Planning & Zoning Board - Regular Meeting

You can always use this as well if you want to, but this is easier. Let's switch. Yeah. Wait, so I don't know how to start it. Oh, I didn't know I was not supposed to. I don't know where I'm supposed to be. Well, wherever my name right in the middle. Okay. Ready. All right. Good afternoon, everybody. If we could, I'm going to go ahead and call the meeting to order. Uh, can I get everybody to to stop? Selby, if you do me a favor and close the door outside, ladies and gentlemen, if you don't if you mind just like signing in. Okay. Thank you very much. I'm going to go ahead and call the meeting to order. We have two meetings tonight. We have the Washington County Zoning Board of Adjustment meeting which will be heard first and then we're going to have the Washington County Planning Board meeting heard after that. Uh we are at fire capacity for a crowd so we have folks outside. Um we're going to um kind of make sure everybody has a chance to come in speak that want to do that. So be a little clunky tonight but hang with us on that. U we'll start with the zoning board of adjustments meeting. I'll call that to order and ask for roll call, please. Anthony McNut here. Joe Maynard here. Warren Shackleford here. Robert Doerty here. Shantiel Priier here. Marla Pearson. Okay. So, we do have a quorum. I will call the meeting to order. Uh my name is Lauren Shockford. I'll be chair for this meeting and the next meeting. Uh we'll

start with the approval of the agenda. We have um what three items on the zoning board of adjustments lot 5A Magnolia Acreage Gilmer Variance and Harmon Estates Trails. Any changes to the agenda that are stated? No sir. As presented. If not, I'll take a motion for approval. The agenda is stated. Mr. Chairman, I move we approve the agenda as presented. Got a motion and a second. All those in favor say I. I. Any opposed? All right, let's move forward. The first item a lot 5A Magnolia acres variance uh sub request start with the staff report please. Vicinity map the site map the neighbor map. The applicant is requesting a variance to be able to split a 6.03 03 acre parcel into two tracks. Track 5C would be 5.63 acres and track 5D would be4 acres. The variance would allow the applicant to deviate from the 1acre minimum for this property. To date, planning staff has not received any complaints about this project. Okay. Thank you. Any questions of staff or board members? Seeing none, is the applicant or the applicant's representative here? Hello, sir. If you would please state your name for the record. Hold on. We need to get your need to get your mic turned on. How about now? There you go. Alan Reed uh representing Mr. Yarborough and Mr. Fifthian on a replat of I think it's lot five 5B. And if uh they're just really needing to try to get a driveway to one to attract that's not part of the subdivision. And uh when we put our heads together with planning found the

best way was maybe just to replplat it into a quote unquote non-buildable lot for driveway purposes only. So now Mr. Yarro will have access legal access to his property that he owns. He had an easement but he didn't want an easement. He wanted to own the strip that he drives on. Mr. 50 and was generous enough to, you know, deal with him and we just have to go through this process to try to get an extra lot. Okay. But if you have any questions, I'll be glad to answer. Okay. Any questions of the applicant from board? Okay. Seeing none, I'll open it up to public comment. Is there anybody that would like to comment on this replay of lot 5A Magnolia? Okay. Seeing none, I'll close public comment and bring it back to the board for action. Mr. Mr. Chairman, I move that we approve lot 5A Magnolia Acres Variance, please. There's a motion. Second. Motion and two seconds. All those in favor say I. I. Any opposed? All right, let's move on. Next item is item B, Gilmer variance. Uh, also in the county staff report, please. The vicinity map, site map, the neighbor notification map. The applicant is requesting a variance to be able to split one parcel into two tracks. The parent track, which is located within Summer's original subdivision, lot 13, is 1.96 acres. After the split, tract one would be one. Track two would be.96 acres, respectively. The variance would allow the applicant to deviate from the 1acre minimum of this property. The variance hardship is due to the ARD dot requiring a piece of land along Arkansas Highway 59. for a ride ofway in 2024. The property sat at just over two acres previously. After the variance approval, a replap subdivision will be sought to complete the splitting process. To date, planning staff has not received any

complaints. Okay. Any questions of staff from board members? Okay. Is the applicant an applicant's representative here? If you would please state your name and address for the record. James, I think he turned the microphone off there, too. I'm sorry. Yeah. James Gilmer, 22 3 89 North Road, Summers, Arkansas. All right. And you're you're the owner asking for the split? Yes. Okay. And it would have been two acres if it wasn't for State Highway, correct? Okay. Any questions of the applicant from board members? Okay, appreciate it. Thank you. Anybody in the public like to make comment on this replat request. Okay, seeing none, I'll bring it back to the board for action. Mr. Chairman, I make a motion to approve as provided. Got a motion and a second. Any other questions? If not, all those in favor say I. I. Any oppose? All right, moving on. Item C, last item on the boarding zone of adjustments uh agenda. Harmon Estates Trail Subdivision lot 21. We'll start with a staff report, please. The vicinity map, the site map, the neighbor notification map. A variance is requested to encroach upon the 25- ft building setbacks and access utility easement in the southeast corner of their property within Harman State's trail subdivision lot 21 for the placement of a new 30tx 45- ft personal use metal storage building or shop. The new proposed metal building would be adjacent to the existing primary residence. The variance would allow the applicant to encroach upon the building setbacks access utility easement by a minimum of 20 ft leaving 5 ft between the metal building and the east property

line. The location of the existing residence, the natural watershed, the existing utility easement, the building setbacks and the unique topography of the property create a significant hardship for maintaining the ecological balance to the natural water flow and prevention of erosion, which might lead to severe foundation issues of the residents in the future. To date, planning staff has received three comments not in favor of this proposed storage building size. Okay, appreciate it. Any questions of staff or board members? Okay. Is the applicant or applicant's representative here? Yeah, the applicant is out of town. U are you available to speak for him? I guess he has a representative. He's out of town for work. Hi, my name is Gene McCartney. Uh I'm the father of Tyler McCartney who uh has applied for this. He he is trying to develop and make a cover for an RV. And with the uh uh watershed on his property, there is really only one place to put that that uh cover for an RV. The uh utilities, I believe, Sam, I believe they've already approved everything as far as utilities. Uh so we're at the final step for approval here. Only question I had, sir, is there HOA POA on this property? If so, has that body made any comment on this? I can speak for this. Like they used to have a HOA and it never been renewed. So, it's like it's it's just pass. All right. All right. Thank you. I appreciate it. Any questions of the applicant from board members? Okay. Seeing none, thank you. Anybody in the public like to make comment on this request? Okay. Seeing none, I'll close public comment and bring it back to the board for action.

I've got a question. Yes sir. Uh is there a topographical map for this available? Uh we should have one in the staff report but this is like the closest we can have uh for now and I have it like in the staff report. Yeah, the there is there was no no issues with any of the uh utilities and as you can see we do have the legend here. So the utilities run around and the electric runs here like and Ozarks just said like they're okay with everything. The green is going to be the proposed building and this is the septic. So that's why he's opening another like uh uh he's closing this entrance. is using that one here for the uh going to the backyard and to the u metal building as well. But well, where where would the drainage be for this new roof? Would that be going towards the neighbor towards his house? No, it's going to be towards his. It's the same as everything else. It's just like a metal building that's going to be flat. So, it's going to like go towards his like uh drains towards him. It's not it's not going to like drain towards the neighbor because like it's away from that fence anyway. Okay. But that's one of the biggest concerns about it from defense. If I'm reading this right, it's built on it's we're encroaching on the side towards the street. Yep. So, okay. Any other questions of staff or any other questions of board members? Mr. Chairman, I move that we approve a Harmon States Trail variance, please. Got a motion for approval. Second. And a second. All those in favor say I. I. Any opposed? Okay, that's the end of the zoning board of adjustments meeting. I'll take a motion to uh adjurnn. Motion second. All those in favor say I. Any opposed? All right, we'll move on to the Washington County Planning Board. Um we will start with roll call, please.

Anthony McNut here. Jay Piery here. Joe Manard Manard Maynard. Yes. Lauren Shackleford here. Robert Doerty here. Shantel Prior here. Mara Pearson here. Okay. So, we have a quorum. I will call the meeting officially to order. Uh the first thing we'll do is the approval of the minutes of our previous meeting which was May 1st, 2025. Those have been distributed for you for previous review. uh would note that the three items that we addressed today were tabled due to lack of quorum. Uh so we've handled those. Everything else you can see uh the action that was taken in last meeting. Any modifications or adjustments to the minutes is stated. Nothing to the minutes and nothing to the agenda so far. Okay. I would entertain a motion for approval of the minutes. Make a motion to approve the minutes. We got a motion and a second. All those in favor say I. I. Any opposed? All right. Let's move on. Obviously, uh we've got a pretty heavy agenda today. Um the agenda is stated. There are several items uh for conditional use permits. Um and then we've got a couple of other items as well. One thing that happened, if you guys remember from last month, we had originally scheduled two public hearings. Uh they were the last item on the agenda a month ago. When we got to the end of that uh agenda, we ended up tableabling those items. Uh one of the requests was the county attorney to be here who which is here tonight. So I would recommend that we modify this current tonight's agenda and move the public item hearings from the end of the agenda to the first of the agenda since they had to sit through the meeting last time. Does anybody have any issue as such? Okay. If not, I'll make a motion for approval of of the agenda subject to moving the public hearings first. Got a

motion and a second. All those in favor say I. I. Any opposed? All right, Sam, you want to help us out? Get us started on this. Let me switch this. The first one I have on my agenda is the ordinance repealing the 23-26 required Eagler Crest Recovery CUP. So, let's start with that one if we can, please. Mr. Chair, would you like me to Yes. Yes, if you would. So, what this is is the um the court um passed an ordinance denying a conditional use permit and a lawsuit was filed challenging it. Um the county is concerned that in doing so there was some federal law that was violated uh specifically the Americans with Disability Act and the Fair Housing Act. Um as such there is still currently pending litigation in federal court and um so there was a state court suit that was filed in the the circuit judge which this is on appeal also. The circuit judge ordered that this was a modification of the planning code. Now granted, we don't really agree with that, but that was the order that was given. Um and so in in talking with the federal court judge in a settlement or in a conference that we had, um the county desires to move forward, the corn court desires to move forward with repealing that denial of a CUP based on how our current um basically the current planning laws that we have um putting us at uh at risk of of possibly some substantial legal fees if we were to lose this lawsuit. And so in doing so, uh, the quorum court has sent this ordinance repealing the cup, which is the second time they've got this ordinance, a different

ordinance now, but essentially the same, and has sent it here to the planning board for a public hearing. Um, in Arkansas law, you have to have a public hearing. A public hearing is just a formal meeting of a board uh where citizens can come forward and are given the opportunity to publicly on the record state their concerns. And so that's what we need to do tonight with this particular um ordinance. It doesn't it because this originated with the quorum court, it doesn't necessarily require a vote of the planning board, but under Arkansas law, we are required the quorum court is required to have this public hearing here in front of the planning board. Okay. So that's what we're here for right now. Okay. Commissioner or board members, sorry, previous job board members understand that we're we are hearing a public hearing on this. We are not taking action on the repeal. That's for the quorum court to decide, but we are taking public hearing. Okay. All right. Did everybody else understand? We're we're having a public hearing on the decision to repeal the requirement for the conditional use permit for Eagle Crest recovery. Uh I will open the public hearing up to public comment. Uh, please note that we have a large agenda tonight. So, we are going to follow parliamentary procedures. You have three minutes to speak as an individual, 10 minutes if you're speaking as a a representative of a group. If you would please state your name and address for the record and let us know what's on your mind. Hi, I haven't appeared before this body before. My name is Charles McKenna. I live at 19956 Lake View Road. In consideration of your large agenda, I will be the only person speaking on this item. I'm here speaking on behalf of the residents of the War Eagle Cove and my sister Mary McKenna. I'm here to refute the claim by Eagle Crest that it is entitled to be treated as a single family residence and that it is exempt from the conditional use

process and their claim is due to the provisions of the Americans with Disabilities Act and Fair Housing. These claims are not valid. Courts have rejected the argument that a group home should be treated as a single family home in cases such as Oxford House Incorporated versus the city of Virginia Beach. Both the Fair Housing Act and the ADA prohibit housing discrimination against individuals with disabilities, which we support. However, courts do not interpret these statutes as creating blanket exemptions from zoning or the cut process. The letter you have from our attorney Steven Zagga goes into a fair amount more detail. Over two years ago, the quorum court denied the cup and the denial was supported by the circuit court. Since then, Eagle Crest has continued to operate, which is more than a reasonable accommodation. Despite that accommodation, they've not corrected the reasons their cup was denied. Their determination to skirt the law is beyond conjecture. I ask that you trust your original judgment and uphold the denial of the conditional use permit on the failure to address requirements for certified septic system and in compliance with the Arkansas Fire Protection Code and failure to address community concerns about control of nightlighting and the delivery truck behavior. If the county allows Eaglerrest to operate without a cup, it would be violating its own ordinance, plain and simple. It would be treating Eagle Crest

differently from other applicants who have followed the rules and went through the public review and made the proper adjustments to come into compliance. That's just not fair and it's legally risky. Courts have upheld cup denials when the zoning cord was code was properly applied as in the recent MMSC dirt mine case. But if the c if the county skips the process for Eaglerest, it opens itself up to similar facilities being requesting to be able to operate without a cup as well. no matter where they are located. And it opens itself up to legal challenges for inconsistent enforcement and favoritism. I ask that you um disapprove of the proposed ordinance that would allow Eagle Crest to operate without a cup. Thank you. Thank you, sir. Appreciate it very much. And again, for the record, we will not This board is not taking action on this request. We're just hearing the public hearing. The action will be taken by the quorum court. But my uh remarks will be recorded. Absolutely. Thank you so much. Thank you all. Uhuh. Okay. Anybody else like to address this item? Okay. I would. Okay. I'll I'll close public comment and bring it back to the board. I'm just speaking as That's fine. Speaking as a member of the public. Um it is my memory serves. We as this board denied the C for that eaglerest did we not? Yes. Okay. Now there were not it wasn't a single family home versus a commercial enterprise ar you know argument that

that swayed us. It was what they were doing there. It was not suitable for that area. It's lake people and lake people's thing and that it had nothing to do with what specifically they did there. Now, in regards to treated like a single family home, when money changes hands, it ceases to be that in my view. For example, I I don't know how popular the the Weddington mine is, but if Tom Terminella chose to build a house and live there and then mine and sell that, wouldn't that be the same thing? So I would urge the um you know the planning or the corn court to to stick to their guns. They may have some conflicted legal representation. That that's certainly a factor. There are relationships with the opposite side within some members of the administration that need to be clarified. So I I'm urging also as a member of the public that we stick to the denial for normal reasons and treat them just like everybody else. Thank you, sir. Any other board members like to make comment? Okay. You feel we've met the responsibility of a public hearing? Okay. we will share address those uh comments to the quorum court and obviously you'll have an opportunity to readress this with them at that time as well. So thank you for that. All right, let's move on to the second public hearing. Uh this is the ordinance not modifying the planning and zoning laws of Washington County, Arkansas. Uh discussion of the newly proposed Washington County Planning Board ordinances. Brian, you want to take off on that one, too? So, over the past, I would say eight to nine years, um, the county judges office has been reviewing and has reviewed our current zoning and planning ordinances. And, um, gosh, I don't know,

it's been over a year now, maybe two. Um, we put forth a plan to the quorum court to change some of that up. And, and the biggest, the real change was the change as it relates to zoning. Uh, the quorum court has removed that change. Uh, so that's we won't be talking about a change in zoning because that's not what's before us anymore, but we're here on a a public hearing again on a change. And so I'm going to go through this line by line um so we can answer any questions that anybody may have. And I'll start with the well, let me start with this. State law requires that counties codify their ordinances at least every five years. And so uh for I don't know how many years. It's got to be 20 plus years prior to me coming to the county about nine years ago. Uh Washington County utilized the services of an of a of a company called Municode. Municode exists solely to codify municipal, county, and parish codes around the country and that's what they do. Um and so for a number of years, for a very long time, uh that's what the county utilized. That's what everybody pretty much utilized. Uh within the last few years, the Arkansas Association of Counties started offering codification services to its members of which Washington County is a member. Uh this is a it saves the county money. Um it's free because we're a member whereas we're paying several thousand dollars a year to have our our ordinances codified with Munichode. are. Interestingly enough, the codification, the online codification is actually housed with Munich code steel, but the codification part comes from the association of counties. And so we switched over to that. Uh the quorum court passed an ordinance making that change. Um the book that we used to have, you can go up to the county clerk's office. It's blue. This is the new one. It's a it's green. It's from the Association of Counties.

