Quorum Court - Special Meeting

I think I think we have some. Okay, everyone. Welcome to the special meeting of the Washington County Quorum Court for Thursday, January 8th, 2026. Judge Deakons uh is out sick uh and has asked me to open the meeting and uh under our rules, the first thing that we need to do is to uh vote on who will chair the meeting. Uh I'm happy to do it, but I'm also happy if anyone else wants to do it either. Uh and so we'll open with nominations.

Here we go. Okay. need to recognize uh warmed up JP this one. Oh, there we go. I nominate JP Stafford to chair this meeting. Any other we have JP Pond move to close the nominations.

Second. Okay, now we we need to vote on closing the nominations. Uh motion by JP Pawn, second by JP Lopez. All those in favor? I. Any opposed? Okay, it passes. Uh now we need to vote on uh nominating myself as chair. That was a motion by um JP Lions, second by JP Hire. They're pointing at you. Uh all those in favor?

Any opposed? Okay, motion passes. Oops. I'll be chairing this meeting. Uh so the next thing we will move on to is the second thing on our agenda, which is the prayer and pledge. And uh JP Ricker is going to do us the honors. Please bow your head. Lord, watch over the people of Washington County. Special grace to our emergency service personnel, our law enforcement, fire department, and ambulance people while they're performing their duties. Please help us in our deliberations. In Jesus name we pray. Amen.

Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Now we'll move on to the adoption of the agenda. Do we have any motions to adopt the agenda? Motion uh to adopt the agenda by JP Lions, second by I think JP Ricker. All those in favor? The agenda passes. Now we move on to preliminary motions. Do we have any preliminary motions? I make a motion. All uh resolutions and ordinances be read by title only. Second.

Motion to read all ordinances by resol uh ordinances and resolutions by title only by JP Dean. Second by JP Lions. All those in favor?

Motion passes. Citizen comments. Now we will have uh this is a 15minute citizen comment period with a threem minute time limit for each individual uh to comment on items of the agenda or any other items can folks can come forward. You can also line up as well if you feel you'd like to and thank you. My name is Kenneth Love. I live in Favville. I'm addressing you, Miss Stafford. Miss Real Stafford. So, uh, I'm not blaming you. I'm just addressing to you. So, I'm here to discuss some political rhetoric rhetoric that continually happens. Uh in the QC meeting Tuesday night at 1 hour 10 minutes and 30 seconds, Judge Patrick Deakons stated, "We need to fight like hell to make sure that everybody knows in Washington, Benton, and Adar counties, Adair counties, that everyone knows what's going on. It's going to affect all of us." Yet, Judge Deacon is on the board for Boston Mountain and made the motion that the Boston Mountain Waste District board meeting in the meeting to allow Boston Mountain to contract with Waste Management to continue accepting waste into Eco Vista. And if y'all stay with me a minute, I'll explain what's going on. Tuesday night in the meeting at 1 hour 21 minutes and 44 seconds, Lisa Eki states, "I want our government to stand up for our people here." Yet, she told me standing back here a couple months ago that I needed to talk to ADQ concerning the hazardous vapors and waste management Eco Vista because

couldn't nobody do anything for us. And uh you know, the judge gets up there and he talks about God and prayer. And I'm not one to judge, but fight like hell. What does that mean? Can it, you know, I got it here, but I'm not going to take the time to read it. That don't make good sense to me as a person of religion. It It's a It's a double It's a porky tongue. that the Oklahoma attorney general uh Gent Drummond won a decadesl long lawsuit against Tyson and other Northwest Arkansas poultry companies holding them liable for polluting Illinois's river wershed with chicken waste all this phosphorus didn't come from the chickens nobody has looked at waste management but if you start looking at it government in my ar in my the government in Arkansas in my opinion is wearing blinders ers so that the pollution and emissions that continue from waste management eco Vista landfill continues to get uh so that Arkansas continues to get the revenue and tonnage dumped from the tonnage dumped in the ground while local citizens suffer. We had a flow test through the kst that's under this entire area northwest Arkansas from Tiny Town in the Washington County. The entire northwest Arkansas area has been proven to quickly flow. The phosphorus problem is from the leech. I'll send y'all an email that's got all this and I'll let you know.

Thank you, sir. Citizen comments. I'm gonna be speaking about Bond Recycling. I don't even understand how it got approved the first time. Sir, please start with uh your name and where you live.

Carl Abbott, 200047 Fawn Road, Springdale. I don't even understand how this got approved the first time means how we had 5 to 600 people against it, seven for it. Uh, and this is not where they're wanting to put. This is not an industrial area and their business is an industrial business. We This area is dangerous with semis trying to come in and out of where they want that business put. And uh it's very dangerous with traffic. It's also going to lower all the housing prices around there. So, how it got approved, I don't know. And I hope y'all will overturn that. Thank you, Sarah. Citizen comments. Start with your name and where you live.

Press this. You're you're you're on.

Okay. U My name is Kelly Franks and I live at 193 Nielspluff Road and um we've lived there for 20 years. I'm here to voice my strong opposition to the proposed metal recycling on 412. I'm not opposed to recycling. The issue is not recycling. It's the proposed location directly across the road and surrounded by neighborhoods. placing this facility so close to our homes, schools, and parks. It's unacceptable risk to our community's safety, health, and quality of life. The proposed location on the busiest and most dangerous road in Northwest Arkansas, sounds like we have a few ramp now. Um, while we have school buses that travel this every day, it just doesn't work. Not to mention coming up on this location is somewhat of a blind curb with 50 to 100 trucks and trailers stopping in the middle to divide to turn in and turn out will cause accidents. There is no doubt about that. When heading west up 412 in late afternoon, the sun is already directly in your eyes. It's already a very dangerous situation to begin with, but with trucks coming and going from each direction would be a bad hazard as you cannot see around them. There is a direct correlation to crime when this type of facility is near homes which decreases our values no less than 10%. It makes it very undesirable for resale. I'm in the mortgage industry and I have spoken to several wheel realators and this fact cannot be denied. No one is interested in buying a home that close to this type of facility. I pay high real estate taxes and insurance to not get the typical gain that everyone in Washington County is entitled to is just not fair. I know you cannot answer this, but um and I showed this at the last meeting. This is a couple months ago.

Ma'am, we gota if you're gonna keep talking, we got to have you at the microphone. This is what it looks like.

We got to be You got to be at the microphone. Sorry. I just wanted you to have a look at it. Um, these pictures on the posters were taken now about three months ago. Um, and they it's it's unsightly and needless to say, it's not something that when you enter Springdale, any would be impressed by seeing it going in or out of Springdale. Um, there are many new businesses along 412 heading east and they have for the most part taken great care to put up nice buildings and things that enhance the area versus not. This would be a huge eyesore. Thank you, ma'am. That's That's your That's your three minutes.

Thank you. Okay. All right. I'm sorry. I'm almost done. We have a motion. We have a motion by JP Koger to extend by three minutes. Okay. I won't Is there any Are there any Hold on, ma'am. We got to We would have to vote on that. Hang on. I see. Okay. Sorry. There's a second by JP Lopez. Three additional. The motion's for

JP Koger. I just want to clarify. Uh your motion is to give an additional three minutes to this specific speaker. How many people? Well, that was my motion. Yes. To extend for this for this speak speaker. Yes. We still have seven and a half minutes overall for public comments beyond this. Okay. But I don't want this three minutes to take from the public comment. I want to give her three more. Okay. Okay. Okay. So, we're voting for an additional three minutes for this specific speaker. All those in favor? Any opposed? Okay. Please continue. And I'm sorry, I'm nervous. So, that's okay.

I didn't know it was going to be this. Okay. So, um, there are new businesses along 412 heading east and for the most part, they've all done a really good job. Their storefronts are nice and they're really coming in and out of 412. You know, it's beautiful. You're going to Eureka Springs, you're going to the lake. It's it's very beautiful. Um, in the last meeting there, it was made up that um or it was said that this area they're wanting to put this in is comparable to the area and it's not. We are not an industrial area. We've got schools and parks and neighborhoods right there. It is not an industrial area. This belongs in an industrial area. They talked about, "Oh, we have a quarry on 412." No, we don't. Off of 412, there's a quarry, but you cannot see it from the road. It's down Parson's Road. So, um, sorry, I lost my train of thought, but um, I just thought it would be a huge eyesore. Um it's not an attractive uh facility as it is and spreading it out would only be worse. Um and um I brought up the no quarry for the health and safety and well-being of our community. I'm just asking you to deny the permit. The economic benefits do not outweigh the very real and significant risk of this facility poses. Um, I just urge them to find a more appropriate location for an industrial operation that's not directly near where people live, sleep, play, raise families, and go to school. And thank you for your time and thank you for the extra time. And we did get 544 signatures on petitions that were turned in. So, we would have got more, but we ran out.

Thank you, ma'am. Citizen comments, please come forward. Good evening. Claudia Sneeed, 1 19069 Sonora Road, Springdale. I'm a resident of rural Washington County, Arkansas, living in the immediate neighborhood affected by the proposed conditional use permit request from Bond Recycling to operate a commercial industrial metal recycling plant at the Highway 412 in Neil's Bluff Road. I'm here tonight to express my strong opposition to their request. The proposed metal recycling plant is not compatible with the surrounding residential neighborhoods and would negatively affect the character, safety, and value of our homes. I actually passed out some pictures earlier during the planning meeting of our part of our neighborhoods which res represent the whole area. I hope you could I hope you see them. Yep, that's them. Okay. We've gathered over 500 signatures from surrounding residents who oppose this conditional use permit. And these signatures clearly reflect the overwhelming concern and objection of those who live closest to this proposed site. Our concerns include, but are not limited to, one, increased commercial and heavy truck traffic entering and exiting the facility from Highway 412 and Neilof Road, creating safety risks for residents and commuters. Two, the unsightly nature of a metal recycling operation, which would significantly detract from the rural residential character of our neighborhoods. the potential decline in the surrounding property values caused by this proximity of an industrial operation. A metal recycling plant is not a positive or appropriate addition to our area. It conflicts with the existing residential character and the surrounding neighborhoods and the reasonable expectations of the families who choose to live here. We respectfully urge the quorum court to consider the more than 500 residents who signed in opposition to deny this conditional use

permit. The surrounding residents are united in their belief that this proposed use is inappropriate for our neighborhood. Thank you for your time and consideration. Thank you, ma'am. Any other citizen comments? Please come forward.

Hello, my name is Chad Drungi. Uh I own property approximately a quarter mile from this proposed location. Um, I think we all know that they currently cannot bring in ferrris metal and from my understanding it's because of contamination in the soil and the ground. Um, now we want to bring that out to our neighborhood in between five schools where you got 24,000 plus people a day driving by there. Um, we're 1.6 miles away from our from our drinking water source from Beaver Lake. Uh, there's no filtration system out there that's going to get all that contaminants flowing down. also contaminating other people's property as well. Um, what's going to happen if they do go out of business? What's going to happen to this proposed location? I mean, what's going to happen to the properties adjoining to it? Is it going to get condemned? I mean, what's I'm asking you guys to to deny this request for this permit. Thank you.

Thank you, sir. Any other citizen comments? And hang on. So before you get started, I want to just let my colleagues know we have uh two minutes and about two and a half minutes left in public comment. How many more? Raise your hand if you if you want to speak. Six minutes. Do you Hold on. This is This is JP Pond's motion.

You want to You want to add Okay. Motion to add 18 minutes of public comment by JP Pond, second by JP Lopez. All those in favor? I. Any opposed? I think you I think you're out of order, but I understand. Uh the the eyes have it. So, uh please continue. Start with your name and where you're from.

