PEA RIDGE -- A business that has been operating for about a year and a half on residential property was effectively shut down by city officials.
The property owner, Blond Bomber Mitchell, requested a rezoning from residential to commercial.
Opposition to the rezoning was voiced by several adjacent landowners Tuesday during the public hearing at the Pea Ridge Planning Commission. The request to rezone was unanimously denied.
During the discussion, it was revealed that Mitchell has been running the business there for more than a year.
Mitchell told city officials she has owned the property for about a year and a half and wants it zoned commercial so she can "be able to park dump trucks there."
Mitchell said she has three trucks with the potential for two more.
"That's my home as well," she said. "If we grow any bigger, we'll relocate."
During the discussion, Mitchell was asked whether she was running a business from the site.
Planning Commission member Chris Johnson said to rezone the land commercial would be "spot zoning" as nothing bordering it is commercial.
"If you're running a trucking company from that residential site, that's not permitted," city attorney Shane Perry said.
"They're operating a business within a residential zone ... it was pointed out they were not in compliance," Planning Commission member Dr. Karen Sherman said.
Mitchell said she has two dump trucks and two drivers.
"That's what we're doing," she said.
"I don't have office staff," she said, adding that if she has to, she can change the address of the LLC to an address in Huntsville. She said she does have an LLC as it is required to run trucks on the road.
"At the end of the day, it sounds like you're running a business out of a residential home in a residential district ... everybody is trying to be reasonable," Perry said, adding that changing the address on paper does not address the problems created with the current use of the site.
"Substantially that wouldn't change anything. You can put anything you want on paper, but if you're running the business from there ..." Perry said. "This discussion should have happened on the front end, not the back end.
"Everyone is sympathetic, but running a dump truck business in a residential zone is not permitted."
David Best, a resident who spoke about the rezoning request, said he was concerned about the long-lasting effect zoning the property to commercial would have. said:
"There is a lot of foot traffic there with children walking to school," he said.
"Once this zoning is changed, I'm about 99.9% sure it will never revert," Perry said.
City resident Aaron Matthews said the noise level hinders sleep.
"I'm not trying to be a bad neighbor; it's frustrating when I'm trying to get sleep," Matthews said, adding that he was also concerned about property values. "That has been residential for years. At this point, it just feels like it's not helpful to the residents there."
Mitchell said she doesn't believe the dump trucks create noise before 6 a.m. nor after 6 p.m. She said her hobby, race car driving, may create some noise and that the trash truck which comes two days a week creates noise.
Bethany Osowiecki said she lives in one of the 12 houses that backs up to the property. She said she had read the city code and believes the requested zone is an incompatible use with the area.
"I love small business, but I am worried about three, five, 10 years from now," she said.
Osowiecki cited traffic flow, noise and pollution, existing neighboring usage and the expected impact on the aesthetic character of Pea Ridge.
Resident George Merritt said the noise levels created by the business make it impossible for him to enjoy his yard.
Resident Nicholas Van Voorst asked: "What is the reason she can currently park her dump trucks there?"
City building official Tony Townsend said he was concerned that the property, which was "once covered with beautiful oak trees ... is now mostly gravel." He expressed concern about the run-off and pollution to adjacent property. "If you'd come in and said let's do a large-scale plan, we could have addressed the run off and drainage."
Planner Al Fowler said that although the property faces Arkansas 94, it is surrounded by residential.
"For me, that adds a layer of complexity to rezone and usage," he said. "This is adjacent to quite a number of backyards."
"I just want to say, we're very sympathetic," Perry said, adding that whereas it was her right to ask for the rezoning, she is "not permitted to run a business in a residential zone." He said that she could have asked for a home occupation permit, but rules governing noise, pollution and traffic govern home occupation permits which are generally allowed for "very, very low impact" businesses.
"By outward appearances... it appears to have started in last year, year and half," Perry said. "The city is really trying to be reasonable. You can't run a truck business on that site. That's not permitted by our laws. Our code says that's a criminal violation. The laws are there, have been passed by City Council. You have to abide by them."
Other business
In other business, the Planning Commission:
• Approved a request to rezone 1.51 acres at 1997 W. Pickens Road from residential to commercial.
• Approved rezoning six acres on Reed Loop Sugar Creek Development from agricultural to residential.
• Approved the final plat for Sugar Creek Estates.