Planning Commission - Regular Meeting

All right. Amen.

I call to order the August 13th Planning Commission meeting. We will start with an invocation followed by the Pledge of Allegiance. I have asked Commissioner Walker to lead the invocation, please. And please, we have a lot of people in the audience. Please silence your phones and refrain from talking. Commissioner Walker.

Hey, it's Matt. Heavenly Father, as we gather this evening, we pause to acknowledge your presence among us. We thank you for the opportunity to come together united in purpose and vision. Guide our hearts and minds as we discuss this agenda before us. May our efforts be blessed and may we work together creating a brighter future for all in the community of Hot Spring. In your name we pray. Amen.

I'm going to read off some meeting procedures When your name is called, please come to the podium, address your comments to the planning commission, not the audience. Any questions you ask will be answered once everyone who has signed up has had a chance to speak. We understand that you may have strong feelings one way or another. Out of courtesy, unless it is your turn to speak, please remain silent. Please refrain from applauding, cheering, booing, or other verbal outbursts. This is a fact-finding hearing. There is no need to repeat what has already been said. If a previous speaker stated points you wish to make, you may simply acknowledge that so the hearing may proceed. The applicant will have five minutes to speak. Other speakers will have three minutes. Please respect the time limit. Mr. Stoddard, could you please call the roll? Campbell.

Here.

Gerke.

Here.

Stafford.

Here.

Scott. Walker.

Here.

Bell.

Here.

Lamon. Here. Baker.

And Stone. Here. Next, we need approval of the minutes for the last meeting. May I have a motion and a second to approve last month's meeting minutes?

So moved.

All in favor? Aye. Next, we need approval of the agenda. May I have a motion and a second to approve tonight's agenda?

Mr. Chairman, we do have an item that the applicant has requested to be removed from tonight's action agenda and rescheduled for September 10. That is item number six. Vivian ridge We will need a Motion to amend the agenda accordingly We need a motion in a second to amend the agenda second

All in favor?

Aye.

And now we need approval of the agenda. May I have a motion and a second to approve tonight's agenda?

As amended.

As amended. So moved.

Second.

All in favor? Aye. Next is the consent agenda. The first matter is the consent agenda. May I have a motion and a second to approve the consent agenda with staff report findings and recommendations?

So moved.

Second.

Director Selman, please present the consent agenda.

Thank you. Item number one is Miscellaneous 26-167. This is an application to extend the bond, ensuring completion of required paved secondary access for the cottages at Bayshore Cove subdivision phase one. The recommendation is for approval with two conditions. I'll read those conditions. into the record. The conditions are that the applicant will provide ongoing dust and particulate mitigation until the road is improved and construction is complete to prevent dust and debris impacting the surrounding neighborhood. Number two, compliance with all previous conditions of approval. Item number two on the consent agenda is SPA 26175. This is a large-scale development plan application for Pizza Inn, an assembly occupancy restaurant at the Mowry Wyatt Shopping Center. Recommendation is for approval with six conditions, and I'm going to read those six conditions into the record. Number one, all construction and construction activity is to be accomplished in strict accordance with the approved site plan and all approval conditions and with minimum standards, codes, rules, regulations, and policies as may now or hereafter be required or enacted by the City of Hot Springs, the State of Arkansas, and or the United States of America including the Arkansas Fire Prevention Code, whether or not submitted for staff review or Planning Commission approval. Condition number two, the Certificate of Occupancy for the structure shall be in hand prior to any use of the property. 3. Separate permit applications shall be made to Hot Springs Engineering Department and permits shall be in hand for stormwater, drainage, and sidewalks as may be required prior to any work beginning. 4. A separate sign permit application, review, approval, and permit shall be required prior to installation of any signs. 5. Any additional lighting will require a photometric plan to be submitted at the time of building permitting. Number six, multiple building or large-scale plans approved by Planning Commission shall be effective for one year from the date, that would be today, August 13th, 2026 of approval, being valid through August 13, 2027. prior to its expiration date. The director of planning and development may extend the original site plan approval for up to two one-year periods upon the applicant's written request. Planning commission of any project that has not fully secured all required permits within the period of time set forth shall be null and void. And the final item on the consent agenda is SBA 26148 at 941 Hobson Avenue. This is a large scale development food truck park site plan application to add one mobile food concession trailer to an existing one trailer food truck site. Recommendation is for approval with five conditions. Those conditions are The development site shall be developed and or operated in strict accordance with the approved site and development plan, including but not limited to location of food truck units, on-site wastewater disposal facility, and common eating or recreational areas. Number two, all construction and construction activity are to be accomplished in strict accordance with all applicable approval conditions and with the minimum standards, codes, rules, and regulations and policies as may now or hereafter be required or enacted by the City of Hot Springs, the State of Arkansas, and or the United States of America, including the Arkansas Fire Prevention Code, whether or not submitted for staff review or planning commission approval. Number three, prior to any work beginning, separate permit applications shall be made by the applicant to the City of Hot Springs and permits shall be in hand as may be required. Number four, any additional site lighting shall be fully downcast, shielded and full cut off as to retain all illumination on the subject property. Number five, multiple building or large scale site plans approved by Planning Commission shall be effective for one year from the date of approval and in this case shall expire on August 13, 2027. Prior to its expiration, the Director of Planning and Development may extend the original site plan approval for up to two one-year periods upon the applicant's written request. Planning commission approval of any project that has not fully secured all required permits within the period of time set forth shall be null and void. And that completes the consent agenda items.

Mr. Stoddard, could you please take the roll on a motion to approve the consent agenda?

Gerke? Approve. Stafford? Approve. Walker?

Approve.

Bell?

Approve.

LeMond?

Approve.

Campbell? Approve. Stone, sorry.

Approve. The next matter of business is old business. Director Selman, please introduce the next item.

Thank you. Item number four is RZ26126. at 2748 Malvern Avenue. This is a zone change request from RN1, Residential Neighborhood 1, to CN, Neighborhood Commercial, for 2.7 acres of land. This item was continued from Planning Commission's July meeting.

A motion. We need a motion to approve and a motion to approve merely gets the matter on the floor for discussion. A motion and a second do not mean you're necessarily in favor of the application. May I get a motion and a second to approve the item with staff report findings and recommendations?

I move that we approve the item with staff report findings and recommendations. Second.

Second. Director Selman, please present the staff report on the item.

