Planning Commission - Regular Meeting

the regular meeting of the Tex County Arkansas Planning Commission is called to order agendas are available 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 do we have a roll call I need a picket present Jason Dupri is absent Anderson Neil present Dr Hickerson is absent Chris Owens here Cory mobs here and chairman Thomas is absent okay we have four and that do have a quum that constitutes a quum item number two adoption of the summarized minutes of the November 12 2024 meeting chair would entertain a motion yep motion to approve second motion and a second to approve the minutes and all you need is a Voice vote all in favor say I I I I any oppos and it's approved item number three conditional use permit request request by restoration restoration of Hope Richard pow 1217 Hazel Street Tex County Texas 75501 to operate a boarding house at 416 East 4th Street SL 317 La property is located is legally described as all

of lot one and West half of lot two block 55 parcel 102 101 12450 and East half of Lot 2 block 55 parcel 101 2451 se30 Township 15 South Range 28 West Miller County both of the original City containing a total of 315 Acres more or less more to um I don't believe there's anyone here representing Mr pal um do y'all want to go ahead and hear this do we have any it didn't look like there was any opposition in the list there was no opposition we got no phone calls well we might as well go ahead it okay so this is the property here this is uh it is in the historic district the historic district only gets involved if they decide to remodel the building um this right here is the Salvation Army this is the a house which is that old historic house the courthouse is over here there are actually two houses on this property there's a a main house that they're wanting to operate as a boarding house and then there's a small yellow house that they're not sure that they'll do anything with this right now is zoned 01 and as you know we allow boarding houses in R4 so they can also go into an 01 with a conditional use permit this is the house house the main house that they're looking to use this is the small yellow house um they may use it for outreach you have any questions and we had no we had no

opposition at all not even a phone call okay anybody I thought it was just a little yellow house but CL there's a little for rent sign in front of the yellow house okay anybody have any questions comments okay this true well the chair would entertain just there's anyone out here who has any opposition is there anyone here that in opposition of this request hearing none the chair would entertain a motion to approve the conditional youth permit so moved second we have a a motion and a second to approve the conditional use permit and I think we can do this by Voice vote all in favor say I I I any oppos conditional use permit is is approved item number four resoning request by Bill Duffer 1804 North State Line Tex County Arkansas 71854 to reone the property located at 803 805 807 815 from R4 medium density residential to a plan unit development for the purpose of constructing and operating an autom automotive shop property is legally described as Lots 2 3 4 5 and six 6 block 8 of original City Section 30 Township 15 South Range 28 West Miller County and contains

708 Acres more or less 42 okay this is the property that last month we approved resoning it and the board turned it down uh we were rezoning at commercial last month this month they have come back with a planned unit development the difference being a planned unit development they can only build what they tell us they're going to build where they're going to build it when you rezone property they could come in and do anything that's allowed in that zone but with a PUD if they tell us they're going to build an automotive shop that's all they can build there and they they will have to get us a site plan with utilities and fire hydrants and all that on it um since they met last time Mr Duffer has purchased this lot right here which he did not have the last time he came before us the plan for his building and Travis make sure I've got this right um the plan for their building is on this end of the property fronting onto a street right um it's zoned R4 right now it butts up to C3 and Mr Duffer owns the business right here correct there's water and sewer available on both sides of the property this is the property uh there's been no other interest in developing this property this is their tentative beginning of a site plan uh this is 8th Street here Laurel they've got four Lots they would build on this first lot here uh propos post parking lot and then the actual building it would all be fenced in um this is a new business looking to

come into town and this is the proposed elevation drawings of the building um this is the front and the rear and then these would be the sides um Travis is here to represent Mr Duffer you have any questions for him all right is that four bay doors on the left and the right side for getting in the vehicles yeah both sides of the building have overhead doors so you'll be able to literally open up doors on both sides and drive all the way through if you want to Travis if you would state your name and oh I'm Travis Phoenix I'm representing Bill Duffer and your address please 4104 East 9th Street Texas Arcana Arkansas all right anybody else have any more question the addition of that uh of the other lot is that the basic difference between uh from what you proposed at the last meeting yeah the last meeting he didn't own that lot of land and and really wasn't even thinking about buying it and he initially had the building facing Laurel Street and by buying that lot of land allowed him to turn it so it actually faces 9th Street which actually works out better for the building anyways but that also makes it so it's not spot zoning the the HS all the way to Eighth Street there on the other side 8th Street's commercial the property next to it which is Napa and all that along state line is up there is commercial so it it makes sense to Zone it uh well we're not doing commercial as time as a PUD but it makes sense for the zoning okay and then the entrance will be from 67 8th Street 8th Street yeah

