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The regular meeting of the Texa County,
Arkansas Planning Commission is called

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to order. Agendas are available on the
rails, so make so help yourself. We will

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take the items as they are listed on the
agenda. I will read each item and ask

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the person representing the request to
come forward to the podium. Please state

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your name and address for the recording
secretary.

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Present any information you and make any
comments you have about your request. be

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prepared to respond to any questions
that members of the planning commission

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may have of you. Thank you. Item number
one, roll call.

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» Anita Picket,
>> present.

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» Jason Depri is absent.
Uh Boots Thomas is absent. Dr. Hickerson

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» here.
>> Chris Owens

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» here.
>> Cory Mobs

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» here.
>> And Chairman Neil

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» here. We have a quorum and we can
conduct business.

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Second item, adoption of the summarized
minutes.

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Have each commissioner had an
opportunity to review the the minutes.

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If you need any more time,
if all are satisfied, the chair would

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entertain a motion.
>> I move we approve the minutes as

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presented.
>> Have a motion and a second to approve

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the minutes. All in favor? I.
>> Any oppose? Minutes are passed.

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Item number three,

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ordinance revision, request by Texas
County, Arkansas Police Department to

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revise the draft truck stop ordinance to
include a requirement for security

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cameras.
>> Um, well, first of all, we're at a bit

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of a disadvantage tonight because our
internet has been out all day, so we

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don't have our PowerPoint. So, I'm going
to need you to rely on your packets.

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[laughter]
Um,

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TAP, as you remember, we passed, we
passed the truck stop ordinance. It has

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not gone to the board of directors yet.
Um, we're trying to push as much as we

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can into next year because of the budget
that they're fighting with right now.

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Um, but TAPD has asked us to add a
requirement for security cameras.

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So, in the ordinance
that we drafted, there is a

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section entitled administrative
requirements

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and that says all requests for a truck
stop shall be accompanied by the

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following items. A site plan, a traffic
impact study, a water runoff and

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drainage study, a lighting plan, and I
have added in there a security camera

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plan.
That make sense?

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Yeah. And I think they'll have security
cameras anyway, but tap this is

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» better safe than sorry.
>> Cover all the bases.

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» Yeah.
>> All right.

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» Is that all that's necessary to appeal
that requirement?

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» Mhm.
>> Okay. All right. Any questions from

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commissioners?

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The chair would entertain a motion.
>> I move that we approve the item number

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three.
Second.

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» We chair has a a motion and second to
approve the ordinance revision for truck

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stops.
>> Roll call.

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» Anita Picket.
>> Yes.

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» Dr. Hickerson,
>> yes.

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» Chris Owens,
>> yes.

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» Cory Mobs,
>> yes.

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» And Chairman Neil,
>> yes.

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» Item number three passes.

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Okay.
Item number four, reszoning request.

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Request by coart that investments to
reszone the property located at 3411

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east
from C3 open display commercial to a

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planned unit development for the purpose
of building duplexes. property is

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legally described as park southeast
southwest section 4 township 16 south

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range 28 west of Miller County Arkansas
containing 5 acres more or less water

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» okay this property on this map in your
packet this property is located on East

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Street located east of old Blackman
Ferry Road if you've ever driven down

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there's an old abandoned building that
says Bucks and ducks on it. That's the

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property that we're talking about. Um
there is

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find on my maps.
>> Looks like there's two buildings on it

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already.
>> Those two buildings are going to be

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demolished.
>> So they'll be demolishing those

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buildings. On your zoning map, the
property is currently zoned C3.

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It does butt up to R1 residential
property, but they would be reszoning it

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to a PUD, which means that that's all
they can build on there. Um, are the

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duplexes that they're requesting.
There is a 6-in water line on the north

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side of 71. They're pulling a permit
from the Arkansas Department of

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Transportation to bore under 71 to
connect to that water line. They have

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had perk tests done by the Department of
Health. And you should have in your

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packet a site plan that has the U septic
fields on it. It's the one that has the

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red squares on it.

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Now, they are required to submit a
preliminary plat. They don't have that

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plat tonight. So tonight we're just
approving the site plan. They'll have to

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come back in January with the
preliminary plat and they're looking at

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doing five duplexes.
Um

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I have had a phone call about inquiries
about what they were going to put there,

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but I've not had anyone formally
complain about it.

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» Do we know the square footage on each
duplex? Um,

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» I'm trying to spin it and see.
>> It's I don't know if I gave

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» Okay.
>> And yes, calling the developer is here.

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» Oh,

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and the culde-sac is okay.
>> The culde-sac they are the site plan you

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have has been revised. They sent it to
me today. Of course, I could not print

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it because I have no internet. Um, they
had to increase the culde-sac by 8 feet

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because you have to have 98 feet width
for the fire department

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» fire trucks.
>> I'm sorry, not 98, 96. So, that has been

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um revised on the new site plan.
We had a meeting with all the uh utility

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companies, uh the fire department,
um

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building official, and everybody went
over the site plan there.