Thank you. Applicants and property owners Josh and Marissa Rawley seek zoning change consideration from residential neighborhood one zoning to neighborhood commercial zoning for property at 2748 Malvern Avenue. This property is currently zoned RN1, has a future land use map designation of residential low, and is located in Board of Directors District No. 6. Planning Commission, at their March 13, 2025 meeting, recommended approval to the Board of Directors for the rezone request to change zone district from R2 to see three of the subject property at 2748 Melbourne. The board of directors at their April 1st meeting in 2025 voted to remand the application back to Planning Commission to reevaluate after new information was brought forward about traffic accidents by citizens from the nearby neighborhood. The property owner at that time, Jerry Young, then withdrew his application for rezone when a traffic study was recommended by the board. This is a new application from new owners And as mentioned earlier, this item was opened at the July meeting of Planning Commission. Testimony was taken and the Planning Commission continued the item to tonight's meeting without making a decision. The surrounding property zoning to the west and south is residential neighborhood one. To the north, regional commercial, and that is across State Highway 270. On the east, also neighborhood commercial. Adjacent and nearby land uses include single-family residential, duplex residential, public school, retail store, and manufactured home park. Subject property has approximately 250 feet of street frontage along Malvern Avenue, also known as Arkansas Highway 270. It has approximately 450 feet of depth. It is across State Highway 270 from Pleasant Mobile Home Park. Regulations for the neighborhood commercial zone are found in Hot Springs code in section 1625. The purpose for the CN zone district is listed in the code at 1625.1B and it is The CN Neighborhood Commercial District is intended to accommodate convenience commercial and personal service uses that primarily serve nearby residential neighborhoods, often in a nodal development form. The applicant submitted a revised narrative on July 30th. The record, this is Excerpt from that, the record reflects a clear and vacant property located along an arterial roadway adjacent to existing commercial zoning within a corridor containing residential, commercial, institutional, and community uses. The requested CN classification would establish a limited commercial transition at the arterial edge rather than extend commercial activity into the interior residential area. When considered together, the surrounding zoning pattern, the purpose of the CN district, the proposed community serving uses, the independent transportation findings, and the absence of newly created nonconformities provide substantial support for the requested zoning amendment. The approval standards of hot springs code section 16 to 14.1 state The Planning Commission recommendation and Board of Directors decision on any zoning text or map amendment is a matter of legislative discretion that is not controlled by any particular standard. However, in making the recommendation and decision, Planning Commission and the Board of Directors will consider the following standards. Approval of amendments is based on a balancing of these standards. The first standard is A, compatibility with surrounding development or zoning. Surrounding development is predominantly residential with some commercial uses within a mile or more of the subject property. This, again, is from the applicant's statement. The extent to which nonconformities are created. And the answer there is no nonconformities would be created. Further, No significant change has occurred within the surrounding area since the construction of Dollar General in 2017, nine years ago. This is not the applicant statement. This is the staff finding in this case. The existing commercial zones within a mile or more have been in place since 2010, several of which were to the CTR commercial transitional zone. The board of directors has acknowledged through their housing strategy the need for additional housing in Hot Springs. A change of zone to commercial downplays housing development and exacerbates the potential for future incompatibility. The application fails to demonstrate how the proposed change implements an approved city plan such as the future land use plan map, the comprehensive plan, or the housing strategy. The application does contend that the proposed use would align with the intent of the CN zone with the zoning code. That narrow compatibility does not justify changing the zone from residential to commercial. The application fails to demonstrate how the proposed amendment would have consistency with the objectives of this code. The future land use plan map shows to remain residential low, and the housing strategy states that sub-market area B which is the Malvern area, has the lowest residential density and the least available residential land. The future land use plan is undergoing review in 2026, and the housing strategy's goals are likely to be incorporated into that review. The application fails to demonstrate how there is a need for land so zoned. A number of existing commercial uses are within a mile or more of the subject property, such as Dollar General, Rockstar Wellness Clinic, Shopping Center, Tri-Lakes Dental, Taco Bell, and the McDonald's convenience store complex. On the other hand, housing availability is a critical need. No error was found in a previous MAP amendment. Adjacent and nearby zone districts include residential neighborhood one, residential neighborhood four, regional commercial, and neighborhood commercial. The applicant provided a traffic memo on two proposed uses, and as this is a zone change, all of the uses which are approved permitted or as conditional uses in the neighborhood commercial zone district would be possible if the map is so amended. Objectives of the zoning code. If rezoned to CN, neighborhood commercial, this property would be afforded the complete list of permitted and conditional uses. The future land use plan map finding. This property's future land use classification of residential low is not compatible with the requested neighborhood commercial zoning. the zoning map amendment finding. The application fails to demonstrate that the standards for favorable consideration have been met. Planning Commission is unable to establish a basis for recommending approval to the Board of Directors in that the proposed change fails to demonstrate compatibility with surrounding development and zoning, It fails to demonstrate significant change in the surrounding physical, economic, land use, or other conditions. It fails to implement an approved city plan. And it fails to demonstrate that such a change would be consistent with the objectives of the code. The recommendation is to not recommend approving the application as it fails to demonstrate that the standards for favorable consideration have been met. Should you find after considering the record and hearing testimony tonight that you wish to recommend approval, there is a way to do that. The findings would need to be amended to specify how the application meets hot springs code section 16 to 14.1 and then A recommendation should be made that the board adopt an ordinance to amend the zoning map by designating the subject property neighborhood commercial. You would insert your new findings there and then recommend the amendment of the future land use plan map by designating the property neighborhood commercial center. Before I complete the staff report, we have been receiving letters. We've had numerous letters come to the office and we have tried to keep up with those by posting them in the online packet. However, today we have received an additional 10 letters which I will Read into the record so that everybody has the same access to those. The first letter is from Jan Hubbard. Jan Hubbard's comment is they have no issues with the property being zoned commercial because it does not affect the zoning of the Hubbard's property. The second letter is from Bruce Willis and Steven Verville. they say dear planning and zoning committee besides all the concerns from the last meeting increased traffic zero speed monitoring no turning lane and the blind area for turning left there are a couple of other concerns after last meeting one concern would be the traffic study it depends on when they did the traffic study along here if school was in season or out for the summer. I think they said 89 cars was the top number, but if you did a traffic survey in the morning when school is starting or in the afternoon when school is letting out, I'm sure that number would be greatly increased. The second concern is that they want to also put a coffee shop with a drive-through window in that space along with the gymnastics gym. The amount of cars coming to a coffee shop, especially in the morning when school starts, and trying to get out, I think is going to create lots of problems. Thank you for your time and concern. One last thing. I know there's a couple of neighbors that can't make it to the meeting tonight, but had texted me that they have sent letters. Okay. This letter... From anonymous hot spring citizen And it says Please ensure this letter is distributed to all members of Planning Commission prior to the meeting tomorrow evening provided directly to them at the meeting and each of you is have copies of these letters and included in the official meeting packet for the record. Dear members of the Planning Commission, I am writing to express my strong opposition to the proposed rezoning of 2748 Malvern Avenue, application RZ26126. I want to bring critical operational and safety realities to your attention that standard traffic studies simply do not capture. Number one, the core hazard, every single vehicle will contain a child. The single most important factor regarding this proposal is that the intended use as a youth activity space means there will be a child inside virtually every car entering and exiting this property. The Commission already recognizes the inherent danger of this location. If you did not, you would not have requested additional traffic safety studies. The site sits at the bottom of a dip with severely obstructed sight lines in both directions, making left turns coming from lakeside or turning left out of the property making left turns coming from Lakeside or turning left out of the property extraordinarily hazardous. Traffic studies provide numbers, but they do not account for human stakes. A collision at this location will not just involve adult commuter traffic, it will directly endanger children. Whether families are dropping kids off for after school activities or grabbing morning drive-through food on the way to school, putting a high volume children's venue on a blind curve is an unjustifiable risk to public safety. Number two, severe overlap with peak corridor congestion. This proposed facility will draw families not just from Lakeside, but from every school district across Hot Springs. Immediate after school rush. Parents do not drive home first and come back out for a 4 p.m. class. They pick up their children and head directly to the facility. This will flood an already bottlenecked corridor less than a quarter mile from Lakeside School right as school dismisses. Compounded traffic windows. Adding morning coffee and breakfast traffic to the peak commute along with evening overlap during lakeside athletic and extracurricular events will create an unmanageable congestion crisis. Number three, city precedent, eminent domain at Malvern and Bel Air. The city recently had to execute eminent domain right down the street at Malvern Road and Bel Air Drive specifically to fix dangerous intersection conditions and widen the roadway for public safety. If the city is actively spending taxpayer resources to mitigate existing road hazards in this exact corridor, it makes no sense to approve a commercial rezone that will immediately dump hundreds more turning vehicles into the area every day. Number four, specialized infrastructure code requirements and long-term vacancy risk. Fire code costs. A proposed 12,000 square foot commercial building triggers strict municipal code requirements, including full commercial fire suppression systems, which carry a massive added financial burden that applicants often underestimate. The vacancy trap. A 12,000 square foot single-use athletic venue is notoriously difficult to repurpose. If and when this business ceases operation down the road, Hot Springs will be left with yet another massive, unmarketable commercial eyesore sitting vacant in a prime residential corridor. Number five, misleading social media campaign. I also asked the commission to take recently submitted support letters with a grain of salt. Social media campaigns currently circulating depict this project strictly as a boutique coffee spot, prompting supporters to send templated emails to staff without disclosing the full scope or scale of the proposed athletic development. Many who submitted letters do not have the full picture. if the applicants wish to build a gymnastics facility and coffee shop, they are welcome to do so, but this is strictly the wrong location. It is already an unsafe stretch of road. adding a high turnover commercial draw that deliberately targets children creates a completely avoidable disaster. If an accident involving a child occurs at this access point, it will be a tragedy that everyone saw coming. I urge you to prioritize child safety and sensible traffic planning by denying RZ26126. Thank you. And then we have from Hope Anderson. I am writing to express my strong support for the proposed coffee shop and gymnastics facility in our Lakeside neighborhood. I believe these businesses would be valuable additions to our community. A locally operated coffee shop would provide a welcoming place for neighbors to gather, connect, and support a local business. A gymnastics facility would provide children and families with a convenient, positive recreational opportunity close to home. Together, these businesses have the potential to bring additional activity, unity, and vitality to the neighborhood while providing useful services for residents that can create local jobs Encourage families to spend more time in the community and contribute a stronger sense of neighborhood connection. I support responsible development that is compatible with the surrounding area, and I believe these proposed businesses can be an excellent fit for our neighborhood. For that reason, I respectfully ask that these receive favorable consideration. Then we have a letter from Mike Delgado. My name is Mike Delgado, and I own the property at 2731 Malvern Avenue, directly across the street from 2748. I'm writing to express my support for the rezoning request. living and owning property directly across the street. I'm very familiar with this stretch of Malvern Avenue. The area is already a mix of residential and commercial properties, and I believe a well-maintained commercial property at this location would be a positive addition. For some time, the property had a condemned house and overgrown lawn. Now the house has been removed and the property has been cleared. I would much rather see the property put back into productive use and developed in a way that adds value to the area. As both a nearby property owner and a lakeside parent, I support the proposed commercial use and believe it would be a positive addition. I'm hoping to be in attendance tonight so I can express my support and gratitude to the property owner across the street. Then we have a letter from Christian DeShong. Good morning, my name is Christian DeShong. My husband and I live off Lakeside Road. We have three children that attend Lakeside Schools. I am writing to support the addition of a coffee shop on Malvern Avenue next to the Dollar General. I am a coffee lover and currently there are no options for good coffee within five minutes or so of my house. One of my favorite shops in town is Red Light Roastery, but it is 15 or 20 minutes from my house and the opposite direction from where I work. I would love to have a good locally owned coffee shop near my home. We have a letter from Justin Gordy. He says, I am writing to express my strong support for the proposed addition of a coffee shop and gymnastics center in the Lakeside community off Malvern Avenue. As our community continues to grow, it is important that we invest in amenities, that serve families and strengthen our local economy. A gymnastic center would provide children with opportunities to stay active, develop confidence, and participate in healthy recreational activities close to home. It would also create a gathering place where families can connect and build lasting relationships within the community. A locally accessible coffee shop would offer residents a welcoming place to meet with friends, neighbors, and local business owners. It would encourage people to spend more time in the area, support additional nearby businesses, and contribute to a stronger local community by creating jobs and attracting visitors. Together, these additions would enhance the quality of life in Lakeside, providing valuable services that many families currently have to travel elsewhere to enjoy and notes that this would be an investment in the long-term health vitality and economic success of the neighborhood. We have a letter from Kim Williams. I am writing to express my strong support for the proposed rezoning and mixed-use commercial development. I believe this family oriented development would provide a much needed shot in the arm for this location and would be a positive enhancement to the surrounding neighborhood. The development would serve the nearby neighborhoods while also providing valuable after school and summer activities for children and families. This project holds a special place in my heart because my great niece would greatly benefit from the gymnastics facility planned as part of the development. It would provide an excellent opportunity for children and families to participate in healthy, active, and engaging activities close to home and could be a use that would generate much of its activity during off-peak traffic times. Although I do not live in Hot Springs, I am familiar with this location and the surrounding area. From my perspective, this development would complement the health and wellness oriented businesses that have already established themselves nearby and would bring additional energy and opportunity to the area. We have a note from Tiffany Story. who says, I would like to show my support of rezoning 2748 Malvern Avenue to commercial property for the purpose of a coffee shop. We have a letter from Victoria Marks. I'm writing to express my support for the proposed coffee shop near the Lakeside School District and the request for commercial zoning approval for the property. As someone who is actively involved in Lakeside community, I believe a locally owned coffee shop would be a wonderful addition to the area. It would provide a convenient and welcoming place for parents, teachers, staff, students, and other members of our community to gather and connect. I'm always excited to see local businesses invest in our community and i believe the project would be a positive addition to the lakeside area i respectfully ask that you consider supporting the zoning request and allowing this business the opportunity to move forward i believe that's it and that is all all right

