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Developer asks Benton City for fee waivers and fencing delay for materials yard; council raises gifting and safety concerns
Summary
Applicant Carl Sarver proposed a materials/construction yard next to Dollar General and requested waivers of water/sewer connection fees (~$7,250) and one year to install required site-obscuring fencing. Council members expressed concern about gifting public funds, floodplain fencing constraints, access through Dollar General, and asked staff and the city attorney to craft a written agreement or bond if concessions proceed.
Planning staff summarized a proposal from applicant Carl Sarver to use a parcel east of Dollar General as a materials and sales yard for bark, gravel and sand and asked whether the council would consider concessions such as waiving water and sewer connection fees and giving a one-year timeline to install required site-obscuring fencing.
"He was asking if the city would be willing to waive our water and sewer connection fees, which would be roughly $7,250," planning staff said, and noted the applicant understands he must meet frontage and sidewalk requirements and that some floodplain rules limit fencing options.
Council members raised multiple concerns. One member said waiving connection fees could amount to "gifting of funds" and asked the city attorney to review whether such a waiver is permissible; another member urged caution about setting a precedent. Planning staff suggested the city could require a bond or a written repayment agreement to protect the city if it allowed delayed payment.
The applicant and staff discussed access: the proposed vehicle egress would cross the Dollar General paved area, which would require coordination with that property and possibly upgrades to handle heavy trucks. Staff told the council the lot meets zoning under the C-1 commercial code for a sales yard but that floodplain constraints will affect fence design; staff described "EcoBlock" and black wrought-iron options and said they will work with the applicant on an acceptable, flood-compliant design.
Council directed staff to have the attorney review any fee-waiver proposal and to draft any necessary written agreement (including a bond or repayment timeline) rather than approve a blanket waiver at the meeting. Staff said they will prepare documentation and vet the proposal with the city attorney and bring options back to council.
Next steps: Staff will work with the applicant and the city attorney on a written agreement addressing fee repayment or bonding, acceptable fence designs compliant with floodplain rules, and any requirements for access upgrades through Dollar General.