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» Any uh
how many notices went out to

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» 16?
>> 16. And I ended up calling Terry today

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just to get his opinion since it's his
board and he said this would be an asset

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to the area.

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» Good deal. All right. Anything else? Sh.
>> I don't have anything else. Like I said,

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the developers here. If you have any
questions.

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» All right. Is there if there's someone
here that wants to speak for the

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project,
>> just come forward. State your name.

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step up here.
>> Yes,

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» that's great.
>> Um, my name is Tracy Harris. Uh, I'm

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actually the my wife actually is now
co-owner with the heirs of the property

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immediately to the south. Uh, was
formerly JW Lingo 3417 East Street. I

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don't think the family, the whole family
is not opposed to certainly increasing

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the area, proper development in the
area, all of those things. We've just

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been through estate planning, just had
an estate sale. I do know that the roads

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across the street are present here and I
have not conversed with them. I don't

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know about their feelings and certainly
want to let the developers know we're

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not here to like oppose or say hey
absolutely not. We can't reszone it. The

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only the only thing I would request
because I don't feel like that the

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family feels we have sufficient
information to say yes we're fully in

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favor. Yes, we oppose it because we
don't really have the ramifications. We

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had the house up for sale and we
actually had a contract on the house uh

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that the individuals I think were
concerned about. Uhoh, you know, now

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we're reszoning this. We don't know
whether we need to go forward or not. It

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certainly that aspect of the delay
negatively affected the family. Of

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course, in that regard of what our
potential future was, it has nothing to

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do with being for or against the
property. In fact, anything will look

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better than a burned out hole of a house
and what's developed there there. So,

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we're not at all opposed to that the
improvement of the property. I think

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it's just important to know what the
future does hold for the residential

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homes in the area. I'm very familiar
with the PUD. I know that that is

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restrictive to exactly what they are
saying they're going to build. They have

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to build whatever the PU So, that's not
a problem. I don't I'm not concerned

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about it being wide open on development
and all that. I think my biggest concern

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would be we don't have the internet up.
I don't have a printed plat in front of

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me as far as what actually that's going
to look like or

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» I don't have a plat. I have
>> But that's what I heard you say. And so

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I'm wondering about the plat if I'm just
wondering about that. I know if I'm

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them, I want to get this approved right
now for the first of the year. So I'm in

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no way trying to be antagonistic and
saying, "Hey, you guys got to wait

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another month." But the thing that does
concern me is don't have the platform.

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And would love to have a conversation
with you guys about kind of what that

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looks like. be thrilled to do that. Um,
but really I'm respectfully going to ask

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that you consider
a yay or nay vote on it to approve it as

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far as the reasoning until we have the
plaid in front of us and can properly

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respond to what that actually looks like
on access and egress and since the

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borderland absolutely specifically
borders to the south the 4 acres that

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you know is now in the estate. It would
it would def defin definitely

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impact I guess the access egress of a a
person that's buying a single family

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dwelling and what does all that look
like? So I just respectfully ask not

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that you deny or you know approve it
either way. I mean I don't know that

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we're even opposed to it. It's just that
I don't think without the plat we have

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the information to say we can properly
speak to

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whether or not we would be opposed at
the impact on the personal residence. So

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anyway,
>> thank you for your

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back.

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» They'll have to come back in January
preliminary class and then [snorts] once

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the board of directors approves the
resim,

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they have to bring back a final. Now if
the final does not have any significant

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changes to it, then we can just approve
it in house.

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» But if it changes significantly [snorts]
It has to come back,

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» right?
>> But they do they will have to come back

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in January.
>> Yeah.

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» Either way,
>> right?

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» Let me ask you this just maybe I just
want to make sure I'm tracking with that

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information. So if if it's reszoned
tonight though, that's set in motion.

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Whereas that reszoning
could wait until January for the plat.

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It's not significantly going to hinder
it. Exactly.

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» In other words, if we tabled it and
didn't vote on the reasonzoning until

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January, it wouldn't significantly
hinder them from submitting the plat. I

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I don't want to delay them. That's not
my purpose to oppose them. It's just

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that it would be really helpful to us to
get past the first of the year and see

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the plat and see exactly how it impacts
the property in the area. You know,

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we're for anything that's going to
improve the area for sure. But

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that's just our our
>> problem

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in January.
>> Thank you. That's that was all my

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request. Okay.

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» All right. Is there anyone else here to
speak for the project?

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If there was if there were some things
that were to be said, would they would

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they be
>> Will you step to the microphone

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» and state your name and address?
>> My name is Doug Roads. Um lot kind of on

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the other side of the highway there.
What's your address?

