Planning Commission - Regular Meeting

The regular meeting of the Texagana Arkansas Planning Commission is called to order. Agendas are available on the on the rail. So, please help yourself. We will take items as they are listed on the agenda. I will read each item and ask the person representing the request to come forward to the podium. Please state your name and address for the recording secretary. Present any information and make any comments you have about your request. be prepared to respond to any questions that members of the planning commission may have of you. Thank you. First item, roll call. Anita Picket

here. Jason Dupri is absent. Dr. Hickerson here. Chris Owens here. Corey Mobs here. Boots Thomas here. And Chairman Neil here. We have a quorum with just one member absent and we can conduct business. Item number two, adoption of the minutes. Has everyone had an opportunity to look at those or do we need a little bit more time? I move we approve the minutes as presented. Move to present it. Second. Moved and second. All in favor? I.

Any opposed? Minutes are approved. Item number three, a resoning request by Cynthia Hawkins, 506 Redwater Road, Wake Village, Texas, 75501 to rename to reszone the property located at 1612 and602 North Oats from M1 Limited Manufacturing to R3 Lowdensity Residential for the purpose of constructing a residence on the property. Property is legally described as 16 12 northeast C of lot 183 E and west 100 uh north and south subdivision 1 acre home Texas County Arkansas Miller County6002 south 112.5 of Lot one and north 152 five of lot two of 1acre homes Arkansas Miller County containing 1.44 acres more or less ward three.

Okay, Miss Hawkins, there are two lots. Hold on. There are two lots involved here. There's a lot right here and then this lot right here. She has a contract is under contract purchasing. Uh this is Oat Street. East 9inth is down here. 15th Street is here. This is the property. This is the lot that's in front of that smaller lot. Her property is in the back. And then this is the property that Dartex or Dollex owns that she is purchasing. This is the road looking north and south. Um, really the only development over there close to the property is this little barber shop which appears to still be open. Um, the property right now is zoned M1. The little barber shop is right here where this C1 is. Uh, this area is R3 and this area is manufacturing two. Um, like I said, there's really no development right here at all. And this down here is commercial. Um, but then there's residential on this side and residential on down here. There is water and sewer on Oat Street. And Miss Hawkins is here if you have any questions.

Is there access like when I drove past it? So, it's not the property that has she has. So it's not the property with the little with the tires in the that belongs to So that property with the tires is this property right here. She will be able to access the property directly here because she's buying this piece of property. But she also just for safety reasons has an easement from these people up here to come in this way. So there's access. Okay. Because I saw the two driveways. I just didn't know which. So neither of those driveways are hers. She would have to cut a driveway. President.

Yes. She can answer your question. Okay. Yeah. How are you all? Good. Right. For the record, Tiffany Willis Archie. Uh address at 33 uh County Road 737 in Texana, Arkansas. definitely the owner of the608 um property that's included in this resoning and um it's not 1608. It's not part of the reason,

right? And it states on the record for tonight that it's 1602 and 1612. So we do have a quite a few questions that we'd like to bring to the attention of the planning and zoning commission so that they can be considered and taken into the record today. and I'm here to answer any questions. So, are the either of those driveways that I asked yours? They are mine.

Okay. Okay. Could you just go ahead and just tell us what you what your plans for the project is? For our project, the 23 acres at 1 acre and lot frontage. Um there we are planning on um just remodeling repair. Is this the property here that you the 2.3 acres on the frontage right here? Yes. Where the little shed is with the tires? Yes. You're going to remodel that. PNZ cop. Yes. Smiles. Yes. Okay. And that's that's not what we're talking about today though.

It was mentioned so I wanted to make sure I brought it to your attention that we're present. If any questions were to be um developed, it's included on the hearing that I received for tonight. She got a notice from us. We're required to notify everybody within 300 ft of the property request to be resone,

right? And with the resoning, we want to take in consideration with our needs and uh in keeping with the 2040 plan for um city of texture cana that's a collector street and so we want to identify uh with this downzoning will we be afforded uh off- streetet parking. Uh what are the plans for the city concerning these matters? Because the um impact of growth is definitely needed. uh we want to support that, but we also want to make sure that our interests are maintained and I would like to put into the record some additional concerns that uh were brought forth as we did review the plans prior to the meeting. Should I bring those to you?

Just go ahead and state your any any kind of uh issues that you have with it.

Oh, into the record. Thank you, chairman. I appreciate you. So, um, with the property identified, um, in the mailing and zoning that was sent certified, we did identify that, um, the addressing on the notice6062 and 16012, but in our family records, we do show that the original carried address has been 1608 North Oak Street. So, that's a light concern because that would increase our taxes. um we all are, you know, grateful to contribute to the taxes, but we want to only take care of that. 23 acres of land. And so, um I want to make sure that there's no mismatch, uh in that area as well as our existing zoning designations. We want to maintain that grandfathered right uh because it's been maintained as the M1 designation with the residential use. Uh it was used as a uh computer uh repair uh shop for many years and um at the present we have been corresponding with um lay persons to come in and uh renovate those uses that do not require a permit uh being the flooring and the windows. We also want to bring into the record that um the city has uh clearly asked for a zoning change. Um, and uh, we want to make sure we're included in those uh, directions and rights because as we see it, it could possibly violate the established grandfather clause. So, we do want you to take that into consideration because the reasoning implex impacts, pardon me, could definitely um, conflict with the land use of R3. R3 is actually a downzoning and not a increase in our use. Um, so