Applicant, if you would please come forward, give your name and address for the record. And please let us know if there is anything you would like to add. You have five minutes.

My name is Josh Raleigh. My address is 185 Lemar Place here in Hot Springs. Good evening, commissioners. My name is Josh. I am here regarding the rezone for 2748 Malvern from RN1 to Commercial Neighborhood. Since our July meeting, I've listened very carefully to the concerns that were raised, especially around traffic and public safety. And over the last 30 days, I've worked to gather additional objective information regarding accident history, crash data, and to consider the information alongside the traffic study that was presented. I think the number one focus or the number one question I'd like to ask is, is this parcel right for commercial zoning? The first question would be around highest and best use for the long term for this property. This property sits directly on Malvern Avenue, formerly had a vacant and condemned house on it that has since been removed. The acreage has been cleared, and this is along a major roadway that services this side of Hot Springs. When I look at the long term use of this property, I believe that neighborhood commercial represents a more appropriate use than returning to the residential development. The second thing I'd like to point out is the established mixed use along Malvern Avenue itself. As we looked at last month and as I provided in my narrative, this time for further documentation, this property sits along an established residential and commercial use corridor. There is existing commercial zoning within the allotted mileage noted in the report, the staff report. Importantly, this property does not front an interior neighborhood street. It fronts Malvern Avenue, a four-lane state-managed highway. I'm not asking the Commission to introduce a commercial activity into the middle of a residential neighborhood. I'm asking you to consider commercial zoning to a property located directly in the middle of an established mixed-use corridor. In regards to housing I'd like to ask is is this the right parcel? I understand the city's need for additional housing and I don't dispute that need The question I believe that is best asked is this particular parcel appropriate place to meet that need given its frontage on Malvern Avenue and surrounding mixed uses and the commercial zoning that already exists, I believe this parcel is best suited for limited commercial use. My fourth thing I'd like to speak on is health, safety, and the welfare of our citizens and our broader community. The most significant concern I heard in July involved traffic and public safety. I took those concerns very seriously because the health and safety and welfare of our citizens absolutely should take priority and be a part of this conversation. Since that meeting, I have obtained and provided the Haas Springs Police Department accident report and reviewed additional crash data available through SPAW City Street Smart Interactive Crash Map. This was a resource recommended by the city. I considered the information alongside the independent traffic study previously provided. The available accident information shows that the reported accidents along this portion of Malvern Avenue have declined year over year since 2024. And consistent with that overall safety picture, the previously provided independent traffic study concluded that the proposed development would have minimal impact on surrounding intersections. I do recognize that traffic exists on Malvern and that residents have legitimate concerns. But I believe that the objective information that you now have in front of you paints a much clearer picture of whether this proposed zoning would negatively affect health, safety, and the welfare of our citizens and the broader community. Commissioners, I thank you for your time over the last month that you provided for me to bring this additional information. I'm not asking for you to create a new corridor. I'm asking you to recognize that one already exists and determine whether this is right for neighborhood commercial zoning. This property fronts a four lane state managed highway and is directly adjacent to CN zoning. It sits within an established mixed use corridor of residential and commercial uses. And now we have true additional objective information addressing traffic and safety concerns that were raised at our last meeting. When I consider the highest and best use, its compatibility with the surrounding corridor, and the health, safety, and well-being of our citizens and the broader community, I respectfully believe that CN remains the appropriate zoning for this property. And I respectfully ask for your recommendation for approval. Thank you.

When I call your name, please come forward, state your name and address, and present your comments to the commission. We have people signed up to speak. You will have three minutes. The first one is Brian French.

Good evening, y'all. First of all, let me apologize in advance. It has been a long week, and I feel like I'm operating in concrete. Bear with me. First of all, I want to acknowledge that the coffee shop is a no-brainer and acknowledge the fact that many of the letters that you read were in support of that. I can also say that I'm sure that the Lakeside School community would be thrilled to have easy access to coffee early in the morning and some late at night as they're leaving various events. But the more important part of this one, for me anyway, is the gymnastics center. You know what's happening to our kids today. They're addicted to electronics. And any time that we can use space in our community to further advance skills of our kids, we need to take advantage of it. I've been with the Lakeside Youth Football Association for 13 years, and I can tell you that it is a thrill to watch these kids advance and develop. Josh is going to give an opportunity for kids to advance and develop in gymnastics. It wouldn't matter to me if it was gymnastics, inside football, basketball, whatever. Let's give these kids an opportunity to go someplace, develop skills, and maybe, just maybe, develop a passion that they can live with for the rest of their lives.

That's really all I had to say. Thank you.