Thank you. My name is Louise Leon. Uh I live literally right on top of where this facility wants to go in at, uh 2499 Tulip Tree Drive. uh purchased it from the same individual that's selling that property there with this facilities going in. Everything you know everyone said is correct. I mean what we I guess what we need to understand is first of all why are we here a third time you know I mean three times. Um, I guess I need to understand and we all need to understand what is your's job? Like what do you guys protect or or what what is the deal of this metal recycling place coming in and why are we not being heard as the people? Um, you all sent lettersund and something letters out and we got triple that much signatures. I mean, why wasn't that taken in consideration? Do we not have u anything like do we not have say on what's going on? Uh there's residential homes literally almost like right next to where this is going in. Like why is that being allowed? You know, if that's the case, then he might have to buy us all out, you know, just buy our properties, you know, and uh do what he wants to do. But why is it being allowed to be done in a res where there's people living in residential? There is many businesses there. No um um forget the word industrial, no industrial businesses anywhere close to that. uh previous meetings they they mentioned FedEx and you know I'm I'm sure they're probably saying UPS and all this stuff but that's not within the

radius of the amount of letters that got sent out. Um I guess that's that's all I got to say. Thank you. Thank you, sir. Citizen comments, please come forward if you're speaking. I want to speak in opposition. Come up. come on up to the mic before you start speaking, sir, and start with your name and where you're from.

Forgive me. Um, I'm Ray Eastep. I live just down the road, couple houses down on the north side of 412 on the corner of Huitt Springs. The creek that basically runs right next to that facility, comes right by my house and straight into our drinking water. Comes up, it comes through my property, actually. Um, and I want to oppose it primarily because I think that the representation of what they think that is going to look like and achieve with all their attempts to make it look like it fits in even in an industrial neighborhood. It's really not accurate. That land that they want to put that on is a very small piece of land next to the um storage units that was all just dirt dragged in. I don't it did it seemed to me like does anybody even know they're dragging all of this garbage in and burying it? It's a 100 feet thick of garbage and um I when I say garbage I don't mean literally trash, you know, household refuge. I mean trees and woods and it's it's not wasn't deposited there in a way that I thought made any sense. It just was brush and stuff like that. It's got that creek going right by it. They say they're going to put up fences that are going to block the view of it, but you're coming down a hill. You're coming into one of the most picturesque parts of as you head east right through here. All the traffic that comes in and out of Springdale and northwest Arkansas to enjoy the the the beauty of this area is going to go right by that. And they're saying it's not going to be visible. Well, they're going to be looking right down at into it as they leave. And they say this is use this is this facility is similar to other facilities in the area. It's basically like putting it right in the

middle of a residential neighborhood. There's no other businesses comparable to it that are in in view of it. It's a very, you know, beautiful area and the proposal and what they say about how it's going to appear and what it's going to do just is not a honest representation of the facts and it is going to be just basically plopping down an industrial business that looks like exactly like the pictures that she showed are going to be right there. And they really don't have a big enough area for any kind of what they state they're going to do. they're going to have to change it and add on to it or do something is not going to be consistent with the with the what they say they're going to wind up with there in that facility in my opinion and I think I'm accurate on that. So that's what Thank you very much. I appreciate y'all's time.

Thank you, sir. Any other citizen comments? Please come forward and start with your name and where you're from. My name is Veronica Baltazar and I am uh neighbors with this proposed recycling center on 2499 Tulip Tree Drive. Um I just obviously this is going to be a traffic hazard and they claim on their application their statement that um they're bringing 50 to 100 customers daily and that it will not create a traffic hazard. I'm wondering like did they do a traffic study to uh you know to express this or to show this as evidence? Have they um have they done like an evaluation? Have they, you know, just sat out there to watch the traffic as it is now and what it would look like bringing 50 to 100 customers daily with industrial traffic and also this easement where their main entrance is going to be at is shared with residential um people with families. Are they separating that easement in any way? Um, you're I mean you're involving industrial traffic with residential family traffic together in one little easement. And I just was wondering about if they have any backup information to show this um to assure us that it's not going to be a traffic hazard. Um, and I'm just requesting for this to be denied. I don't think they have evidence to back that up. Thank you.

Thank you, ma'am. Any other citizen comments? please come forward. Okay, seeing none, we're going to move forward here. Item six on our agenda, the conditional use permit request for the Vaughn recycling highintensity cup. And uh before we get started here with our next three items in a row, uh our county attorney, uh Mr. Lester is going to explain to us and the public um the rules of how these appeals are conducted.

Thank you. Um just for just for everyone including the public's knowledge, the way this works is um we will hear this just as it was heard before the planning u commission and the planning board. First, we'll hear from uh county staff who will present the project and the facts and the information that they have on the project who then answer any questions. Following that, the applicant will have 30 minutes to present and discuss and talk and answer questions followed by a 30 minute comment period uh for anybody uh that's here to speak either in favor or against uh for up to three minutes each. Um after that time is up then the the quorum court will come back and can deliberate openly and discuss any issues anything that any of you want to. Um at some point after that we'll someone will need to enter or make a motion either to ratify the C or deny the CUP. Um and then there will be some discussion. We'll do just like any other ordinance and have citizen comment time. I do want to remind everyone the um criteria for conditional uses things that you shall consider. Uh they are that a written application has been filed with the planning office and the appropriate fee has been paid. Number two, that the applicant has provided proof that each property owner as set out in section 5N has been notified by return receipt mail. Number three is that adequate utilities, roads, drainage, and other public services are available and adequate or will be made available and adequate if the use is granted. Number four, that the propo proposed use is compatible with the surrounding area. Number five is that the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. Number six is that the conditional use will not be injurious to the use and enjoyment of

other property in the surrounding area for the purposes already permitted, nor substantially diminish and impair property values within the surrounding area. And number eight, that the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding area for uses permitted in the zone. And so I remind you of that because when we get ready to vote, it's going to be important that you articulate your reasoning uh based on those criteria for that. Okay. Thank you, Mr. Lester. So the first thing we're going to start with is the staff report with Dr. Atta.

Good evening, everyone. The van resigning high intensity condition use permit was approved by the planning board uh members on October 30th. Five members voted yes, two members were abs like were like absent. Um and it's in district five Kylines JP Ky lines I'm sorry. So, an appeal was filed by the uh with the circuit clerk office on November 26 uh by Miss Julie Long to overturn the planning board CUP approval decision uh that that took place on October 30th. The appeal states the following reasons. Incompatibility with the surrounding area and negative impact of the neighborhoods. This is the vicinity map of the proposed project location property as is right now because this is going to be split and like reduced. Uh so the part to the east is going to be the project location. The part to the west is going to be sold off to someone else. Uh this is like the neighbors like that being like u notified. So during the CUP notification, 202 notifications were mailed by to the neighbors uh properties by the applicants on September 4th, 2025. Planning staff received up to the planning board meeting on October 30th. uh 32 emails and letters and 553 petition signatures in opposition to the project citing incompatibility and potential health and environmental issues and devaluation of the surrounding properties. Uh we received seven comments in support of this project citing the business will help the environ the environment and what it will it will bring like um economic growth to the area. During the CUP appeal notification same 202

notifications were made by the to the neighbors by the applicants on December 17th. So, the applicant is requesting a highintensity condition use permit to relocate vine recycling to a 6.52 acres portion of the 13.26 acres subject property which is currently under contract pending permit approval. The CUP permit approval V recycling would operate as a full service meta recycling facility serving serving residential, commercial and industrial customers. The business will offer both drop off and roll off container services for all type of metal ferris and non-ferris. Proposed metal will be shipped to domestic buyers for further processing or melting. A large quantity of loose steel brought in by customers will be stored in uh contained concrete bays on site and later transported to the local shredder in Rogers, Arkansas. The proposed operation will comply with the regulations set by the county, the EPA, and ADQ. Hours of operation would be Monday through Friday from 8:00 a.m. to 5:00 p.m. and Saturdays from 8:00 a.m. to 1:00 p.m. with 10 to 15 employees working during business hours. The applicant anticipate up to 50 to 100 customers per l eight hour business day with most with most only using the drive-thru services. The site would include two 7500 square ft main building that would be used as a general lobby and a warehouse with a dock bay, a 300 square ft bay window with drive-thru, 23 general parking spaces and two ADA spaces. 8 ft fencing and natural vegetation for privacy, non-illuminated

sign attached uh to the fence, a retaining wall and a detention pond. If the CUP is approved, it will go through like the whole like large scale processing approval. So we showed this during the planning board meeting just like to show a concept of what happened what we used to be before. So the pink uh property uh is where like the proposed project is going to go. Everything in brownish used to be in no county zoning. Basically anyone could have started a business without like requesting a cup. If the cu if the if the business consumed like one acre or more they would have gone through like the large scale. So just like for reference, this has like changed after August 25th of course after the ETJ has been next. And this is like a snapshot like a big snapshot like of the vis like for like the businesses or like approved CU like in that like stretch of on 412. So we have like a multiple like a bunch of like um planning conditions we put there and number seven and eight n and 10 all pertains like like to sticking to the what the applicant stated and number seven we added this like to have a dust abatement plan of the installation truck wheel bath and make sure like no dust goes outside. All of this is going to be discussed if this move move forward through the LSD project. um and also provide like a reasonable screening and he the applicant is responsible like to be able to maintain all of those conditions and comply with all like the state like the state and the federal and county regulations. So if you have any questions

questions for Dr. JP Dennis. Thank you. I don't know if it's south of it or where it was. I want to be sure I'm been looking at the right pictures and I think I am after looking at Do I need to go up further? 479 Autos car dealer. Is it there next to it? I honestly don't know. I can I cannot like uh Yeah, I have to go there like in person to see it. Do you mean like this picture here? Pardon? This picture here. Oh, that doesn't help because I can't read it.

Yeah. So, that's a whole stretch of 412. Well, I I was out there and I wanted to go and look and see and then I went on Google's and pulled down some pictures. Maybe I need to look at the ladies pictures that she has. But 479 auto dealer, car dealer. Is that close by? I honestly don't know. That's what I said. Like I don't know like how close it is on that like area. Okay. Well, I don't want to make a judgment based on me being in the wrong place looking. Okay. Thank you. Yeah. Yeah. Bring them up. Just set them there on the front bench.

Sam can put them up there someplace. Those pictures is this like the city of Fedra.

That's like 721.

I know where that's at. It's right here in South School.

JP Washington School. Do you have more Do you have more? You You still have the floor. Do you have more questions? JP Dennis. No, that I just wanted to be sure. This one here, like this location, this location is 71 close to the intersection. Yes, I was. Yeah, there's a new Donna shop. Well, I went on Google search and put in the address that we were given and I'm pulling up a car lot that's next to it. Is that correct? Well, like Google is never accurate. Like our like 911 addresses is completely different. Okay. All right. Thank you, JP Dennis. Our the county attorneys pulled up the map and yes, it is it is just to the east. Okay.

It's very important because that's next if that's next to it, you're seeing what's already there. So, thank you. Thank you, sir. Next, we have up JP Lions. Thank you, chair. Um, director, a couple of questions. This cup is identified as a highintensity cup. Can you define that? Because Oh, the definition of high intensity and and as we all know in our in our county, we only have we have no real zonings. He just everything is residential.

So we only have one zone. Uh we have agricultural use single family residence one house per acre. Everything deviates from that requires a conditional use permit. Based on our like definitions and we consulted like with our team and the and the county attorney based on the definitions we have. Uh the industrial definition states that like if you store material on the property that counts as an industrial and to be like true like to everyone in the area we counted this as an industrial and that's why like we need to find like half a mile on top of all of this if you remember over the two and a half years we were discussing all of this we used to have like tables that says if it's this it should be this if it's this it should be this. One of them is if it's like a towing business, it should be industrial. If this like recycling, it should be industrial. So, it was it to it took the the business aspect to like another level. But as as we mentioned, we always have one zone and everything else requires a conditional use permit.

So, the primary reason this is high intensity is because they're storing because they're storing material on on the property. Yes, sir. any activity they're doing or any processing they're doing and other definitions also like if they're like doing like mining or like they're doing querying part on the property. Yes, sir. Okay. Thank you. Um somewhere I saw it talked about processing metals. So maybe this would be better for when the applicant comes up and I'm okay if that is.

Yeah, I'm going to leave this I'm going to leave this to the applicant. I don't think there's going to be any processing or like even battery. So because like Devon they own like two businesses on 71. One of them is like the metal like recycling and the other one is like B battery recycling. So there's not not going to be any battery on this like uh specific project location. And you you said when you had the lot up before you talked about the east and the west side. Oh, can you and I I apologize for No, this one here. I apologize for my hearing. I didn't capture that. So this one here. So the east side this is like the property that is going to be purchased as now. As of now this is whole one piece. So this is going to be split. It's like both of them under contract. So it's going to be just like the east part is where they're going to go.