that would impair our property values. And then our setback and um, rightways that I mentioned as far as our parking, we want to know, you know, will that uh, area be improved in future uses? Uh, will we be putting in sidewalks? Because that is a collector street. Transco has now moved at the end of the um, block. They're bringing in more uh vehicle traffic and uh sidewalks uh are certainly a requirement in the residential area. Has that been considered on the 2040 plan? And if so, will we be looking at 20 foot back from the center line or 30 foot back depending on the M1 or the MU designation? Uh, also I'd like you to consider uh, chairman also that um on the street parking be allowed um, in that use as well. Therefore, we'll be able to come in on the frontage and not have to have our vehicles be um, off on the side. and I kind of did a visual of that, but I don't know if this is that location. In the absence of um the city planners doing a a grand, you know, event for our neighborhood persons, I wanted to know that um in order for our residents to be in compliance with this um change that's coming, uh we have to look at the property risk and the demulsion orders. uh are they fair to our residential areas? The future use and variance I really would like you to consider. 23 acres is a small portion of area and land but it does fall with under the 10,000 square foot for building a duplex or a um small residential um property. So the land is of value. And then my conclusions and objections. Um I uh

would ask that uh if it's reszoned without flexibility that um I the owner be afforded to um the variance that I'm presenting and or the conditional process be preserved so that there can be further development rights and that's what I'm requesting today. Uh I conclude that the commission placed uh this objection and the official letter that I'll leave with you into the records and that um the discrepancies of the address, the zoning designation and the setback measurements be concluded with specificity so that we can know how the grandfathered rights can move forward as well as are the reasonzoning action can it be deferred until these issues have been taken into full note. I've included here the questions the um letter as well as the front page of the deed which comprises uh both the point 23 acres and then the rear frontage that was damaged in a fire and that will conclude my presentation.

Should I bring this to you sir? So do you not want it reszoned? I would not prefer the resoning. I like it to be maintained in one. But you want to build a house on that. It's an existing uh twobedroom there. Now, I think it's important to clarify that this is a neighbor. Yeah. To the owner who's made the request, not the person who's made the request that's on your agenda. Right. And that's why I was able to answer your question. You said, "What uh areas were those in front with the um the crossarss?" Okay. That's our property. That's your property. Yes.

So, you're against the reszoning of the property around you? Yes. Gotcha. Oh, thank you for let me just about uh you had a number of concerns that did you uh did you contact the staff about your concerns prior to the meeting? I did reach out but we had not had opportunity to convene. Okay. Well, if you don't mind just share that information that you got there with the with Jamie. Okay. Miss Jamie. Sure thing. Okay, [Music] if you hold on a second. Okay. Does anybody have any questions? I want to know where you got your law degree. That was excellent.

Oh, well, you know, I was a graduate of Arkansas High School uh a student of Kilpatrick, Miss Smith and Miss Marleene, and uh the Lord did bless me to metriculate to uh city planning uh in the Golden Triangle. So, I'm glad to serve you and glad to be here with you all this evening. I'm a daughter of Texter Cana. Thank you. Thank you. All right. Is there anyone else that has Is there anyone here to speak for the project?

You would state your name and your address. Cynthia Hawkins, 506 Redwater Road, Wake Village, Texas. The property I'm concerned about, 1612 North Oaks. My mother lived there for over 50 years. Somehow her house got burned down and they trying they put it in commercial. We're trying to get it back into residiction so we can build a single family home there. Okay. Uh can you tell us a little bit more about the size of a what are you trying to build there? Um is it going to be a single family home square footage? Anything like that? No more than like 2200 foot 24

the same piece of property. And so where will you access the driveway? Will like y'all have a cut through? Like we all have to pour a new driveway since the two driveways that are there are hers. No, her two driveways ain't got nothing to do with the I think it's just it's a right away and we we go on the side of there and pull up in our yard. We live there for over 50 years and we didn't have to use Miss Willis property to get to ours. She has a legal easement from these people but she can come in this way and she owns this property here that runs on up. Okay. So, she can come in this way.

Okay. So, she has two legal accesses to her car. Gotcha. Okay.

So, so I'm that I'm clear, Miss Jamie. And right now I'm a little fuzzy, but so that I get clear, the property in question is on the east side of Oak Street. Yes. In the industrial uh M1 Yes. manufacturing area, right? Yes. And the applicant already owns a piece of property there. She owns this piece right here. And I have a copy of her contract. She's purchasing this piece. This is 1612 back here. And this piece here is 1602.

Oh. So, we're we're moving toward Oak Street with a with another piece of property to add on to that. Is that correct? Am I correct? Yes. So, you'll have more frontage access from Oaks Oaks. Yes. Street. Okay. All right. So, we already have a piece of property there and we're adding another piece of property and then we want to reszone the entire entire group. Yes. So, we can build a single family home. Yes. Gotcha. Okay.

Well, I I'm familiar with that neighborhood and its history. Uh that is an industrial area. Uh although the land in question's been vacant. uh forever and ever. I don't know that there's ever been anything on that property in the way of industrial development. You got uh Tank Car Company down the road and AMP Supply on the other end of Oats out on 8th Street. So, yeah, they were there when we lived there.

