Planning & Zoning Board - Regular Meeting

All right, let's go ahead and get started with the September 25th, 2025 Washington County Planning Board meeting. We get a roll call. Anthony McNut, Jay Piery here, Micah Thompson here. Robert Doerty here. Shantill Purer here. Marla Pearson. Lauren Shackleford.

Before we get started, we have a little bit of housekeeping we need to do. We need to uh nominate and elect a new chair and vice chair. So, I will open the floor to any nominations for chair. I nominate Lauren Shackford to be the chair, please. I'll second it. Go ahead and take it to vote. All those in favor? I I uh second. We'll go to vice chair nominations. I'll nominate Jay Pearson to be vice chair. I second it. Take it to a vote. All those in favor?

I. All those against. Y'all have all seen the minutes and had a chance to look at them. Any comments, questions? If not, I'll take a motion to approve the minutes from the July 10th meeting. Mr. Chairman, I move to approve the minutes as presented in the July meeting, please. I'll second, J.

All right, we'll take it to a vote. All those in favor? All right, they're approved. Uh, next we have the September 25th, 2025 agenda. Is there any changes? No, sir. All right. I'm looking for a motion to approve presented. I move to approve the agenda as presented. Please

second. All those in favor? They want to be able to hear what you want.

Test the audio. Can you go test the audio? See if you can hear. I don't know. Test test test. Nope. Nothing.

Hey Sam, I think what we need we're just going to have to go and then when we when it gets to public comment um we'll just you'll just need to go out and see. Absolutely. We'll let them know. No worries. Before we get started, just want to address that there's only four of us here and kick it over to the county attorney. they let him explain how that's going to work.

So your the rules require that a majority of the entire membership of the planning board uh is required for to recommend or pass anything on to the quorum court. And so any CUP tonight that in order for any CUP to be passed on to the quorum court, it's going to take all four of you to vote. Uh when it comes to um the land the de uh land development hearings, it'll just be a majority of those present. All right. Uh, we'll start with the silver lining ballooning cup. Is the applicant present? Staff report. Oh, yeah. There you go. Staff report. See, I'm trying to speed things up.

Vicinity map, the site map, the neighbor map. The applicant is requesting a conditional use permit to operate a hot air balloon business and to construct a shop/off space. The subject property is 4.06 acres with the project's construction occupying approximately 0.25 acres. Construction would include a 30x50 pole barn style building on concrete pad which would serve as a maintenance shop and an office space, a 10x30 covered concrete porch attached to the building and gravel parking for three to four vehicles. The site would also include a designated 200x 200 hot air balloon operations area which will remain undisturbed land. Operations would occur two to four times per week from sunrise to three hours after sunrise and or from 3 hours before sunset to just after sunset weather permitting. There would be two employees on site during operations. Seven notifications were mailed to adjacent properties. Planning staff has not received any complaints regarding this project. The planning conditions Is the applicant present?

Please state your name and address. Joseph Kenderson, 13784 Hogy Road, Prairie Grove, Arkansas. Any questions? Do you just mind giving a brief very brief overview? It's a very different

Yeah, it is a very different it's a very different use for for property. Um, hot air balloons are launched from all kinds of different areas, from church parking lots, from Walmart parking lots, from basically anywhere that there's enough space. Um, it works on reverse engineering. So, when we fly, we fly where the wind is going to take us. So, we try to launch where the wind is uh going to take us, where we can land. Um, looking from our property facing north up into Farmington, up into Prairie Grove and up into Lincoln, uh, which is the common direction the wind is blowing from, which would be the from the south. We have a a plethora of good land and good good areas to land in. Uh, we've created a working with the community of Prairie Grove. We just did a tether, which is a hot air balloon tied to the ground that goes up and down during their last street dance. We're working with the Second Saturday group and the Lions Club out of the out of Prairie Grove. So, we're very concerned, you know, concerned and conscientious of our of our community. Um, we fly right at around sunrise to just after sunrise. Uh, all of our neighbors that are right in direct contact with us are all very supportive. They want to see us. They love to see the balloons. They love to see them go up and be flown. And so, uh, yeah, we're just that's what we're looking to try to do. And then the evening flights are rarer because the wind is generally going only in one direction in the evening and we don't I don't get steerage as the pilot. I can't control the direction of the balloon as much in an evening flight. So typically the flights are most mostly done in the morning.

Do I understand that that we're we're talking about non-tethered flights? Non tethered tethered and non non-tethered flights. I don't plan on really doing anything other than community outreach tethered on the property. Um, but that would be, you know, those would be from sunset till maybe 9:00 at the latest and those wouldn't be a large, they would just be for the neighbors and for local people. C can you walk us through kind of that landing process then? So, let's say that you're off target for whatever reason a little bit. How do you deal with that?

So, it's land management. So my crew who's driving following me in a in my truck will try to, you know, access the the the person who owns the property and uh and say, "Hey, look, the balloon is we're going to try to land here. Are you okay with it?" Um I don't ever land in fields occupied by cattle or horses. I try to maintain at least 500 feet over any kind of horses or cattle to not run them or run them into fences. I'm very conscientious about flying over, you know, people's livestock because there are a lot of livestock around us. So, the fields have to be empty. Um, but I mean I you can land in parking lots. I've landed in the uh in the storage facility that's right off of 62 in in one case. I landed in a field back where they do the uh the big sales off 62 right there behind Casey's. There's some open fields back there. I've landed in them. um I've landed on, you know, some some property, but we do our best to try to, you know, let people know um what's going on and we're trying to, you know, collect a balloon. Obviously, if somebody comes out and says, "Hey, look, I really don't want you to be here. We're worried about it." Um I will endeavor to take back off and then go to go to another open area or I will mark it on my map as a no-fly zone or no landing zone and respect that that homeowner, land owners, landowner relations are huge for what we do. So then uh right now as it sits today, you have sites that you have access to.

Yes. Well, in writing something. Yeah. I've landed in in several sites and I've never I've never had a problem. And that's that's consistent with ballooning, hot air ballooning as a as a you know, a hobby or a thing, a sport. It's really it's landowner relations. We're very respective of people's property. We don't go rutting up their property. We try to bring the balloon off to the side to to a road or some area where it's easily gotten by the crew without having to uh any damage at all to to people's property. Is it possible to preemptively trespass you to say not only is it no land zone as a land owner?

Yeah, as a land owner as a land owner, we go around with our cards. I have business cards and I do hand them out to to land owners and people around and yes, they can preemptively say, "I don't want you to land on my property." and I will mark it on a large map that that's a red zone and I will not land there. So, yes, there is there is the capability of doing that. Is that considered a trespass? And this is probably a legal question. Um, I would I would say I I would consider myself trespassing because if it was me and I didn't want a balloon to land on my property and a person did it anyways, then I would trespass him because if that's I really just didn't want them on my property that yeah, I would say that that that would be Thank you, sir. Yep. Anyone from the general public like to comment?

Lock Nikki Lockett in Greasy Valley and Prairie Grove. And I really didn't plan on speaking on this, but when I heard I may have not didn't hear everything because I was outside. Um, but I would and maybe he addressed this. If he lands on personal property and there's an injury involved, what protects the land owner from being involved in a lawsuit?

Anybody else from the public? like to address your question. Yeah, I can address that really quick. I have full coverage for all my passengers and my my crew uh are covered under my insurance for the balloon and that does cover the land owners as well. They would be I would just apply that against my insurance claim if somebody had a a problem with somebody's land on somebody's land. That is a very viable uh good question and uh it it has come up before and the insurance that I carry does cover it. Would that be similar to say a fixed wing aviator? Yeah.

Making a emergency landing in a hay field causing damage. You would have the same

it's the exact same coverage. Yeah. It's the same coverage as if an air an aircraft had to make an emergency landing in a field. Um you wouldn't sue the person whose field it is. And this is the thing. This is where you do get people that, to your point, don't want you landing. And that's the reason why they don't. They don't want you landing because they're like, "Oh man, somebody's going to sprain their ankle." And next thing you know, they're going to try to lawyer up. But that comes to me. That comes to me. And that's another reason why I have an LLC and I I run a business and make sure it's insured. What if the property owner has loose dogs in the county and the dog bites and injures somebody?

Typically, if I see animals or dogs or anything like that, I will I just continue flying. I'll continue flying. That's being addressed. I don't uh I don't if I see livestock or any type of animals at all, I go on to another field. I'll move on down the road. Yeah. It's very rare. Just so that to clarify, when I'm coming down for a landing, I've got a reserve of fuel. There's never a condition where I have to absolutely land where I land. I have had people come out of their homes and go, I really would appreciate it if you don't land here. And I'm like, no problem. And I'll hit the burner and I'll go up and I'll go another quarter mile or another ways away to land somewhere else.

Yeah. Any other questions from the board, the applicant, planning staff? That being said, I'll bring it back to the board. Mr. Chairman, I move that we approve the conditional use permit request for silver lining ballooning. I second it. All those in favor? I. All those against. Thank you very much.

All right, moving on. We have the Mong Community Event Center CUP staff report, please.

Vicinity map, site map, neighbor map. The applicant is requesting a conditional use permit to build and operate a 50x120 event center intended for the Hong community to host traditional and cultural events. The construction is planned to take place in three phases and would occupy 1 acre out of the 40.37 acre property. The proposed operating hours for events are Mondays, Wednesdays, and Fridays from 10:00 a.m. to 2:00 p.m. with one full-time employee. Phase one construction would include a 50x120 metal building equipped with electricity along with 50 to 60 gravel parking spaces located on the north, south, and west sides of the building. A 3x4 nom non-illuminated sign until permanent restrooms are added in phase 2. An adequate number of portable toilets will be provided on site for event attendees. Phase 2 construction would include a 20 25x1 120 addition to the main building. The addition would include a 25x5 janitorial closet and a 25x 20.5 restroom area which will be divided for separate use and equipped with adequate septic capacity. Phase three construction would include 25x 45 commercial kitchen and a 25 by 15 pantry. This project was pre previously approved for conditional use permits under CUP 2019203 and CUP 2021 313. These permits were approved by the planning board and rat ratified by the quorum court. However, these projects were never constructed or brought into operation due to logistical and financial challenges. 16 notifications were mailed to adjacent properties. planning staff has not received any complaints

the conditions if you've noticed it was like 2019 and 21 that's during the height of the pandemic. So Sam, will this have to go to large scale?

It was not recommended by the uh engineer because they're not like doing anything like substantial beyond like one acre. It's just like it's just like an hanger basically. Got the applicant present. Please uh state your name and address. My name is T Lee. I'm the president of Mong Association, Inc. which is located at 24283 North Highway 244 Summers, Arkansas.

Can you tell us a little bit about the project? The project is the Mong community is living in this no west Arkansas area and we have a population over 2,000 people in here and we do not have a place that we could do our traditional events search light spiritual wedding and other events that we normally would do. Therefore, this building is important to the communities and that's why we need this building. Board, do you have any questions? So, as it's proposed with phase one, what you're asking for is for phase one, no septic, but but septic in phase two and then completion in phase three. Can you can you kind of walk us through that timeline on that completion one, two, and three and why you wouldn't do septic on the first phase? Again, this is a nonprofit organization. So, we do not have any funding from anywhere to do it. Therefore, pretty much it's receive donations from the community and from some uh large business here. So as the time goes by, we have enough large enough money to do then we will complete each phase. As of now, we do have enough fund to complete phase one and then we'll continue raising some fund to do phase two and continue on for phase three. I would say each phase would take about a year to do it. It depends on the cost. If we could get a bid that's lower that we could afford that it could be maybe three months, six months down the road. It all depends on who would come out and belt

and how much they would charge us. So what guarantee would there be that the septic would in theory ever get done? I'm I'm sorry I can I didn't hear you. I can't answer that. Go ahead. So for the CUP the requirement is to have a perk test or a soil work that's approved by the health department and they've done two of them and both of them were approved and they already have like a septic design with like a designer and like the installation is going to happen. Health department is aware. So that's going to happen whenever like they need it and they're going to contact the health department to have the inspection done for it. So,

but as it sits right now, this could in theory five, 10 years down the road, they have events for 10 years, 150 people maximum and never be in a situation where they do have Yeah, they do have like a porta party I guess right now uh on the on the area where like that is going to be constructed and the health department is aware of it. I guess like they have a contract with a company that can like bring and like remove the old ones. So So for similar size event centers

would we allow profit or not would we allow a similar size event center anywhere else in the county to construct the event center host events without having septic and most of the time like they have like to have something like ready when they start like having the events. So, so they have to construct the septic like have it in place when they have like people in like using the facility but not according to this request.

Yeah, he is going to have like a porter party and as I said like that's according to the health department agreement but eventually he's going to have one once like money is available for it. We do have like a condition that says like he needs to be he needs like to be responsible for executing the ADH and utility providers like requirement and approvals. So he needs to have that like done before anything else. Yeah,

I guess I'm answered my question but not really to the extent that at some point we can't compel them to add septic at any point in time. No, they have like they will like the health department will like make sure it's a state requirement when yeah whenever like he's ready for it and like they have the inspection for it. Mr. Lee like I guess like that's was the and that's what I don't understand when there when you're ready for it versus when it's necessary based upon the occupancy those if those aren't the same thing that could be problematic.

Yeah. So Mr. Lee do you have any you have any like answer to this? Are you going to establish the septic while like you're building? The subject is important to us too. So we will that's going to be a priority to as well. So when we have the phase one complete the phase we move on to phase two which is going to be the septic and that's very important to us. So we got to start building the subject ASAP as well.

The board can add like that condition to have like that septic built before like the end of phase one. It's you can always like add this condition before occupancy or like the use of the property. I I would like to make that motion. I would like to modify this request to add the septic into phase one.

You're aware of that? Yes. At the subject to face one there, I don't think there should be a problem. Thank you. We plan on doing that requirements. Thank you, sir. Appreciate you. Thank you very much. Anyone from the public that would like to comment on this?

So, we're not seeing anyone. We'll bring it back to the board. Entertain a motion. So I I would like to make a motion subject to the change to add septic to phase one. Second. Take it to a vote. All those in favor? All those against staff will add that condition and repost online. Thank you.

All right. Moving on. Urban still cup staff report, please. Vicinity map, site map, neighbor map. The applicant is requesting a conditional use permit to operate a welding and metal working business, Urban Steel. The business intends to lease the 4800 ft metal building located at 4705 East Monitor Road, occupying approximately.9 acres of a 23.04 acre property. Proposed hours of operation are Monday through Friday from 6:00 to 6 and Saturday and Sunday from 6:00 to noon with a total of seven employees. The site includes an 81x 51 metal building with two restrooms, seven gravel parking spaces, and a 3x5 non-illuminated sign is proposed to be added. The building is equipped with water, electricity, and a septic system that is adequate for the number of full-time employees. No customers will visit the site, but materials will be delivered to and picked up from the shop. This project was previously approved for conditional use permit under 2016. The permit was also approved by the planning board and then later ratified by the quorum court. However, this project was never initiated or brought into operation due to logistical and financial challenges. Six notifications were mailed and no complaints were received. Any questions of staff? Is the applicant present? Please come forward. State your name and address, please, sir.