Yes, sir. Yes, sir. And then the west side is just open. It's like it's open like they're not buying that. It's going to be split and somebody else would buy. No. Yeah. Absolutely. Thank you.

So he's going to be like accessing from like Aeron's drive. And one of the things like I need like to add when this happens when like if this moves forward like we go through the large scale process, our dot will be informed. I mean we already like some of the neighbors already called our dot like so they're aware we normally don't do we don't communicate with our dot unless if we know the condition use permit is approved and the large scale is moving forward so they the applicant has to contact our dot to be able to get their like feedback on the depth the width and the thickness of that driveway and they have to get a driveway permit and if there's any improvement needed they have to comply with it before this moves any further. That's one thing. And I believe also like the applicant desiring like improving on that like Erands Road like to the east where like his like property is going to be entering. So like to make it wider and make it like much more accessible to the trucks that's going to come to the property.

Thank you director. Thank you. Okay. Next we have JP Koger. Thank you madam chair. Uh my question is goes along with what JP Lineset asked also. I don't understand how we can have a high intensity C cup when I couldn't find that definition anywhere in our zoning ordinance. Did you see like the industrial like uh the commercial and the industrial definition? Did I see the industrial? Yeah. Did it say high high intensity?

It does not say high. It says like the definition of like what we can store on it. So that's why we used it as high intensity. It's it's under a definition number 70 page five is notification area. We talk about conditional use permits high intensity high impact and it talks about the notice that's required. That's the only difference in our code is that the notice requirement is different if it's high intensity. Do you hear me? The notice the notice pro that has to be provided to the neighbors expands when it's high intensity. That's the only difference in our in our code and that's outlined on page five. It's uh number 70 in the notification area of our code.

Um page 70. Okay. No, page five. Oh, page five. Page five. Yeah. Okay. Well, it's going to take me a while. I'll let you all do it. Okay. Next, we have JP Hires. Thank you, Madam Chair. I have a couple of questions, but they might be best to um address the applicants. So, I'm going to ask the question, and if you think it's best for me to ask it of them, sure. Let me know. Um I'm just curious about the current location on Highway 71, South School. Um and so all of the activity that's happening on that location will be moved to the other location.

It's only like Yeah, that like recycling on that 71. Yeah, he's moving that just that business to expand and like have like more space to what he doesn't have right now on 71. So, um I mean Highway 71 is one of the busiest streets in Northwest Arkansas. Um have there been issues um related to that traffic? I mean, nothing I know of. It's like in the city of Feder, but like I mean I we passed by it like as employees like twice and I've never seen any like traffic jam. Not not that like I might have been like in the wrong time,

right? Like I've never heard curious. It's right in the middle of the city right now. So I'm just curious because that's one of the issues that I'm hearing from the neighbors. Um and I'm also curious if we know anything about um have there been any complaints about pollutants um from any in the current area dur during the planning board like I guess like the applicant presented and we had this like included in the staff report which is like about I don't know like 100 plus pages. they have like they they have been cleared I guess like they're like on the EPA schedule like they come and check on them and they do analysis and see if they fit or like they don't and they've been passing for the past like few years. Okay.

And I've never we've never had any issue. Uh we've never asked yet AP like the EPA because we're not there yet. The whole request right now is like to reszone this or like use it as commercial. But the from the P like the paperwork we received from them, they're in compliance and they're like already with communication with the EPA. So the APA knows about this. Everything they have right now, even like the license and all of this, the business license is going to be transferred. So this is not going to stay and they're going to have like part two. So this is going to be the whole thing moving. Okay. Yeah. I'm just curious um because I'm thinking about that um part number five on our um conditions that we need to consider. And so I just wanted to see what's happening. I believe the applicant is going to add more.

Okay. Thank you. Thank you. Okay. Next up we have JP Massingel. Thank you Sam. Yes sir. So this this piece of property right here is that 13 acres. Is that the 13 acres? It's 13 plus and like they're buying the 6 something to the east. Okay. So how many acres is the development on that's going to be in operation? Uh, I believe it's like 3 point something. It's not going to be bigger than that. Correct. Three acres.

Yeah, Braden would would know. They're not going to be utilizing the whole thing. They're going to keep They're going to keep all the wooded area. So, it's going to be just like, let me see. One, two, three. 6.5. Okay. And then the entrance. So, that there's going to be an entrance and an exit for Krux. Yes. Yes, sir. So, they're going to like go through like Erin's drive. They're going to go up and they're going to go in and they're going to go back. Oh, they're going to go down Aaron's drive. Yes. That that's like they're going to be like their drive. Private drive. They're going to utilize Aaron's drive.

Yes. That's that's like part of the property. So, it's a private drive. Yeah. It's Yeah, private drive is an eman. Okay. Um, so how many houses are on drive? How many residents live on Eric Drive? I I don't know. I don't have like the full like map on front of me. This might give you an idea. I counted about two maybe three. So there is one here. There's one here. And this is like a business and this is vacant right now. Yeah. So yeah. So that's what I said. I don't have the full map.

Okay. And then what's the closest house to this? It's the one It's the one to the north northwest. That's like the one like tangent. Okay. How many feet is that from? I I I doubt I doubt this is 60 ft, ma'am. But it looks pretty close to me. I mean, I that's why they were notified. Yeah. Okay. And then you had a list of conditions there that Yes, sir. Conditions for approval. Okay. Is this pretty much it? Is this all

I mean you can I mean like you have the right like to add more conditions. That's like why we bring it here to the court. Whatever you feel like it's like more appropriate for this business to have can always add more. The same thing we've done like last week or two two weeks ago. Okay. Um yeah, there were some concerns. One of the concerns was unsightly. I mean, it is right up on the highway. I have a lot of concerns about, you know, what this looks like off the highway. Yeah. I don't feel like this puts enough requirements in there to make sure this

Yeah, we have we have the like we we have the condition of having the uh barriers and like um provide like reason screening and I know there's like natural like natural like tree line and I guess I believe it's elevated as like the engineer mentioned like last time like I mean like you pass by it there's nothing like mostly flat in that area. It's like a little bit like above the highway. Yeah. So, but like whatever you feel like it's comfortable like and like I'm going to let also like the applicant speak to that. Okay. And then u the storage of material there's going to be material stored on the ground. Is that going to be does that have to be on a concrete pad?

It's it's definitely like I believe like it's going to be on concrete pl within Yeah. within those like two buildings. Let's go back here. So there won't be any metals I guess metal laying around outside going to come up here, right? We can ask more. Oh yeah, absolutely. Yeah. All right. Good. Thanks.

Thank you. I have a couple questions myself now. Um so we've had some kind of interesting situations recently with some things that have come before planning and come before appeals. Uh, one of them just before this meeting, there was a project that was in an area that used to be extr territorial jurisdiction before they were abolished last year by the state legislature. And I heard you mention extrateral jurisdictions during your presentation. Was this project in what used to be? Yes, ma'am. Okay.

So, um, yeah. So basically if the applicant like were was able like to produce all this material to us before like uh August 21st he would have just gone through the large scale without like any request for a conditional use permit. Yep. Is it city of Springdale's uh it's yeah city of Springdale like planning area. Okay. Okay. So when they started this is similar to the the project almost that we heard uh that the planning commission heard before this meeting. In that case, it was the city of Fyville, but it's this this is a similar project where the project started under one set of rules and now we're under a different set of rules.

The only difference then like they are not splitting. So if they were like to split this property like uh before like August, this would have split would have been approved by the city of Springdale and like will come to the county for like approval on that trying to split this like under our ordinances. I see. And uh once again like since we don't have like the planning area anymore uh this used to be no county zoning so like they did not require to have a cup. Now they are required to have a cup. That's the only difference. So as I said like if they if they hi up like before that that would not be a discussion of a condition use permit as much as a like a large scale process.

And the county attorney wanted to weigh in with some additional details. I think what Sam what Sam's saying is prior to us passing 2025-44, which was the new zoning ordinance that we passed, this was one of the of the only pieces of property that was not in not included in the zoning plan. It was unzoned, which means anybody could do anything they wanted to. Why we had some of those and not others, your guess is as good as mine. I have no idea. But we did have just a very few pieces of property that were not zoned. When we changed that, this is now zoned. That's why they're that's the difference. Had it happened prior to that August passage of that ordinance, they wouldn't have had to have our our permission. Now they do.

Thank you. One other question I had um with a different appeal that came up uh recently uh for us in a totally different part of the county. Uh it it came to light that there were multiple businesses operating in the area without unpermitted without getting conditional use permits. And in looking up what's around this to me it looks like there might be a similar situation. One that I could see on Google Maps is one called Louis Marine Service and I there may be some others. uh some of them did not require a lot of cup and the business was like small enough not to go through a large scale and some of them were like I would I don't I don't like this might be grandfathered grandfathered then but like some of them they've been there like for a while and many of them went through the process so there's a few of them still like on that stretch of east like east 12 they are like permitted and in some violation or like they're not permitted and we're still like in discussion Okay.

Yep. All right. Thank you. Okay. That's it for my questions. I'm going to go to now JP Lions. Thank you, Madam Chair. Um any of the property around here annexed by Springdale because I know not far from this property. Um there is property that looks like a salvage yard. There's a bunch of abandoned cars down around a bunch of houses, a bunch of abandoned RVs not far from here. Yeah. It's like, and when we talked once before, it was either territorial at the time, which is now gone, or it was Springdale and next, and I don't remember which. Sorry.

Yep. I believe it was not part of the territorial jurisdiction. It was completely county. Uh like if the one like I I believe like you're talking about it next to a gas station or next to a convenience store. So, that is like No, it's not that one. Yeah, it's it's further up where you have the uh you have the road and you have the repair shop. And then you go up a little further and the houses just have all these cars stacked up back in there. Is it like on the north side or like south? On the north side.

North side. Yeah. Some of them like we we we did like uh so we did we did like uh the um Dollar General and we did like the espresso. I believe it's Yeah. It's not it's not it's not the one that you and I have been working on for years. It's not that one. It's further. Salvage the Oriana business. Yeah, the Oriana business has been like granted like a CUP and they've been working like outside their like perimeter for a while and we contacted them like multiple time over the past two years and they still have not like fixed like their like issue. So like I Yeah. Yeah. Now now that's the one like I I recognize. Yes sir.

Could you restate that? Oh, which she wanted you to restate that. Oh yeah, absolutely. So like we we had a business that has like a salvage uh it's like it it's supposed to be like a car dealership but now it's becoming like more than that and a salvage yard and they're going beyond the perimeter of the approved cup and they are like uh storing like cars outside like the fence which they're not supposed to be that's like in violation of their like conditions. Okay, JP Dennis, sample question I wanted to ask you and I've read it I forget. Uh on the fence uh what kind of fence?

Uh we ask for a privacy fence a minimum of of eight feet high and it could be it could be anything. We normally ask it's either like a chain link with slats so it would be opa opaque or you can use like cover so nobody can see behind or it could be like wood. So that's like the basic stuff like we always ask for. So it's someone nobody can see. So it's like it's not an eyesore. It's like similar to everything else. Well, if I think that's an important thing because that's what people will be driving by seeing.

I mean, yeah, we we we had a business like east east of that business like it's an RV park and that's exactly what they did like chain link with like green slats. It looks like trees and blended in. Okay, good. Thank you. JP Ekki. Hey, Madam Chair. Forgive me for being out of order. Um, Director Atta, if you could come look at this and tell me what this property is. It's right next to the proposed recycling. What is that? Is it this one here?

It's a one right east to me. It's that. Oh, that's just like a property like with lots of junk cars on it. It's just a property, private property with a bunch of junk cars on it. Um, that looks like to me a junkyard. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Okay. 30 35 cars plus what's down here.

Um, and you've got So 35, you're talking about 50 cars.

It doesn't look like a car dealership to me. It looks like a junk salvage yard. Oh, I see it.

