September 12 2023 City Council Agenda REVISED

Elected Officials
City of Conway, Arkansas Mayor Bart Castleberry

City Clerk Michael O. Garrett
CITY COUNCIL City Attorney Charles Finkenbinder
Agenda • September 12th, 2023 Ward 1 Position 1 – Andy Hawkins

Ward 1 Position 2 – David Grimes
www.conwayarkansas.gov Ward 2 Position 1 – Anne Tucker
Ward 2 Position 2 – Shelley Mehl
Ward 3 Position 1 – Mark Ledbetter
Ward 3 Position 2 – Cindy Webb
Ward 4 Position 1 – Theodore Jones Jr.
Ward 4 Position 2 – Shelia Isby
_________________________________________________________________________________________________________
5:30pm: No Committee Meeting
6:00pm: City Council Meeting • City Council Chambers • 1111 Main Street
Call to Order: Bart Castleberry, Mayor
Roll Call: Michael O. Garrett, Clerk/Treasurer
Minutes Approval: August 8, 2023
A. Economic Development Committee (Conway Area Chamber of Commerce, Conway Development Corporation,
Conway Downtown Partnership, & Conway Corporation)
1. Resolution expressing the willingness of the City of Conway, in partnership with Conway Corporation, to apply
for Economic Development Administration funds for offsite water improvements to facilitate the development
of the South Conway Industrial Site.
2. Resolution expressing the intent of the City of Conway for the issuance of bonds to assist in financing the
acquisition, construction, and equipping of an industrial facility for Westrock Beverage Company, LLC.
3. Resolution expressing the intent of the City of Conway for the issuance of bonds to assist in financing and
refinancing of the acquisitions, renovation, rehabilitation, and equipping of an industrial facility for Westrock
Beverage Company, LLC.
B. Community Development Committee (Airport, Community Development, Code Enforcement, Permits, Inspections,
& Transportation, Planning & Development)
1. Consideration to approve waiving all three readings for the ordinances on the Sept. 12th, 2023, City Council agenda.
2. Resolution requesting the Faulkner County Tax Collector to place a lien on various properties for expenses incurred
by the City.
3. Ordinance to approve the private club permit for Impact Golf Inc. located at 5150 John W. Allison Road, Suite B.
4. Ordinance appropriating insurance proceeds received from Progressive Insurance for the Conway Airport.
5. Ordinance appropriating funds from the Arkansas Community Foundation to the City of Conway.
6. Ordinance amending the recommendations for the operations of boards and commissions.
7. Resolution authorizing the Mayor to enter into an impact fee agreement for Centerstone Lot 8 and Moix Meadows
Lot 8.
8. Resolution authorizing the Mayor to enter into an impact fee agreement for Lands End Subdivision Phase II.
9. Consideration to approve a conditional use permit for Braum’s location with a drive-through for property located
at 2505 & 2515 Prince Street and 963 Farris Road.
10. Consideration to approve a conditional use permit for Conway Ministry Center to allow for a shelter for the
homeless on property located at 134 Harkrider Street.
11. Consideration to approve a major modification to the Sherman Heights PUD to allow a childcare facility use at 575
Club Lane.
12. Ordinance to rezone property located at 931 Faulkner Street from O-3 to C-1.
13. Ordinance to rezone property located at 203 Second Street from R-2 to MF-3.
14. Ordinance to rezone property located at 523 Polk Street from R-2A to R-2.
16. Ordinance to rezone property located at 2730 Allyson Lane from O-2 to O-1.
17. Ordinance to rezone property located at 450 Corporate Drive from I-3 and PUD to S-1.
C. Public Safety Committee (Animal Welfare, Communication Emergency Operations Center, Department of
Information Systems & Technology, District Court, Fire, Office of the City Attorney, & Police)
1. Ordinance appropriating donation funds received from Walmart to the Conway Fire Department.
2. Ordinance appropriating insurance proceeds for the Conway Fire Department.
D. New Business
1. Consideration to approve the retirement benefits payments as related to a retired employee.
Adjournment
A-1
City of Conway, Arkansas

Resolution No. R-23-____
A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF CONWAY TO UTILIZE ECONOMIC

DEVELOPMENT ADMINISTRATION PUBLIC WORKS/ECONOMIC ADJUSTMENT ASSISTANCE FUNDS FOR
OFF-SITE WATER IMPROVEMENTS TO FACILITATE DEVELOPMENT OF CONWAY INDUSTRIAL SITE
Whereas, the Economic Development Administration provides funding for public works in
communities that have experienced economic distress; and
Whereas, the City of Conway has experienced a loss of over 625 manufacturing jobs since 2019
with the closure of Kimberly-Clark and other facilities; and
Whereas, Westrock Beverage Company, LLC will invest or cause to be invested $370 million in
construction of manufacturing and distribution facilities, eventually providing 700 jobs that will more than
replace recently lost manufacturing jobs; and
Whereas, other manufacturing and industrial concerns have expressed interest in development
facilities in Conway; and
Whereas, substantial expensive upgrades of electricity, water and sewer will be required to
accommodate operations of Westrock and other anticipated manufacturing and industrial concerns; and
Whereas, Conway Corp operates utilities for the City of Conway and will provide match for the
grant; and
Whereas, Economic Development Administration funding will enable the full investment to be
made without overburdening Conway Corp utility customers with the cost of major upgrades to the system.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS
THAT:
Section 1. The City of Conway will partner with Conway Corp in making application for Economic
Development Administration Public Works/Economic Adjustment Assistance funds for the project.
Section 2. The City Council does hereby authorize the Mayor to execute all agreements and
contracts regarding this project.
Section 3. All ordinances in conflict herewith are repealed to the extent of the conflict.
PASSED this 12th day of September 2023.

Approved:
_____________________________
Mayor Bart Castleberry
Attest:
__________________________
Michael O. Garrett
City Clerk/Treasurer
A-2

A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF CONWAY,

ARKANSAS, REGARDING THE ISSUANCE OF BONDS FOR THE PURPOSE OF ASSISTING IN
THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN
INDUSTRIAL FACILITY TO BE LOCATED WITHIN THE CITY
WHEREAS, the City of Conway, Arkansas (the “City”) is authorized under the provisions of
Amendment 65 to the Constitution of the State of Arkansas (“Amendment 65”) and the Municipalities
and Counties Industrial Development Revenue Bond Law, Arkansas Code Annotated §§14-164-201 et
seq. (the “Act”), to own, acquire, construct, reconstruct, improve, equip and lease facilities to secure
and develop industry and to assist in the financing thereof by the issuance of bonds payable from the
revenues derived from such facilities; and
WHEREAS, as defined in the Act, “industry” includes manufacturing facilities, warehouses,

distribution facilities, repair and maintenance facilities, and corporate and management offices for
industry; and
WHEREAS, Tempus Conway DC, LLC, an Arkansas limited liability company (the “Company”), has
evidenced its interest in acquiring, constructing and equipping a distribution facility (the “Project”) to be
located on approximately 30.85 acres at 1430 William J. Clark Drive within the corporate boundaries of
the City if permanent financing for the Project can be provided through the issuance of revenue bonds
under the authority of Amendment 65 and the Act; and
WHEREAS, the Company’s leasehold interest in the Project facilities would be subleased by the
Company to Westrock Beverage Company, LLC, an Arkansas limited liability corporation engaged in the
production and sale of coffee, tea, liquid extracts and allied products (the “Sublessee”); and
WHEREAS, in order to secure and develop industry within the City in accordance with the
provisions of the Act, the City desires to assist the Company and the Sublessee in the financing of the
Project through the issuance of the City’s Not to Exceed $75,000,000 Taxable Industrial Development
Revenue Bonds (Tempus Conway DC, LLC Project), Series 2023 (the “Series 2023 Bonds”);
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CONWAY,

ARKANSAS, THAT:
Section 1. It is the City’s present intention to assist the Company in the financing of the
proposed Project through the issuance of industrial development revenue bonds under the authority of
Amendment 65 and the Act. It is presently estimated by the Company that bonds in the aggregate
principal amount of not to exceed $75,000,000 would be required for this purpose. However, the City’s
intent is to issue the bonds from time to time, pursuant to Amendment 65 and the terms of the Act, in
4867-5621-9507.2
such amount as shall be requested by the Company for accomplishing all or any part of the Project,
whether or not such amount is more or less than the above estimate and whether or not the facilities
and improvements finally acquired, constructed and equipped are identical to or different from the
facilities presently expected to constitute the Project.
Section 2. In conjunction with any issuance of bonds to assist in the financing of the
Project, the City states its intention to enter into an agreement with the Company providing for annual
payments by the Company in lieu of ad valorem taxes in an amount equal to thirty-five percent (35%) of
the aggregate amount of ad valorem taxes that would otherwise be due with respect to the Project
facilities but for the City’s issuance of the bonds. It is the City’s present intention that said bonds and
the corresponding agreement for payments in lieu of ad valorem taxes would have a term of
approximately thirty (30) years. Any payment made in lieu of ad valorem taxes would be distributed to
the political subdivisions which would have received ad valorem tax payments with respect to the
Project facilities in the proportion that the millage levied by each affected political subdivision bears to
the total millage levied by all affected political subdivisions.
Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the
extent of such conflict.
Section 4. This Resolution shall be in full force and effect from and after its adoption.
ADOPTED this 12th day of September, 2023.
By:
ATTEST:
By:
Michael O. Garrett
(SEAL)
4867-5621-9507.2
A-3

A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS

REGARDING THE ISSUANCE OF BONDS FOR THE PURPOSE OF ASSISTING IN THE
FINANCING AND REFINANCING OF THE ACQUISITION, RENOVATION, REHABILITATION
AND EQUIPPING OF AN INDUSTRIAL FACILITY LOCATED WITHIN THE CITY
WHEREAS, the City of Conway, Arkansas (the “City”) is authorized under the provisions
of Amendment 65 to the Constitution of the State of Arkansas (“Amendment 65”) and the
Municipalities and Counties Industrial Development Revenue Bond Law, Arkansas Code
Annotated §§14-164-201 et seq. (the “Act”), to own, acquire, construct, reconstruct, improve,
equip and lease facilities to secure and develop industry and to assist in the financing thereof by
the issuance of bonds payable from the revenues derived from such facilities; and
WHEREAS, as defined in the Act, “industry” includes manufacturing facilities,

warehouses, distribution facilities, repair and maintenance facilities, and corporate and
management offices for industry; and
WHEREAS, Westrock Beverage Company, LLC, an Arkansas limited liability corporation

engaged in the production and sale of coffee, tea, liquid extracts, and allied products (the
“Company”), has acquired and is in the process of renovating, rehabilitating, and equipping, a
production facility (the “Project”) located on approximately 44 acres at 480 Exchange Avenue
within the corporate boundaries of the City;
WHEREAS, in accordance with the Act, by the adoption of Ordinance No. O-21-125 on
December 27, 2021, the City Council has previously authorized, and there has previously been
issued the City’s Not to Exceed $160,000,000 Taxable Industrial Development Revenue Bond
(Westrock Beverage Company, LLC Project), Series 2021 (the “Series 2021 Bond”), for the
purpose of financing acquisition, renovation, rehabilitation and equipment costs associated with
the Project; and
WHEREAS, because the scope of the Project has expanded beyond the Company’s
expectations at the time of issuance of the Series 2021 Bond, the Company has requested the
City’s assistance in financing and refinancing the total costs of the Project through the issuance
of a revenue bond under the authority of Amendment 65 and the Act; and
WHEREAS, in order to secure and develop industry within the City in accordance with
the provisions of the Act, the City desires to assist the Company in the financing of the total
costs of the Project and the refunding of the Series 2021 Bond through the issuance of the City’s
Not to Exceed $300,000,000 Taxable Industrial Development Revenue Improvement and
Refunding Bond (Westrock Beverage Company, LLC Project), Series 2023 (the “Series 2023
Bond”);
4856-9158-6418.2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CONWAY,
ARKANSAS, THAT:
Section 1. It is the City’s present intention to assist the Company in the financing
and refinancing of the total costs of the Project through the issuance of industrial development
revenue bonds under the authority of Amendment 65 and the Act. It is presently estimated by
the Company that bonds in the aggregate principal amount of not to exceed $300,000,000
would be required for this purpose. However, the City’s intent is to issue the bonds from time
to time, pursuant to Amendment 65 and the terms of the Act, in such amount as shall be
requested by the Company for refunding the Series 2021 Bonds and accomplishing all or any
part of the Project, whether or not such amount is more or less than the above estimate and
whether or not the facilities and improvements finally acquired, constructed and equipped are
identical to or different from the facilities presently expected to constitute the Project.
Section 2. In conjunction with any issuance of bonds to assist in the financing and
refinancing of the Project, the City states its intention to enter into an agreement with the
Company providing for annual payments by the Company in lieu of ad valorem taxes in an
amount equal to thirty-five percent (35%) of the aggregate amount of ad valorem taxes that
would otherwise be due with respect to the Project facilities but for the City’s issuance of the
bonds. It is the City’s present intention that said bonds and the corresponding agreement for
payments in lieu of ad valorem taxes would have a term of approximately thirty (30) years. Any
payment made in lieu of ad valorem taxes would be distributed to the political subdivisions
which would have received ad valorem tax payments with respect to the Project facilities in the
proportion that the millage levied by each affected political subdivision bears to the total
millage levied by all affected political subdivisions.
Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall be in full force and effect from and after its
adoption.
ADOPTED this 12th day of September 2023.
By:
ATTEST:
By:
Michael O. Garrett
(SEAL)
4856-9158-6418.2
B-1

Office of the Mayor
Memo:
To: Mayor Bart Castleberry
CC: City Council Members
From: Felicia Rogers

Date: September 7th, 2023
Re: September 12th, 2023 City Council Agenda
The following ordinances are included on the September 12th, 2023 agenda for consideration of waiving the
three readings of each ordinance:
B. Community Development Committee (Airport, Community Development, Code Enforcement, Permits,

Inspections, & Transportation, Planning & Development)
3. Ordinance to approve the permit club permit for Impact Golf.
4. Ordinance appropriating insurance proceeds received from Progressive Insurance for the Conway
Airport.
5. Ordinance appropriating funds from the Arkansas Community Foundation to the City of Conway.
6. Ordinance amending the recommendations for the operations of boards and commissions.
12. Ordinance to rezone property located at 931 Faulkner Street from O-3 to C-1.
13. Ordinance to rezone property located at 203 Second Street from R-2 to MF-3.
14 Ordinance to rezone property located at 523 Polk Street from R-2A to R-2.
16. Ordinance to rezone property located at 2730 Allyson Lane from O-2 to O-1.
17. Ordinance to rezone property located at 450 Corporate Drive from I-3 and PUD to S-1.
C. Public Safety Committee (Animal Welfare, Communication Emergency Operations Center,

Department of Information Systems & Technology, District Court, Fire, Office of the City Attorney, &
Police)
1. Ordinance appropriating donation funds received from Walmart to the Conway Fire Department.
2. Ordinance appropriating insurance proceeds for the Conway Fire Department.

B-2
TO: Mayor Bart Castleberry
CC: City Council Members
FROM: Lily Couch
DATE: September 12th, 2023
SUBJECT: Certified Liens – Code Enforcement
The following resolutions are included for a request to the Faulkner County Tax collector to place a certified
lien against real property as a result of incurred expenses by the City.
The properties & amount (plus a ten percent collection penalty) are as follows:
1. 26 Brierwood Cir $147.89
2. 602 5th St $147.89
3. 2620 Donaghey Ave. $218.06
Please advise if you have any questions.
Thank you for your consideration.

Resolution No. R-23-__
A RESOLUTION REQUESTING THE FAULKNER COUNTY TAX COLLECTOR PLACE A CERTIFIED LIEN AGAINST
REAL PROPERTY AS A RESULT OF INCURRED EXPENSES BY THE CITY OF CONWAY, AND FOR OTHER
PURPOSES.
Whereas, in accordance with Ark. Code Ann. § 14-54-901, the City of Conway has corrected
conditions existing on 26 Brierwood Circle, within the City of Conway and is entitled to compensation
pursuant to Ark. Code § 14-54-904: and
Whereas, State law also provides for a lien against the subject property, with the amount of lien
to be determined by the City Council at a hearing held after the notice to the owner thereof by certified
mail with said amount $147.89 ($107.17 + Penalty $10.72 + filing fee $30.00) to be thereafter certified to
the Faulkner County Tax Collector; and
Whereas, a hearing for the purpose of determine such lien has been set for September 12th,
2023 in order to allow for service of the attached notice of same upon the listed property owners, by
certified or publication as is necessary.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Conway, Arkansas that:
Section 1: That after said public hearing the amount listed above is hereby certified and is to be
forwarded to the Faulkner County Tax Collector and Assessor by the City of Conway.
Section 2: That this Resolution shall be in full force and effect from and after its passage and
approval.
Approved:
__________________________
Attest:
_______________________
Michael O. Garrett
City of Conway
Code Enforcement & Phone 501-450-6191
Public Works Fax 501-450-6144
822 Locust Ave
Conway, Arkansas 72034
www.conwayarkansas.gov
Elizabeth M. Jackson
3820 Legacy Village Dr.
Benton AR 72015
Parcel # 710-09038-000
RE: Nuisance Abatement at 26 Brierwood Circle., Conway AR

Cost of Clean-Up, Amount Due: $107.17
To whom it may concern:
Because you failed or refused to remove, abate, or eliminate certain conditions on the aforementioned
real property in the City of Conway, after having been given seven (7) days notice in writing to do so, the City of
Conway was forced to undertake the cleanup of this property to bring it within compliance of the Conway
Municipal Code.
The City of Conway is requesting payment for all costs expended in correcting said condition. If after thirty
(30) days from the receipt of this letter notifying you of the cost to correct said condition, such payment has not
been remitted to the City, the City has the authority to file a lien against real estate property for the cost expended
after City Council approval.
At its September 12th, 2023 Meeting, 6:30 p.m. located at 1111 Main Street, the City Council will conduct
a public hearing on three items:
1. Consideration of the cost of the clean-up of your real property.