I'm Tim Newberry of 314 South Thirdrd Street in Rogers, Arkansas. I'm Okay, thank you for that. I am not the applicant. Our applicant is is my realer. Um, but I'm happy to answer any questions about Urban Steel. Just want to give us a little rundown of what we're what the plans are. Yeah. So, we're a a metal fabrication company. We build staircases, handrails, that kind of stuff. We'll build them on site and then take them to the job site and install them. Build the spec or is it We're talking inventory stacked up around the edges. How does it

There will be some not necessarily a lot of inventory, but we will have beams that come in and we cut them to length and then we'll ship them out. So, we will be storing material How long you been in business? Um, since the beginning of the year. Where are you operating right now? In Springdale and Fort Avenue. We've outgrown our space. Any other questions? Thank you, sir. Thank you.

Anyone from the public that would like to comment on this project? Doesn't look like we have anyone. With that, I'll bring it back to the board. Mr. Chairman, I move that we approve the conditional use permit request for urban steel as presented. Seconded.

Take it to a vote. All those in favor? I. All those against. Next on the agenda, Riverrest Orchard CU staff report, please.

Vicinity map, site map, neighbor map. The applicant is requesting a conditional use permit to bring the property into compliance to continue hosting seasonal festivals and to add an additional kitchen building. While initially unaware that a CUP was required, the applicant is now actively participating in the permitting process to ensure full adherence to all county regulations. Rivercrust Orchard is located on 60 acres at McGara Farms, a historic farm that has served the Northwest Arkansas community since 1824. Rivercrest Orchard operates as a full produce farm that combines traditional agriculture with immersive seasonal festivals and freshmade food experiences. Seasonal events include the fall festival, tulip festival, strawberry festival, and Easter festival. The hours of operation during festival seasons are March through June and September on Saturdays and Sundays from 10:00 a.m. to 6:00 p.m. and is open daily in October from 10 to 6. During festival seasons, Rivercrust Orchard has approximately 75 employees. The property includes a 90x100 main barn, two 30x30 pavilions, a 36x40 restroom area on septic, various portable toilets throughout the property for convenience, a grass grass parking area for 285 vehicles, six ADA parking spaces, various festival attractions, produce fields, a 4x8 sign, and eight and an 8ft privacy and game fence around the property. property. The proposed additional structure is a 40x60 kitchen building to serve as Rivercrest Orchard Grill. The applicant is actively working to obtain a certified kitchen license to comply with the rules and regulations set by the Arkansas Health Department.

74 notifications were mailed to adjacent properties. Planning staff received one complaint regarding the project citing increased traffic and residential area incompatibility. the planning conditions to add. The applicant is also like actively like working with round mountain fire department to secure like everything they need for that kitchen and the hood and like the suppressant and all of that. So, any other questions of staff? Applicant, please come forward and state your name, address. My name is Dennis McGor. I'm Timothy Emagar.

Give us a rundown of what y'all are trying to add here. So, what we're adding to our farm, our farm is a aggra tourism farm, of course, and a produce farm. So, uh we have previously had food trucks at our farm. uh hadn't went really well as far as trying to keep them there and on our schedule and clean

uh and clean. So, we've decided that we would add a kitchen to our farm uh so we could handle all food operations from now on during our uh festivals. I mean this this to me is and I don't know if we've got a specific did we ever come to an agreement as a county on what agra tourism is. Yeah. So you want me to explain? No, I know exactly what it is. But I mean to me this fits the definition of a tourism and agra use is for the county. So

yeah. So I mean we do have uh I mean we're a produce farm first. Uh we produce probably as much or more produce annually uh than anyone else in Northwest Arkansas. Uh we're the number one vendor at the Fagetville Farmers Market. Uh one of the top 10 at Bentonville Farmers Market as well. Uh we do the uh Agra tourism at our farm. We allow folks to come out and enjoy our farm because we have we truly have one of the most beautiful farms in Northwest Arkansas. We're sitting along the White River encompassed by the mountains all the way around. Uh we just think it would be a shame that not everybody got to enjoy the beauty of our farm. So, uh we've uh kind of uh opened it up and done festivals and everything on our farm. Every festival on our farm is centered around agriculture.

Yep. One of the main reasons we asked them to apply for a conditional use permit because like they needed to add that kitchen and they needed like an industrial like size electric and the electric company asked for that address and the fire department requested like that safety procedures. We're just making sure that like when they go like to a lending company or like they need like some insurance, they already have all the paperwork. Yes. Like we're in business and like we've been approved. That's it. Are you the original families that Yeah. So, yeah. So, you've been here longer than all of us. Say that again. You've been here longer than all of us. I have. Or well, my family. Your family has the farm has.

Yep. Yep. I am a direct descendant of George Maggar who is actually credited with the establishment of Fagatville. Uh, and being the first European settler in Northwest Arkansas. So, appreciate it. Thank you. Anyone here from the public that would like to speak on this matter?

It's good. West Craiglo 3237 South Dead Horse Mountain Road immediate southern property owner to the orchards. Um big fan big fan. It's the operation is clean. It's obviously well managed. It is not disruptive to our quality of life at all as sharing a fence line of probably a quarter mile or more. Um we're immediately adjacent to productive crop land. We love to look out and see that. It actually is aesthetically pleasing more so than just say a simple hay pasture maybe. And uh the McGaras have been great neighbors to us. Also I have an economic development background. I love that they create jobs, contribute to the sales tax base, and uh generally the betterment of our community in that way. And I would also go one further um and as a former city planner, I would submit if if they don't have a productive agriculture and agurism operation, my concern is that it becomes single family residential. I think that's probably where the pressure may be found otherwise. And the amount of traffic and and general noise and disturbance associated with several hundred houses on that property to me would would detract from our quality of life relative to what they're doing today. So I would much rather see it be sustained as at the current business that they have. Thanks.

Thank you. Anyone else? Seeing as there are none, I'll bring it back to the board. Mr. Chairman, I move that we approve the conditional use permit request for River Crest Orchard as presented. I'll second that motion.

Bring to a vote. All those in favor. All those against. All right. Adem vaugh recycling highintensity cup staff report please vicinity map site map neighbor map. The applicant is requesting a highintensity conditional use permit to re relocate Vawn Recycling to a 6.52 acre portion of the 13.26 acre subject property which is currently under contract pending permit approval. Bon Recycling would operate as a fullervice metal recycling facility serving residential, commercial, and industrial customers. The business will offer both drop off and rolloff container services for all types of metal ferris and non-ferris. Processed metals will be shipped to domestic domestic buyers for further processing or melting. A large quantity of loose steel brought in by customers will be stored in contained concrete bays on site and later transported to a local shredder in Rogers, Arkansas. The proposed operation will comply with all regulations regulations set by the Environmental Protection Agency and the Arkansas Department of Environmental Quality. Hours of operation would be Monday through Friday 8:00 to 5:00 and Saturday from 8:00 to 1 with 10 to 15 employees working during business hours. The applicant ant anticipates 50 to 100 customers per 8h hour business day with most only using the drive-through service. The site would include two 7500 square foot main buildings that would be used as a general lobby and a warehouse with a dock bay, a 300 square ft pay window

with drive-thru, 23 general parking spaces, two ADA designated spaces, 8ft fencing and natural vegetation for privacy, a non-illuminated sign attached to the fence, and a a retaining wall and a detention pond. If the CUP is approved, it will need to be uh proceeded to the large-scale development phase of the planning process. 202 notifications were mailed to adjacent properties. Planning staff has received 28 complaints regarding this project citing incompat incompatibility, potential health and environmental issues, and devaluation of surrounding properties. Seven comments were received in support of this project citing the business will help the environment and that it will bring economic growth to the area. This will be presented by the applicant and these are the planning conditions. Any questions of staff? Is the applicant present? Braden Wise with Basin Associates. Levi Vaughn, owner of Honor Cycling. Don't mind give us uh what you guys are proposing, what the plans are, go through everything and kind of fill us out. All right. As many of you know, uh currently we are located at Fateville. We're looking to relocate out towards the county. Uh we've been in Fateville since 2007. Uh but we are looking to

expand for uh development and we're looking our site. We buy metal and We load it and separate it into the proper bins. And then once they're stored uh and separated, they're then shipped out to a larger company who then buys processes and further cleans or shreds, melts down uh that process. We're looking to build roughly 14,000 square foot of warehouse where most a majority of our metal will be stored out of sight. um that metal that's not stored in the warehouse will be stored in concrete bins. Um kind of help separate and keep the site organized. Anything you want to add? So our uh our facility it's uh it mainly focuses on residential, commercial, industrial accounts. So, this is anyone that accumulates scrap metal from cleaning up your front yard, you know, uh, heating and air, plumbing, construction companies, demolition companies, people that produce scrap metal throughout Northwest Arkansas. Uh, it has to have somewhere to go. So, you know, we we have been in business for 18 years in Fateville and uh you know, we buy the material from the public. We process it, which is very regulated and uh you know, we package it either into bales, boxes, everything's organized and shipped directly to mills to be processed further to then later be melted back down to create new material for American consumers.

Oh yeah. So last year 2024, we recycled over nearly 22 million pounds of material. And that's metal only. We do not purchase any trash. We don't take hazardous waste. We don't take any explosive sealed units. That's strictly metal that is recyclable. And with that 22 million pounds of material, we paid out $5 million to help stimulate the economy of Fateville.

Any questions of the applicant?

So, why are you moving out of Fatville and relocating out to the common? So our main reason to relocate is there there's several reasons. I'll touch the first main reason. First main reason is the need in the Springdale area for metal recycling. As of you, as you all know, Springdale is pretty much the manufacturing powerhouse of Northwest Arkansas. It produces a lot of metal recyclable recyclable materials from all just it's just a manufacturing uh powerhouse. Um, the second reason is we have outgrown our property in Fateville, which is only 1.5 acres, which we've been there for 18 years, and it's got really hard the past three years for us to do business because of the influx amount of material. Uh, touching back on the first one. Well, yeah, I've already said that we we're moving to Springdale because the need of it is it's so much more needed in Springdale and Fateville.

Are you keeping your Fateville location? No, sir. We'll be selling it in the transaction to move to Springdale. So in in that sales transaction, do not disclose any of the terms to me

or publicly. I'm not asking for that. I'm asking in in a normal transaction like that, there would have been at least a phase one or if not a phase two or three in in that instance. How would that site, the one that you're vacating, how would that look from a EPA phase one, two or three. How would they look at that site?

I mean, we have I think SAM has all the documents that we sent them. It holds our EP all of our EPA documents, all of our ADAQ documents. They're all up to date. We had a few storm water tests that passed um this past year. Uh we do them every couple years, I think, is the regulation they want us to do it. Um, I mean, we've never really had any issues with the EPA at that location. And really what I'm asking is if if that site, if you were apply those standards to the new site where you vacate it for the next guy, what condition is it left in, do they have mitigation that they have to deal with, the new owner in that instance? Uh, no.

That weren't currently associated with the site. Okay. So, you're asking if they're going to have to do a lot of work to get the city uh the property up to compliance.

Uh most of the work was done on a paved surface and we did have a retention pond to catch all the storm water and all the uh runoff from the property. So, that won't need any work. Uh we did have a gravel lot where we stored our ferris materials which is steel, anything that's magnetic. Um it is on a gravel service. Um we've already done the cleanup. They can the person that's buying it sent someone down last week to do the EPA phase one. Uh we haven't got any results back on that, but that's something that I can for sure, you know, send y'all once we receive them.

Yep. One one more thing about this, the best thing about like dealing with the EPA or like ADQ, once they know about you, they put you on a schedule and they will never leave you alone. So like they're always going to go back and like check on that like make sure like you're like in compliance with their requirements. So new site or like old site, they're always going to be on their schedule to make sure like you meet all the conditions.

The other thing this is like just like the request for a condition use permit. The most technical stuff is coming with the large scale. So like what the plans the design for the ponds and the sizes and everything has to go through the u the next phase. The other thing most people like associate the name one with also like the battery recycling. It has nothing to do with that. So that's only just like the method the battery is going to stay like on that corner in federal. So and right now you're not currently on the EPA schedule. Sorry. You're not currently on the EPA schedule as Mr. No, sir. No. Appreciate you guys. Thank you.

Looks like we've got a few from the public that want to make comment. Just ask that you please keep your comments to three minutes. Uh if you're speaking for a group, up to 10 minutes.

Hi, I am Bonnie Kaitton. I live on Neil's Bluff in Springdale. Um we're here together as a group. We ask that um there be a traffic study done. We're very very concerned about the influx of traffic. A headset would be better. Sorry. Um, their current location in Fagetville is very unsightly. So, it is very concerning that we drive into our 8 plus acre home home spots and have to put up with the traffic and this basically a dump right right outside of our neighborhood. Um, we're worried about we we would ask that there would be cadmium testing done at their site now prior to them coming to us. They're less than 2 miles from our drinking water, which is very concerning. I get that it's metal and they're not but we're worried about that. Um, we're worried about the residential incompatibility that this brings. It's not bringing an influx of money to our area. It's bringing traffic, messiness, danger. That's it. Sure. [Applause] Good afternoon. My name is Louise Leon. Uh I live in a single family home just

80 ft from the where this is wanting to go in. Um from my living room, I have a big old window probably the size of that and that is the first thing I'm going to see. Um he mentioned Springdale needs a metal recycling. Springdale does not need a Springdale recycling. Um the world needs a recycling, you know, because it helps, you know, everything going on. Um it is not safe for all of us single family homes in the area. There is I'm really shaking. I'm really nervous. I'm sorry. Um, I can think of one, two, three, about five single family either leased or owned that are not going to be happy about this that are not happy about this and are probably here. Um, it's going to affect a lot. Uh, that is a lot of traffic adding on to 412 east. uh not to mention you know accidents that have been caused um and counting and this will bring a lot more traffic in the area. Um uh he do he also mentioned millions of dollars. Is he trying to convince you guys upon revenue? Uh it's not just about money. It's about environment and us the people, you know. Um I guess it'll have a big impact in the value of our homes as well. Uh not only homes but land and uh agriculture and all that too. Thank you. [Applause] Hello, my name is Greg Umber. I'm here on

behalf of my mother who is 83 years young who's here. Um, sweet woman. Uh, she's been in Springdale for 50 plus years. I'm a graduate of Springdale High. Uh, currently I live in Texas, so don't hold that against me. Um, my mother's property is right next door to the gentleman that just spoke. The concern my family has is number one the first we all agree that recycling is a good thing. I don't believe this is a great location for this business. I'm a business owner. I think you're going to have problems with egress and ingress, especially on US Highway 412. It's pretty dangerous. And if you look at the records, the accident reports right in that area is high, extremely high. Uh we just had a truck turnover here uh in the last couple of months, I believe. Um, not to mention that if this facility goes into place, it will dramatically devalue all the properties all around. So, I want to ask you to please reconsider this and deny the request. I'm asking if this was coming to your neighborhood, how would you feel? Thank you. [Applause]

Hello, Plan Commission. Uh, my name is Chad Rungi. I live about a quarter mile right on 412. Um, I would like to address a couple questions. Um the first one I understand that they cannot take Ferris meadow currently in the city of Fville and I'm curious why

you'll have to go ahead with all your questions and we'll say that again. Go ahead with all your questions. Okay.