mhm and all the parking and stuff will be along 8th Street also just like they are in front of Napa there they'll park right in front of the building there okay all right anybody else have any questions than last do we have any anyone in opposition please come and state your name and your address my name is Brenda bur 3720 County Avenue okay I didn't know I was going to come before you this soon after the last meeting okay uh I don't know how many of you had the opportunity to review uh the city council meeting what we voiced our opposition I to this which they denied my sentiments hadn't changed um and I conclude that you the commission and the board works in coordination with the uh developmental plan for the city and saying that this is a gateway to the city it's been designated on your comprehensive plan indicate that you're going to put a garage in the Gateway this development are supposed to be uh under the comprehension plan supposed to be a place of area for uh pedestrian traffic uh uh Aesthetics now we are talking about putting up I guess you didn't mention a fence under this PUD that's going to be included I don't know

if the the railing iron fencing with the Bob wire on top it'll be a solid that's not that's not exceded for the city Gateway uh that picture that she showed is not how the site looks now there has been preparation done at the site was a permit given for that before the zoning had been approved this resoning is not benefiting the community the the area the neighborhood is going to be a self-serving business to work on his cars they say it's not benefiting the Gateway is provide services to the community build up the community it's not building up the community building up itself I would like to ask the planning department with their approval that how is this resoning falling in line with your comprehensive plan since it's a Gateway and since it's a uh designated area for the city this area is considered downtown core and you want to put a garage with a metal fence and a bob wire in the Gateway Drive down state line and I'm not for sure but correct me if I'm wrong look on Texas side there's businesses and houses look on Arkansas side this gentleman that's warning this

has down on Arkansas side iron fences with Bob wire so if I'm a visitor to come into into town I'm going to look at one side of State Line say that's Arkansas with Bob wire fences with the fences and Bob wire what am I what kind of presentation is that giving for the city now he's wanted to come over into the neighborhood and put the same thing it's not a pleasing picture of the city garages with iron fences with Bob wire I thought that to be on the same Accord that the city planning was Guided by the comprehensive plan this is for land usage for long-term Community needs not shorttime individual gains while changes will occur it should always be amended through the comments of the community and its betterment I see last time they didn't have a submitted plan and I happen to see that they showed one this time last time the uh chairman said that that was not uh their concern uh and as I mentioned ground workor has already been done do you do you think this is the best use of our land environmental safety and for the operations of downtown will this garage provide a high quality of life enjoyed by Karen and future residents which is in the comprehensive plan vision is for the vision of the

comp is enduring neighborhoods quality of life and images and infrastructure and help I don't see any of that coming from a garage downtown Gateway area has pafic items listed as recommendations which one does not include a garage if you look on the comprehensive plan downtown Gateway area none of the items listed indicate anything as having a garage in that area so I am voicing the same sentiment I had before I think that the residential area should stay residential and we should be concerned about and that's in the comprehensive that to building up residential areas uh in that pacific area which has been designated in the comprehensive pan and to stay as it is thank you thank you good evening good evening I'm Ray bery and I live at 3720 County and I agree with everything that was just said but I would like for you all to look at 19th through 17th on the Arkansas side they own that property and the same thing that they're presenting here can be done there they already in the community but in the community of 19th through 17th and they have enough space and land to do exactly what they're speaking of here and that's my only comment and I agree and I'm not for this to be done

thank you Mr bcy can I ask you a question iove and and looked at the property and stuff and the locations and all of that and how the shout would face 8 street is it correct and then I looked at the corner there's a Goodwill there which is a shop then I looked at uh Napa which is a shop and then I drove down the street and I looked at the community that has has gone bad so to speak correct what it is the plan for the community to make that better everything is on the opposite side of where the shop will be but what what's the plan for that to be made better and I remember the old daycare center where my daughter went four years ago and so I know that you know for me if it were possible it just would need to come down that if that was just up to me okay I can't speak on the daycare center uh because it is a I think a nonprofit organization that owns it and when I checked into it all the members on that board have passed except one and her name is M darus Watson okay but they're looking to see if they have the right where they can either sell it or tear it down right now and my wife and myself we're looking into putting building something on our property well let me ask you this also to where that property is where is your property my property would be say that again two lights two lights over on across the street no no no same side running down low okay we bump the