I mean, you have director Addy, you have the tree line. Okay. And then some more tree lines. That's the buffer between what I I'm just going to call a junkyard of truck of cars, vehicles, and then the proposed site. Okay. I'd see one house. I think it's a house. Um I don't know if it's the owners of that that property that has that junkyard's home, but if he's willing to live next to that, I don't see why he's opposed to living next to this other property, even though you have this huge tree line between those two properties. Um, and then furthermore, I'm looking at the the the um the road in front of it. It seems to be flat. I mean, it it's elevated and curvy, but further up. And then even coming up, that's a hill, but in front of it, it's flat. And I don't see how it's a dangerous intersection.

I really don't. I'm just look I'm just looking at I see where the hill start. Excuse me. Hey folks. Folks, hang on. Hang on. I've driven out there. JPI. I'm saying I don't see this and I need questions answered. JPI, hang on. Hang on, folks. I've been pretty lenient as chair so far, but we can't our rules of procedure. We can't have folks just like shouting stuff out. and JP Ekki, we can't have back and forth with the with folks out in the out in the audience. Please continue.

Thank you. And I apologize. I'm just saying looking at this, I don't see it. Okay, that's all I'm saying. And I'm looking at it and I'm trying to see both sides um of what it is. I had questions. What's right next to it? It looks like a junkyard. It really does. I don't know whose property that is. I have no vested interest in who that property is. But if the neighbors were willing to live next to that, I just question what's the opposition. I've heard the opposition. I understand, but I have to weigh all of this. So, thank you, Director Ada. I'm done.

Okay. Next up, we have uh JP Rivera Lopez. Yes, chair. Thank you for acknowledging me. I I just want to provide you all a little a little procedural thing. Uh during this portion when we're talking to the director, it is not the portion for you all to speak out to us or ask to answer questions. Um I understand that you might hear something that you want to address in that moment. You will have your moment to address these things. Um but it is just not the appropriate time. So, if we do not acknowledge you, it is because again, we're trying to adhere to this procedure and you will get your moment and we will listen to you. I promise we're not trying to dismiss anyone or anything like that. Thank you all.

Thank you for that reminder, JP Lopez. Um, seeing no other questions, Sam, thank you very much. Thank you.

Uh, next we'll have uh 30 minutes available for the applicant to present. All right. Now, I do have a presentation, so I'm going to try to hook it up. Let's see here. Yep. See if this met works. All right, good evening. Um, thank you for giving us an opportunity to come up today. My name is Braden Wines with Bates and Associates. I am the project engineer for this. I'm here on behalf of Bon Recycling to discuss how their proposed facility is designed to operate responsibly and harmoniously within the surrounding area. First, let me address a key concern we often hear uh environmental pro protection. Bond recycling follows strict material restrictions to keep their site clean and safe. They do not accept oil, fuel, trash, fiberglass, asbestos, or any other hazardous or waste material. Everything they handle is carefully screened before it gets unloaded. Next, I want to touch on how they will manage materials stored outside. All metal will be organized in designated bays and zones, stacked neatly, and handled efficiently. Their their design helps keep the site orderly and safe for workers and visitors. and it minimizes any visual or environmental impacts such

as those concrete bins. Most of the metal will be collected and bailed, boxed, or loaded directly for shipment. It is not their intention to keep metal on the ground for long or extended periods of time. Um, another concern we heard tonight and in our past meetings were traffic. We have verified that highway 412 provides proper sight distances for safe vehicles for safe vehicle turns at all access points and that includes Neil Bluff Road and Aaron's Drive. The highway currently carries roughly 1,500 to 1,800 large trucks or semis per day with a total vehicle count of around 22,000. Mr. Von's operation expects between 50 and 100 vehicles per day, representing only about.23 to46 increase in total traffic. In other words, there's no measurable impact to local traffic patterns or safety. to answer a a concern heard earlier tonight. There was no formal traffic study u provided. We felt it justified that this small impact does not warrant a full-blown traffic study. It's just too minimal to make it worth doing. Um other than that, I think I believe I believe I've addressed some of the technical questions. I'd now like turn it over to Mr. Vaughn's lawyer. Ladies and gentlemen, how are you all doing tonight? We appreciate the

opportunity. Uh my name is Trip Halbert. I uh with the Halbert Law Offices. I represent B Recycling in this matter. Um I I don't plan on we don't plan on using the full 30 minutes. uh but do want to provide opportunity for any questions or concerns that you might have. Um I I recognize that the time is pretty valuable here. Um my goal in this is more or less to piece through this uh motional discussion which I can appreciate and truly respect that there are a lot of motions uh through public comment and interest here. Um, if we set aside those emotions and we look at the facts here on true compatibility to the area, I think that we'll come to a clear uh and convincing answer for approval of this cup. Um, you know, generally speaking, when asked to do these things, I typically look back on what decisions have been made prior to today. And again, the planning commission on November or October 30th approved unanimously um citing that it was compatible to this area. Um the applicant has worked closely with the county throughout this process um as we've worked to buy this property. Uh this was not a accidental property that we stumbled into. It was carefully selected due to compatibility. Um to answer some of the concerns or questions that I believe several of you had tonight, one is that is it compatible and what we believe is yes. Um there is a salvage yard what we believe to be a salvage yard that abuts the property on the east side. Um,

it is along with 13 other businesses and transparently I didn't take the time to research any further than the 13 all within a stones throw of the subject property. Um, and some of those businesses consist of auto shops, uh, industrial concrete mixing plant, um, and then two existing scrapyards. And again, one being next to the subject property. Um, I guess to tell them myself, I didn't know the difference in a salvage yard and a recycling center until I asked the applicant. Uh, and so I guess my understanding is now that a salvage yard is just a facility in which holds vehicles waiting for a replacement part to be pulled off a vehicle. So when I did a bumper, you know, I can pull one there. Uh so those materials sit for a long time and they are an eyesore. Uh whereas our recycling center uh will turn and process these materials quickly. Um the applicant will address as far as the tonnage that we process here on a the smaller site in South Fieldville. Um but the property that or the materials that you see today will not be the same materials that you will see two days from now. Uh the number of trucks that come in and out um move materials quickly and efficiently. Um the thought is that this property aligns with future use and goals along that 412 u thway. The thought being that these other businesses are not similar enough to Vaughn is

maybe laughable as not but there are clearly some clear distinctions that they are similar. Um we are the applicant is prepared to spend quite a bit of money to have an efficient site but also have one that is clean and not eyesore to the public. Um there were some concerns on real estate prices and how that would adversely affect local homeowners. Um the applicant is in the position that it is not going to adversely affect anybody's property uh values. In fact, in which is not true apples to apples, but in their current site, they've seen a large increase of their own property value that they're selling for residential use um or multif family use, excuse me. And so the the thought that it's going to adversely affect the property is is a misrepresentation. The property will continue to go up. It will continue to increase in value. Um all we're asking is for uh to follow the recommendations and guidelines that have been provided by the planning commission and the director uh of planning. We appreciate time. Um again, we'll be happy to answer any questions or concerns that any of you have. I am going to give the applicant an opportunity to speak um unless there's anything that you have for me at this point. JP Ekki,

thank you. Is there a noise factor? Noise when and when you say a noise factor, is there is there some noise let off? Is there Well, is what would be the concern and what is your the noise level? I'm probably not the best uh person to answer that. We have done some studies to that and I'll I'll turn that over to him if that's okay. Okay. Thank you.

Thank you for your time. I did have a little part on noise. Um I do I do want to speak to that. Let's see here. Where do I have that written down at? We understand that uh how important peace and quiet are to nearby residents. That's why our site plan includes several built-in noise reduction measures. We're planning on installing an 8ft tall screening fence which will be opaque. I believe it's the applicant's intention to have that full metal. um that's very similar to what you see along the highway which account or which provide uh noise reduction as you can drive as you're heading north on 49 just down here. Uh you can look to your right to the east and you'll see those long metal barriers. Those are those are sound barriers against traffic and we are going to our applicant is going to provide something of very similar nature. On top of that, we plan on putting up some some screen uh landscape screening around the perimeter of the fence to to help with the aesthetics of the site and also provide a bit of a an additional sound buffer within those trees. We would we would provide we would like to have those trees to be evergreen. Uh going through, you know, keeping keeping green and a lot of needles and everything. uh they provide the best sound. Um should that be allowed as we go through our large scale. Um uh additionally, we we don't expect to drown out the noise coming from Highway 412. It is by far the largest producer of noise in the area. You have semis blowing by at 55 miles an hour. We all know what that sounds like. You have 22,000 cars a day, 1,500 to,800

semis. We don't expect to drown out any of that. Yeah. Is there anything else? Hang on. We got two more folks. I was just wondering how much noise does the recycling itself make? As in like full on decibb and stuff like a Well, what information do you have on that?

Well, I'm I'm trying to put it in how what type of question you're answer. Are you ask asking for like a monetary like numbers value or I don't expect a whole lot of noise at all? He'll have forklifts, you'll have a, you know, a beeping sound, but that's part of the reason why we're putting up these. Okay. That's what Yeah. So, you can have beeping sound, you will have, you know. Yes, ma'am. We'll have measures to help mitigate that as well. Um there's no there's no shredders out there either. We're not going to be out there just ripping metal apart 247. So it it's JP Mingo. Yeah. Thank you. I didn't get your name earlier. I was

Oh, Braden Wise with Bates and Associates. Okay. Um do you know what the speed limit is on 412 going past this? I believe it's 55. 55 miles an hour. Um how much u improvements are going to be made to is that Aaron drive that entrance and exit there.

Uh yes sir. So we did speak with fire. We have spoken with fire already. I would also like to keep this in mind that we've not gone through the large scale. So our super technical part of this design has not gone through but we are fully aware that um Aaron Stripe will need to be improved. And yes that is an AR dot right away. We will have to get an ARDOT driveway permit. We have already we we have already started talks with uh Ardot. Okay. What do you anticipate the level of improvements?

Very very minimal. Um I believe Aaron's drive is currently 18 foot wide. So we'll most likely just widen it out to 20 foot on you know from the center line. Add a foot on each side depending on you know it varies. Uh, additionally, as we go on the apron, we'll make it sure we we will make sure that it meets the DR2, DR1 or DR2 specification from AROT. So, it will be brought up to AROC code. Yeah, I've got concerns. I've actually been to this location and driving down Highway 55, 55 mph traffic both ways turning into Aaron Drive is

to me um when you're when you're coming one way, you pretty much got to get on the shoulder to keep getting run over. Yeah. And then the other direction there's a turning lane, which there's nothing scares me more than sitting in a turning lane with 55 mph traffic going both ways. So, yeah, I'm I'm very concerned about it. And also the fact that Okay, there's a large ditch there. Um, you're utilizing what looks like a private drive as your main entrance and exit. So, you mentioned it would be minimal improvements, but I I think for this to be done right, there needs to be a significant amount of improvement made to her and drive or have your own entrance and exit there. Absolutely. And we will take that in consideration when we go on to large scale if if that needs to be addressed.

Okay. And then the other um the other point is the the it's been brought up the unsightliness. Um an eight an 8 foot fence. You know, to me intentions and promises don't go very far. I mean, if you're if you're going to do something, I think it needs to be put in writing exactly what it's going to get done. What this is, we need to we need to know what this is going to look like um before it gets before it gets approved.

Yes, sir. Um I do know that we're we are 100% willing to do that. I don't know maybe some of the procedures on how to enforce that. I would I would ask this body on that. We're we are willing to put up an 8 foot opaque fence and preferably evergreens. um they they tend to talk they tend to grow very tall quickly and very bushy that are they provide almost as a screening or block. So that those are our mitigations to the unsightliness as well as bins plan on putting on concrete bins um to store the any any uh

loose material. Yes. Yeah. Uh, have you looked at putting your own entrance and exit off of 412 or that looks like a ravine there in front? So, I'm not sure how you cross that, but and perfectly stated, we do plan on using Aaron's Drive because of that ravine and trying to keep um it's not real well in this photo, but as you go further south, there's quite a bit of already existing landscaping. There's already a very large canopy and uh landscaping buffer within that ditch.