Yeah. So, it's contingent. If we if we go to Oat Street, then it's essentially joining the rest of the neighborhood, let's say. Yes, sir. Cuz there are houses and there's little subdivision down further from the barber shop.

Houses there as well. I remember when Oak Street was gravel and uh and there were houses back in there that are no longer there. So, yeah. Okay. As a land use, I mean, normally you'd say that may not be the best use, but it's developing in that direction. Uh there's still a lot of property there. If there was an industrial use that wanted to open up, there's more than enough vacant land available. Uh in my my thoughts. Okay. And

I mean, you know what you're getting into. Well, nobody's going to move over build next to the interstate highway. Yeah. Well, there are some. I I won't say nobody wants to, but there's some on I30, but in common, no developer would go in there and build a housing subdivision next to the interstate, unless that was all there was left. So, uh, I don't we're not really negatively impacting the industrial use of the property, but and it's right down from RD. Well, the property owner and homeowner needs to understand uh and needs to truly understand this

that if an industrial application showed up and wanted to buy all the rest of that property and build some kind of industrial use back in there that was could be anything virtually in the way of manufacturing and industrial. It's going to be right in your backyard. and it's going to impact you and and there's always an effort in zoning to try to prevent and minimize those kinds of impacts. You want the industrial for the economic development, but you don't want to impact your residential developments. You want, you know, people to be able to live comfortably in their homes. But right now, you're living back next to some woods and and vacant property. But understand that at some point down the road if that land did develop uh there is the potential of there being an industrial use right behind your house. So as long as you understand that

we know you have anything else? No, sir. Okay. Any other questions? I'm good. Thank you. Cleared my Thank you. questions up. Yep. Thank you. Thank you, ma'am. Is there any anyone else here to speak for or against the project? Seeing none, the chair would entertain a motion. I move that we approve the reszoning. Second. Second. We have a motion to in a second to approve the resoning. Anita Picket.

Yes. Boots Thomas. Yes. Dr. Dickerson, yes. Chris Owens, yes. Corey Mobs, yes. And Chairman Neil, yes. The reasoning request has been approved. That has to go before the board. The next step is that it has to go before the uh city city board, right? And that'll be the first meeting in October. Okay. Whatever Monday that is. Okay. First meeting. and I'll get you a letter out.

All right. Item number four, reszoning request by Byron. Is that Dan? to reszone the property located at 700 East Broad from W1 Warehousing and wholesale to C2 Central Business for the purpose of operating a commercial amusement venue mixed martial arts as well as a bar nightclub. Property is legally described as part Southwest Northeast 1.667 667 acres and part Northwest DE.291 acres in part southwestn northeast.255 acres section 30 township 15 south ranger 28 west Miller county Arkansas containing 2.223 223 acres more or less war two.

Okay. So, if you'll remember last month, Mr. Boline came to us and had requested that we reszone at C2 or C1 or he requested we reszone at C2 to put in a mixed martial arts venue. Then, uh during the meeting, he expressed that he was also intending to operate a bar/nightclub out of the same facility. Um, there was concern about there being additional oversight. Should there be a bar or nightclub go in there? For one thing, we had not notified the adjacent property owners that it would be a bar or nightclub because we were told it was only going to be a mixed martial arts venue. So, we out of we had to go back to the the neighbors and tell them that this was what was going in there. Uh, also there came up a concern over parking. In C1, you have to have you have to provide dedicated parking, one spot per 100 square feet of public meeting space. So that became an issue also. So he came back and asked us. So we voted to reszone at C1. We have pulled that from the board agenda so far. Um it is still an active zoning request, so we can still take it to the board, but we've pulled it for right now. He has come back and asked that we reconsider reszoning at C2. Um, this would allow, y'all know the building, it's the old stone. This would allow a bar club or a bar and nightclub by right. And in C2, there is no dedicated parking requirement. It's all public parking. Okay.

And Mr. Boline is here. Um, and I believe there may be some other people here who have some concerns. Okay. All right. Anything else? Any other questions of Jamie? How many available parking spots are there current? Do we know on that piece of property? Yes. There is not, I believe, any dedicated parking on that piece of property. Maybe very little. I'm sorry. My I guess my next question would be how how many square feet is the uh facility that is I want to say something like

what's it the old stone building I can look it up on aoscope I want to say something like 20,000 that's a lot of parking spots Total floor area 25,760 ft and you have to have one per 100 square feet of public meeting space. Oh, so you know if you have offices or storage areas that doesn't count but if it's a space available to the public to meet then it's that counts in your parking requirement. 20,000 square feet. You think you said

well it's a according to act data scout it's 25,790 ft. That's the whole building. Okay. Now, the parking requirement, like I said, only pertains to areas for public meeting. So, if you had 1,000 ft worth of storage space, that doesn't count toward parking. Yeah, Jamie, the you know, the very end, very rarely do we see the staff withhold recommendation. Is that to me saying you don't like it? as a staff,

we have had some concerns from the police department concerning it. Um, and I believe I've put I've quoted uh Chief Chadway in there and he is here. Um, so I won't speak for him. It's my understanding that he was not opposed to the sanctioned events of the MMA venue, but once it became, as Mr. Boline stated at the last meeting, unsanctioned events and alcohol, then there was an issue. But I will let him speak to that. All right. Any other questions of Jamie? Thank you.