2. Consideration of placing a lien on your real property for this amount.
3. Consideration of certifying this amount determined at the hearing, plus a ten percent (10%)
penalty for collection & filing fees, to the Tax Collector of Faulkner County to be placed on the tax
books as delinquent taxes and collected accordingly.
None of these actions will be necessary if full payment is received before the meeting date. Please make
check payable to the City of Conway and mail to 822 Locust Ave Conway Arkansas 72034 with the attention to
Lily Couch. If you have any questions, please feel free to call me at 501-450-6191.
Respectfully,
City of Conway
Code Enforcement
INVOICE
City of Conway
Code Enforcement &
Public Works Dept. DATE: JULY 25TH, 2022
822 Locust St.

Conway, AR 72034
Phone: 501-450-6191
Fax 501-450-6144
Lily.couch@conwayarkansas.gov
TO ELIZABETH M. JACKSON Description: Mowing/Clean-up/Admin Fees

3820 LEGACY VILLAGE DR associated with the nuisance abatement at
Benton AR 72015 26 Brierwood Circle. Conway Arkansas
CODE ENFORCEMENT OFFICER PARCEL NUMBER PAYMENT TERMS DUE DATE
Michael Davis 710-09038-000 September 12th, 2023
HOURS DESCRIPTION UNIT PRICE LINE TOTAL

1 MOWING & DEBRIS REMOVAL BY C.E.P.P. 32.41 32.41
Maintenance Fee (Mower/bush hog/weed eat) 25.00 25.00
1 Administrative Fee (Code Enforcement) 20.00 20.00

1 Administrative Fee (Code Officer) 17.46 17.46
2 Regular Letter .55 1.10
2 Certified Letter 5.60 11.20
(10% penalty + $30.00 filing fees= $40.72)
TOTAL $107.17
• Total amount due after September 12th, 2023 TOTAL

includes collection penalty & filing fees WITH PENALTY & $147.89
FILING FEES
Make all checks payable to City of Conway Code Enforcement @ 822 Locust St. Conway Arkansas 72032
CODE CASE HISTORY REPORT RESPROP-0723-0488
FOR CITY OF CONWAY
Changed On User Description Before After Additional Info
07/13/2023 Michael Davis Code Case added Code Case (RESPROP-0723-0488)
07/13/2023 Michael Davis Due Date [none] 7/13/2023 Code Case Workflow Step (Notice of
Violation)
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Notice of
Violation)
Michael Davis Due Date [none] 7/13/2023 Code Case Workflow Step (Violations)
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Violations)
Michael Davis Code Case Workflow Step Code Case Workflow Step Action (3.2.4
Action added Grass or Weeds)
Action added Appliance/Furniture)
07/20/2023 Michael Davis Due Date [none] 7/13/2023 Code Case Workflow Step (Letter Phase)
Michael Davis Code Case Workflow Step [none] 7/20/2023 Code Case Workflow Step (Letter Phase)
Start Date
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Letter Phase)
Michael Davis Inspection added Inspection ([Auto])
Michael Davis Action Workflow Status Not Started Failed Code Case Workflow Step Action (Code
Enforcement Final Investigation)
Michael Davis Due Date 7/13/2023 7/13/2023 Code Case Workflow Step (Notice of
Violation)
Michael Davis Code Case Workflow Step [none] 7/20/2023 Code Case Workflow Step (Notice of
Start Date Violation)
Michael Davis Action Workflow Status Not Started Failed Code Case Workflow Step Action (Property
Maintenance Follow-up Investigation)
07/20/2023 Michael Davis Violation Compliance Date 7/17/2023 7/24/2023 Violation (3.2.4 Grass or Weeds)
Michael Davis Violation Compliance Date 7/17/2023 7/24/2023 Violation (3.5.3 Appliance/Furniture)
07/24/2023 Michael Davis Code Case Status Open Schedule City Code Case (RESPROP-0723-0488)
Clean up
07/25/2023 Michael Davis Inspection Actual Arrival 7/17/2023 [none] Inspection (ICODE-3296-2023)
Date
Michael Davis Inspection Status In Violation City Cleanup Inspection (ICODE-3296-2023)
Performed
Michael Davis Action Workflow Status Failed Started Code Case Workflow Step Action (Code
Michael Davis Inspection Actual Arrival 7/17/2023 [none] Inspection (ICODE-3297-2023)
Date
Performed
Michael Davis Action Workflow Status Failed Started Code Case Workflow Step Action (Property
Michael Davis Due Date 7/13/2023 7/20/2023 Code Case Workflow Step (Violations)
Michael Davis Step Workflow Status Started Passed Code Case Workflow Step (Violations)
Michael Davis Violation Resolved Date [none] 7/25/2023 Violation (3.2.4 Grass or Weeds)
Michael Davis Violation Status In Violation Resolved Violation (3.2.4 Grass or Weeds)
Michael Davis Action Workflow Status Started Passed Code Case Workflow Step Action (3.2.4
Grass or Weeds)
Michael Davis Violation Resolved Date [none] 7/25/2023 Violation (3.5.3 Appliance/Furniture)
Michael Davis Violation Status In Violation Resolved Violation (3.5.3 Appliance/Furniture)
August 30, 2023 1111 Main Street Conway, AR 72032 Page 1 of 2

Appliance/Furniture)
07/25/2023 Michael Davis Date Closed [none] 7/25/2023 Code Case (RESPROP-0723-0488)
Michael Davis Code Case Status Schedule City Closed - Code Case (RESPROP-0723-0488)
Clean up Resolved
Michael Davis Complete No Yes Code Case (RESPROP-0723-0488)

Resolution No. R-23-___
PURPOSES.
conditions existing on 602 5Th St., within the City of Conway and is entitled to compensation pursuant to
Ark. Code § 14-54-904: and
approval.
Approved:
__________________________
Attest:
_______________________
Michael O. Garrett
City of Conway
822 Locust St.
SELECT PORTFOLIO SERVICING

1495 STONY POINT RD
HOUSTON, AR 72070
Parcel # 710-03597-000
RE: Nuisance Abatement at 602 5th St., Conway AR

Municipal Code.

check payable to the City of Conway and mail to 822 Locust St., Conway Arkansas 72034 with the attention to Lily
Couch. If you have any questions, please feel free to call me at 501-450-6191.
Respectfully,
City of Conway
Code Enforcement
INVOICE
City of Conway
Code Enforcement &
822 Locust St.

Conway, AR 72034
Phone: 501-450-6191
Fax 501-450-6144
TO Select Portfolio Servicing Description: Mowing/Clean-up/Admin Fees

1495 STONY POINT RD associated with the nuisance abatement at
Houston AR 72070 602 5th St. Conway Arkansas
Charles Gann 710-03597-000 September 12th, 2023


TOTAL $107.17
• Total amount due after September 12th, 2023

$147.89
includes collection penalty & filing fees
FOR CITY OF CONWAY
06/16/2023 Charles Gann Code Case added Code Case (RESPROP-0623-0436)
06/16/2023 Charles Gann Due Date [none] 6/16/2023 Code Case Workflow Step (Violations)
Charles Gann Step Workflow Status Not Started Started Code Case Workflow Step (Violations)
Charles Gann Code Case Workflow Step Code Case Workflow Step Action (3.2.4
Charles Gann Code Case Workflow Step Code Case Workflow Step Action (3.5.1
Action added Accumulation of Rubbish or Garbage)
06/28/2023 Charles Gann Violation Compliance Date 6/23/2023 7/5/2023 Violation (3.2.4 Grass or Weeds)
Charles Gann Violation Compliance Date 6/23/2023 7/5/2023 Violation (3.5.1 Accumulation of Rubbish or
Garbage)
07/06/2023 Charles Gann Code Case Status Open Schedule City Code Case (RESPROP-0623-0436)
Clean up

PURPOSES.
conditions existing on 2620 Donaghey Ave., within the City of Conway and is entitled to compensation
pursuant to Ark. Code § 14-54-904: and
approval.
Approved:
__________________________
Attest:
_________________________
Michael O. Garrett
City of Conway
822 Locust Ave
North Market Plaza LLC

P. O. Box 241323
Little Rock AR 72223
Parcel # 711-08853-154
RE: Nuisance Abatement at 2620 Donaghey Ave., Conway AR

Municipal Code.

check payable to the City of Conway and mail to 822 Locust Ave Conway Arkansas 72032 with the attention to
Lily Couch. If you have any questions, please feel free to call me at 501-450-6191.
Respectfully,
City of Conway
Code Enforcement
INVOICE
City of Conway
Code Enforcement &
822 Locust St.

Conway, AR 72034
Phone: 501-450-6191
Fax 501-450-6144
TO North Market Plaza Description: Mowing/Clean-up/Admin Fees

P. O. Box 241323 associated with the nuisance abatement at
Little Rock AR 72223 2620 Donaghey Ave Conway Arkansas
Michael Davis 710-08853-154 September 12th, 2023


TOTAL $170.96
• Total amount due after September 12th, 2023 TOTAL

WITH PENALTY & $218.06
includes collection penalty & filing fees FILING FEES
CODE CASE HISTORY REPORT COMPROP-0723-0467
FOR CITY OF CONWAY
07/10/2023 Michael Davis Code Case added Code Case (COMPROP-0723-0467)
07/10/2023 Michael Davis Due Date [none] 7/10/2023 Code Case Workflow Step (Violations)
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Violations)
07/10/2023 Michael Davis Contact deleted Contact ( )

Michael Davis Contact added Contact ( )
07/20/2023 Michael Davis Due Date [none] 7/10/2023 Code Case Workflow Step (Letter Phase)
Michael Davis Code Case Workflow Step [none] 7/20/2023 Code Case Workflow Step (Letter Phase)
Start Date
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Letter Phase)
Michael Davis Action Workflow Status Not Started Failed Code Case Workflow Step Action (Code
Michael Davis Due Date [none] 7/10/2023 Code Case Workflow Step (Notice of
Violation)
Michael Davis Code Case Workflow Step [none] 7/20/2023 Code Case Workflow Step (Notice of
Start Date Violation)
Michael Davis Step Workflow Status Not Started Started Code Case Workflow Step (Notice of
Violation)
Michael Davis Action Workflow Status Not Started Failed Code Case Workflow Step Action (Property
Michael Davis Violation Compliance Date 7/17/2023 7/24/2023 Violation (3.2.4 Grass or Weeds)
07/24/2023 Michael Davis Code Case Status Open Schedule City Code Case (COMPROP-0723-0467)
Clean up
07/28/2023 Michael Davis Inspection Actual Arrival 7/10/2023 [none] Inspection (ICODE-3309-2023)
Date
Performed
Michael Davis Action Workflow Status Failed Started Code Case Workflow Step Action (Code
Michael Davis Inspection Actual Arrival 7/10/2023 [none] Inspection (ICODE-3310-2023)
Date
Performed
Michael Davis Action Workflow Status Failed Started Code Case Workflow Step Action (Property
Michael Davis Due Date 7/10/2023 7/20/2023 Code Case Workflow Step (Violations)
Michael Davis Step Workflow Status Started Passed Code Case Workflow Step (Violations)
Michael Davis Violation Resolved Date [none] 7/28/2023 Violation (3.2.4 Grass or Weeds)
Michael Davis Violation Status In Violation Resolved Violation (3.2.4 Grass or Weeds)
Grass or Weeds)
07/28/2023 Michael Davis Date Closed [none] 7/28/2023 Code Case (COMPROP-0723-0467)
Michael Davis Code Case Status Schedule City Closed - Code Case (COMPROP-0723-0467)
Clean up Resolved
Michael Davis Complete No Yes Code Case (COMPROP-0723-0467)

B-3

Ordinance No. O-23-___
AN ORDINANCE APPROVING THE PRIVATE CLUB PERMIT FOR IMPACT GOLF INC. AND ALLOWING FOR THE
APPLICATION OF THE REQUIRED PERMITS FROM THE ARKANSAS ALCOHOLIC BEVERAGE CONTROL
DIVISION PER ARKANSAS CODE ANNOTATED §3-9-222 AS AMENDED
Whereas, Impact Golf Inc. has applied for a private club permit as required under Chapter 4.12.04
of the Conway City Code per Ordinance No. O-17-100 and A.C.A §3-9-222; and
Whereas, the application is limited and specific to Impact Golf Inc. located at 5150 John W. Allison
Road, Suite B Conway, AR 72034; and
Whereas, the applicant has provided all the information required in the permit application process
and met all the standards set forth by the Conway City Council; and
Whereas, the City Council for the City of Conway hereby approves the application for permit for
the proposed location to operate a private club within the City limits of Conway; and
Whereas, this approval does not authorize the operation of a private club within the City of
Conway but does function as an authorization to apply for a private club permit through the Arkansas
Alcoholic Beverage Control Division per A.C.A §3-9-222.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS
THAT:
Section 1. That the application for private club permit location is hereby approved for Impact Golf
Inc. located at 5150 John W. Allison Road, Suite B Conway, AR 72034.
Section 2. That no private club operations will begin unless and until a permit to operate a private
club is issued by the Arkansas Alcoholic Beverage Division.
Section 3. That the approval and permit are subject to suspension or revocation by the City in the
event the applicant violates Conway City Code or State law.
Passed this 12th day of September, 2023.

Approved:
_____________________________
Attest:
___________________________
Michael O. Garrett
B-4

Ordinance No. O-23-_____
AN ORDINANCE ACCEPTING AND APPROPRIATING PROCEEDS RECEIVED FROM PROGRESSIVE

INSURANCE FOR THE AIPORT DEPARTMENT, AND FOR OTHER PURPOSES
Whereas, the City of Conway received insurance proceeds in the amount of $10,682 from
Progressive Insurance for damages to the airport fence due to a single car wreck and;
Whereas, the Airport department requests the acceptance and appropriation of these
funds to help pay for building repairs and maintenance.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONWAY,

ARKANSAS THAT:
Section 1. The City of Conway shall appropriate $10,682.00 from the Airport Fund
Insurance Proceeds account (550-109-4360) to the Building Maintenance account (550-109-
5410).
Section 2. All ordinances in conflict herewith are repealed to the extent of the conflict.
Approved:
_________________________________
Attest:
______________________________
Michael O. Garrett
B-5

Ordinance No. O-23-___
AN ORDINANCE APPROPRIATING FUNDS FROM THE ARKANSAS COMMUNITY FOUNDATION FOR

SHELTER SUPPLIES FOR THE CITY OF CONWAY; AND FOR OTHER PURPOSES
Whereas, during emergencies and disasters the Don Owen Sports Complex and McGee Center
are facilities that can be utilized for overnight stays as needed; and
Whereas, the facilities are not equipped with cots or bedding to assist in immediate emergencies
that may not have been declared a state of emergency; and
Whereas, $3,000 has been received from the Arkansas Community Foundation to assist with
shelter bedding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS
THAT:
Section 1. The City of Conway shall appropriate $3,000 from the General Fund Balance
Appropriation Account (001.119.4900) to Administration Misc. Account (001.101.5799).
Section 2. All ordinances in conflict herewith are repealed to that extent of the conflict.
PASSED this the 12th day of September, 2023.
Approved:
___________________________
Attest:
_________________________
Michael O. Garrett
B-6

Ordinance No. O-23- ______
AN ORDINANCE REPEALING ORDINANCE NO. O-05-50, O-08-47, O-11-75, AND HEREBY

READOPTING ADOPTING VARIOUS RECOMMENDATIONS FOR THE OPERATIONS AND
REGULATIONS OF THE SPECIFIC BOARDS AND COMMISSIONS OF THE CITY OF CONWAY; AND
FOR OTHER PURPOSES
Whereas, the Blue Ribbon Commission was established by Resolution R-87-45 to review
the operations and regulations of the city boards and commissions; and
Whereas the Office of the Mayor would establish the same rules and regulations for all
city boards and commissions; and
Whereas, the City of Conway City Council recognizes three different types of Boards,
Committees, and Commissions; and
Whereas, the City of Conway City Council intends to ensure that all boards, committees,
and commissions are aligned with best practices, state statutes, and federal laws.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONWAY,

ARKANSAS THAT:
Section 1: Nomination & Selection Procedures:
The City of Conway adopts the following procedures for the nomination and selection of new
members for all city boards and commissions:
Step 1: Opening of Nomination Period. The nomination period will start on October 1
through October 31 every year. The Office of the Mayor will publish a legal notice in a
newspaper in the local newspaper and on the city’s website to include the following
information for all city boards and commissions for whom new members must be selected
in the upcoming year:
• Name of board or commission
• Purpose of board or commission
• Names of members of boards or commissions and the dates of their terms
• Statement encouraging nominations from each of the diverse segments of the population
served
• Closing date of the nomination period
• Name and mailing address of where to submit the nomination
• Notification of how to obtain nomination forms
Step 2: Closing of Nomination Period.