The problem is if you go to look and want to read through the uh urban and rural development portion of that it's very small. Um as you can see this is it. There's a reason for that. The quorum court had gotten in the habit of amending the codified code when it was changing what it was doing. Arkansas law is very clear that only an ordinance can change an ordinance. And if you're going to change something, you have to change the ordinance. The codified code's there just to help people. Currently, our planning code, these are, and this is front and back. This is every uh ordinance we have on the books for planning and zoning. and it goes back to the 70s. Okay? And so, um, instead of people having to thumb through this and try to figure out if somewhere later down the line there was an amendment or if it was changed, we direct them to the codified code. As it stands now in our new codified code, uh, the zoning and planning, this portion of it's not in there. There's a list of about 105, that's how many there are, 105 ordinances with hyperlinks so people can go look at those ordinances and try to figure it out from there. Because of that, we recognize the need to rewrite not in the old cod, not exactly as the old codified code was written, but in a way that would allow the association of counties to come in and codify this code in our new system. And so to do so, uh, planning and I got together and we utilized the previous codified code. This is a copy of what that used to look like. It used to be chapter 11. Uh, in the new section it is, chapter 13. Uh, the numbering system starts at

1300, whereas this is 11. You can see. So naturally, there were a lot of cross references in here that had to be changed. I'll go over a lot of that. But this was kind of what it kind of what we're looking at uh just the table of contents. And so the first thing um after the table of contents that we get to here are the definitions. And so we'll start we started ours exactly the same. What you'll see is this that you have right here is exactly in the same order that what we are proposing to be passed by the quorum court. And essentially with a few very few exceptions essentially it's the exact same thing that we have and I'll point out every single change and difference and Sam and I can explain what that's for. So we started with definitions. The issue is there are definitions all throughout the old code. So Sam took it upon himself to take and put all those definitions in one spot instead of having multiple areas that had definitions. And so the ones that are highlighted in yellow are the definitions that we've moved from the old parts of the code up to the definition section. Uh so you can see accessory buildings and uses adjacent administrative officer agricultural uses. I won't go through all of them, but you can see there are a lot of definitions that have been moved up. um a lot of things that we try to make sure we clarify really well and um that's the first portion. Now, now there's a lot of it that is the same as you can see. 26 county engineer, county plan, county planning board. Um the ones that were in there are still in there. We just added a bunch that were kind of u kind of spread out throughout the plan. And so um we actually even added a notification area as a definition so that people could better understand what that

notification we get a lot of questions about the notification because as our the code that's been written and passed there are two different notification areas depending on the project. A conditional use permit has one area of notification. A large scale development has a different area of notification. So, we've differentiated that so that people can see that there's a difference because we get a lot of people that say, "Well, I live within so many so many feet and I didn't get notification." Well, that's because that's for a different project than what we're looking at. Um, so I'm going to keep kind of going on down. There's not a lot um there's a lot of new terms, but anyway. So that's that's the first section which would be section 11-1 under the old plan old code 11-2 was an anti-displacement plan. We removed that. The reason for that is that was passed by a resolution. Resolutions aren't binding. You don't codify resolutions. So it never should have been in there. Doesn't mean it's gone. It just means that it's not codified because we don't codify the the AAC. if we left it in wouldn't codify it because they don't codify resolutions. Section 11-3, attorneys, engineer surveys, real estate licenses. This was something that we talked to the board of realators. They came and met. We talked about this and an issue they had. And basically what this says is it's, you know, it's on it's the, you know, every attorney and engineer and surveyor and real estate agent and abstract title company, mortgage and lending institutions have to tell everybody that they talk to about our code. Well, we realize that that's not going to happen. I mean, that's not feasible. It's not practical. There's a vast majority of people don't know. People that do know, sure, uh, but most people don't know. Most attorneys can't tell you what Washington County Code is. And so, at their request, we removed this. We weren't enforcing it. It had never

been enforced and it had never been an issue. So, that was removed. So, then we get to article two, the planning board reestablishment. There was a planning board. it was taken away and then it was reestablished. We changed that just to kind of say the establishment, you know, the board is established pursuant to 1417203 of the Arkansas code. We put in here that it's both the members of the planning board are also members of the zoning board of adjustment. The the Arkansas law is clear on that how that operates. This is just so that there's a little bit better understanding. The parts that are highlighted in this reddish reddish orange are the changes. I'm happy to look at if anybody has any questions, but we can we changed the wording a little bit. As you can see here in membership, we added the zoning board of adjustments. We added the zoning board of adjustments. One thing that the old ode code had here, you see duties and functions. U if you look right here, 17-17, Arkansas law is not even codified the same way as it was back when this was passed. So, this number right here wouldn't get you anywhere if you were looking. So, we went in and we updated those sites so that now you can go and find the actual the law on that. Again, zoning board of adjustments, uh, we changed this to say that the zoning board of adjustments and the county planning board, you all by vote get to set when your meetings are going to be held. Uh, kind of clarify that for anybody. Um, unfortunately for all of you, compensation hasn't changed in a very, very long time. We'll move on. So, next we get to building regulations. Um, we did a little we we tried to do some updating of this to bring them up to current times. And so, um, here we we have a whole section. You can see just like there was um well, we removed the exemption from the underground facilities. Another um that was another resolution. Portable

toilets uh that we have. We updated this uh Sam actually did to basically say, "Hey, you got to follow federal law, federal code. We don't I mean there's no option for us. It doesn't change anything. It is what it is." Um the rest of this is exactly the same. The mo moving of buildings or occupancy. Um nothing changed there. We did we took the there was a form that was hard to follow. If you look um this one's not as bad. There are some that get a little bit get a lot worse. the formatting got off a long time ago and so they're hard to follow. We pulled those out, put those in the back so that people they weren't listed there. Um, same thing here. Uh, the occupancy permit. I'll be real honest since we've been here. I think I've only had one issue of somebody moving a like a house and it was an issue because they got it stuck and it was an issue because it was there a couple of days and it was not fun to deal with. Actually, we've had two of them and none none of them came and got permits from us. Um, and so, um, but it is what it is. I think we updated these permit prices, I think, Sam. Yes, sir. To bring them up because, uh, they were they were from what they were way back whenever they were 70s. Um, and the violations and all are the same. Procurement of professional services. There's a law that says that the quorum court can pass an ordinance that says they don't have to do formal bidding for the procurement of certain professional services. The corn court years ago decided to do that for um contractors acting as consultants, but again, no change there. Section four is the land development area. Um there was a I think this was misspelled. I think it said the Washington County um placing board or something. So, we changed that um lot size and parcel. This was updated

to to better coincide with what is the current state law. Is that right, Sam? Yes, sir. And so, that's all we did was bring this up so that it it is exactly as the state code and and fits perfectly with what the health department requires. And at any time, if anybody wants to stop and look at the cross reference of where it was, let me know. I'm happy to do that. I've got them all marked so I can tell you exactly what section it was. You can go we can read them word for word if we want to. Um again a lot of stuff that doesn't change. Uh here under this uh topography uh what we had at the time was I think it was 10 foot intervals or something or something. It was real outdated. Uh technology has gotten so much better. So Sam updated this to allow people to use other things other than the old topography and to make those intervals different on what we we have lighter that's like up to like one to two inches. So okay, we changed the number of copies. We added that some you could just submit one PDF. There's no point in submitting 13 copies anymore. We'll take one PDF. You're going to you're going to get paper. We'll take six. We'll go from there. Uh we updated the site as you can see here back to the other sections. Um we kind of this was the submission and the uh Sam updated kind of the process that we use kind of explained it a little bit better as to the plat review committee who that is and the process that they utilize. And so it was really just putting language in that better reflected what we are currently doing and have been doing for a while. And just to clarify, all of this already been discussed with the quorum court for over a year and a half. So the yellow, as you can see, I noticed some scrier's errors. I'll go back and fix those. Those should say step three instead of step four. Still the same thing. Um we added on the preparation and

construction um the plans, we've added the administrative officer along with the county road superintendent. and the administrative officer from the um the de facto administrative officer is our planning director unless the county judge or the planning director have someone that we if we get to the point where we have a full-time somebody that does that other than the planning director that can happen. So we've just added um a couple of people to also be able to to approve what's going on to get everything updated. Uh, we added a little Senate little part here about your you've got to get the Department of Health and the other utilities when you're going to go and change these things. Again, you can see some scriveners errors. I I will take full responsibility for those and not catching those sooner site change added a PDF um change the section here so that it fits. The purpose of this is so that the AAC can then codify it under their sections and headings and all that. Same thing here. Same thing on changes of our copies here, sites. Um, planning board action upon review of the final plat. We added some language to clarify. Um, and the approval will be provided in writing by the administrative officer. I think it said county judge, but in practice it was always the planning director that that sends out a notice to the applicants to say, "Hey, your project has been approved. You can move forward on what you're doing." Um, so we changed that. Um, I think we added the road superintendent, county judge as people that can submit or the signatures. We currently have to get signatures from the county judge, the road superintendent, and the planning director. And so we've updated to reflect that. Um, one thing that we did change, one one substantive change is, um, Sam felt like the best play, the better or group

to assess or set fees for planning would be this organization. You guys are more intimately involved with the process and what's going on. The core court can change that if they want to. Um, but it would allow the planning board to actually work with the planning department and set those fees as necessary should changes need to be made. But those were updated since as part of this codification, correct? What's that? The fees have been updated from what was we have not updated them since I guess last time 2016. Yeah, we're going to work on this because like everything is changing and we we pay a lot a lot I mean like towards the work than what we get and almost every city is like charging maybe three four times that what we charge. So Okay. So, but that's something we'll address. Absolutely. It's going to come to you. No problem. This here the existing condition it was 10 foot contour intervals. We changed it to 1, two, five or 10 to to due to the new technology. Um, signature block for the planning administer officer/planning director. Um, and then we added something a little detailed pl checklist and signature blocks. Just something for people to know where they could go to find that information. It's just a section change given the new section. This is a uh this Sam can you speak to these this update the plat survey submitted. Oh this shows that a minor that what requires a minor subdivision. Yes sir. Just because there's a lot of questions about that I think. Yeah we it's just a clarification. And it was in it's in our code like it's already there but it's not explained and most people like the surveyor would know it but like lots of people they will go and tell the surveyor no that's okay let's do this and then when we sub when they submit to us we tell them that yeah that we cannot do this as we cannot process this as an exemption it has to go before the planning board. So basically one of the things that's in our code it's always

like five acres. If you're creating more than five acre like two lots that at less than five acres it has to be treated as a minor subdivision and come before the planning board for too many reasons. We're connected to like lots of regulations fire safety uh health department. So that's one of them. Uh let's say like you have 10 acres and you're going to split this like five five it's fine. But if you have like seven acres, you're going to split this like five and two. That's a minor subdivision. It's basically the same process, but it has to come before you so we can make sure they have all the requirements that matches the septic and all of that. And it needs to be approved and get the signature from the utilities and the health department on that survey before it's been recorded for record. So if someone sells it, at least like you know that went through the whole process. Okay. We also added a violation section because there was no violation section. there were this this had no teeth. And so in order for the the planning board to actually or the planning team and the planning board to actually enforce these rules, you have to have violations. And so some violations were added. Okay. So let me stop you there because that's one I I get asked quite a bit about as we approve things. Who's going to regulate it moving forward? So this actually has monetary fees for violations. Correct. Correct. What's code enforcement? Whose responsibility is that? Who's going is that planning? Is that sheriff's office? Okay, that's the sheriff's office. Thank you. I appreciate it. Who's going to find what a violation is oral if there's a disagreement? So, the planning department would be the one that would notify the sheriff's office of a violation and the sheriff's office would then issue a citation and then if they somebody wanted to disagree with that, they take it to court because it's a ticket like anything else like you would if you were appealing your speeding ticket or something, you would go and it'd be adjudicated by a district judge. It's it it's complaint based. that comes to us and then like we go from there. Yes, sir. Right. The planning

department, the the the executive branch ultimately, uh the county, I guess you could say the county judge's office, but that all comes it all comes originally from the planning department regardless of of what happens. They're the ones that make the determination. A change. Yeah. A change, right? The county judge can say, "I want to find you for this." No, the county judge can't selective enforcement could occur. Okay, moving on. Uh, we got residential lot. I think Sam updated this to one acre because that's what our minimum lot size is. Yes, sir. Yeah, for the residence. Yes, sir. Uh, let's see. Um, we changed this here. This used to say in the county fire marshall. We don't technically have a a full-time county fire marshal like we used to. It used to be housed in the sheriff's office. And so we've turned all a lot of those uh those review over to the local fire department because they're the ones that have to look into any of these issues and determine whether or not uh they can respond or if anything's needed. And so um that's something that we kind of lean on the fire departments to county judge the local fire department. That's correct. Right. The Yes. The change is it the only change here was this said and the fire marshal and we changed it to the local fire department and the administrative officer the the plan because we don't have a fire marshal correct was in the previous yes there's a whole lot of road stuff here that's not changed not touched I'll skip over Um, we added just for clarification purposes, compliance. There's a lot that come up sometimes we get questions about the sewer system. So, we noted that you have to comply with these ordinances that were already passed and we included them with this as an appendix so people

could find them more easily without having to go to find them. And that was just to help with clarification. We changed this to the Arkansas Health Department. Used to say Washington County. They're no longer county health departments. They're state health departments. Um I'm not sure what this we so there were there were several changes that were made on some of these because of there was a change by the legislature whereby the legislature has done away with the extr territorial jurisdiction area of this municipalities. And so we had a lot of language in here that talked about that extr territorial jurisdiction area or what a lot of people call the future growth area. So, we've had to remove all that because the laws changed and so we no longer defer to the cities in those areas. The county has been forced to reabsorb all that. So, we made some changes here. When did that go in effect? That will go into effect on August the 5th. Um, it was approved um April 16th. So, it should take like 90 days from that. So, I would say about about 90 days from the end of the session. So, anything that wasn't didn't pass with an emergency clause goes into effect on August the 5th. Yep. The new laws. Um, let's see. Um, we added a provision here. This was engated communities for keypads that all emergency services have access to those keypads. Fire, EMS, along with the sheriff's office. As you can see, some site changes. time limit for development permites. I'll let Sam talk about this. This is more this has already been this has already been there but it was like scattered like in different places. So you just like compile them like and we try to consolidate everything in one place to tell you if you're doing large

scale you have to uh finish everything within and you can always apply for like an extension and we can get you the administrative or the planning director like at the time can give you like 90 days extension back to back. So that will extend it like by another like half a year so you can finish up. It's already been there nothing has changed. it's like being moved from one place to another to make it like more consistent. We updated the hazardous chemicals to uh comply with the current hazardous chemicals and basically we just referenced what the federal government says the hazardous chemicals are. Um prior to this, I mean I don't remember what year exactly back in the 80s or 90s they passed there was a long list you can't even read it. The the if you go look at the ordinance it's so blurry you can't read what it is. So, we just kind of updated this to say, "Hey, these are federal laws. These are hazardous chemicals." To make that a little bit easier. Um, we did change the notice uh requirements. Um, we are trying to get away from the county planning having to send these the ones that are responsible for sending notices out and put that on us on the developer or the applicant. Uh, the reason for it is ultimately the developer applicant would pay for those anyways. Maybe hopefully a lot of times when they got denied, they wouldn't pay. um and you know we couldn't get in touch with them. They get new phone numbers. So what what we are proposing is that they be the ones that get this notice out. They're the one they're required to send them out in time. They've got to show that they're out in time. They've got to send them the same way in the same time manner that the county would. The planning department though will give them the list of neighbors within each area. So they won't have to go figure that out. We will actually still provide that information. Sam's team will get that to them and then it'll be on them. They'll be out the expense and they'll be out the time to get that done. It's not tying up our planning team and that is common place for municipalities in this county and for other counties