All right. Mr. Mr. Beine, you want to address your project again? Byron Belin, uh, 8121 Meuire, Ralelet, Texas. Um, basically what we're we've uh the biggest thing is with the last time we were here, they would keep they were telling us the parking. You know, parking is everything and we went completely downtown. We we have the only parking lot downtown. Nobody else has a parking lot and everybody else is using the city's uh parking spaces. And the only thing we want is to be able to utilize those parking space for overflow as well. Um, you know, because there's a parking lot, there's adjacent to us that's right by the um that antique car place.

Yeah. Uh, and then there's parking spaces um across the street from us, but they hadn't been striped. And and so if they were striped, we can also uh use those. And um there's also a building if you look to the left of this this here you it's probably inside the side of those buildings. We can pick up another 40 cars we can park inside the building. All this is one property. We have spoken to Tyler about this. There is nothing to prevent them from using the city's parking lots one that's adjacent to the auto museum. parking.

Yeah. But if they have a dedicated requirement for parking, they cannot count those parking spaces toward their dedicated requirement, right? Because they're public parking. Well, to modify the dedicated requirement, the the board of adjustments could hear that case and make a decision for the dedicated parking. I'm saying I would have to check. And Tyler has agreed that he would consider driving the street parking the angle street parking out there. All right. Okay. So, parking's your big hold up.

That's our biggest issue. Um because we have to have so many uh parking spaces. If it's dedicated, um you know, if we were C2, we wouldn't have that problem. Yeah. But if it was C2 and heaven forbid something happened in your venue, you moved away, you didn't want to grow Texirana, anything could come in and the safety of our citizens and police resources because C2 is so broad, right? Okay. Well, basically, um, we're married to this project. You're what? This project.

We're married to this project. Married. Okay. So, this is uh a million dollar project. Um, just on the purchase. That's not the re uh the rehab. Yeah. Um and and so uh this is going to be our baby. Uh, I'd like to ask you probably you mentioned last time, but my notes didn't clarify. Are are you licensed by any of the MMA sanctioned bodies? Can I approach you? I'm sorry. Can I approach you? Yes. Yes.

We're not just licensed. We have license. Every one of these is licensed. Every It's different. We've been licensed for several several years. Okay. And those are our licenses. And not only we licensed by the state, we also safe sport uh certified. Okay, very good. That was my question. All right. So, uh state of Arkansas sports license. Very good. Each one of those are different different uh categories. It's not the same.

I got you. event planning, uh, kickboxing, boxing, amateur. Um, it's just so many, uh, you know, that we're licensed by. So, do you feel like you can't do what you want to do if it's zoned C1 instead of C2? Yes, ma'am. Okay. Because of the park. Yes. Now I will add if it's zone C1, he has to come back to get an additional use,

right? Yeah, I remember that from the last meeting. Are you going to be accredited under the imm? Thank you. You plan on doing that? or the Global Association for MMA. I'm I'm sorry. I've been doing my homework here. Not to put you on the spot. Just asking. Uh we're already credited with here. We're credited with uh ISCF. Basically, uh this is basically what we do. This is for our MMA page. All right.

And so, anytime we're doing a sanctioned event, uh we have to contact them and then have to send someone out. Very good. So, yes sir. And this is the official contract championship for the championship bounce. Okay. And all that.

So, your sanctioned matches would uh would go to national standing and points and et depends on which one we go to. If we go through ISC, uh that's one uh division. Then we go we go through state of Arkansas, that's a different one. Yes. Yes. So, we're going to we're really trying to get get Arkansas uh first. the state of Arkansas was first um because they're local they're out of Little Rock. Now, do you plan on having unsanctioned matches? Do we plan on having unsanctioned? Yes, we plan on having uh there's not it's what's called sparring to see where someone is at in that training.

And we already we have right now we have already waiting um we have all the equipment to go in the building right now. Everything right now to go in the building just sitting to go. has just been sitting to go in the building. Last time when you spoke, you talked about uh having an opportunity for people that had uh disagreements or whatever that could that can come over. Yes, sir. So, uh uh any concerns about that when you talk about uh adding the aspect of alcohol and and those kind of things?

Well, most people you're not going to fight the same night. I mean, you can, but most of them they have to sign a waiver. Um, but most people, you want to get them together when they got a level head, if that makes sense. And and see if they can work out the differences. Um, because we know this texture county has a lot of um I mean, it's been downtown fighting, not just downtown, but all over the city of Texas County on both sides of the uh city. Will the bar be open only during sanctioned events? Uh, yes. Yes, we're not we're not going to have it open when we training kids.

It won't be open when we when we fighting with our children and kids. No, you can't fight. I think that's against the law to fight with have alcohol and children. They they won't allow that. So, the bar component would only be open during a professional match. Well, that and when we uh if we have because we if we have an event u we host an event then it'll be open that then it would be open for like the nightclub part of it. Okay.

But we right now my number one focus is is uh our BMF fight nights. Um that's where that's where our bulk our money is going to be coming from. You know because we have there's a guy here in Texas Canada. Well, he's I don't think he's he's not here now. They contact us this morning. He's interested in fighting and he's fighting. I can't say there's uh there's someone here, a company that they fought for in the state of Arkansas. So, they're no longer allowed to fight in Arkansas and um you know, host any events in the state. So, we're the only ones that's allowed here thus far to fight now. So, Texas don't have anybody to, you know, that can uh license promoters to promote or even uh put on the fight.

