Planning Commission - Regular Meeting

Um, you know,

yeah. when you're big and they know who you are, you know, but um I get like the green beans and corn and cranberry sauce and stuff like that um from um so we don't pay taxes. Okay. So that's a big thing cuz we're tax. So that's a lot donated. Good. Not enough that they could in one of my Okay. I'm recording.

All right. I call to order the October 9th, 2025 Cot Springs Planning Commission meeting. We will start our meeting with an invocation and pledge of allegiance. Uh the invocation will be led by uh Director uh Scott and then we'll do the pledge I'll lead the pledge of allegiance after that. Director Scott. Let us pray. God of Father, we thank you this evening for allowing us to be here as citizens of this great city. God, we pray that you will preside over this setting and let our hearts and minds be clear that we might be able to discuss and dialogue about things concerning this beautiful city. Help us come to reasonable conclusions that we all leave here satisfied. It's in your name we pray. Amen.

And amen. I pledge algiance 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. All right. Thank you. Miss Sweet Dopps, could you uh please call the role? Yes, sir. Bill Lamont here. Janice Davis here. Leonte Walker here. Bill Bowel here. Ashley Campbell

here. Brian Gerky here. And Bart Stafford here. Okay. Uh next we'll approve the meeting uh the meeting minutes from last uh month's meeting. Can I have a motion and a second for the approval of those minutes? I move approval of the last month's meeting. Second. All right. All in favor? I.

Any opposed? All right. So, I'd like to make a quick announcement before we go further. Item number four was originally scheduled uh to be heard today. that has now been deferred uh to the next meeting uh by the applicant. So we will not hear that uh in today's meeting. So given that may I please have a motion and a second for approval of tonight's agenda as modified. So moved. Second. All in favor? I.

Any opposed? Okay. Very good. So, the first thing on the agenda is our uh consent item. Um, may I please have a motion and a second to approve the consent agenda with staff findings and recommendations? So, moved. Second. All right. Very good. Mr. Stouter, would you please present the consent agenda?

Yes, sir. Uh, the only item on today's consent agenda is case number CU-25-142. Property is located at 121 Grove Street. It is a conditional use application to operate a coffee shop from this particular property. The finding on this request is that conditional use application submission requirements found in Hot Springs Code section HSC16-2-13.1 have been met and that the Hot Springs code section HSC16-2-8.2 2 which is our use matrix list eating and drinking establishments as a conditional use in the CTR zone and list art gallery as a permitted use by right in the CTR zone. The application narrative the operation and the floor and operation floor and loading plans demonstrate the requested land use can comply with conditional use approval standards with the imposed conditions. Therefore, our recommendation is to approve application CU25142 for Little Red Fez Coffee and Art Shop to operate from the property located at 121 Grove Street subject to the following conditions. And uh those conditions, there are eight of them and I will read those into the record. Condition one is all construction and construction activity are to be accomplished in strict accordance with all applicable approval standards conditions and with the minimum standards, codes, rules, and regulations and policies as may now or hereafter be required or enacted by the city of Hot Springs, the state of Arkansas, or the United States of America, including the Arkansas Fire Prevention Code, whether or not submitted for staff review or planning

commission approval. Number two is business days and hours of operation shall be limited to 7:00 a.m. to 9:00 p.m. 7 days a week. Number three, there are no business signs being reviewed or approved as part of this conditional use application. Installation of new signs will require review and approval from the historic district commission consistent with their adopted guidelines for the Pleasant Street Historic District. Number four, any new exterior lighting shall be fully shielded and downcast and shall contain all illumination on the subject property. Lighting shall be positioned as to not create a nuisance to any of the adjacent properties. Condition number five is this use and use activity shall not impose any undue hardship or nuisance upon nearby neighborhood. Condition six, the applicant has an affirmative responsibility to demonstrate ongoing compliance with the conditions of this approval. Violations of any imposed conditions shall constitute grounds for revocation or modification of this conditional use permit approval. Number seven, any exterior changes to the structure, including installation of new signs, will require review and approval from the historic district commission prior to that work being performed or installed. And finally, condition number eight is this conditional use approval shall expire if any of the three listed conditions found in Hot Springs Code section 16-2-14.2 2 shall occur unless an extension of the conditional use validity is granted by planning commission. Extensions of validity requests must be submitted in writing at any time prior to the date of expiration. And that concludes the presentation.