old oril school that you're speaking of gotcha is that the one where the little house is buted up next to a fence with trees as the fence row that's on by Miss that's one more down okay and then we bumped that property gotcha and that property bumps Mr Duffer's property gotcha okay one more question go is it anybody residing in your property no no okay the only people residing are the three houses across the street correct on Laurel those are rent houses or do people own them and live there uh there people living in them and the house next to the ore uh the lady p about 3 or 4 months ago when the those two little houses on 8ighth street those are falling in so so how many how many vacant houses would you say are in that area over there on that side one two all of all of them are vacing right now two R not two ladies pass in 24 gotcha so you guys still don't agree even though they are are going to be bound to what they say they're going to do the only reason I don't is because the property that I just spoke of 19th through 17th they went in that community and did the same thing bought up the property leveled it off M and now it's cars and it's enough property to do the same structure that they're presenting right here and it's next to the

business that they're running that does that did I hear this rout that this would be a new business a new tax income for the city new property taxes new personal property taxes new sales tax more income and this is a companion business okay tag team Mr du owns thiser here and this would be a companion business to that gotcha okay there was an article in the paper about degeneration as where zoning changes made in a community usually is marginalized community individuals come in change the zone change the environment of the community because of money right because they have the money which is usually to marginalize communities which we know that this is because of the age and people have moved out but we would like to see it revitalized with with housing and that's what we plan on doing is putting housing there I don't want a garage with fenced in metal fencing and Bob wire and which property is yours the same side when you go beyond what they've cleared the dirt okay next Beyond okay gotcha okay our there's commercial property there's residential property we want don't want to be forced out because

if one comes in the next one going to come in and we're going to be pushed out let me ask you this Miss Brenda did did this spark the move to do something different in the community or were you guys already planning on we were already planning and uh Miss Thorne is already planning to uh build gotta that's Miss Miss Thorne does how many properties does she have just W up she has just uh two lots I think that's on the opposite side of the street and they they are vacant right now yes but like I said the comprehensive plan in the Gateway plan for the city this is a gateway community which doesn't include what you're trying to put in all right thank you thank you Roger Douglas give you some background 8117 Laurel is tagged 823 the bery house is tagged 836 is tagged 831 the war school is tagged the three houses 817 823 and 836 are going on demolition list this year got uh there will not be any bware around top of the fence and you don't have to have a permit for dirt work before you go into permit there's empty lots on the other side of the road there's three or four houses on that street that somebody's living in okay and most of them are in pretty bad

repair which of the house are going up the that are going on the demolition down keep going down are they on the picture or are they not on the picture I'm sorry I'm visual okay okay okay all right the pictures okay thank you sir do do we have any other numers U yeah you were asking if this is a Travis Phoenix uh you were asking if that was a companion business or something uh it is he's putting in a garage that will service Vehicles before he puts him on his car lot so this will help create more sales for his car lot and currently he's moving about 40 cars a month and uh I estimate that somewhere between somewhere around $40,000 a month in sales tax that's generated for the city so I argue this is exceptionally good for the city I have a couple things I'd like to hand y'all real Qui [Applause] this is the uh property information off act data Scout for Miss bercy and her husband they're here tonight and you can see that they own 823 Laurel but their mailing address is 3720 which they've already admitted they don't live at this property if you turn to the picture at the back though there's two pictures the first is the front of their house this is typical for this street

most of the houses on the street have boarded up Windows and Doors they're totally out of compliance with the city and these are the ones Roger is stating are tagged to be torn down and if you turn to the very last page you'll notice the meter on the side of the house is missing this thing hasn't had power in years Mr Roger what's the cost to the city to tear down houses versus having owners tear them down got okay I just saw there was asbest listed so I know that's a big no no safety wise but I think you can see from these pictures and stuff that any kind of Economic Development on this block is a good thing there there literally has not been any kind of new construction on this block for probably I'm guessing four to five decades and even the houses on that street haven't really had any kind of significant Main or anything done probably in two or three decades I mean they are really in horrible shape literally most of them I drove through there today and I think I counted on on that one block of Laurel where where that building is the side of the building is going to face I think there was three houses that looked like they were inhabited everything else was totally uninhabitable and were were falling in y'all have any more questions don't have any okay would you state your name Miss Miss bcy so just put it right Miss bery I I live at 3720 County and I don't live on Laura but I own the property on Laura uh and I appreciate him showing my houses how they look I know how they look thank you very much uh like I said