The second is um how many times they have been uh notified about non-compliance or have they been in any uh situations for non-compliance in the city of FA? That would be my second question. Um, I'd also like to go on to that that is a that is a scenic highway. There are different rules and regulations on that. Um, we have 23,000 plus people a day going by there. It's already congested as it is. Uh, the last wreck we had there that I can recall would have been back on April 12th. Husband and wife on a motorcycle, 41, 42 years old, got killed, two kids. that driveway uh Neil's Bluff is probably 150 ft opposing that uh that Neils Bluff driveway. Um now they're talking another 50 to 100 customers coming out of there. What if it's 150? What if it's 200? We're right in between three schools. The whole thing is really appalling that we're talking about this. Um our drinking water source is 1.6 miles from this location that they're wanting to do this project. um the noise pollution that it's going to put off because we are in a valley. It's going to ricochet off each each mount mountain range and it's going to pretty much stay stay within that valley. um along with the depreciation of value. It's not just going to affect people within the half mile radius that they notify people, but miles out. Um that's that's pretty much all I got to say. And again, if if you guys were to put yourself in our situation, I ask you to please deny this.

Thank you, sir. [Applause] How y'all doing? Terry Mason, homeowner. I'm probably 500 yards from where they're wanting to put this facility. And I realize these gentlemen are just trying to make a living. But it's not just rebar and angle iron. There's metal containers that come in there that's crushed that God knows what is in them. Could be acid, you know, any we just don't know. and for viol environmental EPA uh standards. You know, you you you can't track this stuff. Not to mention, it's on the side of a hill, which runs straight down to the school and into our drinking water and everybody in between. It's I think this is an accident waiting to happen. You heard what he just said about the traffic and the gentleman getting killed. My wife was working on the gentleman when he passed away. My daughter was working on the other lady. That would be standstill traffic. It is an accident waiting to happen. Not to mention on the other side of the street from where they wound up put they just put in 150 new houses. This cannot be good for the drinking water much less the pollution in the air. I thank you for your time. Appreciate it. [Applause]

Hi, I'm Kelly Franks and I live on Neils Bluff Road. lived there 20 years and I can't imagine why Springdale would want people coming up 412 and this be the first thing that they see. Um I agree with the other gentleman that people need to make a living, earn a living, but there's a lot of land a long ways away where you're not right on a busy road. 412 right now. It's you're taking your life in your hands to even get on it. When you get in the medium lane, you don't know who's coming at you, who's behind you, it is a death trap. I mean, I try to stay off of there anyway, but um between the devaluing of the of the property, uh the unsightliness of it, and then I do know people that use their facility, and they said it's just a junky mess. And I just don't know why Springdale would want that as our representation when you're pulling into Springdale to see that. It It doesn't make any sense to me. Um, I don't know who sells metal. I'm sure there's a lot of legal people that sell metal, but I do believe there's a lot of illegal selling of metal. So, when you're talking 50 to 100 customers a day, how many people may be not of the best character? And we are near a bunch of schools. They're building schools. So, the traffic, there's just so many reasons. I don't I don't get this. I don't I don't even know why it's under consideration. Um I I can't think of anything else. Thank you for your time.

Thank you.

Hi, my name is Carl Abbott. I live on Thawn Road. There's just a field in between where my house is and where they're wanting to build this plant. I myself am a truck driver, so I can speak to the truck driver that would be coming in and out there. With how everyone drives down 412 in that section, you're liable to have more fatality accidents from cars hitting the trucks coming out of there because of how long it's going to take them to get up to speed and everything. And also, there's a blind corner right down at the bottom of the hill from where this place is. Uh, also, it's going to decrease all of our property value. I've lived there for 25 years. So my parents and we just don't want our property value de to be devalued. We don't want the accidents being caused or the air pollution from all these extra semis and everything coming in. I mean this is the residential area, not a commercial area, not an industrial area. So I'd ask that y'all please deny this.

Thank you. Hey, good evening. I'm Brendan Despain. I live on Mills Bluff Road. Um, so a couple of issues. I think a lot of people have already stated some of those those things. It's going up in a neighborhood with multiple schools, multiple churches. It's residential. Um, you have groundwater issues that we're already dealing with. You have that 100 acres of trees that were already destroyed for Habertton Ridge where that water's going into Beaver Lake. I think it's very difficult to guarantee that anything that comes out of that metal, any contaminants, I don't know how you can guarantee it wouldn't seek into groundwater. People still use wells out there. We have a well, you know, that's something to consider. I think just that I respect the fact that they need a new place. I just this area is still really residential. People are just trying to enjoy their life. the safety, the increased crime that will be associated with that place. It's it's not not the right place for it. Thank you. Thank you. My name is Henry Hillbrand. I live on Fawn Road in Springdale. My property joins the east edge of that property that they're wanting to put the recycling on. Uh I' I've done a lot of business with Vonds and I they've always been fair and everything, but I've had a lot of problems with flooding since they built that ground up after after I purchased my property. I'm down the hill from them. all that water washes off and I'm constantly getting flooded as it is and I'm concerned that's going to cause even more. Plus, I've talked to two realtors because I was thinking about selling

next summer. And both those realtors have told me that if a recycling plant goes in up there, it's going to devaluate my property dramatically because it'll limit it to what conditions, what kind of use it could be used for. So, I'd ask that he be denied for those reasons. Thank you.

Good evening. My name is Veronica Baltazar. I work for Spring Public Schools for about 15 years. Um, I live 70 steps away from this location. I respectfully urge you to deny this permit. Reason being is safety. Um I bring some statistics and I've got a map to prove it. But there has been just in the past year there's been 54 accidents just in that one mile range. And there's five schools within that one mile range. um including a middle school just half a mile down if you go east, half a mile down west is a behavioral um rehab facility. So, I'm just asking to deny this. Um, we've got children, school buses, and vulnerable residents that will be directly exposed to all this industrial um, traffic and just introducing this industry to our residential community will just harm the property values and it'll just destroy the character of making our neighborhood livable. So, I respectfully just urge the board to deny this permit. Thank you.

Thank you.

I'd like to add a couple things. Um, I saw in their proposal an 8ft tall privacy screen fence. That road sits up higher than that property. So, when you top that hill in order to block that view, you're looking at a 20 foot plus tall fence. Could you state your name again, please? Chad Rungi. Thank you.

Um, and I think me along with a lot of people behind me, we've seen what that's been filled in with for the past 15 plus years. Stumps, uh, chunks of log, concrete slabs. That's really not even buildable material. Um, and they're looking at putting two 7,500 foot buildings on there. I think this needs to be reconsidered. Thank you. [Applause] Anyone else? Applicate still here.

My name is Dan Rangi. I own a piece of property uh less than a quarter of a mile from this proposed site. And I think this is absolutely ridiculous that you folks are even considering something like this. It's a dangerous road. We've had four accidents right in front of our property in the last two years. One of them involving a death and this is just absolutely asking for trouble. Please deny this request. Thank you.

Sorry. I just want to say one more thing. I live on Neil's Bluff Road. I never got a notice. I only got a notice because or people let me know about this. So I think we would have a whole lot more people here if I mean I live on Neil's Bluff and didn't get a letter. Mile notification. Sorry. Half a mile notification were sent. 202 of them. We don't have to notify the entire like county.

Okay. All right. Sir, we're good. We've closed. Pull a comment. Yes, please. Can y'all address some of the questions that were brought up about ferris metals and compliance and any other questions? Yeah, absolutely. Um, I'm going to start with some of the stuff we have. Uh for the noise, we do not expect our development to drown out or amp amplify from what is already expected and currently happening on Highway 412 with all the trucks running down, you know, blown by at 55, 60, 65 miles an hour. We don't expect to be louder than Highway 412. Additionally, we are proposing that opaque fence to provide a bit of a sound barrier so that our noise pollution does not is as mitigated as possible. The fence also acts as a dual purpose. We plan on building that fence to help screen from outside uh outside viewers from adjacent property owners. Um, I believe smell was brought up. Um, we do not have any intention on buying any trash or processing any metals which might produce smells or contaminate air. As for the traffic cons traffic concerns along Highway 412 uh in this section of corridor, there are currently 22,000 vehicles per day. Our our developer expects 50 to 100

customers per day. Um at that rate, it would be a 23% to 46% vehicle increase. We do not think that is a substantial increase to the site. Storm and pollution runoff that will be addressed during large scale development should cup pass. Um that will abide by all county, state, and federal regulations including the strict EPA. As for compatibility, um we would like to note that uh there are 13 commercial/industrial uses or what we would define as commercial industrial high well possibly high intensity uh uses within a onem strip of this site. most of which have direct access to 412. Additionally, we are very close to Springdale city limits and along Highway 412, Robins Road, Springdale has designated that area to be their industrial commercial zone. So, as you if you were to look on the Springdale zoning map, you would see commercial commercial industrial industrial uses. Um that is because highway 412 is a five lane highway which has plenty of support for high use hightra vehicles.

Anything you want to add? So, uh, due to sound, sight, air pollution, noise, smell, all of that, all that's usually tied in with metro recyclers, but that's the case with shredders. So, we will not operate a shredder. In Rogers, Alter owns the only shredder in Northwest Arkansas. That is the shredder that causes fires when explosive materials are sent there. That being said, we won't operate one of those. We don't have the room and, you know, it's a substantial investment that we aren't capable of handling. Um, that being said, with the the noise, the shredders are very pollutant to the noise pollution. You know, they're they're very loud. They create smoke. We don't create smoke. We are a metal recycling facility that accepts metal from the public. It's pretty much exactly like your city recycling center that you come in, but the only difference is that we only take metal and we do take steel. Your city recyclers will not take steel because of the bulk of it. There there was a question regarding uh potential violations or history of violations in the city of Fagatville. Can you speak to that?

So when my father purchased the property in Fateville in ' 07, it was currently without zoning. There was no zoning. Um or it may have been I think it was no C2, sorry, C2 zoning. We had a cup to operate on the parcel on on the west parcel. On our east parcel, we also had a cup with certain regulations on it. So in 2021, there was a change of code in the city. It they changed it to downtown general that kind of mitigated our operation, cut it in half. So we're not able to buy steel like the gentleman said. He is correct. Um, you know, we we we have shut down our east parcel at our facility in Fateville for the only reason to stay in compliance, not because we have been out of compliance.

Is this going on the east portion or west portion of this parcel? It'll be the east portion of that of that drive. and Sam this will only be the C would only be tied to that 6.52 acres.

Yes sir. Like and the survey is being when they submitted they did not have the survey completed. Now they have the survey complete. It's only like 6 point something. That's just the east part of it. Yep. Few things like about this project when it comes to traffic that's a state highway traffic. The county has no control over it. So that's one thing. The other thing if you look at the condition number seven we requested to have a dust abatement plan when they submit for the large scale and also like installation of like a wash bay for like the uh for the tires. Um the other thing that's like history like of um our zoning back in 2006 when the uh when the zoning like code like was approved they had like in the county they had like along the corridors like few spots few multiple acres that was like has no zoning on it. This was one of them. If if Mr. like bon applied like a month ago or like two months ago before like the approval of the uh the new zoning code like in August 21st this would have gone straight like to large scale without any condition use permit. So he is doing like we asked him to apply and be in compliance just in case that code is approved and when what was approved I was he was like in that process. We have a business north of that property that did not have to go like through like a cup for that reason and they did not have to go through large scale because it was less than one one acre in size. So, um, it's just like it's it's a good history. Right now, after the approval of the new code, everything in the county is zoned as single family residential, one house per acre or agricultural. Everything else deviates from that needs to go through like a large conditional use permit. If the condition use permit use is one acre

or more has to go through the large scale. So just like history lesson and can you clarify the purpose of CUP? Is it condition use permit to protect?

Yeah, the condition use permit is just like to get it's like it's in the name. We give we give you the permit to use that property for anything else other than single family residence or agricultural with conditions. So the cup runs with the land. So if let's say like Mr. bond get approved today and his business starts and he wants to sell it. If that business is continuous the same use with the same condition he was approved at the beginning he can move that like to the new like owner. Let's say if he like his business did not like work for a while and like he's like out of business for two years. He wants to sell it. That will not be considered as a continuous use and that that property reverts back to a single family residence and any new use needs to apply for a condition use permit. Let's say Mr. Van also like got approved today and he's like doing that like for about five six years and he decided like hey I need to modify add this like add this he needs to come back and that's condition number 13 he needs to come and reapply for either like uh amended CUP or like he needs to go again and apply for a condition use permit to uh cover everything he's going to add. So, and I'm I'm pretty sure like as I said like the EPA once you are like um on their schedule they will never leave you alone. else

about one thing about the EPA because that's you know the main concern with the residents local residents. We have operated since 2008 and we've never had one EPA um what what do we call it

violation? Yeah. Sorry. And for the storm runoff, as the um the uh project engineer mentioned, uh a detention point is going to be designed and it's going to be measured according to the runoff. And they're going to have to have a staff like um a drainage report. Maybe it's like 100 plus pages for and like with the ditches and everything. And that that needs to be crossed examined by like our county engineers. We have a we have a contract engineer with like garber and they're going to have to go through over this and everything is missing. Everything doesn't fit. Even the lining of that like pond will have to go through like the whole process like to make sure like everything just like fits correctly. On the other hand, uh one of the hardest like uh and that's not like a criticism but like they're doing it right as well. one one of the hardest like entity to deal with is springdale water and they have like maybe two pages and a half of conditions on like on their like uh water use and like um and the storm water like as well. So like it's like they're going to go through like lots of hoop to be able like to establish something and start like a business.

So all the draining issues will be addressed at the large scale part of this. Yes, definitely. That's just like for the request like to be able like to use that property for anything else other than agricultural like single family residence and I believe like even the property owner like who's selling this also like has like a residence close by I believe. So

another question regarding C. Is it is the onus on the applicant to show that there's no negative impact to residential or agricultural use? It's it's everything everything we have here like in the condition and when once they apply for like a large scale we're going to go through like the whole conditions again make sure they address all of this in the large scale and if there's anything extra like our engineers going to look into it and even like the we notify also like the highways like the dot and if they have any any requirements or like they're going to go and inspect that driveway if there's anything that needs to be adjusted or like expanded or like uh fit their require requirements, they will have to do it before like they sign on it. Same as with the health department, nobody's going to sign on anything unless like they meet their requirements. Yeah. In the planning department, we also like just like another history lesson. Uh we we try like to help out like everyone like in this county as a as a citizen citizen of the county. the applicant is a citizen of the county and the neighbors are and we try like that's why we put like stringent conditions as much as we have uh power like given us by the ordinances we cannot like add more and we try not to like uh take away so we do the best we can if you have any any other conditions you feel like it's really needed we same as the previous project we can always add and I'm pretty sure like the applicant here like will be able like to work out anything just to make this happen.

