Quorum Court sends Eagle Crest zoning repeal back to planning board after residents raise ADA, septic and fire safety concerns

During the Washington County Quorum Court meeting, justices voted to refer an ordinance that would repeal Ordinance 2023-26 back to the Planning Board for a public hearing after extended public comment and legal questions about procedure and enforcement.

Residents who live near the Eagle Crest facility and an attorney representing them urged the court to require additional review rather than approve the repeal. Attorney Jim Crouch, representing Charles and Mary McKinney, told the court that a judge had “upheld the denial of the CUP” in an earlier ruling and warned that "If you consider this ordinance tonight, you'll be doing it without a public hearing, and I think it'll be invalid on its face." Charles and Mary McKinney described ongoing concerns about septic capacity, fire safety and lake access and said they had seen no enforcement of the conditional use permit (CUP) they said the county previously denied.

County Attorney (Counselor) Lester and the county’s planning staff framed the question as largely procedural: the county’s prior repeal had been set aside by a court that found the county did not follow required procedure when it amended zoning law. Lester said Arkansas law requires a public hearing when the quorum court initiates a zoning-law change and characterized the Planning Board step as the appropriate venue for on-the-record public comment. He told justices the safest course to avoid further legal challenge was to send the measure back to the Planning Board for a hearing.

Justices debated several proposed amendments that would have placed explicit conditions on Eagle Crest—requiring certification of septic compliance from the Arkansas Department of Health, exterior lighting shielding, managed delivery schedules, and compliance with the Arkansas State Fire Code. Those amendments were proposed by Justice Koger but failed on the floor. Supporters of the amendments said they were intended to protect neighboring residents; opponents and the county attorney warned that adding conditions specific to occupants with disabilities raised discrimination risks under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA) if the county treated similar commercial uses differently.

After debate, Justice Lyons moved to refer the repeal ordinance to the Planning Board for a public hearing; the motion, seconded by Justice Rios Stafford, passed on roll call. Mr. Allen called the roll and recorded a majority of yes votes; the court announced that "Item number 10 passes" as a referral. The referral means the Planning Board will hold another on-the-record public meeting where neighbors and county staff can present testimony and recommendations before the Quorum Court takes a final vote.

County staff and several justices emphasized limits on county enforcement authority: septic compliance and septic permitting fall under the Arkansas Department of Health, and fire-safety enforcement rests with the state fire marshal. County counsel repeatedly described those as the appropriate enforcement channels rather than a county-level permit condition the court could directly enforce.

The next formal procedural step is the Planning Board public hearing; the county attorney said the board’s hearing is the statutorily required venue for public input when the Quorum Court initiates zoning-law changes. The Quorum Court did not adopt any of the conditional amendments proposed during debate and did not repeal Ordinance 2023-26 at this meeting.