Mr. French, you missed your address. Oh, I'm sorry. Did I?

Just for the record. Sure. I'm sorry. I apologize, folks. Again, I'm exhausted. 249 Quail Ridge Drive in Hot Springs. Thank you. Thank you.

When I call your name, please come forward and state your name and address for the record. McKenna Wallace.

Hello, I'm McKenna Wallace.

I live at 126 Rockdale Court, Hot Springs, Arkansas, 71901.

I need to take these off.

Bear with me. I'm a little nervous. Good evening, and thank you for the opportunity to speak tonight. My name is McKenna Wallace, and I am here as a parent in support of rezoning this property for a gymnastics facility. To some, this may seem like a zoning decision. To families like mine, it's about creating opportunities for our children to grow, learn, and succeed. My daughter is a competitive gymnast, and throughout her entire gymnastics career, there's one thing she's always done. Every time she's out on the floor in the gym, she'll take just a second to look back and make sure I'm watching. That little glance may seem small, but to me it means everything. It's not just about flips or medals. It's about trust, confidence, perseverance, and knowing that there's a community supporting these children every step of the way. A dedicated gymnastics facility would provide a safe, stable place where kids can develop those qualities. It gives them discipline, teaches them to work hard, and offers a positive environment that supports their growth physically and emotionally. I understand that there are people who may feel strongly about keeping this property zoned residential, and I respect that. But I also know how much this facility would mean to my daughter, to so many other children in our community, and to generations of families who will benefit from having a safe place to learn, grow, and build confidence. I hope you'll consider not only the zoning change before you, but the lasting impact this decision could have on the lives of our children and on the future of our community. This isn't simply about changing a zoning designation. It's about investing in young people, supporting local families, and creating something that will positively impact our community for years to come. I really appreciate your time, your service, and your thoughtful consideration tonight. Thank you all.

Thank you.

When I call your name, please come forward, state your name and address, and present your comments to the commission. You have three minutes. Matt Scully.

Good evening. My name is Matt Scully. I reside at 200 Cortez Street here in Hot Springs, 71913. First off, just wanted to say thank you for what you do to make sure that our community grows in a healthy and safe way and way that you're taking everything in consideration. I am a fourth generation resident of Hot Springs. My children are being raised as fifth generation. This community means the world to me. I love this city and I want to see it grow in a healthy way as well. I pastor a church of 500 people here in Trinity Church and so I want to see this happen for our kids, for our families in a good way. Considering the area that we're talking about, Lakeside School, I have five total children, three of which are still school age, and they all are at Lakeside. My wife is the nurse at Lakeside Junior High, and seeing the school in this area, The things that are growing around it, you consider that the bypass is right there. And the question I would have that I don't have the answer to is when was this property originally zoned as residential? Because the community has gone through tremendous changes in that time where we currently now have by the bypass a gas station, a McDonald's, a Taco Bell, a Dollar General. All of this is growing and growing rapidly. And in our community, a study that I saw The only school in our whole county that has grown in the last year is Lakeside School. This is a growing community with growing needs and so we need to allow services near to the school for the students and those families to be able to access those And I know this has been residential in the past, but the current need shows a need to be able to give services to these families, such as gymnastics, such as coffee, and maybe other some shops that would be there along the way. So I would ask for you, and I'm going to get my support behind allowing this to be rezoned so that we can have these services for our kids. Thank you so much. Thank you.

When I call your name, please come forward, state your name and address, and present your comments to the commission. You have three minutes. Chase Hyatt.

Good evening. My name is Chase. I live at 124 Lita Lane here in Hot Springs. And I'm just going to make this little short and sweet to the point because everybody that came up here before me has pretty much covered all my points here. As far as the decrease in the accidents and having the children get away from the smartphones and the tablets and everything, and being able to have some extracurricular activities outside of school, and along with having another small business in Hot Springs to get away from having the big name brand stores, the Starbucks, the 2-7 brews we have in town, and it gives somebody an opportunity to have another small business here in Hot Springs. Thank you.

Thank you. When I call your name, please come forward, state your name and address, present your comments to the commission. You have three minutes. McKenna Richardson.

Hi, my name is McKenna Richardson. I live at 124 Letter Lane. I agree with all of the supportive points that people have made. But I also would like to add that there is a small business nutrition shop that is right down the road. So that would go along hand in hand with the gymnastics facility there. I feel like this is a great location for a coffee shop as well. Thank you all for everything. Thank you.

Thank you. When I call your name, please come forward, state your name and address, present your comments to the commission. You have three minutes. Bruce Willis.

Good evening. Good evening. Bruce Willis, 2734 Malvern Avenue. Really don't have anything else to say but what you already read in the letter that I sent earlier. Thank you for taking the time.

Thank you. Again, when I call your name, please come forward, state your name and address, present your comments to the commission. You have three minutes. John Rowley.

How are y'all today?

John Raleigh, the handsome brother. I live at 130 Restful Circle here in Hot Springs. I'm going to read this so I don't ramble on. Good evening. My name is John Raleigh. I'm a realtor here in Hot Springs, born and raised. Josh's brother. Full disclosure, I'll be the one running the coffee shop if this is approved. One quick correction I would like to make since it showed up in a few of the letters submitted to this body. This isn't a McGraw company that bought the property. I often wear McGraw because that is my company that I work for. But this is Josh and Marissa's property. This is not some big company. This is just two guys from Hot Springs trying to make some things happen here in this community. I want to speak to where we stand tonight. Last meeting, there were real questions raised about the traffic and safety on this stretch of Malvern. Those concerns deserve to be answered. And that additional information, which Josh provided to us this evening, I feel like alleviated some of that concern. I believe the focus can now return to the fundamental land use question, whether this property is appropriate for neighborhood commercial zoning. On the traffic study itself, the independent traffic engineer who conducted the It was recommended by the city and the study concluded the proposed use would generate minimal traffic impact. That's not just a developer's opinion. That's a city recommended independent professionals findings. I want to be clear about what's actually being asked tonight. This isn't general commercial zoning. It's a neighborhood zoning. commercial, which by the code's own language is limited to convenience and personal use meant to serve people who already live nearby. A coffee shop and a youth gymnastics facility are both as close to textbook definition of that use as it gets. This property itself, it fronts a four-lane highway less than a mile from the largest school, one of the largest schools in the county. It's not a typical residential setting to begin with. Not many neighborhoods in Hot Springs have a four-lane highway running through the middle of them. One more thing worth noting. Last meeting, every person who spoke, spoke in opposition. Tonight, that's not the case. You're hearing support you didn't hear last time, including all the emails that you received and some additional ones in opposition. You heard both. But whatever the committee believes reflects the will of the community, I'd ask that it be weighed with tonight's full Full record in mind, not just the last time. The concerns raised have been taken seriously and additional information is now before you. I believe the record gives you what you need to answer the central question, is this property appropriate for neighborhood commercial zoning? We respectfully believe it is and we ask for your recommendation for approval. Thank you for your time.

Thank you.

The public portion of the meeting is now closed.

Commissioners, do you have any questions?

I do not.

Bill?

I had some comments before we vote, but I want to make sure the discussion is, we have plenty of time for the discussion. If anybody has any other points to make.

I think you can go ahead with your comments.

I'm the one who moved that we postpone this. I believe that that postponement and the additional input we've had is worthwhile. I did ask and expect to get some additional information from the city in terms of the traffic issue relative to areas to evaluate remedies and corrective actions somewhat in the context of what we know and we've seen about and was mentioned today about Malvern and Bellier where the city is doing some remedial action for dangers intersection so again I just make a second request to the staff was is there any additional information the staff would like to present at this time now and it should be noted that it is the applicant's responsibility to make the case there

is information that the engineering department guided the applicant to. And that was the crash data on the city's safety

dashboard and I believe that he has presented that information in an effective manner that's different from what we've seen in terms of the mountain of Bel Air Avenue for his responsibilities it's flipped up to the residents thank you also It seems that there is some merit in terms of. Malvern Avenue in the long term has been moving and is likely to continue to move more commercial I'm somewhat conflicted whether now is the appropriate time. The again traffic is an issue I think we always have to respect that in terms of safety but if that goes back to the back to the residents to follow up on that which sounds like it needs to be addressed somewhere along the line if those have merit We have mixed multiple standards some are met some are not I've tried to prioritize the standard. I think it always comes back again to what the city attorney Told us before this meeting Primary issues that we should prioritize owner the community health safety and the welfare So I'll leave each of you to Vote your own conscience. Thank you chairman

I would have just some comments. To me, this is not a vote on a coffee shop. This is a permanent vote to change this from residential to commercial. And that'll last a long time. There's no one that loves development more than me. I've developed so many things and I'd love to see you guys find a compatible way within how it's zoned now. We've really seen some creative residential projects come across here in the last year where i've seen the staff and the commission if there was bending in any way it's always towards providing more housing because that's a need you know for me this is this is changing it permanently to commercial and If you said it's going to be a seven brew, you'd probably have 100 people in here tonight. And I don't know that it's a popularity thing that would cause me to make a permanent change to this property. Any other questions from the commissioners?