Any other questions? Before y'all continue on, we would like to table this project so that we can take into account what the public has said and would like to push to next month. Is that is that a possibility? and gentlemen like we have a board here like we need to run. Thank you. I would like to make make a motion to table it.

And I would like to make a motion to cast a vote. All these individuals sit here taking their time out of their day and we've all sit here and listen to it. Then they can bring it back next time and get an actual vote with everybody's here. They need to vote. So, you have a motion to table, which is the motion that's on the floor right now. It'll come up for a vote if the motion to table fails, but you got to take the motion to table first. I second the motion to table. All those in favor of tableabling this motion. I No.

Thank you. So that's this will be heard like on the next month and if there's anything needed need to be added just keep us posted so we can add it to the application this well we need to re notify uh this will consider to be like a notification for the public. Okay perfect. Thank you so much guys. Have a good evening. See you next month.

So ladies and gentlemen like the next the next planning board meeting is going to be on the 30th of October of next month. So like the next last Thursday of October. All right. We're going to move on to the next item. Uh it's the O'Brien Readymix facility, highintensity cup. I just want to let everyone in the public know the board is considering tableabling this. Um but if you want to come voice your concerns if you're not going to be at the next meeting, just have want us to hear your thoughts or the applicant to hear your thoughts. Uh we're going to go forward with that. But we are considering tableabling this one as well. the O'Brien uh ready mix high use highintensity cup.

Oh uh staff report please. Right, Brian, vicinity map, site map, neighbor map.

The applicant is requesting a highintensity conditional use permit to develop and operate a concrete mixing facility. O'Brien readymix. The property is 7.42 acres in total and the project would occupy 4.5 acres. Proposed hours of operation are Monday through Friday with work starting anywhere between 5:30 a.m. to 7:00 a.m. and ending between 2 to 4:00 p.m. depending on weather conditions and the time of year. There will be 10 full-time employees on staff. No customers would be visiting the facility, but there would be four to six mixer trucks coming and going from the from the facility on business days. Site construction would include a 45x 80 shop building, a 30x40 office building, a 35x 80 plant building, a gravel lot for mixer truck parking, a gravel lot for two employee parking spaces, an aggregate storage area, a semi-opaque chain link fence for privacy screening, a retaining wall, and a detention pond. If the cup is approved, it will need to proceed to the large scale development phase of the planning process. 91 notifications were mailed to adjacent properties. Planning staff received 51 complaints regarding this project citing undesired loud noise, potential health and environmental issues, and incompatibility with the agricultural and residential surroundings. 93 comments were received in support of this project, 43 letters and emails of support, and 50 signatures on a petition citing better concrete availability for rural areas and economical growth. The planning conditions applicant is here like to answer your questions. Can the applicant please come forward

and uh state your name and address and your thoughts? Good evening. My name is Jake Chavis with Odyssey Engineering. I'm representing uh the O'Brien Rock Company for this conditional use permit. Uh we we ask the the board that you table this item tonight. However, we we really want to hear the the questions and concerns of the public uh so we can take those into consideration when we come back next month and um and hopefully kind of kind of come up with uh uh uh some things to to make the public happy and because we want to be good neighbors ultimately. Thank you ladies and gentlemen. language.

All right. Um, I know there's a lot of y'all here. You have something? Okay. I know there's a lot of y'all here that want to talk on this. We ask that you keep it three minutes or less. Be mindful of everyone's time. If you're talking for a whole group, you can have up to around 10 minutes. They do want to hear your concerns. So, let's just be respectful and uh tell them what your thoughts are. So, Nikki Lockett 12283 Greasy Valley in Prairie Grove and Gary Ricker is my JP. I am asking the planning board to deny this conditional use permit. I have several concerns. Um, some things are how many batches of concrete are going to be mixed each day and what's that average daily water usage? Um, from what I understand, a typ typical batch uses 400 to 530 gallons for mixing. And then when you add cleaning on top of that, it could be anywhere from 530 to 800 gallons. And I know we got notice this summer from the Lincoln Water Department about conserving our water usage. And this would definitely consume some of that water quite a bit. What are the plans to recycle and reuse the water? What are the plans for the waste water? Um cleaning well waste water from a concrete plant can produce a high pH which makes it impossible to be discharged or reused unless it's efficiently filtered. It can have a pH as high as 12.0 which I know is very could be very hazardous. I do a lot of gardening and I know, you know, six is kind of the average in the soil. Um, where will the pond be located if there is a pond and what's the vicinity of that within the neighboring properties

and any ponds that they may have? When I looked at an aerial view of the concrete plant in Fyville off of Van Ash and Greg, it is quite an eyesore. Decimated grass. There's no existing grass. um for I I can guarantee that the neighboring properties value would not go up. Probably quite the opposite when this plant goes in if it does. Um and then also the property from what I can see has a um elevation to it. So are they if if there's plans to utilize I know they said about 4 point something acres but if it has to be modified are they going to excavate the higher elevation or are they going to build up the soil on the lower elevation and what effect does that have on the runoff? There is a liquor store that a friend of mine owns about 1,000 ft from that property to the west that already floods when we get a heavy rain every single time. So, what will the runoff from not having any grass to absorb the water from this concrete plant have on businesses such as that? Operating hours starting at 5:30 a.m. Um, that's really early for residential, especially with livestock and chickens. Um, and then I think that's all I've got on there. Thank you. [Applause] Hello. I would I my name is Kimberly Fuller. I own property on Bill Campbell Road, which is just adjacent uh to the site on Bob Kid Lake. Um I do have information from five different neighbors that say they did not receive any certified mail uh about this

project. Um, and those that did receive the mail received inconsistent information. Some people received a map. I did not receive a map. Therefore, there's significant confusion among the neighbors about the location of this facility. And that is a problem. Um, if if I may speak, I I am representing a small group of neighbors. I don't want to speak for all of our neighbors. Um, but am I allowed to speak for 10 minutes if if I'm representing a group and I don't want to exclude other neighbors from having their right to speak, but I have prepared a statement.

That's fine. Um, make sure you are anything you want addressed, letting them know that your concerns or wanting to hear your concerns about this project, the actual applicant as well.

Okay, great. Um, so I mentioned that I'm speaking for myself. I'm also here on a behalf of a few families, some seniors and young children who call this area home and we are all deeply concerned. I'm also speaking for those who cannot speak, the wildlife that inhabit the local lake and the watershed that this facility threatens to impact directly. Tonight, we're asking that you consider the full consequences of allowing a highintensity concrete mixing facility so close to where people live, where children play, where families and wildlife thrive. We respectfully but strongly urge you to deny this proposal. I will speak to four main areas of concern. Health impacts, financial consequences, environmental risks, and community quality of life. Let me begin with the most important issue, which is health. Concrete mixing facilities are well documented to emit particulate matter, silica dust, and other air pollutants. These particles don't respect fences or zoning lines. They travel through the air and into our lungs. Prolonged exposure to these fine particles, especially crystalline silica, can lead to serious respiratory illnesses such as silicosis, which is a debilitating and sometimes fatal lung disease. Respiratory tract and lung cancers, which are almost always fatal. Chronic obstructive pulmonary disease, which is like slowly suffocating to death. asthma and bronchitis which includes acute chest discomfort, cough, limb, wheezing, shortness of breath, all those things. And in addition to lung diseases, other well doumented health impacts of concrete dust exposure include cardiovascular disease risks, skin and eye irritation, whole body

toxicity due to heavy metal exposures such as lead, chromium, cadmium from dust deposition. Also, soil contamination and possibly food and water pathway contamination reduced life expectancy has also been evidenced in populations with high concrete mixing exposure levels. Government agencies including EPA and the CDC have documented these risks extensively with the EPA particularly noting sulfur dioxide, nitrogen oxide, and carbon monoxide concerns as significant. Rice University has also conducted studies supporting the list of health concerns I've noted here. You can easily search and find all of this information on the internet yourselves. There is an abundance of support for health harms caused by the type of plant you are considering and I have a pile of studies if you would like me to give those to you. Children, the elderly, and people with pre-existing conditions are especially vulnerable. Please look at my neighbors and decide if you would wish any of these negative health effects on them. I also have a letter from a medical clinic regarding a child who lives immediately adjacent to the site that's proposed and documents that they are particular risk of having this facility built there. I can provide that to you. And let's talk about the noise because it also has impacts on health. Have you ever been near a concrete mixing facility? Our research indicates a concrete mixing facility is quite loud, typically in the range of 80 to 90 dB, though it can be higher depending on the machinery used. How loud is that in everyday terms? Here's some examples. 80 dB is like a garbage disposal, a freight train passing at 50 feet, 85 dB is a gas powered lawn mower or a blender. 90 dB is a motorcycle engine, a subway train

at close range, or someone shouting in your ear. So, if you're near a concrete mixing plant, the noise would feel similar to standing next to a motorcycle revving nearby or having someone shout about your ear. Think about that. Then think about it happening every day, all day from 5:30 a.m. until possibly 4 pm. Research shows that noise at this level can lead to fatigue, trouble concentrating, sleep disturbances, hearing loss, cardiovascular stress, mental health effects, and in children, chronic noise exposure has been tied to slower reading development, and reduced memory and attention problems. Let's talk about money, specifically how this business would affect our property values. Numerous studies, including government studies and those published in peer-review journals and in real estate market analyses, have shown that industrial developments like concrete plants reduce nearby property value significantly. A 2015 study published by the American Economic Association found that homes within a half mile of an industrial facility decreased by 11% and sometimes property values decrease up to 20%. Think about that. For many of us, our home is our largest financial investment. This facility would instantly strip away tens of thousands of dollars in equity from hundreds of homeowners. And it's not just about resale value. Home insurance premiums may rise due to proximity to industrial operations and future buyers may be hesitant to purchase in this area. Yeah, it can also deter new investment in our community. Sometimes people don't want to be next to these. In addition to hurting our health and financial well-being, concrete plants generate waste water and runoff that is high in pH, often contains heavy metals, alkaline waste, cement residues, oil,

fuel, and chemical advoc additives. If this runoff reaches Bob Kid Lake, and it's not a question of if, but when. We are looking at serious ecological consequences. Fish kills, algae blooms, and contaminated groundwater are well documented outcomes near other concrete plants across the country. This proposed mixing facility not only threatens the aquatic life that depends on the lake, but also impacts any residents who rely on wellwater sourced in the surrounding area. Let's remember this, too. It's the only community lake in western Washington County, and you have the power to protect it. No other planning committees have permitted industrial facilities built next to community lakes. Consider Lincoln Lake, Lake Fagatville, Lake Sequoia, and Lake Atlanta in Rogers. They do not have industrial facilities next to them. And while O'Brien Rock Company may argue that they'll follow the regulations, history has shown that violations are common in this industry, especially with regard to storm water management and emission controls. We are a familyoriented neighborhood. Our children play on the land where this facility will be located and we take pride in being a safe, quiet, and livable area. That's what makes this place feel like home. Introduc in introducing a highintensity concrete facility into the heart of this community disrupts this balance. It will increase industrial traffic. In ingress and egress on Highway 62 with dozens, perhaps hundreds of heavy trucks moving in and out, increasing the risk of accidents, damaging our roads, and adding congestion to streets that were never designed for such loads. If O'Brien waters down their concrete yard, which is a common practice to reduce dust, that will create a slurry that will be tracked all throughout the city of Prairie Grove as well as our county area. When that dries, it will blow off the roads into the larger community and

the entirety of Prairie Grove could be facing the health and financial impacts I've mentioned today. Is the land where O'Brien plans to put this facility zoned industrial? Hopefully, this is not a spot zoning issue where a single piece of land is zoned differently than those of its neighbors for the benefit of a single individual or a company. Our area is primarily residential, recreational, and agricultural, not industrial. A facility like this belongs in properly zoned industrial park, far from home, schools, and natural resources. We understand the need for construction materials. We understand growth, but we don't believe that growth should come at the expense of public health, the environment, or the well-being of our neighborhoods. How many complaints has this company received at its four other plants? The one in Sylum Springs is an eyesore. There are also two schools nearby, 1.5 miles to Prairie Grove and three miles to Lincoln. Tonight, we're not just asking you to consider the technical merits of a permit request. We're asking you to protect our homes, our health, our environment, and our future. This is not an emotional, not in my backyard complaint. This is a not near our homes, schools, or lakes request based on science, evidence, and common sense. We urged the commission to put the public interest over private gain, to consider the long-term qu consequences, and to say no to placing a concrete mixing facility in this location. I thank you for your time, your service, and your commitment to making the right decision.

Thank you. [Applause]

I'm Julie ODM. Um, my house is not right by this proposed uh site or anything, but I do live on Highway 62, which is already flooded with construction trucks. They have told us that they will only be like four to six trucks a day. I don't know how you can run a plant with just four to six trucks. I I mean, based on our experience here in Northwest Arkansas, it's going to be busier than that. Um, and then Doug Kidd. Does anyone here ever been to Doug Kidd Lake?

It's a great little lake and it's right there, not too far away. It's delightful. If you haven't been, I suggest before we vote on any of this, you go take a look at it. Um, also which wasn't mentioned, this bit of 62 is right over the city limits of Prairie Grove, just on the edge and it's at a curve in the road. If any of you know that area, not a good place for trucks to be coming and going by a liquor store. Um, I think in general cement plants and industrial things like that need to be closer to where they're needed. Not in the countryside. Outside beautiful, peaceful, lovely prairie grove just doesn't make sense. It's too beautiful. And I say again, if you all haven't been out there, you all go out to the lake.

Thank you.

