FAYETTEVILLE -- The Washington County Planning Board denied Thursday a property owner's request to build large, metal buildings in a residential area just outside the city limits, then lease them to unknown businesses.
Pat Tobin and his neighbors have fought for more than six months over Tobin's plans to use his 19 acres at 4012 Old Wire Road. The most recent request from Tobin was too vague to approve, some Planning Board members said.
The kind of business Tobin planned to house in his warehouse-like buildings remained unknown, they said.
Tobin planned to build 10 single-story buildings that were 2,500 to 5,000 square feet, county Planning Department records show. The board has never before approved a conditional use permit where no one knew exactly what the facility would be used for before it was built, said Daryl Yerton, board member.
Board members should be careful about setting precedent, he said.
In a voice vote, one board member supported Tobin's plan. Another member abstained from voting. All members were present.
Tobin said in Planning Department documents he wants to lease the space to tenants such as glass shops, baseball pitching and hitting businesses and general warehouses. He said he had ideas for the type of business he wanted. He also listed specific business types, including salvage yards, he would not rent to, county records show.
Staff recommended approving Tobin's conditional use permit with some conditions. Tobin was also seeking a preliminary large-scale development permit the board did not address.
Planning process
The Washington County Planning Department helps developers bring their plans into compliance with county ordinances, reviews development proposals and recommends ordinances or policy changes on land-use matters. The Planning Board reviews land development proposals to make sure they comply with county ordinances. The Washington County Quorum Court ratifies development proposals that need zoning changes.
Source: Washington County Planning Department
City concerns
The property is within one mile of the Fayetteville city limits and in the city’s planning area. City officials told Washington County they had concerns with compatibility the project would have with their existing land-use plan and increased traffic, light, noise, storm water runoff and possible pollutants getting into the Mud Creek watershed.
Source: Washington County Planning Department
Had the proposal moved forward, the Planning Department planned to do inspections to make sure operations did not change without Planning Board approval, planners said Thursday.
Tobin's property is zoned for single-home residential and agricultural use.
At least 15 of Tobin's neighbors objected to the plan Thursday.
Neighbors cited drainage concerns and aesthetics, among other issues, for not wanting the buildings. Commercial property is located near residential homes, but those properties are not like the one Tobin proposes, neighbors said.
"I strongly feel that rentals do not fit in this area," neighbor Tim Foster said. "I do not want to live by an industrial complex."
Tobin first asked for a conditional use permit this past September. The project was tabled twice, and Tobin asked the board for one building as an alternative plan. That proposal was denied in February.
About two weeks after the board denied his plan, Tobin put up a sign, moved heavy equipment onto his property and said he planned to build a hog and goat farm. That sparked more concern among neighbors, who said it seemed Tobin was being vindictive after the board turned down his commercial plan.
On Thursday, Tobin brought back his original proposal, which is what the board denied. After the decision, neighbors said they remain worried. The issue doesn't feel resolved, said Mike Gall, who owns property across from Tobin's.
"We feel like we're waiting for what comes next," he said. "It's frustrating."
Tobin would not say Thursday whether he planned to actually build the hog farm, or if he plans to appeal the board's decision to the Quorum Court. "We'll see," Tobin said as he left the courthouse.
NW News on 05/04/2018