we have the intent to Bill uh and sister Thornton uh has the intent to build and just like I said the city's comprehensive plan for this area is a gateway not a garage that's the comprehensive plan so if you'll go against the comprehensive plan then you voting what you made this 20 year plan you are going against what you plan for I would like for this area to be build up as a neighborhood do you have a timeline of when you want to build we we it's can be done like do we have a plan yes we we have a plan six months a year a year okay are but we going to try to work with the neighborhood with the rest of the individuals in the neighborhood to get you going to tear down the house or are you going to have the city tear down the house since no the city is not going to tear down the house no no the city has houses all over town that's been on their Tear Down plan for two or three years yeah I've seen a couple but like I was saying uh generification you go in the man minor neighborhoods and take over m b asking what what would prevent if what would prevent you from billing in the in where on your property if this prop if this project was approved it would not keep me I'm saying the Aesthetics of it yeah would you want a garage next down the street from you with

cars I mean they said they're going to fence it in I guess he said you're not going to see cars all right uh the environment environment of a Fen in area with a Car Lot next in the neighborhood it's not aesthetic pleasing which is in your comprehensive plan right thank you are there any other comments negative or positive for the project seeing none that the chair would have any question of Commissioners the chair would entertain a motion a motion to approve a second motion and second to approve I need a picket yes Anderson Neil yes Chris Owens be looking at me yes and Cory Ms yes that resoning is is approved and of course this is not the last this has to go before the yes so you uh if uh you still have another opportunity to uh to make your wishes known with the board thank you item number five ordinance revision request by the Texan Arkansas Board of Directors to revise the notification area for special use permits from 100 ft to 300 ft okay um when we did the special use permit so you all know that when people request a resoning or Comm additional use or special use we notify people within a

certain distance of that property so when we did the special use permit we set a 100 foot notification area the board of directors has come back and asked us to increase that to 300 ft and the the main reason is if you get a subdivision that the houses are a good distance apart 100 ft doesn't capture many people so this is a request by the board and we would just be changing that to 300 ft any question question okay I like it the chair would entertain a motion so move second moved in second to uh approve this request I need to picket yes Anderson Neil yes Chris Owens yes Cory mobs yes all right item number six ordinance revision request by Planning and Zoning to create an ordinance establishing a notification area for conditional use permits to be 300 ft so our notification area for conditional use permits has typically been 100 ft in order to keep Conformity between the special use permit and the conditional use permit we want to increase it to 300 ft however in the process of researching this I realized there's not even an ordinance that requires us to notify people for conditional use permits so this is a request to create that ordinance that we would have a 300t notification area for conditional use permits okay any questions Daniel is is that supposed to say 100 in the section or is it supposed to say 300 oh I changed it on mine it's 300 okay okay okay that was my only question chair would yeah that was my mistake the

chair would entertain a motion a second mooved in second we have a vote I need a pick it yes Anderson Neil yes Chris Owens yes and Cory mobs yes ordinance revision approved item seven ORD ordinance revision revise special use permit ordinance to allow for family homes group homes and group care facilities in 01 office quiet C1 General commercial C2 Central Business and C3 open display commercial with a special use permit so the way the ordinance is written now anything that you allow in R4 you can do in these four commercial zones with a conditional use permit so we have allowed boarding houses in R4 so you could do a boarding house in any of these with a conditional use permit however with the group homes the family homes and the family care facilities we don't do a conditional use permit we do a special use permit for them so what we are asking is that we would have that same allowance for the R4 in those commercial zones but instead of a conditional use it would be a special use because that's way it's laid out in the rest of the ordinance any questions chair we entertain a motion motion to approve second motion and second to approve the ordinance revision I need to pick it yes Anderson Neil yes Chris Owens yes and Corey mobs yes the revisionist is approved item number eight uh any

comments Jamie okay our next meeting date would be February 11 2025 and the chair would entertain a motion for adjournment motion to adjourn second motion is second all in favor say I I eyes have so February 11th February 11th