municipalities. Yeah, we're actually the only county in the state like that still like doing that. So I think a great change and one of the things we're going to do also like we're going to provide them with the labels. So it's not just like the names or a list. So go ahead like print this and stick it and like go from there. We're going to give them also like a format for the neighbor notification, email, everything. That's exactly what needs to go out. Just send send this and we're going to give them a time. Uh you need to prove give me like a proof that all this went out by this time so we can have you on the agenda next time. Yep. Okay. Thank you. Absolutely. Um we did we did add some language here. This is all under what section four which is land development. There was a lot of confusion about who the appeals go to and so we added language that wasn't hasn't been in here that makes it very clear that the appeals procedures that are discussed in this section since passage back in 1991 that's when this ordinance that were that's originated and I can go back and show you the language but we wanted to make it clear that that for this it's only in this section um that any appeals of a conditional use permit is dealt with in the conditional use permit section that all goes to the court. So, there have been a lot of confusion because there's this this sentence um that says the county judge may wave the above appeal requirements. However, the county judge's decision shall be final. Again, that goes back to a 1991 ordinance. And so, so so that people understood that that's that has nothing to do with conditional uses. It has to do with what's listed in here um and what was listed in that 1991 ordinance. Okay. Um here we're just saying that the zoning board and the administrative officer sign off on um the variance like you've just had process that we currently have. Yeah. The administrator officer basically is the default like position for almost everything we do in

the uh in the planning department and we can always like have Yeah. It's either like the planning director or like one of the employees. So we this is basically the default position for anyone in the office. Can I ask a clarifying question? Turn your mic on, would you? Yeah, I got it. I got it. Uh, and I hate to back you up for what you just talked about, but on the county judge portion. Yeah, I've I've received some comments and so we're saying that actually nothing in that language has changed from what it originally was about the county judge having final say. Nope. Did I misunderstand? I can if you want to see the the original ordinance, I'm happy to No, no, no. I I'm um just just explain that again. The first some of the first um land regulations that came out was passed in 1991. It was 19 actually it was 18 or 1980-50 uh was the original one. And just for clarification, this is on land use. some land use only, not conditional use. Make sure because that's I've gotten a lot of those same questions and that's very specific. That's why I wanted not conditional use permits or any other action. Yeah. So, I didn't interrupt you again. Ordinance 1991-9, which was filed April 12th of 1991, is where that language originally comes from. Um, and it that that's the exact language that was used in that ordinance. Um, it's kind of hard to read because it's old. See if I can find it for you real quick. I can look here. See, bear with me a second. Um, get to here we go. Uh, enforcement inspection

penalties down in article eight of this particular one. There's also a lot of old um drawings that we had been using too. We've updated those in the new one. But 8.02.3 in that ordinance says the county judge may wave the above appeal requirements. However, the county judge's decision shall be final. In 1989, there was an ordinance updating that and that remained the same. And those are the only time that those 1980, 1991, and 19 or I guess 1993. Maybe it was 93. Maybe I'm getting it wrong. Anyway, there's three ordinances there. Um, and so that that was that's the original language. Nothing's changed. We haven't we our goal here was not to make any substantive changes. We were really trying to update this to get it up and get exactly what we had so that we at least have something on the books that we can then start going in and the quorum court or the planning board can go in and start updating but the people have something they can go find in a codified code and again it didn't have anything to do with conditional use permit had nothing to do with 198 was specifically to state this is for land use only conditional use goes back to when those three ordinances were passed there were no conditional use permits conditional use permitting did not come about until 2006 Yeah. November. Okay. Thank you for that clarification. Yeah. Um see there anything else? We put a section here about you know the county we won't accept everything into the until the final plat's been approved so that applicants know that you know that all that you have to hit all these barriers before we will accept the final plat. Um we did change the violation amount. It's all we've changed is the violation amount. Um, and we put a put a section in here that says the sheriff's office shall issue citations. Um, and the quorum court authorizes the

prosecution, recovery, and collection of these fines. We've had a hard time with, you know, there have been penalties. There's a penalty that's already in, but it doesn't say how people get that penalty. Who who who writes a ticket? We can't write tickets. Uh, the county judge's office. We don't have an enforcement office. And so the only option we have was for the sheriff's office. So we wanted to clarify that um that you know that's the desire of the quorum court is that people that are violating our rules and our laws that that the you know it's just like a city code violation the police come out or or code enforcement. We just don't have that. So it all defaults back to the sheriff's office. Okay. Um then we get into road base and roadways. And as you can see there's no change whatsoever in any of this. Um this is exactly as it has been written um and as it currently stands. Storm and drainage requirements again I don't think we made any changes there. Inspections yeah that's industry standard. So we did not change anything. So um I really don't think we get into any changes until we get to the zoning. Um and and so this changed and it was changed back and so these some of these changes are what the quorum court has put in. Uh it defines a conditional use permit. Um and uh this these conditions of approval, these were things that the quorum court added back into this u not too long ago, a few months ago, some language they added back. So we added in uh the rest of it is is pretty much all the same. Um this section um some again some things that the quorum court changed to kind of clarify better the process that was that was being used or is currently in place. Uh this talks about the you

know um extending the uh planning board's got to approve it. Um you have to be in conformance with your site plan. um talks a little bit about the development plans run with the property. I mean, it's really just a clarification on what we currently have. So, language that been taken from different places into one section. Yeah. Um time limits, appeals, variances. Uh we notification we we made, hey, we're going to this is going to be just like what it says the notification is. Um again, fees, planning board, and then list of the fees will be housed at the uh planning department. Um we added that um this is already in. We moved it up to here. Basically says that if this board approves, disapproves or denies the application, the planning director within 15 days of that will let the applicant know why the planning board did what they did. Yeah. Normally we do it the next day. Yeah, I don't think there'll be any issues there. Um, again, changed from the county providing these notices of appeal to the applicant providing the notices of the appeal. Uh, we added that the people can, you know, denial you can reapply uh if you amend your permit or a new project scope. U you can reapply so that you don't have people that get denied and then turn around just reapply the same thing and and keep doing the exact same thing. uh flood damage. We had to or we had to update our flood uh prevention code. It's been adopted by ordinance 2024-3. Uh that was required by the federal government. All of this that you see in here is the language word for word that you get from that ordinance that's already been passed. Yeah. And that was like the red stuff that was sent by FEMA to me and so like that has

to be there. So a lot of it was the same from the previous flood ordinance that we had. Um, and then so then we get down to the placement of the antennas. And I don't believe we have any changes there. Let's see. Yep. And that's it. And then all we have under that we have the app the um appendixes that we talked about um which some were up in the ordinance. We moved them a little bit easier. We also, as you can see, has some really nice drawings where we had some really bad drawings. U we've updated those. Um, and so that's it. That's what we're doing. Uh, like I said, with the exception of a few changes, minor changes, uh, it is essentially what we currently have just gives us the ability to have that um, codified so that we can have that out for people to people to look at. So, at this point from the board, I'll take any questions that you may have. I'll give it a go. Go ahead. Uh, explain to the folks the the the difference between land use. We were talking about a minute ago we were talking about land use versus cup and land use versus zoning. And what is land use? What do you decide on land use if not zoning? Well, land use would be things such as variances, uh, lot setbacks, um, the acreage per lot. You know, we have that oneacre minimum. Lot splits. Yep. Uh large scale land use doesn't seem to make sense. No, it's it's basically like uh the zoning and the conditional use permit. That's a different definition by the state. Land use anything you do that like has to do of changing the uh out outlines or the property boundaries as is. So let's say you have 10 acres. You're going to split this like four

ways between like your your kids. So that there's a section there that says exemption and under this exemption you can't do this as a family but that's a land use. I mean if you see like in our agenda like our agenda is split into two conditional use permit and land use. So whatever land use or land development like falls under it is uh the exemption we do this administratively because like there is no need for need for any approval. uh minor subdivision uh replat of a subdivision uh large scale uh that all like falls under like u changing the boundaries and the use and not the use the boundaries of the property itself. Well, see that's that's my dilemma. What use does not mean boundaries. It means what do you do on it? Yeah, that is a conditional use permit. So, if it's not agricultural, zoning is how you use your property. Zoning is how you use your property, right? Land use is the same thing or no? I I could Joe, I don't disagree with the wording. I'm I'm tell I'm asking for the folks out here. If you've got a suggestion on a better wording, I think that'd be great to make that. Well, it would be it would be advantageous to define what it means before you give or continue to give the somebody the power to you know there is no power there is no power like given or taken Joe that is basically like planning standard everyone is using this land I mean I hear the words but I got to see believe my eyes yeah but that's like standards that's like the definition maybe standard but so the land the land use that you talk about Joe is literally what's listed in here, the changes, the conditional use, if you go and look at that, I'll try to get to it. I mean, all you have to do is read what's under those headings to know which one applies. Okay? So, if you go to conditional use permit, you won't have anything that talks about lot splits or any design standards like that. That is that's a zoning change, right? That we call conditional use. And

so, it lists out the um what the corner court has previously approved for the criteria. I'm trying to get to it if I can get to it somewhere. Scrolling. Um, and it talks about the zoning. There's only one zone in Washington County, right? And so any change from using your land as a single family residence or an agricultural purpose, a farm, a whatever that may be as defined by the quorum court, that would be a zoning decision. So part of this too has to do with the standard of review on appeal on one of these. And so one of the issues that we have and I can tell you this uh from dealing with it extensively. We were I was down in front of the court of appeals a few weeks ago trying to explain to them this difference because it gets very confusing because of the way in which our cup process and and and how this is all written. And this doesn't change what we have here is not changing any of this. But you just because it doesn't change it doesn't mean it's good. I understand. We've got to get something we can codify is what we what we need is what? Um this is Huh. Just get anything. We've got to get what we currently have in a format that we can codify. That's what I'm That's my goal. If everybody's still on board with doing it that way. Well, so of course that's the core court's job decision. Yeah. I mean understand that's the court's job. But I'm trying to get a definition for the people who can understand what they're voting to approve or disapprove. I mean that's it's extremely important. Zoning is completely different than land use. All right. Well, so at this point, Joe, we're not voting to change anything really. I mean, there are a few minor changes. Well, we're voting to codify something that is already we don't want it. It was codified, but maybe we don't want it. You know, I don't know. And I'll tell you, in September of last year, at the request of the county judge, I prepared an ordinance and presented it to the quorum court that would repeal zoning in Washington County alto together. And the court didn't even add it to the agenda. Okay. So I get what you're saying but your argument then is with the quorum court because ultimately the only it's

not an argument it's just a definition so we can understand what we're giving people power to do. Second thing there is a definition for land use like up there. We'll look at that and see how please but uh there is there was something in there I recall and you may recall it is there was some three-year retroactive thing. This applies to permits back three years. Is that still there? No, it wasn't in what I went through. Do you recall what I'm talking about, though? That it was a three-year retroactive thing. I don't recall that. I don't know where it is. I've not seen that in here. Okay. Well, that was a concern at one point. Okay. And something was there, but now it's not there. There's been a lot of changes back and forth. And I understand the technical stuff and the administrative stuff and I agree with all of it, but I'm just wary of it's a may or a shell and these kind of changes that I see happen in Little Rock all we didn't change any maze or shells in this job I just showed you. But who is going to take we're going to take somebody's word for it. If you're going to take our if you're not going to take our word for it, so I don't know like what to say Joe on the on the technical things. Absolutely. Yeah. Okay. Don't take my word. look at the look at the previous code and read it word for word for this. That's what I did and that's why I went through and I highlighted every single thing that changed. Well, there there was a lawyer who reviewed that recently and he was not happy with it. I understand that and I you know, sure it it doesn't read great. I don't disagree with Mr. Everett. He's a very good attorney. Um I asked him if he had read all of the old ordinances and he said no. Um and so I have gone through all of the old stuff and I've I've listed out word for word. So there's there's nothing here uh that is being snuck in or anything. And and as a matter of fact, I think we've had members of the quorum court that have gone word for word through this to understand that. So I understand it, but if if you really want to understand it better, Joe, I would encourage you to look at what we had and I'd be happy to send all of these ordinances and everything to you and let you look at

that to familiarize yourself with it if that's what you would like. I I know how to get to them. I I know how to find them. just a confidence problem. Well, I mean, I guess the question is then that if you're not confident, why wouldn't you go in and check it yourself? I don't think that's my responsibility. I don't have a vote on it. Well, then whose responsibility you and I'm I'm here to inform, make sure these people have the right information. Joe, you're you hear you're putting out concerns which are valid and we've addressed those. But if you're not confident in the answer you got, then it would be on you to go and check and double check that what you're being told is true. Correct. If it's not your responsibility, whose responsibility is it? It's the quorum courts and it's the people's. Well, you're the people, Joe. Yeah. Well, I I'm against it. I understand. But you're still the people. You just said that. Yeah. I'm one I'm one guy and I'm against it. I take when I see an ordinance that has changed so much, so so widely over the last 12 months, it it just raises my suspicions. Right. The zoning part changed and it has been removed. That's really all I have to say to you. the way it was. So, any other questions of board members for the county attorney? Okay. Public comment. Anybody in the public like to make comment on this. Turn the microphone on. State your name and address for Reminder. Like you have three minutes stops each. Okay. Yeah. Good afternoon. My name is Kenneth Love it. I took the ordinance, the first part of the ordinance, put it into AI. So, we try to break it down. We all know that it depends on the side the lawyers are on as to how the ordinances are written. One word can take on several meanings according to who's talking about it. But in the AI report, it broke it down into key

takeaways. Says major changes and new frameworks. The act makes many substantive changes to how development is handled. For example, it flips the existing process for conditional use permits, which currently go from the planning board's recommendation to final approval by the quorum court into a new workflow. It also centralizes authority. more decision-making power shifted to the elected county judge with an appointed administrative officer overseeing zoning compliance, notifications, enforcement. I didn't hear none of that in that statement earlier. A lot of uh it flips the existing process and then it gives more centralized authority to the county judge. The county judge in my opinion right now is a narcissist. He's disrespectful. I've had several discussions with him. He turns around, walks off. He won't listen to me. Need to do what's right, folks. Thank you, sir. Appreciate it. Well, I'm back. I'm Charles McKenna, 1995 Lake View Road. I'm here tonight mostly in favor of the work of Brian and Sam. Uh it's really is a lotable reorganization of a pretty messy bunch of past ordinances, but in some ways it falls short what is needed to protect the rural areas of Washington County. And I just do think it's worthwhile to read it all through the for example the whereas C clause in the draft on the front page says a new ordinance will allow for actual zoning and reszoning. It it

doesn't. And the under Arkansas code 1417209 the planning board not the quorum court has the authority to create and administer zoning. You have both the power and the authority to ensure this ordinance will address problems. There are two key areas and they're covered pretty thoroughly in letters which I've sent to you and I I know you've got a busy agenda, but I will say that we all know that the conditional use permits are one of the most common flash points in local land use disputes. And if we want to reduce conflict and protect property owners, we need specific mandatory conditions in that ordinance. We often have said, well, we think that we should require and there's opposition to requiring it because we don't have the authority to require some condition. So I suggest that there be mandatory conditions that apply to all nonconformant uses. And I've emailed you a complete list. But for example, with the wedding chapels, you would have the power to have a limit to 85 dB and have the sound turned off at 11:00 at night if this was included in the ordinance. You could require them to keep their lighting on their own property. You can have them conceal parking lots, junk vehicles, and storage areas as a conditional use. You can have them require proof that their septic system can handle the use. you can require them to certify that they are in compliance with the Arkansas Fire Code. And at any rate, it's especially important when you think about the RV parks. There ought to be a significant barrier required 15t thick, 15 feet tall of shrubbery. If this were built into

the ordinance, you'd have the authority to require them. And the last thing is to say you need to look at page 46. Right now, the draft says people can appeal your decisions to the county judge. That's not allowed under Arkansas law. Arkansas Code 14-56425 makes it clear appeals of planning board decisions go to the circuit court, not the county judge. That's page 46. That section of the ordinance must be revised. It's different from what you have now and it makes the whole ordinance vulnerable. In closing, I urge you to just take the opportunity to strengthen this ordinance, not just reorganize it. Let's use this moment to fix known problems, to make your lives easier, and to keep us out of court in the future, and to protect the rural parts of our county. Let's not make it easier for RV parks, dirt mines, subdivisions that harm our countryside. Let's make it easier to protect the rural parts of Washington County. All right. Thank you. Thank you, sir. Appreciate it. Hey. All right. We're going to stay professional, ladies and gentlemen. We've got a large group. We've got a large agenda. We're not going to go back and forth. No applause, no no outputs, please. Thank you. If you would please state your name and address for the record. Uh Robert Massenill, JP District 3, 324 Lake View Road, Elm Springs, Arkansas. Um so when I first looked at this ordinance uh in the beginning of the year, it had uh created zoning districts for commercial and industrial and the attempt or the purpose of that was to try to protect some areas and then guide

development in others. Um, but it didn't do a good job at at doing that and it created a lot of problems that was pulled out. So, what I really think needs to be done is we need to hire a consultant to put together a future land use plan to help decide where those areas are appropriate for development and where those areas are not appropriate development. Um, so you know, I just all the other cities and I believe Benton County has probably done that. It seems like Washington County is an outlier for some reason in this effort. And um, so then the other thing is, you know, I I really do believe we need a good well-ritten organized code. Not sure this is should I'm not I don't think this should this what we're looking at today should be the final product. I mean it may be needed at this point in time but you know consultant could also help come up with something that's easy to follow got a good uh you know good sections good u you know table of contents and that sort of thing. So, um, but what what I really wanted to to, uh, ask you is, you know, when you look at the bylaws for the planning commission, the planning commission is supposed to recommend um, these ordinances to the corp court, but it seems like the planning commission has kind of been bypassed. It's it came to the court directly. And really what I would like to see tonight, uh, what I'm asking for is somebody, um, you know, put forth a motion to either recommend this or don't recommend this to the core of court. I don't see why that can't be done. Um, I know it's not required, but um, you know, I really I think this is is more in line with what the process should be. Starts at planning, planning

recommends it, the corp court. So, thank you. Thank you, sir. Appreciate it. You pull it down. Yeah, go ahead. My name is Cesley Duncan. I live in Durham unincorporated. So, I'm really here to talk about the spirit of the legislation, the proposed ordinance, and what my experience has been in attending these meetings and communicating with folks since September of 2024. I think there's several issues that I want to address. The first is a lot of JPS and uh planning board members aren't receiving emails. I want to echo what Robert Massenuel just said and that we need a coherent land use plan. I'm actually for that. One of the things that has created some mistrust for me is I have 10 years experience in underwriting conversations around mitigation for flood catastrophic losses like wildfire. So I've had hundreds of thousands of conversations about this things these things the topography of the land and such. So, one of the things that created mistrust for me is the first draft that came out where we reszoned like 4,000 parcels and it was both sides of every major highway throughout the county to include Highway 16 out in Durham unincorporated where I reside. Now, the topography of that valley is such that it narrows as you go out towards the county line and get into Madison and then you start climbing in elevation. So essentially, it's a drainage valley and it's a funnel. Highway 16. Once you start climbing up in elevation, you get up into the pig trails, it's not stable. It washes out all the time and it's a flood plane. So there's that.

