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Public hearing held on ordinance to repeal Eagle Crest CUP denial; planning board only received comment, no action
Summary
The planning board held a public hearing on a quorum‑court ordinance that would repeal a prior denial of a conditional use permit for Eagle Crest Recovery. Residents urged the county to uphold the denial, citing septic, fire code and neighborhood concerns; planning board did not vote—the action is for the quorum court.
The Washington County Planning Board convened a public hearing on an ordinance from the quorum court that would repeal an earlier denial of a conditional use permit for Eagle Crest Recovery. Because the repeal originates with the quorum court, the planning board’s role was to provide a public hearing and record citizen comments; the board did not vote on the ordinance.
County legal counsel explained that litigation in federal court raised potential liabilities under the Americans with Disabilities Act and the Fair Housing Act and that the quorum court is considering repeal of the denial to reduce legal exposure. The county attorney framed the hearing as an informational opportunity required by Arkansas law, not a planning board decision.
Several members of the public urged the planning board and the quorum court to uphold the prior denial. Charles McKinney, speaking for War Eagle Cove residents, said Eagle Crest should not be treated as a single‑family residence for zoning purposes and listed reasons the original denial should stand: lack of certified septic system, noncompliance with the Arkansas fire protection code, and unresolved neighborhood concerns about truck deliveries and nighttime lighting. Another commenter referenced case law (Oxford House, Inc. v. City of Virginia Beach cited in argument) to argue courts do not categorically treat group homes as single‑family residences for zoning.
A planning‑board member noted the original denial was based on suitability for that location rather than a broad single‑family vs. commercial classification and encouraged the quorum court to follow its prior judgment. The board closed the hearing after collecting comment and indicated it would forward the record to the quorum court, which will make the final decision.
No action by the planning board was taken; the matter remains pending with the quorum court and in ongoing litigation in federal and state courts.