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» If there were some things
>> state your address and state your

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address.
>> Oh, well I'm actually here with my

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mother who is there at 3500 East Street.
>> Okay. Um would it be better to state any

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things that when you sit since these
decisions will be being made at the next

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meeting would that be more appropriate
to come and say it then?

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» Well, you feel free to share whatever
you want to right now and

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» Okay. Um the concerns that I have is is
just the inconsistency with the the

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disharmony of the the two zonings. The
the R1 being single family uh budded

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right up next to the PED um you know
effectively multif family. I just I

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don't want to make this a those people
these people kind of thing, but um just

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in essence, you know, the people that
live there now or are interested in

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their property values selling in the
future, just as just as Mr. Harris said,

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the sale being held up because of this
possibility. Um the people in the area

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there do have some concerns. I've spoken
with several of them about the way that

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may affect things. Um, now I'm a
landlord and I have single family home

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and multif family as well, both. And so,
like I say, there's nothing to say that

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inherently this is worse than that. But
there, you know, if you're the homeowner

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and the resident, you're going to you're
going to take care of a property better.

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If you're a landlord and not living
there, you're you have a financial

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vested interest in taking care of the
property, but you're still not going to

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take care of it as good as you do your
house. And if you are not the owner and

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you live there, you have a very
temporary uh connection to that

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property. Um I have a great relationship
with many of my tenants. Um it's not

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about the it's not about the situation
uh that but it just in general that has

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been my experience for 20 years as I've
been doing it for 20 years. So I kind of

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have onhand experience about this. I got
a call just on the way here tonight. As

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a matter of fact, one one of the tenants
and one of my f multifamilies was

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yelling at a tenant from two doors down
and they were having a big fight about

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whatever it was going on. got a third
tenant involved and those kind of

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things, you know, they don't happen
because it's multif family, but when you

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have people close together, they can
have it. And so when people have been

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living in a single family or one for
years and years, you can see how this

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would concern the neighborhood. I mean,
I I hope you could at least see that

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possibility. Um, it's not about what it
looks like now. Probably be beautiful

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once they build it. I don't know what
their plans are. Like I say, I'd like to

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00:15:51,040 --> 00:15:56,639
see it as well. Uh but you know if it
changes hands, how will the next

212
00:15:55,360 --> 00:16:01,199
landlord take care of it? What's it
going to look like in 20 years? Those

213
00:15:58,560 --> 00:16:04,079
things will affect the neighborhood. If
the wrong landlord comes in and doesn't

214
00:16:02,800 --> 00:16:08,959
take care of the property, it will
definitely affect those homes. And so

215
00:16:06,399 --> 00:16:13,199
there is a concern there. A resident
owner will always take care of a

216
00:16:10,959 --> 00:16:17,519
property better than any any of the
either two situations. So that's kind of

217
00:16:16,000 --> 00:16:22,839
what I have to say. There may be some
others as well, but thank you very much.

218
00:16:19,519 --> 00:16:22,839
» Thanks, sir.

219
00:16:24,639 --> 00:16:33,759
Do we have anyone else that'd like to
come forward and express their opinion

220
00:16:29,360 --> 00:16:38,959
for the property, for the project,
the ANA, the developers? Anything you

221
00:16:36,880 --> 00:16:43,800
want to share that might address
anything that you've heard thus far?

222
00:16:45,759 --> 00:16:49,880
Nope. Not this. All right.

223
00:16:50,959 --> 00:17:00,800
I think concern also I think we should
table it consider both January meeting

224
00:16:58,959 --> 00:17:03,800
you know resigning then make our
decision

225
00:17:04,000 --> 00:17:10,319
» all right
motion have a motion to table it do we

226
00:17:09,280 --> 00:17:13,360
have a second
>> second

227
00:17:11,199 --> 00:17:18,959
» have a motion and second to table the
the reszoning request to the January

228
00:17:16,400 --> 00:17:21,600
meeting roll call
>> I need Pick it.

229
00:17:20,160 --> 00:17:24,240
» Yes.
>> Dr. Hickerson.

230
00:17:23,280 --> 00:17:25,679
» Chris Owens.
>> Yes.

231
00:17:24,720 --> 00:17:27,760
» Cory Mobs.
>> Yes.

232
00:17:26,160 --> 00:17:30,760
» And Chairman Neil.
>> Yes.

233
00:17:31,120 --> 00:17:38,760
» Re the resulting request is Ben Table.
>> Item number five.