Now, if we're going to be talking about entrepreneurs and investors and that kind of thing, as an entrepreneur and investor, wouldn't you want like a basic level of underwriting done on parcels that have been reszoned for commercial development so that you're not having to do some of that yourself because you're not going to be able to get insured on a lot of these and you may not be able to get financed on a lot of them. brings me to my next point. The ecological value of Durn Unincorporated in particular, really high biodiversity. It's a flood plane as I mentioned, but there's a lot of ecological aspects of that particular area that I don't feel we should even be looking at for commercial development. Point blank, period. And I feel like our land use plans need to start taking into consideration these things. And because I've got thousands of hours logged in these conversations where people are building in wildfire areas, their fire line scores jumping from a five where you can write a policy to a 12 within 6 months where you can't or it's going to be five figures a year more than the mortgage payment. We have to start taking those things into consideration and we're in a beautiful situation. It deserves our time. It deserves our effort. And the other thing about it is too the disconnect for me is that we've been told that everybody's working really hard on this and I understand that you are, but I looked at it on its face and was like, "This is a flood plane. There's water blocks. you can't get new water taps in these places. It took me two hours on the phone calling water authorities to figure that out. So, it is some work, but it's work that we ought to be doing. And I don't know why

I need to come in and hear almost get lectured by our county elected officials and appointed officials about that. This requires effort. And you all live here, too. Ma'am, I'm going to have to ask you to wrap it up, please. I I certainly will, but I will say that I don't understand why you wouldn't want to make the effort, why you wouldn't want to talk to the citizens, voters, and taxpayers of Washington County. Thank you. Thank you. All right. Anybody else like to address the public hearing on this? Okay. Seeing none, I'll close the public hearing. Brian, we're good. Met our requirements. Okay. Thank you, sir. All right, we'll move on to the regular agenda for the Washington County Planning Board meeting. We will start with conditional use permit hearings. The first item I have is item A, social sauna social sauna popup cup. We'll start with the staff report, please. Just give us a second. Yeah, I apologize. I know I'm asking y'all to jump around. I That's me pulling it on you. I apologize. This one

When you're ready, Sam. Yes. Uh, we're waiting on the board. Oh, we have two people that went to the restroom. Okay. break. Okay. I mean, you can always start. We're good. Yeah, let's go. We got We got a quorum. We got a long night. Yes, sir. This is the vicinity map for social sauna popup CU. The site map, neighbor map. The applicant is requesting a conditional use permit approval to allow the operation of a wellness themed short-term rental and to host sauna pop-up events with parking space for 10 guests, four by the main house, four by the art studio, and two by the dog kenno kennel. No ADA parking offered. Updates are mostly for maintenance and aesthetics. New features and construction will include an electric woodfired outdoor sauna and shower, overall size 26 ft x 28 ft, and privacy fencing in select areas. The remodeled threebed, three bath house and art studio are currently set up for short-term rental. The property will mainly be used for Airbnb guests with some personal use for camping, gatherings, and sauna use. Utilities such as septic water and electric are already in place. About 2.5 acres of the subject property are cleared. The rest is forested and maintained for privacy. Only.78 acres will be used for this cup project. No roads will be built, but added compacted gravel and grading will improve drainage and parking. Two to three quiet reservation-based sauna sessions, 60 to 120 minutes each, depending on the type, from 400 pm to 900 pm once a week will be hosted with the property owner being the only full-time employee. To date, planning staff have has received three comments

not in favor of the proposed con proposed project, citing incompatibility with surrounding residential area, potential health issues due to smoke, potential noise and light pollution, general safety concerns, and potential of surrounding neighbors being exposed to nudity. All right. Thank you. Any questions of board members of staff? Okay. Is the applicant and applicants representative here? Hi. If you would please state your name and address for the record. Ali Marach, 1924 South Mali Wagnon Road in Fateville. Okay. You want to tell us a little bit about your project? Yeah. So, nothing like this really exists in Arkansas and so I think Washington County should be the place that it happens. It's a a vibrant area. I think people are very wellness focused. And so, you know, the primary use of the property, as stated, is for short-term rental and my own private use, but I would really like to host these community sauna gatherings. So, um, you know, people can take in the natural setting, um, kind of de-stress, get away from their phones, um, bring their friends or meet new people. And, um, these kinds of places are, um, popping up all over the country. And so, um, I have been in a one-year kind of sauna business accelerator course and feel like I'm equipped to, um, trial this one day a week. Um, Nordic sauna is, you know, kind of becoming more trendy in, um, the US, but it's actually an ancient practice. It's been around for a long time. It's um, based in um, Finland. It's kind of a Nordic practice, so it's um, kind of a traditional wellness practice. It's been around for a long time. Okay. Thank you. Any questions of the applicant from board members? Okay. Thank you. Appreciate it. All right. I'll open it up to public. Is there anybody in the public that would like to make comment on this proposal? If you

would please state your name and address for the record. My name is M Michael Keer and I live at 14307 Jasper Lacy Road. Um uh I am our property shares a north south boundary with alleys. In fact, our front door, our living room or front deck that we often enjoy spending time with uh in the morning and evening uh is only about 200 feet from the proposed sauna site that Ally wants. Uh this is a permit that our family strongly opposes and and we believe that in no way is this pro proposed project compatible with our quiet residential community. Uh Alli has stated that uh she will offer hot cold contrast for a sauna event and I have to wonder like in what world is 10 people coming out of a hot sauna dousing themselves with cold water is that going to be a quiet event. U I also don't happen to believe that that's going to make for quiet chatter or reflection that Alli also eludes to in her application. I have more than a few safety concerns about this proposed project. Uh, one of them is is uh the septic system. I know it's approved for three bedrooms, but we're talking about up to 10 people, up to 30 people over a four hour, five hour session showering. And with the high water table that we have in that area, uh I think this stands a real strong chance, a good possibility of her overwhelming her lateral lines, which would cause a major safety and echo uh issue. There's also the sight distance safety issue that uh the application asked, how far can you

see in each direction from the driveway? Ally answers, there's good visibility looking east and west. Um, in fact, uh, I parked at the end of her driveway the other day. Uh, I looked up and down the the road. To the east, you can only see about 60 feet and to the west, you can only see about 100 ft. Now, considering most of the traffic on that stretch of road travels at about 45 to 60 miles an hour, uh those short sight distances are not only not good, but dangerously inadequate for one car to exit, much less 10 of them. the fire pits that she wants to operate for two-hour sessions opens up a whole another uh list of safety concerns, especially during the dry those long dry spells that we often have in this part of the country. Concerning the compatibility with neighbors, uh us being one of them. Ally refers to again the quiet nature of of the neighborhood that ends with mostly the sauna area uh will not be visible to the uh to the neighbors due to tree cover, privacy fencing, and property geography. Well, again, that is just simply isn't correct. in the fall, winter, and about first half of spring, the south facing doors of the fire station that's on the north side of her property uh is clearly visible from our property. Um and geography doesn't even enter into the equation. So, over the past week, I've personally spoken with many of our community members, and not one single neighbor has expressed that they think these events or this project would be compatible with our residential community, have a positive impact on our property values, or given the choice, would vote to approve this

CUP. The quietness of our residential property is in ways more than just enjoyable. In fact, for this two-year Vietnam vet, it's more like therapy, if you will. So, thank you very much for your time. Thank you, sir. I appreciate it, Mr. Kimber. Anybody wants to see pictures of the site sight line? I have them here that you're welcome to view. Thank you, sir. Appreciate that. I'll bring No, I'll bring it back. Yeah. Next, please. I'm sorry. Is the mic on? Yes, ma'am. It is. You can pull it down if you need to. Okay. It's a little There you go. Okay. This is kind of about I'm sorry. Would you give us your name and address for the record, please? Okay. My name is Betsy Keer, the wife of Michael, and we are the direct neighbors to the south of Valley. It's kind of about this last thing you were talking about about rural protecting the rural areas. We're we're totally opposed to Alli's proposal as she stated several times in her proposal that it's a quiet neighborhood. She did say that very quiet. We've remarked numerous times that all you can hear outside are birds and occasionally children playing, which is as pleasant as the birds. That's it. Very little traffic noises. Ally says saunas are naturally quiet, but I believe we all know when 10 people get together, well, that's just not going to be quiet. Neither are 10 cars at a time coming and going. Going from agricultural residential status to commercial is going to raise our property values. She says, "We would have never bought our place if we knew a commercial property was next door. This could set a precedence. I believe this is Alli's way of getting her foot in the door. When we first met

Ally, she told us she would change the main house to a B&B. How nice it would be if she put a small hot tub in the backyard. No mention of a 10person sauna, and no mention of changing the zoning from residential to commercial. Neither did she tell any of our neighbors her true intentions. That's a definition of deception. She also told us at that time the rain porch area that you've got the map of, she said she wanted to change it to a square dancing area. I didn't even know that was still a thing. Her plans absolutely do not align with this quiet rural setting. We believe she's fantasizing or trying to convince everyone that in her words her guests will be calm and contemplative. Ally has enough acreage to put her 10erson popup sauna on her own property. She also lives in a rural community and she might want to consider changing her own home to commercial. I don't know what else she has planned for her request for this commercial property and you probably don't either. Would any of you want to live next door to a commercial property with a 10person sauna and all the cars coming and going? We don't. We also don't want to move, nor we can we afford to. Some of our neighbors are contemplating this if it goes through. Everyone moved to this rural area to get away from commercial properties. This plan that Ally has is not compatible with our neighborhood. Thank you for listening. And I plead you not to grant her proposal for a commercial site within our quiet rural neighborhood. Thank you, Miss Kimber. All right. Anybody else like to address us on this item? Anybody else?

Okay. Hello. My name is Carrie Lamb. I live at 14356 Jasper Lacy Road about 500 ft away from uh Miss Alli's location. Um Ally has never come to introduce herself to me, nor was I given any notification about this proposal. My husband and I bought a house out there about three years ago. I'm a mom. I'm a foster mom with children. This is our sanctuary. And I just wanted to state that I'm totally against this. Um I don't think it's a suitable fit for our nice quiet neighborhood out in the country. That's all I have to say. Thank you, M. Appreciate it. All right. Anybody else like to address this item? Okay. Seeing none, I'll close public comment and bring it back to the board. Oh, I'm sorry. Oh, I'm sorry. I apologize. Yeah, I'm sorry. Go ahead. Bring it back to the applicant. Thank you. Um Okay. I just want to address some of the concerns that my neighbors had. So, um, the traffic, you know, when he parked in my driveway and looked both ways, it's just a straight shot up up the hill and it's I don't I don't know if he's measured, but it's a straight shot both ways, so there's plenty of uh visibility. Um, they mentioned something about having 30 people out there, but my septic's only approved for 20, so I won't have more than 20 people out there. And um, let's see. Um, they said they're speaking on behalf of like all the neighbors and that they're against it. But I've spoken with at least four neighbors who don't have a problem with this. And I was transparent with them. The first time I met Michael on the mower, he was on the mower. I was across the street uh across the fence. I mentioned the sauna, the the square dancing, if that ever happens, would be for my per like my friends. And that is not in the building that they mentioned. It wouldn't be the art studio. It would be even further away from their

property. So, which has nothing to do with this conditional use permit, but wanted to state that. Um, and I never mentioned a hot tub and I've mentioned the sauna from the beginning. In fact, I invited them I invited Michael, I talked to him first to come to the sauna when it's built. So, that was definitely mentioned. Um, and I told all of my adjoining neighbors as soon as I um moved in. I uh sent them letters, cookies around Christmas letting them know what I was going to do with the property immediately and if they wanted to like discuss, happy to. So, I've been as transparent as I can. In fact, I sent the Kemp Kempers my whole application so that they would know what I was applying for. Um, so I also wanted to say that there was a slight discrepancy in my hours of operation. And so I need to to get that discrepancy approved. In one place it says from 4:00 to 9:00 p.m. In another place it says 6 hours. So 4 to 9:00 p.m. would be 5 hours, but I actually need 6 hours of operation. So that would be 3:00 p.m. to 9:00 p.m. So I'm requesting that as well. Okay. All right. Any questions of the applicant? Okay. Uh it's I feel silly asking this, but one of our commissioners had to leave. Can you address the the How do I even say this nicely? The nudity question is there there that will be applicably not allowed on the property. Correct. I think that's something that people think of immediately when they think of sauna like in their own private homes, but this is a commercial business and I would never allow that. That I would feel so uncomfortable. Yeah. That Thank you. I appreciate it. Yeah. All right. A couple of points, Brian. Obviously, this kind of feeds into our other This is a conditional use permit. This is not a resoning. So, it's not does not move the property to a commercial use. This would just allow this conditional use to be allowed on the current zoning. Is that accurate? Yeah. So, the quorum court ultimately has to make a decision as to whether or

not they allow the conditional use. Right. Part of the the courts have said that even though we call it a conditional use, there's an aspect of it that's actually zoning. We don't ever actually reszone. And so, it's it's a temporary reszoning. But the courts when they review this, like I said, the reason that matters is the standard of review on something that's appealed. Okay. Um and so the legislative body has the authority to reszone, which is actually change. And and these the the burden there is a arbitrary and capriccious burden. Um when it comes to and this is kind of what we talked about in this ordinance, when it comes to these like land development uses that, you know, uh are different from the conditional use, that's a quasi judicial. And so the burden there is was it um it's a much less burden of someone to come in. So it's not a change. It's not a zoning change technically. No. If it's appealed, that's an aspect the court considers, right? But but this won't permanently change the zoning. That's why we do conditional uses. Yes. And then the other thing for clarification, the the use the sauna is what we're actually looking at conditional use purpose. That's correct. Airbnb would be a use by right on this property. Under our current terms, yes, an Airbnb, a single family residential home would be we do not regulate, which is part of the issue. We don't have any regulations or any um limitations on the number of unrelated people that can live in a home together. Uh and a lot of places do, but we don't. So, there's a house in the county and that college kids rent out. We don't regulate that. We consider that still to be a single family residence. Um, the other thing I would like to note is I did visit with the fire chief of the jurisdictional fire and he commented that he has no issues or additions to this project. He's confident it could operate in a safe manner. So, I wanted to add that for record. All right, bring

