Developer says zoning laws are antiquated

Details

Published on Wednesday, 01 February 2012 14:17

Dale Denwalt
Daily Elk Citian

The planning of a new business district has city leaders in a philosophical discussion about land planning and whether Elk City's laws are adequate.

Joe D. Hall, who is developing the Market Place Addition-North at the east end of Third Street, stood before the Planning Commission and Board of Adjustments Tuesday to request a replat of his property, which includes about 30 acres facing Interstate 40.

As potential businesses gobble up the valuable land that Hall is developing, Elk City's planning rules stipulate that the land be replatted to reflect the new divisions. And because the rules do not allow lot splits, the entire development must go again before the board for replat.

"As somebody comes in and takes a part of that, it will require going through this same process again," said Hall. "If this is sold to three different people, it would require three different visits back to this board to get that replatted three different times."

LOT SPLIT

Vice Chairman Bob Redaelli asked why Elk City doesn't allow the simpler lot split method.

"Because we haven't had any development. We're probably functioning off of a 70-year-old ordinance. I don't know," Hall replied, noting that he might go back to the board two or three more times for a replat. "That's just the process. I think it's antiquated, I think it needs to be revisited but I'm no expert about it."

Board member Scott Grubitz criticized the current law.

"If the thing's a replat of the whole thing, then you open a can of worms every time," he said. "Every time you come in, it's fair game for us to say anything."

Chairman Basil Weatherly applauded his board for considering alternatives to the way Elk City approves land plats.

"We're growing, and these are just growing pains and things we're having to think about," he said after the meeting. "These guys are thinking, and that's a good thing."

FRONTAGE

On more than one occasion, Grubitz has urged city leaders and business owners to think about how Elk City looks from the highway. During the discussion on Hall's replat request, Grubitz posed a question aimed at making the extension of Third Street into Market Place Addition-North a true frontage road. 

"Can we stipulate if a future division comes that only wants half of what's currently shown as 'Lot 3,' we request an extension of the Third Street easement for a future [frontage] road?" he asked. "All I'm trying to say is if it comes in here in some wacky split, wouldn't we like to be able to say extend the road?"

Another business district in the city has the same problems, he mentioned.

"I would look at this thing the same way I look down there on south Main, where you get off to go to the Honda dealer," said Grubitz. "The way that all got developed down there with the Arby's and Long John Silver's, you can't get the frontage road through there."

Hall was hesitant to support an easement stipulation. Redaelli moved to approve the replat, and Grubitz seconded the motion.

Weatherly gave a brief explanation about the board's responsibilities.

"It's been a while since we've had a chance to sit and think about, 'OK, long term, what kind of effect is this going to have on this particular area of town.' And I understand Joe's standpoint," said Weatherly. "This is his land; he wants to develop it this way. And I think as the owner, he has probably 95 percent of the right to dictate the way he wants to build it. That other 5 percent is us. We have to come and look long-term, down the road. Do we think this is really going to be feasible, or something we're really going to need?"

MAKING CHANGES

The discussion turned to a fabrication plant that sits along the interstate. Hall noted a change in the city's philosophy of frontage property and zoning requirements.

"You've exhibited no interest in appearance off the interstate when you sell SFI a half a mile so you can see their pipe yard," said Hall. "I agree with Scott; If that was a priority to you, you could restrict or define that as a requirement."

The empty land between the pipe yard and the interstate will probably change hands sooner or later, Grubitz said.

"You've got to look at it long-term. SFI will take care of itself because that's a dollar-driven decision," he said. "At some point, that dirt along the interstate will be worth too much. All I'm trying to say is we can get ahead of that curve."

One change the city can make is to create a zoning overlay, requiring businesses to keep a specific image the city wants to project to interstate travelers.

"It all comes down to the best and final use of the dirt," said Grubitz.

Elk City's economic development coordinator, Shane Frye, agreed with the need for frontage roads.

"For future development, having those frontage roads on the north and south sides of I-40 would be ideal. I drove around Clinton and Weatherford, and I like what Weatherford has done. We're going to need that," he said.

The board approved the replat, and took no action on any of the frontage or easement ideas discussed.