• The nomination period will close.
• The Office of the Mayor will begin the review of nominations.
• November 1-30
Step 3: Nominations. The Office of the Mayor will choose the nominee(s), submit the name
of the nominee(s) in writing to the city council, and include the name in the agenda.
Step 4: Membership Selection. After taking the nominee(s) under advisement, the city
council shall approve or reject the submitted nominee(s) from the Office of the Mayor at
the first regular scheduled meeting in the December meeting or as soon as possible after
the nomination period.
If the nominee(s) is rejected by the city council, the Mayor’s Office shall immediately return
to the original pool of nominees or reopen the application process for 10 to 15 days.
After the period closes, the Office of the Mayor should resubmit in writing the name of
another nominee(s). This procedure may be repeated until a member is duly qualified.
Step 5: Notifications. The Office of the Mayor shall notify the staff person and chairperson
of each board or commission of the city council’s action in writing by email once a selection
has been approved.
MISC Steps: In the event that a vacancy occurs on a board or commission before the
expiration of a term, the same nomination and selection procedure shall apply with the
Mayor’s Office implementing STEP 1 within ten (days) after the vacancy is declared. The
Mayor’s Office shall have (15) fifteen to thirty (30) days to accept nominations, and the
Mayor’s Office shall have fifteen (15) to thirty (30) days to review nominations.
The new nominee shall be chosen and submitted to the city council for approval. The
Mayor’s Office shall notify the staff person and chairperson for the board or commission of
its action in writing. If the nominee(s) is rejected, the same procedure for rejected
nominations as provided above shall apply.
If sufficient time to complete this procedure is not available before the expiration of a term
of office after the passage of this ordinance, the proper body may apply to fill any vacancy
so occurring by adhering as closely to these procedures as possible.
The Conway Corporation Board of Directors, because of its “arm length” relationship with
the city, will be exempt from the provisions of this section regarding the date and time of
the process and shall handle its own nomination process. They are encouraged to follow
the same procedures for notice, nomination, and selection if not at the same date and time.
Section 2: Boards, Committees, & Commissions:
1. The City of Conway recognizes the following Primary City Boards and Commissions, which
shall adhere to Standard Commission Bylaws Article 1, or amendments thereof as
approved by City Council, as adopted by reference herein:
a. Planning Commission
b. Civil Service Commission
c. Advertising and Promotion Commission
d. Public Facilities Board
e. Hospital Facilities Board
f. Historic District Commission
2. The City of Conway recognizes the following Secondary City Boards and Commissions
which shall adhere to Standard Committee Bylaws Article 1, or amendments thereof as
approved by City Council, as adopted by reference herein:
a. Airport Advisory Committee

b. Bicycle and Pedestrian Advisory Board
c. Conway Tree Board
d. Diversity Advisory Council
e. Oak Gove Cemetery Board
f. Public Art Advisory Committee
g. Robinson Cemetery Board
3. The City of Conway recognizes the following Special Boards and Commissions, which may
establish their own rules and bylaws and shall adhere to local, state, or federal laws:
a. Conway Corporation Board of Directors
b. Conway Housing Authority Board of Directors
c. Central Business Improvement District
Section 3: Regulations for Primary Board.
The City of Conway further formally adopts the following regulations for all Primary City Boards
and Commissions:
1. Standard Commission Bylaws, Article 1 is hereby adopted by reference by the City Council.
Three copies of referenced Standard Commission Bylaws, Article 1 shall be maintained in
the office of the City Clerk Treasurer and may be amended from time to time by the City
Council by resolution as necessary. Amendment procedures shall be defined within Article
1. In any conflict with existing City of Conway ordinance, resolution, policy, or procedure,
Article 1 and any amendments approved by the City Council thereof shall repeal and
replace to the extent in which no conflict shall be present.
2. Standard Commission Bylaws, Article 2, shall be for the purpose of boards and
commissions to establish their own rules and bylaws and shall be adopted and amended
through procedures defined within Standard Commission Bylaws, Article 1.
3. Expiration dates of terms on all boards and commissions shall be staggered except as
provided otherwise by law.
4. All boards and commissions shall have a minimum of five (5) to seven (7) members except
as otherwise provided by law or enacting ordinance
5. The length of term in years shall be no longer than the number of members on the board,
with multiple terms expiring at the same time being allowable if the terms are staggered
such that no more than half of the member’s terms expire at the same time except as
otherwise provided by law.
6. Service on all boards and commissions shall be limited to one (1) term with two
exceptions. 1.) Members who are appointed to serve the remainder of an unexpired term
are eligible for appointment to a full term. 2.) Former members are eligible to serve
another term on the same board or commission once they have been off that board or
commission for a length of time equal to one standard term of service on that same body.
7. Members of Primary or Secondary City Boards or Commissions can serve only on one (1)
Primary or Secondary City Board or Commission or Local Community Boards or
Commissions at the time of their appointment except as otherwise provided by law.
Primary or Secondary City Board or Commission members can not be appointed to other
Primary or Secondary City Boards or Commissions during their service.
8. Each board and commission should have written bylaws or operating procedures that
outline how that board or commission conducts its basic operations – a copy of which
should be on file with the assigned staff person and the Office of the Mayor. The Staff
person for each board and commission is responsible for providing the City
Clerk/Treasurer with an updated copy of the bylaws.
9. Each board and commission shall be responsible for filing an annual report with the Office
of the Mayor and City Clerk’s Office, which may include the following information but is
not limited to:
a. Summary of yearly activities and operations, goals, and major decisions made by
the board.
b. Financial audits where applicable.
c. Budget where applicable.
10. The Office of the Mayor shall keep an up-to-date set of records on all boards and
commissions to include such information as a current list of all members and membership
dates of boards and commissions and specific locations appropriate for each board shall
be deemed the repository of the board’s minutes, audits, bylaws and procedures, and
annual reports.
Section 3: Regulations for Secondary Board:
The City of Conway further formally adopts the following regulations for all Secondary City Boards,
Committees, and Commissions:
1. Standard Committee Bylaws, Article 1 is hereby adopted by reference by the City Council.
Three copies of referenced Standard Committee Bylaws, Article 1 shall be maintained in
the office of the City Clerk Treasurer and may be amended from time to time by the City
Council by resolution as necessary. Amendment procedures shall be defined within Article
1. In any conflict with existing City of Conway ordinance, resolution, policy, or procedure,
Article 1 and any amendments approved by the City Council thereof shall repeal and
replace to the extent in which no conflict shall be present.
2. Standard Committee Bylaws, Article 2, shall be for the purpose of boards, committees,
and commissions to establish their own rules and bylaws, and shall be adopted and
amended through procedures defined within Standard Committee Bylaws, Article 1.
Section 4: That for purposes of these regulations, ordinances by which these boards or
commissions are created and/or by which their operations are governed shall be deemed law.
Section 5. Severability. Any section, subsection, subdivision, paragraph, sentence, clause, or

phrase that contradicts, challenges, alters, amends, changes, disputes, or conflicts with any
established state or federal law shall be declared invalid herein. If any phrase, clause, sentence,
paragraph, section, or subsection of this ordinance shall be declared invalid, such invalidity shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, sections, or subsections
herein. The City Council declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase herein, irrespective of the fact that any one or more
subsections, subdivision, paragraphs, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
Approved:
___________________________
Attest:
__________________________
Michael O. Garrett
B-7

A RESOLUTION AUTHORIZING THE MAYOR OF CONWAY TO SIGN AN AGREEMENT FOR AN IMPACT FEE
CREDIT AGREEMENT BETWEEN SALTER ACQUISITIONS, LLC, AND THE CITY OF CONWAY, ARKANSAS
FOR CENTERSTONE LOT 8 AND MOIX MEADOWS LOT 8; AND FOR OTHER PURPOSES
WHEREAS, the Impact Fee Ordinance as amended by Ordinance No. O-04-38, passed on the 27th
day of April 2004 states that “All impact fee credits shall have a reading at one regularly scheduled City
Council meeting prior to it passage and approval at any subsequent regularly scheduled City Council
meeting”; and
WHEREAS, the Impact Fee Credit Agreement was presented and provided to the City Council of
the City of Conway on the 8th day of August, 2023 at a regularly scheduled meeting; and
WHEREAS, the applicant has requested said impact fees to be payable to be applicable to
another development pursuant to the City of Conway, Subdivision Ordinance Section 12.K.5; and
WHEREAS, the Impact Fee Credit Agreement was reviewed by the City Engineer, Director of
Planning and Development, and the City Attorney, and appears to demonstrate all minimum
requirements as defined in Section 12 of the City of Conway Subdivision Code.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS THAT:
Section 1. The City Council of the City of Conway authorizes the Mayor of Conway to sign said
agreement to authorize said Impact Fee Credit Agreement.
Section 2. The Director of Permitting or a representative thereof, in conjunction with the

Director of Planning and Development, shall maintain a record of impact fees credited and notify the
developer, or subsequent owner of the development as defined within Section 12 of the City of Conway
Subdivision Code, when all fees are expended.
Section 3. Herein authorized is the use of impact fee credits for the CENTERSTONE LOT 8 AND
MOIX MEADOWS LOT 8 which may be utilized for impact fees of a similar type, for which any such use
shall be deduced from the total impact fees for CENTERSTONE LOT 8 AND MOIX MEADOWS LOT 8 impact
fee credit until exhausted.
Section 4. The maximum impact fees credited per this contract shall be $75,000 as identified in
Exhibit A as attached to this resolution. Exhibits A, B, C, D, and E herein attached for reference.
PASSED this 12th day of September 2023. APPROVED:
__________________________
ATTEST:
__________________________
Michael O. Garrett
MEMO
cc: City Council Members
From: Kris Paxton – Planning Director

Date: September 12, 2023
Re: Impact fee credit agreement for Centerstone Lot 8 and Moix Meadows Lot 8
The impact fee credit agreement for Centerstone Lot 8 and Moix Meadows Lot 8 was brought to the City
Council for a first reading at the August 8th Council meeting. The item is currently on the agenda for final
approval of the impact fee credit agreement.
A developer is entitled to impact fee credits when park improvements are made to the city. The developer
must submit an impact fee credit agreement for approval by City Council. The impact fee credit is only
valid once full construction of the improvements are complete or dedication of all park lands is made.
The City and Salter Acquisitions, LLC, desire to enter into this agreement as evidence that the lots are
park system improvements. The value of any land required to be dedicated shall be based upon “fair
market value” of the land. Based on the submitted documentation, the developer is requesting a credit
totaling $75,000, the appraisal value of the dedicated land.
Kris Paxton, MGIS, CARPO, CFM

Director of Planning & Development
Exhibit A (PG 1 of 3)
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Note for record: Extended Version of Appraisal Report Available in the Office of Planning & Development
B-8

A RESOLUTION AUTHORIZING THE MAYOR OF CONWAY TO SIGN AN AGREEMENT FOR AN IMPACT FEE
CREDIT AGREEMENT BETWEEN RUSH-HAL DEVELOPMENT, LLC, THE HAROLD HALTER CRAFTON
REVOCABLE TRUST, AND THE CITY OF CONWAY, ARKANSAS FOR LANDS END SUBDIVISION PHASE II;
AND FOR OTHER PURPOSES
WHEREAS, the Impact Fee Ordinance as amended by Ordinance No. O-04-38, passed on the 27th
day of April 2004 states that “All impact fee credits shall have a reading at one regularly scheduled City
Council meeting prior to it passage and approval at any subsequent regularly scheduled City Council
meeting”; and
WHEREAS, the Impact Fee Credit Agreement was presented and provided to the City Council of
the City of Conway on the 8th day of August, 2023 at a regularly scheduled meeting; and
WHEREAS, the Impact Fee Credit Agreement was reviewed by the City Engineer, Director of
Planning and Development, and the City Attorney, and appears to demonstrate all minimum
requirements as defined in Section 12 of the City of Conway Subdivision Code; and
WHEREAS, the applicant has requested said impact fees to be payable to be applicable to
another development pursuant to the City of Conway, Subdivision Ordinance Section 12.K.5; and
WHEREAS, Land’s End is a multiphase development at the intersection of Padgett Road and
Tyler Street for which the City requested full extension of Tyler Street to the west end of the Land’s End
addition, lengthening the street to follow the Master Street Plan in which requisite ancillary construction
of storm drain, sidewalks, etc. were also completed.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS THAT:
Section 1. The City Council of the City of Conway authorizes the Mayor of Conway to sign said
agreement to authorize said Impact Fee Credit Agreement.
Section 2. The Director of Permitting or a representative thereof, in conjunction with the

Director of Planning and Development, shall maintain a record of impact fees credited and notify the
developer, or subsequent owner of the development as defined within Section 12 of the City of Conway
Subdivision Code, when all fees are expended.
Section 3. Herein authorized is the use of impact fee credits for the Land’s End Subdivision Phase
II which may be utilized for impact fees of a similar type within Charleston Place, a Rush-Hall
development, for which any such use shall be deduced from the total impact fees for Land’s End
Subdivision Phase II impact fee credit until otherwise exhausted.
Section 4. The maximum impact fees credited per this contract shall be defined herein as an
attachment of this resolution, also known as “Exhibit A”. Also see Exhibits B & C herein.
APPROVED:
__________________________
ATTEST:
__________________________
Michael O. Garrett
MEMO

Re: Impact fee agreement and improvements made to Lands End Subdivision Phase 2
The impact fee credit agreement for Lands End Subdivision Phase 2 was brought to the City Council for a first
reading at the August 8th Council meeting. The item is currently on the agenda for final approval of the impact fee
credit agreement.
A developer is entitled to impact fee credits for road impact fees when improvements are made to the city’s major
roadway system. The developer must submit an impact fee credit agreement for approval by City Council prior to
construction of the improvements. The impact fee credit is only valid once full construction of the improvements are
complete.
Lands End is a multiphase development at the intersection of Padgett Road and Tyler Street. The city is requesting
full extension of Tyler Street to the west end of the Lands End addition, lengthening the street to follow the Master
Street Plan. Requisite ancillary construction of storm drain, sidewalks, etc. are also required.
The street work on Tyler Street is a major roadway system improvement. Based on the submitted documentation the
developer is requesting a credit totaling $210,038.81 for Phase 2.

Exhibit A: Impact Fee Credit Agreement (1 of 3)
development within the Neighborhood and all properties included in Exhibit "B" as attached and
incorporated hereto are entitled to the Credit and the amount of the Credit.
NOW, THERFORE, in consideration of the recitals herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. The street work for Tyler Street with the subdivision of Lands End is a Major
Roadway System Improvement (as defined by the Ordinance), qualifying the Neighborhood and
The Applicant for the Credit;
2. The City hereby acknowledges that The Applicant is eligible for a Credit in the
amount of $210,038.81. The amount of the Credit is determined pursuant to Section 12(K.)(2) of
the Ordinance based on the cost of construction and development of the Roadway System;
3. The City hereby approves awarding the Applicant a Credit to offset Road Impact
Fees, not to exceed $210,038.81 (the "Awarded Credit"), otherwise applicable to Impact
Generating Development (as defined by the Ordinance) within the Subdivision, in addition to
current and future phases of the real properties attached in Exhibit "B" as attached and
incorporated hereto. The Applicant shall have the exclusive right to use the Awarded Credit,
provided that the Applicant may in its sole discretion assign the right to use the designated
amount of the Awarded Credit to offset the Road Impact Fee applicable to a project developed
by the assignee within the Subdivision and current and future phases of the real properties
attached in Exhibit "B" as attached and incorporated hereto. Any such assignment shall be in
writing signed by the Applicant or its successors and assigns and delivered to the City Planning
Department or other department serving as administrator of Road Impact Fees. The Awarded
Credit shall also be available to the Applicant and its designated successors and assigns to offset
Road Impact Fees applicable to Impact-Generating Development in any and all future phases of
the Subdivision, in addition to current and future phases of the real properties attached in Exhibit
"B" as attached and incorporated hereto.
4. The Applicant will not be reimbursed for any excess Credit beyond the Road
Impact Fees that would otherwise be due from the Applicant or its assigns from Impact
Generating Development in the above referenced property.
[Signature Page Follows]
Page 2 of3
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
and year first written above.
Rush-Hal Development, LLC Harding-Crafton Investment Properties, L.L.C.
By:____________ By:-------------
Harold H. Crafton, Operating Manger Harold H. Crafton, Manager
Crafton-Fowler Family Limited Partnership LLLP
By:__________
Harold H. Crafton, General Partner
By:__________
Bart Castleberry, Mayor
ATTEST:
By:__________
THIS INSTRUMENT PREPARED BY:

Landon T. Sanders
Ark. Bar No. 2016131
306 Salem Rd., Suite 106
Page 3 of 3
THE
SANDERS
-FIRM PLLC-
Landon T. Sanders, J.D. Attorney-at-Law
Preston T. Sanders, J.D. Attorney-at-Law
Costs Incurred by Applicant,

Rush-Hal Development, LLC, Crafton-Fowler Family Limited Partnership
LLLP, and Harding-Crafton Investment Properties, LLC
The Applicant incurred costs in the amount of $210,038.81 for the following:
Street improvements for Tyler Street starting at the intersection of Tyler Street &
Southwinds Drive; thence west to the intersection of Tyler treet & Lands End
Drive. Project area as seen in Exhibit B below.
Exhibit B: Project Area
306 Salem Road, Suite l 06, Conway, AR 72034 Page 1 of 1

Tel: 501-327-2704 • Fax: 501-327-2379
www. sandersfirmpllc. com
THE
SANDERS
-FIRM PLLC-
Landon T. Sanders, J .D. Attorncy-at-LJw
Pres\.on T. Sanders, J.D. Attorney-at Law
Exhibit "C"
TO
IMP ACT FEE CREDIT AGREEMENT
1. LANDS END SUBDIVISION - ALL PHASES, INCLUDING BUT OT

LIMITED TO THE THE FOLLOWING DESCRIPTIO FOR PHASE 2;
A part ofthe El/2 NEl/4, Section 06, T-05-N, R-14-W, Faulkner County, Arkansas,
being more particularly described as follows:
Beginning at a set mag nail for the SW corner ofsaid El/2 NEl/4; Thence along the
West line ofsaid El/2 NEl/4 N0l059'07"E a distance of1363.10' to a set 1/2" rebar
w/cap (1363); thence leaving said West line S88°00'37"E a distance of330.99' to a set
1/2" rebar w/cap (1363); Thence N02 °01'35"E a distance of162.69' to a set 1/2" rebar
w/cap (1363); Thence S88°25'04"E a distance of98.88' to a set 1/2" rebar w/cap (1363);
Thence N0l 034'56"E a distance of170.00' to a set 1/2" rebar w/cap (1363); Thence
S88°25'04"E a distance of22J .32' to a found RDF cap for the NW corner ofLands End
Subdivision Phase 1; Thence along the boundary ofsaid subdivision the following calls:
S02°01'35"W a distance of1164.75' to a found RDF cap; Thence N88 °1l'34"W a
distance of106.33' to found RDF cap; Thence with a curve turning to the right with an
arc length of44.09', with a radius of28.00', with a chord bearing ofN43 °04'59"W, with
a chord length of39.67' to a found RDF cap; Thence N02 ° 01'35"E a distance of4.79' to
a found RDF cap; Thence N88°1l'34"W a distance of50.00' to a found RDF cap;
Thence S02°01'35"W a distance of5.00' to a found RDF cap; Thence with a curve
turning to the right with an arc length of43.88', with a radius of28.00', with a chord
bearing ofS46 °55'01"W, with a chord length of39.52' to a found RDF cap; Thence
N88°1l'34"W a distance of106.54' to a found RDF cap; Thence S02° 01'35"W a
distance of491.23' to a found RDF cap; Thence S88°1l'44"E a distance of106.55' to a
found RDF cap; Thence S0l048'16"W a distance of40.00' found mag being on the
South line ofsaid El/2 El/4; Thence leaving said boundary line and along said South
line N88°1l'44"W a distance of 436.71' to the point ofbeginning, containing 18.53
acres, more or less.
2. LUXE LANDING, otherwise described as:
Part ofthe Southeast Quarter ofthe Northeast Quarter ofSection 21, Township 5
North, Range 14 West, Faulkner County, Arkansas, being more particularly
described as follows: Commencing at the Southeast Corner ofthe Southeast
Quarter Northeast Quarter, thence along the East line ofsaid Southeast Quarter
Northeast Quarter North 02 Degrees 10 Minutes 08 Seconds East a Distance of
306 Salem Road, Suite I 06, Conway, AR 72034 Page 1 of6