Hello, my name is Ashley Lester. Um, I live with the Ward family at 16239 Bill Campbell Road. We are a couple blocks away from this proposed site. Um, we are in voicing strong opposition along with my neighbors to this proposed resoning. This facility would be placed in the heart of a rural working agricultural area surrounded by farms, family homes, livestock, and near both private lakes and public lakes. Concrete mixing plants bring serious unavoidable impacts. But it's not just our people and livestock who live here. We also share this land with local wildlife. On our property alone, we regularly see deer, road runners, birds, and native bees. We also raise bees and chickens. These animals depend on clean water, quiet habitat, undeveloped land that surround us. A concrete plant threatens to drive out the wildlife that families here have enjoyed for generations. The O'Brien Rock Company is currently in litigation with the city of Gentry. The lawsuit raises many of the same concerns we fear here. excessive dust, a particle in and particle emissions, water contamination, inadequate screening or buffer zones, nuisance complaints, road damage complaints, failure to obtain proper environmental permits, and noise violations. Courts in Missouri and Arkansas have found that other permitted concrete plants can create nuisance conditions and justify legal action in if the financial damages are in the millions. We urge you to not let that become our story. City Council member of Prairie Grove, Kevin Andrew, has this direct response. It's a bad fit for the location selected. The road is already heavy with traffic and this would only make it worse. The trucks turning in and out will cause high points of risk with auto wrecks as well. It is overall not a good fit in the location and should be further evaluated for a better location. As residents and land owners, we ask you that you uphold the purpose of our current zoning, the to preserve agricultural and residential integrity and deny this reszoning request. We are

not anti-b businessiness. We are against placing incompatible industrial operations in the middle of quiet farmland, homes, and natural habitat. Please protect the rights of those who already live, work, and raise animals here, both human and wild. Thank you. Good evening. My name is Harvey Burke and I am from California and I transplanted to Prairie Grove and uh my wife and I and my daughter and my grandkids live there and it's absolutely a wonderful place to live. And coming from California, I've seen these plants grow up out there. And they're saying that they're planning on having four to five trucks a day. That's today. What happens in 10 years? Companies like to grow and in order for them to grow, they're going to add more trucks. They're also going to be staying open with their mechanics taking care of these trucks at night in order to have them running for the next day. And everybody's talked about the dust. Everybody's talked about the rocks being kicked up by the by the trucks going through. I've lived through that before and I've seen the growth uh where there's been a plant just out in the middle of nowhere and the next thing you know 10 years down the road there's homes all over it. The way Prairie Grove is working now, they're growing all the time. I can just tell by the traffic on 62 just in the last two years we've been here and we're going to get more people wanting to live there. but they're also going to

want to grow their business there and it's just going to be too much for that little city in my opinion and I hope you decline this. Thank you. [Applause] My name is Mary Cummings and I live at 11334 Old Apple Hill Road about a quarter of a mile from the proposed facility. Um, I had a lot of of research to state, but other people have stated it very well. So, I'm going to ask some questions that I want answered before anything like this can go in. What environmental side assessments, phase one, phase two, or equivalent, will be required and have already been performed for this location? What guarantees will be provided to adjacent residents like myself that operations will not negatively impact air quality, water resources, property values, or our ability to safely use our land? What specific enforcement actions will the county or state take if off-site impacts occur like dust, dust drift, runoff, contamination, or noise or too much noise? What air, soil, and water testing will be conducted by the Arkansas Department of Environmental Quality or other agencies to ensure compliance with state and federal standards? And how frequently will this occur?

How will the county ensure that residents are informed of any violations or ex or or real time or in real time so families can take protection protective action if necessary. And for the protection of public health, our environment, and the well-being of families like ours, I respectfully urge the planning board to deny the conditional use permit for this project. Thank you for your time. Thank you. My name is Bo Gage. I have uh property right next to it, about 350 yards away, and I own property across the lake from it. Um, these ladies and gentlemen have covered everything I wanted to say for the most part, so I'll keep it very short. Um, one thing that I think would be that wasn't addressed is talked about the runoff, but the little creek that runs through the property feeds the Illinois River. This will directly impact the Illinois Riverhed project. And I that's a big deal that's been going on for years. And I think that should really be taken into considerations because we've fought that battle for years. And uh we don't want to open that can of worms again, I don't think, personally. Um but then also um the noise. I live on the other side of the lake. I own property right next to it, but I live on the other side of the lake right now. The Boston Mountain um transfer station operates a um tire machine that shreds tires. Uh, I never got a notice about that, but it constantly shakes my walls all through the day from the time they open about 6:00 7 in the morning until 3:00 or 4 in the afternoon. It shakes my walls in my house when they're running that machine. I wasn't notified about that. But this will be the same thing. It will add to that on top of it. And what I've heard about the location in Gentry or Asylum, wherever that is, that they don't operate just those business hours that

they're jackhammering these trucks out uh after hours, like somebody had said, cleaning the trucks, doing stuff like that, which I don't know if you've ever been out there, but I encourage you, like you said, if you haven't been out there, go check it out. When you're sitting on that lake, if somebody's talking on a boat in the middle of the lake, you can hear it anywhere. So, the sound just travels. And so, I would ask you to reconsider it and decline this. I'm not against progress, but I do think there's probably better suited locations for this. Thank you for your consideration.

Good evening. My name is Carrie Hildebrandt and I'm a resident of Washington County. I live in Prairie Grove. My private residence is directly across Highway 62 from the proposed. Um, the proposal repeatedly claims there will be minimal impact on residential areas in agriculture and asserts the surrounding area is industrial. These statements are false. Families, farms, and natural spaces exist directly adjacent to the site. This is a residential and agricultural community, not an industrial district. If approved, the facility would bring constant noise, dust, etc. What everyone has been saying and I agree with. Um, additionally, cement facilities have track record of failing to follow their permitted conditions, hours of operation. Um, stated before, the O'Brien uh mixing facility is facing a nuisance lawsuit in Gentry for operating outside of its permitted hours, etc. For reasons, I urge the planning commission to deny this conditional use pro permit. The provo the proposal is misleading. It claim its claims are false and it impacts residents, agriculture and the environment are significant. Based on these facts, this proposal is invalid and should not move forward. Thank you for your consideration. [Applause]

Hello. How are you all tonight? Thank you very much for your time and uh for being here. I know this is a long drawn out process. Um real quick, I'm I'm Robert Nicholas Rigggins. That's my wife, Carrie Hilderbrand. Um I if you look at the the the um vicinity visual air map, you'll actually see our mailbox in that map directly across from a proposed uh from the proposed site. Um we live directly behind the veterinarian station. Um our our our land, I think, is approximately within 400 to 500 meters, if you will, yards um of the proposed site. Um it it states like the very first part of the application, you know, everybody spoke a lot about the concerns and things and and I just want to point out the application. It's incredibly misleading. Um I've read it a few times and did had to do my best just not to be upset. Um the the prog um project manager Jake Chavis here today and also the owner Kyle O'Brien signed that they understood that submitting incorrect and false information in um in information is grounds for invalidation of their application. Um I would like to just read a couple couple quotes just I have three quotes here from the application. Um under the bulletin minimal impact to residential comfort they they they said and quote given the commercial and industrial nature of the surrounding area and lack of immediate residential development. The operation will not interfere with the comfort and general welfare of the public. As you can see here today with all these people behind me that's just generally or inc absolutely incorrect. Um, it also states on under one of the develop or the bulletins, minimal impact to residential area, uh, there is no, they they say in quote, there is no immediate residential neighbors that would be negatively impacted by the proposed use, further supporting its appropriateness for this location. Well, as a 911 era joined right after high school, veteran um a

vet vet of of of uh of Operation Iraqi Freedom, um I'm I'm 100% total and full disabled combat vet due to PTSD. Um it will absolutely affect my h household. Um my my my wife was was was like worried to even tell me about this. It's kept me up almost every night. Um and uh in general, everybody has mentioned before how much this will impact us. You know, we we're still about to celebrate two years of marriage. We bought the property about a year and a half ago. We were so excited um to find a peaceful community that that that it was aligned with with us. Um we have an elderly bulldog, for instance. Uh we were so we felt so privileged to have a great veterinarian um right in our front yard, literally um hundreds of feet from us. Um he actually tapped me on my shoulder and mentioned in my ear whom he had actually just recently diagnosed my dog with lung cancer. He said, "This is going to dramatically affect the health of your dog." Um, furthermore, the the third and final bulletin I'd like to point out, it it mentions a property value and market stability. They quote and and I quote because of the surrounding area is already dominated by commercial and industrial operations. The addition of this of a readym mixed facility is unlikely to have any negative effects on property value. They also go on to say hours of operation and site activity will be managed to maintain peace and order in the surrounding community. Again, this is just false. It's just simply false. Um, so with that being said, I I just ask you, you know, we're going to vote on this, but I I feel I just ask that you please find the application invalid uh due to the um dramatically misleading oversightes, incorrect, and false information submitted. Thank you all very much. Have a great night.

Good evening. My name is Jimmy Molina and I live right next to the land on Bill Campbell. Um, I want you to understand who I am and why is this hurt so deeply. Sorry. I did not grow up with land or a big home. I grew up in a two-bedroom apartment where space and freedom were things I only dreamed of. For years, I held on to that dream to one day I could give my children something different. A place where they could run, breathe fresh air, and I didn't have to worry about them playing outside. And we've sacrificed a lot to finally have that home in the life that we are proud of. The real American dream. This place is not just land. It's where we homeschool our children. Every single day they are there. They do not leave for a classroom somewhere else. This land is their classroom. This land is their playground. They play outside. They laugh and they learn. They deserve to live their childhood in safety. They deserve to breathe the clean air. They deserve to wake up to peace, not trucks rumbling before the sun rises, not to the constant grind of cement plants. We raise cattle and chickens here, and we care for them as part of our family. But if cement dust settles on the grass that they eat, or the air around them is filled with particles, they will suffer and they may grow sick. and they may get stressed. And this is not just my opinions. There are countless studies that document how livestock near cement plants develop health problems, eat less, grow poorly, and even face long-term respiratory

issues. I have some of these studies that I can share with you if needed because the science is clear. The dust and the contamination from a plant like this will not stay contained. And it is not just the air. The cement tracks must be washed every single day. Where will that water go if it seeps into the ground and may travel? Um, can this company stand here and prove to me with independent testing that this will not contaminate the food and the water that my animals depend on? Can they show evidence not just promises that we ra that what we raise and feed to our children remain safe will remain safe because until they can approving this project is gambling with our lives. This is not just about business. This is not just about growth. This is about people. This is about my family and so many other families. This is about the life we fought for and the future for my children. Please do not take this away from us. Please protect our home, our animals, and our family. Please deny this. [Applause]

Hi, my name is Maline Hurn. Um, I'm a resident of Prairie Grove. Um, so the Odyssey's conditional use permit, it's inaccurate, it's inconsistent, and honestly, the responses don't satisfy the requirements and expectations set out by the conditional use permit application. The first step of a conditional use permit, you have to prove that it's compatible with the surrounding area. And this area consists of residents, agriculture, churches, commercial businesses, not industrial uses. There's a bar, a church. Um, and one of the things that they state is that there's it's predominantly um industrial use. It's it's dominated, sorry, it's dominated by industrial use. Um, and that's just simply not true. They argue that there's no immediate residential property or sensitive land uses such as schools or parks as a positive, showing that they won't interfere with residential uses. But then they go on to say that the plant would not restrict neighboring uh development potential. Odyssey states that they won't physically or functionally restrict adjacent parcels from being developed in accordance with permitted uses which includes residential building. There are certainly they have to be certainly like mutually exclusive because if it's beneficial that there are no residential neighbors in the adjacent parcels then it can't also not be prohibiting the development of such. The Odyssey mentions that they um they propo the proposed use aligns with the established patterns of development and won't disrupt the character of the area. The patterns of development are not industrial use. The pattern isn't there.

This area is zone for mixed use um of which there's not an accessible list of definitions for the zoning. But based on the zoning sections available on the Prairie Grove zoning map, there's an industrial use or industrial zone and manufacturing zone. So we can afford that infer that the this area is not intended to be industrial. Um it's intended for residential commercial. Um and this is not a mixeduse project. This is not a commercial project. Um there's also potential health risk which everybody had already stated. Um, so I I won't reiterate those um that thoroughly, but um this would limit the surrounding residential growth. Um it would decrease the surrounding property value. Um they say that there would be no negative impacted neighbors, but um obviously there are plenty of people here to attest um that there would be negative impacts. Um, Odyssey states that it will implement best management practices for dust control, storm water management and equipment of maintenance to ensure comp compliance with uh environmental standard. How do we know what practices are like best management practices? How far does the dust travel? How much dust does this create? Um, or would this approval be based on like a trust policy of taking their word for um their word for it? The same argument can be made for impacts on residential comfort. How do we know that this plant uh won't impact the general welfare of the public other than just taking their word for it? Um Odyssey states that they're indirectly encouraging growth rather impeding growth, but an an industrial plant um being built in a commercial and residential area would in fact impede on the growth um just by driving down the the um property value. And um Odyssey states that the surrounding area is

already dominated. Again, like that's just not true. Um by it's it's commercial, yes, industrial, no. Um there are no other industrial plants in this area. Um and overall it their their application was just inconsistent. Um and their responses just don't they don't satisfy the application and therefore should be denied. And I hope that you guys take all that into consideration and instead of even tableabling it, just um deny this permit. So,

thank you. [Applause] My name is Wade Leuk. I own the property at 16091 Bill Campbell. It's about 200 yards northnortheast of the said property asking the request for the permit. So I think tonight we've heard a lot of reasons as to from the people that live there as to why they would not want to see this business come to the area. And if I could I know they wanted to hear uh what the people thought. If I could ask one direct question to get a direct answer is why did you want to come to Prairie Grove

to address the board? Can question be asked as to why they wanted to come to Prairie Grove? Why did they choose Prairie Grove as a site?

Address them after you're finished. After the public comments finished, we'll address the applicant. I would tend to believe it's not logistical and this is now I'm putting a little assumption in here. Logistics pray is not center to any big development uh particularly in Northwest Arkansas. So I I would have to believe it comes down to financial and if the answer is financial if that is their answer because it was cheaper property tells me everything I need to know about decisions they make. Anyone else?

I have 36 names here. Thank you so much.

With that, we'll close public comment. Uh applicant, would you like to come up here and address any of this or we thank the community for coming out um voicing their opinions. Um we're going to take all this into consideration and we'll see you guys next month. With that, I'll bring it back to the board. Mr. Mr. Chairman, I I move that we table the O'Brien ready mix facility. Second. That will take it to a vote. All those in favor?

I. All those opposed.

The next meeting is going to be October 30th. Thank you. Can we take like a five minutes? We can go to the restroom real quick. Absolutely. Let's take five minutes. Like just take a minute. Start back up.

Thank you. Thank you. That's right. [Music] Thank you.

It's pretty [Music] No, no, no, ma'am. I don't even care.

I do. You're a very very patient. [Music] All right, we're going to get started back up. [Music] How do you think you say that?

All right. Going on to county land development hearings. We're going to Levit Minor subdivision. Uh staff report, please.

Vicinity map, site map. The applicant is requesting a minor subdivision to split the parent tract into three tracks. Currently, the parent tract is 3.04 acres. After the proposed split, track A would be 1.01 acres, track B would be 1.02 acres and track C would be 1.01 acres. The conditions Any questions of staff? Applicant present. Uh Alan Reed, Alan Reed and Associates. I'm here representing the Levits tonight. And um I think like the staff said, we're just taking a 3 acre tract of land, divided into three tracks. We've had it um perked, had the soils done, everything's fine. They've got water. Um there'll be one home on that on that center piece, and then the other two lots are completely vacant. Any questions?