it back to the board for questions or action. A question for you, Sam. Yes sir. What are the calculations on the septic field or is that just the Yeah, the septic is approved for a specific uh number of people to be there and we don't have the conditions from the health department here but we have you have to like you have to abide by them. However like the uh if you check our staff report we have like a list of whatever like the health department requested one of them no use no use of soap. So we don't create like any waste or like um gray uh gray content. So uh the showers or like the whatever the water they're going to be using is just a splash which is going to be absorbed by the septic and the ground itself. So the septic is being like already approved by the health department multiple times and they did an inspection on it. So that's good. Uh the the fire department if anything happens they're across the street. If you've ever been there you just like walk there. Yeah, I'm familiar. Yeah. For the side visibility, we crossexamine everything when we do the technical review and we have a table that says speed limit and like the side visibility turning left or turning right. Our engineers already looked at all of this. They had no no comments on it. Otherwise, it would be like an issue and we we would have like a condition on it. And we already included the nudity thing and the alcohol consumption and all of this in the condition. So we make sure like she's aware of this. The only thing she is requesting to change is the hours of operation from 3 to 9 and that's up to your discretion. Okay. And there's no neighborhood covenants. Correct. Uh yeah. No, there isn't. Thank you. It's not in a subdivision. So all right. Questions, actions? I'm I'm going to make a motion to approve this CD as written with the

current conditions applied. Would you specifically address hours of operations? Are you good changing it from 3 to 9? 3 to nine would be acceptable. Thank you, sir. We got a motion for approval and a second. All those in favor say I. I. Any opposed? All right. Moving on. Item B, Gully Ranch LLC conditional use permits. We'll start with staff report, please. the vicinity map, site map, neighbor notification map. The applicant is requesting a conditional use permit to construct and operate a 3,375 square ft event center in addition to one residence and five rental cabins, which are intended to serve the event center visitors and as short-term Airbnb rental properties. The property is about 69.28 28 acres. The development's land disturbing activity will be using 10 acres. The applicant shall seek a large-scale development approval prior to any construction if the cup request is approved. The proposed center will include a gravel driveway and sidewalks, 116 gravel parking spaces, which five are concrete ADA compliant stalls, a septic system, existing natural vegetation and a native canopy. a monumental illuminated sign by property entrance and three detention ponds. Detention ponds and driveways are engineered to remedy the natural water runoff to minimize land erosion. The proposed development will have events scheduled by appointment that would operate Monday through Thursday 10 10:00 a.m. to 8:30 p.m. Friday through Sunday 9:00 a.m. to 10:00 p.m. with events scheduled during the evening hours as needed. Each event can host up to approximately 300 guests, including

clients, with an estimated maximum of 116 vehicles per event. The center will be served by three to eight staff members based on the event size and date. Employees will not be on site daily. Speak to this. Yes. So because we received like lots of comments and like uh objection from the neighbors. I contacted the the road department. This is basically a section of U uh Black Oak Road. And you can see that's nowhere near. That's nowhere near. Okay, let's let's guys again we've got a lot of ground to cover. We're going to keep it civil. Let the let the staff finish their report and we'll we'll address those issues. I never said like it's near I said like that section of Black Oak Road. So the road has been resurfaced and fog sealed recently. the entire road will be resurfaced entirely and it's going to be until like the end of the September that's like the paving season. So hopefully by the end of the paving season the entire se like the entire like street will be done. Uh the road shoulders has been reestablished so like the width of road is going to be about like 22 ft. Uh the entire road has like reflected reflect reflective uh center lines and fog lines on both sides. And the entire road center line will contain square reflectors every 40 ft. And if you take a look at that like um blow up of that like road, this is how the surface is going to look like. So basically that's a fog seal. It's a liquid sealant on top of that road. Okay. So go ahead. I'm sorry. Continue. No, go ahead. Continue. Okay, we also like contacted like the sheriff's office to uh to provide some of the accident reports. And as you can see, if you can see like the um the red like this

squares, this is like where the event center is approximately going to be. And this is the same one for 2024. The red like the yellow dots uh are the accident that happened close to that area. And most of them they're like were fender benders. nothing uh with like major accident basically. Um and you can continue from here. Today planning staff has received 30 neighbor comments in favor of this project citing the following reasons. The project will offer unique and muchneeded activities, services, and experiences benefiting both residents and guests of the area. It's a thoughtful use of a large parcel of land that aligns with the values of our community, promotes responsible land stewardship, supports youth through kids camps, and provides space for cattle, horses, and agricultural education education, and balances rural preservation with community engagement and education. To date, planning staff has received 35 neighbor complaints in opposition to this project, citing the following reasons. incompatible with a quiet rural residential character. Increased traffic seems unsuitable to a two-lane country road. Nighttime lighting and events will disturb peaceful residential environment. Concerns with environmental impacts to the rural surroundings and decreased property values. Okay. We have added lots of condition on this uh including like the consumption consumption of alcohol and hours of operations and like the facility staff numbers and all of that. So just we made sure like everything is u matches what like we received back from the neighbors as well. Okay. So, hours of operations proposed Monday through Thursday 10 to 8:30 8:30

p.m. Friday through Sunday 9 to 10 p.m. Um, okay. I see that there. Uh, 3 to date staff members. Okay. All right. Uh, any questions of staff for or I'm sorry for board members for staff? I think I have one. The Black Oak Road, is that not one of the like poster child roads that we're supposed to be doing county stuff for? It's artillery. Yeah. Artillery like and that's basically what's going to be like the example like for the rest of the counties. So that's why they're doing this. Each reflective line, you see the reflective lines and the squares and the fog lines. They cost the county about a minimum of like $5,000 each mile. So they're doing this like for safety and like I don't I don't believe the county ever like designed or like uh maintained like unsafe road for the public or the school districts and like one of the things I need like to add we always get like those comments about like the safety and the roads whenever there is a project. So I don't know why like always like the projects the planning project becomes a trigger for road safety. If any of you guys have any comments about like road safety, you're more than welcome to reach out with a petition to the road department. So, it's not a planning issue as much as you can contact the road department, but the road is scheduled to be what do you say? It's been scheduled to be completed by like September. That's what I got from the road department. Okay. Thank you. Okay. Any other questions? A board. Okay. Is the applicant or applicant's representative here? Hello, I'm Braden Wise with Bates and Associates. I am the engineer on the project. Okay. Justin Reed with Bates and Associates, a survey project manager. Okay.

and I am Fred Gully, um the owner of the property and I'd like to share a little bit about the project that we have proposed. Please do. So, um my name is Fred Gully. I'm a longtime born and raised Fyville native. Um and the community poured into me and it made me who I am. So, I'm extremely extremely excited about the project that we brought forward today. um because it will allow us or allow myself uh to be able to pour into the next generation of individuals that come behind me. Um first off, I'd like to appreciate staff and the time that they've taken to allow us to get the project to where we are today. As well as I'd like to appreciate each of you. I understand the time commitment uh the patience requires to hold the seats that you do today. But uh as we talk about this project, I am a self-proclaimed horse boy and uh that's something I'm extremely passionate about. Um as a child I had multiple people invest in sharing with me agriculture, land preservation, the discipline it requires to maintain agriculture as well as cattle. And that's something that I want to be able to provide to this next generation. So um I've been made aware of uh some of the concerns from some of my neighbors. And although it's been shared that this is going to be a a largecale um wedding event venue that is going seven days a week into the late hours, what I think and what I'm trying to propose is an educational event center that will host weddings, but as we looked across the board in Northwest Arkansas, most weddings are contained to on weekends and they happen most times during the day. But what I'm extremely excited about is the opportunity to educate uh younger children um and be able to teach them about equestrian opportunities as well as cles. So this will be a working cattle and horse operation and farm. And as we think through this is is what it's able to

give back. Um as staff shared, there will be a few ponds on the property and that will be to mitigate erosion. So, we're actually bringing in a group from Oregon to talk through permaculture and we'll be able to do some land restoration and we'll be able to create some different environments for different ducks, wildlife. So, I really look forward to being able to teach that, do some farm to fork as far as gardens. So, it's really looking at the educational aspect of this opportunity uh to kind of talk through some of the concerns that have been brought in front of me. As we shared, Black Oak is a growing community and growing road. Uh the Rash Coleman has brought a lot of infrastructure as well as houses into the community. And as we think about that area, we think about traffic as well as noise. Um I don't see that being a concern. My primary residence is going to be on this property. So I will live on this as well. So it's I think staff shared is six units but five of them will be utilized by guest and I will be there fulltime. So, one of my favorite things about the property is how it feels like it's completely out in the country, but it still has the access to to favville amenities. And that's something that I really really look to preserve and want to continue to preserve and I don't want to be there if there's loud noise and a lot of disturbances as well. And as I shared, it's going to be my primary residence as well. Uh the next thing on there is the rainwater runoff. So as we think about erosion, the ponds are there to mitigate that as well as to create some of that permaculture and things that we can teach. And then lastly is this is a working ranch. So I'm really looking to be able to preserve that through the bodies of works that we bring out there and be able to educate those that come behind me. So, I'll end it the same way that I kicked it off is this community, Northwest Arkansas, specifically

Fyville, has invested a lot into me and I'm really excited about the opportunity to invest into the next generation. Okay. Thank you. Um, questions of the applicant. I I assume I mean obviously we've had a lot of conversations about erosion, storm water runoff. Those studies have been done. Everything's within guidelines as for the county and the state in those areas. Correct. Yes, sir. Okay. All right. Any other questions of the applicant at this time? It's already a working ranch. Is that It just has right now it has four horses, five to be in the future. Um, one other call out that I'd like to make. Um, as we looked at the project and a few facts about it is um the closest property as far as any of my neighbors around it from the location of the event center is a little bit under 2,000 ft. So, we're talking about a large distance away from where the actual event center is and has a 100 feet of elevation as well as as far as it. And then when we start thinking about some of the properties around it, we're proposing right at 6,000 square feet and that includes the six individual residents and the event venue. And as we start looking at some of the neighboring properties, if you include their primary residence as well as some of their uh shop buildings is comparable in space on far less acreage. So this is 70 acres in in relevance. So I think that's applicable. Can you give us a little bit because obviously that's a lot of the the concern that we've heard is the wedding venue. You're calling a community center. Can you give us some idea of your vision of what that mixture is going to be? How many weddings you think you're going to host versus how many community events? that sort of thing. So really what I want to hang my hat on is the educational and the the community events. Um, as we think about the wedding space, I think there will be a handful of weddings per month, but it's for individuals who like to have a view of large-scale chicken houses out of their out of their in

their views of their images because that's what I'm surrounded by are largecale chicken houses uh to the east of my property and to the northeast of it as well. Um, so I I I don't see that being my primary um business occupancy. I see it more as camps that are held during the summers. Um corporate retreats. Um uh wedding uh excuse me uh bridal showers. Not bridal showers but um uh for children what do you call I don't have any children beside horses baby showers but um small events for for families to be able to utilize. There will be a handful of uh weddings, but I think those will be able to be held during certain hours and they're definitely not going into the night. Okay. Have you seen all the conditions of of approval that are proposed and you're good with all of those as proposed? Yes, sir. Okay. Thank you. Any other questions of the applicant at this time? Go ahead, sir. Uh I just want to clarify it. It talks about events scheduled the hours and then it says uh events scheduled after these hours as needed or within these hours as needed. My proposal is within these hours, not anything outside of it. Okay. And then employees, it says there'll be no employees there 24/7. You live there? Uh how how often is that going to be unsupervised? So I I will live there full-time and if there's any guest or residents there, there will be employees there to be able to ensure uh their supervision there. Okay. And last question is uh if you want to buy a horse, see me after the meeting. What kind of horse you got? All right, we got a long agenda. Let's we'll probably bring you guys back after public comment, but I'm going to open it up for public comment at this time. Okay. All right. Again, ladies and gentlemen, we got a lot of folks that want to speak to it. So you have three

minutes as an individual. uh 10 minutes if you're a representing official representative of a group. Uh if you would start by stating your name and address for the record and uh we'll go from there. Thank you. My name is Jacob White. I live at 15582 East Black Oak Road. Um this is my wife Jessica. She'll speak separately. She's seven months pregnant, so go easy on her. Um we live there with our 2-year-old boy. We have another one on the way. I am an attorney, but I'm only here in my personal capacity as an adjacent neighbor to this development. Uh, so I believe in property rights and I'm not here to tell Fred Gully how to use his property. I'm here about my property rights and how his proposed venue is going to affect my property rights. So, here's what I want to level set because you're hearing different stories based on the application that you received and then the minimalization that Fred is going to hit just just told you about. His application says a 3,300 square foot event venue. He says the event venue will serve 300 guests per event and 120 cars per event. He proposes six rental cabins. Now, he says one of them is going to be his owner's residence now, but he says that those those cabins will serve his events guests. This is not as of right. This is basically a hotel resort that's coming in. The CUP should consider all of the effects from both the event center and the six residences that are being built because they're not just being used as Airbnbs. They're being used to house the guests of the the of the venue. Now, I've got seven points. Uh, first one's my ticky tacky voyer one. Uh, I submitted proof in the written comment that we did not receive notice until May 23rd. Those notices had to be mailed by May 22nd. Unless there's proof in the record that those notices were mailed on or before May 22nd. This permit must be rejected. By

the way, sir, like everything was sent on the 22nd. That's the time. And like our ordinance says it needs to be sent 14 days before the meeting. It never says like when it needs to be delivered by. Uh no, I agree. Right. The postmark on the letter that we got says May 23rd. There is no proof in the record. I do have the proof. I do have it. I can send it to you. Is it in the record here today? And do I get my time back from being interrupted by Mr. Atta? Okay. So, second point. The closest rental is going to be 150 feet from my house, which was omitted by the maps that were submitted to this board. Now, wedding guests, I'm sure you've all been to weddings, are going to throw a neverending party 150 ft behind my back porch. If I wanted to live next to Dixon Street, I would have bought a house there. Traffic, 120 vehicles at one time is an immense amount of traffic for Black Oak Road. Mel Collier's application for a cup said that his business wouldn't impact the area because it would only add five to 10 drivers per week. If Fred is successful, and I think we should assume that he's going to be successful, his venue would add up to 100, excuse me, 840 cars per week on Black Oak Road. Black Oak Road is completely inadequate for this type of concentrated traffic. the legal factors that you guys have to consider and that will be considered upon appeal or whether or not there are adequate roads. This is what Black Oak Road looks like today in front of his driveway. That is the fact that's in the record. That's the fact that you must consider, not some shapeless promise that the county is going to pave it later on. That's what the road looks like right now. Now, black where it right here, it is unpaved. There's no shoulder. There's no lines coming from the north. There's a 90 degree downhill turn. The sheriff's records are incorrect. There was a wreck there this year. Okay. Now, imagine how

people are drive on this road once they've been drinking. Uh his driveway is very narrow. You can see on here he has a 40 foot strip now. And that doesn't count the setbacks. His proposed road on that 40ft strip is within the setback with his neighbor neighbors of Davis's. My understanding is that the county's regulations for a residential development that has five or 10 more units requires a 50 foot ride ofway. At no point is his driveway 50 ft. This is a rural community. Every property adjacent to Fred's is either single family, a farm, or both. Uh he's adjacent to chicken houses. You can see he's pushing all of the uh those rental cabins down right by me because he's trying to escape the chicken houses. It still smells like chickens up there. I mean, we smell chickens constantly. It's not compatible with the current use of the land. This is going to hurt my property values. Coincidentally, I just had my property appraised. They said it was worth $500,000. I was like, great, I'm rich, right? No one's going to pay me half a million dollars to hear wedding revelers every warm weekend of the year. They just they're just not going to. There are plenty of wedding venues in Washington County. Uh, in the last 10 years, I can't find a record of this board approving one that has overnight accommodations attached. Uh, I'll leave you with this thought. What is the point of government standing here today? Y'all are the government. Y'all are the ones making the decision. In my view, one of the most important things the government can do is protect the citizens property rights. I'm asking you to do that for us today. Protect our property. We worked hard for it. We enjoy it out there. We'd like it to stay more or less the way it is. I respectfully ask that you deny this conditional use permit. Thank you, sir. Appreciate it. All right. Who's next? My name is Michael Butler. I live

at 15899 East Black Oak Road, which is basically going to be Caddy County Corner, straight across the road from this. I've been living out on that road for over 30 plus years now. And within that 30 plus years, there's been nine fatalities that I know of on that road. And what they're talking about, all these rolls being fixed and everything, these sides, these paint, none of it's there. None of it. Okay. And the deer population out there is horrible. You mix that like he said with alcohol, I've total two vehicles on that road from deer. Okay, you have that. You have the kids trying to be a out there quiet community families. It's an unsafe road for all that traffic. We have the other I have one company down the road from us has big heavy trucks. It drives all the time tearing up the road. You know, it's whatever. But with that and all these other vehicles adding on to that, it's unsafe. It is not right. And there's been many times people try to get me to sell my property for whatever reason. I'm not selling because I love where I live at. My son lives next door, right next door to me. My dad and mom worked their tail ends off for that property to have a place for a family out there, a growing family. How's that going to be if this is accepted? Thank you. Thank you, sir. Appreciate it, Mr. Butler.