How much of that 25,000 square feet are you planning on using for that we would need parking for public meetings. Can I point to this thing? Um over here in the back in the back there's this part in the showroom. There's a showroom that splits about on the corner here that way. Uh it's probably I think that's about 8,000 square foot give or take. Uh 500 Mhm. Um, and it's just set up for that. And so that's what you would use. That would be considered the meeting space.

Well, they can meet um you can do um those they can do the the line dances, anything. I mean, the building is is set for multi-use. It's it's perfect for what we want other than the parking. Yes. Other than the parking. Okay. So, if the meeting space is only about 8,000 square feet and then we have a boxing, we got to put our boxing ring. You gota allow for your boxing ring and you can take that down and put it up.

All right. Some of our issues or some of our concerns, I won't call it an issue, forgive me, call it a concern. Some of our concerns are uh MMA fighting by its nature of course is is violent. Uh in a sanctioned event with referees, it's control violence, let's say. Mhm.

Uh in unsanctioned events, uh particularly if we're grudge matching, uh and you add a little alcohol, that could be a big problem. I could see I recall in the '9s there was a club on Arkansas Boulevard that invited large groups of people together for a night of brotherly love and it turned into a shooting match. uh and there was alcohol involved and you know it doesn't always have to be that way and and it's not always that way but it is a concern. However, let me qualify this. We in the planning commission that's not our purview. Our purview is land use and if this is an appropriate land use for this location and for this application. The city board of directors, on the other hand, the issue that I just spoke about is their purview and they'll judge it yay or nay one way or the other. So, be advised. As I said last time, I think this is an appropriate land use for this location, for this thing that you're wanting to do. I'm satisfied you have the accreditation. And I'm satisfied you have the licensing and the governing bodies that control what you will do in this application in this thing have protocols and rules that you have to follow. I I'm assuming as such.

Yes, sir. And uh if you if you create problems and havoc, you run the risk of losing your licenses and then your million dollar money was spent for what? That's so I know that you're probably serious about that as well and I understand that.

So the parking situation I think can be handled. Uh you're not going to have to put 2,000 parking spots on your property. Uh you know to cover the code. Board of adjustments can give you some leeway there. Uh if you if this goes forward through the zoning uh that's that's a doable thing I think. So I mean 8,000 square ft of usable would be what? 80 parking spots.

80 parking spots. He's got enough room there probably to put 80 parking spots on his property. And then there's like you said city property across the street that's available to you. So, I think I think it's a doable thing as far as the land use goes, but uh I caution you about your wanting to uh mix alcohol and non-sanctioned fighting together. That that may not go well for you. Yes, sir. So, those are my concerns, Mr. Chairman. That's all I had. All right.

Any other questions? Uh Mr. Beine? Anything Anything else you want to share? No. Thank you all. All right. Thank you. Thank you, sir.

All righty. Have any anyone else here to speak for or against the project? If you would just come forward, state your name, address. Name is Jason Carroll. I own the property at 512 and 524 East Broad. If you don't mind, will you pull the map back up? Now, we want to talk about appropriate landl use because you said that multiple times.

Yes. So, one of the things we we're in a unique situation. Okay. We're not We all want the city of Terskan, Arkansas to grow. We can all agree on that. The what makes this unique is we've got the entertainment district that ends at Broad and Hazel. Okay. Everything east of that has been commercial since before we were alive. Still commercial. You've got a building directly behind him. Surpa directly behind him. Commercial. You got my two buildings open weekends nights commercial. You've got a rideway right beside my building that goes to the railroad tracks. Union Pacific's back there every three months. I don't know how often y'all come down here. They set up camp there and there's 200 employees working on the railroad.

Okay. So, yeah, we're looking for parking right where right behind my building. That's a railroad tracks. Yeah. Oh, Union Pacific owns all that. got a rightway right beside my building between my building and the granite shop. They use that, we use that. Everybody uses it, but it's a it's a maintained gravel road, right?

So, when we're looking for parking, we're looking for parking that's going to stretch anywhere it can go. Y'all y'all quoted how many square foot that building's it. If he's got a full house, it's going to be there's going to be parking everywhere. The other issue is is the city parking lot directly across from my building. You're looking at a block and a half away. PD's already strained. The entertainment district is another block. How many people's going to be at this venue, walk down Brawl Street, and go to the other venues in the entertainment district? There's a lot going on here besides just using a piece of property for a business. We're talking about alcohol. We're talking about fighting that. We're not even going to get into all that. But if he's got all the parking there, they're parking at the city parking lot there. They're walking back and forth. It's not the entertainment district. So if people are walking from the entertainment district, you've got a big issue with walking through commercial property to get to a new bar across the street. Burman far life departments. Y'all want to mix that in with it? Cuz now we're talking about residential. So if if we stretch us right right across the street directly across the street now they're taking parking lot and parking spaces from the residential of Burman far and then you got noise calls and everything else going to PD. I would probably visit his venue. I mean who who wouldn't want to go see somebody get beat up? I don't know. You know we all were young at one time. I don't know that this this is a spot. And I want y'all to think about that.

All that commercial area right there is going to be impacted. It's been there for years. Railroad's not going nowhere. Let somebody park on that road and see what happens. That's all I got. Y'all got any questions? Your building is the building directly behind it. I own all the way to Hazel Street. That little triangle. That's just a vacant old building that Okay. from the early 40s or 50s. It's the Mountain Valley Water. Oh, Mountain Valley Water. Carrie, Dr. Pepper. Both those were both in those buildings. Yeah. Okay.