No questions.

okay. Mister Stoddard could we have a roll call on a motion to approve.

And I'm mad at you yesterday because sometimes on these issues we are proving that the motion is to approve the staff recommendation as presented which would retain it as a residential property yes thank you and should you

want to see it change from residential to commercial, the vote would be no with staff report and findings and recommendation. If you vote yes, an alternate finding should be mentioned. And what we have listed The standards that are to be considered in changing a zone, they are in the staff report if you need them. That's one of the reasons we put them there. So a vote to change is a, is a, shoot, a vote not to change it requires a finding, a vote to change it. Wait a minute. If you vote no, it's with the staff report finding and recommendation. If it is a yes, then you need to make a finding. So you want to change it? It's a yes. You want to keep it? It's a no.

That sounds like a contradiction to what you said before. Let me state it one more time again. I think you said it twice and it sounded a little different to me. So we have a motion on the table to approve the staff findings and recommendations. No.

It is a motion to approve the application.

Okay.

If you vote no, then it's with the staff finding a recommendation.

Okay.

Okay. Thank you. That makes sense. You ready?

Yes.

Sure.

I direct someone I just want to clarify something for me yes to not recommend approving the application as it fails to demonstrate that the standards for favorable consideration have been met if I was for this I would have to come up with that consideration tonight to if I supported this I would have to come up with the recommendation tonight

to combat staffs yes you okay yes and so you would vote yes with a with a separate funding yes you'd be saying yes I want to prove the request to rezone and then you could state what your alternate finding with right we're ready to call the right believe so Mister starter would you please call the roll on the motion to approve Stafford no Walker? No. Bell? No. Lamon? No. Campbell?

No.

Yerke? No. And Stone?

No.

Okay, the motion to approve fails, and unless appealed within 30 days, will not proceed to the Board of Directors. If the applicant wishes to appeal, please contact Mr. Stauder, and he will walk you through that and help you with that.

The next matter of business is new business. Director Selman, would you please introduce the next item?

Thank you. The next item is preliminary subdivision 26174. This is at approximately 1020 Birchwood Bay Road. This is a preliminary plat and development plan application for 106 watt single family residential subdivision known as Cali Ridge subdivision.

Is that all for me?

Next, we need a motion to approve. This merely gets the matter on the floor for discussion. A motion and a second do not mean you are necessarily in favor of the application. May I get a motion and a second to approve the item with staff report findings and recommendations?

So moved. Second.

Director Selman, please present the staff report.

Thank you. The applicant, Mr. Jonathan Hope with Hope Consulting, representing property owner Havens Development LLC, seeks preliminary plat and development plan re-approval to complete the 106 lot single family residential subdivision known as Cali Ridge. The original plat having inadvertently expired. This property is zoned RN2, residential neighborhood two district. Has a future land use plan map designation of residential medium high and is located in board of directors district number four. No substantive changes to the original approved Cali Ridge plot are proposed. The RN2 residential neighborhood two zone is a single family zone this application is for preliminary plant and development plan re-approval work on this project began shortly after receiving approval in 2024 and has continued to present date with limited interruptions extensive dirt work and subdivision infrastructure has been performed and or completed to date and the developer fully intends to complete the project. According to project engineer Mr. Jonathan Hope, unanticipated project delays revolved around contractor issues and encountering harder than expected rock during project excavation and utility line placement. Hot Springs Code section 16446 lists all subdivision requirements for a preliminary plat and associated development plans. The preliminary plat and development plans, along with recommended conditions of approval, excuse me, Are complete for this project Conditions of approval provide assurance that if construction is accomplished in accordance with all Excuse me applicable technical codes and specifications and if all criteria of that approval are met the developer may apply for final plaid and expect approval without delay and The findings are that no substantive changes exist between the originally approved preliminary plat and development plans and the current submittal plans and conditions of approval related to PS 23 173 remain unchanged with the exception of addressing stormwater runoff crossing lot number 26 The original preliminary plan and development plan application for Cali Ridge subdivision approved on January 11, 2024 was inadvertently allowed to expire, necessitating the need for re-approval. Extensive excavation work and subdivision infrastructure has been performed and or completed to date. The developer fully intends to complete the project. The resubmitted preliminary plat and associated development plans are complete according to Hot Springs Code section 16446. Expiration of preliminary plat and development plan approvals are not uncommon. The recommendation is to re-approve preliminary flat and development plan PS26174 for the Cali Ridge subdivision as submitted with the following conditions because the submittal demonstrates compliance with hot springs code 16446 and the objectives of the zoning code are accomplished. There are eight conditions. Number one, all construction and construction activities are to be accomplished in strict accordance with the approved preliminary plat and development plans. These conditions of approval and all applicable technical codes and specifications, including the Arkansas Fire Prevention Code, whether or not submitted for staff review or planning commission approval. Number two, a final subdivision bill of assurance shall be provided to and approved by the planning department prior to execution of the subdivision final plat. A copy of the recorded bill of assurance shall be returned to the planning department after recordation. Three, full and continuous compliance with all applicable stormwater permitting and water quality regulations. Four, the planning director shall be authorized to sign the preliminary plat listing these conditions of approval and the development plan. Five, no permits will be issued and the sale of lots shall not occur until a final plat meeting the requirements of Hot Springs Code section 16444 has been approved by the planning director and filed for record with Garland County Circuit Clerk and an original copy of the file plat returned to the planning department office. Approval of this preliminary plat and development plan is valid until August 13 of 2028. That is two years. Prior to this date, the developer may request in writing an extension of up to one year. Number seven, Birchwood Bay Road street improvements shall be completed in accordance with the proposed infrastructure improvement section of the traffic analysis, which shall be completed prior to submission for final plat approval. These street improvements include, but are not limited to, the installation of an additional turning lane along this property's frontage with Birchwood Bay Road. Number eight, all utilities within this development must be underground, including electric service, and that completes the staff report.

Applicant, would you please come forward and give your name and address for the record? Please let us know if there's anything you would like to add. You have five minutes.

Jonathan Hope with Hope Consulting, 129 North Main in Benton, Arkansas. First of all, I just want to apologize for, it sounds like you all need residential lots. So the delay in delivering those lots, I apologize for that. We are... much later in our schedule than expected. We had two out-of-town contractors that worked on this site and struggled with the rock on this site. Since that time, we had a pre-construction meeting earlier this year with the local contractor, Coakley. They've been doing fabulous. They were past the difficult part, the ponds in place, the sewers all in. With continued good weather, we're probably going to finish in about three months. So this project still includes everything that was proposed previously. All the traffic study was analyzed by, I think Gary Carnahan did that. Stormwater was all reviewed. We're above your stormwater ordinances. We're meeting all zoning codes. We're not asking for any variances. We're adding a turn lane, which will help tremendously. I'm happy to answer any questions, but just apologize that it's taken this long, but we can certainly see the light at the end of the tunnel. Hopefully in a few months, three or four months, this will be, first phase will be done. The turning lane will be, the additional lane will be added we'll be filing a final plan thank you you have any questions for me thank we have anyone signed up to speak

When I call your name, please come forward, state your name and address, and present your comments to the commission. You have three minutes. Brenda Miller.

Brenda Miller, 1121 Birchwood Bay Road. I have some concerns about these two developments that I would like to share. Cali Ridge has 106 lots, and Vivian Ridge has 119. I have six points, and then I'm going to really dwell on one. The traffic study, Birchwood Bay drainage, Birchwood Bay Cove, is toxic algae right now due to runoff from east of this of Birchwood Bay Road and also there is a cola in the Cove right now as well and the bridge safety and then the development impact to hackberry and Foxwood treatment plants.