I guess No, we don't need her. Huh? My name is Scott Webb and I live at 15750 East Black Oak Road. I've been out here well I bought I hunted out here. Good friend of mine owns a large farm out there and I lived outside of Thornberry and I hunted out here and I fell in love with my place. Bought a dozer, bought a track hub, did all the work myself. Had to park my dozer on the side of the road to get in. Push my way in. Spent two and a half years. I worked 14 hours a day, six days a week. I run Crane Automotive Group, but at the time I was on my own and I was working hard. Two, I've ran all the new car stores here at Lewis for 10 and a half years. I put my time in, bought my place, placed it for sale for I want to say 20 years. No one bought it. I bought it and I did all the work myself. And this is my home right here. I've got 14.9 acres. I cleared most of it, but probably five

acres back in the back. Mr. Goalie comes in. Well, I'd have bought the L. I would have I mean, for what he gave for the back 60, I'd have bought it. But the Davises said they wasn't going to split it. They went to buy it. His partner was buying the rest of the farm, backed out the last minute, and he ended up getting talk. Mr. Davis got the back. I would have bought it if it just happened in the middle of closing. I don't know. Um, the road goes completely around my whole property. There's not an inch it don't touch. It starts from my road, goes all the way around my property. Did any of y'all ever make it out there and take a look at the property this week? You've seen it? Yes, sir. My house is 5200 foot. I built a 1,700 square foot deck on the back. I I bucked. I pushed. I cut. And every one of those beams on my house came from that place. Every rock on that place came from my place. Talked about runoff. I'm going to show you some stuff. This pond right here. There's a well right here. I found it when I do that well feeds this pond. This pond feeds that pond. That's a natural spring. Number one, this road is not within 100 ft from my spring. So that's a problem. Always water. And back here in the back where he supposedly put the Mr. Web, I need you to stay in front of the microphone so it's part of the record and Well, here you're kind of There you go, B. Yes, sir. Kind of need to wrap it

up too, please. We got We got lots of folks that want to speak about the water draining. U Mr. Dor, I know you know all about land and property and houses. If you look, this is the gully. This is the gully that goes down the middle. I've seen it look like water rapids. And all these little lines is not all these little lines is not his four-wheeler trails. Those are water lines from water running off the everything going down in it. It stays wet all the time. And talk about being a rancher. I'm the one that got out there and busted the ice so his horse could drink because he never showed up for four days. Didn't show up for two weeks. So I did that because the horse I grew up on horse tobacco farm in Lexon, Kentucky. I know. He brought a trailer out there to alalfa after six days and no feed and left it on the trailer for him to eat. So he wants to be a farmer. I'm get it. But that's the problem with this property is the water and the wells. Can he put something close to the well? How many feet away from my I got a well that is 62 foot deep. It's been there since the Mr. Davis said he's been there 60 years and he said he's never seen it run dry. It's to the top. is full of water and it's right where he's wanting to put cabin number one right off I mean 10 feet off the fence. So I don't know what I need to do or what I need to say but if there's anybody impacted it's me and Mr. Wolf because all the water's going to him and all the traffic 300 people driving around my property went two inches off the off my fence line. Thank you sir. Appreciate it. Thank you. Yes, sir. All right, I'll try to be quick. Uh, my name is Dane Wagner. Um, one45 South Smoky Bear Road, which is just off of Black Oak.

Um, I appreciate I I I love the idea um of of what's being presented. Um, I love the idea of having kids come out, work with horses. I love the idea of an event center during the daytime. Fantastic. I love it. But we have to work according to what the application says. And the application says that we can have up tound almost 120 people every night. I don't actually believe that even in in what there's no world that it would be every night, but even so 100 people coming out onto Black Oak at 8:30 during the summer even once. Y'all know what 8:30 in the summer is like? That's deer time. The deer are everywhere. And we get to mating season, that is a recipe for death. There are going to be people who die coming out of there after drinking. And having the idea that that could be multiple times a year and and I'm not even worried about it happening, you know, every day or every week happening a few times a year. I think is going to be a problem. Um, I'm all for any drainage improvement in anywhere in this area. The place needs incredible drainage improvement. That's fantastic, but not at the cost of these lives. Not at the cost of of having strangers coming around that switchback on Black Oak and having no idea who's coming. And with the with the way that folks drive all over the line, assuming there is a line, um it's just not knowing the roads, it's it's too dangerous. Um so it the applicant says that they we

won't have any of these activities going late into the night, then take it out of the application. If it's not going to happen, don't apply for it. Um, but we have to we have to work according to what the application actually says. So, um, according to what the application says, I'm I'm against it and I recommend that you all be too. Thank you. Thank you, sir. Appreciate it. Hello, my name is Tracy Long and I'm a little bit nervous. I don't do this very often. My address is 15775 East Black Oak Road. So, I live directly across the street from Scott and Trisha Webb. And I'm not going to talk about roads and I'm not going to talk about water. I'm going to talk about their homes. Um, my husband Jeff and I have been living there for about 10 years. So, we've seen Scott and Trisha come in. He's not exaggerating when he talked about the work he did. We saw that lot was for sale for years. We're like, "Nobody's ever gonna buy that lot. It's worthless." But he had a vision. I mean, that man was a visionary. and he did spend years clearing trees, burning trees. He built his dream house. It's a beautiful house. Um it just it breaks my heart that that all of that is potentially um going to be going away. It's going to be at risk for him. Um Jacob and Jessica, they built a house. They're just the next ones up the road. Again, I mean, they built a beautiful house. that that property was it was not a great property. And we're like, who would buy that property? Who would build a house there? There was that weird garage building that was just abandoned. I mean, they've made a beautiful home there. They've got a beautiful house. They redid that shop. They've got solar panels. Uh they're raising their family there. I mean, these are people's homes. Um Yeah. I mean, we're just right across the street. I don't like it. I don't like that there's going to be noise. I don't

like that, you know, the light pollution. We love going out at night looking at the stars. I mean, that's why you move out to the country because it's quiet. Um, people build their homes. They make their lives out there. Nobody wants to live across the street from whatever this is going to be. Um, yeah. So, don't like it. Hope it doesn't happen. Thank you, ma'am. Appreciate it. I'm definitely going to have to move this down, so it's okay. I'm used to that. My name is Shannon Hinton. I live at 10392 South Harris Road, which would be down the hill from where the wedding event Goalie Ranch is going to be. And um you know, we have lived in our property for about around 12 years. And you know, we left. We used to live in Springdale in the city. And you know, the reason why we left is because we got tired of the drunks trying to run us over. We got tired of the cussing and the yelling and the and the screaming and the music. Oh my gosh, the music. And they would play at all times. And we also got tired of the gangs that was there. So, I'm not saying that there's going to be gangs here, but what I'm saying is you move out of the city into a country for a reason. And that reason was, I want to get away from that. Now, with this event right here, and like the others have said, this is announced as a wedding event uh with up to 300 people and I believe it's 116 cars that's going to be in the parking lot. Uh, and people party. Okay, people party at weddings and and they they're not quiet and I'm going to hear everything because I've lived there long enough to know that sound echoes

everywhere in that place, especially down the hill. And I just wanted also to maybe make a correction to the Washington County uh deputies report. Did y'all talk to anybody from Fagetville PD about any accident reports or anything? Okay. When we first moved there, you know, when you are on 15th Street and Armstrong connects to 15th, that's where the animal shelter is. Within six or seven miles after you take a ride on Armstrong, it becomes Black Oat Road. Now, about 10 years ago, my husband and I were on our way to an Arvest ball game when there is a S curve there that you really have to slow down and then there's like a a field over and it's muddy all the time, but it connects and that will probably be the main place where people will turn off to do wedding events, to do anything that's going at this Gully Ranch. and we were actually going towards town and there was a truck coming away from it. Now, this is still part of Fagetville. Okay, this is still part This is like right before you get to the around the industrial park area. So, that's still part of Fagetville. There was a man and his passenger in a truck who who was they were totally drunk. I mean, like way drunk. And they almost hit us as we were going this way. By an act of God, they hit the ditch opposite of us and then came up behind us and bop bop bop and flipped that truck. That person died. And I know he died because my husband was there and was trying to help him and I was on the phone with 911 and he died in the truck. All right. There's a passenger

there, too. He's probably traumatized. That's what you're going to have. You're going to have drunk people and they can say, "We'll limit them." You know, these guys, they're going to come drunk before they go to a wedding because that's what they do. You know, that's what a lot of people do. And these are young people. Okay? These are going to be young people. So, uh, as the others have mentioned, I don't want the sound. I don't want I don't want the drunkenness and I don't want death on that road. All right? Because you cannot drive on black oat without being completely and utterly sober. And the deer population, hey, I hit a deer out there, okay, on Black Oat. And it's just they're all over the place. And these people will be intoxicated or something else. There may be a mix, I don't know. but they will not be able to navigate that road. So, I want you please to consider the safety not only of us and the uh animals that are there, but consider the safety of the customers that might be or the clients that might be at this event. Thank you very much. Thank you, ma'am. Appreciate it. My name is Daryl Tankersley. I live on 10918 South White House Road. I bought this property about three and a half years ago. It's on the side of a mountain. It looks north to this Gully Ranch. If you put a parking lot there, I'm going to see lights looking off my deck. I do not want to see lights looking off my deck. Um there's people out there that been there years and years. They don't want to see these lights. They don't want to see them. We live in a rural area. That's what we want. Rural area. I mean, I like and understand what he wanted to do. But if

he would stay with the children and the horses and the small lights, but 120 car parking lot, you're going to see it. You're going to see it. It's going to stand out. It's going to be a sore thumb in my rural area. Thank you. Thank you, Mr. Tankersley. Hi. Hello. I'm Harold Davis, 10457 South Harris Road. I'm uh right next to to Wolf. You've mentioned that all that runoff coming down. Um, as it's been stated before, the I've never seen water come off of a mountain like I have this mountain. And their runoff, their septic is going to be coming right down to me, Wolf Henence. Um, but that's just one of the problems here. Um, I can I can tell you that they're not kidding about this deer situation and and it's it's treacherous. October 23rd, two years ago, coming home from work, I get off uh at midnight. October 23rd, the deer are in a rut and uh and I I took a deer strike on my motorcycle and uh there When I come home that time at night, I count literally dozens of deer every day or every night when I'm coming home. They're they're they're everywhere. As a matter of fact, when the first responders asked me what happened, I don't remember, but but they they said all I would say is there's deer

everywhere. As uh Shannon had mentioned a while ago, the the sound It's a It's a very unusual place we live in there and and the sound echoes and travels. It goes on forever out there. It It's a beautiful, pristine, incredible little area. I've never seen anything quite like it. Um, but the sound really travels out there. And I've got to tell you that that me and my wife Christine, we we worked hard and we we don't have the money to invest in all the 401ks and all the stuff that people roll their stuff over in. We put our money into our land and we worked hard. And at my age, I can't start over again. But out there, we created a place that we can we can survive off the meager little bit that we're going to get off social security and the catfish pond. I really don't want all that sewer coming down into my catfish pond. And uh I can't speak for other people, but but I'm pretty sure they they probably feel the the same way. and to continue on. I'm a I'm a combat veteran. I've paid my dues for this country and I fought for this country. October 23rd, 1983, the largest loss of marine life since Iima. That

was the multinational peacekeeping force, Beirut, Lebanon. And I paid for my peace and quiet out there. And I don't need the sound of this venue till 10:00 at night. Are you kidding me? That's not what we moved out there for. My PTSD is bad enough. I need the place I bought an agricultural area. I'd appreciate it if you would look out for us like we looked out for you. Praise God. Amen. Thank you, Mr. Davis. Thank you for your service. All right, who's next? Hello, my name is Sean Sutton. I live at uh 1133 Edwards Road. Um I pretty much lived out there all my life. Um I was born and raised 50 years old. I've seen uh a lot of accidents on that road. It's a very twisted, windy road. Um, my concern is the extra traffic that would be out there. I live a little ways from where this vineyard is going to be, so the noise and stuff won't affect me all that much, but I do have sympathy for the people that do live out there. However, the noise of the traffic because I live right on a hillside and it's a very steep, windy hillside uh with some steep drop offs on it. And my concern would also be the uh the drinking that would be going on and the people that should not be drinking and

driving that probably will be. Um but I'm also I'm just concerned about the noise of uh all the unwanted extra traffic that be coming up and down the hillside. And uh like I said, these other people uh I I feel for them because of their uh the noise that will be going through the valley from all the uh the the wedding ceremonies. Everybody knows that a wedding ceremony is loud and a lot of this stuff has been repeated to you guys several times. And um the deer population is very very extreme out there. Uh, I I dodge a deer every morning going to work and every evening coming home and um I won't take up any more of your time. Thank you, Mr. Sutton. Appreciate it. All right. Anybody else want to make comment? Hello, my name is Kate Venus. I live at 14195 Green Ridge Road, which is right off of Black Oak Road. And I don't live out as far as this is happening. But I hear all these stories of the horror that's about to descend on these people and all I see and all I hear is money. I've been wondering why they resurfaced Black Oak Road and now I know there's a lot of money. Somebody has made a bunch of money and they want to make more. They want to take the peace and quiet of

our rural communities and scoop it up for a little pot of gold. And that's all they care about. And I hope y'all I appreciate most of you listening tonight. I don't know what's going on with these guys. Okay, ma'am. Let's let's not make it personal. Please make comments to the to the I am thankful that most of you are listening and I hope you will search your souls when you make your decision because this is happening fast. It's happening everywhere and it's it's a roller. It's a steamroller rolling over our communities. And I just have to say, has anybody said you look just like Adam Sandler? Okay, ma'am. Thank you. I appreciate your comments. Thank you. Yes. Come on. Hi. Hi. My name is Jesse Kersh and I live at 1317 Rocky Road. This is not near the proposed development. However, I am a real estate professional and I come to talk about external obsolescence and some misconceptions in pricing per square foot um and property valuations that come with commercial properties. I heard somebody state, "Oh, the property values are going to go up because of commercial um zoning or whatever is going to change out there." And that's just not the case in these rural communities. People want to preserve their piece like you're hearing from the majority. Um we're seeing a similar and adjacent project happen on Highway 62, also by Bates Engineering. That has been a massive failure. Um if you look at the new installation of a very similar event center, I'm going to call it I'm going to leave the name of the facility anonymous for now. There's been a

similar events that are installed off Highway 62 with the inappropriate amount of parking similar to this. I'm hearing 300 guests and 116 parking spots. So, go ahead and prepare yourselves for proposed more parking after this because that's going to be the problem that comes next. What's after that, even with the detention ponds, is going to be flooding. Um, this neighborhood that is adjacent to this project in on Highway 62, when I say adjacent, I mean very similar in nature. Um, it has flooded out over half a dozen residential homes. It has exploded septics. It has caused the entire neighborhood's property values to go down because of the condition of the properties. So, not only are we talking about the noise, the light pollution, the biodiversity, everything that these people have moved out there to change or for change to achieve. Um, we're losing all of that. We're we're losing property values. We're losing peace. We're losing the preservation of this. And I'm a little curious to know if we're talking about income at all here and we're talking about the percentage of income as a wedding venue versus the percentage of income um as a children's event and education center preserving um natural learning and things like that. Um and I too am a horse person and I want to address that for just a moment. Um I've heard several comments about this property. I've heard these horses on site have not had shelter. I've heard they've not had water and they've not had food. I'm a horse advocate and I've owned a non I've started a nonprofit in 2016 where we focus on equin wellness, but we also serve our community. The two are very possible. Um event centers and large gatherings and horses do not mix. When you have overnight stays, you have people who are drinking and under the influence. They do bad things to your animals. They harm them and the waste that they put into the septic systems, into the trash, into the sewage that's going out of these leech lines, into these detention ponds. all of this agriculture around, it's going to be a disaster. These detention