Thank you, Mr. Stouter. Um, do we have anyone signed up? Okay, no one signed up there. Miss Sweet Dogs, would you please take the role on the uh motion to approve? Yes, sir. Ashley Campbell, approve. Brian Gerky, approve. Leonte Walker, approve. Bill Vowel, approve. Bill Lamond, approve. Janice Davis, approved. And Bart Stafford,

approve. All right, so we'll move to the new business section of the agenda. Uh first uh just make a quick announcement for the folks that will come to the podium. So when your name is called, please come to the podium. Address your comments to the planning commission, not to the audience. Any questions you ask will be answered once everyone who has signed has spoken. So we understand people may have strong feelings one way or the other. So out of courtesy, unless it's your turn to speak, please remain silent. Uh this is a factf finding hearing. There is no need to repeat what has already been said. If a previous speaker has stated the points that you wish to make, you may simply acknowledge that so the hearing may proceed. The applicant will have five minutes to speak. Other speakers each will have three minutes. Please respect the time limits. So now, Mr. Stouter, would you please introduce our first item?

Yes, sir. First item on new business is RZ-25-139. Property is located at 796 Mil Creek Road. This request uh seeks zoning change approval to establish a manufactured home overlay district on this piece of property which consists of 2.29 acres of unplatted land. Okay. So, a motion to approve merely gets the matter on the floor for discussion. A motion and second do not mean that you are necessarily in favor of the application. May I have a motion and a second to approve the item with staff findings and recommendations?

I move approval of item number two. Second. Okay. Mr. Stouter, would you please present the staff report on this item?

Yes, sir. Property owner Miss Diana Griffith seeks to establish manufactured home overlay district zoning for 2.29 acres of unplatted land located at 796 Mil Creek Road, Garland County, real property ID number 82996. The subject property is zoned RN1, residential neighborhood one district, has a future land use plan map designation of residential low and is located in board of directors district number one. The property is located at 796 Mil Creek Road, consists of 2.29 29 acres of unplatted land, has 276 ft of street frontage along Mil Creek, and contains a 456q ft structure constructed in 1985. This property is located in a rural part of the city with properties on the south side of Mil Creek Road being inside city limits while properties on the north side of the Mil Creek being in the unincorporated Garland County. Properties in close proximity to this site are developed with a mixture of sight built homes as well as manufactured single family housing and a non-residential event venue located directly across the street at 809 Mil Creek known as Bella Luna. This property meets minimum map amendment area requirements per HSC 16-2-14.1 A and B. Hot Springs code 16-2-14.1F lists seven approval standards for zoning change request consideration. The application narrative states the following in part. This letter is a request for zoning overlay to enable me

to move an affordable manufactured home on my property. The price to build is not an option because I cannot afford high payments. I believe a new mobile home is compatible with homes in my surrounding area. This request meets below listed approval standards for compatibility with surrounding development and zoning as the vast majority of nearby properties are developed with either single family residential uh uses consisting of a mixture of site built and manufactured housing units and the extent to which the proposed amendment creates nonconformities as no nonconformities would be created as a result of this request and it helps implement an approved city plan uh being that the comprehensive plan forward hot springs 20 240 has a policy of expanding housing opportunities uh affordable to hot springs residents. So, the finding on this request is that this zoning map amendment request meets the application submission requirements found in Hot Springs Code section 16-2-14.1 requ and the the request meets the approval standards for demonstrating compatibility with surrounding zoning and development, the extent to which the proposed amendment would create non-conformities because there would be none, and helping to implement an approved city plan consistent with proposed amendment ment and objectives of the code. If approved, placement of a manufactured home on the property would be subject to the placement regulations found in Hot Springs Code section 16276i. Therefore, the recommendation from staff is that the board of directors approve an ordinance amending the zoning map to designate 2.29 29 acres of unplatted land located at 796 Mil Creek Road