I live

right beside the bridge. I have a tremendous amount of drainage that comes through that cove right now. And it goes down the cove and impacts several other residents. Sometimes the water that comes in underneath that bridge is higher than my head. And it comes in as a waterfall.

This log was spearheaded from the development

from the raw land right now above Birchwood Bay, the Carter Dairy property, where Vivian Ridge is going to be built. My concern is the drainage that comes from all the way up to the hospital that's noted in the plat on Vivian Ridge. And it shows that there's going to be, I think, four detention ponds. This impacts the Lake Hamilton Cove where we live, and also Cali Ridge with the 106 lots, that drainage into the Hackberry Treatment Plant, which goes into Lake Hamilton. So these two developments directly impact the safety and the welfare of all the residents and the new ones. It's good to review drainage before the development is completed. It's hard and it's very costly to look at drainage after the fact with homes that are flooded. I have seen that in the town where I moved from, from Bryant. So it's just really a concern. to have this natural creek that runs through this development to come into the cove that's going to carry 119 more housetops and streets and going to increase the drainage. And that's my concern. Thank you for your service and your time to planning hot springs. I appreciate it.

Thank you.

We have a few more.

Angela Sane, forgive me if I pronounced that wrong. If you would come up and state your name and address, address your comments to the commission. You have three minutes.

All right. I'm Angela Sane. I've got several different ones here. I said pictures speak louder than words.

This is impressive.

State your address please. Oh, I'm sorry.

Angela Sane, 133 Birchwood Bay Cove. We're directly across the street from the other development they're trying to get next month, Vivian Ridge. About two and a half years ago, we came and voiced our concerns about Cali Ridge, and it was approved by one vote, being the mayor broke the tie. So you can tell there's as much, there's many of the council members that were for it as were against it. The concerns are still very real and probably even worse. The sewer from Cali Ridge is proposed to go to Hackberry. From Hackberry it goes several places, pipes, and then comes to Foxwood, which they know has problems. And then from Foxwood it goes to other places to eventually the treatment plant. This poster, and this isn't a new thing. I've got pictures back as far as 2017. I'm usually the alarm. I can see it right from my kitchen window. I call the wastewater people when we see it overflowing. You can see it between when the lake's down, November to March. Who knows what's flowing in the lake? Could be every day. We don't know because the pipe's hidden.

But this pipe that's in the seawall, the pump station's right here.

On December 27th, I just happened to look out my kitchen window and I thought, oh my gosh, there the sewer pumps overflowing again. And I thought, well, you know, I've been calling for years. This time I'm not going to call. I'm just going to wait and see how long it takes someone to to do something about this. There was no alarm. There was no red light. The generator didn't start working and this is not. It had not rained. There was no power failure in the area. It's strictly from the pump station. Here's the picture.

24 hours later, the next morning, I took another picture, still flowing.

Then I called the wastewater and told them. And they got over there in about 15 or 20 minutes with knee boots and everything else, pump trucks and all that, trying to fix it. But sewer had ran into the lake for 24 hours straight, unchecked, not a soul. So this bothers me. Of course, all the toxic algae that's been on the news. A few days before, I collected a water sample and took to the state health department because the water is so nasty, and it tested positive for E. coli. A few days after that is when it came out on the news about Starlight Bay. uh we had adq come out they tested ours it also had the algae the common thing with this algae starlight bay and birchwood all they're between the two pump stations hackberry and foxwood that we know there's problems with and they go into the lake when there's a malfunction so i don't know if that's what's made the algae bloom worse it's never five years ago we didn't have this It's really gotten worse every year, so I don't know what's causing it. But one of the things that I've read, there's a lot of things that causes that toxic algae bloom, but one of the things is the nutrients that can come from failed septic systems or poor sewage treatment. so it makes me wonder if this is why it's gotten worse and well then like i said this this last picture tells the tale it's not just algae around the edges of the lake and the seawall it completely filled scully bay this was just last thursday i took this picture Can't get in your boat. You can't swim in it. Gosh knows. And it's really sad that this has happened to the lake. And I guess I'm out of time.

Yes, thank you. We have to stick with it. I have to stop. Try to stick with the time. Thank you. OK. We have one more. When I call your name, please come up and state your name and address your comments to the commission. You have three minutes. Greg Heslip.

My name is Greg Heslop. My address is 133 Birchwood Bay Cove. I also live across the road. My profession, I developed Birchwood Cove subdivision. I've been developing for 30 plus years. multiple cities, Hot Springs being one of them. And I have questions about their, you know, how it got through to begin with up at Cali Ridge, some of their street design coming out, you know, right at the, you know, below the crest of that hill, which is a blind. The highway department would never allow it. How they got that past Shell City street people is beyond me. The drainage calculations, I don't have all this book learning they have, but if y'all drive through there and see all this huge piles of pipe they got there for all the tremendous amount of drainage they have. And then when you're going south on Birchwood Bay, you look to the right down Hackberry and where this detention pond's gonna be, the outflow, the pipes are, 15, 18-inch versus 36 and, you know, bigger pipe up on the hill. I hadn't went up there and measured that I just don't see any way that the downstream can handle the drainage. And, I mean, I've been doing this, developed many subdivisions, and I put in my own infrastructure. I know Mr. Coakley very well, and he put in my infrastructure. Before I start doing my own, I'd like to – probably visit with him and and these pump stations you know it's evident the city's not maintaining them there's no alarms there's no there's multiple overflows that go directly both of them go directly into the lake this is gonna you know just make it worse you know y'all talk about the health safety and welfare is what the previous deal is what the the city attorney said y'all need to to address as the you know planning commission and uh you know that blind street coming out there's already multiple wrecks from the ones coming out below that being uh starlight moonlight and hackberry coming out right below that blind hill there's you know and it's for some reason they've never cut it into the road into birchwood bay i guess they're going to wait to the end and then when i developed Birchwood Bay Cove. My question is, I guess Mr. Hope can answer. They're saying they're adding a turning lane, but they made me do curb and gutter and sidewalks and give them part of the road. Is that part of the street improvement? Sidewalks, curb and gutter, all on Birchwood Bay. And then we have a planning director that, from my research, doesn't even live in hot she's for this thing and doesn't live in hot springs and lives in a gated community and bought multiple lots around her but then they bringing in this huge development you know with with the infrastructure not in place to handle it so I'm just wondering how it got through the approval the first time till these sewer problems drainage problems and all this is addressed That's, y'all need to take that consideration. I think there ought to be a moratorium until somebody with the city addresses the problems at these pump stations that run when they overflow directly into the lake. And we had, you know, the health, safety, and welfare, people can't, I mean, it's went since they announced the algae bloom and And we got the E. coli test. There's been no activity in that huge scully bay in front of our house because everybody's scared of the algae and the sewer E. coli in the water. And ADEQ is announcing it, you know, that there is E. coli. And it's all coming from the city sewer system. I think y'all should take that into consideration. There ought to be a moratorium on this and stop construction until these are addressed.

Thank you. The public portion of the meeting is now closed. Commissioners, do you have any questions?

I actually do have some questions. I perhaps I'm not as familiar with the previous application But did these issues come up whenever this came through before?

the issues were all identified and through the referral to the departments that are responsible for enforcing city requirements and their finding was and those things have been included in in the packet that the plan that is submitted as a part of this preliminary plaid address the requirements of the code Now as to a situation with what is alleged to be going on now, that is not a part of what you are considering.

Could I address some of the concerns? Would this be a good time or no?

If commissioners have any more questions.

I would like to hear that again. I think they have raised some issues. Yes, sir. We appreciate your addressing.

OK. So one of the things I heard first from Ms. Miller was stormwater concerns. So your code requires us to detain the water, to slow the water so we cannot release it any quicker than pre-development when it was natural trees, grass. So the way your code works is we have to hold that water and release it at an equal or slower pace than pre-development. We have done that. Our pond is oversized. It is bigger than your requirements. There are big pipes and smaller pipes on site. The pond holds it and has a smaller pipe. Bigger pipes feed it. The pond holds it and it releases slowly, meters the water out. During construction, it's not good. You know, we do our best to contain it, but when it's complete, it's stabilized, it works much better than it does during construction, if that makes sense. With respect to the sewer concerns, the City of Hot Springs, I would say, does a great job. They actually hire a third, or we have to, as a developer, pay a third party that you all choose, RJN, which is a very large utility engineering company that specializes in this. If you go to their website, I think they've been in business for like 50 years. They've reviewed, I think, something like 300 million feet of sewer and water utilities. they are very very good at analyzing sewer capacities that happened so it was not only the city engineers that reviewed the utility it was a third-party engineer that the city has identified to review the sewer and water system I think that was I think that was it is you all have any other questions for me

I have some questions. Yes, sir. On traffic, again, we appreciate the traffic study that you provided, which is additional information to what was looked at two years ago. And give me just a second to.