Thank you. Anyone here from the public that would like to make comment? Seeing as there's none, I'll bring it back to the board. Mr. Chairman, I move that we approve the Levit minor subdivision as prevented as presented. I second. Bring it to a vote. All those in favor? I. All those against. Next up, Room Orchard Lots One, two, and three minor subdivision. Staff report, please.

Vicinity map, site map. The applicant is requesting a minor subdivision to split the parent tract into three tracks. Currently, the parent tract is 5.54 acres. After the proposed split, lot one would be 2.2, 2. Lot two would be 1.38 and lot three would be 1.52 conditions. Any questions? Applicate present.

Uh good evening. Justin Jorgensson with Jorgensson Associates. Thank you for your time tonight and um as always staff, thank you for all the work that you do and it's always great to work with you guys. Um hopefully it's pretty straightforward, but I'm glad to answer any questions. Appreciate you. Uh anyone from the public that wants to comment? Seeing as there's none, I will bring it back to the board. I move that we approve ROM altage blocks one, two, and three minor subdivision as presented.

I'll second that motion. Vote. All those in favor? I. All those opposed. Pass. All right. Moving on to the ROM Orchard subdivisions, lot four and five minor subdivision staff report.

Should just together vicinity map site map. The applicant is requesting a minor subdivision to split the parent tract into two tracks. Currently, the parent tract is 3.77 acres. After the split, lot four would be 1.54 acres and lot five would be 2.24 acres. the conditions. Come on back up.

Uh yeah, once again, Justin Jorgensson, Jorgensson Associates. Glad to answer any questions. Anybody from the public want to comment? Seeing as there's none, I will bring it back to the board. Move to approve Rome Orchard lots four and five mile subdivision. I'll second it. Take it to a vote. All those in favor? I

I. All those opposed passes. Replat of the Thomas P. Le subdivision, lot five. Staff report, please. The site map. I'm sorry, the vicinity map. The site map. The applicant is requesting a replat of lot 5 within Thomas Peely subdivision. Currently, lot five is 5 acres. After the proposed replat, lot 5A would be four acres and lot 5B would be one acre. The conditions.

Any questions of staff?

One question. Any any comments from neighbors on this uh for replats and minor subdivisions? We don't like notify neighbors. The applicant present.

Alan Reed, Alan Reed and Associates. Um, we concur with the PL uh with the staff's findings on this and if you have any questions, I'll try to answer them.

Anyone from the public who wants to comment? Seeing Ezra's done, I will bring it back to the board.

I just take it since this is a platted subdivision there and it looks like there have been splits there in the past. Is that correct? Well, a planted subdivision normally like it's it's split like when they start any change to anything like a split or a lot line adjustment required like a replat of the just like the two lots like adjacent to each other being split. If this was like a replat of like multiple like uh five or more lots that would require like the entire subdivision to be replatted. It's just like they're like modifying one into two. So, and this definitely is going to be recorded and like deed and after that goes to the assessor's office and they will create a parcel number separate for each one of them.

Mr. Chairman, I move we approve the Robert Peely subdivision lot.

Oh, I'll second it. I'm sorry. I missed my job here. All right, bring it to a vote. All those in favor? I All those opposed. All right. Next. Eagle Creek Estates Preliminary Subdivision staff report, please.

Vicinity map, site map, neighbor notification map. The property owners Michael R. and Melody J. Keen with representation from Craft and Toll are requesting a preliminary subdivision approval to allow the development of a new subdivision. Eagle Crest Estate subdivision will have 98 lots, 94 buildable and four non-buildable for detention and common area. Buildable lot sizes within the subdivision range from 1 acre to 1.886 acres, while non-buildable lots range from under one acre to 2.4 acres. The subdivision is 119.82 acres in total located on the west side of Blue Springs Road. The subdivision site currently consists of an access road and storm water drainage structures. If approved, the applicant will apply for a final subdivision prior to site construction. 19 notifications were mailed to adjacent properties. Planning staff has received three requests for additional information pertaining to this project regarding traffic, egress, and ingress and proposed lot sizes and one opposition citing infrastructure and traffic concerns. Those will be read by the applicant and these are the planning conditions. Any questions of staff? Is the applicant present?

Hello. Blake Murray with Craft and Told. Uh Eagle Crest Estates located on Blue Springs Road. Uh we said we got 90 plus buildable lots for detention common area lots on 120 acres plus or minus. Uh it's currently zoned like all property in uh in the county is a single family one. No change to zoning or CUP requested. We try to design this thing per all the county standards. I worked closely with staff and and their review engineer. Um there's four points of ingress and egress on Blue Springs Road. Uh due to the limited number of homes within the development, the widening of Blue Springs Road per the county uh standards, county requests. Uh we don't anticipate there being adverse traffic impacts. Uh we've not done a formal traffic study, but the number of lots proposed is just about equal to the two subdivisions south of us being uh Asher's Ranch, which I designed. It's named after my kid, and then Blue Springs Estates, which I also designed. So there's 91 total subdivision, sorry, total lots in those two subdivisions and about 93 proposed in this one. So just a kind of a reference point there. Um, I think there was some discussion late right before this meeting about traffic. Like I said, have a formal traffic study. I mean, I've do enough subdivisions around town now where I was able to put together traffic numbers. Uh, probably pretty close. I don't know if you can pull those up. Uh, sorry, back back one slide. Uh, yeah, that's that's talking about the trips generated. Uh again that is not my that is not my background but we work closely with TEC which is a traffic consulting engineer on a lot of projects and this is in line with numbers that they will more or less come up with uh when when or if they needed to do a study on on this. We also did some sight triangle

generation uh if you can go to the next slide. And when we first did it um I'm sorry if you can keep going. When we first did it we did it at 35 miles per hour. That was 100% my fault. That seems like a road that should be 35 miles per hour and it's 50. Uh so when we got into Google Earth, I think somebody made a comment. We saw it was at 50. So we reran the calculations uh created the site triangles. It does have some topography on that street, but I am not seeing any issues with sight triangles for ingress and ingress to the site. Um let's see. We talked about that Fyville serves water to this. Uh this site is located higher than the water tank elevations for Fagville. So our plan is to put a booster pump in to serve this area. And where that booster pump is going, we're still trying to determine working closely with Fagatville and their city engineer uh Olsen on this. And right now our what we're leaning towards is putting the booster pump a little bit further south to hopefully boost the pressure of uh Riverside Estates and Ashers Ranch as well to try to help. They're fixing the water man along 45, right? And it's going to help drastically serve water to the area. But where we place the booster pump, I'm hopeful can be the most beneficial for all of the residents along the road, which is which is really our goal. Um each lot will have its own septic system. Uh we've been working closely with the local ADH rep. Uh hopeful to have final approval on that here shortly. And then we have a drainage report. Uh it's relatively straightforward. Some of the water goes north, some of the water goes south. Um and no variances or waiverss are requested tried to meet uh code. So happy to answer any questions.

If you go back to the condition, one of the things that like they mentioned like um Mr. Blake and like we have a condition from the city of Feder since they are like the provider of water. So they requested them to provide like a grading report once they start like doing their like work with the uh util water utilities and like the the pump. So before they get like approved doing anything they have to go through the city of Pedville as well because like the utility provider and we did we did submit that already. Yeah. Yes sir. I have one question. What are they doing along Highway 45 to help the water situation?

Excellent question and I can't speak in exact technicalities. I didn't design it, but I believe it is a 12 in or an 18 inch all the way from uh 265 all the way down now is what's being put in. So, it will drastically help the water where the there's a 6-in line along Blue Springs Road. Uh which is why there's some pressure and flow issues. frankly a 6 inch line and there's like 250 ft of elevation change from where 45 and Blue Springs are all the way up to our property. So there's some substantial elevation change and and a booster pump should hopefully help that whole area drastically. Got a question. Mr. M. Hey, Micah Thompson. First of all, I am the property owner to the east. Okay. These were my questions regarding traffic.

Okay. Um when did you go out and verify these calculations? traffic. I'm not a traffic engineer, sir. Okay. Like that's what I was trying to explain earlier. And so what I will say is that Micah in his uh orange vest and rollate I did. Sure. And these sight lines do not line up with your calculations from the map. Okay. There there's maybe only And guys, hold on please. Um I I'll say this. I'm not opposed to development. I'm not opposed to subdivisions. Uh, two of these locations, B and C, uh, are in they they're at the hilltop. And the Kings, the current owners, if you turn into their driveway from the south to the north,

it is a blind turn into their driveway. Okay. Where B is, B only has maybe 100 feet on either side. So, this is where the discrepancy. First of all, thank you for the 35 mph mulligan. I I wish it was 35. It's not. It's 50 and then it's 45 and it changes. But if you're coming from the south from Gan, which is that long straight shot, it is 50 miles an hour. Yeah, that just genuinely shocked me if I'm being honest. I mean, people take it. Yeah.

Speeders going to speed, right? That's what's going to happen. But I will say that even at 35 miles an hour, you don't have 370 feet of of sight. Sure. Not particularly on those two. D A cool. But B and C with those especially with those being at the top of the hill. And you know the top of the hill it curves. There's and and the technical term it goes up and down. It's not just one hilltop, right? Um and so it is blunt. And I would not argue the point because I can go measure the point.

Sure. Um, so you know what I would prefer and I I don't know that we can require a traffic study. Can we? Well, it's it's not you. It would be required by like the the engineer and he did not find like a reason for it and it's it's actually even in the cities like they wave it because it's like very expensive and cause Yeah. In this instance, he can't I believe that there are significant safety ingress and egress issues because the other option he can like re reconsider like um modifying the uh maybe the egress ingress or like the shape of like the or like location or like maybe if there's any way you can like reconfigure like the project itself.

Absolutely. But do you mind pulling up the side map? Yeah. That way I can just point to it if it's in here. Yeah, there we go. So B and C are your two main issues, right? I I believe I mean that's the only thing that I can point to being an issue. Yes. I mean and and it's a legit from from my standpoint, you know, I will not sit here on on a board saying not in my backyard, right? Not going to do it.

Yeah. But those two you I mean you can put your feet on and I have and I've got pictures and and I I did the measurements myself that it is you know it it is definitely not what the triangle show for sure. If if uh sorry if C turned north and tied into D and B turned south and turned into A, would that get rid of issues on on your end with traffic? If you rerouted toward D and A. Yes, sir. And had two access points instead of four. That to me, because I can't make an argument against A and D. Sure. At all. And those are the straightest parts.

Um once that hill levels out to the north, it is straight. You got good line of sight. Same thing with a U. From A, you can see my driveway. So if my truck were to park there, you could see my face. Sure. So if I can see your face, you can see my face. We don't see each other. I don't make an argument against A and D. Okay. Blake, is there a way you can get this? Look by resubmitted next month. Um, when would you need to buy to be on the next agenda? It's somewhere like mid uh mid October. Somewhere what? I'm sorry. Mid mid October. Uh mid-occtober to be on which agenda? Like the end? It's going to be on the 30th on October 30th.

Yeah, we could probably do that unless there's a way to approve it conditional with the adjustments. I don't know if that's possible or not because I can show the site plan, but we still would have some additional coordination we'd have to do with the health department. I'm sure septic pits are close or whatever. Can and and well the question also becomes on your end. Do you lose lots doing a re a redesign? I'm not sure if we do or not. Uh we do have like a little pond over here. Uh this existing house is there. There might be some flexibility that we have that I guess that'd be up to you and your client, but I would prefer to see it reubmitted. Okay. if if that's within my

So did would you request like tableabling this for like next or maybe the following or like just like for the future whenever you're ready? Uh yeah, if if we could uh if we could table it to the to the next meeting. Uh I might not have all the health department stuff resolved by that point, but we'd have the plans redrawn that showed that. So I I feel confident that we can figure out how many lots we'd have lost or anything like that. So we'll see you next month. Yeah. Great. Uh I do we I think we still need to have public comment for it. Yeah, definitely. Yeah, we have we have to do that. Thank you. Anyone from the public who wants to comment on this project?

Gentlemen, I know it's getting late so I won't take up a lot of your time, but my name is Jerry Jackson and I am the chief of staff for the city of Goian. And so um just kind of position of the city is that we're not taking a position for or against this subdivision because it's actually outside of our jurisdiction. But a couple things that I wanted to u that was said by the previous speaker was that um the designing of the this subdivision to what has he worked on other subdivision Eagle Crest I mean on Riverside and Ash Farms um those are regulated by the city of Ocean. So to compare to what he's proposing here and what we have there are not the same. Um those are two distinctly different designs. This is more what you would probably see like in centerton what they've built compared to what goen has um designed on their side. So just want to make sure that those are not really call equal equal comparison to those. Um other thing is since this the location of the subdivision is just right outside of our city lines. So we are the closest small town to that. And our concern is what type of impact it's going to have on our infrastructure, our additional cost of law enforcement and street repairs. Uh we have a very limited street budget. Um with the traffic increase, uh we don't if it's going to require any type of uh adjustment to lanes that may have to accommodate the additional traffic. I'm so glad you did bring up the fact about the traffic. We did have the city of Goian did get with Arkansas DOT and had a u request for a survey to be done about putting a traffic light at that intersection of 45 springs. And at the time, this was just

last year, and we were told that at this point it didn't warrant it because we were just shy, maybe a couple couple hundred vehicles a day of that being the case. Uh, and I noticed on the printout that he did present um that was not compiled by um the DOT or anything that I saw that was, you know, that we could put teeth into. So as asking you as this board is to request that uh for our benefit because we're actually relying on you to do what we can't do uh to make sure that the bases are covered. Uh we're like I said we're not trying to the city of goen position is not trying to up to stop this development but make sure that our concerns are addressed as a small city in close proximity to this development is being addressed. uh even to the point of maybe having the representatives come talk to us, the city officials about our concerns about this development and see if we could um address those concerns that we have. Uh so we're asking you to do that for us. I know that some of the residents in this here tonight to speak a little bit more about their personal concerns because they live in these subdivision this is going next to. That's not why I'm here. I'm here from this position of the city to make sure that we are aware how it's going to impact us. It's going to help us in deciding our future development, what costs we're looking at, how we're going to staff our police force if there's issues that we may have to deal with where the county cannot get there at a at a within a time frame that's necessary. Our officers going to be required to uh police that area. traffic uh issues that we may take over. We have taken over the prosecution of our own traffic tickets from the city of Elpions now. So, we've hired our attorney mostly

full-time. That's going to increase our uh expenses for just administration. So, we're looking to you to help us um enforce some of the things that we cannot and for information that we may need to help going forward in our planning with this development. So, thank you very much. Hey commissioners, good evening. Thanks for sticking around. Um, I'm Yes, I'm short. Hi, I'm Liz Mashie, chair of the Gan Planning Commission. Um, just want to piggyback off quite a bit of what you heard from Jerry, but also ask us to zoom out a little bit. Right. A year ago, this would have been in front of our board, right? So only because of the very recent change I think maybe as of 90 days ago there are no more city planning areas and this falls in your purview. So I really encourage you to slow down as a body and encourage and ask the county and the regulators that you've got right to really think about what does responsible growth inside Washington County Arkansas look like? Like Jerry mentioned we're we're limited what we can do with inside the city. Um we try we are also really excited about responsible growth in our city and trying to figure out what that looks like. But you've probably, like me, been part of the Northwest Arkansas regional planning meetings lately. And we'd really like to think about, like Jerry mentioned, how do we work together? How do we get developers to to do good, responsible development in our communities and how do we as the board support and guide that? Um, I encourage you to really think about how this jives with the rest of the land and the developments around it. Um, both Ashers Ranch and Riverside Estates were developed inside of our city limits, so do have very different standards. And so I encourage you to think about whether a development like this with density fits within the regional planning, the whole region, not just this strip of Blue Springs that happens to fall in the county um and inside your jurisdiction, but really the whole area. Um I encourage you to think about again

leveraging whatever tools you have available as the county. Think about t working with um the rule makers and be the rulemakers to really take care of that and again slow down. um in goan we've had to do that over the years sometimes up to and including even moratoriums on development until we can really figure out what we want. So, I encourage you to think about slowing down, too. Get the developer to really think about making this responsible for the neighbors that live in the area, the people who are already impacted by the traffic. As you me, as Jerry mentioned, we didn't, excuse me, we didn't just dream up the idea to have the Arkansas DOT come and do a traffic study. We needed it, right? And so, we'll need it even more if we have something like this in our backyard. So, just encourage you to think about us together. Use the tools available. Slow down if you need to. help us all slow down and be really responsible about Northwest Arkansas growth. Thank you.