Tel: 501-327-2704 • Fa.x: 501-327-2379
"vww.sandersfirmpllc.com
B-9
MEMO
From: Rebekah Fincher, 2023 Planning Commission Chairman

Re: Conditional use request to allow Eating Place with Drive-Through Service & Food Store in the O-1
zoning district for property located at 2505 & 2515 Prince Street and 963 Farris Road
Braums, has requested to allow Eating Place with Drive-Through Service & Food Store in the O-1 zoning
district for property located at 2505 & 2515 Prince Street and 963 Farris Road, with the legal description:
2515 PRINCE STREET:

A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 14 WEST, FAULKNER COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND PK NAIL FOR THE NORTH QUARTER CORNER OF SAID SECTION
11 THENCE NORTH 88 DEGREES 19 MINUTES 36 SECONDS WEST ALONG THE NORTH
SECTION LINE A DISTANCE OF 186.57 FEET TO A POINT; THENCE LEAVING SAID SECTION
LINE SOUTH 02 DEGREES 29 MINUTES 03 SECONDS WEST A DISTANCE OF 41.85 FEET TO
AN EXISTING RIGHT-OF-WAY MONUMENT LOCATED ON THE SOUTH RIGHT-OF-WAY LINE
OF STATE HIGHWAY #60 FOR THE POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 29
MINUTES 03 SECONDS WEST A DISTANCE OF 170.54 FEET TO A SET ½ INCH REBAR WITH
CAP (PLS 1363); THENCE NORTH 88 DEGREES 59 MINUTES 46 SECONDS WEST DISTANCE
OF 81.58 FEET TO A SET ½ INCH REBAR WITH CAP (PLS 1363); THENCE NORTH 02 DEGREES
29 MINUTES 03 SECONDS EAST A DISTANCE OF 170.38 FEET TO A SET ½ INCH REBAR WITH
CAP (PLS 1363) ON THE SOUTH RIGHT-OF-WAY OF STATE HIGHWAY #60; THENCE ALONG
SAID RIGHT-OF-WAY SOUTH 88 DEGREES 59 MINUTES 49 SECONDS EAST A DISTANCE OF
81.58 FEET TO THE POINT OF BEGINNING, CONTAINING 13,908.06 SQUARE FEET OR 0.32
ACRES MORE OR LESS.
2505 PRINCE STREET:

PART OF THE NORTHEAST ¼ NORTHWEST ¼ SECTION 11, TOWNSHIP 5 NORTH, RANGE 14
WEST, FAULKNER COUNTY, ARKANSAS, DESCRIBED AS BEGINNING AT A POINT 25 FEET
SOUTH AND 108 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHEAST ¼
NORTHWEST ¼ SECTION 11, TOWNSHIP 3 NORTH, RANGE 14 WEST, RUN THENCE WEST 78
FEET; THENCE SOUTH 206 FEET; THENCE EAST 78 FEET; THENCE NORTH 206 FEET TO THE
POINT OF BEGINNING.
A PARCEL OF LAND IN PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼, SECTION 11,

TOWNSHIP 5 NORTH, RANGE 14 WEST, FAULKNER COUNTY, ARKANSAS, DESCRIBED AS
FOLLOWS: BEGINS 25 FEET SOUTH AND 20 FEET WEST OF THE NORTHEAST CORNER OF
THE SAID NORTHEAST ¼ OF THE NORTHWEST ¼ RUNNING THENCE SOUTH 170 FEET TO
Page 2 of 3
THE POINT OF BEGINNING; THENCE WEST 88 FEET; THENCE SOUTH 36 FEET; THENCE EAST
88 FEET; THENCE NORTH 36 FEET TO THE POINT OF BEGINNING. ALSO, PART OF THE
NORTHEAST ¼ NORTHWEST ¼, SECTION 11, TOWNSHIP 5 NORTH, RANGE 14 WEST,
FAULKNER COUNTY, ARKANSAS, DESCRIBED AS BEGINNING 25 FEET SOUTH AND 20 FEET
WEST OF THE NORTHEAST CORNER OF THE NORTHEAST ¼ NORTHWEST ¼ SECTION 11,
TOWNSHIP 5 NORTH, RANGE 14 WEST; THENCE WEST 88 FEET; THENCE SOUTH 170 FEET;
THENCE EAST 88 FEET; THENCE NORTH 170 FEET TO THE POING OF BEGINNING.
LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACTS OF LAND:

PART OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 11, TOWNSHIP 5 NORTH,
RANGE 14 WEST, FAULKNER COUNTY, ARKANSAS MORE PARTICULARLY DESCRIBED AS
FOLLOWS: STARTING AT THE SOUTHEAST CORNER OF THE E ½ OF THE NW ¼ OF SECTION
11; THENCE NORTH 02 DEGREES 04 MINUTES 31 SECONDS EAST ALONG THE EAST LINE
THEREOF A DISTANCE OF 2566.19 FEET TO A POINT; THENCE SOUTH 82 DEGREES 59
MINUTES 58 SECONDS WEST A DISTANCE OF 21.18 FEET TO A POINT ON THE SOUTHERLY
PROPOSED RIGHT-OF-WAY LINE OF STATE HIGHWAY 60 FOR THE POINT OF BEGINNING;
THENCE NORTH 42 DEGREES 27 MINUTES 55 SECONDS WEST ALONG SAID PROPOSED

RIGHT-OF-WAY LINE A DISTANCE OF 41.42 FEET TO A POINT; THENCE NORTH 83 DEGREES
09 MINUTES 58 SECONDS WEST ALONG SAID PROPOSED RIGHT-OF-WAY LINE A DISTANCE
OF 50.25 FEET TO A POINT; THENCE NORTH 88 DEGREES 52 MINUTES 36 SECONDS WEST
ALONG SAID PROPOSED RIGHT-OF-WAY LINE A DISTANCE OF 86.70 FEET TO A POINT;
THENCE NORTH 02 DEGREES 36 MINUTES 16 SECONDS EAST A DISTANCE OF 15.00 FEET
TO A POINT ON THE SOUTHERLY EXISTING RIGHT-OF-WAY LINE OF STATE HIGHWAY 60;
THENCE SOUTH 88 DEGREES 52 MINUTES 36 SECONDS EAST ALONG SAID EXISTING RIGHT-
OF-WAY LINE OF DISTANCE OF 165.82 FEET TO A POINT ON THE WESTERLY EXISTING
RIGHT-OF-WAY LINE OF FARRIS ROAD; THENCE SOUTH 02 DEGREES 13 MINUTES 21
SECONDS WEST ALONG SAID EXISTING RIGHT-OF-WAY LINE 2 DISTANCE OF 50.01 FEET TO
THE POINT OF BEGINNING AND CONTAINING 0.07 ACRES MORE OR LESS.
PART OF THE NORTHEAST ¼ NORTHWEST ¼ OF SECTION 11, TOWNSHIP 5 NORTH, RANGE

14 WEST, FAULKNER COUNTY, ARKANSAS , BEING MORE PARTICULARLY DESCRIBED AS
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST ¼ NORTHWEST ¼ AND
RUNNING THENCE NORTH 88 DEGREES 43 MINUTES 51 SECONDS WEST ALONG THE
NORTH LINE OF SAID NORTH ¼ NORTHWEST ¼, 83.97 FEET; THENCE RUN SOUTH 01
DEGREES 16 MINUTES 09 SECONDS WEST, 42.06 FEET TO A POINT ON THE EXISTING RIGHT-
OF-WAY OF PRINCE STREET AND THE POINT OF BEGINNING; RUN THENCE SOUTH 82
DEGREES 54 MINUTES 38 SECONDS EAST, ALONG SAID RIGHT-OF-WAY 33.57 FEET TO AN
EXISTING RIGHT-OF-WAY MARKER; THENCE RUN SOUTH 42 DEGREES 25 MINUTES 18
SECONDS EAST 42.45 FEET TO THE WEST RIGHT-OF-WAY OF FARRIS ROAD; THENCE RUN
SOUTH 02 DEGREES 24 MINUTES 31 SECONDS WEST ALONG SAID RIGHT-OF-WAY, 45.28
FEET; THENCE RUN NORTH 87 DEGREES 26 MINUTES 49 SECONDS WEST, 6.91 FEET;
THENCE NORTH 24 DEGREES 17 MINUTES 21 SECONDS WEST 62.78 FEET; THENCE NORTH
49 DEGREES 40 MINUTES 25 SECONDS WEST 35.84 FEET TO THE POINT OF BEGINNING,
SAID TRACT CONTAINS 1.685 SQUARE FEET MORE OR LESS.
963 FARRIS ROAD:

PART OF THE NORTHEAST ¼ NORTHWEST ¼ OF SECTION 11, TOWNSHIP 5 NORTH, RANGE
14 WEST, FAULKNER COUNTY ARKANSAS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT
989 FEET NORTH AND 21 FEET WEST OF THE SOUTHEAST CORNER OF SAID NORTHEAST ¼
Page 3 of 3
NORTHWEST ¼ OF SECTION 11, TOWNSHIP 5 NORTH, RANGE 14 WEST, AND RUN THENCE
WEST 180 FEET; THENCE NORTH 100 FEET; THENCE EAST 180 FEET; THENCE SOUTH 100
FEET TO THE POINT OF BEGINNING.
The applicant is requesting conditional use approval to operate an Eating Place with Drive-Through
Service and Food Store. As conditioned, the negative impact to adjacent properties will be mitigated
through the use of screening and landscaping and the site will be subject to the commercial
development standards in accordance with Article 10 of the Zoning Code.
Staff recommendation: Staff recommends approval of the conditional use permit, with the following 13
conditions:
1. Operating hours are limited to 5:00am – 12:00am.
2. Approved uses are limited to eating place with drive-through service and food store.
3. Any changes to or expansion of the approved use shall require an amended or new conditional
use permit.
4. Development of the site is subject to site development review, in accordance with Article 10 of the
Conway Zoning Code, prior to the issuance of building permits.
5. A perimeter landscape strip at least 20’ in width shall be provided along all property lines
adjoining any residential area. Landscaping abutting residential areas should consist of trees,
bushes, etc. of evergreen species to provide additional buffering/screening to the neighboring
residence. An installation diagram and list of proposed species shall be submitted for approval by
Planning staff prior to installation. The Director of Planning & Development may require
additional screening (e.g. 8’ wood privacy fence and evergreen vegetation) along adjacent
residential areas to reduce the impact of the proposed use.
6. All exterior lighting shall be inward, downcast, and shrouded to prevent light trespass onto
adjacent property and shall comply with Article 10, Development Review Standards, of the Zoning
Code. Extra caution shall be taken for lighting around boundaries adjacent to residential uses.
7. Any new fencing shall comply with Article 10, Development Review Standards, of the Zoning
Code. Fencing type and placement shall be approved by Planning Staff prior to installation.
8. The property shall be platted in accordance with the Subdivision Regulations, prior to issuance of
building permits.
9. No zoning variance, required as a result of the commencement of the conditional use, may be
requested.
10. The conditional use permit shall expire if the use is not commenced within 18 months of
approval.
11. The conditional use permit shall expire if the use ceases for a consecutive period of greater than
18 months. The Director of Planning & Development shall be authorized herein to grant an
extension of no more than 90 days beyond said 18-month period to accommodate the applicant’s
identified construction and engineering timeline if necessary.
12. Any new signage shall be permitted and installed in accordance with the Conway Zoning Code.
13. With the approval of this conditional use permit request any prior conditional use permits shall
be revoked for 2505 Prince St,2515 Prince St, and 963 Farris Rd and replaced by this new permit.
The Planning Commission reviewed the request at its regular meeting on August 21, 2023 and voted 10-0
that the request be forwarded to the City Council with a recommendation for approval.

WORK SHOWN HEREON AT THE DESIGNATED LOCATION ON THE SPECIFIED SITE. ANY UNAUTHORIZED USE OF THESE DOCUMENTS, INCLUDING WITHOUT LIMITATION REPRODUCTION OR ALTERATION, IS STRICTLY PROHIBITED AND SHALL CAUSE THE WAIVER OF ANY EXPRESSED WARRANTIES AND ALSO SEVER ANY LIABILITIES WHICH MAY ARISE FROM THE CONSTRUCTION, USE OR RESULT OF SUCH UNAUTHORI
THIS DRAWING AND RELATED SPECIFICATIONS, INCLUDING ALL DOCUMENTS ON ELECTRONIC MEDIA, WERE PREPARED BY JOHNSON AND PACE INCORPORATED (JPI) AS INSTRUMENTS OF SERVICE AND SHALL REMAIN THE PROPERTY OF JPI. THE INFORMATION SHOWN HEREON SHALL BE USED ONLY BY THE CLIENT TO WHOM SERVICES ARE RENDERED AND ONLY FOR THE PURPOSE OF DESCRIBING, CONSTRUC
ENGINEERING ▪ ARCHITECTURE ▪ SURVEYING

SSMH
(903)753-0663 FAX (903)753-8803

1201 NW LOOP 281, SUITE 100,
website: www.johnsonpace.com
LONGVIEW, TEXAS 75604
PRINCE STREET
R
(WEST BOUND)
SDMH
Know what's below.

riable Width
(R/W Width Varies, Va & Gutter)
Callbefore you dig.

Asphalt Surface w/C urb
GRAPHIC SCALE
10 0 5 10 20 40
( IN FEET )
1 inch = 20 ft.
PRINCE STREET
W
LEGEND
(EAST BOUND) INDICATES TYPE
EXISTING 48" STORM DRAIN Variable Width
(R/W Width Varies, rb & Gutter) ALL UTILITIES ARE EXISTING INDICATES P-6"W OF LINE
Asphalt Surface w/ Cu UNLESS NOTED OTHERWISE PROPOSED INDICATES SIZE

OF LINE
SDMH
48" RCP
THIS DOCUMENT IS RELEASED FOR
W
48" RCP WM THE PURPOSE OF INTERIM
10.0' EASEMENT
WATER METER REVIEW. IT IS NOT TO BE USED
48" RCP GAS GAS GAS GAS
GAS GAS GAS GAS
WV FOR CONSTRUCTION, BIDDING, OR
GAS
SDMH GAS WATER VALVE PERMIT PURPOSES
GAS
FH
OHE
OHE FIRE HYDRANT 07/19/2023
OHE
S81° 01' 02"E
BRAUM'S ICE CREAM AND DAIRY STORE

18" RCP
OHE
OHE S88° 58' 08"E 86.70' 16.65'
S88° 52' 36"E 81.58' OHE OHE OHE OHE OHE OHE OHE
CO
SEWER CLEANOUT
MH
PRINCE STREET AND FERRIS ROAD,

S4 SEWER MANHOLE
9°
PROPOSED (4) 6'x2' STALL BIKE RACK 25
'1 GM
6"E GAS METER
40.0' 25.0' 35
.84 IP
BSL ' BOUNDARY MARKER IRON PIPE
30.0'
SDMH
XX NUMBER OF PARKING SPACES PER ROW
SDMH
CONWAY, ARKANSAS
WATER LINE
SANITARY SEWER
CURB AND GUTTER
STORM SEWER
S24
3
°
OVERHEAD ELECTRIC LINE
17'
21"
GAS LINE
E6
GAS
2.78
DRAINAGE FLOW DIRECTION
'
S87° 26' 49"E 7.28'
12 PARKING REQUIREMENT INFORMATION
GAS
BLDG AREA MIN. REQUIRED MAX REQUIRED PARKING
N2° 28' 53"E 170.59'
BLDG USE PARKING RATIO PARKING RATIO REQUIRED

RESTAURANT 6,092 s.f. 9 per 1,000 s.f. 12 per 1,000 s.f. 55-74
8 8
TOTAL REQUIRED 55
GAS
PARKING PROVIDED
6.1' 20.0' 30.0' 40.0' 26.0' STANDARD SPACES 48
Braum's 30.0' R/W ACCESSIBLE SPACES 3
51
Proposed DEDICATION TOTAL PARKING PROVIDED
XL Model
R/W
GAS
~6092 SF
ZONED O-1 10.0'
DATE
BSL
COMMERCIAL
6
S2° 06' 28"W 112.49'
GAS
24"W
FARRIS ROAD
(R/W Width Varies, Variable Width
Asphalt Surface w/Curb & Gutter)
BY
PROPOSED DUMPSTER ENCLOSURE 6 25.0' BSL
GAS
20.0' 50.6'
REVISIONS
9.0' 18.0' 10.0' 19.3'
30.0'
R/W
24"W
DESCRIPTION
15.0' BSL
GREASE CONTAINER
GAS
N88° 59' 06"W 81.58'
N2° 29' 09"E 21.06' PROPOSED (4) 6'x2' STALL BIKE RACK
FH
15.0' UTILITY EASEMENT
GAS
24"W
WV
8"W 8"W 8"W 8"S 8"S
8"W 8"W 8"S 8"S (BK 282 PG 756) 8"S
S87° 54' 33"E 14.32'
NO.
30.0' 8"W
8"W 8"W
8"W
GAS
(BK 282 PG 754)
11.0
8"S 8"S 8"S 8"S 8"S 8"S 8"S
N87° 54' 29"W 2.15'
R/W
'
24"W
30.0' R/W
DEDICATION
OHE
GAS
20.0'
8"S
SITE PLAN EXHIBIT