Okay. Yeah, I'm I'm concerned about the proximity to existing homes. So, okay. Thank you. Thank you, JP Masinguel. Next up, we have JP Koger. Uh, thank you, Madam Chair. Um, I would imagine that a lot of recycled materials like would be iron and it would be metals that would come maybe from scrapped vehicles. Are you going to have scrap vehicles on the property? Let me bring up the applicant for that one.

Um, yes, ma'am. We do intend on purchasing scrap vehicles. Yes. How are you going could you explain how you take a vehicle and recycle like how would you do that? You you don't have a shred or whatever that is I guess for the metal but do you compact it? So we are not a processor of steel. One second. One second here before we get any further. Can you go ahead and state your name and title? My name is Levi Vaughn. I'm the owner of Von Recycling in Fateville.

Okay. Thank you. Please continue. So we are not a processor of ferrris material which is steel, iron, anything that's magnetic. So when a car comes through our scales, we weigh it, unload it with, you know, forklift, whatever machine is necessary, and then that car is then put into a trailer and shipped to the shredder. We do not process the vehicles on site. They go directly to the shredder in Rogers. It's owned by Alter. They shred it there. So, we strictly receive the material, put it in containers to be shipped. That's what we do.

What kind of material do you actually recycle then on the property? Like, like Well, we recycle the steel. Uh we recycle every metal we buy. But do you take it and like if there's a big piece of steel that's not a car? I mean, like you would just package that up and send it somewhere else? Yes, ma'am. Okay. Okay. Thank you, JP Rivera Lopez.

Thank you. Um, I believe that there are it is spoken to specifically in the conditions for our conditional use. Uh, that there is a fence put up. So, there are specifications regarding that. Uh, there are also specifications regarding what sort of turn that has to be made. It is not as though that we have not thought of those things. I promise you that they were within the specifications of uh the planning director and our planning department. They they are there. Next up, we have JP Dean.

Uh thank you, Madam Chair. Uh one question I have is uh do you guys do any offloading outside of your facility or do you do all your offloading inside? All of it will be done inside our fence. Inside our So everything's inside, nothing's done outside. Repeat, please. Everything's done inside and nothing's done outside. Correct. No. No. So we we will store material outside of our warehouse, but it will not be outside of our gates or fences.

That's what I'm meaning. Yeah. Outside the fence stereo. Yes, sir. Okay. Thank you. JP Pond. Yes. Uh Mr. Von, you obviously going to be maybe 100 trailers come in or some kind of pickups and unload. Is your unloading area where you're unloading the the metal people haul in? Is that what kind of surface is that where that'll be unloaded. Is it like paved cement or hard?

Um, we do plan on having gravel. Uh, we're not going to concrete the whole six acres. It'll be just it's too it's not cost effective. Um, we do plan on the areas that we're storing the material. It will be on concrete pads. Okay. Uh, inside concrete barrier walls for, you know, categorizing. Are you are you still Right. To a different subject. Are you still thinking on what kind of evergreens you'll be planting? And they'll be they'll be outside the privacy fence. Is that I kind of saw the picture. Will it be like junipers or pines?

Uh that's up to discussion as we move to large scale. Uh we're willing to pretty much do anything. They're going to be close enough together set in the ground so when they grow they'll spread and it'll be just almost like a hedge. Yes. Okay. Thank you. JP Lions. Thank you, Madam Chair. Your current site, you don't have concrete bins. Is that correct? No, sir. I mean, we we have one, but it's No, sir. Just leave it that.

And then on average, and I'm going to guess it's two based on what I heard earlier, but on average, how long is material stored before from the time you get it till you ship it out? It sounds like it's turned over pretty quickly, but on a on average, how uh at our current facility, we don't hold any metal more than a week. Uh I know it doesn't look like that, but that is accurate. Okay.

So again, and and I believe I've got all this right. You receive, you unload, you maybe I think you make if you need to cut something down so it fit in a shipment container, you would do that for a piece of steel or something. Is that accurate? So steel for non-ferris materials. So your aluminums, copper, brass, stainless steels, all those will be processed but they will be processed inside the warehouse. Define the fine process. So that means cut. Cut. Thank you. cut or yeah, it'll be cut into smaller pieces. Keep it simple.

Um the steel we do not if if a piece of steel comes in our shop, you know, say someone has a piece of iron beam that is too long for us, we don't buy it, okay? Because we do not process ferrris material. So the only thing you cut is is non-ferris. It's aluminum, copper, those type of things. And that's a mechanical process. Yes. Yes. So, we have industrial non-ferris shears. They're I say shear, don't be intimidated. It's fairly small. It's about the size of the podium. It's nothing that's going to be causing any noise or sound or

And that runs inside the warehouse. You do that all inside your Yeah. Just It's electric. Thank you, sir. Thank you. Next, we have JP Koker. Thank you, Madam Chair. I want to go back a little bit to the scrapped vehicles that I was talking about. What would happen if you had, say, 10 scrapped vehicles come in at one time and you couldn't store all those? What would you do? Or do you limit the number that you take in? Um, can you ask that homework?

Okay. So, I envision I I went to the property. Okay. I envision, you know, that you could get to the point where you would be people would be bringing more scrap vehicles than you could handle at one time. What would you do in that instance? Um, we would reject them if our facility did not allow smooth traffic flow. And one part of rejecting those would be that you didn't have room then inside your fenced area. Correct. Yeah. I'd simply tell the customer to bring it back when we are uh you know when we sell some metal and get room for more storage. Okay. Thank you.

I actually have a couple questions myself. Um so the current bond recycling is in my JP district. Mhm. Um, and I'm sad to see a business potentially leave South Favville. Um, we need jobs there. We need businesses there. Did y'all look at staying in South Feville, expanding at your current site, or maybe moving to the Favville Industrial Park? I'm just out of curiosity. We did. Um, but for financial reasons, we did not pursue that. Okay. It would have been uh it would have been cost prohibitive to Yes. stay. Wow. Okay. Yeah, I guess that's a sign of where we're going in South all these days.

Yeah, I I discussed real estate with a individual in the city and we didn't qualify for revenue to buy the piece of property we wanted to. Okay. All right. Um I know that we jumped in with questions before you were able to um present. Do you have something else to present to us? Yeah, I'll give a short presentation. Okay. And I think let me ask actually our county attorney, do we need to vote to extend time at this point? Because we spent time asking questions. Uh we still have five minutes. We still have we still got five minutes. Okay. All right.

So again, my name is Levi Vaughn. I'm the owner of Von Recycling. Um I'm the third generation owner of Through the Family. Uh, I'm proud to have a family-led business with deep roots in the Fateville, hopefully soon to be Springdale community. And, uh, as we build our new facility, our goal is simple. It's to set a new standard for what metal recycling can be, a clean, organized, and truly responsible facility. Also to educate the community and the youth of the need for our industry. We believe that recycling isn't just about metal or profit. It's about protecting the environment for future generations. That's why we're investing in the latest equipment and modern machinery, making our operations smoother, safer, and efficient. Every decision we make is guided by our commit commitment to environmental stewardship from from preventing spills, controlling dust, and following all ADAQ and EPA guidelines. And uh I'll present a few statistics of the just to get y'all an idea about what we process and the quantity we process if I can find it. Okay. So with 20 to 25 just finishing I ran reports through our software. Uh, we recycled over 20 million pounds of metal. That's 20 million pounds of metal that could have went to a landfill. That's 20 million pounds of metal that provided revenue to individuals, commercial companies, industrial companies. And that 20 million pounds of material

we paid to the Northwest Arkansas economy over $5 million. We have 15 employees averaging $18 an hour. The range is $16 to $35 an hour. Our average payroll per year is over $560,000. So those are just some stats.

Thank you, sir. Um I have one actually one more question. I should have asked it before. um at your going back to your current location in my district. Um have there ever been are you aware have there been any incidents where uh police have had to do traffic control or anything like that with folks coming into the center? Um I don't ever believe police getting involved. Uh anytime, you know, we are a very known business. We do a lot of business with uh customers, pedaller traffic, you know, people bringing in stuff on flatbed trailers or whatever it may be. But if you know our location in South Skull, we don't have any room

compared to this property. This property is huge compared to what we have now. And anytime we have ever had any cars back up on the road, we immediately ran out there, worked traffic, and got them out of the road immediately. And I don't I don't see that happening here. I mean, we're able to design this property the way we need it to get traffic flowing smoothly. Okay. As far as I've, you know, been able to see, you know, in in my district, um, y'all are doing better than the Chick-fil-A on MLK because the traffic is there is backed up almost every day. Um, we got uh JP Dennis up.

Thank you, Madam Chair. I guess I'm the only recycle in here. I've been to Vons multiple times in my career or my life. U and it's very beneficial to me and I feel like I'm doing a good thing. I I like to think that I'm recycling and making a difference on what goes to the dump. And so, uh I've gone many times. Uh, and so the they have a turn lane there in in uh I think don't they have a turn lane out front at our existing facility? Yes. Yes. Yes.

And so it's it's I've seen two or three people before backed up and then they get a turn, they pull in. They get a turn, they pull in. But uh I've never seen it hold traffic up. They don't stop traffic. And so to answer that, I've seen that uh you know the the aluminum, they do a tremendous amount of aluminum. I'm I'm sound like I'm uh talking for him. But they also do a tremendous amount of uh stainless steel. I see that and I think the you know all the industries, the university, the manufacturing places, they have you know stainless steel. Well, that's a that's a good commodity, but they don't need it anymore and they take it there and then it gets recycled. So, I uh you know, as far as being a and and the noise, basically they have they have a excavator in the back that handles big things and picks it out of my trailer and takes it open, drops it in the right stack. They put the stacks according to they know it. I don't even know it. They'll say, "Nope, that's aluminum. You got to take it back around. put it in the aluminum. And so it's very organized. And then I see the pallets where they're they're palletized and smashed and then they set them on the truck on the aluminum, the cans. And uh uh it's a neat it's a neat uh I like seeing industry. Like seeing what they've got in the back. I I go anytime anybody invites me to come back and see. But they've been a good customer for or good company for Betville and I go all the way back to 1973. I worked at the Dillons down there and Bond's Batteries is across the street and they would always recycle our batteries for us, uh, where we didn't have to get rid of them. So, it used to they bought them, but anymore they just take them from you, I think, for free.

But they've been a good they've been a good uh business for Fedville, Arkansas. They'd see them go. I thought they were getting another place, but So anyway, that's all I've got to say. Thank you. Is Von Battery staying in place or are they moving too? Uh it's still there. Okay. And it will that's not up to me. It's up to my father and they'll remain there until he decides to sell it. Okay. All right. Thank you. I think seeing no other questions. Thank you. Thank you.

Uh we're now going to go to uh 30 minutes of public comment. For anyone who wants to make public comment, you can come up to the mic. You have three minutes each. Please start with your name and where you're from.

My name is Eric Umber. I live at 2430 Tulip Tree Drive. I'm representing my mother who couldn't be here tonight. Uh, one of the things that's not mentioned on the road 412 entering the um the area where they want to enter is it's on about a about a five to six grade, five to six% grade downhill, which is where all the traffic will be coming from to recycle all this stuff. Nobody drives 55. Everybody drives 50 or excuse me, 60, 70, 75 miles an hour. I know because I have to uh turn in just above about 50 yards before this and it's a death trap. I'm a disabled veteran, so I'm home most of the time and I see the accidents constantly on this road. Many deaths over the over the years. It's just a dangerous area for anything. and you get people driving in there that have never been there before or anything and you they start turning in that turn lane, it's dangerous. Second of all, um I live at the house that is as you can see by the tower. There's a tower there and um right there we're looking down. It's about a 100 foot drop 150 foot drop down into this area where they're going to build this place. They want to build it. And we're going to be looking inside a junkyard if it's approved for the rest of our lives. It's just not a pleasant view. And there goes my mother's uh home value right there. It'll it'll be impossible to sell. Thank you very much.

Thank you, sir. Citizen comments, please state your name and where you're from.