That old building was Eagle Distributing originally, was it not? No. Ber Tributing owned 700 East Broad where he's where the grant shop was. Bose attributing also owned those buildings that I was in. Jack Bows at one time owned pretty much that hole from from Hazel all the way down to where the railroad started and it just kind of got pro cut from there.

Yeah.

Thank you. All right. Thank you. Anyone else? Good evening, Captain Collie with the TAPD, the patrol division commander. Um, Jason has brought up some points that we was kind of going to hit on about the parking and also the proximity to the entertainment district. We are stretched very thin right now already as a department, especially on the weekends. We've got hundreds of people in the middle of the road and there's often a lot of disturbances uh associated with grouping up of people like that. Um you brought up about Burman Far being so close. There's a lot of people that are living in that particular apartment complex that is going to be affected by a business such as that opening up. Um, as far as since it's not in the entertainment district, I pulled some numbers for our another bar local. Well, I say it's not a bar. It's 906 North State Line. And the vast majority of our problems in that area all are associated with that establishment. The stuff real quick. For example, going back to parking, like our clear lock calls in that area is 93% of the whole calls that come out for that particular area. The disturbances are almost 75%. Uh the shots fired are 50% and it was 44% of the trespass calls. Every business around that one, I understand we're talking about this. It's just we're all going to be dealing with the same clientele coming to the establishments. Um, every business around there has spilled

out a power of attorney with the department because they don't want these people parking on their their parking lots because we're leaving trash and messing up their property, vandalism, all this and that. So, we don't think it's the best idea as a public safety concern to have it resed. That's it. a question. Has uh has the applicant uh consulted the police department about his his proposal for this area?

He he did come meet with the command staff and chief. I think it was last month sometime, maybe a month before. I don't remember exactly when it was, but he did come speak with us about his ideas. Yes, sir. Okay. My question is, is that is this about the venue and what he's wanting to do as the business or is this about the alcohol? Is is that that's the most

Yes. I think like was said earlier, I think the MMA part of it or the the fight part, we don't really have an issue with, but when you have a another bar coming into an already, you know, heavily an area that's already saturated with that, especially on the Friday and Saturday nights, it's going to be a problem for the PD. I don't know if I answered your question, Miss Owens, but you did. Okay. Okay. Any other questions of Captain?

So, is that a rough end of town down there then? Huh? It could turn that way. Yes, sir. Wow.

Very good. How many police officers do we have working on the weekend? It's going to vary. Um, right now we have two spots available to work the downtown. They're dedicated to downtown. Now, that's inside the green lines, the green lines,

and you know, right now it's mostly cross ties and the hideout that have the traffic and that's where the the vast majority of our issues come from. I know we talked about the entertainment district back when we uh when we first approved it and uh the chief was here was uh the former chief

was talking about it and the question was asked about uh public public uh drinking walking around in the entertainment district with public you know with a beer And the chief was pretty straightforward. He said, "If you're drunk in public, you're drunk. You go to jail." So, you know, it's it's possibility, pretty simple. Nothing extraordinary about that. So, my question is, it we don't get much feedback on how things are going. But is the entertainment district proved to be a a sore spot for you guys or has it worked out agreeably or?

I don't think it's gone as we intended it to go. I think if we were to have a, you know, bring it back a little bit to having drinking in public during special events or festivals or something like that, I think it would work. But as it's going right now, it's just turned into a big block party that's causing us a bunch of problems. Okay. Well, I know when we laid out our our uh code or our zone for that code, we were following state uh state guidelines.

Uh state legislature courts approved it and we could we could do more restrictive but not less restrictive than state law allowed. And yes, we decided we we do what the state law allowed and get some feedback on it and see how it was going from there. and board of directors could make adjustments as required. So, that's that's interesting to know. Boo, weren't we I can't remember all the exact details. Aren't we going to have some kind of a year? We're supposed to be yearly reviews and and of course, we wouldn't get any of that. The board of directors would be privy to that information. So, okay. Trying to see if the right thing.

Thank you, officer. That was informative. Appreciate it, sir. Thank you. Anyone else has? I have a question for the applicant. In percentage, how important is the bar for your business?

Okay. What's your question? How important is your bar for your business in percentage? That's probably going to be about 40% of our revenues.

About 40 Yes. Um, you know, we gonna we're going to have a super super note every month. Um, and and so we every penny is is vital to us. Um, now he was saying something about the parking in the back behind there the the city. Um, there's uh let me see your point, ma'am. Okay. Let me see. This is his property right here. Okay. If you if you were looking at that property uh that all of this is together and and actually our building our property line backs up to his so he's using this way this here this alleyway to come back to get back here

that's the easement

an he's coming through there uh I don't know if they I I'm waiting on to send me email back for the confirmation I don't know if that was a dedicated ement or not and so that's what I'm waiting for him to send, you know, send me back to that response. But, uh, if it's not dedicated, then how how is it he's going to get back here? Because this here belongs to the railroad and there's a chain in fence there and all this to the railroad. Only way you can get really by law to use this, you have to do to do to utilize that. And that was an option we we considered as well. Thank you. Anyone else has anything for or against the project? Any more questions of the commissioners? I'm good.

Okay. The chair would entertain a motion.