Good evening. I'm Albert Skyles. I'm a resident on Blue Springs Road. I built my house in 1983 and I've been living there ever since. And I have uh just wanted to come forward to um give you my perspective on this. I'm an architect. I used to be on the city council at Gan. I was on the planning commission at Gan and I helped write the uh the subdivision regulations that are in place now uh from a task force from from Mayor Max that tried to create a new kind of concept of subdivisions in our area that allowed for some amenities to be on the site so you wouldn't have to get in your car to go anywhere. So, our current regulations allow we we allowed them to go down to one acre instead of two acres if they had some open land that would help uh folks there like take a hike or listen to a concert or have some kind of collective action. Um, this this program that we're looking at here now is is is is in my opinion just horrifying idea and and not just because of the things that have been said so far, but for for long-term idea, this is forever. This is taking a piece of land that if you look at the site plan, it it would be perfect in New York City or or the plains of Kansas. It is totally unsympathetic to it's a violation of just trying to what we call the tail wagging the dog. You're taking a piece of land, you're scraping it clean, you're not acting like there's any other influences on that land where the water's going. In Fedville, we have laws not we have certain um conditions and also in go it should be everywhere to register how much where's all the rain going. These folks are saying we're

going to take care of that. It's going to be okay. That's nonsense. That there's no as as far as I can see so far, there's no recognition whatsoever for trying to create some kind of natural environment where when you walk away, you still have the natural forces acting as they were. Uh on top of that, the you're you're going to have a whole lot of septic tanks real close to the lake, a whole bunch of them. And they're unmanaged. They they a lot of them now a lot of the pollution caused by in Beaver Lake that we have now are from septic tanks too close, too old, and and not working. So the idea of of another 400 cars, 200 cars, um 100 houses in that density, uh is is is going to be an issue for those types of things. Traffic also is another biggie. Right now we have trouble going to get the mail. uh in the last 5 10 years if we need a light right now in goan what we're talking about here with the sub with a with folks that uh are are a a bedroom community means that everybody gets up and goes to work pretty much the same time so it's not filtering out like a retirement community everybody getting up and going at the same time and I'm telling you right now that road is not meant for that we have two bridges that they're going to have to cross those bridges are less than 20 feet wide right now you got to hold your breath to go across it with anybody else coming at you. That's not been talked about. Uh so I agree with every what the other folks that have been saying and and the city of Goan has a huge concern here because there's no idea about how much go is going to have to come up with all kinds

of infrastructure, police, um other services that this will impact. And so, um, I want you to really think this over hard and I I really advise you to, uh, reject it. Thank you.

Greetings. My name is Michael Greg, lifetime resident. One property uh, separates you and I, Micah, uh, the Dodson's property. Uh I may not be a architect but I but I am a draftsman so I'm very familiar with the documents that's presented in front of me. This development is in a rural area and designed the design leans more towards an urban development that's typically within city limits that have been that has a better infrastructure. I also do not see any sidewalks proposed to enhance public safety. This will be the largest development east of the river and will come close to doubling the current number of homes that directly access Blue Springs Road. It is my opinion this development is oversized for the infrastructure that currently exists, especially considering there is minimal information on improvements that most likely will be decades away. Due to geographical location, the density should be reduced by 35 to 50%. For community safety and to conform to all the existing developments in the area, I would like to see the entrances reduced to just two entry points. The plan can easily be reconfigured to accommodate this with only losing maybe one or two buildable lots at the most, and this is out of 94 buildable lots. The development will be impacted very little by altering the cookie cutter plan, but it will make a huge impact on overall public safety and could possibly save lives. What are your friends, family, and constituents lives worth? One or two additional buildable lots, a few extra dollars dollars in someone else's pocket. I would also like to see sidewalks in development of this size because we know the people will be parking along the street, leaving no room for pedestrians or bicycles. I encourage you to drive through Blue Springs Village on 412 just to the north in the evening time to use it as a comparison. Finally, the drainage and runoff is a huge concern.

Every bit of drainage that runs off to the northeast runs entirely through the east side of my property. Uh the drainage runoff is huge concern not only to protect my own property from damage but also my surrounding neighbors and the entire community as a whole due to the runoff flowing directly into our drinking water supply. The documents state that the health department has not concluded their duty of inspecting and improving septic systems for nearly 100 new homes in a rural area where the waterershed feeds our drinking water supply. So it is my opinion that this hearing is premature especially considering the documents provided by craft and toll directly state the existing site topography is described as steep sloped on-site slopes range from 5 to 37% and the developer is proposing to strip the top 24 in of the top soil off the top of the 120 acres to regrade this extremely rocky and steep terrain. In conclusion, please review our information and address our concerns. Do not leave us depending on the lowest bidder to properly and safely address these concerns and protect that what is already established community safety, well-being, and their main agenda and primary concern is only financial reward that they plan on receiving when considering the work is done. They want to get in, do the bare minimum to get paid, and then get out. Not all contractors have integrity or take pride in their work. Please don't make us innocent victims that are gambling with the chance only so that someone else can pad their own pockets. Thank you for your time and consideration.

Hi, Lisa Skyles. I live off of Blue Springs Road. I live on 444 Spring Park. 12 years on the go planning planning commission. um retired my position in March as co-chair and practicing architect and recently certified um planner in the state of Arkansas. I feel that the density of this um subdivision is inappropriate. It, as you um heard, it abuts what used to be or what is Gan and used to be our planning area. It has approximately 38 more houses than what our um current aotment would be. Part of the large um lot line, a lot size in goan is um concern for septic system and the density of uh over density in the um proximity to the lake in addition to valuing our green space. Some of our new subdivision updates included more green space buffer between the busy highway and um the residences um and having um the option to shift some of that to green space. The intensity of this subdivision and the lack of acknowledgement of the topography and the hydraology and the proximity to the lake make it seem inappropriate. In addition, um having a stoplight at Highway 45 and spring in Blue Springs has been a topic that the city of Goan has pursued and I would um ask if this body can add any leverage to that conversation. Um that intersection is getting un untenable in terms of um pulling out onto 45 and and getting into work in Fagatville or towards Huntsville and you're basically flagging across the way on Tuttle to try to find uh a way for everybody to merge out and um going the other way is is dangerous as well. So for the health, safety, welfare of our residents in that area and um for um smart planning in the future, I urge you

to um give this uh heartfelt consideration. Thank you.

Good evening, board. I'm Jim Hasten. I'm a property owner contiguous with just on the north side of the property and discuss discussion to go over one item that's already been brought up. I have concerns about the number of ingress and egress sites. If you look around the developments around goan, they all have one ingress and egress site. This place doesn't need four. It's an absolute traffic hazard. And Micah has been out there walking the road. I walk that road about five times a week. So I I know exactly the the Blue Springs Road frontage and the one ingress egress point on the property now has a caution sign hidden driveway. If you're coming from the north going south, you top over that ridge. you don't have any time to react to something coming out just on the south because you can't you can't see them until your car tops over going to the north it's just about as bad. So I I think this seriously needs to rethink how much uh we need that many ingress and egress points. It it's dangerous. Somebody will get killed. You don't want to sleep with that. Next item. Um I'm um just to the north, just north of the property in question, there's a private a private uh gravel uh access road. It's marked private. It goes east west about a half a mile along the north edge of this proposal. If you go to the plat of this property,

there is a street that runs north south that dead ends just at this access road. We need to make sure the the access road remains private. Um consideration of allowing others to use that road won't happen. Okay, you need to keep that in mind. I'll move to a third thing. I worry about the water. This this farm is on the top of a ridge with twothirds of it having a north slope, one/3 having a south slope. I'm particularly concerned about the north slope because that drains onto me. Halfway down that north slope is a large collection pond. I understand from this plat it's being taken out. I understand the hydraology studies have been done, but I'm not reassured that they have taken into account of the use and collection of this large collection pond and how much water uh in volume and in speed would go down the creek that presently drains below that pond all the way out the property across my property and into Beaver Lake. When there was just a barb bar fence as the north border of this property, when it would rain hard, it would wash that fence out on a regular basis just to give you a practical uh concept of how much water is coming down that creek. Okay. Another issue and you know I don't want all the pollution and the runoff from the septic tanks getting involved and going across my property and going in your drinking water in Beaver Lake. Another issue about this same creek that runs across the north side of the

property going north going from south to north and across my property. It exits through lot number 92 which has been declared not habitable or buildable. It shows two uh detention ponds within that lot. The creek runs right between them and off the property. If you go to lot 91, the plat shows the location of the septic fields to be within uh 50 ft of where that creek exits the property. I worry about contamination from that. Also, that detention pond on the east would be within 100 ft of the septic field that I just mentioned. Lot 93, which is just to the west, has septic fields marked and they are within 100 feet of the intake portion of the westerly detention pond. I fear of contamination on those. So take those items in into consideration. And then I have to echo what has been said just before me. The flavor of Goan is lovely. Goians work hard at having the the population density that it has and the character of the homes that it has. This this looks like a big city project like it needs to be on the side somewhere in Dallas. This this isn't a go flavor. This is way too many houses uh to maintain the go flavor that we love. Consider not having this many houses on this property. I appreciate your time and thought. [Applause]

Good evening. Uh my name is John Denny, live at 18217 Blue Springs Road. Uh uh to echo some of the things that that doctor said, uh let's uh not echo what we've already talked about. Yeah, bring up echoing. Exactly. Just just chiming in. New issues.

So, ultimately, I live on that access road and I maintain that access road on a regular basis. The amount of water that comes off that property is substantial and and ultimately I'm I'm all for progress. I'm a builder by trade. You know, ultimately, I'm not here to stand in the way of progress, but it needs to be well thought out. It needs to be planned. And there is extreme concern about the uh road that's shown on the plat that is directly across from my property that that that Doc did mention. Uh in addition to that, the you know concern about what what the covenants for this subdivision are going to be, what the home sizes are that are going to be expected to be approved, how that impacts our property values, all of those things. impacts on utilities, power, water, you know, all all of the things. Um, ultimately the the the storm water is is my main concern. The traffic impact, some of the things that we've already talked on, I think are all great points. U and and I just want to make sure that this this panel, you know, takes all of those things into account. The the area that we that we live in out there is a is a beautiful area. my my wife was was babysat on the property that this subdivision is being developed on and and ultimately we would we would hate to lose that flavor. Thank you. [Applause]

This will be abundantly quick. Carlo Carbetta, I live in uh Riverside actually to make a correction. Our pressure is perfectly fine. Okay,

we've got 150 PSI coming out of our backflow. No issues. But that is a huge concern and actually he brought it up, right? What impact is that going to have? What are we looking at from Fagetville? I don't know. I mean, we were recently on a water ban. So adding another another 100 I mean 100 homes above the challenge, right? So please take all do everything you need to do in regards to that piece of it because that's a a massive consideration. The last thing I want to do obviously be without water pressure, right? I mean, that's and I don't know what the I don't know what the pump looks like. I don't know what the impact for the future looks like in regards to that, but that's something that definitely is going to have to be uh significantly researched. But that's all I've got. Appreciate it. Thank you. [Applause] My name is Dana Mlen and I live further down Bivama and we have a water problem since Asher and since Riverside Estates we have very low pressure. You know, we're all asked to conserve water and I have strong fears that with the addition of 90 more homes, we may have no water. I said they the pump at the bottom, is that going to help everyone in the area or is that only going to go to the subdivision? Those are things I'd like you to keep in mind. Thank you. I'm Betty Hasten. I live just um north of the property in question. I have some questions. One is on page uh 16. It says there's a proposed widening of Blue Springs Road. I'd like some information on that. Um I

spoke with the mayor of Goan. He knows nothing about a proposed widening of Blue Springs Road. I'd like some information on that. Um, I also have a question about the pond that's existing that's shown on street C between lot 71 and 72. Will that pond remain or are the is that going to be taken out for uh the lots? Um the third question I have is do the septic tanks have to be located where they are shown on the plat. What if it shows that the house and that this is if that the house building should be here on the west side of the property but the person that buys the lot wants to build it on the east side which is shown as the septic field. Are they restricted to where they build it based on what is shown on the septic field? Those are my questions. Thank you very much. Uh my name is Britney Denny and my husband just spoke. We are the property just north of this proposed development. Um, one of my bigger concerns as well is that Washington County right now does not require um any kind of building permit or a single inspection on a single family home. So, how are we going to know that these homes are being built to code and that there's not going to be an electrical fire in the year that burns our whole property down? So, that

was just in addition to his note. Thank you.

Anyone else? Close public comment and bring it back. Sorry. All right. Quick. And I'm a terrible public speaker, so just um the biggest problem with this is we're setting precedents. Name and address, please. We're set. I'm sorry. Name and address.

Nicole Carbetta. We just purchased a home in Riverside last year. Um love the area. Beautiful. And this is just way way too dense. No character whatsoever. They're just jamming it in. Um, Blue Springs cannot handle this. Ocean cannot handle this. Um, definitely I used to be on the plane commission in Georgia. I understand we're not stopping development, but it needs to be at the right place, the right time. There's no character here. This is just let's throw it in there. There's no regard. Um, Gan is going to have to take care of everything because nobody's going to go towards the lake. It's too windy. It's very dangerous. The other way is even more windy. It's 35 miles an hour as you get closer to go. It's 50. There's that one little stretch, but that's it. Um, and everything's going to fall the city of Goan to to manage. And I just would highly recommend this needs to be thought about. [Applause] Close public comment and bring it back to you. I'm happy to try to address questions or if y'all want to ask questions, however, however y'all want to do things.

