Planning Commission - Regular Meeting

First plan commission of 2026. Thank you for being here. We'll begin tonight with a pledge of allegiance and then invocation. If you will please rise and with me and join me in the pledge of allegiance to the flag of the United States of America. to the reps one nation under God indivisibley and justice for all.

Let us pray. Heavenly Father, we thank you for your grace and uh your mercy you give us every single day. We thank you for this past year. You've uh blessed us with perhaps ups and downs uh long journeys, obstacles, but you've allowed us to manage to go through 2025 and we you've uh allowed us to go on to 2026. We ask for your clarity, your growth for the great city of Springdale here and the well-being and safety of all the residents uh of Springdale and our great nation, the US. Um we ask for guidance as we embark on these agendms in this agenda here tonight. ask for guidance and the best decisions for for our citizens here in Springdale and just give us wisdom, continue for our protection for everybody that is represented here tonight, all the families and we thank you for your grace again and your mercy. We give you all the praise and all the glory in Jesus name. Amen.

Thank you for that. So, we'll be calling the to order this meeting January 6, 2026. Uh can we have a roll call? Bren Couch here. Chris Hussein here. Clement Ooni. Garrick Harland here. Howard Austin. Jennifer Keys here. Mark Cloud here. Ray Cordial here. Teresa Reynolds here. Approval of minutes. This will be call for the vote. Call for the vote.

Thank you. Passes 70. First up is uh well before we start uh items that have been tabled tonight is uh B26-02 uh Valor volleyball and B26-05 McDonald's restaurant. Both of those have been tabled for the night. We'll hear them at next meeting. First up on the agenda, items tabled last meeting. First one is B25-109, Melinda and David Brown. This is a variance request for reduction of front setback from 30 foot to 20. Increase front fence heist from 3T to six presented by Melinda and David Brown. Hello. How are y'all?

I'm fine. How are you? I wasn't under I didn't understand how I'm supposed to present anything, but um so um we're requesting a variance um or a setback, an allocation to the setback from 30 foot to 20 foot. It it's they had us put on there that we were asking to um increase the fence height from 3T to 6T, but our fence already six foot. It's um I guess it's in the guidelines that any frontfacing fence is supposed to be um three foot, but our front facing fence is actually Yeah, you have a corner lot which complicates things.

It's actually already six foot. So um uh and it's for a pool project. We actually have um a very a corner lot. So a large percentage of our backyard is actually our sideyard. And so that's what we were requesting that for. Very good. Thank you. Any staff comments?

No, that city ordinance requires a 4ft fence around a pool minimum. So, they have to go to four at least. Correct. Thank you for that. Any public comments regarding this request? Commissioners, any questions for the applicants? F9. This will be called for the vote. Call for the vote. Thank you.

Sorry, we have a little bit technical difficulty with the names on the the voting list. passes 70, but we're not sure who voted for it. I know you are. Your request pass. Y'all can go sit down. Thank you. Thank you.

Next up is uh public hearing reszoning. First item is R25-51 Perez Construction LLC. Uh this is a request to reszone from also uh within that there's a preliminary plat asked to approve and also a waiver of street improvements on North Oak. This is presented by Ferdinand Furry.

Hi, I'm Ferdinand Fry. Um yes, this is a request to reszone it to a PUD to allow for a 40 lot single family subdivision. Um included also as a waiver for street improvements along North Oak which just essentially applies the cost of those improvements to be applied towards the improving the drainage uh crossing at Norfolk currently there. Thank you. staff comments.

So, for this project, we have the resoning, the preliminary plat, and the waiver. Um, I'll go ahead and get staff comments for um the reasonzoning, but I would like to walk through the project a little bit and just talk about um a few of the elements. Sure.

So, for this PUD, this project is a conventional single family neighborhood, but those 40 foot lot width is what requires this PUD zoning. Um staff comments is that the proposed resoning is consistent with both the current surroundings projected land uses in this area. The resoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Protect the positive aspects of neighborhood character throughout the city. Appropriate locations for single family and multi- residential development should be provided based on accessibility, site suitability, utility availability, neighborhood compatibility, and environmental factors. Um, and with the PUD development plan that laid out that laid this project out, I I have a couple comments for the development plan itself. Um, so for the exterior materials, I just want to note that staff is encouraging no vinyl, non-combustible materials. Um, it is it's not a requirement, but it's a strong encouragement from the city. Um, you mentioned the last revision mentioned a playground in the common area. So, if we have that, we need to call it out on the plat, provide spec sheet or comparable products so we know what it's going to be. um the mention of walking trails if that's going to be put on the plat and the details um and if there's a monument sign the size and the materials um and revised covenants that go um along with this and then I think later we'll get to comments for the preliminary plat and and the waiver um

you want to walk through the project a little bit before Sure.

So tell us a little bit about this party. Okay. So, as far as this walking trails, you know, we we want to keep it natural habitat conservation area and so we don't have plans to do any paved parking or or walking trails or anything like that. Um, so, uh, the playgrounds, yeah, we can add some more specification as far as that go. Uh, we we considered some things like pickle ball court boards, but we'll have to see how that fit in on which lot we'll put that actually. And um the monument sign uh you know it'll it'll be a landscape uh entry sign. It won't be anything excessive that you know we'll I believe would maybe require a separate permit on I don't know.

And for this development just to give a little overview. So we have 30 35 lots that are at the zero lot line use unit 9. Um then five lots with um a standard layout. Um the homes themselves minimum 1600 square feet. Um 35 of these lots are rear loaded with garages served by the alleys and the five lots are street facing with facade and garages. Um each home is required to have two covered garage spaces, two off- streetet driveway spots. U there's 48 on street parking spaces, 128 total. So you meet parking uh common open space you meet 15% minimum, you're at a little over 25%. Um you meet the minimum size for the pud. Um the density itself of this with 40 lots on 11.92 acres is 3.36 units um an acre. The use of this is just residential use eight and nine. So standard single family lots and um zero lot lines. And I would like to um talk about the street improvements Oak Street and some of um some of the drainage stuff as well. Walk through some of those elements.