Manufactured Home Overlay District. And if if I could, uh, there was a letter handed in just prior to the meeting by a resident in the area. They weren't sure if they were going to be able to stay when this item was heard. So, if I could, I'd just like to read that letter into the record. And it is from Wendy and Rich Kitowski. I believe I'm pronouncing that correctly. at 799 Mil Creek Road says, "Dear Mr. Stouter, we received a letter in the mail regarding a reasonzoning application for the lot across the street from our house at 796 Mil Creek Road. We understand that this is a request to change zone to establish manufactured home overlay district zoning to place a mobile home on the property. We would like to present our position against this reszoning. We have spent time and money, approximately $10,000, on removal of mobile homes that were on our property when we purchased it. We feel that mobile homes decreased the property value in the area. Thank you for the opportunity to state our position on this matter if you have any questions or need information. And it gives their phone number and it's signed by sincerely Wendy and Rich Kitkowski. And that concludes the presentation.

Okay. Thank you, Mr. Shatter. Um, could the applicant now please come forward, give your name and address for the record, and please let us know if there's anything you'd like to add. You've got 5 minutes.

Uh, my name is Diana Griffith, and I'm the property owner at 796 Mil Creek Road. Right now, I am having to rent a townhouse that so I can have a place to live, but I would really like to see a mobile home so I can have affordable housing and pay towards myself and my family instead of strangers for rent. But there's a mobile home right next to me, so I don't understand. I know these people. I've never met them, but I do know them. But they come down from up north, and I don't really know why they're disapproving it because my land has always been kept nice. So, I would just really like to get it approved so I can live comfortably on my own land. Okay. Thank you.

Thank you. Okay, Robin, do we have anybody signed up or

Oh, okay. Are they here? Do we have um Wendy Kitowski? Excuse me. I am here, but I don't really have a lot to add. I didn't really understand the zoning relication because there are mobile homes in the area. We just prefer not. But could I Yeah, please just get you to come to the podium and just for the record, give your name and address and state your position.

My name is Wendy Kitkosski and we are at 799 Mil Creek. Uh, as I said, I didn't really understand the reasonzoning because there are manufactured homes. We were just preferring to not have any more. Um, hoping that there would be a kind of a change over to um not manufactured homes, but that was our position that we would prefer not to have more, but it seems like there are several in the area. Okay. All right. Well, thank you. Um, let's see. The public discussion on the item is now closed. Commissioners, do you have any questions? I do.

Is she going to put a mobile home or a manufactured home? Can I can I answer that? Yeah.

Uh, she would be required to install a manufactured home. Uh, manufactured homes are what are constructed today. I believe they quit making mobile homes by definition of mobile home like in the 70s. So, uh, there is actually a age requirement that manufactured homes brought inside city limits, uh, be manufactured after October the 25th of 1994. I believe it is her intent to put a new home on the property. But, uh, as far as what the code would allow, it would allow, if approved, for the placement of a manufactured home on the lot, uh, manufactured after October the 25th of 1994. Well, she kept using the word mobile

and some people use that term that they use that term interchangeably. Yes, ma'am. Any other questions? Commissioners,

I'd just like to get an update on I know we had a lot of discussion about this in the zoning code revisions would ask if you would the staff would clarify. I understand there is a u understand the HUD regulation or federal regulations are 20 plus years old, but there is an inspection required. Is that correct? And maybe you can expand on that a little bit. Uh when manufactured homes are brought into the city, we we do require that they get a foundation permit so that we can uh inspect and and um guarantee that the way that it's being installed meets Arkansas requirements, building code requirements as far as the foundation, how it's tied down. It does have to be underpinned. There has to be steps and landings at all of your exits. Uh, as far as going inside the home and doing inspections, we do not do that because it is regulated federally and they're built in a factory where there are federal inspectors that are are are inspecting that construction in the factory setting. So, we we get to regulate placement on the lot, uh, where it can be on the lot, if it can be on the lot at all, uh, and how it's installed. And that's about where where our authority would would end. We don't have the authority, it's my understanding, to go inside the structure and inspect it because that's already been done.

