Benton County planners revisit trucking operation

Posted: February 8, 2018 at 1:07 a.m.

BENTONVILLE -- Benton County planners on Wednesday reviewed new plans for a trucking business near Lowell denied permission to operate by the board last year.

The Planning Board reviewed a proposal for property at 5475 and 5529 Colvin Place owned by Maria del Carmen Martinez. Don Kendall, a Rogers attorney, represented Martinez and W.C. & Associates, the trucking business seeking permission to operate from the 5-acre site.

The business was reported to the county's environmental division in February and April 2017 regarding trucks, machinery and material being stored outside on the site and the suspected leaking of oil and other fluids, according to the planning staff report on the project. The planning staff issued a stop work order for the business and the Planning Board subsequently denied the application as submitted. The Planning Appeals Board then upheld the denial of the application.

Kendall said the business has continued to operate, despite the board's denial of the plans.

"Yes or no, did they continue to operate out there," board member Ashley Tucker asked Kendall.

When Kendall said the business has continued, Tucker asked "Why?"

"Because they were trying to make a living," Kendall replied.

Kendall said there has been a major change in the business operation, which was contracted to do work in conjunction with paving work on Interstate-49

"It was being done at night so there was a tremendous demand for their business at night," Kendall said. "That has stopped so the demand is no longer there."

In the new plan, the business will reduce the number of dump trucks on the property from 30 to 10, along with a track hoe, backhoe and excavator used in conjunction with the trucking operation. Used batteries and oil will be stored on the site. The business will have no nighttime operations and business hours will be from 6 a.m. to 7 p.m. six days a week.

Kendall said the trucking business isn't out of character for the area. He said there's another trucking operation nearby and other nearby properties have vehicles stored on site.

The planning staff reported on the need for screening and buffering between the business and adjacent residential properties. Parking and landscaping requirements were also detailed.

The new plans are scheduled to be considered by the Planning Board in a public hearing at its Feb. 21 meeting. Kendall said more time may be needed to develop more complete plans. Bob Bracy, board chairman, said if the new plans aren't ready at the Feb. 21 meeting the applicants can withdraw and reapply or the board could hold the hearing and vote to table the issue.

The Planning Board voted Wednesday to allow a paint shop business in a residential area on North Arkansas Street near Rogers after the board received a complaint the business was operating without approval. The board approved a site plan for a 660-square foot paint shop for Janacek Remodeling at 3833 N. Arkansas St. According to records, the property is bordered on all sides by residential property.

The business was brought to the county's attention when a resident complained about odors from the work being done outside the building at the site. Tim Janacek, owner of the business, said he had since told all of his employees no work was to be done outside the building. Janacek wrote a letter to the county indicating he was unaware of the county requirements when he began operating at the site. Janacek said the building is only used "sporadically" since most of his business is done at customers' homes. He said he has installed a filtered ventilation system to prevent fumes from leaving the building.The building will mostly be used for painting cabinet doors and trim, he said. Some paint and paint thinner will be stored at the business.

The board said the business requires an additional three parking spaces and must have some screening or buffer space between the business and the adjacent residential properties.

The board also approved plans for the Decatur Sale Barn Church at 8944 S. Arkansas 59 near Decatur. The church plans call for a new 7,890-square-foot building, a gravel parking area and driveway.

Board members spent some time discussing proposed revisions to planning regulations. The board and planning staff have been working on changes and clarifications for several months and will take any suggested changes to the Quorum Court's Legislative Committee for consideration by the justices of the peace.

NW News on 02/08/2018