Council Discusses Changes

PRAIRIE GROVE -- Prairie Grove aldermen asked City Attorney Steven Parker to continue to tweak an ordinance that amends zoning requirements for auto repair, auto salvage and towing/impounding businesses.

The ordinance was placed on second reading at the City Council's April 16 meeting but some changes most likely will be made in response to comments made by former Alderman Murph Pair.

Pair, who owns property in Prairie Grove leased out as an auto repair shop, said the proposed requirement that non-operable or wrecked vehicles cannot be stored on the premises longer than 10 days, unless hidden from view, is unreasonable for a small-business owner.

Pair noted that sometimes people drop off a vehicle for repairs and then abandon it. Other times, it may take longer for someone to get the money together to pay for any repairs.

"In most repair facilities, it is not an uncommon issue," Pair said, noting sometimes a business owner may have a vehicle for 60 days.

The proposed ordinance says if a vehicle remains longer than 10 days on the premises, it must be stored in an enclosed building or stored behind a six-foot fence so it is not readily seen by motorists or pedestrians.

Pair said this requirement would add an extra cost of operation for someone in the auto repair business who already is having a hard time making a living.

"If you have to build an impound yard, that's an additional expense," Pair told them.

He recommended possibly differentiating between a repair shop and an impound business and lengthening the time frame for storing vehicles.

"You wouldn't have to amend it much. Don't put a burden on the small-business person who doesn't need to have that hassle," he added.

Larry Oelrich, director of administrative services and public works, said he thought Pair's concerns were valid and one idea might be to allow 60 days, instead of 10 days.

The main goal of the ordinance, Oelrich said, is to deal with junk car yards in the city.

The driving force for the proposed ordinance is a business along Richardson and Cactus Jack roads near Valley View subdivision. The owner of the business claims he is operating a towing/impound shop but city officials say they believe it is a salvage yard. Residents in the area have complained about the number of vehicles parked on the property and in a field behind the business.

Parker and Oelrich acknowledged that any zoning changes for auto-related businesses will not be retroactive. Current businesses will be grandfathered in, Parker said.

"I don't have a problem with the ordinance as it is written but it will not fix what we have on the ground now," said Council member Casey Copeland.

He said he did not think a specific time period for storing vehicles in sight was relevant.

"If you are doing this kind of business, you have to put up a fence," Copeland said.

Since the ordinance would not be retroactive, the city would only be able to deal with current businesses as they close and others move in, he said.

In other action, the Council voted 7-1 to approve a final plat for the Silva Family subdivision on U.S. 62. The property is being divided up among family members. The Planning Commission recommended approving the request and also approving a request to waive the requirement for sidewalks.

Copeland wondered about waiving the sidewalk requirement because it would set a precedent for other subdivisions. He voted against the motion to approve the plat and waive a requirement for sidewalks.

Oelrich told him he could see it both ways but noted the subdivision was a residential and he suspects it will be commercial in the future. At that point, the developer would have to build sidewalks, Oelrich said. Now, the closest sidewalk is about 1 1/2 miles away.

General News on 04/27/2016