Right. That's my recollection was we had some discussion and concern about, you know, whether something that met the federal standards 20 years ago would still meet them. And I know we we've got that on a list to come back and address that, but I just wanted to enter that in the public record. Okay. Thank you for that. Any other questions? All right, then hearing none. Miss Sweet Doto, will you please call the role on the motion to approve? Can we have just Oh, I just want to make one comment. Okay.

Um, I have a little bit of concern about a precedent of setting uh, you know, just individual approvals on a home and something like that could participate. I just want to kind of call that to attention and suggest that when we come back and revisit the overlay issue that that we be aware of that. Although on this this request I have no objection to this request. Okay. Thank you, Director Lemon. Uh Miss Sweet Dopps, could you please call the role on the motion to approve? Yes, sir. Janice Davis, approve. Bill Lemon, approve. The Dante Walker, approve. Bill Vowel,

approve. Brian Gerky, approve. Ashley Campbell approve and Bart Stafford approve. All right, that item has been approved. We'll move to the next item on the Mr. Chairman, I need to recuse recuse from this item. Okay. Very well. Yeah. Um so, uh moving to the next item. Mr. Stouter, would you please introduce the item?

Yes, sir. Uh, next item on the agenda is case number RZ-25-141. Uh, property is located uh, kind of at the intersection of three different streets, AGO, Pyron, and Cuca uh, vicinity. It is a zoning change application request to change zoning from RN5, residential neighborhood 5 district to CG uh, general commercial for three parcels uh, located again on those three streets. Osteago, Pyron, and Cuca Streets.

Okay, very good. A motion to approve merely gets the matter on the floor for discussion. A motion and second do not mean that you're necessarily in favor of an application. May I have a motion and a second uh to approve the item with staff findings and recommendations? So moved. Second. Very good. Mr. Stouter, would you please present this staff report on the item?

Yes, sir. Applicant Lisa Maronei with Rickett Mariconei Engineering Inc. representing property owner Silver Spur Properties LLC seek CG general commercial zoning for approximately 1.78 acres of land located at the intersections of Estego Pyron and Cuca Streets. Those Garland County Tax Assessor property ID numbers are 52167, 52168, and 52169. The subject property is currently zoned RN5, has a future land use classification of residential, medium, high, and is located in board of directors district number five. This property is generally located again at the corner of Osteago, Pyon, and Cuca streets. It's unplatted, consists of approximately 1.78 acres of land, and is currently undeveloped. The property is located adjacent to the finish line RV park. Adjacent and nearby land uses include, but are not limited to, recreational vehicle park, single family, residential, small offices, church, and racetrack. Hot Springs Code Section 16-2-5 under Commercial Districts 5.1 D CG General Commercial District states the CG General District Commercial District is intended to accommodate areas of commercial development predominantly located along corridors and at key nodes that serve residents, the community at large, and visitors to the city. The application states under project name, finish line RV park edition. The application states under proposed use commercial leisure