ponds are engineered and the grading is it's that's great. It's not going to work. The detention ponds have been installed at the other project as well and all it has done is increase flooding and ruin the properties. If you want to reference that, all of those documents are online. All of those applications, they have appealed that, but Bates was the responsible designer for that project as well. and it has completely ruined um the neighborhood that it was in, which was a a kind of rural area. So, I'm going to wrap it up and say I've noticed a lot of um enthusiastic newborn horse guys, and I want to note that they're not newborn horse guys if they're not feeding their horses, offering them shelter or clean water. Um they're looking at tax benefits and deductions and they are looking at a benefits and they're combining these things wrapping it in the nature of tending to children and helping children and future generations when in reality they're destroying ecosystems and the peace of people who have fought for our nation who have moved out there very intentionally to find peace and they deserve that. Thank you very much. Thank you ma'am. Again, ladies and gentlemen, please no public comment or applause outside the committee. Thank you, sir. Go ahead. Good evening. My name is Joel Hernandez. I live on 15078 East Back Black Oak Road. I'm not as close as some of these uh home uh owners, but I still feel like I will be impacted just like their values will be impacted. My value to my home will also be impacted. I live directly across Round Mountain Fire Department. Has anybody called them to find out if they will be impacted in some way or another? If there's accidents right there? So, I will address that. I got an email from the fire chief who said they have no opposition to the CUP. Uh the project has come forward with one of the best and most well put together requests they've seen. They see no public safety

issue or fire issue on this site. And they're Did they tell you they're a volunteer fire department? That was the That was the fire chief. Yes, sir. It's in the staff report as well. I know. That's what I'm saying. They they're going to go and they're going to cover the extra, you know, potential accidents. I'm bring I'm just bringing that as a fact. Um, now I live right there and I'm impacted in this way as well. Uh, because that's a no passing zone right there across the Round Mountain Fire Department. Guess what? Many people violate that all the time with the additional traffic and people heading to events that are starting at a certain time and that are important to them. They're probably going to violate that as well. I almost had somebody uh that was passing hit me as I was coming out of my driveway and it's only a matter of time that that's going to happen. Um I also want to say that uh the peace and quiet will be impacted. You know that you've heard that. But another way that people will be impacted by there is that we get visitors that come through the area and practice their psych cycling. There are teams that come through there. We enjoy seeing them enjoy that Black Oak area. It's such a beautiful area. Young people with their uh parents come and cycle through there. Guess what? They're probably going to be gone. They're they're going to try to find some other place farther than uh this. They already came out from the community to find a quiet place like this. They'll be impacted. We'll all be impacted uh in this way. Now, the wildlife, as you've heard, when I moved there, I was able to see uh white owls that you rarely see in these areas sometimes and other wildlife that will be impacted by the noise, by the traffic, and forget our peace and quiet that we all moved out from. Like that other lady moved out of Springdale. I moved out of Springdale for the same reasons. Thank you. Thank you, sir.

Appreciate it, Mr. Manz. Okay. Good evening. Hi, I'm Rebecca Cider. I live at 10923 South White House. It's at the intersection of White House and Black Oak. Okay. And um I just wanted to share with you some of my thoughts. I think it would be a tragic mistake to approve a venue of this nature um out in this residential area. One of the reasons I mean in this rural area. One of the main reasons is we are an active agricultural community. We are not some sleepy little town with no tractors, no hay makers, no I mean 3,000 pounds of equipment behind our tractors. You get a drunk driver coming around a road, they cannot stop. It is deadly. These are horrific accidents. And if we invite people with alcohol in their systems to our roads, we are inviting some horrible accidents. That is a lot of weight. I don't know how many farmers here that have heavy equipment that you haul on these roads. Ma'am, ma'am, can you address the board, please? Okay. Thank you. All right. Sorry about that. No problem. I think it is it is critical to understand that it is not only Black Oak Road. This there is a vein of roads that people would be coming to attend these wedding venues. You've got White House, you've got 74, you've got people coming through Winslow, through Elkins. Elkins is a very active agricultural community. I'm behind tractors almost every day when I go to the grocery store. We're talking about daily wedding events during the weekend. I go to the grocery store at 2 o'clock in the afternoon. I need to be looking for drunk drivers now on my way to the store because they left a wedding venue. That's making us all very nervous and and I think that we have a responsibility to the people in the

community because we are an active agricultural community. So, please remember that we are and don't put us in a position where there's going to be horrible accidents and that we have to fear when we're driving our roads. Thank you, ma'am. Thank you. appreciate it. Hi, my name is Barbara Powers. I live at 15819 East Black Oak Road. I live just kind of across and adjacent. Uh my parents are the Davis's who live right next to this property. Um I grew up on that property that Mr. Gully now owns. Um, so I know the back part of that does slope down toward the Harris Road. Um, I ran it for many years. I've lived out there for 50 years and now I'm across the street from them. And the road, I mean, I know we've had promises that you've said they're going to improve the road. I've been hearing that for 50 years. Um, the road is very narrow. There's not hardly any shoulder and majority of the ditches are deep and just a couple of years ago I've lived out and driven that road for many years and most there's two straight stretches on that road. Both of them end up in a very sharp dangerous curve and the one even by the fire department and Ed Edwards road is really a bad scurve going down. Um, I know the road extremely well. I could tell you every place in the road. And I even hit the ditch because I had a deer run out in front of me. And I was going 20 miles an hour cuz I go I'm afraid of those curves. And so going 20 miles an hour of a morning and I landed in the ditch. And the ditch was about this deep because I had to jump out of my car from when I

was in the ditch because there's nowhere even if you um there's no shoulder. You just instantly go into a ditch and that is the way most of the ditches are on on that road. And uh and I agree that the deer population is bad, but I just ask that you do vote against this project. All right. Thank you, Mr. Davis. Appreciate it. Hi. Uh, my name is Daniel Sullivan. I live at 10540 South Smoky Bear Road. Uh, and the reason I would like to address everyone is that when we first moved to our current location, uh, approximately six years ago, uh, and if any of you have ever been on South Smoky Bear Road, you know, there's a very few residences there. Uh, with over the last two years, uh, my neighbor has, uh, put in a Airbnb. I think he has uh four cabins or four uh tents you want to call them and an Airstream trailer. And the reason I bring this up is because Smoky Bear, that portion of Smoky Bear Road is a very narrow one lane road. We've had increased traffic, increased increased noise, people shooting, loud parties, and that's not what we moved to the uh country for. The second thing I want to bring up is that I have 18 years of experience for a large sheriff's office in Northern California and I work in an area much like this area that we're talking about and I can't count the number of drunk drivers and the number of accidents that I've had to respond

to. I've had to have my deputies respond to. Anytime you're involving poor road conditions and alcohol, you're going to have an issue. And I think you really need to take that into consideration uh when the approval of this project. Thank you for your time. Thank you, sir. Appreciate it, Mr. Sullivan. Hello. Hi. My name is Sunny Leadford. I live at 15114 Trace Branch Road, which is West Fork. And you would think that that would not have any correlation to this area, but it does. My property overlooks the Hazel, the Harris Community Valley. My property stares directly at this proposed area. We've had multiple people from the county come up for different reasons, whatnot. Multiple people have said this is the best view in the county. I tend to agree. I'm biased, but whatever. This will affect our view. This will affect our peace and quiet. This will be noise pollution. And I encourage you all to deny it on the basis alone that the majority of the people here are very vehemently against this. Thank you very much. Thank you, Mr. Lever. Hi, my name is Tracy Slatterie and I live in southeast Washington County and I have driven on Black Oak Road for about 35 years and I could tell you about a lot of the happenings along the way. Um, one of the things I I think about is when all of that land was zoned agriculture, it was not as a

default. It was because they didn't know what else to do with it. It was to preserve the agriculture environment and maintain a a type of rural life. And when we have all these developments coming in that are not really agriculture that pave over the ground and invite 300 people over 150 cars driving back woods, back roads that don't have um the kinds of of driving compatibility with that kind of traffic then you're not compliant or compatible with the zoning of Agra single residential. I know that when you pass um cups the word compatibility is something you equate with compliance of your technical requirements but that's not what compatibility means. Compatibilability means it fits in with the environment and the surroundings and doesn't change those and that it just becomes part of it. And that's the question before you is is this compatible with the farming operations that are out there. I don't know of any area that along that road that allows for 120 parking places. I don't know of a parking lot out there. I don't know of an event center. And um I think that's just something to to think about. Um I also wanted to a

lot of people have talked about people drinking at these events and you can't really control that. But at some of the other cups where there had been wedding venues proposed, there was a condition that they had to have a bartender who was on site who Yes, ma'am. And that's part of this condition as well. Very good. But in these other places, they didn't have Airbnbs where people would be on site able to drink and drink on after the event. And so that changes things just a little bit. Um I want to ask if these houses, these Airbnbs are built on do they have are they it's my understanding that in agricultural single residential zone you get one house per acre. Are these Airbnbs on one acre or are they closer together? And so if this event doesn't work in the future, would those Airbnbs then be sold off as single residences? Uh I think we need to think about what will happen in the future to that land if it's no longer an event center. Um ma'am, I'm going to have to ask you to wrap it up, please. Okay. Um the road is a double yellow all the way. The road does uh present some hazards. uh will there be school buses on the road? Um and is the road compatible for that? And is there some kind of road study you can do about how much more traffic will be added to the road, how much is there now, and how will that impact what is there now? And just remember, once you pave over that land, you can't go back to agriculture zoning. Thank you, ma'am. I appreciate it.

Good evening. Tyler Wolf, 10577 South Harris Road. Obviously, my family would be affected majorly by this with the water runoff. Um, our ponds, um, all all the water that gathers off that property comes to our property. Um, the ponds that me and my boys fish at. Um, we, you know, we clean these fish, we eat them, and I don't really get excited about hearing about the septic systems and stuff like that. Uh, obviously the attention pond. Um hearing that I have a lot of concerns of getting are we going to get the water to my ponds that I those ponds are designed to hold the water that and dis dispute them um across the property and just you know trying to understand more about that just the water runoff in general um is a major concern for us and the sewage um as we seen earlier I think I seen something about a a septic field over towards the venue or whatever but I haven't seen anything by the houses not sure what that's going to look like um but that's something I think that needs to be concerned considered and thought through. Thank you. Thank you, sir. All right. Anybody else want to address? Good evening. My name is Mike Bruner. I've got the property across the road from uh Mr. Goalie's property. I am against this. I think it's kind of a uh recipe for disaster, especially if you have Airbnbs and Fred's going to be renting them out. think the idea here is probably just to make some money. Uh Fred's a great guy. I've known him for years. But again, I think if you're going to make this type of investment, you want to pay back on it. So, if you've got Airbnbs open all the time and people coming and going and wandering around and drunk, uh you know, you can see razorback games of people renting the whole place out and it just being a giant party all the time. And I really don't think any of the neighbors that surround the property uh moved out there bought this land and want something like that next to it. Um I someone also told me that I think there was a two just a

2-in water line running out to the property and that seemed rather small for that size of a development. Uh I would have thought it would have been bigger. Also the access road or the entrance road is that only one lane or is it two lane? And what do you do in regard to emergencies? If you've got all the cars coming out at one time, how are you going to get a fire truck in there, an ambulance or any of that? Um, again, I I'm not for it. The sound, the light, the traffic. I think the traffic is going to be a mess. You're going to have uh, you know, drunk kids driving on that road is just a a scary thought. Um, and then on top of that, people may be leaving their cars there when the wedding is over. I mean, it's supposed to close at 10:00. If any of you all have been the weddings with young kids, you know that if it ends at 10:00, that means they leave by maybe 12 or something like that. So, um, I I don't think those hours are actually legitimate or can be held that way. Um, and the you'll you also get uh Ubers going out there all the time. That is going to add to more traffic. then you're going to have somebody driving out in the morning early to get their cars and all of that and that's going to add to the traffic also. So anyway, I'm I'm against it and um I I would really be against it if I butt up next to the property because I think it would be a a pain in the neck all the time. Thank you. Thank you, sir. Appreciate it. My name is Pete Bose. I live at 16980 Black Oak Road. Um, Black Oak Road is is terrible. Even after the new fixes that they put on it so far, I mean, there's places on it that that they've put the gravel on over on top of the black top that the it's wore off or they didn't do enough black top. You know, it's it's

terrible. And I don't to fix it, they're going to have to go back and redo it again. But, you know, that road is not set up or maintained enough for that much traffic. And uh I just don't see putting it putting that much more stress on already overburdened road. And uh as far as as uh Scott goes, I've known him a long time and he's put his his heart and soul into this place. And uh let me tell you, whenever when he first bought it, you couldn't drive a truck into the driveway. And uh and uh he cleared every bit of it and did a great job, too. But um I think it's it's agricultural need to stay that way. You know, there's too much land in this area that now is nothing but rooftops and people's made a lot of money on it except the people that live around there. So, we need to get rid of that and keep agriculture agriculture. That's all I got to say. Thank you, sir. Appreciate it. Hi. If you would state your name again for the record, please. Yes. My name is Jessica Rogers and I live at 15582 East Black Oak Road. Thank you, Mr. It is this house right hereed up next to these six houses. Uh my husband, Jacob and I purchased our land at the tax sale in 2019 and built our dream home. If this proposal is approved, our home and community will cease to exist as we know it. We'll find ourselves with a front row seat to a 300 person event venue with weekend traffic, large crowds just feet from our backyard, bright lights at

night, music, overnight strangers near our children, and the very real risk of trespassers under the influence. Um, he owns almost 70 acres, and this is all shoved right next to us, Scott and Brad. I won't talk about the road anymore. I think y'all got that. Um, I just also want to note that it's no coincidence that uh, Mr. Gully has pushed the project down into that corner. He's trying unsuccessfully to distance it from the poultry farms that border his property. It's hard to imagine many brides giving a five-star review to a venue that smells like a chicken house. Um, that's it. I just wanted you guys to hear from me. Thank you, ma'am. Appreciate it. Mr. Webb, you've already spoken. I'm sorry. We can't I have my wife up there, but I don't know about I mean, I'll let her try. We I just can't We can't go back and forth. I'm sorry. We'd be here all night. I apologize. I just got one question I ask. I'm sorry. What's your question? I'll ask it for you. Question is I forgot so where that road is that he comes in. When I bought that place, the canopy was so small. Trees, all my big trees line down that road. How just worry about if he digs to put the water lines in and stuff. I'm going to lose all my trees. Okay. All right. We'll address the property. That's what I was worried about. How's that work? Okay. We'll address that. All right. Anybody else have public comment on this? Okay. Seeing none, I'll close public comment and bring it back to the applicants. Yeah, let's start professional. So, talk us through the concerns with storm water runoff, the engineering that's been done there, um that sort of thing. Let's

start there. All right. Um I'll let Braden speak to that. Um to kind of set that up and set the stage for that, uh Mr. Goalie has 69.28 acres. And if you total up the structures that are going to be there, which is going to be around 6,700 square feet, that's like a big house. There's people whose houses and shops and accessory buildings out there total more than that. That's 0.002% of the land. And so I just wanted to set the stage for that. I'll let uh Braden speak to the drainage. As for the drainage, um we've named it Goalie Ranch kind of as a pun if you would, as it is a bit of a goalie. Um so there's quite a bit of runoff going through his site. Um as local codes and state codes and federal codes demand, we must reduce peak runoffs and that's what these three detention ponds are doing. Um, they are also there to reduce any on-site or upstream erosion so that neighbors downstream will not receive near as much I'm sorry increased erosion. Okay. Thank you. Um, the ingress egress that's you as well. Can you talk a little bit about the width of there? That's the the lane width what we're we're looking at there. We are proposing a 20 foot street or I'm sorry a gravel road 20ft gravel road which is minimum standards for fire. Um just to let everybody know in the audience that black oak is 20 uh is currently 21 feet wide and we are

proposing a 20 foot wide street gravel road. All right, other questions of the from board members. There's uh been some talk about the u just the sewer or septic runoff and what provisions has there been any from your findings as engineers has there been anything in addition that's that's necessary to support this with the with the lay of the land and not running that kind of thing on the neighbors. We will have we have had our site perk tested and we'll have a septic engineer design per the needs of this event center. Yeah. Like anything else, it it'll you'll meet state health department requirements. Yes, sir. Okay. Yes. In addition to that, the proposed five um cassitas are small. They're around 400 square foot each. So, it will operate under a single septic as if it was a five- bedroomedroom house uh to minimize the exposure there. Um, another one of the questions was talking about the utilities and the impact to my neighbors. The way that is proposed, it will actually go underneath the road to make sure it's not going to impact any of the roots in his trees along that. And then, uh, for my neighbor, Mr. Wolf there. Uh the rainwater detention ponds will not minimize any of the water that's currently going to his property. All it will do is what we're proposing is filtrate it or to try to make sure that it takes off some of that runoff in it, but they will still receive the same amount of water that they currently have in place. Okay. Any other questions of the applicants? Uh, is there a code of conduct, rules, whatever for your guests that they must follow or or

be ejected? There's is there have you developed anything like that yet? So, we don't have anything written. Um, I will be on the property. We will adhere to the times that we propose just like any other venue. They turn off the music and they shut it down at that time. Um we will we plan to operate in the same the uh as far as the lights there's not going to be any large overhead lights in the parking lot that is going to amplify and then as far as the noise for the venue it's going to be inside of the venue as far as the music. Yep. Music will be inside the venue. All right. Any other questions? Okay. Thank you, Brian. I'm gonna take advantage of you being here. I'm going to ask you a couple questions. So, Black Oak Road is a public highway, a public road maintained by Washington County, correct? I believe so. Yes. So, it would be the responsibility of Washington County for road improvements or any any whatever you want to call it, maintenance that's required as part of this. Yes. It's also Washington County and specifically the sheriff's department responsibility for um regulating driving speeds, drinking and driving and all that as well. That'd be correct. Okay. Any questions of county attorney on this? Okay. Thank you, sir. One, there's some really valid concerns we're hearing and we have asurances from the property owner. what happens down the road. There's no revocation mechanism if they don't do what they say. There's no once we give the CU it's done and whatever happens happens. Is that I mean there's no recourse for revoking a CU for example for not adhering to those there there is. Okay.