Yeah. So, North Oak Street is is shown as a collector on the master street plan, but I think we all know it functions more like a local. It's very narrow. Um, with this project, widening curb, gutter, sidewalk would be required for the full length of this property. The development team has proposed to instead of doing all of those improvements, do just the street widening on the southern portion and then take what you know they would have spent on the rest of those improvements to contribute to upsizing the box coververt under Oak Street since we know that it is very undersized. Um it floods often um and this would be in partnership with the city. So really this waiver request tonight is just kind of the the concept of a partnership um and using that street improvement money for drainage improvements. All of the details and costs would have to be worked out with city council of course. Um and I guess if if a a no vote would be all improvements would need to be built. I think there was a handout that was given you today with an updated letter that just kind of outlined some of these some of these engineering details.

The width would be a minimum of 24 foot along the entire strength. So we would still widen it cuz currently it's about 20 to 22t and we'd still make it at least 24T wide for the entire length and then we would do a ditch as instead of a curb and gutter with underground uh um drainage. And all of that savings would be applied towards the improving the crossing. And since that covert is half on their property, half on the next property, it would be something that the city um would look at partnering with so we can get it done.

Any other comments from staff regarding either the waiver, the the street improvements or any other You want to get the plat or Yes, let's do the plat. Let's do the whole thing. Okay. Yes. Want to go through all comments and then take all the votes together. Okay. Well, we'll do all comments, then do public comment, and then we'll do commissioner comments.

I had a few on the development plan, just some wording changes. Um, in section E, curbs and streets, does this, it's it's talking about driveway expansions. Does this apply to both rear and front load lots? For the rear load lots, there really wouldn't be a street cut because there's no standard curb and gutter. So, we just need to clarify our words there. And whether driveway expansions are allowed only in the front, in the back, you know, just those kinds of details. Are corner lots 23 and 24, those are two of those standard ones, are they allowed to have access to street one, which would be their sideyard? Are there any restrictions to how the rear access easements can be used by the residents other than access of course, for example, would they be allowed to fence in that area up until the alley? Would they be allowed to have a porch, patio, landscaping, etc. And then we need to include details about how the private alleys are to be maintained by the association. And I'll go into plaque comments. Does the storm system need to be extended north to pick up drainage from the Huffman property? What is the spread in the street there? All street section shall be determined by formal design with geotechnical analysis. Provide Oak Street Geotech report with recommendations. Update the right-of-way width note on Oak Street. Proposed public street lights need to be shown in the right of way. We recommend moving the sidewalk adjacent to the parallel parking at the back of the curb or provide steps to get to the sidewalk periodically so people don't have to walk in the green space. The developer is required to improve the abuing street to city of Springdale standards in accordance with master street plan for which we have for which a waiver has been requested. provide typical sections for local road alleys and collector. Submit a flood plane development application. Um that comment is no longer applicable. I I asked for a new flood map, but I did actually get it in the flood study. We

do have flood plane on this property. There's a very large drainage way through it. Um our current flood maps in this area are quite old. So F's been working on updating this study to get us a more accurate picture of what we're actually looking at now. Um, and he has updated the plat to keep all of the residential lots outside of the flood plane. In addition to the standard planning comments, show the playground amenities on the plat. Pedestrian grade lighting proposed in the common areas with amenities is highly encouraged. Provide details on the lighting proposed along the access road on the south side of the subdivision. Considering the established single family neighborhoods to the north and the proposed wildlife habitat cons conservation area along the south, your installed lighting will need to minimize glare, reduce light trespass, and reduce light pollution as well. Revise the legends provided. Not all the line types and symbols utilized are represented in the legends. Confirm if the proposed 6-foot wooden fence extends from lot 22 to the west and then south towards common area 2. Revise the parcel area summary on sheet C2.0. It includes the common area number one, but it doesn't include the other listed common areas. Update the common area and amenity summary to include common area five. Adjust the acreage listed for each of those common areas in that chart. and revise the total acreage and percentage if necessary. Revise the private access driveway one label. The private access driveway is not marked by any arrows indicating its location on the plat.

Thank you. Any public comments regarding this resone request? If you could come up to the podium, state your name and address. Thank you. How you doing? My name is Angelo Ricardo and I represent the uh property which is roughly 326 acres that back up against the west side of this development. And we just had a couple questions with the is uh concerning the creek, the drainage that comes off of this subdivision onto our property, privacy fences that will run along there. It is still used for cattle and livestock at this moment and will continue to be for as long as the the good Lord allows. So, I think I have a couple bullet points and if they could be answered, yay or nay or however that would answer how we how we agree whether we disapprove or anything like that or if we could have anything to do about it.

The first one is the water drainage. I see on this map right here where the creek runs. Do they plan on covering the creek and putting cover in there which changes that water drainage off of that property onto our property because it will have to all the water will have to run west towards our property. Have they had that evaluated on where all that water is going to go? Is it going to run on our thing on our piece of property or our plot? because we have some historic trees up along now. Uh would it be possible to get an answer for that today or

Yes, sir. Um they are planning to keep that creek as exactly as it is and the build the houses up on the top of the bank. They're we're really trying to minimize any impact to the creek area. So, how far off the creek? Oh, I'm not sure if I can give you um an exact answer, but where we have designated that the flood plane is, all of the houses are back behind that. So, is that already documented? Yes, sir. It's in f past planning once we get past this meeting. Yes. May I take a few notes? You may. So, it's been documented as far as flood plane. Correct. Watershed, right? already.

So, I'll just call it a flood plan and drain. Right. So, they they have submitted a drainage study and a and a flood study for them. We don't The reason we have a bunch of historic trees plant property and we we plan on for the next at least 10 20 years and not even develop on it or nothing and keep it is I know there is a a preserve to the side of us which we plan on keeping. I know they plan on keeping and we would like to do the same thing but in a large much larger scale and we just have a couple problems with building that amount of house right behind off of us. Right. Yeah. And I talked to Mr. Maze on the phone a little bit about it. Correct. You represent Maze.

So, uh, the water drainage from the culvert in the creek and and they're not going to put a road over it or nothing like that. They are going to put a culvert in just for the road to cross. That's the only part. The correct is May I approach them? Sure. If it's okay with her. Katie doesn't get approached every day like this. our first sidebar. So his question um was about where the culvert let her speak to what you spoke about so it would be on record.

His question was about where the culvert would be located. Yeah. Thank you. Because our job is going to be pres our our long-term goal is to preserve the property as it is and instead of just developing everything around it. Understood. just preserving as long as humanly possible that area of property. Sure. The old Bethl Heights. Um the waterhed, she said she's got it taken care of. The the water flow. Do they have some kind of plan to slow that water down coming through there?