Kelly Franks, uh, Springdale. And I have no issue with recycling. I just feel like they should be in a more industrial area or off the beaten path so that they're not so visual. So my question is I have no problem with their business, but if it's an eyesore now and they only have a small area and now they're going to have a large area, you know, if they want to have it looking nice, why doesn't it look nice now? Why does it look like these pictures that we took? That's how it looks right now. And they've had the business since 2007. I have no problem with the business, but it already looks unsightly and they haven't cleaned that up there. So, now we're going to grow it, grow the business. So, that is a concern. Uh, and then there are a lot of vehicles on 412. Everybody knows it, but they are coming and going. you don't have a bunch of trucks in the turn lane turning because then you would really have some accidents. 412 is a it is a death trap. But um most people are coming and going. You got people turning in and out but one or two not 50 to 100 trying to get in a turning lane. Um so I still think that their location on that hill is not a good location. And then um my other is so two wrongs don't make a right. If we've got a scrapyard, if you got somebody that's not following the rules, then somebody needs to get on them about following the rules if they're not following the rules. But two wrongs don't make a right. Two unsightly areas doesn't doesn't make it right. And then um my question about shre shredders which I know nothing about is is that going to continue or do you guys have plans to do anything more like that? So they'll

never have the shredders which is I think the big noise factor. Um and values will go down around there and I live less than two miles away and I know they will go down. people look at the schools, they look at the surrounding area. Um, the values will take a hit. I I promise you that. So, okay. Thank you. Thank you, ma'am. Citizen comments, state your name and where you're from. Claudius need Road Springdale. Okay.

Claudius, Sonora Road, Springdale. I just want to point out something on this picture where their entrance is. The other street going up there is Neil's Bluff and that's the pictures that I gave you of the homes that are there. And when when it was made comment that we don't mind living by junkyards, I don't see any junkyards there. Yes, there are some things down farther down the hill, but this neighborhood is right across the street. If you drove up that road right there, you would see some of the prettiest streets in in in Springdale and Fyville. It's a beautiful area and um it is very dangerous to get out there, especially in that center lane. When you're in that center lane and a big truck's coming at you, I swear they go toward you. You know, it's the frighteningest thing that you've been on that street and it's going to get worse. So, it's um I just wanted to point out mostly that that's Neil's Bluff and that's where we live. Thank you. Thank you, ma'am. Citizen comments.

State your name and where you're from. My name is Chad Rungi. I'm brought off 412 in Springdale. Um, knowing that they're going to be bringing in junk cars and getting them scrapped. Uh, nothing has been talked about about what they're going to do as far as a filtration system, about the toxins, anything like that flowing off of this property, contaminating other people's property. Um, I I've got a pretty big issue with that. Um, that still has not been addressed. Thank you. Thank you, sir. Citizen comments.

Yeah, I'm I'm Ray Eastep. I live um at 16944 East Highway 412. It's just this way from your sign here. Um, and There's always cars crashing into my yard. It's It's a little of a curve, but I mean, I've had cars fly through my yard. I mean, I can't even count the number of times. Even tires, too. I had an 18-wheeler tire come right through my front yard. Um, and that is like he says, it's 55 mph speed limit. They go to 55 at least or more.

Um, I also, um, you said there was conversation and I I applaud y'all. Y'all have done a great job. I've really been impressed. Um, there talked about the other sites there that were supposedly acceptable neighbors. I don't know why though that one you were calling a salvage yard is acceptable. They they pack up cars right up to the curb. It looks like a chop shop to me. I don't know why the police aren't out there going, "Hey, why you got a chop shop here?" And how it ever got started. on a piece of property that one of my dad's cousins used to own that was a beautiful little house and how they've got a chop shop right on the road. I don't get and the other piece of the other piece of property you've said was like oh another business in the area that's supposedly acceptable. It's right next to the um Dollar General and it's it's there everything in there is supposed to be behind that fence. Well, it's it's I don't I don't I don't remember seeing any um um abandoned um RVs, but yeah, there's every kind of thing in there that's not supposed to be there. So, you've got that thing that's chop shop. You've got that other place that neither one of those things are acceptable. I don't know how they ever got authorized. I also have lived there since uh 2001. I never could understand why they were allowed to just bring in it wasn't land. It wasn't dirt. It was bushes. you know, was brush, uh, who knows what. Sometimes tires that would just got brought in there and piled piled rubble on top of. I don't even understand why they were allowed to do that in the first place. And if you look at this picture right here, that right there is a huge eyesore. They just pile that's a huge eyesore. that

it's grown over in that picture, but it's um I don't know why it was allowed that to be accepted. They're going to build on that. And they say they've got six acres, but they've got a very small usable area there. Um that I don't really see it being enough for what they want. And like what one of you were concerned, I was real impressed with your comments about the um Aaron Road isn't really adequate for their amount of trucks. How many um how much of your chip your traffic is going to be uh like 18 wheelers or is out of the 50 to 100, what percentage is that is going to be big trucks versus res people bringing their pickup truck down there with stuff?

Thank you, sir. That's your your three minutes. If it's if it's if it's more if it's much more than a few 18 wheelers going in there, that's that is a dangerous stretch of road and everything. I do appreciate y'all and I do understand you guys and I admire your business. I've used it. I use the other recycling place. I drive all the way from where I live there to go there and wherever else I can to recycle stuff that I lose money in gas to go recycle. So, I appreciate the recycling and I do admire the bonds. I use their battery company. They're good people. Thank you, sir. citizen comments.

And ma'am, you I think you have to pull the mic down. Thank you. My name is Dina Edson. I live at 16721 Equity Road. I'm sorry I have very little voice. Uh I do have one question uh concerning the trucks. What type of trucks we'll be delivering? Will they be dump trucks or rolloff trucks?

This is a this isn't a time for uh back and forth questions unfortunately according to our rules. It's just for public comment. I was bringing that in uh here because uh uh they uh gave a definition of a salvage yard that uh there was very low traffic and noise and that's what appears to be a concern in this area that there's a salvage yard. So a recycling facility will have heavy traffic and probably considerable noise. That's why I was wondering if they're going to be rolloff uh trucks or dump trucks according to noise. Um then also uh somewhere was said that there was only affecting one house with the six acres but it's eventually going to be 13 acres with my uh thought of that. They have one. When they get that going, they want to take in the other seven acres, I believe it is, for a total of of 13 acres. So, there were 200 notifications sent out. So, somewhere um the thought was that it was going to affect maybe 200 homeowners. And as he said in his mother's home, this this property is down here and the rest of the property goes up the hill. And um so that that was my question too that there would be numerous homes uh property affected. Then I was just uh wanted to point out that um the the county's criteria for allowance of conditional use on page 67

uh which was read at the beginning of meeting. Um I feel like that probably covers that this isn't u suitable for this piece of property. Thank you. Thank you so much ma'am. citizen comments. Okay, seeing none others, we're going to move on with our agenda. Uh we're now going to have open time for discussion by the quorum court on this uh appeal.

JP Massingill. Yeah, I won't uh direct add Yes, sir. So, I've got I've got two concerns. One is the u the way this looks from the highway, the way it looks in general. Um so the the process I guess for this would be if they get this approval then there will be additional reviews for their site plan.

Yes sir. This this this whole request is just like to give them the permission to use this like for like commercial use and after all of this it's going to go through like the whole process of like the plans and the site plans and the engineering and all of this. They've done like primary stuff but it's not like in-depth. So there's lots of stuff is going to go through like the process is going to go through the large large scale and if you ever had the chance to see our checklist it's about like four pages. So they have to go through all all all of them one by one and it has to be approved by the county engineers first and almost everyone city of federal like water like AR dot APA and all of this all the requirements has to come through. Would so would we have an opportunity to u put some requirements in here for materials size of fence?

You have the you you have the opportunity to put conditions today. I mean like when you approve the cup because that's Brian you if you want to talk about this more but once it comes so the cup is the only legislative act that the court can take. So you can add conditions, remove conditions, put more restrictions and they have to work around those conditions when they design for the large scale.

Okay. Yeah. I I mean unfortunately I'm not prepared to make a list of all the conditions I think would need to be placed on this property to make it acceptable. Um, kind of lost my train of thought there, but uh, yeah, I think it it needs to be something enforceable. You know, we have a problem right now enforcing uh, some of the conditions in the county. And if we we don't have something that's that's robust enough to be able to enforce the way this property looks and operates, we're just creating a problem. My other concern is using, you know, looking at Aaron Drive. I've driven down it. It's a narrow it's a it's like a private driveway.

It is private drive and they're going to improve on it since like it's like they're it's going to be part of their like part of their like uh use. Yeah. Yep. Okay. Well, my comment is I don't think I think it would take a lot of money. I think it need it needs to be more than just a DOT minimum for for utilizing this. It's like an industrial access.

Well, are that like they know their stuff like they I mean I I work with them like on different project and like their process of approving a permit is not it's not like you call me like and you're going to get one tomorrow. uh we we have a project is going to come like close soon to the planning board for a final and they applied last year and they got approved like last Thursday. So it took them that long. uh but I know their efficiency they're normally like they send their like regional engineer to do calculations and they will communicate with the applicant and us and it says like that's our minimum requirement and we know like to see like um much better improvement that the minimum and normally uh that is not just like roads it would be like the turning radius for like traffic for like fire the fire like trucks and that would be like also like state fire requirement so it's all of this there is like there is an industry standards for like road and designs and our dot like will add to it like based on what they have on on site and the engineers I know like they went to school for the outline like you're one of them.

Yeah. Yeah. Well, I I'll just say that if you were going to pick a dangerous spot to put some something like this, this would be it. You know, to me it's it's high speed. It's a narrow drive. I've got a concern about that. I I love having businesses in in our county, but to me, I've got concerns about safety. Yeah, I believe they can also like they out of this place. Yeah, they can always mitigate like for like a turn radius and like make it like wider or like I mean thicker like they can improve on all of this and as I said like you you have to you can always add conditions based like make it like safer like based on whatever like characteristics you think it's very appropriate. Yeah. Okay.

Thank you. No worries. We're going around the circle here. JP Rivera Lopez, you're next. Ah, thank you, Chair. Uh, Council Lester, uh, would it be okay if I asked you a couple of questions?

Sure. Okay. Um, one of my first questions is, uh, a lot has been made about, uh, an abuing property that has, uh, what would be, you know, deemed as eyes with cars, several cars on that lot. How much are we able to weigh in that that lot exists? Uh if it is, you know, not not appropriate for the county, can we can that factor into our decision about whether or not there's already, you know, um if it's injurous to the allowable enjoyment, right? To bring back to the criteria that we can consider, can we consider that property?

I think there's some probably some more questions that we need to answer because if based on what Dr. was saying if that was one of these previously unzoned properties um if existing in August when we made sure everything was zoned then it would be a non it would be a prior non-conforming use uh which is what we call grandfathering right so there's there's a lot of law about why you can't

make a zone and then tell a business they've got to shut down a lot a lot about it So, uh, that's something that that I don't know the answer to because I've not looked at any of that, but that would be something you'd want to consider if if that in in fact was an unzoneed property and that use was there when we zoned it in August with our new planning ordinance, um, then it's a legitimate business. And um then if that would be a legitimate business business if we were to apply that it was arbitrary and capriccious would it be arbitrary and capriccious to say that the following business being added is now an isore if there's an isore so to speak when another business exists that is functionally storing rusty cars right adjacent to that property is uh not that it's arbitrary and could be just by its front but could an argument be made that maybe our criteria is inconsistent Right. So I think what you're I think what you'd be saying is hey this this particular project is not compatible with the surrounding area and the argument against that would be well look at all the other projects places around it. Sure. I think there's certainly an argument that could be made um and would probably garner some weight from a court but that would ultimately be up to a judge to decide.

Absolutely. Um I don't have any further questions at this time. Thank you, Council JP Lions.

Thank you, Chair. Um, couple of points. The yard by Dollar General, I've been working on for three years to clean up. We're getting there. Okay. We're still working on it. We're still going through it. I know that's not what we're here, but just it came up today. The one you were talking about, Sam and I have talked about and I don't remember what it was. It was one of two things. It was either in the territorial area, which doesn't exist anymore due to state law, right? Or it was annexed by Springdale. And that's actually Springdale property, not county. I mean, quite honestly, that corner down there on Hbertton where that built that brand new teenage sexual abuse detention center, that's Springdale land. That's not county land. Okay. So, and I don't we can check it later, Sam, but it was one of the two because I I did ask about it. Okay.