All right. The the request here, of course, is to reszone to C2, which would leave the venue and the bar as a use by right. At our last meeting, we chose to modify that zone to a C1, which would make the bar and alcohol sales a U required uh conditional use permit and the venue also a conditional use permit. That zone still stands as a proposal to the city board of director. It has not yet been submitted. Uh, let me see how I want to do this.

I move that we reject this this resoning and let the original resoning stand. Second. We have a motion to reject the current proposal in a second. Anita Picket. Yes. Boots Thomas. Yes. Dr. Hickerson, yes. Chris Owens, yes. Corey Mobs, yes. And Chairman Neil, yes. Okay. All righty. Miss Jamie, when would when would the original proposal go before the board? Be the first Monday in October.

First Monday in October. October 6th. [Applause] very good.

All right. Item number five, preliminary subdivision flat review request by check properties LLC 6930 Sill Road, Texas County, Texas 75503 for preliminary plat review for Autumn Creek, a 45 lot subdivision on Sugar Hill Road. Property is legally described as west half northeast section 04 township 15 south range 28 west county Arkansas and containing 80 acres more or less ward six.

Okay so this is a new subdivision out on Sugar Hill. Um if you've been out there they've started clearing the land already so you might see it. U this is Four States Fair Parkway right here. Uh Sammy Lane is over here. This is Northern Hill subdivision right here. Uh it's a 45 acre subdivision. It's zoned R1. There is water and sewer available. Uh and this is the plat. We have approved the plat. We're waiting on the signatures on the plat. Um well we'll do that when we get the final plat but um it has gone through uh review by the engineers and by all the utilities and all the associated companies and they've all approved it. So and TWW has approved it and Joe is here from MTG Engineering if you have any questions and this would be the preliminary plat. Then they would put in the utilities and the roads and come back to us with the final plat. fire department signed off on the culde-sac.

Mhm. That's underneath our 600 foot limit, right? Yes. Matter of fact, we that was one of my questions when they submitted the original uh plan and they were at the meeting. I remember when we platted this property originally back in the n in the early 2000s and that's that's a completely different plat. That's pretty neat. Is that a river running through it? It right here. It's a flood zone. Yeah.

One of the original concerns on the original plat was they didn't want access to the subdivision to the east of them. And uh the way the roads was laid out in the original plat, there was a road that was going to dead end at the property line and that had to be modified. But I see this plat has no uh no potential access to to any other property. So that's that's a good layout. I'm glad to see that something finally going. Yep. Utilities are happy. The city's happy with the engineering.

Yep. Tyler's reviewed it. The flood control or or flood plane impact. We got their their finished floor elevations 2 feet above the base flood elevation. Yeah. Which is what we require. Drainage off into the creek bottom there for off the streets. There's there's some real good topography in there. Some of those lots are steep. They're gonna It It'll be a challenge to build a house on some of those, but they built them in hot springs. So, hey, you know. Yeah. Underground utilities.

My My one big concern was the was the fire department and their culde-sac requirements, right? and I specifically addressed that with them. Good. Okay. All right. Very good. Anything else? Any questions at all? I got a question.

Okay. If you come forward and state your name. I'm uh Kenneth Wilson and I live at 6505 Northern Hills Drive. Um it's a Jim Harley House. We live there about 26 years, have 7 acres. Uh behind our house there's woods and then then I wouldn't really call it a creek, but it's uh it's a stream and it catches all the runoff. Low drainage.

Yeah. Yeah, I don't I don't have a problem with the subdivision. I've just got a problem. They they keep cutting trees down into the where the stream is. And I I don't know exactly. It's not really flagged down there. And I thought they were done, but uh to me, you can't build down there. And I'm a little worried about the stream getting filled up.

Well, I've got back. I can't see.

Are you kind of in the northwest area? rip. Yeah, I probably got it kind of goes back and forth. Margaret has the first So I think I think the drainage in that area runs

to the north. So it runs up the page. Yeah. Sorry, I'm up. So if you look at the the U part of that, the summer is Sugar Hill Road. That's to the north. The culde-sac is to the south. Okay. Yeah. And the drainage goes from the south to the north. Yeah. And goes under Sugar Hill. goes under Sugar Hill Road and heads out toward the the bottom. Huh? What's this? I don't I don't know if it's a It's not a defined creek. It's just a It's just low drainage. All the water all the water gathers up and runs that direction.

Okay. But if you come up off of that off of the creek bed, let's call it the bottom, the topography rises pretty high. If you look at your map, you'll see all the grid lines. Those grid lines is that what that means? Yeah, there's grid lines show dedicate vertical rise. For every foot of vertical rise or three foot of vertical rise, you'll have a grid line. So you can see how steep some of that is. So every line is three feet. These little lines right here. Oh, that's it. 306

3T vertical rides together going that way [Applause]

be a lot more adjusted his

only thing they may need to do is put in a retention holes for water. Yep. You're not allowed to release more water off the property than what would have been off the property to begin with. Sounds like what he's concerned is about them cutting trees off probably not clearing up whatever they

Well, there's going to be part of that part of that property this all of this all of this property over here is going to be undeveloped. Yeah. And uh you know these people have yards that come all the way back down to near the creek. in this undeveloped part of this plat. Is that the the trees you're talking about them cutting? This all of this is undeveloped, but it's part of the plant. Aren't you like over here somewhere? Yeah. Actually, I think all of that somebody else's. So, they're filling it. Yeah. That whole bottom down doesn't come up to our house.