6"S
(BK 282 PG 754)
ISSUED FOR REVIEW

P.dwg7/19/2023 4:10:05 PMPlot Device:None Page Setup:---- Plotted by:Justin Collins
S2° 03' 28"W 100.13'

N2° 03' 34"E 100.00'
24"W
7
40.0'
25.0'
BSL
OHE
8"S
6"S
R/W
140.0'
24"W
SSMH
PROPOSED DETENTION DRY POND
POND BOTTOM EL. = 312.50
OHE
17.5'
100-YR W.S.E.L. = 314.50

MIN. TOP OF POND = 315.50
25.5'
23.5'
GAS GAS
BOTTOM AREA OF POND = 2,616 S.F.
6"S
Plotted:
8.0'
10.0' BSL
Filename:F:\Land Development\4260 Braums\4260-010 Prince & Farris Conway AR\CAD\CIVIL\7-7-23
S
20.0'
GA
24"W
GAS
N87° 51' 59"W 179.89'

88.0' 52.0'
9.3'
SS 10.0'
Copyright © 2022, Johnson & Pace Incorporated
07/19/2023
PROPOSED 8' TALL WOOD PRIVACY FENCE
1"=20'
ZONED R-2
REVISION NO:
ISSUE DATE:
Existing Garage HOUSE STRUCTURE SEPARATION
RESIDENTIAL
CHECKED BY: APPROVED BY:SCALE:

FFE: 316.7 VERIFIED BY SURVEYOR
TKC
Existing 1-Story
Residence
(959 Farris Road)
4260-010
C1.0
FFE: 318.3
TKC
DRAWN BY:
SHEET NO.:
JMC
JOB NO.:
B-10
MEMO

Re: Conditional use request to allow Shelter for the Homeless in the C-3 zoning district for property
located at 134 Harkrider Street
Conway Ministry Center, has requested to allow Shelter for the Homeless in the C-3 zoning district for
property located at 134 Harkrider Street, with the legal description:
PART OF LOT 4 OF THE S1/2 OF THE SW1/4 OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 13
WEST, AS SHOWN ON B.G. WILSON’S MAP OF THE CITY OF CONWAY, ARKANSAS,
DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4 AND RUN THENCE
WEST ALONG THE SOUTH LINE OF SAID LOT 4 TO THE EAST RIGHT OF WAY LINE OF U.S.
HIGHWAY #65; THENCE NORTHWESTWARDLY ALONG THE-RIGHT OF WAY LINE OF SAID
U.S. HIGHWAY #65 A DISTANCE OF 300 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE
OF SAID LOT 4 TO THE EAST LINE OF SAID LOT 4; THENCE SOUTH ALONG THE EAST LINE
OF LOT 4, TO THE POINT OF BEGINNING , LESS AND EXCEPT A TRACT DESCRIBED AS
FOLLOWS: BEGIN AT THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 4
WITH THE EAST RIGHT OF WAY OF U.S. HIGHWAY #65 AND RUN THENCE
NORTHWESTWARDLY ALONG THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY #65 A
DISTANCE OF 190 FEET TO THE POINT OF BEGINNING OF THE LANDS HEREBY EXCEPTED
THENCE CONTINUE NORTHWESTWARDLY ALONG THE EAST RIGHT OF WAY LINE OF U.S.
HIGHWAY #65 A DISTANCE OF 110 FEET; THENCE EAST A DISTANCE OF 264.7 FEET; THENCE
SOUTH TO A POINT WHICH IS DUE EAST OF THE POINT OF BEGINNING; THENCE WEST TO
THE POINT OF BEGINNING OF SAID EXCEPTION, SUBJECT TO AN EASEMENT FOR DRIVEWAY
PURPOSES OVER AND ACROSS A TRACT OF LAND DESCRIBED AS BEGINNING AT THE POINT
OF INTERSECTION OF THE SOUTH LINE OF SAID LOT 4 WITH THE EAST RIGHT OF WAY LINE
OF U.S. HIGHWAY #65, AND RUN THENCE NORTHWESTWARDLY ALONG SAID HIGHWAY
RIGHT OF WAY 190 FEET TO THE POINT OF BEGINNING OF SAID EASEMENT; THENCE RUN
EAST 222.5 FEET; THENCE SOUTH 20 FEET; THENCE WEST TO THE EAST LINE OF SAID RIGHT
OF WAY OF SAID HIGHWAY #65; THENCE NORTHWESTWARDLY ALONG SAID EAST RIGHT
OF WAY LINE TO THE POINT OF BEGINNING OF SAID EASEMENT, FAULKNER COUNTY,
ARKANSAS.
The applicant is requesting conditional use approval to operate a Shelter for the Homeless, which is not
allowed in the current zoning (C-3) but is allowed as a conditional use. The center will operate 24 hours
a day, seven days a week due to the care needed by some residents. The Case
Management/Administration office will be open 9:00am – 5:00pm, Monday – Friday. The current office
area will be used as the residence of the property manager and the 22 room motel will house those in
need.
Page 2 of 2
Staff recommendation: Staff recommends approval of the conditional use permit, with the following 13
conditions:
1. Operating hours for the Case Management/Administration office are limited to Monday – Friday,
9:00 am – 5:00 pm.
2. The facility may not house any registered sex offenders, individuals with a recent violent criminal
history, or anyone with a no contact order or restraining order with someone currently in the
facility. Violent crimes include battery, domestic battery, assault, aggravated assault, non-
negligent manslaughter, or murder. Anyone with a misdemeanor conviction of the above listed
crimes within the past 2 years may not be housed at the facility. Anyone with a felony conviction
of the above listed crimes within the past 5 years may not be housed at the facility.
3. The facility is limited to 22 units. Any expansions or additions to the structures, as well as any
changes to the use shall require an amended or new conditional use permit.
4. Fencing with coded entry is required and must meet Fire Department standards and standards
outlined in Article 10. Barbed wire and razor wire are prohibited.
5. 24 hour surveillance of site is required.
6. Exterior speakers and/or public address system is prohibited.
7. Any playground or community garden must be screened from view from the public right-of-way.
8. Manufactured home in rear of property must be removed prior to Certificate of Completion.
Certificate of Completion can be issued prior to construction of manager/caregiver home.
However, manager/caregiver home must go through Site Development Review if not included in
initial Site Development Review process.
9. Site Development Review required and shall be subject to development standards as outlined in
Article 10 of the Conway Zoning Code, unless otherwise noted in permit conditions.
10. Parking area must be striped and ADA accessible parking requirements for parking must be met.
11. All signage shall be permitted and installed in accordance with Article 12 of the Conway Zoning
Code.
12. The conditional use shall automatically expire if the approved use is not commenced within 18
months or if it ceases for more than 18 consecutive months.
13. No variance related to the approved conditional use shall be granted.

The Refuge Shelter
By Conway Ministry Center
Program Operational Plan
The Refuge Family and Recuperative Care Shelter will be the first of its kind in Central
Arkansas. This shelter will provide temporary emergency housing to the most vulnerable
families and individuals in our city while providing excellent programming tailored to each
household's unique strengths, abilities, and needs.
Through nearly a decade of providing a broad scope of services to the homeless population of
Faulkner county, the Conway Ministry Center has collected valuable data that now informs our
Refuge program model. In addition, our Leadership Team has traveled to other cities in the
south to learn from similar organizations that have a wealth of experience to share with Conway.
The cumulation of this research has resulted in the operational plan outlined in this document.
The Target Population
The Refuge Shelter will provide temporary housing to three vulnerable sectors of the homeless
population.
1. Families with children under the age of 18.

a. Families now make up 40% of America’s homeless population.
b. Children experiencing homelessness are at a significantly increased risk for
trauma such as assault, witnessing violence, and family separation. Homeless
children have twice the rate of learning disabilities and three times the rate of
emotional and behavioral problems of non homeless children. Half of school-age
homeless children experience anxiety, depression, or withdrawal compared to
18% of non homeless children.
c. Families with children need targeted interventions to meet individual family needs
for housing and community based care and support systems for children and
infants.
d. Families need to be able to stay together in shelter spaces that allow caregivers
to stay with their children with private bathrooms and areas to prepare meals
when needed.
2. Families with adult children with intellectual delays.
a. Research suggests that 12%-34% of the homeless population may have
intellectual disabilities compared to 1%-3% of the general population.
b. Persons with intellectual disabilities are at an increased risk for abuse and
exploitation.
c. Families caring for special needs adults need targeted interventions to meet
individual family needs for housing and community based support for disabled
children.
d. Caregivers of special needs adults need to be able to stay with their special
needs child rather than separate into gender based dormitories.
3. Individuals who are seniors, physically disabled, or ill.
a. Older adults, those age 65 and older, represent the fastest growing group of
homeless, and by 2030 their numbers are expected to triple.
b. Over a period of three Winter Warming Stations, 19% of the individuals who
stayed were discharged directly from the hospital. Many of those suffered from
major chronic or terminal illnesses. Some were recent amputees. Others were
recovering from a major illness.
c. Senior adults or individuals suffering from major illness or injury need targeted
interventions to meet unique needs for housing and long-term care.
In order for each of these groups to successfully transition out of homelessness to stability, they
need the ability to shelter over a longer period of time (rather than the 24 hour increments of a
standard emergency homeless shelter) in a unit that meets their unique needs and allows for
intensive individualized case management.
Exclusions
Due to the vulnerability of the people we plan to serve, we will NOT house:
● Registered sex offenders at any level
● Individuals with a recent violent criminal history (based on background search) defined
as follows:
- Violent Crimes include battery, domestic battery, assault, aggravated assault,
non-negligent manslaughter, or murder.
- Misdemeanor convictions more recent than 2 years
- Felony convictions more recent than 5 years
- In addition to these time limitations, potential residents must demonstrate their
efforts to rehabilitate since the violent crime was committed. This might include
anger management classes, counseling, mental health care, sobriety or
completion of another rehabilitation program.
● Anyone with a no contact or restraining order with someone currently in the facility for
any reason (even threats or harassment)
In order to keep families safe and focused, the expectations to remain in the shelter will be high.
Households who are unwilling to engage in their case plan will not be able to remain in the
program.
The Shelter Space
The Refuge Shelter will utilize a 22 unit repurposed motel. Rooms will be configured to allow up
to three individuals in smaller rooms and up to five in larger rooms. The largest room (one unit)
will hold a family of six. If a family exceeds six individuals, two rooms must be issued. Maximum
occupancy is 75.
The shelter will reserve two rooms for emergency entry, specifically for after hours access. *See
Intake section below.
Each room will have a private bathroom. Each room will have a meal prep area that consists of
a small counter space with cabinets, a microwave, refrigerator, and other small appliances.
Rooms will be furnished with queen over queen bunks in large rooms or queen beds with a
crib/single bed in small rooms. At least one room will be fully ADA accessible.
The Shelter grounds will be fully fenced with coded entry and full surveillance system. Fencing
will be constructed with a solid privacy fence material. Only current residents and pre registered,
pre approved guests will be allowed onto the shelter grounds. Staff will be on site 24 hours a
day while residents are present.
The main office will offer case management offices, an educational meeting space, and laundry
facilities for guest use. The outdoor space will offer a deck with picnic area, community garden
and playground for children.
The Refuge Program
The goal of the program will be to provide temporary housing for no longer than 90 days to
those who meet the specific vulnerability criteria outlined above while going through an intensive
assessment and case management process to secure long-term solutions to individual housing
needs. Each individual or family will be required to meet with case managers twice per week as
a part of this process.
Families with children will be required to engage in case management with the goal of securing
stable income, connecting to resources the family needs (childcare, SNAP benefits, housing
referrals, medical care, therapies, tutoring, prenatal care, etc.), and transitioning to permanent
housing or the most appropriate transitional housing facility. Assessments will be given to
identify abilities, strengths, needs, vulnerabilities, etc. Then the family will work through a highly
individualized case plan to meet their specific family and housing goals.
Clients who have medical needs will also engage in intensive case management to identify the
housing plans. Partners and Refuge staff will perform assessments to determine long-term care
needs, abilities, vulnerabilities, etc. Then teams will work to secure long term housing/home
health combinations or identify a nursing and rehab facility that will be an appropriate fit.
The Conway Ministry Center is already engaging in partnerships to provide services to these
households such as:
● primary care
● physical therapy
● speech therapy
● occupational therapy
● counseling and behavioral health
● addiction treatment
● tutoring
● child care
● employment assistance
● housing assistance
Some of the providers we are working with include:

● UCA Interdisciplinary Clinic
● ARCare
● Headstart
● Goodwill Employment Services
● Department of Workforce Services
● Conway Public School Social Workers
● Conway Police Department Crisis Response Team
● Immerse Arkansas (Services for At-Risk Youth)
● Veterans Affairs
● Conway Public Housing Authority
● Bethlehem House
● City of Hope Outreach
● Our House
● Boys and Girls Club
● A variety of other nonprofits, local churches, and community members.
The Refuge Shelter seeks to connect clients with community based resources that will remain
available to them long after their stay in the shelter. Developing a support network that will not
be lost after housing is secured is key to the continued success of our clients and significantly
reduces re-entry into homelessness.
Conway is uniquely equipped to offer an extensive variety of community based services due to
the framework established by community partners for many years. *See Partners List above.
Staffing
The Refuge Shelter will employ several key staff roles to accomplish its program goals. The
Conway Ministry Center currently operates a free grocery store, daily homeless outreach
services, case management services, financial assistance programs, and rapid rehousing
programs that will complement the shelter operation. Multiple administrators and program staff
members are already in place to support the addition of a shelter. In addition to our current
Executive Director, Senior Case Manager, StoreHouse Pantry Director, Facilities and Operations
Manager, Outreach and Volunteer Coordinator, and Accounting Associate, the Refuge will add
multiple team members in the following roles:
● Shelter Director
● Refuge Case Managers
● Overnight/Weekend Manager
● Overnight weekend shelter security attendants
In addition to an excellent staff team, the Conway Ministry Center has a long history of
connecting high level volunteers with our programs. We currently have 214 volunteers
registered in our volunteer database that serve in a broad scope of service areas and roles.
These volunteers have followed the trajectory of the Conway Ministry Center’s shelter plans for
many years and are eager to engage with the families and individuals we will shelter.
Intake
For families with children or special needs adults, households will access the shelter as follows:
Monday- Friday 9am-4pm
● Families will be brought in for an intake appointment. In this appointment, potential

residents will fill out intake forms outlining circumstances surrounding homelessness,
identifying all household members, income, resources, health concerns, safety concerns,
legal status, etc. Copies of identification will be taken, as well as other pertinent
documents verifying the applicant’s situation.
● Rules and regulations will be thoroughly discussed and signatures required.
● Background checks and sex offender registry checks will be performed.
● Applicants will be given the option to shelter in two ways.
a. Emergency 72 hour stay without case management
b. 30 day stay with full case plan (can be extended up to 90 days with case
manager approval).
● Once approved by leadership, new residents will be issued the appropriate room based
on family size. Codes will be created for each individual family that will expire once the
family exits the program. Residents will not be allowed to have guests until the full case
management appointment has been completed (this is a much more in depth process
than intake).
● Households that choose the short term option will be dismissed from the program with
resource lists after 72 hours. They may request to enter into the 30 day program if space
is available.
After hours/Weekends
● If a hospital, police officer, or other emergency service worker brings a family to the
shelter outside of Case Management hours, they may be issued overnight emergency
shelter with only a basic intake form, rules and regulations, background check and sex
offender registry check. Full intake appointments must be completed immediately upon
case management office reopening. Two rooms of the Refuge shelter will be reserved for
this purpose.
For seniors, persons with significant physical/limiting disabilities, or persons with medical needs,
the intake process is as follows:
● Hospitals or Nursing and Rehab facilities must submit a full intake packet to the Case
Manager for approval prior to releasing the patient to the Refuge.
● The intake packet requires all the documentation outlined above plus a Recuperative
Care referral form that provides detailed descriptions of the patient’s medical condition,
care needs, long term prognosis, medication requirements, etc.
● Based on the level of care needed and the ability of the Refuge leadership team to
secure that level of care, the patient may be approved for up to 90 days in the Refuge
shelter.
● Senior adults or persons with significant limiting disabilities that are not hospitalized may
be considered, but will access shelter via the case management process outlined above
for families with children. These individuals will only be considered if it is determined that
their care needs exceed the services available through the City shelter.
Residency
We have high expectations of our residents to meaningfully engage in case management, as

well as other services provided by the Conway Ministry Center or our Service Partners. This
process starts with assessment.
Once a family or individual is settled into their assigned room and have had the opportunity to
decompress for 24 to 48 hours, the resident will be expected to participate in a needs
assessment to identify strengths, abilities, support systems, resources, needs, and
vulnerabilities. The resident will work with the case manager to identify goals, develop a plan of
action, and establish a preliminary timeline.
We understand that plans don’t always come to fruition as expected. This is why we prioritize
frequent meetings to ensure that goals are appropriate and achievable. In the event that an
inappropriate goal was set, frequent check-ins allow the case plan to adapt with the resident.
Case plans will outline a variety of targets. These may include:

● Setting employment goals
● Securing other income (SSI/VA Pensions)
● Enrolling in child support enforcement
● Identifying transitional housing programs
● Identifying permanent housing options
● Securing childcare
● Accessing healthcare/ therapies/ treatment
● Applying for government benefits (SNAP, medicaid, childcare voucher)
● Accessing counseling services
● Accessing tutoring or educational interventions
● Identifying long term residential nursing care
● Accessing home health providers
● Other individualized targets or goals
In addition to case management and supportive services provided by Refuge staff and Service
Partners, residents will be able to access a variety of household necessities through other
Conway Ministry Center programs. Groceries, toiletries, baby supplies, and more are available
at the StoreHouse pantry located in the Conway Ministry Center’s current location at 225 E.
Robins. Shelter rooms will be adequately equipped for families to reside with autonomy for as
long as 90 days. In the event that seniors or persons with disabilities need daily prepared meals,
the Conway Ministry Center also runs a homeless outreach program at the Robins St. location
that is well supplied with fresh, nutritious ready-to-serve meals. The Conway Ministry Center is
equipped with complimentary programs to meet the needs of Refuge residents during their
shelter stay and beyond.
Residents that are meeting case plan goals will automatically be considered for an extension
past the initial 30 day period if more time is needed to secure stable housing. Our program test
pilot (conducted 11/01/22- 3/1/23 serving 29 families) indicated an average stay of 45-60 days
depending on the severity of needs of the household. With this information, the Refuge program
will set high expectations for the first 30 days. If a family is not making significant progress
toward housing within the first 30 days, the family must begin the application process for
transitional housing through one of our partners (Behtlehem House, Our House, CoHO Hope
Village, etc.)
Some residents will quickly identify the need for transitional housing or long term nursing and
rehab at their initial intake appointment. For those residents, individual housing will not be
included in their case plan. Success will be achieved by making rapid referrals/transfers to
transitional or permanent supportive housing or long term medical facilities.
Families and individuals can leave of their own volition any time they feel ready, but the Conway
Ministry Center has additional supportive programing to assist with rehousing costs for
households that meet Refuge shelter case plan goals. Once income is secured, appropriate
housing is identified and approved, and community based support systems are in place,
residents can apply for financial assistance to cover security or utility deposits, or other
rehousing costs.
In addition to financial assistance, residents can request assistance with furniture, household
items, kitchen supplies, linens, and other necessities.
Once a household has been rehoused, staff will continue to assess ongoing needs at 30 days,
three months, six months and one year to ensure continual success of residents.
Disciplinary Procedures
The following rules must be strictly adhered to during shelter residency:
○ No violence of any kind

○ No weapons of any kind
○ No theft of property (Refuge property or other resident)
○ Must observe quiet hours 8pm to 6am
○ No visitors without prior approval and background check
○ No visitors past 8pm
○ Gate codes cannot be given to visitors.
○ No pets (service or therapy pets will be considered with documentation)
○ No alcohol or illegal substances
○ No excessive noise or disturbances
○ No verbal threats of harm
○ No illegal activities
○ Children cannot be left unattended
Disregarding these rules is considered a serious violation of Refuge shelter policy. There will be
ZERO tolerance for violence, weapons, or theft. These offenses will result in immediate
dismissal from the program. Remaining violations could result in immediate dismissal depending
on severity, but no more than one written warning will be given for violation of these rules.
Additional program requirements are outlined below:
○ Children must be enrolled in school or preschool
○ 2 case management appointments required each week
○ Must complete budget worksheets and financial planning
○ Must be reachable. If we cannot make contact with a resident for 3 days, we will
assume the resident has dropped from the program and the room will be cleared
for another family.
○ Must be willing to apply for any assistance services available. (SNAP, TEA,
Medicaid, Section 8 Housing, Childcare Vouchers, etc.)
○ Must not disclose the details of personal case plans to others (funding amounts,
assistance provided, etc.)
○ Must keep room clean and allow room checks weekly.
○ Must continue to work toward goals outlined in case plan prioritizing income and
housing, and provide updates, verifications, and details to the Case Manager
when asked.
○ Must report any legal charges or probation/parole violations immediately.
○ Must report additional income such as tax returns, insurance settlements, or
inheritance immediately
○ Major expenditures that can have a negative impact on the success of the case
plan must be discussed and preapproved by the case manager (purchases of
cars, electronics, phones, furniture, trips, etc.)
○ Resources such as food, SNAP benefits, cash, medications, or household
necessities may not be shared between separate households. If a resident needs
these resources, they must request assistance from Refuge staff.
○ Residents may not watch each other’s children without prior staff approval.
○ Smoking is allowed in designated smoking areas only. No smoking in rooms or
on the playground where children play.
○ No candles.
While violation of these requirements are considered to be a lesser offense, continuous

disregard for these rules could also result in program dismissal. The Refuge utilizes a
“three-strikes” policy. Two written warnings will be issued for violating requirements. The third
violation will result in a Notice to Vacate informing the resident they have 72 hours to vacate the
premises.
If a resident is dismissed from the program for failure to adhere to rules and requirements
OTHER THAN ZERO TOLERANCE policies, they may reapply for shelter 12 months after
dismissal if the need still exists. Upon reapplication, the former resident would need to
demonstrate reasons for Refuge staff reconsideration. These could include anger management
classes, counseling, recovery programs, mental health care, etc.
The Conway Ministry Center and Refuge staff understand that some residents may not be ready
for this level of commitment upon initial entrance into the program. If a family or individual
becomes ready at a later date, it is important to allow another opportunity for transformation.
Additional Policies
The Conway Ministry Center and Refuge staff are mandated reporters of child and elder abuse
in the state of Arkansas. We are required by law to report suspected or observed abuse, neglect,
or exploitation of endangered or impaired adults.
Aside from the target population criteria outlined above, all applicants will be considered
regardless of race, religion, ethnicity, national origin, sex, disability, gender identity, sexual
orientation, or other status that may be legally protected at the time. It is within the Conway
Ministry Center and Refuge Shelter’s core values to show compassion and protect the dignity of
all clients and residents.
Closing Statement
Conway, Arkansas is uniquely positioned to set the bar for excellence in providing services to
homeless families and individuals with significant care needs. We are home to three colleges
and two medical residency programs training the next generation of leaders in a variety of
disciplines that include medical care, behavioral health, speech/occupational/physical therapy,
addiction treatment, counseling services, early childhood development, special education, social
work, and so much more. We have an army of local civic and faith groups who have a deep
commitment to serve disadvantaged and vulnerable people in our community. Our Toadsuck
homeless coalition strives for excellence in providing homeless services in Central Arkansas,
and we are called upon frequently by state leadership to demonstrate positive outcomes from
our years of collaborative efforts and creative program models.
Conway Ministry Center has demonstrated commitment and leadership in the areas of crisis
intervention, poverty reduction, rehousing, homeless services, food insecurity, and more. Our
leadership team has been consulted in these areas by the Arkansas Balance of State Continuum
of Care, Arkansas Community Foundation, Community Development Institute, Office of
Emergency Management, Conway Police Department Crisis Intervention Team, and others. We
have played a significant role in developing collaborative solutions to address multiple
emergencies in Faulkner County including the immediate tornado relief efforts in 2014,
relocation of the 110 families of Brookside Mobile Home Park, the Toadsuck flood of 2019, the
COVID 19 financial assistance hotline in 2020, eight years of providing Winter Warming Station
programs, and the Winter Homeless Hotline last winter.
We are excited to join hands with the incredible community of Conway to launch a truly one of a
kind family and recuperative care shelter unlike any other in the south. We call it The Refuge.
B-11
MEMO

Re: Objection to the Approval of a Major PUD Mod - Scherman Heights PUD Lot 7D, 575 Club Lane
The Director of Planning & Development notified the City Council of an approval for a Major PUD
Modification on 07/17/2023. The Mayor is the City of Conway’s Chief Executive Officer, conservator of its
peace, and is an ex-officio member of the City Council by virtue of his executive position. The Mayor has
objected to this consideration based on previous public concerns relative to the use at this location.
While normal processes for objections to Major PUD Modifications would result in such items being
forwarded to the Planning Commission, the Mayor has sponsored the item to move from the Planning
Commission to the City Council for further consideration based on past public hearing item discussions
for the use at this location by both the Council and the public.
The City Council may amend the request, approve the request, deny the request, or remit the Major
PUD Modification to the Planning Commission for further consideration.
If the Major PUD Modification is remitted to the Planning Commission, the Commission would be able
to amend, approve, or deny the request. A Planning Commission approval would be final. A Planning
Commission denial of the request may be appealed to the City Council for further consideration.

CITY OF CONWAY 1111 Main Street
Planning and Development Conway, AR 72032
T 501.513.3504
August 22, 2023
From: Brent Salter

Project: Sherman Heights PUD
Mr. Salter:
This letter shall serve as a notice of approval of a Major Modification to the Scherman Heights Planned Unit
Development. The following major modifications, as granted by Ordinance No. O-09-69, will apply:
1. Allow the use of Day Care Facility, Child Care Facility, and/or School on Lot 7D, 575 Club Lane pursuant
to the use as described in Exhibit A herein.
2. This Major Modification shall be limited to the use. Any required additional site development review
processes shall not be considered as a part of this request.
3. This approval shall not be considered approval in a manner to bypass any applicable state, federal or
local law, inspection requirements, licensing requirements, or other applicable considerations deemed
required for Day Care Facilities, Child Care Facilities, or Schools.
4. Owner or tenant shall consult with the City of Conway Fire Marshall prior to any intended use as a Day
Care Facility, Child Care Facility, or School to verify site meets minimum standards for proposed use.
5. All conditions approved with original ordinance adoption and modifications since ordinance
adoption shall be unaffected by this approval. All previous conditions of approval shall remain
in effect.
The site has been continually used as a childcare facility or school since 2012, and this modification is to bring the
site into compliance for future tenants with the same or similar uses.
Print - Owner/Developer Date
Signature - Owner/Developer
Sincerely,

Director of Planning and Development
See attached Exhibits A and B.

Scherman Heights PUD
Major Modification, August 22, 2023
Exhibit A – PUD Amendment Request

Major Modification, August 22, 2023
Exhibit B – Support from Property Owners Association President

Implementa5on Status Compliance Report
575 Club Lane and Tenant Playground Space
August 2013
North
Area Aerial Photo