hot springs code section 1624 zoning approvals and permits under 14.1. Uh it lists those seven approval standards for zoning change requests. The proposed reszoning request responds to these responds to these findings in the following way. Compatibility with surrounding zoning and development. The subject properties are adjacent to CG zoning to the west, north, and south. The existing RV park to the west of these part parcels supports a successful overnight and day use guest experience place for guests to stay in close proximity to Oaklan Park. The requested expansion and proposed amenities add value to the existing RV park and reszoning to CG would support the expansion of that business. I would like to add um responds Oh, I would like to add it responds to a significant change in the surrounding physical, economic, and land use and other conditions as the expansion and development of Oaklan Racing Casino Resort and the Finish Line RV Park development are major changes impacting the subject area. So a future land use plan map amendment finding to planning commission is that the property's future land use classification of residential medium high is not consistent with the requested CG zoning. Therefore, a future land use plan map amendment to tourism commercial center is recommend is recommended which would support the zoning consistent with nearby Oaklan and the surrounding recreational vehicle resort. As far as a zoning map amendment finding to planning commission is that the application successfully demonstrates that the standards for favorable

consideration have been met. Planning Commission is able to establish a basis for recommending to the board of directors that the proposed change demonstrates compatibility with surrounding development and zoning and is consistent with the objectives of the zoning code because CG zone district lands are adjacent to the subject on multiple sides. No non-conformities are created and the expansion and development of Oaklan Racing Casino Resort and Finish Line RV Park development are major changes impacting the subject area. So the recommendation is that you recommend the board of directors adopt an ordinance amending the zoning map designating the subject property to commercial general and to amend the future land use plan map to designate the property tourism commercial center accordingly. And that completes the presentation.

All right. Thank you, Mr. Stouter. Uh applicant, could you please come forward? Give us your name and address for the record and let us know if you have anything else. You've got 5 minutes. Okay. My name is Mark Rickett. Um Liza could not be here tonight, so I'm filling in for her. I'm with Rick Morone Engineering, uh 1425 Victoria Lane in Little Rock. Um I don't have anything to add to the staff report. I I'm here to answer questions uh from planning commissioners as needed or anybody else uh relative to this application. Okay. Very well. Um no one signed up.

Okay. Very good. Um in that case, public discussion on the item is now closed. Commissioners, do you have any questions? Okay. Hearing no questions. Miss Sweet Dobs, could you please call the role on the motion to approve? Yes, sir. Leonte Walker. Approve. Bill Vowel, approve. Ashley Campbell, approve. Janice Davis, approve. Bill Lamont, approve. And Bart Stafford,

approve. All right. Very good. So, we'll move on to the uh next section of the uh agenda, the director's report. Mr. Stouter, what do you have for us?

Yes, sir. Just one thing to mention. Um, as y'all know, uh, as you're aware, tonight's work session on side code was uh was cancelled. Uh, an email was sent out by Kathy on Friday, October the 3. um the sign guys listening session that we originally had scheduled uh we have rescheduled now to November the 20th at 5:00 p.m. here uh in the board chambers. Um as you recall and there were several of you at the work session uh this our last work session but not all. So I'll just give you a small update. At our last work session on sign code, uh there was an agreement between those that were present that the draft was probably too long and and it was a little bit confusing on how how it was kind of put together. So, uh I think we came up with a a a direction that we would kind of change the format. Uh our plan is to take the format of the existing code and match it to the sign code goes that we've been working on in our work session. So, uh, using the format of the sign code we have and and implementing, uh, the changes that, you know, that we've been talking about and agreed upon in our work session. So, uh, our next work session has not actually been scheduled yet. Uh, we're going to try to put that draft together in that new format and get that to you in the near future. So, uh, there will be an email or a poll, uh, trying to find out, you know, what when the next work session kind of works for everybody so that we can go ahead and get that scheduled. Uh, but Don has been working on notifying the, uh, the sign companies because, again, we're going to want their input once we do come up with that kind of finalized draft document and informing them of the change from October uh, the 23rd to the November 20th meeting. So that's that's really all I had to report

on tonight. Okay. Did just for clarity me putting it on my schedule, you said that was at 5:00. That's what this Yes, sir. All right. Very good. November 20th at 5:00 p.m. Okay. Well, in that case, we just need a motion to adjurnn. Will we adjourn? Second. All right. All in favor?