So, so I'm feeling that we're going to table it, right? That's our request. I mean, you've you've you've heard Yes, sir. what they've I mean, if if there's opportunity, I mean, I encourage you to talk to the the neighbors. Sure. I I know that no one's required to do it. U except for when you get in here and then one side gives an argument and the other side gives theirs and that's it. Right. Uh I mean my only recommendation is right. I I don't I don't think talk talk to the neighbors. That's that's my recommendation.

Sure. I don't I don't think we'll probably see eye to eye on density. Uh, you know, we're part of the Northwest Arkansas Regional Planning team that's putting together the documents currently and right now it's talking about how we should be building more dense things because we have finite land and I think it's a it's a tough balance, right? As at least as as an engineer trying to match the character of existing developments. Uh, obviously the county doesn't really have a process to go less than an acre anyways. Uh but it is it is a delicate thing where you know we're at 1.3 uh sorry one one lot for every 1.3 acres basically on average if you take our overall gross area and that's compared to one per two for goan. So that's the kind of sensitivity we're we're talking about overall. Um so responsible growth I think is a definition that's defined differently by a bunch of people. What is sustainable? What is responsible? I I think that is a hard thing to answer and I think everybody has a different opinion on that and that's that's okay. Um environmental concerns. I mean we've we've talked to the we have a AJ from the core of engineers. I mean they agree with all of our environmental findings. We're preserving the things that are supposed to be preserved. Somebody asked about the pond that pond between those two lots. We're removing that pond. We are putting several ponds on site. Uh we'll check spacing to septic fields and make sure that meets all of all the county.

Yeah. the 50 and 100 like numbers like they they've been discussed. It's like health department requirements and ordinances. So like they're like within the limits and

and with the septic fields, you know, those are not set in stone set and stone. You have to do two septic uh test pits per lot and prove that it can work. You have to show the preliminary or the primary and secondary fields for the subdivision get approved. But anybody can go through and file a new permit with the the health department. I we can't control that. Um um this does not have sidewalks. It matches the county street section which is an open open channel ditch. Um density and topography. I mean those those things we did take into account. Uh ingress and egress. I think we will only have two access points to Blue Springs Road. Whether that means those two other streets in culde-sacs or whether they turn up. I mean the culde-sac is probably less intrusive to overall layout. Uh but that's something that um Sam and I will talk about. Um and uh Blue Springs Road widening. There was just some confusion. When we say Blue Springs Road widening, we're just talking about widening our portion in accordance with the county standards. So I don't know of any other widening uh that's proposed currently. Um and I think that is it. Unless y'all have any other questions, we'd like to request to be tabled.

That I'll bring it to the board. A motion that we table it. Second. All those in favor? I I

Next up, Mustine Road Prelim Subdivision. Staff report, please.

Vicinity map, site map, neighbor notification map. The property owner RGB Mustine Road LLC with representation from Craft and Toll is requesting a preliminary subdivision approval to allow the development of a new subdivision. Mustin Road subdivision will have 39 lots, 36 buildable and three non-buildable for detention and common area. Buildable lot sizes within the subdivision range from 1 acre to Yeah, go ahead.

Okay. Buildable lot sizes within the subdivision range from 1 acre to 1.99 acres while the non-buildable lots are.16 1.2 2.2 and 2.2 acres. The subdivision is 50.63 acres in total located near the intersection of Mustin Road and Story Lane. The subdivision site currently consists of an access road and storm water drained structures. If approved, the applicant will apply for a final subdivision prior to site construction. 23 notifications were mailed to adjacent properties. Staff has not received any complaints. These are the conditions. Any questions? Staff.

We'll bring it to the applicant and can give your spill again. Uh Blake Murray of Craft and Tool. That was so much fun. I say let's do it again. Uh hopefully this one's a little bit faster for y'all. What's that?

Oh, it's one acres, but there's only like 30 of them. Um this is Mustine Road subdivision. Uh just outside of Tony Town. Uh like she was saying just a second ago when she did that report, 39 lots, 36 of which are buildable, three are detention common area. There's the density here is u a good bit less. There's some steeper topography kind of on the south and the west side. So, a lot of that's been preserved. Uh, so it's not quite one one lot for two acres, but it's it's more like 1.8 1.7 somewhere in there on the overall density. There's one point of ingress and ingress off Mustine Road. Um, and so I mean the traffic's going to be very light here, consolidated to one access point. So, I'm not really seeing any traffic issues with 30 30-ish lots. uh water served by Tony Town. That's 8 inch uh flow test has been provided. Plenty of flow and pressure. So, we have all the septic stuff figured out with the health department. So, no issues there. Uh hopefully this one's a little more straightforward than the last one, but happy to answer any questions y'all have.

Yes, sir.

Anyone here from the public that would like to comment? Good evening. Uh my name is Javier Sanchez. Um I am uh currently living in this uh location right next to the proposed uh site. I've been there for 10 years and uh I've seen a lot of uh things going on around the area. We have a lot of construction going on on 412. Um just this location is half a mile south of it, maybe a quarter mile. So my only uh concern with this uh it basically basically involves my property. All the runoff water that would come from all these uh houses or this subdivision, it has to go into the ravine that goes through my property. So that would affect greatly on my on my property. Uh I know that is inevitable um for this subdivision to go on. You know, it is a given that it's going to happen. Um but it is some questions um to be answered in regards of um the maintenance on on roads. It's only one in and out from from 412 as of right now. with the construction that is going on 412. Um, basically all heavy equipment or whatever uh machinery they need to bring in to prepare the lots, they either have to go around on the back way and it's going to tear up a lot of the uh the road that is washed off pretty much every time it

rains. Um my property is sits kind of low from uh lower from the road uh on story lane. So last few days when when it rain a lot all the water that is coming from the road is right at my front door. So with all this um runoff from this uh subdivision was going to be different. uh is probably going to be worse. Right now, the field over there absorbs the majority of the water, but compacting that rain and if it is paved or whatever, the runoff is going to be greater. Now, another concern is for wildlife. I've see a lot of deer and and I've seen bobcats in this area as well. Um just try to chase my chickens around. But uh what is that going to do to to the wildlife? Um and it's some uh of the neighbors that we don't have very many. It's been peaceful and quiet over there, but bringing these many uh homes into this uh area uh is probably going to be a lot different now. and I went out there because I want to raise my family out um with peace and quiet away from city but it seems like the city is coming to us now. So u like I said is uh it's a given that is going to happen. I just want you to to see if we can have some uh clarification on what is what are the plans for all these runoff water that's going to come off from it and uh and see if we have a solution because that will uh affect greatly on my property. Thank you.

Good evening. Uh my name is Miranda Coh and uh we live on Story Lane. Um right there, these will be our new neighbors. Uh we've lived there for about five years now and uh we're right inside the boundary of the Ozark National Forest and it's beautiful. It's it's quiet. Um, and there aren't a lot of neighbors here tonight because there aren't a lot of us. Uh, the land there where we live is either agriculture or it's forested. So, like Javier said, I realize that a subdivision um that more houses is inevitable, but it's really hard to picture. Um, more importantly, I've seen the impact of projects like this and I understand their seriousness and how far reaching they are. I do a lot of volunteer work for IRWP, the Illinois River Watershed Partnership. Um, so I've seen planned and approved subdivisions with serious flooding issues. So I'm here mainly to voice my concern that this project is going to take 50 acres of field and turn it into 40 acres of impermeable surfaces. So I'm concerned about storm water runoff. I'm concerned about flooding. And in addition, I'd like to ask that the impact of this project on our waterways, on our creeks like Wild Cat Creek, which flows directly into the Illinois River, um just that that be fully explored before we go forward with any plans for a project like this. Thank you. With that, I'll close public comment and bring it back to the applicant.

Happy to discuss anything y'all like to Can you address some of the water comments, please?

The water comments. Yes, sir. Uh in general the water flows uh kind of as I was saying with steep topography to the south and also to the east. We have two ponds proposed one on lot 37 and one on lot 38 to the graving plan as well and it's it's kind of just daming up the natural drainage way that kind of pond. So as far as ponds go it's less intrusive than than most of the ponds you'd see in a typical subdivision design because we just damned up the uh the drainage channel. So, uh, but yeah, it's designed per county county standards and Carver's reviewed it as well. So, we've had multiple engineers looking at it. Uh, we shouldn't have any any drainage issues that are exacerbated at all. So, any other questions? Is the standard for water control that there is equal to or less than and and forgive my lace speak here

runoff post development? Is that is that the specific standard you're you're designing for?

Yes, sir. So how how all the cities up here and and counties look at it is the post-developed peak flow rate needs to be less than the pre-developed peak flow rate in all all the storm events the two 510 2550 and 100. So what we had on whatever that was Tuesday or Wednesday was almost a two-year event to put it in perspective. Any other questions? That I'll bring it back to the board.

Mr. Chairman, I move that we approve the Mustine Road preliminary subdivision as presented. I'll second it. All right, let's bring it to a vote. All those in favor? I. All those opposed? No. It's the It's the majority at pass like 3 to one. Thank you.

White River RV large scale development. Good night.

The vicinity map, the site map. The applicant with representation from Swopee Consulting is requesting a final large-scale development approval to allow operation of an RV park with 2740 by 80 RV spaces for lease. There will be two employees and the hours of operation will be 9:00 a.m. to 5:00 p.m. each day. The project will use 3 acres. A comprehensive walkthrough was conducted on August 4th, 2025 with the present in the presence of the county planning staff, the property owner, the projects engineer, and the county contracted engineer. It was concluded that all grading, drainage, and development internal roads matched the submitted final reports plans and all engineering planning and zoning requirements are fulfilled. The applicant obtained a driveway permit through the Arkansas Department of Transportation that was issued on May 21st, 2024 to utilize East Highway 412 as an access point for this development, which will serve as the RV park entrance. The 2023 353 White River RV conditional use permit was approved by the planning board, then ratified by the quorum court. Additionally, the 2024 66 White River RV preliminary large scale development project was approved by the planning board on March 28th, 2024. These are some project site pictures and what it looks like right now. These are the planning conditions. All right. walk us through what we have left.

Good evening. Yeah, good evening. I'm Derek Tibido with Swope Consulting and I am just requesting your approval for this final plan. I'm happy to answer any questions you might have. It's a it's a wonderful facility. It's beautifully built. It's a nice addition. I think you did a good job. Just speaking for this project, this project was like um went through a lot. Some of the stuff also like they went through like a variance we did not mention, but they had to go and like give a piece of land to the neighbor next door like to create just like trees and like barriers. So they've been doing this for like almost two years. Like I'm I'm glad it turned out to be that

pass it every day. I think you guys did a good job. Yeah. No issues. Thank you, sir. Thank you. You can take that as a motion to approve it. Is there anyone here that would like to comment from the public? There's no one there. No one here. With that, I'll bring it back to the board. Have a motion to approve. Second. Take it to the vote. All those in favor? I. All those opposed. Thank you guys.

With that, the Strawberry Plant final subdivision staff report, please.

The vicinity map, the site map, the owner, Harmon Road Estates LLC, with representation from Craft and Toll is requesting a final subdivision approval to allow a 60.09 09 acre parcel to be split into 46 lots. 45 lots will be buildable and one will be non-buildable designated for a detention pond and common area. Buildable lots will range from 1 acre to 1.82 acres with individual subject systems to service each lot. This is a single family subdivision platted with street drainage and utilities. A comprehensive walkthrough was conducted on August 7th, 2025 in the presence of the county planning staff, county road department staff, the property owner, the projects engineer, and the county contracted engineer. It was concluded that all grading, drainage, and subdivision internal roads matched the submitted final reports and plans, and all engineering, planning, and zoning requirements were fulfilled. The 2024 186 strawberry plant preliminary subdivision was approved on September 26, 2024. These are the planning conditions.

Any questions of staff? I have a long presentation prepared. Uh, I'm just kidding. If if y'all have any questions, I'm happy to answer them. Uh they one of the things like we asked them to do like after like we did the initial like uh walk through is like to install like street it was like messed when we did the initi we went like early to install like street signs and they already there and like everything looks fine. So no issues good to go.

Anyone here from the public that would like to comment? Kenneth Lev um Washington County resident. I got a question for the Mustine Road. My understanding that's already passed, sir. It's already gone. That's the problem. The the lawyer spoke and said all four had to agree because the other three weren't here. No, that's 3 to one. That's for the cup. Uh large scale is like the majority of like the attendee. So, they have 321. It's in our even though the other three aren't here. It's in the by attendee. Okay, I'll follow later. Okay,

thank you. Um, I had asked Tiny Town previously on this strawberry plant that they not approve additional uh uh whatever it's called, subdivisions because of the environmental issues that we have in Washington County, especially out there right beside uh Strawberry Plant. There's Wildcat Creek and on uh let's see J uh February 28th is when they uh says I arrived in the area noted in the complaint on February 28th, 2022 and upon arrival verified Wildcrack Creek was a maroon color adjacent and downstream Harmon Road. If we continue putting these people in harm's way without addressing the environmental issues in Washington County, we're killing people. I live probably 3/10en of a mile from Strawberry Plat toward Eco Vista. I'm suffering every day because of it. ADQ is not doing their job. Pollution, Ecology, and Control is not doing their job. I'll be there tomorrow at 10:00 to speak to them. If y'all would like to go, that'd be great. We need to stop building houses until we address the environmental problem. Thank you.

Just on this note, this has like his comment has nothing to do with this project. That's one thing. The other thing like the city of uh the city of like Tonytown already approved like the expansion of the water line for this project. So, we got all the approvals.

Any additional comments? I've not heard of any DEEQ issues out here. Uh, that's the first I've heard of it. April 28th, I mean, it was it was obviously still under construction. Maybe they were cutting in the pond at that moment and got a big rain. I'm not sure that, but that's the first I've heard of it. With that, I'll bring it back to the board.

We're not aware of any issues or complaints. No, that's a final subdivision. Like we don't notify the public. It went through like everything like for like almost a year and a half and more. Okay. Yep. I'll move for approval. Second. That I'll bring to a vote. All those in favor? I I. All those opposed? No. any

Yes, sir. Uh uh so far like we have a scheduled like uh meeting to discuss like the new approved planning and zoning uh ordinance on October 9th. It's been scheduled like for 9:30 uh 5:30. Uh we'll let you know. We'll send you an email and like we'll send you the agenda. It's going to be one item. We're going to like invite Mr. like Jeff Hawkins to speak about it so we can at least like explain what happens the history why we did this where we where we're at now and like what's recommendation for the future. Uh and then like the next planning board like the regular schedule like planning board is going to be like on October the 30th. Yes sir. And there is one more I guess like in December. I can't remember when but Yep. With that, I'm looking for a motion to adjurnn.

We need a second. Second. A second. So move.