2
Playground
575 Club Lane

3
575 Club Lane -‐ Scherman Heights PUD the Planning Commission to review the compliance of a Planned Unit
Development:
Implementa5on Status Compliance Report
“Project Comple.on. At its discre.on, the Planning Commission may
STAFF REVIEW BY periodically review the Planned Unit Development project’s
Bryan Patrick -‐ Director implementa.on status. If the Planning Commission determines that
1201 Oak Street the PUD is not being implemented in accordance with the Final PUD
Conway AR 72032 Plan, the Planning Commission may recommend that the City Council
SITE DATA review the progress of the project. The City Council may allow
Loca2on. 575 Club Lane -‐ Pediatrics Plus implementa.on of the project to con.nue uninterrupted, may require
Scherman Heights PUD the applicant and/or developer to submit a revised PUD plan, or may
Site Area. 1.86 acres (575 Club Lane) ~40 acres (EnOre PUD) take any other reasonable ac.on to ensure that the subject property is
Exis2ng Structure. Office building not developed in an inappropriate manner.”
Current Zoning. PUD (Planned Unit Development) Specifically, As per the PUD secOon of the Zoning Ordinance, the Planning
Scherman Heights PUD established by ordinance O-‐03-‐44 on April 8, Commission may review the Planned Unit Development’s
2003. implementaOon status.
The Planning Commission was instructed that there were two courses
A T I S S U E of acOon:
A playground approximately 35’ x 100’ was constructed at the rear of
575 Club Lane. The facility is a state licensed child care therapy 1. The Planning Commission may choose to review the compliance
business and is required to provide a state mandated play area. of the PUD, or it may not. A vote should be conducted to
proceed with review or to deny the review.
The playground occupies an area between the rear of the building and 2. If the Planning Commission conducts the review and finds
the rear brick wall of Windcrest Subdivision. The brick wall separaOng noncompliance, a recommendaOon for further review by the City
Windcrest and 575 Club Lane is about 5 feet tall. Council is sent forward. If the Commission finds no violaOon, no
Children play in this area from early morning to late a[ernoon 5 days recommendaOon is sent forward.
a week. By state regulaOon, the children must play outdoors for one The Planning Commission chose to not review the request. No
hour; weather permi]ng. Several shi[s of children occupy the recommendaOon was sent forward to the City Council.
playground so that the playground is occupied conOnuously
throughout the workday. There is both visual and aural contact Since December 2012, further invesOgaOon has revealed 3 non-‐
between the children in the play area and neighboring residents. compliance issues based on the Scherman Heights Final Development
Plan and the early 2007 site plan review regulaOons.
In November 2012, quesOons concerning the legality of a children’s
therapy services playground were brought to the aènOon of the L A N D U S E S
Planning Department. A review was conducted for presentaOon to the Lot 7D is a subdivided lot of the original Lot 7 referenced in the
Conway Planning Commission. Comments from the December 2012 Scherman Heights PUD Final Development Plan. Subdivision is
Planning Commission report have been used for this report along with allowed per the FDP. The Plan specifies permièd land uses as those
addiOonal informaOon concerning any possible violaOons at allowed by right in an O-‐2 zone as listed in the Conway Zoning
Pediatric’s Plus -‐ 575 Club Lane. Ordinance. The Pediatrics Plus facility could be considered a medical
office, and a daycare. These land uses are allowed by right in an O-‐2
This report will aèmpt to address every conceivable infracOon of
zone:
Conway City Codes and the Scherman Heights PUD by the outdoor
playground in an unbiased manner. The summary will recommend a
course of acOon.
T I M E L I N E
The Scherman Heights Planned Unit Development was approved by
the City Council in April 2003. The PUD Final Development Plan was
finalized and accepted by the Planning Department on August 15,
2003. The original PUD plat was filed on August 8, 2003. This plat
showed Lots 7, 7A, and 7B. Lot 7 was subdivided into 2 lots; 7C and
7D in October 2004. The structure at 575 Club Lane was constructed All daycare faciliOes are required by the state of Arkansas to have an
in late 2007. The structure and site were subject to an earlier form of outdoor playground. By inference, a playground is allowed with an
development review, then called “site plan review”. approved daycare facility.
The Planning and Development Department first heard concerns The O-‐2 zone also allows a “Park, Playground, or Tot Lot” by right. The
about the playground in November 2012. Zoning Ordinance does not provide a definiOon for “Playground” or
The Director of Planning and Development along with the City “Tot Lot”, however, a “Park” is defined as:
Aòrney, reviewed the situaOon for a possible violaOon of the PUD “Park: A recrea.onal area characterized by open space typically
and zoning ordinance. A leèr addressing all the various concerns was u.lized for outdoor sports and other leisure ac.vi.es.”
mailed to Mr. Chris Ryan at 610 Whispering Wind on 11-‐16-‐2012.
In December 2012, a request for a PUD compliance review by the
Planning Commission was requested. Current PUD regulaOons allow
4
Overlay District Regula2ons
Suburban Overlay Ordinance -‐ This ordinance was created in 2000 to
address aestheOcs and access along Prince St., Hogan Ln., and Dave
Ward Dr. It is referenced as part of the PUD. The original boundary of
It may also be noted that a “RecreaOonal Facility -‐ Community” is Lot 7 as it joins College Avenue is subject to these standards. Lot 7D
allowed by right in the O-‐2 zone. does not have College Avenue frontage. Therefore, suburban overlay
The Zoning Ordinance supplies the following definiOon: standards are not applicable.
“Recrea.onal Facility: Any facility or tract of land providing One Story Buildings, Height, Setback
recrea.onal opportuni.es to the general public. These facili.es may PUD regulaOons state that only one-‐story buildings with a maximum
be publicly owned (community) or may be privately-‐owned height of 28 feet are allowed on Lot 7. The structure can be
(commercial) and sell recrea.onal opportuni.es. The uses which fall considered a one and one half story building. Approved site plan
under each of these defini.ons follow...(Park, playground or tot lot)” drawings show the building as “one story building”. The southern side
of the structure actually contains a mezzanine. Submièd and
approved drawings show the building as 28 feet in height. The west
side of the structure by all appearances, is one story. There is a one
story wall with an asphalt shingle roof above. There are no windows,
gables, or dormers above the roof soffit. Technically, the requirement
Based on the allowed uses in an O-‐2 zone as prescribed by the
for a one story building is debatable.
Scherman Heights PUD Final Development Plan, it appears that a
medical office, daycare, and playground are allowed. The building is setback 35 feet from the property line.
20% Greenspace
S C H E R M A N H E I G H T S F I N A L Each lot must contain at least 20% green space exclusive of paved
D E V E L O P M E N T P L A N A N D area. Total lot area is 1.86 acres. 20% = .372. ExisOng permeable lot
A M E N D M E N T S area of Lot 7D prior to the covered play area was calculated at .62
The Scherman Heights Final Development Plan dated 8-‐15-‐2003 acres. If the enOre area between the building and the Windcrest
contains a list of 12 general regulaOons followed by specific property line were covered, the minimum green space requirements
regulaOons for individual lots. (Exhibit A) Only general regulaOons 8, would sOll be met at .39 acres. (Exhibit D)
and 10 have a direct affect on Lot 7D. 8 specifies any improvements Green space as shown on the PUD Conceptual Site Plan (Exhibit F)
are subject to site plan review and 10 states that the PUD will be versus Final Development Plan and As-‐Built ConstrucOon -‐ The
completed in 5 years. 575 Club Lane’s site plan review was approved conceptual site plan shows the area between Windcrest and 575 Club
in March 2007. As to the compleOon of the PUD within 5 years, this Lane as open space counOng towards the PUD’s required 20% green
date has not been achieved as there are sOll available lots and space. The 20% green space requirement on Lot 7D has been met
construcOon has occurred a[er 2008. AdministraOvely, “compleOon” even with the playground in place. If all individual lots meet the 20%
has been judged on a sliding scale from the latest building permit. In green space requirement as they are developed and the 3 green
2013, Jimmy John’s Sandwiches was completed. If a 5 year sliding space lots remain in place, the 20% green space for the enOre PUD
scale is applied, this pushes the compleOon date to 2018. development will be met. An argument might be made that the
original conceptual plan shows a vacant green space behind what is
Summary of Applicable Regula2ons for Lot 7 now 575 Club Lane and that this should remain vacant. The
conceptual plan also shows a large “big box” retail store and other
• These lots are to be developed as an office park. structures that were not constructed.
• O-‐2 uses are allowed in Lot 7. Siding Materials
• The boundary of Lot 7 as it joins College Ave will be subject to
the overlay district requirements of Prince Street. The final development plan states that no more than 10% of the
building exterior may be covered by siding material or painted wood.
• There shall be one-‐story buildings only upon the property
The siding material used is an architectural metal. It would appear
between Windcrest Subdivision and the new street to be
that there is approximately; 32% on the east, 19% on the north and
constructed (Club Lane). Any buildings within this area shall not
south, and 14% on the west. (Exhibit G) Mr. Rankin responded to this
exceed 28 feet in height and the rear setback shall be 35 feet.
quesOon in an email dated 12-‐17-‐2012 (Exhibit C) that the Scherman
• Each building shall be constructed on a lot that contains a Heights Architectural Control Commièe (not a city regulaOng body)
minimum of 20% dedicated lawn and/or green space exclusive of approved the siding material because it is different from vinyl, wood,
paved area. or a normal sheet metal covering.
• Lot 7 and the sublots therein, shall be accessed from the new This structure was reviewed under the site plan review secOon of the
street (Club Lane). No more than 5 curb cuts shall be permièd zoning ordinance in 2007. Site plan review at this Ome was the City’s
from the new street to Lot 7. first aèmpt at regulaOng commercial site development on a small
• Trash pickup shall be permièd to the side and front, but not scale. Site plan review was later replaced with more stringent
west of any buildings in Lot 7 which are within 100 feet of development review regulaOons in September 2007. 575 Club Lane
Windcrest Wall. was approved in March 2007. Site plan review only dictates that metal
• No more than 10% of the building exterior may be covered by siding cannot be “dominate the main facade”. The metal used on the
siding material or painted wood. facades of 575 Club Lane are not the overwhelming feature. The
percent of metal does not violate 2007 site plan review regulaOons.
Bullet points 3,4,5, and 8 are examined in detail below: The PUD regulaOon concerning the definiOon of “siding material”
would seem debatable.
5
The intent of this definiOon is to define that the main building or
Final Development Plan Amendments structure is to not occupy the area beyond a building setback. It is not
defining that a yard may not contain any structure. The definiOon
There have been 4 approved amendments to the Scherman Height
begins with, “a porOon of a structure”, further references, “the
PUD Final Development Plan; October 2004, July 2005, May 2008, and
building or structure”, and then speaks of “main buildings”. The yard
May 2009. Each of these amendments were reviewed and approved
regulaOons found in the Lot regulaOons of SecOon 401.5 Commercial
by the Planning Commission and City Council. The July 2005
and Office Districts (page 60) require a 25 foot minimum rear yard
amendment is the sole amendment that directly relates to Lot 7D.
setback. 575 Club Lane is located 35 feet from the rear property line.
(Exhibit B)The 7 approved amendments were specifically for
Walgreens, however, Mr. Rankin volunteered 2 amendments a[er If the definiOon for “yard” intended for all “yards” including side, rear,
Council acOon was complete. One statement; "Leave a 35 foot border and front to be totally free of any structure to the sky, there could be
of green space between the western property line of Windcrest no decks, fences, poles, storage buildings, pools, or likely trees in any
Subdivision and any parking, streets, or buildings to the east." was yard in the City of Conway; commercial or residenOal.
pertained to Lot 7.
Zoning Ordinance Sec2on 601.10 Child Care
The 7 condiOons were set by the City Council and are enforceable by SecOon 601.10 specific child care regulaOons does not address the
the city. The voluntary statements offered by Mr. Rankin were outside placement of daycare play areas.
of Council acOon, and are therefore, not enforceable by the city. The Zoning Ordinance Sec2on 401.5.E.1.a Development Criteria
35 foot border does exist and is free of parking, streets, and buildings.
A playground covered with rubber mats could arguably not be green SecOon 401.5.E.1.a Development Criteria All Commercial Districts
space, but as a "promise" by Mr. Rankin cannot be enforced by the states, “Any lighOng shall be placed so as to reflect away from
City. adjacent residenOal districts. No excessive or unusual noise, odor or
vibraOon shall be emièd so that it consOtutes a nuisance which
Approved PUD Conceptual Site Plan substanOally exceeds the general level of noise, odor or vibraOon
emièd by uses adjacent to or immediately surrounding the site. Such
There has been quesOons concerning the validity of the original comparison shall be made at the boundary of the site.” The
approved Scherman Heights PUD conceptual site plan. The original playground in quesOon is noisy. However, a paradox exists in that a
site plan presented to the City Council would have to be considered day care is allowed on Lot 7D, Scherman Heights PUD. Daycares are
conceptual in nature. The original plan shows a large “big box” retail required by the State of Arkansas to have a play area.
store on Lot 1. There is a note on the plan that states, ”Building
dimensions/locaOons are representaOonal, not required in this
configuraOon. Due to the nature of the final development plan that S I T E P L A N R E V I E W -‐
allows lot subdivision, drive reconfiguraOon, easement re-‐locaOons, D E V E L O P M E N T R E V I E W
etc. the Final Development Plan must be considered the controlling 575 Club Lane was given site plan approval on March 21, 2007. It was
document and the approved site plan “conceptual”. The conceptual approved in accordance with then current site plan review
site plan shows a 35 foot setback area with green space along Lot 7. regulaOons. Site plan review was superseded by development review
This area totaled into the required 20% overall green space in September 2007. As the City’s first aèmpt at site specific
requirement. However, the final development of 575 Club Lane does development control, site plan review was basic without many of the
include over 20% green space without this area in the total. current development review regulaOons.
Per2nent Regula2ons from 2007 Site Plan Review
Z O N I N G O R D I N A N C E Y A R D ,
H E I G H T , S E T B A C K , D E F I N I T I O N S , • No unpainted concrete precision block walls
E T C R E G U L A T I O N S • Avoid square box like structures through various methodologies
QuesOons have been raised about various regulaOons of the zoning to vary wall materials, offsets, windows, etc.
ordinance including the definiOon and regulaOon of yard, child care, • Metal siding may not dominate the main facade
and general development: • Avoid large blank, unarOculated wall surfaces.
Yard • A maximum of 85% of the site may be impermeable.
• Mechanical equipment, trash enclosures and outdoor storage of
According to the City of Conway Zoning Ordinance, "yard" is defined
material and equipment shall be screened if visible from the
as the following:
highway/street right of way or from residenOal property.
“Yard: An open space at grade between a building and the adjoining
lot line, unoccupied and unobstructed by a porOon of a structure from • A minimum of a 6 foot wide landscaped area shall be provided
the ground upward, except where otherwise specifically provided in along the property lines abu]ng a public street, exclusive of
this Ordinance that the building or structure may be located in a street rights of way. A minimum of a four feet wide landscaped
porOon of a yard required for main buildings. In measuring a yard for area shall be provided along interior lot lines.
the purpose of determining the width of the side yard, the depth of • Trees shall be planted in the six foot landscaped area at a raOo of
the front yard, or the depth of the rear yard, the shortest horizontal one tree per thirty feet of the front property line.
distance between the lot line and the main building shall be used.” An examinaOon of the approved site plan (Exhibit E) shows that the
above regulaOons were met and or exceeded. The lack of trees along
More parOcularly, a rear yard is defined:
the west property line is explained. Trees were only required along
“Yard, Rear: The required area of open space extending across the full
the street frontage landscape area. Newer development standards
width of the lot between the rear most main building and the rear lot
require trees along the enOre perimeter of a commercial property.
line, the depth of which shall be the least distance between the rear
lot line and the rear of such building.”
N O I S E O R D I N A N C E
6
The Conway noise ordinance, O-‐92-‐42, speaks of singing, shouOng, simple grass strip 4 feet wide would meet regulaOons. On July
yelling, whistling, etc. on public streets...or at any Ome or place so as 24, 2013, Planning Staff was no2fied that the 4 foot green strip
to disturb the quiet or comfort of persons in any office, hospital, or in has been constructed and is now in place.
any dwelling, hotel, or other type of residence...shall be prohibited.
Course of Ac2on
This ordinance could possibly be applicable to the playground. An
opinion by the City Aòrney as to the intent of the ordinance would The 2 (3) infracOons listed above should be examined by the City
be needed as the language is not clear. Council. Per PUD regulaOons the Council may:
A. Allow as is
D R A I N A G E B. Require revisions to the Final PUD Plan
The site plan (Exhibit E) shows a drainage swale along the west side of C. Take any other reasonable acOon to ensure appropriate
the property. The City Engineer was asked if the placement of the development.
playground has adversely affected the flow of water through the area.
To his knowledge, there has been no report of ponding or flooding InfracOon 3 is the most directly related to the playground. CorrecOve
issues on surrounding properOes. There is a floodway easement along measures or Final PUD plan revisions for items 1 and 2 will not
the north side of 575 Club Lane. This area may not have structures directly affect the playground.
placed in it.
Outside of City Council acOon, the owner or lessees, as good
neighbors, could do one of the following:
C O D E E N F O R C E M E N T
There do not seem to be any violaOons of any zoning or city codes. • Pediatrics Plus could relocate the playground to the south side of
the building. The area is smaller, but it would be between two
commercial business. The state requirement is 75 square feet per
A R K A N S A S C H I L D C A R E L I C E N S I N G child while in the play area. The exisOng size, 3500 square feet
R E G U L A T I O N S could allow 46 children. It is doubuul that many children will be
The City does not oversee or enforce any Arkansas child care on the playground at one Ome. Therefore, the play area could
regulaOons. The Arkansas DHS Minimum Licensing Requirements for possibly be reduced. This would somewhat help with a reducOon
Child Care Centers SecOon 901 play area regulaOons: in noise. A relocaOon to an area in front of the building would
Layout and Design offer the highest level of privacy, however this would reduce the
1. The play area shall be enclosed and provide at least 75 available number of parking spaces.
square feet per child present on the playground at anyOme. • An 8 foot tall privacy fence could be constructed. This fence
2. There shall be an outside exit from the play area. would not help with noise, but would at least offer a higher level
3. The area shall be well drained. of privacy. There is direct visual contact between the children on
the playground and anyone in the Windcrest backyards.
There could possibly be issues with drainage of the play area that
need correcOng. Also the low brick fence could be seen as a security
risk. Arkansas DHS must make these determinaOons.
S U M M A R Y
There is no one clear cut resoluOon to the disrupOve noise and visual
intrusion of the playground at 575 Club Lane. On it’s most base land
use level, the playground is allowed.
There appears to be 3 possible violaOons of the PUD Final
Development Plan:
1. One story building -‐ The south side of the building has a
mezzanine. The other secOon does not. Both sides are externally
the same height. The rear facade of the building facing Windcrest
is by appearance, a one story.
November 2012
2. Siding Materials -‐ The building met then current site plan review
standards. The Scherman Heights PUD Architectural Review
Commièe interpreted the PUD final development plan’s siding
specificaOons to allow architectural metal siding, but only 10%
vinyl or painted wood. A literal reading of the Final Development
Plan would limit any siding, metal, wood, vinyl, etc to 10% of the
facade area. A literal reading would prescribe 90% brick.
3. Landscape Strip -‐ SecOon 1101 of the Zoning Ordinance as of
March 2007, “Site Plan Review”, standards require a landscaped
area at the rear of the property; "Landscaping along property
lines: Landscape areas required -‐ a minimum of a four foot wide
landscaped area shall be provided along all interior lot lines
(those not abu]ng a public street)." The playground behind the
structure is covered with rubber mats. These mats encroach into
the required 4 foot landscaped area. By these same standards, a November 2012
7
Exhibit A -‐ Original Scherman Heights
Final Development Plan
Overall and Lot 7 Specific
Exhibit B -‐ 2005 Amendment to the Scherman

Heights Final Development Plan 8
1 Attachment, 5 KB
Planning Commissioners:
I'm forwarding Mr. Rankin's response letter. Mr. Rankin is the developer of Scherman Heights PUD.
Bryan
Bryan Patrick
Director of Planning and Development
1201 Oak Street
Conway AR 72032
501-450-6105
www.conwayplanning.org
www.cityofconway.org
Begin forwarded message:
From: "Jim Rankin, Jr." <jrankin@trinitydevelopmentinc.com>

Subject: scherman heights
Date: December 13, 2012 9:25:29 AM CST
To: <Bryan.Patrick@cityofconway.org>
Bryan:
'
''''''''''''''''As'I'mentioned'to'you'earlier,'I'will'not'be'able'to'attend'the'Planning'Commission'Meeting'on'December'
17th.
'
''''''''''''''''I'have'read'your'comments'to'Mr.'Ryan'regarding'his'concerns'and'I'believe'that'you'and'Attorney'
Murphy'are'correct'in'your'interpretation'of'the'issues.'''I'would'think'that'the'Planning'Commission'can'follow'
your'interpretation'of'the'PUD'rezoning'and'deny'any'of'the'requests'by'Mr.'Ryan.''I'reviewed'the'PUD'restrictions'
again'at'length'and'believe'the'zoning'for'lot'7'does'allow'the'use'for'which'the'lot'is'currently'being'used.
'
''''''''''''''''I'recently'received'the'letter'from'Kent'Holder'and'felt'that'I'needed'to'address'a'couple'of'his'issues'since'
I'believe'he'is'incorrect'in'some'of'his'assertions.'
'
''''''''''''''''The'issues'Mr.'Holder'addresses'concerning'the'height'and'twoKstory'restrictions'were'dealt'with'at'the'
time'of'construction'of'the'building.''Mr.'Holder'contacted'myself,'Mr.'Salter'and'the'city'concerning'his'concerns'
and'all'were'addressed'at'that'time.''I'am'not'sure'why'he'is'bringing'them'back'up'now.
'
''''''''''''''''The'architectural'control'committee'for'the'PUD'reviewed'the'building'plans'for'Lot'7D'prior'to'
construction.''The'plans'showed'the'height'of'the'building'to'be'less'than'28'feet'and'it'is'my'understanding'in'
talking'with'Mr.'Salter'that'the'building'was'built'to'plans.''Mr.'Holder'says'that'the'building'exceeds'this'height.''I'
have'not'taken'a'tape'measure'to'it,'so'I'have'to'rely'on'the'plans.
'
''''''''''''''''I'agreed'not'to'allow'twoKstory'buildings'along'Windcrest'due'to'the'fact'the'neighbors'did'not'want'
people'in'a'twoKstory'building'looking'down'into'their'yards,'and'they'did'not'want''a'tall'building'overshadowing'
their'yards.''The'35'foot'setback'(not'dedicated'green'space)'was'added'to'the'PUD'for'this'overshadowing'
concern.''The'building'meets'the'35'foot'setback'and'does'not'have'a'window'on'a'second'floor'that'would'permit'
people'to'look'out.'
'
''''''''''''''''The'restriction'of'no'more'than'10%'siding'material'or'painted'wood'is'for'aesthetic'purposes.''The'
architectural'control'committee'again'reviewed'the'plan'with'respect'to'this'issue'and'interpreted'the'PUD'to'
permit'this'type'of'construction.''Although'I'do'not'believe'gable'material'should'be'taken'into'account'for'this'
measurement'(much'like'we'do'not'take'into'account'the'roofing'material'when'deciding'this'measurement)'the'
type'of'gable'covering'used'by'Mr.'Salter'is'an'architectural'metal'covering'which'I'view'as'being'different'from'
vinyl,'wood'or'normal'sheet'metal'type'covering.''I'believe'the'city'has'made'this'distinction'before'when'
determining''if'a'metal'covering'violates'the'“metal'building”'restriction'in'some'of'the'zoning'areas'in'the'city.
'
''''''''''''''''Lastly,'there'are'only'3'dedicated'green'areas'within'the'PUD,'Lots'9,'7A'and'3.''The'plan'does'not'
specifically'dedicate'any'other'area'within'the'PUD'to'be'green'space.''The'plan'does'require'that'a'minimum'of'
20%'of'each'individual'lot'will'be'green'space.''It'does'not'say'where'this'green'space'has'to'be.'''It'does'not'say'the'
35'foot'setKback'area'has'to'be'green'space.''I'will'leave'the'interpretation'of'green'space'up'to'the'planning'
department.''I'do'know'that'lots'9,'7A'and'3'do'not'only'have'grass'and'trees.''The'brick'entrance'signs,'sidewalks,'
utility'boxes,'ponds,'water'intake'structures'and'fountains'are'all'located'within'these'green'areas.
'
''''''''''''''''I'hope'this'letter'will'help'the'planning'commission'should'feel'that'they'needed'the'perspective'of'the'
developer.''If'you'have'any'questions,'please'do'not'hesitate'to'contact'me.
'
Sincerely
Jim
'
'
'
Jim Rankin, Jr.
Attorney at Law
President, Trinity Development Co. Inc.
P.O. Box 1735
Phone: 501.336.0050
Fax: 501.329.4962
Email: jrankin@trinitydevelopmentinc.com
'
Exhibit C -‐ Jim Rankin Email Leaer -‐ December 2012

9
Exhibit D-‐ Green Space Calcula2on
10
Exhibit E-‐ Approved Site Plan
11
Exhibit F-‐ Scherman Heights PUD
Approved Conceptual Site Plan
12
Exhibit F -‐ Scherman Heights PUD
Approved Conceptual Site Plan Notes
13
FIBERGLASS
PREFINISHED SHINGLES
METAL SIDING
ALUMINUM
STOREFRONT
CENTER SCORED
CMU
FACE BRICK
ALUMINUM PREFINISHED
STOREFRONT METAL GIUTTERS
EAST ELEVATION
& DOWNSPOUTS
1
1/4" = 1'-0"
FIBERGLASS FIBERGLASS
SHINGLES SHINGLES
PREFINISHED PREFINISHED
METAL GIUTTERS METAL GIUTTERS
& DOWNSPOUTS & DOWNSPOUTS
PREFINISHED
METAL ROOF
LAMINATED
WOOD BEAMS
STEEL COLUMNS
ALUMINUM ALUMINUM
STOREFRONT STOREFRONT
2 SOUTH ELEVATION 3 NORTH ELEVATION

1/4" = 1'-0" 1/4" = 1'-0"
4 WEST ELEVATION Exhibit G -‐ 575 Club Lane Building

1/4" = 1'-0"
Eleva2ons
c Drawing Property of H+W Architects PLLC 2006
Exhibit H -‐ 575 Club Lane Building

New 4 Foot Green Strip -‐ July 2013
14
B-12

AN ORDINANCE AMENDING THE CONWAY ZONING DISTRICT BOUNDARY MAP REFERENCED IN

SECTIONS 201.1 AND 201.3 OF THE CONWAY ZONING CODE TO REZONE PROPERTY LOCATED
AT 931 FAULKNER STREET, FROM O-3 to C-1:
Whereas, in accordance Arkansas Code Annotated § 14-56-416 has adopted a Zoning

Code and Arkansas Code Annotated § 14-56-423 provides for the amendment of such regulations;
and
Whereas, Proper public notice was given, and the Conway Planning Commission held a
duly authorized public hearing on August 21st, 2023, and adopted the amendments.