That's a really good question. Um we don't at this point, but I know that's been an ongoing issue in this part of the creek and then in in all of town. So, I think we could probably look at if there's something that we could do to kind of dissipate that energy, but there are no plans at this time cuz they were just going to leave it as is. So, how do we go about moving forward to have a plan to have I know I hate to say that it's not a large cost, but in the bigger scheme of things, it's a cost period to slow that water coming down because like I said, we have once you cross over that property line, there is there is hundreds of historicalsized trees documented in the state of Arkansas to be I know that don't concern y'all, but we would like to preserve them trees for the future. Absolutely. I agree with you. forced out.

Yeah. Just so you know, I think you understand this that we can't put any more Onyx on this developer to manage that water of over anyone else. And so what they're required to do is not add any issues to our already existing water flow. And so we verify that that happens. But as far as putting on them to solve water flow issues, we can't necessarily do that. Now, we could talk to them and encourage them. And maybe Katie can speak to this, but I think we're limited to some degree what improvements can be made on that that Well, I think our main concern is we don't we don't want some developer coming in and dealing with the water flow up into the property line and then anything after that, it's up to the next guy,

right? As long as y'all have have that addressed already and aware of the guy next to that that he's not just gonna dump all his water onto our property because it has been up to 10 to 12 ft, which we have 10 to 12 ft of drainage, but what happens after that? We don't if we decide to develop or build a family house down there down the line, we don't want to have it built on somewhere that could be flooded out by neighborhood behind it. Understood? So, I'm not necessarily uh rejecting the the the the subdivision all together. I just want to make sure that everything's taken care of, that we not taking on course the full blunt of every bit of drop of water because it can only the water can only move west, right?

And I know the city has worked with us on 71 with dealing with some of that water with enlarging the culverts and stuff going through there. So, it sounds like she said that they they got it there. She will look into slow mean slowing the water down. Right. So at this point we have like a really good concept of the layout but after they are approved for this meeting they will go into full design and we will get like the complete details how they bu are going to build every road, how they're going to build all the storm drains and that will all get um approved before they can start construction. If you guys want to see a copy of it, you can reach out to our office in the future. Yeah. My main concern was as long as the creek if the creek was going to get covered water diversion.

Yeah. No, we're very sensitive to this issue as well. And how far off of because we had to regress that property to put in them the the manholes all the way down the side the creek all the way through back to their property. And we just we just want to know how far off the creek are they building? They building 10 foot off the creek, 20 foot off the creek. 30 I think we're all north of the sewer line, right? Yes. So we're all the houses are north of the sewer line. It's a minimum of 30 foot off of the creek. Yes, sir. Just a couple concerns. It's it's not an objection or nothing. We

So, uh, we just wanted to make sure that there was no overflow problems and that there was a proper drainage plan in place that didn't stop at his property line and just dumped it all on us. That is correct. There is one. So, and we will be getting that in a timely manner. I don't know that it would be automatically sent out, but you could come to the office and request a copy of it. How long will we need to do that? It'll just be whenever FY gets it into us. So, um, if you want to leave us your contact info and we might be able to reach out when we get further along.

Uh, so we got that that I don't I only have like five bullet points to get over and if they all meet then I'll be fine. Uh I think one of the questions was for the manhole covers in the creepers. I think he just answer was 50 ft. How far off the sewer lines? Uh is there any way which I know this is this is uh the guy I represent. I know he just said the amount of houses. I think the amount of house may I speak openly or do I need to speak to you?

You can just speak right there and then mic. His concern is that the amount of houses the god the gentleman I represent Mr. Maze is the amount of houses and the water that is coming off of houses. But it sounds like we got that all covered into one thing water management. Correct. Correct. That's correct. And that's being taken care of. That's part of our design development oversight program process. So there is some kind of plan in place as usual. Correct. Katie does a great job. plan, not just dump it at the end of his property and then it becomes the next man's thing. And they won't be able to build any houses until they finish all of those infrastructure improvements up front, too.

Correct. Correct. Correct. And just a couple things we want to know that none know, but just to make aware and put on the record that the that 12T off of the property line, there is a natural spring there. It's no big deal. There's just a natural spring that there. It's it's just been there forever. my our one of our main concern is preserving the tree and the the the preserve because we do still run cattle back there and uh and all of that. Cattle, horses, and all of that. Um we just don't we just want to make sure that the tree roots ain't going to be washed out on every every time it rains, we back there dealing with it because there is a part on our property where we have to deal with a gate that lets water in. And that is mainly on us since it falls where it falls. It's on us to keep being replaced. So if the water volume increases, do we need to upgrade our gate and water?

You shouldn't have to. Um, so they are going to keep the drainage as similar as it is currently as possible. I can't guarantee that any of it's going to be better, but it won't be worse. Um, you know, because some of this is just part of the weather changes that we've been having as well. Um but the volume of water will increase but it will be you know over a longer period of time. So your you know your your gate shouldn't need to be increased right away. Perez's construction is aware that there is a water uh a water limitation gate you know. So I don't know that we know about that but we'll we'll definitely have to look at that and make sure make sure that it don't get washed out. Absolutely problem.

Okay. I'll make a note of that. And that we have uh the property split on that creek. Do we need to have a cattle bridge put in the amount of water that's going to change? Do we need to, you know, so our cattle could cross from? Right now, they don't really need no bridge to cross. Do we need to have a bridge put in there?

I hope you don't. I hope that they'll stay like it is and they can just keep moving how they want to out and they will go into the culver and we will lose them. Every head of cattle is thousands of dollars at grown weight. Uh the the access the city access will that continue through I'm looking right now at your plans and it shows a dead stop. May I approach who who needs to see this?