And I forgot, there was a question about if the sidewalk and the right of way was going to be added and the additional turn lane, just like previous developments he was aware of. That is happening, absolutely. OK. And the curb and gutter, all of that will be part of this.

All right. read through the documentation and I may have missed something but it would be extremely helpful in this situation if you had just been a single drawing that showed the show that traffic lanes the markings and and where they meet in particular if you don't have that today knowing that you've got another project coming up I would strongly And I would really ask you to provide something like that. Again, and some of it may be my deficiency.

Yes Sir, I mean on our construction drawings were showing that whole additional Lane with curb and gutter and sidewalk. I know there's probably 50 pages there, but on those construction drawings. So what you're going to see is we've got the existing road Birchwood there. Now we're going to have one additional more Lane. Curb gutter and then behind that will have a sidewalk.

okay again maybe a little a little simpler detail oh yes sir yes I understand stand drawings right I had some personal issues out of town with only had it last day and a half to review this information yes sir but so to encourage you to maybe some simpler detail the The other question I have on the traffic changes, is the timing of when those will be installed as houses sell?

So all of this infrastructure proposed in Cali Ridge will be done before we sell any lots.

Okay.

So before the final plot is approved, all of the work will be completed. So if I estimated earlier the next three months or so, we would be finished with this phase one project. At that time, the lane would have already been built, asphalt, concrete curb, sidewalk. So my estimation, that infrastructure will be in place the next three, four months.

In the next three, four months.

Yes, sir. Does that require you moving the telephone poles back?

No, sir.

I think we're actually getting, I think we're pretty close to those, but.

we're making you be moving some of the poll sorry to him and he did a little assistance that over there would you be a minimal to making that a condition among the conditions that the street improvements along the property front is be completed prior to selling a lot of that is condition yes or seven okay conditions seven I don't have that

yet after complete everything before you can sell anything I I would be happy to read read read it to me because I I read the conditions yeah I'm sure it was that specific Birchwood Bay Road Street improvement shall be completed in accordance with the proposed infrastructure improvements section of the traffic analysis this will have to be completed prior to submission for final plat approval

Those that's required before a lot sales. Yes. No, it's it's required To get to the final plat And how does that relate to when lots are so you can see well sooner when there is a buyer it's sooner Then that's done before the blocks are so you could say One of clarification on that. Yeah. Thank you The Do you know in your traffic analysis if references. That virtual day is an arterial street is what the video. That's classified as far as. What kind of traffic load that can handle and what would be the maximum traffic load

So that is, I believe, your largest classification in the city. So that's connecting large amounts of traffic. So that's why in your master street plan, it requires this significant upgrade. I think the traffic study showed that If we did not add that lane, that would have pretty bad negative effects. I think that the, for example, coming down Lake Shore, turning left on Birchwood, given both developments, if they were approved, I think the delay there from what it is now is going to be like five seconds. With the lane improvements on both, if both projects were approved, I think it's like 0.6. And so the additional lane, this is just one instance, but that's kind of a short summary of the balancing of the additional infrastructure helping with the additional traffic.

OK. So in terms of the traffic study talks about dispersing of the traffic one direction or the other, is that primarily based on destination orientation or ingress, egress, access? Does that make sense to you?

Yes, I think we split the routes or the trips based on the traffic patterns. We saw how many going north, how many going south. I think, I don't remember what that percentage was, but it was definitely taken into consideration.

Okay, so your 60-40 was based on some more detailed traffic analysis on the directions of current traffic? Right, right. Okay, thank you. you just earlier mentioned the concrete curving and I've seen recall something about a small curving

I'm sorry so the additional width of the Birchwood Bay would be utilized with asphalt like a compacted subgrade gravel and then asphalt and then your required street section ends that with a concrete curb. Then I think we have a green space and then a 5 foot sidewalk. Yes, sir.

So last question is from your numbers and they aren't presented in terms of total for the two subdivisions but the if you put those together and let me just round some simplified numbers that are yes are precise but generally tell the tale yes sir you essentially talk about birchwood Bay having a history somewhere around the lower two thousand vehicles per day and the come again this is the for the combined to subdivisions that you prevented that that the additional traffic would be twenty two around twenty one hundred vehicles per day so you're basically going to four thousand. On Birchwood I think it came up with a total on Birchwood of around three thousand which is about a forty percent increase but the different ways you slice it on Lakeshore and on Birchwood you have a forty five to fifty percent increase in traffic so that can I mean that's I drive that several times a day right and that I still have an issue with that seems like a tremendous increase in traffic. But I believe you would answer that in your traffic study in terms of the the street capacity to handle that.

Yes Sir that the fact that it's arterial I mean it's heavily traffic road and that's what the you know when you all did your the City Council did their traffic analysis and long term. Studies they knew that if somebody developed this, this needed to be widened because of the long-term amount of traffic that's going to happen and is happening on this road.

okay the main issue and concern I have is with in the gentleman brought it up is you have a blind hill and you have a you have traffic entering doing right hand turns are no problem but left hand turns you're coming over by and he'll with which is just about that with as I can estimate from the streets just about the with the depth of one of your lots and I'm not a traffic engineer, but that's an extremely dangerous intersection for people and own and that's on the western most interest and I have a strong strong concern about that we have just denied another one in route in part because of some traffic safety concerns and I need to tell you I have some strong reservations about this project going forward with with that okay yeah I mean that the site distance and all of that have been have been checked I mean you know the again the city engineers and everybody is has reviewed it

I mean we we've done the work that required follow the compliance of the codes and your requirements and your staff agree. I don't know what else to add other than we've checked those site distances with cross reference in the speed limits and I mean we've confirmed everything staff agree with this. I don't know if I don't know if I can convince you're not I'm sorry.

Well you're suggesting that you time the left hand turn out of that subdivision on the verge with Bay which I would guess is in the whatever the death be of those lots western most lots. I think they might have been like one maybe 120 120 so within a 120 feet someone can execute a left hand turn across 2 lanes into the 3rd line of traffic.

How about this?

How about we put a— Well, somebody driving 30 to 45 miles an hour over that hill, that— I'm fine with doing a no left turn there. I think that would be an important issue.

I think that we're fine with that. We have two entrances there. We could do a no left turn there.

Okay. Do you formalize that, or is there a way to formalize that?

Yes you may add a condition that would be condition number nine.

I move we add a condition that requiring a no left hand turn from the westernmost street on to Birchwood Bay.

Your your project you're good with that no left hand turn you feel like you.

On that one access point up on lot one is that what you're worried about on the northernmost Yes, sir. I thought so.

That's no problem. That's no problem.

I mean, it is close. I mean, it's considered safe, but I understand your concern and concern for the citizens, so that's not an issue.

And again, not to drive it to death, but...

looks good on paper mathematics sounds good right but you drive it every day yes sir no I I'm going to take your advice yeah okay thank you very much yes second your motion do we need to yes yes okay we need to vote to approve that motion

yes you have a motion we have a motion to approve a condition that would be number nine for a no left turn at the westernmost streets entrance to birchwood bay and i believe that is cali ridge loop i can't move it from here yes okay Do we need to approve that motion first and can we approve this with that contingency you would need to you can do the boat on the amendment to the conditions right now okay.

In a motion and a second to I think you have a motion and a second and a second you can vote on that motion so it's a level roll call on that please Mister star.

Okay roll call on the motion to add condition number nine as stated Walker approved. Approved. Thao? Approved. Lamon? Approved. Campbell?

Approved.

Gerke? Approved. Stafford? Approved. Stone? Approved.

Can I ask you a question? Yes, sir. Yes, sir. Are you currently collecting water today and releasing that water?

Yes, sir. Yes, sir. I mean, it is functioning. It's not functioning as it's designed. It's probably 80% to 90%. Once everything is completed, it will be functioning better than it is today.

