Council informed of zoning changes

By Staff, 11/24/20 9:47 AM

PRESCOTT – Changes are coming when it comes to planning and zoning in Prescott.

The Prescott City Council, at its November meeting Monday night, was told of these changes by James Walden, who’d been contracted to update the city’s zoning situation. He pointed out nothing has been changed since 1978, but now everything his digital and a more comprehensive plan was developed along with a master street plan.

These plans are a representation of where Prescott wants to go and what it should look like when it gets there in the future for the next 20 years.

Prescott, he pointed out, is made up primarily of low density residential zones for single family dwellings. Walden told the panel there are two pieces of regulations the city will have to address: subdivision regulations and development codes for zoning.

As far as the zoning codes, he said, the city will dictate what can be built where and what rules apply for each. The biggest change in the zoning codes, he added, is for residential manufactured homes (RMH), which has been a big issue in the past. The plans call for the establishment of RMH in A1 zones, defines what manufactured homes are and how manufactured homes differ from mobile homes. The primary difference is mobile homes were made before 1976 while manufactured homes were constructed after ’76.

For RMH different standards apply, including a minimum length and width of 21 feet to each side, or basically double-wide structures with the door facing the front yard. If there’s no front door, a covered landing must be constructed at least 6×6 feet facing the front yard. These structures must also have siding consistent with other homes in the area, roof with a 4×12 pitch to make them look more like a house, with the axles removed and anchored according to regulations from the Arkansas Manufactured Housing Commission. The anchoring, he said, is for safety’s sake. These homes must also have a solid masonry or concrete foundation, which should be put down first.

Before any manufactured home can be moved in, it must first be inspected by the city.

Walden said the other zones are R1 to R3 with R1 being single family residential areas, R2 being primarily for duplexes and R3 for apartments and single-family dwellings.

Zoning, he told the council, deals with the economics of housing with the goal to have higher end duplexes and rental property in R2 areas and encouraging the development of duplexes as a way to stimulate investments.

Other zoning areas are C1, C2, B1 and I1. These are primarily business and commercial zones which will add a buffer zone around the business in question and specify the location for industry based on the inherent risks involved. Walden used the example of not wanting a fertilizer plant located in the middle of downtown.

He told the council only communities in Arkansas where the city council can be the zoning commission are cities of the second class. Prescott is a city of the first class. Walden said a commission of at least five people is required and must be confirmed by the council. The commission must meet at least quarterly and one-third of the commission can be from the council or other elected office, or someone on another commission.

A board of adjustment is also needed, he continued, which can be made up of the zoning commission, to deal with variances and appeals.

Walden was asked what could be done if five people couldn’t be found to serve on the commission. He said the city could petition its local legislators to change the law or go by population, which would allow members of the council to serve. However, he added, state law requires a planning and zoning commission, but didn’t know what would happen if it didn’t and ordinances were approved by the council.

In other business, City Attorney Glenn Vasser talked to the council about putting liens on properties demolished and cleaned up by the city. To recuperate expenses, he said, meticulous records would have to be kept on the time and equipment used. But, he added, if city employees are used, and do the work while on city time, it could be tough to recover any funds from the property owner. If the work is contracted out, records must be kept, specifying the property in question and its location with an affidavit for lien prepared.

If the lien isn’t paid after 18 months, the city can file for foreclosure of the property. Vasser said there could be problems trying to leave the lien on the property for more than 18 months as there are time limits involved.

Mary Godwin, executive director of the Prescott-Nevada County Economic Development Office, informed the council Christmas decorations have been put out and will be  turned on Thanksgiving night.

The collection of sales tax is down considerably from this time last year, she added. In the last two months, the sales tax has generated $540,000 whereas it was $852,000 last year. Godwin said this is due to the coronavirus and will affect the city’s budget and what can be done.

She also told the council two bids were received for the TA project on Hwy. 371. The low bid came from TEC, Inc. at $287,400. She pointed out A.L. Franks, the engineering company, scaled back the project somewhat as the first round of bids were all considerably over budget. The council voted to accept the low bid.

The sidewalk project is also on hold until the spring, she said, because of the virus.

On a more positive note, Godwin said the city was able to get CARE money in the amount of $130,536 to help offset costs experienced due to the virus.

Jamie Hillery, executive director for the Prescott-Nevada County Chamber of Commerce, said the Chamber has been busy and pulled off two major projects in less than a month – the annual fall festival and the annual Chamber banquet.

Plans are, she said, to have the Christmas parade, though there will be no Christmas on the Square or Breakfast with Santa this year because of the virus.

The Chamber, she added, will be working on a shop local campaign for the holiday season to get people to spend their holiday money in town.