234
00:17:40,320 --> 00:17:46,400
» Ordinance revision. request by planning
and zoning to approve an accessory

235
00:17:44,080 --> 00:17:50,480
dwelling ordinance to reflect rules and
regulations recently adopted by the

236
00:17:48,240 --> 00:17:56,160
state of Arkansas.
>> So

237
00:17:52,559 --> 00:18:02,240
in an attempt to solve the
affordable housing issue, the state

238
00:17:59,600 --> 00:18:09,039
senate or state legislature has passed a
law that basically says we have to allow

239
00:18:06,240 --> 00:18:12,559
it only it's only addressing accessory
dwelling units. We're not talking about

240
00:18:10,960 --> 00:18:16,640
garages. We're not talking about shops.
We're not talking about workshops. We're

241
00:18:14,480 --> 00:18:24,080
talking about what we've always called
mother-in-law's quarters or um guest

242
00:18:20,799 --> 00:18:30,320
houses. And so the new law basically
says that we have to allow at least one

243
00:18:27,440 --> 00:18:35,039
by right on every piece of property that
has a single family home. Now, we have

244
00:18:33,280 --> 00:18:39,200
always required a conditional use
permit.

245
00:18:37,440 --> 00:18:45,200
Um,
so this ordinance is simply to bring us

246
00:18:41,919 --> 00:18:50,000
into compliance with Arkansas's new law.
Um,

247
00:18:47,760 --> 00:18:55,280
and I've given you a copy of the actual
law.

248
00:18:52,000 --> 00:18:58,280
There's several things we cannot do.
Um,

249
00:18:58,720 --> 00:19:06,640
we cannot require that a member of their
family live there. We cannot require any

250
00:19:04,320 --> 00:19:10,320
kind of family relationship with the
person that lives in the main house. We

251
00:19:08,559 --> 00:19:18,559
cannot require that the accessory
dwelling unit match the house in design

252
00:19:15,440 --> 00:19:23,360
if it's an unattached. So the accessory
dwelling unit can be either external

253
00:19:21,679 --> 00:19:28,720
attached to it like an attached
apartment or it can be internal.

254
00:19:26,160 --> 00:19:33,600
» Internal.
>> That's what it says.

255
00:19:30,799 --> 00:19:40,640
So if it is external or attached, it
can't be more than 75% of the foot space

256
00:19:37,520 --> 00:19:46,120
or the space of the primary home. We
cannot require that it have its own

257
00:19:42,559 --> 00:19:46,120
utility meters.

258
00:19:46,480 --> 00:19:55,440
» We cannot regulate it as a um
rental unit. They can rent it out if

259
00:19:53,760 --> 00:19:59,600
they want to,
>> but it can be only up to a,000 square

260
00:19:57,440 --> 00:20:04,559
feet. It has to be the lesser amount. So
the This is a thousand, right? The way I

261
00:20:01,760 --> 00:20:07,679
read it because I was mathing at my
house before I came up here.

262
00:20:05,919 --> 00:20:15,360
» Probably it says that somewhere.
>> Design number three. A

263
00:20:12,000 --> 00:20:18,240
» not more than 75% or a,000 square feet.
Whichever is less.

264
00:20:16,320 --> 00:20:23,000
» Yes. Whichever is less.
>> So you got a 2,000 square foot house.

265
00:20:32,720 --> 00:20:38,159
That's 1500 square feet. So it still
would be smaller. It would still only be

266
00:20:36,640 --> 00:20:43,320
a thousand.
>> We cannot require that it has additional

267
00:20:40,320 --> 00:20:43,320
parking.

268
00:20:44,880 --> 00:20:51,919
We cannot require that the single family
dwelling or the accessory dwelling unit

269
00:20:48,960 --> 00:20:56,159
is occupied by the owner. So, somebody
could have a single family home and

270
00:20:53,440 --> 00:20:59,280
they're renting it out and that's and
they can still put an accessory dwelling

271
00:20:58,000 --> 00:21:03,760
unit in their backyard
>> and rent that one out too.

272
00:21:00,559 --> 00:21:05,840
» And rent that one out too.
>> Um,

273
00:21:04,240 --> 00:21:08,559
» what's the rule for parking on the
street?

274
00:21:07,120 --> 00:21:13,159
» Do we have an ordinance for that? They
are not required to have additional

275
00:21:10,159 --> 00:21:13,159
parking.

276
00:21:18,880 --> 00:21:23,559
» What about a single family home with an
accessory?

277
00:21:26,559 --> 00:21:35,120
» Make no mistake, we're not happy about
this law. And another another hiccup

278
00:21:32,720 --> 00:21:41,520
that we've run into with this law is
this applies to historic districts, too.

279
00:21:39,280 --> 00:21:46,559
So where we have typically been able to
regulate

280
00:21:44,080 --> 00:21:50,120
structures in historic districts, we now
cannot do that.