Kathy, I've got a real problem. with the city maintaining these pumps or with the problem we have that these ladies showed us, somebody's got to get that resolved or we've got a huge problem.

I would be happy to pass along your concern to both the utilities department and the city engineer, which I would do tomorrow.

and my concern I have grandchildren who swim up a little further down the code from that and I'm sorry I was I was commenting on stormwater not sewer so if I misunderstood you I'm sorry we just got an issue I think we if this thing is approved you're going to be adding to this situation we've got yes sir we've got to resolve this in my judgment yep

be happy to pass that along well thank you all very much for your consideration and hopefully in three months this will be all completed yes yes sir one postscript really relates to Vivian Ridge oh yes sir but again preparing for that before we knew it was pulled off of a note there were there to entrance access is on Birchwood Bay there's one on Lake Shore I can't look I can't locate from these again in a short period of time where that Lake Shore drive entry and exit point is okay and my guess is again you have another you have another yes sir blind curve on a hill at about 820 about 819 and 820 lakeshore drive you have a blind hill on a curve and so it would help us if you could clarify that I'll have our surveyors go stake it too so you guys can if you drive by you can see where that is okay and yes sir no problem

do you know if either one of those treatment plants that were brought up if

they've been looked at or if there's no plans there are plans I mean it it was the it was the comment of the departments in the referral that there is adequate capacity at those Hackberry and Fox I can't read my writing, I'm sorry. But yes, and the treatment plant where it ultimately lands, that existing capacity does allow for taking on this new.

If it's working properly, it can handle this.

Yes, absolutely. And also the review by the third party engineering firm, RJN.

Any more questions, commissioners? Mr. Staudter, if we could have a roll call, please, for the motion to approve.

And that would be with the conditions as amended.

With conditions as amended. Val?

Approve.

Lamon? Approve. Campbell? Approve. Yerke?

Approve.

Stafford. Approve. Walker. Approve. Stone.

Approve. The next matter of new business, Director Selman, would you please introduce the next item?

Thank you. OK. Something different. This is an application from the city to amend the zoning map from RN2, residential neighborhood 2, to CR, regional commercial, for lots 1, 2, and part of lot 3, Sour Rock Springs subdivision, to correct two zoning amendment errors.

We need a motion to approve. A motion to approve merely gets the matter on the floor for discussion. A motion and a second do not mean you're necessarily in favor of the application. May I get a motion and a second to approve the item with staff report findings and recommendations? So seconded. Director Selman, please present the staff report on the item.

Thank you. A 2002 application to rezone to commercial included a map which indicated the subject land with a highlighter that is now quite faded. The subsequent board of directors approved ordinance did not contain a map and it has what now appears to be a partial legal description of the area that was highlighted on that map in the application. No documentation exists to explain why the ordinance's legal description differs from the application's map. The area depicted on the application exceeds the area that the ordinance describes. Neither planning commissions nor board of directors minutes from those meetings reflect an amendment reducing the area being rezoned. And somewhat after that, in 2004, The Planning Commission at that time approved a conditional use application for self-storage use and structures on the entire parcel. That's the entire parcel shown on that rezone application. The conditional use was approved despite the fact that one of the subject lots was and still is zoned residential. The self-storage facility was and still is a prohibited use in residential zones. Meeting minutes from that meeting document that the then planning director incorrectly advised commission prior to their vote approving the conditional use that because an adjacent lot was zoned commercial and was in the same ownership that the residential zoning could be used as if it was zoned commercial. The zoning map should have been amended by ordinance after the fact to reflect that interpretation. It was not. The current use on lots one to three appears to be vehicle and boat storage. That storage is accessory to the approved 2004 conditional use for storage. The conditional use approval from 2004 would allow additional self-storage facilities and structure to be constructed there. However, we need to correct that map to show this as commercial. Otherwise we have a non-conforming use there that if damaged or destroyed could not be replaced. So the finding is that the hot springs code section 16 to 14.1 f1 approval standards for map amendments includes a subsection g that reads corrects an error in previous map amendment action map amendment errors affecting lots one two and part of three sour rock springs subdivision occurred in both 2002 and 2004. Correcting the map to zone the subject land CR regional commercial will remove a nonconformity and would allow both use and future development consistent with the 2004 approved conditional use staff report. A future land use plan map designation of linear commercial corridor would be consistent with surrounding lands that our zones see are. The finding is that the map should be adjusted accordingly. The relevant standard that we're looking at is subsection G, correcting an error in a previous map. The recommendation is to recommend that the board of directors approve an ordinance amending the zoning map for lots one, two, and part of three, Sour Rock Springs subdivision, from RN2, residential neighborhood two, to CR, regional commercial, and amending the future land use plan map to linear commercial corridor to correct those errors made in 2002 and 2004 because the requirements of Hot Springs code Section 16.2, 14.1G are met.

We don't have anyone signed up to speak, do we?

We do have the land owner, Mr. Winston, here.

If the applicant would please come forward and give your name and address for the record, and if there's anything else you would like to add.

He doesn't look like he wants to do that. OK. We're good.

Commissioners, do you have any comments, questions? Thank you for your patience. Nope.

All right. Mr. Staudter, please call the roll on the motion to approve. Lamon?

Approve. Campbell. Approve. Gerke. Approve. Stafford. Approve. Walker. Approve. Bell. Approve. Stone.

Approve.

Okay, that item does pass with the recommendation for approval. It will be heard on Tuesday evening at 6 o'clock next week right here. We'll see you then.

All right, I think we're on to the director's report. Director Selman, please present the director's report.

Yes, I'm going to talk really fast. We have our subdivision regulation update from the analysis done by Cameros. That's Arista, our... planning consultant, the findings that came out of their review of Title 16, Chapter 4 subdivisions. She's identified potential revisions after meeting with us and because subdivisions are so intimately tied to engineering and public works requirements. We have drafted three engineers on city staff to be a part of the work group that's doing this. The key drafting directions that have emerged during the review and discussion with Cameros are to correct the many parts of the subdivision code that were changed by Act 314 of 2025. That was House Bill 1510 that repealed the municipality's ability to exercise subdivision jurisdiction in unincorporated areas outside their corporate limits. All of that will be removed from the subdivision code. Let's see, to eliminate classifications of subdivision by land use with separate provisions, again, for unincorporated counties of the area. In our subdivision code, and I know most of you know this, we have specific subdivision requirements for residential subdivisions, for commercial subdivisions, for industrial subdivisions, and they're almost identical. So rather than continue to have multiple sections, those will be brought together in one section. There is a recommendation related to site plan review, which at this time is in article two, multiple building and large scale review and site plan approval of the subdivision regulations. This is actually something that belongs in the zoning code because site plan review is a zoning activity. So that will be moved to another part of the code and we'll also take a look at what the requirements are there to make sure that everything matches up with the new zoning code. Submittal requirements are going to be moved out of the regulations and instead will appear on the application forms. This sounds not important, it actually is important, At this time, any time that a requirement needs to be changed, no matter how minor that change is, say we wanted to change the size of paper that something was printed on, it is a code amendment that has to come both to Planning Commission and then be approved by the Board of Directors. So those types of things will appear instead in the application forms, and should changes need to be made, they can be made expeditiously. Application requirements. that frequently need to be updated to reflect changes in technology review practices and filing procedures are the types of things that that will cover. It won't be street requirements or anything like that. So we're talking about procedural kinds of things. and subdivision design and improvement standards, including streets, alleys, blocks, and sidewalks are under review as a part of the street classification project. We'll be requesting funding for a new master street plan and all of those things will need to be fed into the subdivision rules as well we are quite aware of the fact that those requirements may not fully support the city's goals for connectivity among other things. There is a statement in the code that in residential developments that cul-de-sacs are preferred, which means that in order to get in and out of a development with cul-de-sacs, you have to go all the way back out and instead of In many cases, we may have blocks where a house is behind another house, but to get there, you have to drive multiple blocks in a car, if you were driving. Obviously, if you're on foot, you can just go through a gate. We're looking not only at resident driving, but also the many deliveries that most houses Those are the types of things that we'll be looking at. They are more objective standards than the types of things that we looked at when we were doing the sign code and the zoning code. So we will be bringing these things to you as they are generated so that you can have your opportunity to comment and make changes as you see fit. So that's where we are with that.

Thank you.

With no further business, I would like to call for a motion and a second to adjourn the August 13, 2026 planning commission meeting. So moved.