Yeah, you can come over here. I'll I'll look at it with you and we have it up on the screen as well. So the reason we have this is because we have a rule about neighborhood connectivity. So, in the future, if you guys were to decide to develop this, we could connect right on and we could have those neighborhoods connected. Or, for example, if the Huffman property to the north developed, we could connect that way. It could connect back to Monroe, but nothing. This is going to be built exactly like it is. It may not go anywhere, but it has the potential to. So, we have that. So, are y'all going to keep the access gate down? That's it. Yeah, it'll it'll it'll be um

as long as everybody's aware that we have because we have under our obligation put in access so that the city could get from 71 business through our property to the beginning of the west side of the property that you got on there. So there is a there is a gate there. Now that brings me to my next thing where everywhere else we have allowed people to to develop along the back of our property there is a there is a privacy fence. So, we was hoping that the council people, council folks would allow that approximately 557 foot of privacy fence be put there so that the back of our property don't turn into a dog walking park or you know dogs getting out, animals chasing the cows and you know because right now it's just bar wire fence for a farm because it's undeveloped. Now that it becomes developed, it'll be the end of a neighborhood up against bob wire if we could get some help with the privacy fence that run the rest. Now, this this development here that's already here, the development that's already there in the north of it, there is a privacy fence. So is if there's some way that we could work with somebody to get the privacy fence extended the the 57. Yep. There's our property which I think is about 557 feet of privacy fence continued

and and I believe his development plan actually called for installing. Um so the the northern lots um will have a 6ft privacy fence that will be installed for theirs. Um, and for the ones on the west, um, I think it's a reasonable ask that we could ask the developer if they would be willing to do a privacy fence there, too.

Yeah, I I think it's reasonable, too, because we have had problems where where animals have come through there and they've killed six or 700 calves and stuff from there just to head there. So my main concern today, I have no objection to the to the thing to it. As long as we have city access, water control, which we have, like I said about the water gate, we keep that. If it comes down, gets knocks down, too much water comes through there and over and and overflows it, we we fine with that. We've been dealing with that. But as long as that once we cross to where our property lines cross over, somebody's there to deal with and not just flowing all their water down to our property, of course,

and and onto our flood plane, which is actually right around that area. And then my last one, like I said, was the privacy fence, which I think is approximately 557 ft, which covers this whole west side of it. Now, I don't know if that'll stop anything. I'm not, like I said, I'm not objecting anything. if we come to agreement on some of this stuff, there is no problem at all because like I said, there might be there might be further in the future of us developing some of that land ourselves, you know. So, but as far as that, I think that's all the questions and objections I have and when a timeline would we would be able to get those answered before the next meeting or the approval.

So, I think we're all on the same page for the water. I think as Katie spoke to you earlier that we'll know more about the specifics of that as we get further through the design process if this is approved. Do we have a date around when there's never no who knows? They got a year. I mean so yeah cuz I was figuring this was going to be about 2028 somewhere around now. We don't know. We'll approve it and then they can work at whatever pace they want. But it'll have a year from this approval date. We're actually planning to get started on as soon as we get construction. gently said a year. Uh I'm I'm just saying the approval lasts a year. So I don't know, you know, I don't know if you've been around development northwest Arkansas, but it never goes as fast as anybody wants it to. So

yeah. So brings me back to when when is that a possible three months, two months? Oh, I would say check back every month and just say, "Hey, how's that process going?" You're going to have to be the squeaky wheel in this situation. And it sounds like you don't have a problem doing that. I just don't want the water to be forgotten about because then once that water starts coming cr rushing there as far as it is because I know on the map here but there's there's more around the map that goes around there

as far as far as that's concerned if they if they could take all that into consideration understanding that we have that property there that we are trying to preserve and that there that's a lot of water we already take the water coming off of the northern subdivision which is trash that you know it cost us about it cost about $5,000 a year just to clean the trash coming out of the northern subdivision that because of the way the law is written that we have to deal with. Not that it's written, just the way that it was approved without without insight that all the trash and stuff that comes through there for the cattle and stuff that we have now. So, uh, as I as I understand it right now, I just need to check back with y'all every month.

Correct. To see when they break ground. Correct. just stay informed. That way you're up to date on what the status and how the design is proposed. And if I have to bring it back to council members, of course. All right. I think I have every question answered I need answered. I appreciate it. Thank you for your time, sir. You have a good day. If you have any other questions, just give us a call. Rodri has my number.

Any other public comments? Sharon, do you want to read the public comment for record that we took in today via phone call?

And we received some feedback um today from somebody via a phone call that we noted and I think we put uh we gave everybody um a copy and we will update it for the packet. Um, but this comment reads, "This waiver should not be approved. All necessary improvements, including curbs, gutters, and sidewalks should be completed along the entire length of the property. No waivers should be permitted for this development. Children and families in the area rely on existing sidewalks along North Oak Street, granting a waiver for the required street improvements, is inappropriate and poses safety risks for the neighborhood. The city of Springdale should uphold the requirements for this development and require all street improvements. Um, and this comment was from Jerry and Pam Medley at 3687 North Oak Street that came in today.

Thank you for that. Any other public comment? Commissioners, any questions from you?

I just have one quick question on the development. So, is the main purpose just looking at this like typically we think of a pud as being something that's going to add like seeking a a change to a pud would be adding additional amenities and things that'll really brighten up the neighborhood beyond just is it just the purpose of creating the smaller or narrower lots? Is that the main goal? Well, the the the putt allows us to do, you know, the the layout that's shown there with the common area, the streets being, you know, not your normal just 30 foot wide residential street, but uh you know, creating a a common area in the middle there. Um and we also do trees along the the entire street. Um and you know we provide some amenities along with the subdivision and that also allows us to then make narrower lots that are 40 foot wide.

Thank you. Anyone else? And as you mentioned, you know, on top of that question she asked, you'll moving forward you'll provide I mean either a pickle ball court or playground etc. on those common spaces, right? We'll be more specific as to what we can propose there. If you I mean that's and I agree with her. What's what's I mean to me that's one of the reasons main reasons for a putt right those amenities. Yeah, we made a list I think in the development plan as far as what we could consider in different areas, playground, but uh we don't know exactly where we'll put them yet and we will have to have more detail on some of those um spec sheets, materials, placement, some of those specific details that come along with um with those extra features of PUD.

And so we would need a revised um development plan in some of these details. You uh you mentioned your development strategy, a natural walking trail. Can you explain to me what that is? That means that we would just open up some of the areas that make it walkable or, you know, accessible, but not necessarily making a 5ft wide paved sidewalk. Well, no crush aggregate, nothing that shows, hey, this is a trail we want you encourage you to walk around this space, feel comfortable doing. It's like a mode trail that you'd mow a path that they could walk through or something like that. You could mow it. Yeah, we'll do a mode trail. That's what I was looking for. I'm, you know, my my point of view is I'm looking at this. There's not near enough information in this packet for a putt for me.