281
00:21:55,039 --> 00:22:04,880
» Okay. What's an A1 zone?
>> A1 is the mixed use zone. It's the only

282
00:22:01,280 --> 00:22:09,840
zone. So several years ago, we realized
that we had people with large pieces of

283
00:22:06,960 --> 00:22:14,720
land that wanted to like build an
additional home on it or build a shop on

284
00:22:12,320 --> 00:22:19,360
it. And there was really no reason that
they couldn't except it was our

285
00:22:16,159 --> 00:22:23,120
ordinance. So we created the A1 zone.
It's the only or zone where you can

286
00:22:21,440 --> 00:22:24,640
build a shop before you build your
primary home.

287
00:22:23,760 --> 00:22:29,280
» That's right. Okay.
>> Yeah. And you can have two houses on

288
00:22:26,640 --> 00:22:31,919
there.
So the

289
00:22:30,960 --> 00:22:37,919
» now we have
>> so that's excluding A1 zone. So that's

290
00:22:34,400 --> 00:22:42,720
the only caveat is that you can do this.
>> Yeah. But if you build an accessory

291
00:22:40,559 --> 00:22:46,799
dwelling unit in A1 and you have no
primary house there then basically your

292
00:22:44,960 --> 00:22:50,000
accessory dwelling unit is your primary
house.

293
00:22:47,919 --> 00:22:52,640
» Now we have confirmed that you cannot
use an RV or a single

294
00:22:52,159 --> 00:22:56,000
» trailer
>> single single wide trailer as an

295
00:22:54,480 --> 00:23:00,640
accessory dwelling unit. We have
confirmed that. We have put it in here

296
00:22:58,640 --> 00:23:06,080
that it cannot be in the side yard or
the front yard. So, it has to be behind

297
00:23:03,120 --> 00:23:08,000
the rear build line, which is how far
back?

298
00:23:06,880 --> 00:23:11,945
» Depends on the zone.
>> Okay.

299
00:23:09,925 --> 00:23:11,945
[snorts]

300
00:23:12,320 --> 00:23:18,799
And I mean, I'm happy if y'all want to
read over this and table it and read

301
00:23:17,280 --> 00:23:23,280
over it if you haven't had a chance to
read over it. We're supposed to have it

302
00:23:21,200 --> 00:23:26,880
enacted by January the 1st. We're not
going to have that done anyway because

303
00:23:25,039 --> 00:23:32,400
it won't go to the board until the first
meeting in January. So, if you want to

304
00:23:29,679 --> 00:23:37,280
table it till you have chance to look
over it, that's up to you.

305
00:23:35,471 --> 00:23:44,200
[snorts] I mean, it's not it's not
something anyone's overly happy about.

306
00:23:40,080 --> 00:23:44,200
But it is the state law.

307
00:23:45,039 --> 00:23:49,919
» No, there's not anything we can do about
it.

308
00:23:47,679 --> 00:23:52,720
» What does it mean by the covenants? The
ordinance does not prohibit restrictive

309
00:23:52,000 --> 00:23:57,039
covenants.
>> So if you have a homeowners association

310
00:23:55,200 --> 00:24:00,799
and they have a covenant that says you
cannot have

311
00:23:58,320 --> 00:24:03,200
» guest houses, this doesn't preclude
that.

312
00:24:02,799 --> 00:24:09,679
» Okay?
>> So you can if if two private parties

313
00:24:07,200 --> 00:24:13,520
» if your homeowners association and the
homeowner if they have a covenant that

314
00:24:11,919 --> 00:24:18,320
says you cannot have an accessory
dwelling unit in your backyard, then

315
00:24:16,000 --> 00:24:23,200
then you can't. This doesn't preclude a
covenant. HOA stand.

316
00:24:19,760 --> 00:24:27,440
» We can't require a covenant. We can't we
can't say you have to have a covenant.

317
00:24:25,360 --> 00:24:32,000
But if the homeowners association on
their own goes in with their homeowners

318
00:24:30,240 --> 00:24:35,400
and they agree to that, this doesn't
preclude that.

319
00:24:40,000 --> 00:24:52,120
» This law been challenged by anybody. I
have not seen that and I read all my

320
00:24:47,760 --> 00:24:52,120
municipal league notices.

321
00:24:52,240 --> 00:24:57,520
» This came in in effect for the last
legislative session.

322
00:24:55,600 --> 00:25:01,987
» Yes,
>> several challenged. Yeah,

323
00:24:59,967 --> 00:25:01,987
[clears throat]

324
00:25:02,640 --> 00:25:09,200
there are there are several that I'm
working on that we need to come into

325
00:25:07,039 --> 00:25:13,120
compliance with, but I'm trying not to
bombard everybody with 600 ordinance

326
00:25:12,000 --> 00:25:17,360
changes at once.
>> But at the present time, we have to go

327
00:25:16,559 --> 00:25:22,799
by the state law.
>> We have to go by the state law. I mean,

328
00:25:20,000 --> 00:25:26,960
the rule is if ours is in conflict with
the state law, we have to go by the

329
00:25:24,400 --> 00:25:31,520
state law.
But in the ordinance it says we have

330
00:25:28,559 --> 00:25:34,480
till January the 1.
Um somewhere in here

331
00:25:32,960 --> 00:25:37,480
» it looks like they introduced it in
February.