Yes, sir. Yeah, that that's fine. We We'll get to that one. Um counselor, you provided a very good I it finally clicked in my head definition of compatibility at the last one of these. Do you mind providing that again, please? Go back. Go back. You got it twice what harmonious harmonious harmony. There you go.

So compatibility what I would my my point is and the courts have said this compatibility doesn't mean that it has to look exactly like that which is around it right doesn't all have to be craftsman style house with white picket fences. Uh compatibility is um can it exist in with harmony harmoniously with the with the surrounding properties like for example, and I know this is extreme and it's a it's very it's one of these things that you know and opinions are different based on compatibility, right? Uh but um this project um in the middle of it was talked about earlier in the planning board meeting were here in the middle of like the Waterford subdivision out in Goan that's not compatible clearly, right? So you're looking at the use of the land around it. um and and what that use is. And then it it really becomes can can conditions be placed on this even if they're not compatible. Is it possible to to place conditions? We've had projects before uh where someone's wanted to put something commercial in an area that was all residential. And so there was a lot of there have been a lot of steps taken uh when it when we talk about you know what do you how do you make that compatible to the surrounding area? It has to do with the lighting. has to do with the design, has to do with uh things like that that can that can make something that doesn't really fit there look like look compatible to the things around it.

Thank you. Appreciate that. I struggled with that for several years. I had like that definition, but I remember but I couldn't regurgitate it. Sorry. I'll see if I can find that with the definition. I don't remember it off the top of my head.

Okay. Appreciate that. So, and you know, I went out and and did some research because again, we we've heard people talk about, you know, the the uh contaminants that that come off the steel and that type of thing. Um, and I and I I can provide references to the website I use to get this information. So, I do have reference reipable information, but scrap metal has never been classified as a hazardous waste under federal law. Therefore, metals recycling facilities have never been considered hazardous waste treatment facilities under federal law. And I find it interesting, although it's not done that way, they already work with the EPA, if I remember correctly, Sam, that you put, they're already working with the EPA. They get inspected by the EPA. So I mean all all those things are to ensure that any type of contaminants are not being left and are not flowing into other properties and and that type of thing. Um they're required by conditions to have a storm water pollution prevention plan that is done there and as my colleague point out there is a condition for screening that talks about the privacy fence that that is written down. You know, I I drive Highway 412 all the time. I I I it's my district. I live out there. Um, you know, I I see these these slots, these spots. I mean, there there's a house over there that's got semiis parked in it and other types of equipment, limos parked in it, other types of things. And again, it's another property that's not county property. It's it's I think it's Springdale and next. So again, that that's the thing I've learned as I've been in this in this position is just because it's

sitting out there doesn't mean it's under county authority, right? Um because I ask about them. I know those are eyesore eyes. We're trying to get rid of them. We're trying to do some work. There's another one further down 412. We've been working on two years counselor, I think.

Um so we're working. It takes time because got to go through the courts. You got to go through a lot of process and and you want to be fair to everybody, right? Again, we when we talked about the new ordinance, counselor, we talked about, yeah, we've said the sheriff is the enforcer, but we talked about our our role is not just to go start writing tickets. Our our role really we want to be with the county is to contact them, let them know they're out of compliance, ask them to get into compliance, right? And then if they don't, we start enforcing them through through ordinance, through citations, taking them to court, that type of thing. So it the whole process is is is takes a while and we continue to work through that and look at that or or I do anyway. Um so I you know people speed on 412. People don't obey the traffic laws. They make illegal turns. They make um they they pull out and it's not like they're pulling out on a 25 mile per hour uh roadway. um they don't drive in the right lanes. I mean, there's a lot of things going on out there. Um but it is a highway and we all as drivers, when we get our driver's license, we're supposed to know the laws and and we need to be able to drive within that environment that's given to us. And it's just kind of the way it is wherever you're at. That's that's the roads at this point. Talked about that. Did that I think it's all I got, ma'am. Thank you.

I have a question for Sam. Actually, I'm going to put you on the spot. You test your memory. Do you remember last year before we took out commercial zoning from the big planning and zoning ordinance that we eventually passed, there was a map that went with that. It went through several rounds of revisions. Was this property in an area that we were looking at zoning commercial? Yes, ma'am. By right.

Yes, ma'am. And that's the whole reason why it was like in the no zoning because it was like on that like um stretch of highways. So, it will give the people opportunity to go start a business without like going through the process. But yes, we uh the criteria was like uh 300 ft from the median and that like it basically was part of it. Okay. All right. Thank you. Next up, we have JP Cogurt.

Thank you, Madam Chair. I just want to concern uh voice some of my concerns about the property. Um, first of all, I don't believe that the CUP is in harmony with or compatible with the surrounding area. I believe that the CUP will be detrimental to or endanger the public health, safety, comfort, and general welfare of the surrounding neighbors area. I believe that the cup will cause injury to use and enjoyment of other property in the surrounding area and will impair property values of surrounding areas. I believe that the cup will impede the normal and orderly development and improvement of the surrounding area. For those reasons, I I make a motion that we pass agenda item 8.2 to deny this conditional use permit. Okay, we have a motion to deny the conditional use permit by JP Koger. Is there a second?

Second by JP Massingill. Um what I want to say uh to the group um is that under our rules we are able to uh consider either or both of these ordinances and vote on either or both of them um during this appeal hearing. Um any discussion or any additional motions?

JP Lions, I wanted to confirm because I created that map for that district and it was commercial because I believe everything from the Springville city limits to Highway 303 should be commercial. Why? Because it's already commercial. You cannot drive 15 miles in that that area and not hit commercial business. So anyway, I just wanted to confirm that for you. That's what I made it. Um

if if we're at the point to consider the motion, I think we need to get to a third reading. Yes, that's correct. This is this is a the correct the correct motion that you made. It's a motion to suspend the rules and go to the next go to the next reading or or is that how we do it?

Right. You can advance this one um and and because it's on um unless there if there's not a motion to sus suspend the rules and advance it on to the next reading. It'll automatically go to a second reading based on motion. There can be another motion made and we've had this happen before. Will not be the first time. Um, and I said that at the last one of these we had. Um, and forgot to say that technically you can advance both of the mo both of the ordinances if they're comp if they're competing and then when we get to the third reading then that's where we'll take care of them. Hopefully you won't pass both of them. Then we have a problem. So um, that's kind of where we are on it.

Thank you for explaining that. Next up is JP Menill. Well, I just had a question. He may have answered it just now about what we're actually what the actual motion is. The motion was to advance item u 8.2. And so I'll read that by title. Um that's an ordinance denying a conditional use permit recommended for approval by the planning board of adjustments. JP Eki,

thank you. Can you have two motions on the floor at the same time? We have to. Okay. Then I make a motion that we pass 8.1 approving the CUP for von um recycling.

Hold on. Let me read it first. Okay. So, there's been a motion to advance item 8.1. I'll read that by title. An ordinance ratifying a conditional use permit recommended for approval by the planning board of adjustments. Okay. So, we have the competing uh motion to approve by JP Ekki, second by JP Rivera Lopez. JPaki, I'd like to make a motion and suspend the rules and advance this to the third and final reading. Second. Second reading, I'm sorry. Second

motion to move the ordinance to approve by JPI, second by who was this? JP Dean and a point of order by JP Koger. So do I also need to make a motion then Mr. Lester to if I want to move my forward I need to make that same motion to suspend the rules. Yes, you would need to make that motion. Okay. I I'll do that when JP Thank you, Madam Chair. I'd like to make a motion to hold

We We haven't voted on that yet. We have a motion on the floor to suspend the rules to move item 8.1 to a second reading.

And it was second bid by JPD by JPD. We got a Robert's rules of order timeout here. I've got mine right here. Here. Is there any discussion? Yeah. Okay. This is the Do we have any discussion? Oh, no. There's no I'm sorry. There's no discussion. Yeah. No discussion. So, you need to take a vote. We do need to take a vote. Okay. And do we we don't take public comment? Uh, no. Not not on this. Not on this. Not on this. No. All right. Okay. We're going to take a vote. Uh, let's What are we?

Okay. Okay, this is to suspend the rules to move item 8.1 which was the ordinance ratifying the conditional use to a second reading. So this is this is to approve the motion to approve move it to a second reading. Yes. Um can we call the role? He's working on it.

Justice passing No. No. Justice Rivera Lopez. Yes. Yes. Justice Lions. Yes, sir. Yes. Justice Eky. Yes. Yes. Justice Dean. Yes. Justice Washington. Yes. Yes. Justice Koger. Yes. Yes. Justice Dennis. Yes. Justice Hireers. Yes. Justice Ricker. Yes. Justice Pond. Yes. Motion carries. That motion carries. That's moved to a second reading. We'll have it read a second time uh by Mr. Lester.

An ordinance ratifying a conditional use permit recommended for approval by the planning board of adjustments.

Okay. Next, we have JP Koger. Thank you. Hang on. Thank you, Madam Chair. I'd like to make a motion that we move uh eight item 8.2 onto this second reading tonight. Do we have a second? Second by motion to uh move to the second reading the ordinance to deny the conditional use permit by JP Koger. Second by JP Massingill, Mr. Lester. Uh, we need to take a vote. We've already read We've read it. Mr. Allen needs to call the role for the vote on this to approve it. Okay. Okay. Wait.

To deny to deny. This is This is now voted on to read it for a second time. To read for a second time. Yeah. It is a yes vote or no vote.

Correct. So, a a yes vote will move the denial forward to a second reading and a no vote will be voting against moving the denial forward. Is everybody good on that? Okay. Okay. We're going to call the roll. Justice Mingill.

Yes. Yes. Justice Rivera Lopez. No. No Justice Lions. Yes, sir. Yes. Justice Eckie. No. No. Justice Dean. No. No. Justice Washington. No. No. Justice Koger. Yes. Yes. Justice Dennis. No. No. Justice Hires. No. Justice Ricker. No. Justice Pond. No. Yeah, you do. Yeah. Um, I get a vote as the chair as well. Justice Rio Stafford. No. No.

So that that one will move on to a second reading by operation of law. Not at the next corner meeting because we've already sent the agenda out that's been set. You've already received that. So that one will move on to a second reading at the February quorum court meeting and that date is February 19th. for that that motion to deny the cup will be on the February 19th that's correct quorum court agenda but on this at this meeting we still have alive and on the table the ordinance to approve the cup and next up in discussion is JP Eki

thank you madam chair I'd like to make a motion that we suspend the rules and pass this on to the third and final reading for 8.1 for approval Okay. Motion to move to the third and final rating. This is the motion. This is the ordinance to approve the CUP by JP Ekki, second by JP Rivera Lopez. And we're going to call the role on this. Justice Massingill. This I see the look of confusion. This is

This is now We're now voting on the ordinance to ratify approve. Yes. Yeah. This is just to suspend suspend the rules and go to the third reading. No. Justice Rivera Lopez. Yes. Yes. Justice Lions. Yes, sir. Yes. Justice Eky. Yes. Yes. Justice Dean. Yes. Yes. Justice Washington, yes. Yes. Justice Koger, no. No. Justice Dennis, yes. Justice Hires, yes. Justice Ricker, yes. Yes. Justice Pond, yes. Yes. Justice Rio Stafford. Yes. Yes. Passes. That passes. On to the third and final reading.

I'll read it for the third and final time. An ordinance ratifying a conditional use permit recommended for approval by the Planning Board of Adjustments. Madam Chair, I'd like to make a motion that we pass 8.1.

Motion pass item 8.1 by JP Ekki, second by JP Pond. Now we have discussion JP Massingel.

So I have nothing against this business in this location. Uh my problem is, you know, to make to make this safe, they're using a driveway that's currently utilized with several homes in the area. They're going to turn this driveway into an industrial entrance. Um I think that there's not enough uh meat in the process. something should have been brought along with this to ensure that we have adequate egress ingress lighting uh to make this a safe u business. So with that I want I'm going to vote no and I'm going to encourage uh some of my colleagues to vote no also.

Thank you sir. Uh JP Hires.