Okay. But if they fill this up with trees and stuff and this is not clear, then the water's going. But this isn't what we're talking about tonight. This is what we're talking about. This is somebody else's. Well, FEMA plug no FEMA. They they are cutting. This is their plot, right? Oh, this is theirs, too. I thought it was just I don't know if that's part of the development or not. I thought it was just the black line. or they square over this way. So they they own that too, but it's not being developed cuz the topography is too steep. Swamps through there.

Well, you know, it comes across Sugar Hill. Okay. You know, Carrie Mosley's place back behind this pond. He goes across and he goes behind Margaret's house and my mother-in-law. Okay. Steve Douglas where Bob Dodson live back down the bottom where it goes. Yes. this all right and they're just this is theirs too west but it's not developed their whole sub this is what they were but they're clear cutting all this they're eastern and it's flooding this just trying to figure out

if you go down that road if you go down uh Trinity Boulevard there next to uh Roadrunner and you head down toward the church is there do anything but not developing. Are you leaving the trees there? You know, the not triangle, right? Platinum land we live over since it's a rectangle that y'all own. This is this going to have anything developed or is this going to stay trees? This is not part of this,

but it's not square. It's a square. I don't know when to have some value. Gotcha. Okay. Because that is being flooding. They're not flatting. But that is being clearcut. We got to ask you question. Is that being clearcut? All the stuff being clear. I figured you'd make that last. Okay. They may be doing that. Okay. But the plan may be to develop another neighborhood back up there

at that time. Okay. Okay. All right. Back back. Yes. They can't terrible.

All right. Were you able to address his question? But was I able to address your question? Yes. Yes, sir. Uh that that was my only concern. We just wanted to make sure that they didn't uh develop into the flood zone and uh they seem to keep it cutting and I'm not sure they even know where the property line is back there, but none of us even know who's doing it. So that's I was hoping that the owners or the developers would be here since they were asking for a

Yeah, I'll I'll tell you on our part. So if you ever put dirt into the flood plane, you have to submit a application through FEMA to even do so and you have to prove that you're not going to have an impact to anyone. Um, this didn't go through any of that because we did not propose any fill into the flood plane that happening. That might have to be something that is taken up and contacted with the city about kind of what I thought I was doing today. Yeah, it's okay. Could you point out to the contractor? I I can I can certainly reach out.

Yeah, just let him know that they're kind of overstepping their bounds a little bit. I I can I can send them. Thank y'all. No problem.

Your turn. I think this is a great subdivision. Please state your name and My name is Joseph Shallop. I'm with MTG Engineers. I'm here to answer any questions regarding this subdivision. Has there been any back to the flood plane thing? Has there been any discussion about retention ponds or any of that?

There is a detention pond on the site uh that is proposed. I know it's tough to see on the plat. It is if you can look at the plat if you find where block two lot one is. It's Yes. Um it starts kind of in that section and runs through down to block two, lot three. So lot one through lot three um have a detention pond on it. Lock one, if you kind of come to the culde-sac stretch, it's on the right side. I see blocks and block. Oh, wait. Two. So the retention pods up near Sugar Hill.

No, he said down at the bottom one down at the bottom. That's right. Look at me. I found it. You did. May ask about river. You're talking about the bottom of the plaid here. Bottom of the plaid is lot eight. No, block two, lot one right here. Block two. Oh, I'm sorry. I didn't understand what you were saying. Okay. So, that's your retention pond. And there's named it. It's on the second one. Proposed detention pond. Okay. Yes.

Very good. All right. [Applause] Those are some big

Are your street storm drains going to to feed into that retention pond? We have um for the culde-sac area, we have one covert across there and those lots kind of along the culde-sac stretch will feed into that detention pond. Um the detention pond is sized so anything that bypasses it doesn't make it into there. It still holds enough back um from the just the existing runoff because it also will capture um some of the subdivision to the west of it and what their contribution is to it. Okay. So we we'll capture what we need for it. Question just for information. Sure.

Planning on building houses and sell and sell lots and boats build. I don't that far yet. I I don't think I I'm the one that can answer that. Um he's the engineer, not the building. Yeah. you currently could you testify or do you currently know if there is any uh plans future or otherwise to develop the the hilltop there to the west? I don't know if um I know there's some they're looking at doing something around there. It's not they're not looking at just leaving it empty. Yeah. One section at a time. Yeah.

Okay. M speaker. All right. Any other questions? That's good. Mr. Chairman, thank you. Any opposition?

Seeing none, the chair would entertain a motion. I move to approve this preliminary plat. Second. Have a motion to and a second to approve the prelim preliminary flat. Anita Picket. Yes. Boots Thomas. Yes. Dr. Hickerson. Chris Owens. Yes. Cory Mob. Yes. And Chairman Neil. Yes. Oh my. Request approval. All right.

The only other thing I have is just to let you guys know on the 25th of October, we are having an event in the auditorium. All the benefits go toward the restoration of the auditorium. We are now working on making some progress on the municipal auditorium. So, um, if you or anyone you know is interested, give Velvet or I a call and we will hook you up with tickets. Um, all of our tables are sold. We have one table left. All the front row seats are sold. Um, so otherwise I have nothing else. Okay. Chair would entertain a motion to motion to adjurnn. Motion to adjurnn.

Second. Second. All in favor? Amen. Amen. Good job.