332
00:25:53,760 --> 00:26:03,200
» That's the Anyone else? just have a
question. If we say,

333
00:25:59,760 --> 00:26:06,080
» you know, go ahead and act on it. We
don't I don't see a choice if it's a

334
00:26:05,039 --> 00:26:09,600
state law.
>> We don't have a choice.

335
00:26:08,240 --> 00:26:13,600
» But I want y'all to feel comfortable
that you've read it. I want y'all to

336
00:26:12,320 --> 00:26:17,679
feel comfortable that you've read both
of them. And if you haven't read it, I

337
00:26:16,000 --> 00:26:21,039
mean, like I said, it's not going to be
enacted by January the 1st anyway

338
00:26:19,360 --> 00:26:27,360
because it's not going to The soonest I
can get it to the board is the 5th. And

339
00:26:22,960 --> 00:26:27,360
it will probably actually be the

340
00:26:27,919 --> 00:26:32,960
19th
because I think they're slammed on the

341
00:26:31,440 --> 00:26:34,799
fifth already.
>> This was off [clears throat] northern

342
00:26:34,159 --> 00:26:40,720
Arkansas.
>> Now, you do we do know that if they

343
00:26:38,080 --> 00:26:44,559
build something, it does still have it
has to meet all the codes. So, they

344
00:26:43,039 --> 00:26:47,279
can't just throw something back there.
They can't throw small building back

345
00:26:46,400 --> 00:26:51,120
there or something like that. It's got
to meet all the codes.

346
00:26:49,039 --> 00:26:55,039
» So, if they build if they build an
accessory dwelling unit, it still has to

347
00:26:53,120 --> 00:26:58,080
meet all of our current codes. And it
looked like it had to say like it had to

348
00:26:56,640 --> 00:27:02,880
have cooking, it had to have restroom,
it had to have like all the things. It

349
00:27:00,240 --> 00:27:05,360
had to be completely independent.
>> But the

350
00:27:03,679 --> 00:27:08,480
» but they're not required to have their
own utility meters,

351
00:27:07,039 --> 00:27:11,919
» right? So you would you could
potentially share utilities with the

352
00:27:10,480 --> 00:27:15,360
main homeowner's house.
>> Yes.

353
00:27:13,520 --> 00:27:18,559
» But that's in the state law, right?
That's specifically called out the state

354
00:27:17,120 --> 00:27:23,200
law.
>> My thoughts are I don't know how to word

355
00:27:20,799 --> 00:27:26,080
it, but I think we need to adopt
whatever it is.

356
00:27:28,080 --> 00:27:34,720
goes into effect.
It'll be honestly with these things it's

357
00:27:33,039 --> 00:27:39,520
going to be a work in progress as
everybody works out the kinks and

358
00:27:36,320 --> 00:27:46,159
figures out exactly what I mean Roger
called one of our state representatives

359
00:27:41,279 --> 00:27:51,039
and he provided no input into
so um you know it's gonna it's going to

360
00:27:49,360 --> 00:27:58,120
be a work in progress as everybody
figures out what they really intended to

361
00:27:52,799 --> 00:27:58,120
do but we do need to enact it

362
00:27:58,480 --> 00:28:05,360
» yeah I was googling and reading all the
things at the house and mapping and unit

363
00:28:04,240 --> 00:28:12,000
motion.
>> Have a chair. Chair has a motion to

364
00:28:08,640 --> 00:28:15,200
approve the planning and zoning
accessory dwelling ordinance. Do I have

365
00:28:14,080 --> 00:28:19,360
a second?
>> Have a second. Roll call.

366
00:28:18,000 --> 00:28:20,720
» Anita Picket.
>> Yes.

367
00:28:19,840 --> 00:28:22,159
» Dr. Hickerson,
>> yes.

368
00:28:21,200 --> 00:28:23,600
» Chris Owens,
>> yes.

369
00:28:22,559 --> 00:28:25,120
» Cory Mobs,
>> yes.

370
00:28:24,159 --> 00:28:30,720
» Chairman Neil,
>> yes.

371
00:28:26,880 --> 00:28:30,720
» Ordinance revision passes.

372
00:28:32,640 --> 00:28:38,799
Item [clears throat] number six,
entertainment district revisions.

373
00:28:35,919 --> 00:28:43,440
Request by city manager and Tex County,
Arkansas Police Department to enact

374
00:28:40,720 --> 00:28:51,080
revisions to the entertainment district
for the sake of public safety or two.