Yeah. If there were violations of the conditions of approval, the complaints would go to the county, then you the sheriff after him. We you could revoke the large scale. Sorry. We will seek both civil and criminal remedies based on violations. Yes. Okay. So that hopefully will I don't make some again. It's not what you promised. There is a remedy. Yes. Okay. Thank you. But I mean, we're we're not approving the project. We're just approving the Yeah. What we're talking about right now is the conditional use permit. Yeah. We're not talking specifically about approving the project. It's approval of the use of this land for this purpose. That is correct. But that conditional use permit could be revoked. Okay. What are the conversations board? Sam, is the signage addressed in here? I saw something. Yeah, there there's going to be a monumental like uh lead sign uh by the entrance and like I believe so, right, Braden? Yes. And it should be like in accordance to like ordinances like shining down and stuff like that shielded. I did have one question Sam that the 30 neighbors that have spoken in favor of that is that written oral phone calls? I have all we have all the emails from both sides. Okay. Okay. Yeah, I I will say that I've gotten a few calls that are in support of this from neighbors as well. They're not likely to show up and especially

with the conditions the way they are. And I would concur with that as well. I've had several phone calls from folks that were against it. I've had several phone calls from folks that are Yeah, we listed the names of both sides just for that case. Okay. Thank you. Sorry, I didn't mean to interrupt you. And and like I said before, the I they're extremely valid concerns uh in in some cases, but does that outweigh the the the freedom to use your land as you see fit? That that is the question. Uh you know, none of us want anything beside us that wasn't there before, but that's just what happens. and and again I'm I'm sorry this a long a much much longer conversation to have but that for for me I I I tend to without extreme conditions I tend to have the attitude that you do with your land as you see fit. So, I'm I'm going to encourage to uh approve this. Hey, man. Come on, folks. Let's Let's keep it. We've had public comment. We brought it back to the board for action. We're going to take action on it. There is an appeal process. So, let's let's let this board do its job and due process keep this moving forward. So, I'll get the ball rolling by making a motion to approve. Second. We got a motion for Hey, please don't make me clear anybody out of here. Well, let's keep this civil. You have not listened to the majority of people. We have to my count 30 people in favor of it and 35 that have spoken against it. How many people there? Okay, guys. Again, it's they don't live there. All right, we got a motion and a second for approval. All those in favor say I. I. Any oppose?

I cannot believe this. You guys are disgusting. I'm sorry. I didn't hear how many. It was unanimous. I'm dark inside. I have a beautiful life that this is what happens. That's criminal for someone to put all those on there that said they live there and gave him the list that that there was not one person on there. That was his mom and dad. They live in the city and y'all know them. All right, that's enough. All right, let's move forward. Next item on the agenda is Gilmer, I'm sorry, Replat of Lot 5, Magnolia Acres Subdivision Phase One County Land Development. Start with a staff report, please. The vicinity map, site map, neighbor notification map. The applicant is requesting a subdivision replat to be able to split a 6.03 acre parcel into two tracks. Tract 5C would be 5.63 acres and track 5D would be point4 acres. The new point4 acre parcel would be split to be used as an access utility easement and transferred as its own parcel to the adjacent property owners as a non as non-buildable land. To date, planning staff has not received any complaints about the project. Okay. Thank you. And this is in conjunction with what we did at board zoning adjustments as well. So, um, all right. Any questions of staff from board members? Okay, seeing none, I'll open it up if the applicant or the applicant's representative is here.

Good evening again, Alan Reed representing Gary Fifthian on a replat of track 5B. Yes, sir. Any questions? I'll be glad to answer. Basically what we talked about earlier, working on an ingress egress, you're creating a non buildable lot or a non-developed lot. Exactly. Yeah. Just trying. All right. Any other questions of the applicant from board? Okay. Seeing none, I'll open it up to public comment. Is there anybody here that would like to comment on this issue? Okay. Seeing none, I'll close it and bring it back to the board for action. Mr. Mr. Chairman, I move that we approve the replat of lot 5A Magnolia Acres as presented. We got a motion. Is there a second? Second. Motion in a second. All those in favor say I. I. Any opposed? All right. Thank you. Moving on. Gilmer replat lot 13, Summers original subdivision. Start with the staff report, please. Vicinity map, site map, neighbor map. The applicant is requesting a replat to split one parcel into two tracks. The parent parcel, which is located within Summer's original subdivision, lot 13, is 1.96 acres. After the split, tract one would be one and track two would be.96 acres, respectively. To date, no staff has not received any complaints. Okay. Thank you. Any questions of staff from board members? Okay. is the applicant or applicants representative here. Hello, Blaine Ashley with Bates and Associates representing the Gilmers on this project. Um, here to answer any questions if you have any. Okay, questions of applicant from board members. Okay, seeing none, I'll close it. Open it up to public comment if there's anybody here that wants to make public comment on this item. Okay, seeing none, I'll close public comment and bring it back to the board.

Make a motion to approve the Gilmer refat lot 13, Summer's original subdivision. Second. We have a motion and a second. All those in favor say I. I. Any opposed? Okay, let me get my bearings. Okay, item E, Royals minor minor subdivision. We'll start with a staff report, please. The vicinity map, site map, neighbor notification map. The applicant is requesting a minor subdivision to split one lot into three additional lots. Currently, the parent tract is 39.35 acres. After the proposed split, new lot one would be 1.29 acres. New lot 2 would be 1.29 acres. New lot 3 would be 1.29 acres as well. and the remainder of parent partial lot four would be 35.48 acres. To date, planning staff has not received any complaints. All the proposed lots have highway frontage. Correct? Yes, sir. Okay. Thank you. All right. Any other questions of staff? I'm sorry. Questions by board members for staff. Okay. Is the applicant or applicants representative here? Yes. My name is Dave Jorgensson and I'm representing this lot split request. Um, it's the Broyals lots split and I'd be glad to answer any questions. Anything out of the ordinary we need to know on this one? Nothing. Okay. All right. Any other questions of the applicant from board members? Okay. I'll open it up to public if there's anybody that would like to make public comment on this item. Okay. Seeing none, I'll close public comment and bring it back to the board. Make a motion to approve the Broyals minor subdivision as presented. We got a motion and a second. All those

in favor say I. I. Any opposed? Moving on. Item F, Watson Minor Subdivision. Start with the staff report. Vicinity map. Site map. Neighbor notification map. The applicant is requesting a minor subdivision to split the parent tract into four tracks. The parent tract is 8.28 acres. After tract one would be 2.48 acres. Track 2 would be 2.97 acres. Track three would be 1.67 acres and track 4 would be 1.16 acres. To date, planning staff has not received any complaints about the project. Okay. Questions of staff by board members? Seeing none, applicant Tim West with Atlas Professional Land Surveying. I'm here tonight to represent Mr. Watson in his minor subdivision. I do not believe I can explain it much better than staff has, but I am willing to answer any questions that you may have. Only question I got is because my drawing is small. Three and four have road frontage. That's a dedicated access and utility easement back to one and two. Is that correct? That is correct. What is the width of that easement? 30. And that's utility and access. That is correct. And it also has um we also have an additional 10-ft UE outside of that. So So technically we have 50 foot utility easement through there. 30 foot access. Okay. Thank you, sir. I appreciate it. Any other questions of the applicant from board members? Okay. Thank you. Any public input? Anybody want to speak to this item? Okay. Seeing none, I'll close public comment and bring it back to the board. We have a motion. I'll second and a second for approval as presented. All those in favor say I. I. Any

opposed? Okay. Next is the replat of lot 5, Rolling Hill Estate subdivision staff. Vicinity map, site map, neighbor notification map. The applicant is requesting a subdivision replat to split lot 5 within rolling hills estate subdivision into two lots. Currently, lot 5 is 4.8 acres. After the proposed split, the new lot 5A would be 3.8 acres and new lot 5B would be 1 acre. To date, planning staff has not received any complaints. Okay. Thank you. Any questions of staff from board? Okay. Is the applicant or applicants representative here? Hello again, Blaine Ashley Bates and Associates representing the property owners on this project. Um, yeah, here to answer any questions if you have any. Same thing. Nothing out of the ordinary on this one that we need to know about. No, nothing out of the ordinary. Okay. Any questions of the applicant from board? Okay. Seeing none, I'll open it up to public comment if there's anybody that would like to make public comment on this. Okay, seeing none, I'll close public comment and bring it back to the board for action. I'll make a motion to approve Rolling Hills State Subdivision. I'll second. We have a motion and a second. All those in favor say I. I. Any opposed? All right, moving on. Item H, Gully Ranch LLC, Preliminary Large Scale Development. We'll start with the staff report, please. Vicinity map, site map, neighbor notification map. The applicant is requesting a preliminary large-scale development to construct and operate a 3,375 ft event center in addition to one

residence and five rental cabins, which are intended to serve the event center, visitors, and as short-term Airbnb rental properties. The property is about 69.28 acres. The development's land disturbing activity will be using 10 acres. The proposed center will include a gravel driveway and sidewalks, 116 gravel parking spaces, which five are concrete ADA compliant stalls, a septic system, existing natural vegetation and native canopy, a monumental illuminated sign by property entrance, and three detention ponds. The detention ponds and driveways are engineered to remedy the natural water runoff to minimize land erosion. The proposed development will have events scheduled by appointment that would operate Monday through Thursday 10 a.m. to 8:30 p.m. and Fridays through Sundays 9:00 a.m. to 10:00 p.m. with events scheduled during the evening hours as needed. Each event can host up to approximately 300 guests, including clients, with an estimated maximum of 116 vehicles per event. The center will be served by 3 to eight staff members based on the event size and event date. Employees will not be on site daily. Okay, I appreciate it. Obviously, there's conditions, planning conditions on there for your review as well. Any questions of board members for staff? Okay. I ask the applicant and applicants representatives to come up and I will start this with I apologize. I kind of to Mr. Mr. McNut's point, the original conversation was on the large was on the conditional use permit and I kind of allowed more conversation that's under this part as far as drainage and that sort of thing. So, we're going to repeat some of it and that I apologize. I should have probably

limited that a little bit. No, that's fine. Okay. All right. So, um again, tell us a little bit about what we're talking about here. Uh, I know we've addressed the water, we've addressed the the the um ingress, egress, we've addressed a lot of this already as far as the large scale development. Again, I apologize that we did that kind of bunched in with the other one, but is there anything else that we need to know? I guess I'll start with the applicant. Have you seen the conditions of of approval? Yes, I am. And I'm in favor of them. Okay. You don't have any issues with any of those? The the time sets, all that's good? Absolutely not. Okay. Um, any questions aboard? Again, I apologize to y'all. We kind of covered this in mass at the first one. So, we've already addressed a lot of this. So, any other questions of the applicant we need to ask at this time? Um, you heard the neighbors. I mean, the the off premises concerns of traffic, deer, and all those things are not really your issue. You you've got a piece of property and you're you have an intention to do something with that piece of property. But you did hear the concerns of the noise and the parking and this that and the other. Having heard that, I would like to ask that you take into consideration any changes, modifications, movements, you know, can you move it back 100 ft? Those kinds of things. I don't know the topography. We can't make you do that. Don't don't want to make you do that. But I think if you can, you should try to accommodate folks based on what they've said. Uh, also you I don't think we can put a condition of being a good neighbor on the uh LSD, but you know, you can't force somebody to be a good neighbor and would sure like you saw the opposition. I think there's some work to be done to to uh retain some friends by by your management of the facility.

Yeah. No, absolutely. I plan to continue to be a good neighbor. I've never had any bad discourse with any of the neighbors. They actually come over and bring their children and pet my horses and feed them, but um I don't know if there's anything I can do to reconcile that, but I plan and I will. This will be my primary residence. So, all of their concerns would be my own concerns as well. In addition, this property has so much canopy surrounding it, they can't even see onto my property. it's 100 feet elevation to the nearest property. So, um, a lot of their concerns, um, I understand being passionate about where you live, I'd be passionate about it as well. Um, but I think some of them were off base. So, whenever I was up here trying to explain it, how small the footprint it is, the distance, the noise concerns, those are all would be concerns for me. And I'm staying on it primarily. And I love it. I love the agriculture about it. and I'm extremely excited to be able to share that with the community as well. Okay, any other questions of the applicants or applicants representatives? Okay, appreciate it. Open it up to public comment. If there's anybody that would like to make public comment on the pre-large scale development aspect of this. Okay, seeing none, I'll close public comment and bring it back to the board. I'll be the one to make the motion to approve as laid out. We got a motion for approval subject to planning conditions in a second. All those in favor say I. I. Any opposed? Okay, moving on. Item I, Belleview Venue and Grounds, preliminary large-scale developments, vicinity map, site map, neighbor

map. The applicant is requesting a preliminary large-scale development approval to allow the operation and development of a wedding venue on a 2.21 acre. The 8,861 square foot main building will accommodate up to 300 people, which will have gravel parking spaces, sidewalk, existing natural vegetation and native canopy, a monumental eliminated sign, an adequate septic system, and a 6,434 cubic foot capacity dry detention pond. The 2024-160 Belleview Venue and Ground CUP was approved by the planning board on June 6th, 2024 and ratified by the quorum court on uh June 20th, 2024. The facility will initially have two employees with the goal of a total of four full-time employees in the future. Proposed hours of operation is Monday through Thursday 8 to 4:00, Friday and Saturday 8 to 11:00 and Sunday from 8 to 10 with the main business days being Fridays and Saturdays. To date, planning staff has not received any complaints about the project. Lauren had to step away from her minutes. Uh, any of the board members have questions for staff? applicant present. Finally, Carolyn Ram. I currently live at 844 Seasons Drive in West Fork and I'm open to any questions. Addie Monsie with Bates and Associates. I'm the engineer on the project.

Okay, bring it back to the board. Oh, yeah. Public comment. If anyone wants to speak on this, back to the board. Now, was this this was um dealt with before, right? Oh, yeah. At one point. Has it moved locations or is this the exact same deal? It's exact same everything. We're just like doing the uh the CP was approved. Everything was approved, ratified. They're doing just a large scale part. So with the designs and all of those. All right. Very nice. In that case, I'm going to go ahead and make the motion now if we have a quorum to uh pass. I'll second. All those in favor? I. All those opposed? We'll see you on July. See you July 10th. Uh and hopefully everything is going to be like much much better. So motion to adjurnn. Oh, sorry. All right. Sorry, I had to take a little recess there. Any other business? You just covered that. So I'll entertain a motion to adjurnn. Motion to adjurnn. Second and third. All those in favor say I. I. Any oppose? Thank you. Yeah, no problem.