Okay.

Uh when I see a putt, I want to see all the details that we, you know, hide more details. Usually those are in front of us at this meeting. And the fact that none of that's in front of us and that you got this tremendous wetland natural habitat and there's no trail system, there's no lookouts, there's no interaction. You mentioned inverbage, but there's nothing on your designs that say you're going to do incorporate that. Uh to the gentleman that was here speaking earlier about the water flow. There's no comment about anything with that. So, it looks like to me you're just trying to get as many houses in this square footage as you can, which I'm not opposed to development. I think development is fine, but that to me to present this as a pud, it just falls short in my estimation.

Okay. U it's not a big area as far as a conservation area. So you know it's over an acre. It's most of your common space is a is a natural reserve area which is what you need to qualify for the putt to begin with and yet you spent zero any in zero time in developing exactly what we want to do as far as layout. Yeah. So commissioner if it's up to you I'd like to vote for the pud first. Uh this will be called for the vote. Huh? for the reason first because if it fails none the rest matter. Can we can we table it or if it gets voted down now can we come back with a revision? Sharon will you speak to that?

Yeah you can the applicant you can request that it be tabled here. Um but if it is denied tonight then um you would have to go through the appeal process but you have the right to to to request to be tabled. I I think that's what we'll do then if that's you table the feeling of okay information. Yeah. All right. Is that what you want to do? but then come back with a plan that that we can all feel good about. Yeah. If if you're presenting a PUD, we'd like to see a lot more detail what you're doing because that's what a PUD's intended to do. If you want just more density, there's a SF3 that you can bring forth instead of the SF2 it currently is. There's other ways to get to density if that's what you're wanting. But if you want a PUD, then it should have some things in it that this does not currently have. Okay.

So, you want to table it? Yes. Okay. Thank you. Next up is R26-01. This is New Hope Fellowship of Northwest Arkansas. This is a reason request from A1 to P1 by Josh Landreth. Yes, thank you. Uh pretty simple. We're just looking to uh reszone the property that we own on Kerry Smith Road from A1 uh to P1 for future development. We have not started a development plan yet. We're not there to that point. and we're just trying to get it kind of ahead of the game uh before we get to that point. Thank you for that. Style comments.

This resoning request is in keeping with the following goals and policies of the comprehensive land use plan is re recommended for approval. Uses that commonly have moderate to large-scale assemblies of people such as churches, funeral homes, membership organizations, and other institutions should be appropriately located on adequate sized parcels with sufficient space to accommodate the off- streetet parking and accessory needs. Such uses should be located to minimize any adverse or undue significant burden on adjacent or adjoining land uses as well as that portion of um the street system. Thank you. Any public comments regarding this reszone request? Commissioners, any questions? If none, this is a call for the vote.

Call for the vote. Thank you. That passes 70. Thank you. Thank you. staff will prepare an ordinance that is going to go to city council on January 27th. Um, and you're recommended to attend. Okay. Thank you very much. Next up is R26-02, Robert Lee and Diana Walrip. Uh, this is a request from A1 to C1 presented by Tim Maner. Hello, my name is Tim Maner with Masters of Disasters Plumbing and we are here to see about getting this property reszone from A1 to C1. Staff comments.

This resoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Assure adequate land allocation for commercial areas of sufficient size and proper locations and encourage the development of small-scale neighborhood retail and service uses at intersections of collector and arterial arterial streets at the edge of logical neighborhood areas or within the neighborhoods where suitable sites exist and conditions are appropriate to balance compatibility with convenience. Any public comments regarding this request? Commissioners, any questions? Is this where your current building is? We're two lots um north of that.

Okay. There further south of that. South. Sorry. Yeah. Uh any other questions? If none, this will be called for the vote. Call for the vote. Thank you. That passes 70. Perfect. Thank you. Staff will prepare an ordinance that's going to go to city council on January 27th. Uh 6 p.m. here. Recommended to attend. Okay. Thank you so much.

Next agenda item is R26-03 is semihadell. Uh request is from C2 to C6 presented by Bateson Associates. Eli Lasal here uh from Bates and Associates. Um yeah, this I believe is I don't know exactly how much of this I should present as far as the land use plan. Um but this is um I believe consistent with the comprehensive land use plan of the city of Springdale. Um it's shown as regional commercial in the land use plan map and um the comprehensive land use plan states that those um regional commercial are to encourage the development of regional commercial areas that accommodate a variety of wholesale retail service and office use and uh where the highest traffic volumes and greatest utility demands can be served and more extensive outdoor display of material. materials will be expected and permitted. And that's page nine of the comprehensive land use plan. And um the reason that we're requesting is from C2 to C6, which is specifically to allow those um outdoor displays uh which were mentioned in that comprehensive land use plan.

Staff comments.

Well, thank you. Sounds like you got most of my my staff comments out of the way. I appreciate it. Uh this resoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. improve the city's economic base and tax structure through encourage uh sorry through the promotion of healthy stable commercial concentrations and encourage the development of regional commercial areas uh that accommodate a variety of wholesale retail service and office uses where the highest traffic volume and greatest utility demands can be served and more extensive outdoor display of materials will be expected and permitted and have frontage or access to I49 or state highway. Any public comments regarding this resone request? Commissioners, any questions or comments?

I only have one question just based on like the image that's up right now and I know we haven't seen a plan for this yet, but there's significant portion of the site is flood plane. Is that so is that going to be managed I assume? So that uh we have looked at it is um not FEMA um defined like zone. Um it's in the hasn't been studied fully yet.

Yeah, it's in the not fully studied FEMA flood hazard area. Um so it's not like a designated flood plane that has base flood elevations assigned to it. Uh we've gone through and looked at it and it's the um it's before the creek fully forms, but there is a section at the back of the site that's kind of a defined channel. And we have looked at that. That's if you look at this plan, that west um or east side of the site uh where the parking lot stops and behind the building, we've got pretty substantial grading. Um just to try to slightly further channelize that and it it's before the channel has fully formed. Um so it's not 100% a creek bed yet. Uh but we're going to try to just shape it a little bit better. Um because as it is, the only reason is it it extends that far into the property is just because it's kind of a like wide flat channel and we're going to try to slightly shape it.