375
00:28:47,039 --> 00:28:51,080
» Okay. [clears throat] So,

376
00:28:51,120 --> 00:28:57,840
we um had a workshop, a joint workshop
with the board of directors on November

377
00:28:55,760 --> 00:29:03,279
the 12th. I think most of y'all were
there. Um, it was heavily attended by

378
00:29:00,640 --> 00:29:07,679
the downtown business owners.
And while there was much discussion back

379
00:29:05,279 --> 00:29:13,279
and forth, in the end, we did agree on
three things that we felt needed to be

380
00:29:10,880 --> 00:29:18,640
changed in the entertainment um,
district ordinance. Um, and those are

381
00:29:16,240 --> 00:29:22,960
the only three things that I have added
to this ordinance. Actually, I've added

382
00:29:20,320 --> 00:29:30,080
four. The other one is administrative.
But um the three things were banning the

383
00:29:27,279 --> 00:29:35,200
consumption of alcohol purchased outside
the entertainment district because

384
00:29:33,200 --> 00:29:40,320
beforehand we had people bringing in
their own alcohol. Businesses were

385
00:29:36,960 --> 00:29:47,360
losing money. Um so banning the
consumption of alcohol purchased outside

386
00:29:43,360 --> 00:29:50,880
the entertainment district. So, if
Bobby has been fishing and he has a

387
00:29:49,360 --> 00:29:56,080
cooler full of beer in the back of his
truck and he's not drinking it, that's

388
00:29:53,200 --> 00:30:02,159
fine. But you can't bring in alcohol
from outside and drink it. The second

389
00:29:59,279 --> 00:30:06,880
thing was to remove the block containing
the Rock liquor store. remove that block

390
00:30:05,120 --> 00:30:11,600
from the entertainment district because
it was in the entertainment district

391
00:30:08,640 --> 00:30:14,960
which meant you could buy alcohol there
and still be buying it in the

392
00:30:13,039 --> 00:30:21,679
entertainment district and walk out the
door and drink it. So to remove that

393
00:30:17,840 --> 00:30:27,200
block from the entertainment district
>> the third thing was to restrict the

394
00:30:24,000 --> 00:30:33,039
hours for open drinking from 11:00 a.m.
to 12:00 a.m. 11:00 a.m. to midnight. It

395
00:30:30,640 --> 00:30:36,960
was previously two o'clock in the
morning.

396
00:30:34,880 --> 00:30:41,360
And the only other thing we added um
which Boots brought up is we're supposed

397
00:30:38,880 --> 00:30:46,799
to review the entertainment district
every year as needed, but no one had the

398
00:30:44,159 --> 00:30:51,600
responsibility of doing that. So we have
put that responsibility on my position

399
00:30:49,360 --> 00:30:55,440
to make sure that it gets reviewed every
six months.

400
00:30:53,279 --> 00:31:01,360
» Every six months instead of every year.
>> Well, every year. Right now we're

401
00:30:57,200 --> 00:31:06,240
reviewing it in January again. So um
those are the only three changes that I

402
00:31:04,480 --> 00:31:10,720
have put in there. Those are the three
that we agreed on at that workshop.

403
00:31:09,279 --> 00:31:16,559
Okay.
>> Um

404
00:31:13,039 --> 00:31:22,679
this is in my opinion a starting place.
Um we will review that again in January

405
00:31:18,880 --> 00:31:22,679
and see where we are.

406
00:31:26,000 --> 00:31:30,960
» Okay. Any other questions?

407
00:31:32,559 --> 00:31:38,120
Yes. Do we have anybody that wants to
make a comment? Come forward.

408
00:31:39,919 --> 00:31:47,919
» Oh, yeah.
>> Colin 6211 Tennessee Road. Um, we

409
00:31:44,640 --> 00:31:53,679
are a property owner. Um, within that
block of the Rock House, I think is

410
00:31:51,679 --> 00:32:00,320
where that is. Uh, we have we own a
corner lot across from Commercial Bank.

411
00:31:56,799 --> 00:32:05,120
Um, We we have that currently for sale
right now. Um if we take that out of the

412
00:32:02,640 --> 00:32:10,799
entertainment district, that may hurt
the sale possibly of that. So I don't

413
00:32:08,080 --> 00:32:18,200
know if there's a way to restrict that
to just that lo that lot or if there's a

414
00:32:13,919 --> 00:32:18,200
different way to divide that up.

415
00:32:19,360 --> 00:32:26,120
» And we have no internet
>> and we have no internet to look at the

416
00:32:22,720 --> 00:32:26,120
flat. No.

417
00:32:26,880 --> 00:32:31,679
» Do you have somebody trying to buy it
right now that wants to add something?