ARKANSAS THAT:
Section 1: The Zoning District Boundary Map of the Conway Land Development Code be
amended by changing all the O-3 symbols and indications as shown on the Zoning District
Boundary Map in an area described as follows:
LOTS 17, 18, 19, AND NORTH 1/2 OF LOT 20, BLOCK 25, ROBINSON'S PLAN, TO
THE CITY OF CONWAY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK A, PAGE 46, RECORDS OF FAULKNER COUNTY, ARKANSAS.
to those of C-1, and a corresponding use district is hereby established in the area above described
and said property is hereby rezoned.
Section 2: All ordinances in conflict herewith are repealed to the extent of the conflict.
PASSED this 12th day September 2023.
Approved:
___________________________
Attest:
__________________________
Michael O. Garrett
1111 MAIN STREET • CONWAY, AR 72032
(501) 450-6105 • planningcommission@cityofconway.org
MEMO

Re: Request to rezone property located at 931 Faulkner Street, from O-3 to C-1
Brent Salter, has requested to rezone property located at 931 Faulkner Street, from O-3 to C-1, with the
legal description:
LOTS 17, 18, 19, AND NORTH 1/2 OF LOT 20, BLOCK 25, ROBINSON'S PLAN, TO THE CITY OF
CONWAY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK A, PAGE 46, RECORDS
OF FAULKNER COUNTY, ARKANSAS.
The applicant is seeking the rezoning from O-3 to C-1 to be more in line with the zoning of adjacent
properties and appropriate uses as C-1 zoning currently exists to the south and east. The Comprehensive
Plan defines this area as Single Family, however, non-residential zoning exists on three sides of this
parcel.
Staff recommendation: Staff recommends approval of the rezoning. The proposed zoning would be
consistent with and would not negatively impact adjacent property.

B-13


SECTIONS 201.1 AND 201.3 OF THE CONWAY ZONING CODE TO REZONE PROPERTY LOCATED AT 203
SECOND STREET, FROM R-2 TO MF-3:
Whereas, in accordance Arkansas Code Annotated § 14-56-416 has adopted a Zoning Code and
Arkansas Code Annotated § 14-56-423 provides for the amendment of such regulations; and
Whereas, Proper public notice was given, and the Conway Planning Commission held a duly
authorized public hearing on August 21st, 2023, and adopted the amendments.

ARKANSAS THAT:
SECTION 1: The Zoning District Boundary Map of the Conway Land Development Code be
amended by changing all the R-2 symbols and indications as shown on the Zoning District Boundary Map
in an area described as follows:
THE WESTERN 70 FOOT PORTION OF LOTS 1-7, BLOCK 15, R.L. HAYES ADDITION TO THE
CITY OF CONWAY, FAULKNER COUNTY, ARKANSAS.
to those of MF-3, and a corresponding use district is hereby established in the area above described and
said property is hereby rezoned.
SECTION 2: All ordinances in conflict herewith are repealed to the extent of the conflict.
PASSED this 12th day September, 2023. Approved:
___________________________
Attest:
__________________________
Michael O. Garrett
MEMO

Re: Request to rezone property located at 203 Second Street, from R-2 to MF-3
Brent Salter, has requested to rezone property located at 203 Second Street, from R-2 to MF-3, with the
legal description:
THE WESTERN 70 FOOT PORTION OF LOTS 1-7, BLOCK 15, R.L. HAYES ADDITION TO THE
CITY OF CONWAY, FAULKNER COUNTY, ARKANSAS.
The applicant is seeking the rezoning from R-2 to MF-3 to construct a multi-unit residential structure with
garages. The site is currently platted as 12,250 sf (±0.28 acre). It is anticipated that after required right-of-
way dedication the remaining developable area will be ≤11,050 sf (±0.25 acre). A rezoning to MF-3 could
accommodate up to 6 dwelling units on the site with the acreage identified. The property adjacent to the
west, across Second Ave, is similarly developed.
Staff recommendation: Staff recommends approval of the rezoning. The proposed zoning would not likely
result in harm to adjacent property once developed.
The Planning Commission reviewed the request at its regular meeting on August 21, 2023 and voted 10-0 that
the request be forwarded to the City Council with a recommendation for approval.

B-14


POLK STREET, FROM R-2A TO R-2:

ARKANSAS THAT:
amended by changing all the R-2A symbols and indications as shown on the Zoning District Boundary Map
LOT 7 AND THE EAST 1/3 OF 8, BLOCK 4, HARKRIDER ADDITION TO THE CITY OF CONWAY,
FAULKNER COUNTY, ARKANSAS.
to those of R-2, and a corresponding use district is hereby established in the area above described and
___________________________
Attest:
__________________________
Michael O. Garrett
MEMO

Re: Request to rezone property located at 523 Polk Street, from R-2A to R-2
Allen Shaver, has requested to rezone property located at 523 Polk Street, from R-2A to R-2, with the legal
description:
LOT 7 AND THE EAST 1/3 OF 8, BLOCK 4, HARKRIDER ADDITION TO THE CITY OF CONWAY,
FAULKNER COUNTY, ARKANSAS.
The applicant is seeking the rezoning from R-2A to R-2 to remove the existing structure and construct a
duplex on the lot. This rezoning to R-2 will conform with lot width standards as minimum lot width for a
duplex in R-2A is 100’, but in R-2 is 50’. The current lot width of this parcel is roughly 67’. The property is
adjacent to R-2 property to the east.
Staff recommendation: Staff recommends approval of the rezoning as adjacent structures are of similar
use and R-2 zoning.

B-15


POLK STREET, FROM R-2A TO R-2:

ARKANSAS THAT:
amended by changing all the R-2A symbols and indications as shown on the Zoning District Boundary Map
LOTS 1 AND 2, BLOCK 4, HARKRIDER ADDITION TO THE CITY OF CONWAY, FAULKNER

COUNTY, ARKANSAS.
to those of R-2, and a corresponding use district is hereby established in the area above described and
___________________________
Attest:
__________________________
Michael O. Garrett
MEMO

Re: Request to rezone property located at 505 Polk Street, from R-2A to R-2
Allen Shaver, has requested to rezone property located at 505 Polk Street, from R-2A to R-2, with the legal
description:
LOTS 1 AND 2, BLOCK 4, HARKRIDER ADDITION TO THE CITY OF CONWAY, FAULKNER

COUNTY, ARKANSAS.
The applicant is seeking the rezoning from R-2A to R-2 to construct a duplex on the vacant lot. This
rezoning to R-2 will conform with lot width standards as minimum lot width for a duplex in R-2A is 100’,
but in R-2 is 50’. The current lot width of this parcel is roughly 64’. The property is adjacent to R-2
property to the west.
Staff recommendation: Staff recommends approval of the rezoning as adjacent structures are of similar
use and R-2 zoning.

B-16


ALLYSON LANE, FROM O-2 TO O-1:

ARKANSAS THAT:
amended by changing all the O-2 symbols and indications as shown on the Zoning District Boundary Map
LOT 3, TUCKER CREEK PROFESSIONAL PARK
to those of O-1 and a corresponding use district is hereby established in the area above described and
___________________________
Attest:
__________________________
Michael O. Garrett
MEMO

Re: Request to rezone property located at 2730 Allyson Lane, from O-2 to O-1
David Tapp, has requested to rezone property located at 2730 Allyson Lane, from O-2 to O-1, with the
legal description:
LOT 3, TUCKER CREEK PROFESSIONAL PARK
The applicant is seeking the rezoning from O-2 to O-1 for the construction of a parking lot to provide
additional parking for Pediatrics Plus. A parking lot as a principal use is not allowed in O-2 but is allowed
by right in O-1. There is a need for additional parking in this area as cars currently park on-street, causing
safety issues for individuals and vehicles.
Staff recommendation: Staff recommended approval of the rezoning as it is an appropriate use for the area
and the Comprehensive Plan defines this area as Office.
The Planning Commission reviewed the request at its regular meeting on August 21, 2023 and voted 10-0 that
the request be forwarded to the City Council with a recommendation for approval.

B-17


SECTIONS 201.1 AND 201.3 OF THE CONWAY ZONING CODE TO REZONE PROPERTY LOCATED
AT 450 CORPORATE DRIVE, FROM I-3 AND PUD TO S-1:
Whereas, in accordance Arkansas Code Annotated § 14-56-416 has adopted a Zoning

Code and Arkansas Code Annotated § 14-56-423 provides for the amendment of such regulations;
and
Whereas, Proper public notice was given, and the Conway Planning Commission held a
duly authorized public hearing on August 21st, 2023, and adopted the amendments.

ARKANSAS THAT:
Section 1: The Zoning District Boundary Map of the Conway Land Development Code be
amended by changing all the I-3 & PUD symbols and indications as shown on the Zoning District
Boundary Map in an area described as follows:
PART OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE

13 WEST, FAULKNER COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2” PIPE, AT THE SOUTHEAST CORNER OF SAID

SOUTHEAST QUARTER; THENCE N02°02'52"E A DISTANCE OF 822.02 FEET TO THE
POINT OF BEGINNING; THENCE N88°04'51"W A DISTANCE OF 1411.01 FEET TO A
POINT; THENCE N01°55'09"E A DISTANCE OF 790.41 FEET TO A POINT; THENCE
S87°38'36"E A DISTANCE OF 62.98 FEET TO A POINT; THENCE N03°29'24"E A
DISTANCE OF 80.02 FEET TO A FOUND 5/8” REBAR; THENCE S87°38'36"E A
DISTANCE OF 1319.91 FEET TO A FOUND 5/8” REBAR (W/CAP, PS#1755); THENCE
S02°07’09”W A DISTANCE OF 296.78 FEET TO A POINT; THENCE S87°57’40”E A
DISTANCE OF 28.29 FEET TO A FOUND RAILROAD SPIKE; THENCE S02°02'59"W A
DISTANCE OF 563.00 FEET TO THE POINT OF BEGINNING, CONTAINING 27.73
ACRES, MORE OR LESS.
SAID TRACT BEING SUBJECT TO ALL RIGHTS OF WAY, COVENANTS, EASEMENTS

AND RESTRICTIONS ON RECORD OR PHYSICALLY IN PLACE.
to those of S-1, and a corresponding use district is hereby established in the area above described
and said property is hereby rezoned.
___________________________
Attest:
__________________________
Michael O. Garrett
MEMO

Re: Request to rezone property located at 450 Corporate Drive, from I-3 & PUD to S-1
Crafton Tull, has requested to rezone property located at 450 Corporate Drive, from I-3 & PUD to S-1, with
the legal description:
PART OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 5 NORTH, RANGE 13 WEST,

FAULKNER COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND 2” PIPE, AT THE SOUTHEAST CORNER OF SAID SOUTHEAST

QUARTER; THENCE N02°02'52"E A DISTANCE OF 822.02 FEET TO THE POINT OF BEGINNING;
THENCE N88°04'51"W A DISTANCE OF 1411.01 FEET TO A POINT; THENCE N01°55'09"E A
DISTANCE OF 790.41 FEET TO A POINT; THENCE S87°38'36"E A DISTANCE OF 62.98 FEET TO
A POINT; THENCE N03°29'24"E A DISTANCE OF 80.02 FEET TO A FOUND 5/8” REBAR; THENCE
S87°38'36"E A DISTANCE OF 1319.91 FEET TO A FOUND 5/8” REBAR (W/CAP, PS#1755);
THENCE S02°07’09”W A DISTANCE OF 296.78 FEET TO A POINT; THENCE S87°57’40”E A
DISTANCE OF 28.29 FEET TO A FOUND RAILROAD SPIKE; THENCE S02°02'59"W A DISTANCE
OF 563.00 FEET TO THE POINT OF BEGINNING, CONTAINING 27.73 ACRES, MORE OR LESS.
SAID TRACT BEING SUBJECT TO ALL RIGHTS OF WAY, COVENANTS, EASEMENTS AND
RESTRICTIONS ON RECORD OR PHYSICALLY IN PLACE.
The applicant is seeking the rezoning from I-3 and PUD to S-1 to accommodate a more appropriate
Community Center space zoning.
Staff recommendation: Staff recommends approval of the rezoning as the rezoning would not likely result
in harm to adjacent property and would likely complement the surrounding neighborhoods being a civic
space.
The Planning Commission reviewed the request at its regular meeting on August 21, 2023 and voted 10-0 that the
request be forwarded to the City Council with a recommendation for approval.

C-1

Ordinance No. O-23- ___
AN ORDINANCE APPROPRIATING FUNDS; AND FOR OTHER PURPOSES
WHEREAS, the Conway Fire Department requests $2,750 for the use of purchasing a smart
board for the training room at Central Station, and;
WHEREAS, funds in the amount of $2,750 were received from Walmart to be used for such
purpose; and

ARKANSAS THAT:
Section 1. The City of Conway shall appropriate $2,750 from the General Fund Revenue
Donation Account (001.131.4705) to the Fire Department Accountable Equipment Account
(001.131.5650);
PASSED this the 12th day of September, 2023

APPROVED:
___________________________
ATTEST:
_________________________
Michael O. Garrett
C-2

Ordinance No. O-23-____
AN ORDINANCE APPROPRIATING FUNDS FOR THE CONWAY FIRE DEPARTMENT AND FOR
OTHER PURPOSES
Whereas, the Conway Fire Department requests $7,136 for the use of repairing Rescue
1 from damages incurred during accidents; and
Whereas, funds in the amount of $7,136 were received from the Municipal Insurance
Program for such reasons.

ARKANSAS THAT:
Section 1. The City of Conway shall appropriate $7,136 from the Insurance Proceeds
Account (001.119.4360) to the Fire Department Vehicle Maintenance Operating Account
(001.131.5450).

Approved:
___________________________
Attest:
_________________________
Michael O. Garrett

September 12 2023 City Council Agenda REVISED

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September 12 2023 City Council Agenda REVISED

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Elected Officials

City of Conway, Arkansas Mayor Bart Castleberry

Agenda • September 12th, 2023 Ward 1 Position 1 – Andy Hawkins

2. Ordinance appropriating insurance proceeds for the Conway Fire Department.

1. Consideration to approve the retirement benefits payments as related to a retired employee.

City of Conway, Arkansas

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF CONWAY TO UTILIZE ECONOMIC

PASSED this 12th day of September 2023.

City of Conway, Arkansas

A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF CONWAY,

WHEREAS, as defined in the Act, “industry” includes manufacturing facilities, warehouses,

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CONWAY,

ADOPTED this 12th day of September, 2023.

City of Conway, Arkansas

A RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF CONWAY, ARKANSAS

WHEREAS, as defined in the Act, “industry” includes manufacturing facilities,

WHEREAS, Westrock Beverage Company, LLC, an Arkansas limited liability corporation

ADOPTED this 12th day of September 2023.

City of Conway, Arkansas

From: Felicia Rogers

B. Community Development Committee (Airport, Community Development, Code Enforcement, Permits,

3. Ordinance to approve the permit club permit for Impact Golf.

C. Public Safety Committee (Animal Welfare, Communication Emergency Operations Center,

2. Ordinance appropriating insurance proceeds for the Conway Fire Department.

TO: Mayor Bart Castleberry

CC: City Council Members

FROM: Lily Couch

DATE: September 12th, 2023

SUBJECT: Certified Liens – Code Enforcement

1. 26 Brierwood Cir $147.89

2. 602 5th St $147.89

3. 2620 Donaghey Ave. $218.06

Please advise if you have any questions.

Thank you for your consideration.

ADOPTED this 12th day of September, 2023.

RE: Nuisance Abatement at 26 Brierwood Circle., Conway AR

To whom it may concern:

1. Consideration of the cost of the clean-up of your real property.

822 Locust St.

TO ELIZABETH M. JACKSON Description: Mowing/Clean-up/Admin Fees

CODE ENFORCEMENT OFFICER PARCEL NUMBER PAYMENT TERMS DUE DATE

Michael Davis 710-09038-000 September 12th, 2023

HOURS DESCRIPTION UNIT PRICE LINE TOTAL

Maintenance Fee (Mower/bush hog/weed eat) 25.00 25.00

1 Administrative Fee (Code Enforcement) 20.00 20.00

(10% penalty + $30.00 filing fees= $40.72)

• Total amount due after September 12th, 2023 TOTAL

Changed On User Description Before After Additional Info

07/13/2023 Michael Davis Code Case added Code Case (RESPROP-0723-0488)

August 30, 2023 1111 Main Street Conway, AR 72032 Page 1 of 2

Changed On User Description Before After Additional Info

August 30, 2023 1111 Main Street Conway, AR 72032 Page 2 of 2

ADOPTED this 12th day of September, 2023.

SELECT PORTFOLIO SERVICING

RE: Nuisance Abatement at 602 5th St., Conway AR

To whom it may concern:

1. Consideration of the cost of the clean-up of your real property.

822 Locust St.

TO Select Portfolio Servicing Description: Mowing/Clean-up/Admin Fees