And it's kind of misleading because those flood maps make it look like it's it's coming straight through the property. Someone has done some grading on this property at some point um and and really has kind of channelized that and routed it right through the middle of the property. Um but yeah, they'll have to have a flood plan development application. they'll have to build their building high enough to be safe from flooding. And we did have a flood study, I think, that someone had did for a previous development um that established some BF so they can use that and update it as they need to. Thank you. I just wanted to make sure that the reasonzoning made sense for this type of use on the space because of, you know,

Right. Right. And and as much as possible, they're going to keep it as, you know, out of the flood plane. I This is one of those old maps. I've been looking at some of the newer data and it shows a lot less of a flood plane through there. So hopefully we can define that better. No other further questions. Just a call for the vote. Call for the vote. Thank you.

It passes 70. Staff will prepare an ordinance that goes to council on the 27th. Next up are preliminary plats, replplats, and final plats. First up is PP26-01 Don Tyson Gateway. Uh this is a preliminary plat with a variance and a waiver. Variance is from maximum slope requirement. And there's also a waiver of street improvements sidewalk on Datasen Parkway presented by Clint Carner of CK Civil Engineering LLC. Hello sir. Hello. How's it going? Sorry about butching that last name of yours.

No problem. It's a tough place. All right. So, we've got a street connection that we're doing for um Chester Avenue to Don Tyson. The intent is that the uh property owner is going to sell off the off lots once the connection's made. So, we're just trying to get that connection formed so they can make those makes it more appealing to people that are going to put commercial zones in. Staff comments

in addition to standard comments. If the variance and the waiver respectively are approved by commission, if the waiver is recommended and approved by council, they need to be indicated um along the plat somewhere. For the north arrows, just correct all the north arrows on the plat. Add adjacent property zoning to sheet two. uh further right-of-way dedication is required along Don Tyson and I know you've been in communication with Katie on that indicate the gross site area acreage per lot and adjusted acreage after that additional rightway is dedicated and we do need the surveyor certificate of accuracy to sheet two and add the reference file number for the existing Chester place right ofway

engineering comment ments add notes to the plat specifying which lots are required to provide their own detention at the time of development. Street STS to the east and west are required. So we need to add some notes to this effect so that that connectivity is maintained when those lots develop. There's an existing stub out on the west side of the McDonald's. Um and then we'll establish one further to the west. The maximum grade within aund 100 ft of an intersection is 4%. This property has um quite a bit of grade to it. So, haven't been able to make that 4%, but we're still staying below our 10%. Um, really all we want to make sure is that when we widen Don Tyson and put that extra lane in there, we're not just going to have everyone scraping and bottoming out. So, going to try and fix those grades as much as we as possible, but I am okay with the um variance for going above 4%. Let's see. I'm still working on getting you that CAD file for the future Don Tyson right away. and a 10-ft sidewalk is required on Don Tyson for which a waiver has been requested and this is part of the southside intersections bond project

is Katie is a waiver request is that because of the widening of Don Tyson in the future well and currently there is a sidewalk it's just only 5T so but yes we don't want them doing something that we'll have to remove in the future makes sense y any public comments regarding this plary plat commissioners Any questions? The first one will be uh preliminary plat motion subject to staff comments. Motion subject to staff comments. Second. Thank you.

That is approved. 70. Next. Uh the variance for the maximum slope requirement. This is a call for the vote. Call for the vote. Thank you. Passes 70 as well. The last item is a waiver of street improvements sidewalk on Dantasin Parkway. This is a motion to forward to city council with recommendation of denial or approval of this waiver. Motion to forward to city council for approval. Thank you. Thank you.

That also passes 70. Thank you, sir. Thank you. Staff will prepare an ordinance for the waiver that goes to council on the 27th. Clint,

next up is RP26-01, Dixie Industrial Center, lot 4, presented by Alan Reed and Associates. Good evening. My name is Alan Reid. I'm here tonight representing uh Dwayne Miller, Miller Flooring Company. And uh we're asking the planning commission to allow us to rem to replplat the Dixie Industrial Park uh subdivision, center subdivision, and you know, hopefully get lot 4 taken out of that subdivision. Um, also I believe uh we have some other people in the audience. Alli Carr from Craft and Toll who will be in charge of the development engineering and uh William Mertens of the Merins Law Firm who has been helping us and working with the city attorney's office here to make sure that we get everything done strictly by the city ordinances. and uh I'm in charge of the surveying part of it and I created the plat uh which shows um the area that we're trying to remove.

Sure. Thank you for that. Staff comments. I I will just note that this is a very unique piece of property. Um as you can see the blue highlighted area is within a commercial subdivision. Um and he also has um that portion that is outside. So it's a very unique piece of property. Um, and we appreciate all of the coordination with our office and city attorney's office that you guys have done. In addition to the standard planning comments, is it time for me? Yes, please go.

Um, a declaratory judgment action was filed with the circuit clerk of Washington County allowing lot 4 to be removed from the subdivision. Removal of lot four is contingent upon either obtaining the written consent from all the property owners within the subdivision um or a conclusion in favor of the declaratory judgment. Okay. Thank you. Sounded very important too. I'm glad you got to speak to that. Any public comment regarding this request? Commissioners, any questions? Not this will be mo motion subject staff comments. Motion subject to staff comments. Second. Thank you.

That passes 70. Best of luck in the courts. Okay. And then if you will get with the planning office and we will find the best um council date to bring this forward. Okay. Okay. Thanks. Next we move forward to public hearing formbbased code. First items is FB26-01 Hauser Family Revocable Trust. This is a request to reszone from NR1 to NC2 presented by Jake Chavis. Hello again. Hello again. How are you, sir? Doing good. Doing good. Glad to be back.

