FAYETTEVILLE -- Washington County's justices of the peace took no action Thursday on a permit for a dirt mine on property off Wedington Drive west of Fayetteville, leaving the question on the agenda for the Quorum Court's April meeting.
The Quorum Court heard an appeal of the Planning Board's denial of the Heritage Farms permit. The board voted 4-0 to deny the permit at the board's Feb. 14 meeting. All property in unincorporated Washington County is zoned for agricultural or single-family residential use. Any other use requires the property owner to obtain a permit.
Planning appeals
Property in Washington County is zoned for agricultural or single-family residential use. Any other use requires property owners to obtain conditional use permits. Applications for conditional use permits are first considered by the county’s Planning Board. The board’s decision may be appealed to the Quorum Court and the Quorum Court’s decision may be appealed to circuit court.
Source: Staff report
A motion to deny the permit was made and seconded but a further motion to suspend the rules and place the ordinance on its second reading failed to garner the 10 votes needed for approval and the item will remain on the Quorum Court's agenda.
Bobby Morris, the property owner, said he wasn't surprised justices of the peace didn't resolve the issue. Morris said the proposal has become a personal issue and many of the criticisms are aimed at him. He said he already decided to pursue an appeal if his application is denied.
"I'm going to take it as far as I need to," Morris said. "I'm committed to it."
Marty Matlock, one of the neighboring property owners, said he's satisfied with the process, but he also said an appeal to circuit court is likely if the permit is approved.
"Deliberation is the hallmark of good decision-making," Matlock said of Thursday's meeting. Asked about a possible appeal, Matlock said he believes the law is clear and supports the neighbor's position.
"A decision to support the [permit] violates the law," Matlock said.
The board voted to deny the permit after a lengthy public hearing in which a crowd of about 50 people voiced their opposition to the proposal.
According to information filed with the county, the plan submitted by Morris calls for red dirt to be mined on about 20 acres of the 211-acre parcel. The mining would be done in stages with no more than 6 acres being in use at any one time. The mining operation could continue for as long as 10 years. As many as 75 dump trucks could make trips to and from the site daily while the mining is being done.
Morris told the Quorum Court he plans to use the land for a cattle operation and the mining operation will benefit those plans. He said a similar operation that has been reclaimed looks like a golf course "with nice rolling hills."
"My goal is to eliminate the hills and gullies," Morris said. "My goal is to make it more usable for cattle."
Neighbors disputed the idea the operation would improve the property. They complained about the hazards of the heavy truck traffic and noise from the site during the mining operation and possible contamination of groundwater in the area. The said the mining operation didn't fit in with the rural, residential character of the area and would damage the value of their properties. Matlock, who owns the property just south of the proposed red dirt mine, said the issue is very emotional for neighbors, but shouldn't be for the justices of the peace. "For you, it's not an emotional issue, it's an issue of the law," he said.
Matlock said the county's requirement for issuing a permit raises issues of compatibility and safety and the proposed use is to not interfere with the use and enjoyment of surrounding properties or damage property value.
"We think we're the best judges of what's compatible with our land use," Matlock said.
Also Thursday, the justices of the peace voted unanimously to end the Quorum Court's appeal of a circuit court ruling ordering the county to grant a permit for an events venue approved by the board in November 2016 but rejected by the Quorum Court on appeal.
The Arkansas Court of Appeals on March 6 ruled in favor of Terry Presley in his efforts to open an event center near Greenland. Presley planned to open a 6,900-square-foot facility for weddings and other events on 7 acres he owns at 5241 Shaeffer Road. The facility would handle up to 100 attendees and 60 vehicles. Neighbors objected to the project and the board adopted a list of conditions including limits on hours of operation, number of events per week, music at the venue, not providing alcohol, landscape barriers and a traffic study.
The neighbors appealed the board's approval of the permit to the Quorum Court, which voted to deny the permit. Presley appealed to circuit court and the county was ordered to grant the permit. The county appealed the ruling to the Court of Appeals, which affirmed the circuit court decision.
NW News on 03/22/2019