Thank you Madam Chair. Um just want to tell the people that are out here, you know, this is a really tough position that we are always kind of put in and our jobs are really we are trying to balance public interest and also private interests at the same time. Um and so it's tough and I know that change is like scary in your neighborhood. Um I I pretty much always vote against conditional use permits. Um but um this is the second time recently that I felt compelled to vote for it. And I am going to explain to you why. Um because um you know the the three pieces I mean if you want me to um I will explain to you why. But the three pieces that I really kind of lock in on as we were talking and I was taking notes about are first off compatibility. Um, you know, um, as I was looking around on Google Maps, I'm seeing a concrete mixing plant. I'm seeing, um, you know, a salvage yard with hundreds of cars. I'm seeing another yard that's got, um, semi pieces, um, hanging out. I'm seeing a big giant storage building. I didn't see any homes on that road. I just saw a storage building. Um, a place for like mini storage. Um and um you know so when I look at this I do think it is a compatible usage and I also trust in our planning commission um that knows the things that I don't know. Um they approved it unanimously. Um and so for number four that's where my compatibility piece stands. Um for fund number five with the public um health piece um we asked the questions of the applicants about the current uh facility um in South Fateville which honestly though I've lived in Fateville for like 28 years of my life. Didn't even know it was there until I looked at on a map today. So I've never seen it even though

I've driven past it hundreds of times or I've never noticed it. Um but we asked them about the current location which is a very busy street traffic um pollutants they are involved with ADQ they are working with the EPA so I'm taking that public health consideration off and then we move to that number seven um does it impede normal development um based on the other two piece of it um I don't think that this is going to I know it's scary and I know that we go straight to the worst case scenario So, I don't think that this is going to damage anybody's property values any more than any of the other businesses. I don't think I have I'm allowed to think. This is what I think. And I don't think it is. I think that most of the people that are here um live fairly far away up a big hill. Um and so, um I can understand, you can be mad at me, that's fine. Um this is a hard job and this is sometimes I can't make everybody happy in this world. I vote the way that I think that I need to vote and I'm going to support this. Thank you,

JP Rivera Lopez.

Uh, absolutely. And and to parrot some of the sentiments of my colleagues, um, again, it's not as though I'm I'm attempting to tell you guys how you have to feel about the way that I am voting. Um, but o ultimately I do feel that I owe you and and I believe I've explained that given the nature of these abudding properties, properties that are around you all, for us to make a decision to treat them differently uh would put the county in a poor situation to defend such a decision. That is my opinion and I'm not comfortable putting in the county uh putting the county in a position to defend a decision that I I I don't uh think is a very strong decision. Uh furthermore, I I from what I understand, um the business owners are are fairly um well, they have been very good stewards of the of the business that they have currently and they have been very good stewards for the community at large. I I I don't believe that they would approach this and add antagonistic perspective to you all. Um and so I will also be supporting this and um you all can be angry. I I understand u but uh I would not feel right about not explaining my decision to you all. Thank you.

JP Massingill.

Yeah, if you look if you look on the map there, just looking at Google Maps, you can see there's clearly at least three uh residences on this road on Air Drive, possibly more. Um, there's been a lot of conversation around the property surrounding it. I I think we would all agree there's probably some conditions there we would not accept if we had a choice. And I don't think that should condemn this whole area to be uh, you know, to go to that standard. And I I think um, you know, we have an opportunity here to enforce a higher standard and I think we need to hold out for a higher standard on this property. Thank you. Thank you, JP Koger.

Um, thank you, Madam Chair. Um, I'm just I want to understand how back to what Mr. Lester talked about. How can we have two main motions on the floor at the same time? Because I thought we could only have one main motion and these are conflicting motions.

Well, so this is this is an operation of state law and not Robert's rules of order. So, in order to move forward, you have to have you have to have a reading, three different readings. And so, the motion was just to move it forward for a reading, right? And so, when someone says, I want to move this forward for the first reading, then we read it for the first time. Um, it still has to have the other readings as well. So, if in order to do that, state law allows you to suspend the rules. So for the public to know when the quorum court passes an ordinance with the exception of emergency ordinances and appropriation ordinances which is to spend money those ordinances have to be read three distinct times. The law says that you are not prohibited from suspending the rules and reading it three distinct times or two distinct times on the at the same meeting. But it has to be read three distinct times. When we talk about emergency ordinances and appropriations, emergency ordinances um are only they're an emergency, so they have to be passed on one reading, but you have to do it with 10 votes. An appropriation ordinance can pass with only one vote if you if it gets 10 10 votes in favor. There's no then it's not required to move on. If it doesn't, it goes to the normal three reading. So, the request was to read one for the first time. You made a request on there on two competing motions and it happens because we have two ordinances here in front of us and so one ordinance did not get the requisite number of votes to suspend the rules and move it on to a second reading. So by operation of state law and it doesn't have anything to do with Robert's rules. it has to go on to to another reading unless the body takes up another motion to like table it indefinitely or something like that because the ordinance that uh one the other ordinance did get the requisite number of votes to move on to a second and then ultimately a third then we go

ahead and move forward with that and now it's up for a vote. Okay, thank you for that. I didn't understand that we weren't following Robert's rules. Well, we So, Robert's rules, we follow Robert's rules up until the point that it conflicts with state law, okay? And state law supersedes Robert's rules. So, let's say that this motion that we have before us now, if it passes tonight, what does that do to my motion that got moved on to February? It's still on the it's it like I said unless the body tables it indefinitely or postpones it indefinitely I guess I should say to be correct it'll move on for another reading and eventually it'll come up for a vote. My point being please don't pass both ordinances because then we have a really big problem.

Thank but that's up to you guys. Thank you Mr. Lester. That's I have one more question. Uh, do I need to restate my reasons why I was my my concerns that I voiced earlier now at this point or would they already be in the record? They're already on the record. We're fine. And the reason that we have it this way is because in order for you all to even have it, we have to prepare an ordinance for the meeting in order for it to be on the agenda, for it to go out so that you know what you're voting on. And to do so in a on an appeal, we have to prepare both sides. We we're just kind of here to say, "Okay, what what are we doing?" So sometimes, very rarely, both of them move forward. Never had both of them pass, but that certainly has gotten close before.

And never predict what we're going to do. I was going to say JP Koger, you are welcome to, you know, state your position on this if you so choose. If not, we're going to move on to citizen comments. Right. Your your your your statement has already been made. It's on on the record. That's what I just wanted to make sure. I won't go through all of that again because I just wanted but I wanted to make sure that everybody else was talking about it now. So, I didn't know if I needed to restate it. If I don't need to, I won't. No. Okay. Okay. Seeing no other discussion, we're going to move on to citizen comments. Uh we've got three minutes per speaker. Um 12 minutes total.

12 minutes total. Uh if you want to address this, please come up to the mic, state your name and where you're from. And if you could uh press the the button down there to get the mic and I'll make it red. Red. There you go.

There we go. I'm Louise Leone. I live on 2499 tulip tree. Uh I guess I'm having a hard time understanding CUP um LSD large scale development. Uh young gentleman here. um he needs more information to feel comfortable with approving this project. Um I mean what's holding everybody else up? Uh LSD or CUP is conditional use to an extent if I'm understanding correct. You went through the process.

I did go to the process. Yeah. But and I mean and I did get approved for that for doing my business which is Louise Marine Services. But I mean conditional use you could only do so much but you guys knowing that this is going to go largecale development. Why is it just does not go to large scale development? So there's enough um so there's enough um information so that we're not in this predicament. This is the third time we have to come here. if there was enough information to know what they were going to do, what was going to be involved, what was going to be done to safely put this business there, we probably wouldn't be here.

That's all I got to say. Thank you, sir. citizen comments.

And I know you've already previously stated your name and where you're from, but you got to do it again for the I'm Ray Eastep. I live at 16944 East Highway 412. What are we commenting about right here? Because all of that was so confusing. Am I commenting that about are you wanting comments about do we approve of the motion to pass it or are we approving?

So, so I'm supposedly saying no up here to say no, I would disapprove this motion to pass it. That's what you're talking about, the motion to pass it because that was so confusing. I don't know what it was. Um, yeah. I I think um the original reason we came in here, I don't know what that other m mumbo jumbo legos legal stuff was. And I don't really think it's probably won't pass muster if we get it. It you can't have two competing things you're voting on at the same time and discussing that we haven't had a chance to figure out what you're even talking about to make a comment on it. So, I definitely am against you guys voting to pass it. And I don't know why you have that on the floor that we're voting and discussing at the same time. We can't even make head and our tails of what you're talking about. I vote. It's I I appreciate that they really have an important position. I love recycling and they need to find a place to do their business and they are a great business, but that's a terrible location. And one of the other things I wanted to talk about that is they talk about that business and all of the photos are from C people coming from the east toward the business and you can't see that much that way but everybody's going to see that business that's coming out of Springdale are going to be looking right down into it just like the one resident saying his he's going to be looking out into a junkyard every day for the rest of his life. That's what everybody coming out of Springdale is going to be looking at when they come out of Springdale is they're going to be looking down into a junkyard that's going to go require way more than an 8ft fence, more than probably a 20ft fence to make and then that's going to be an eyesore. It's I just don't think the

whole thing is um concat, you know, it's it's we're not really talking about what's really going to be happening there. We're talking about what they hope they can what they hope they can get by with passing off as supposedly going to happen. What they say is it's going to happen to make this place look good. I'm all for the jobs and everything. And I'm not nothing against the company or them individually, but it's just going to be just like those other two businesses and every place else in the county where you can't enforce the regulations to make things do what they're doing. You're talking about things that took two, you're working on two years and three years. If you pass this and make this place acceptable and get them even get their foot in the door to get started, it's going to be 20 years before you get the the the place to get them to straighten it up when they've messed it up.

Thank you, sir. Thank you. God bless. And just to clarify for the audience, I know that a lot of the motions and everything that were going on up here were a little confusing. What's on the floor is a motion to approve this conditional use permit and that's what we're taking public comment on.

My name is Chad Rungi. Um I own property there on 412 in Springdale. Um our time understanding so we already know that there's some property in there that would did not require zoning. Um so I feel like we're getting penalized on uh because it's you guys are saying it's compatible with the surrounding area when these businesses have been there for quite some time. they were probably grandfathered in. So, in other words, like this uh with all these cars you 50 cars you guys are talking about sitting around, that's it's a body shop. There's a car dealership right next to it. So, being that they've been there for so long being grandfathered in, we're getting penalized for that because it's part of it. It's goes with industrial business. This place down here uh next to Dollar General that's got all the cars sitting outside. Again, if it's going to take two years to try to get him to clean up his place, what's going to happen when they're out of violation? How many years is it going to take to get that straightened up? I mean, it it makes no sense. We are getting penalized by the county not doing their job and saying that it's a you know, just like the little Ready Makes concrete plant. They are literally in probably 12 to 14 foot trailers. It's not, you know, uh concrete trucks hauling out of there with nothing. It's trailers that they put in there and a dry mix and you add water to it. There's nothing industrial out here, guys.

Thank you. Thank you, sir.

Kenneth Levit, Fatville, Arkansas. Can two main motions be on the floor at once in a core court in Arkansas? No. Generally, only one main motion can be on the floor pending at a time. in an Arkansas quorum court. Most Arkansas quorum courts use Robert's rules of order as the procedural guide which strictly follows this principle. One main motion at a time when one main motion is con is being considered. Another main motion motion cannot be introduced until the first one is disposed of. We change our rules as we go. That ain't right. Thank you.

Thank you, sir. Public comments. Okay. Seeing none, this will this motion uh to approve the cup is going to a vote. Motion by JP Eki, second by JP Pond. Um can we please call the role? Justice Massenill. No. No. Justice Rivera Lopez. Yes. Yes. Justice Lions, yes. Justice Ekki, yes. Yes. Justice Dean, yes. Yes. Justice Washington, yes. Yes. Justice Koger, no. Justice Dennis. Justice Hires, yes. Justice Ricker, yes.

Yes. Justice Pond, yes. Justice Rio Stafford, yes. Yes. Pass. The motion passes. Okay. Well, it's okay. Motion to adjurnn. All in favor?