418
00:32:30,240 --> 00:32:36,320
» We're in We're in negotiations, but I
don't know how how much further that's

419
00:32:33,039 --> 00:32:40,399
going to go um with their um with their
plans. They would like to be able to

420
00:32:38,799 --> 00:32:42,640
utilize that. Um
>> they want to do entertainment district

421
00:32:41,840 --> 00:32:49,399
things.
>> Correct. So, that's just something to

422
00:32:46,399 --> 00:32:49,399
consider.

423
00:32:52,799 --> 00:33:02,200
Well, our problem I mean our problem
with that block is liquor house liquor

424
00:32:57,519 --> 00:33:02,200
is in that block. And

425
00:33:02,399 --> 00:33:07,880
» even if you ban
>> even if you ban

426
00:33:08,640 --> 00:33:13,880
consumption of alcohol outside

427
00:33:15,519 --> 00:33:19,240
you can buy it there.

428
00:33:20,399 --> 00:33:25,200
not solving the problem. It's just a
matter of where you're buying the

429
00:33:23,200 --> 00:33:29,919
liquor.
>> Did they see an uptick? I don't remember

430
00:33:27,039 --> 00:33:31,760
them talking at that workshop.
>> Oh, okay. That's why I didn't hear

431
00:33:31,200 --> 00:33:36,480
something.
>> Okay.

432
00:33:33,200 --> 00:33:42,080
» The problem is being able to buy at
liquor and walk out the door and drink

433
00:33:38,080 --> 00:33:44,880
it rather than buying it.
>> Okay.

434
00:33:43,039 --> 00:33:48,080
» And those businesses are saying that it
is impacting

435
00:33:45,600 --> 00:33:53,159
» it is impacting people in their own.
>> Okay. because they're buying it or

436
00:33:49,760 --> 00:33:53,159
bringing it in.

437
00:34:07,760 --> 00:34:12,560
» It is.
>> It's on the corner of Wood Street and

438
00:34:10,560 --> 00:34:16,000
East Fourth Street.
>> East Fourth.

439
00:34:13,520 --> 00:34:20,800
» Okay. Velvet pulled it up on her phone
and that is a platted subdivision. So,

440
00:34:18,720 --> 00:34:23,520
it's possible we can just take out the
lot that Rock

441
00:34:23,200 --> 00:34:29,200
» Okay,
>> we can take it out by legal description.

442
00:34:25,599 --> 00:34:32,720
Maybe a fraction of a lot, but
>> it may be a fraction of a lot. I know

443
00:34:30,960 --> 00:34:37,440
the one that he's talking about is like
the south 1.9 ft of a lot and some other

444
00:34:35,119 --> 00:34:41,720
lots, but it should be fairly easy to
revise the ordinance to

445
00:34:41,919 --> 00:34:52,480
account for just the rock house liquor.
>> Yeah,

446
00:34:48,240 --> 00:34:55,800
if you want to do that or or you can
pass it,

447
00:34:56,320 --> 00:35:00,800
» we can verbally say that.
>> Yeah. Okay.

448
00:34:59,119 --> 00:35:03,760
» That's more restrictive than what
>> then less restrictive. We can do more.

449
00:35:02,480 --> 00:35:05,839
We can't do less.
>> Okay.

450
00:35:05,440 --> 00:35:10,640
» Thank you.
>> That be that'd be satisfactory.

451
00:35:07,920 --> 00:35:15,839
» Yes.
>> Chair would entertain a motion.

452
00:35:13,119 --> 00:35:20,720
» I move we approve the revisions to the
entertainment district for the sake of

453
00:35:17,599 --> 00:35:26,240
public safety editing
and only removing Rockhouse liquor from

454
00:35:23,680 --> 00:35:29,720
the entertainment district.
We have a second

455
00:35:30,720 --> 00:35:35,359
» roll call.
>> Anita Picket.

456
00:35:34,079 --> 00:35:38,800
» Yes.
>> Uh Dr. Hickerson,

457
00:35:37,760 --> 00:35:40,079
» Chris Owens,
>> yes.

458
00:35:39,200 --> 00:35:41,920
» Cory Mobs,
>> yes.

459
00:35:40,560 --> 00:35:50,320
» And Chairman Ne.
>> Yes. The entertainment uh district

460
00:35:45,599 --> 00:35:57,119
revisions with the edit is approved.
>> All right.

461
00:35:53,040 --> 00:35:57,119
Last comments. Anything?

462
00:35:57,280 --> 00:36:01,320
You have children or grandchildren?

463
00:36:01,760 --> 00:36:09,520
» Children
parks department's breakfast with Santa

464
00:36:06,880 --> 00:36:12,520
from 9 to noon.
Santa

465
00:36:24,960 --> 00:36:28,040
All right.

466
00:36:28,079 --> 00:36:34,240
» All right. Chair would entertain a
motion to adjurnn.

467
00:36:31,119 --> 00:36:38,920
» I move we adjourn.
>> All right. All in favor?

468
00:36:35,920 --> 00:36:38,920
» I