Um my name is Jake Chavis uh with Odyssey Engineering and Surveying. Um representing the housesers on this project. Um we uh thank you for for listening to this uh reasonzoning again. Um we are requesting NC2 um for for several reasons. Um we think that NC2 is more consistent uh with the city's adopted plans. Um the future land use plan says that this is a medium density residential area. And this this property is also kind of on the corner um of Huntsville Avenue there. Um kind of along a an arterial type road there. And we also think that this is a a perfect transition zone from that more, you know, higher higher intense use along Huntsville to the more um lower density residential single family um housing to the north. Um just wanted to kind of touch briefly on some of the concerns we've heard from residences in the past um on this. Number one being uh traffic issues. Um this development kind of by its nature um is uh you know when utilizing the trail system um and being in close proximity to downtown um the idea behind this development is that pedestri uh residents will use the trail system and will be able to walk to work downtown. um ultimately reducing reducing the traffic um in the area. Um and yeah, again, we we we fully intend to utilize that trail for bike and pedestrian access. Um another concern that we've heard um is is the density. Um while NC2 allows for more housing options than RN1, the idea here is infill, not necessarily density. um you know, we're we're looking to kind of, you know, uh make more efficient use of space rather than just cl cram units into into a certain area. Um and that's

kind of the differences you get in between NC2, which allows for three, four uh plexes and and flats um rather than just a duplex and uh which is allowed in RN1 right now. Um and again uh in in line with density this falls in line with the future land use map that the city of Springdale has adopted. Um the other uh kind of concern that we we have heard from uh from neighbors is um ensuring that the historic character of this uh neighborhood um is is preserved. Um and we understand and we recognize the importance of the historic homes in the area. Uh but we believe that the regulations in the seed district uh will force us uh as developers to um to enhance the character and not hinder uh the character of the neighborhood. Um we think that this request brings uh the property into alignment with you know current city plans. Uh it supports walkability and respects the character of the neighborhood. And we think that this development uh will enhance the the neighborhood and I'm here for any questions if you have any. Thank you, sir. Staff comments.

This reasonzoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Allow an increase to medium or highdensity residential land. Um sorry uh and allow an increase to medium or highdensity residential use when land value prevents economic development of lowdensity residential and multifamily housing should be developed at a density and scale that is compatible with the surrounding neighborhoods available utilities and roadway capacity.

Thank you. Any public comments regarding this request? If you will come to forward, state your name and address. Thank you. Uh Jeff Bowen, 604 Mil Street. I'm next door to the property and I'm just trying to get some clarity on Sure. I know last time they requested one

that everybody was kind of upset on the street about trying to keep the density down and we were assured it was, you know, only to duplexes, you know, so keep it kind of low over there and now it sounds like three plexes or fourplexes. And then also an additional question I have on this NC2. Does that mean that uh it can also be commercial buildings or is there are there plans for that or you know uh seems like there's a lot of things that could go into NC2. So I don't know if if the plan is is there a plan made to what is actually going to be there.

I'll make a brief statement. So NC will is dictated more by form than use. So, it's more about what the product looks like than what it's used for. So, that just know that going in. Go ahead, Jiren if you have more things. Um, Mark is correct, but but also this this does allow for some mixed use. Um, so there is the potential for some commercial uses. Um, and now this site, just the size of it and some of the topography limits some of what they're going to be able to do. Um, and the city is going to encourage some sort of trailoriented development. Uh right now we don't have an official development plan submitted, but they've indicated to lean towards residential. Um but I don't have a um an official plan to to share.

And then also I guess speaking of uh I think water is a big topic tonight, but I guess to me it looks like uh maybe about half of it's in the flood plane. I'm not sure, but I was also wondering if they're just going to use that for parking down there or fill that in or, you know, build that up. Um, I will say I think Jake can if you'll come answer that and speak to it, but that the city is going to encourage because over there by by that flood plane is also the Razerback Greenway and so we want to encourage um some sort of participation, enhance that greenway. Yeah, we're we're going to do our very best not to even touch the flood plane. That's that's the goal right now. We haven't done any design. I really don't think we'll have to get into it at all.

That's all I have. Thank you, sir. Any other comments? Commissioners, any questions or comments? I guess my one question, and I imagine the neighbors are wondering, you know, you see this last month and it kind of came back uh why you didn't go for this zoning originally.

Uh so, you know, we we've we spent several months kind of talking back and forth with staff on this. Um when we submitted the resoning request uh for the last zoning um that was what we thought staff was going to support. Um around that same time uh there was another reasonzoning request um for a similar area that you guys passed NC2 for last month. Um and around that same time I think there was some changes in in policy or or amendments to the seed map. Is that is that right? something like that where um the staff decision was able to support NC2 now uh versus back then it wasn't necessarily able to support NC2 um and that that that's that's our our understandings of that. So we didn't we I always advise my clients don't go against staff recommendation when you're bringing something to planning commission. We typically don't try to do that.

Any other comments? No, I will say staff's recommendation um was in C2 actually from from the very beginning and I think originally the applicants had sought a multifamily zoning and the seed was a recommendation by staff just because it because of that neighborhood character, right? Um it it would just complement the neighborhood better than a multifamily zoning um which would take a lot of parking and and open space. And my two cents worth is I think this project could be a perfect example of we need to stop thinking about what something is used for more what it looks like because I think in neighborhoods like this that's so adjacent to the downtown center um the aesthetics and what it looks like is is critical not necessarily what necessarily it's been used for. There are no more comments. This will be call for the vote. Call for the vote. tie

that passes 70. Thank you, sir. Staff will prepare an ordinance that goes on the 27th. Um, you're recommended two time. Next section is board of adjustment uh B26-01. Sean and Gina Richie. This is a variance for increased height on permanent accessory structure from 16 ft to 23 presented by the applicants. Good afternoon. Hello. How are y'all? Pretty good. Good.

Uh so the reason why we're needing to go from 16 foot limit to the 23 foot that we request is uh later on in the next few years, we're going to be buying either a fifth wheel or a diesel pusher and we want some place to properly store that because something like that's pretty expensive. You want to keep it out of the weather. So that's what we're going shooting for. Okay. Thank you for that. Any staff comments? My only comment was about how you're going to access it, are you guys planning to pave a driveway back there? That's under consideration as of right now. Okay. Okay. So, just before you expand that driveway in the front yard, come see engineering. We'll get you a permit. We don't permit the driveway in the backyard, but we will if you expand it in the front. What do you What do you mean? I'm sorry. I know that's really confusing. So, like basically in front of your fence,

okay, to the street. That's where we will permit what you can expand the driveway, how much pavement you can put down once you get back behind the fence and to the backyard. That That's for y'all to figure out. Yeah. Oh, okay. Yep. So, just call engineering if you have any questions. Um I know a lot of people will end up kind of doing that triangle to get to the backyard like that. Um and there's just a quick little permit for that. Sounds good. Thank you. Any public comments regarding this request? Commissioners, any questions? My only question would be, do you don't have any neighborhood covenants or anything that would prevent this that would conflict with the city? How big is your lot there? It's it's like 088.

Okay. Yeah. So large. If no other questions, this is call for the vote. Call for the vote. Thank you. Passes 70. Thank you. You guys have a good night. Thank you. Next up is B26-03 Courtney Hollinssworth Auto Expansion uh variance from commercial design standards uh for landscaping and screening presented by Kevin Escobar.

Well, I'm not I'm not ging. No, you're not. Uh I'm wanting a bearance on the north side of the property. those drainage ditches there. I'm going to have hard enough time keeping sod, not not any shrubbery because sir, can you share your name with us just for the record? I'm sorry. Burlings were Thank you. I'm the owner of Courtney. Of course. Thank you. Please continue.

And the east side there's a large drainage ditch that the water gets pretty high and it'll wash it all out regardless of what I put in there. So, I'm wanting to put sod all the way around and get it stapled down good so I can keep it mowed. Thank you. Staff comments if any. No, I will say that um staff went out there. I think Sarah um had visited um once or twice and worked with them and tried to walk around. Um so, we appreciate your cooperation with our office.

Thank you. Any public comments regarding this request? Commissioners, any questions from you? I've got a lot of comments tonight apparently. Yeah, go ahead, Jennifer. I just started saying Jennifer, what do you got? I guess my main question on this is sod versus some of this. I would feel like as far as drainage and preventing runoff that other materials might be more effective at holding the dirt in place than just sod because sod, you know, I was just curious if that makes sense to approve this.

We've studied the that the sod if it's stapled down good, we're going to use baboon grass sod once it gets started probably anything will wash it out. And uh that's what we're proposing to use, right? Trees would um you know, soak up more water. The roots help hold the bank together. So it would I mean trees are definitely welcome in this area. Um I completely see your point though about how you're going to maintain these since you have that big safety fence around the around the side.

Look at the ditch and see the trash how it washes plum up to the fence. I've got a hard enough time keeping it cleaned up. Um, back pardon the city don't clean theirs up and nobody up the neighborhood does but me. When'd you put the fence in? Month back, two months.

Mr. Chair, this is a um large scale development plan that is currently under construction. they have not received their certificate of occupancy and so um upon final inspection these were items that were incomplete on a punch list and so therefore the property owners here before you to request that variance. Thank you for that Sarah. Yeah, I mean I would love to make a repairarium way around this but I'm not sure this is the project to do that. Um, I mean, if if if you have someone to maintain it, you could do some really cool things, but you know, just unfortunately with with the nature of the uses in this area, um, may not last long. Any other questions or comments?

If none, go ahead. I was going to add that the screening variance is um because they did not provide a break in the fence line every 50 ft. Um, the applicant stated due to the nature of their business and security purposes, they preferred to have a opaque metal fence. How tall is that fence? 8 foot. Thank you for that. And I'm assuming you store cars in there. Yeah. I do like the full cut off light fixture. So, congratulations on that. Job well done. If there's no further questions, this is a call for the vote. Call for the vote.

Thank you. passes 70. Thank you, sir. Thank you. Next up is W26-02 Paramont Metals. This is a waiver of street waiver request for street improvements on Highway 265 CK Civil Engineering. Mr. Clint, back up.

Hello. Um we brought this forward with a waiver on Old Wire um a couple months ago. It got city council and there was a lot of concern that there was no sidewalk on Old Wire Road. So what we've done is we've um we agreed to put the sidewalk on Old Wire Road and then uh to and we're going to their waiver is to request uh removal of street improvements on uh Old Missouri. ARDOT didn't like the dowing end of the five foot uh sidewalk edition either. They said we were gonna if they didn't like it once we put it in, we'd have to tear it out and do 10 foot all new. So, this seemed like a good compromise uh for everyone.

So, you're now putting a sidewalk on old wire, not putting a side or increasing or editing the sidewalk on Old Miss. Is that correct? Yes. And before we approve the opposite, I think is the work we did. Yeah. Very good. So, so procedurally we have to to introduce a new waiver for that other side since it wasn't included in the previous one. Um, I'm assuming this is your site plan. This is very fairly representative what you have there. Yes, I think the B school is on the oldire road side and that was why they wanted the sidewalk.

Understood. That's that actually makes good sense. Any uh public comments regarding this waiver request? Commissioners, any questions or comments? If none, this is a motion to forward to city council with recommendation of denial or approval of this new waiver.

Motion to forward to city council with recommendation to approve the waiver. Second. Thank you. passes M0. Thank you for building us a sidewalk. Next, sorry. Staff will prepare an ordinance to go along with the other waiver on the 27th. Okay. Next, there are four approval requests for extending projects. Uh, if you guys are okay with, I'd like to take all four at once. Big call for the vote. Call for the vote on all four. Thank you.

All four approval extension approvals have approved. Thank you for that. Gentlemen, ladies, next up is planning director's report. All right. Um, so good news. We're hiring. We have a planning technician who's going to start Monday. So, we'd be excited to uh to to get more staff on the team and and introduce you to that. Um, the Merry Christmas Springdale that was on December 16th. Thank you to everyone who attended and shout out to Brent and Ray who were um who were extra special winners that night. Um, the planning I do want to switch prizes

and uh the planning holiday party on Emma. Thank you very much for everybody who attended um and participated and I included a couple little pictures. Um this month at the one of the January city councils um we are we're going to propose a resolution to seek reappoint for two of our planning commissioners, Mark Cloud and Chris Hussein. Um and then next month um in February we will have a election of officers on our agenda once again just to be thinking about it. Um work session update. So January on the 20th of this month um Ernest Kate our Springdale city attorney um is going to join us and provide a little refresher on responsibilities of planning commissioners. Um we try to do that annually. Um and then the February one will be a future land use planning. So get your get your planner hat on for February. Um, and then I provided an update for all the December um, council items that we heard. And even that first one actually includes that that sidewalk waiver where it was tabled and then passed again. Um, so any updates I'm going to try to include for you for the outcome. Um, and thank you all.

That's great by the way. I love that. Thanks for adding that. That I say we adjourn. Thank you all.