Board of Zoning Adjustment and Planning Commission - Regular Meeting

That's from Larry Williams. He's sitting next to the mayor. I think it relates to my project. I think I didn't look the chance to look at it. There are and it's published for public viewing. All right, it's 4:30 p.m. So, we'll call to order the uh city of Bella Vista Planning Commission meeting. Uh, call the role, please. Ellis here, Barner here, here. Sedbury. For Portillo here, Wagman here, Lloyd here. All right, we do have a quorum. Uh, next up is our regular meeting minutes from uh May 12th. Well, do we since they're not in the packet, do we want to approve the ones that were in the work session? Yes. I make a motion to be approved as submitted to the work session. Motion from Farter. Second. Second from Portello. All in favor say I. I. I. Any opposed? All right. Meeting minutes are approved. Uh, this is just for the record, they are in the packet that you were given Friday. Yes. The packet that we sent you and that is published for public viewing. They're the digital packet. They're just not in paper packet. Okay. That's Yes, it's same minutes though. We're approved. U next up is our public input session. And this will be an opportunity for

anybody in the in the audience to address the commission concerning any published or unpublished item except for a public hearing. We will hold a uh public meeting for the reszone uh later in the meeting. But is there anybody that would like to address the commission for any published or unpublished item? Yes, sir. You would state your name and address for the record. You will have five minutes to address the commission. Uh Charlie Teal, 95 Mayfair Drive. Um I'm a resident B Vista since 2006 and a Belle Vista property owner since 1992. I'm here to support Al Commons. We're we're going to hold a public hearing on this one later. Okay. This is the reason that we're going to hold a public hearing on later. All right. Thank you. Is there anybody else that would like to address the commission? If not, we'll go ahead and close the public input session. Next up, we have unfinished business uh waiver 202558625. A waiver request of retaining wall setbacks for an existing unpermitted retaining wall at 6 Cardiff Circle, Planner Hyatt. All right. Thank you. This property is located in the eastern area of Bella Vista city limits and is lot 24 block 7 of the Breock subdivision. Uh development code section 107342E1 states a retaining wall shall be placed a minimum of 10 ft or 1.5 times the height of the wall, whichever is greater away from existing or proposed structures. And section 107342E2 states that a retaining wall shall be placed a minimum of 7.5 ft or 1.5 times the height of the wall, whichever is greater, away from the property lines. The applicant is seeking to wave both 107342E1 and E2 setback requirements for an existing retaining wall. Um the applicant placed the retaining walls behind the single family home back in August of 2022 prior to obtaining permits. Uh staff had previously met with the owner and applicant early in 2024 to work on solutions and discuss

the need uh for the wall with their circumstances being due to the topography and support for the back deck. Uh the wall sits roughly 6 feet at its closest point behind the deck of the home supporting the foundations for the deck post and the wall varies in height from four and a half to 5 1/2 ft uh with one wall extending to the south property line. Staff has received an engineered analysis and approval of the designs and has included that in your packet. POA common properties located behind the subject site so any failure of the wall would not impact adjacent homes and would not prevent the orderly subdivision of other land in the area. The subject property has single family homes to the north and south of the property. And the zoning code shows this parcel is surrounded by single family residential and common property. Again, uh the future land use plan shows this parcel to be located in a type one neighborhood center with the master street plan showing Cardiff Circle as a non-classified residential street. Should be noted that the waiver is not considering the private easement encroachment. Um, if approved by planning commission, staff recommends the condition that the property owner of uh the neighboring parcel to the south um approves of the retaining wall touching the property line prior to the wall permit issuance. All right. Thank you. Uh as just a reminder to the commissioners, as discussed in our work session, we'll be handling each waiver independently. Uh with that, if there are any questions for staff over the staff report. All right. If not, if the applicant is present, you come up and give us your name and address for the record. And this will be you'll have five minutes to address the commission concerning this request. Well, okay. This is the second or third time we've seen this second time. Um, I I I would recommend we go ahead and take action on it. We have two waiver requests. Uh first one we'll do is the uh being 10 times or 10 feet or one one and a half times the

height of the wall whichever is away from an existing structure which this would be the one along the backside approach to the deck. Uh can I get a motion to approve that waiver? So move. Got a motion from Farnum. Second. Second from Cleen. Call the RO please. No. Is this just the first one? This is just the first of two. This is the one with it being close to the deck on the back side. Yes. Yes. Excuse me. Yes. Ellis. Yes. Next up, we have the waiver of the wall uh within the setback and touching the west or south property line. Um I get this right. Yeah, the south property line. Can I get a motion to approve that waiver, please? So moved. A motion from Portello. Second. Second from Farner. Call the RO, please. No. No. No. No. No. Ellis, no. If y'all will get with the applicant and let them know the results of their waiver request, please. Right. Thank you. Next up, we have new business. First up, we have public hearing PZD 202558573, a proposed plan zoning district to provide a modernized 55 and over residential community at Bella Vista at 102 Fairway Drive. Director Robertson. First, I notic that Linda Lloyd has herself. You're correct. Linda Lloyd for the recording has moved from the chair area of the planning commission to the public seating area as the applicant. Thank you, Sarah. Um I did want to note

too just for those interested in um any of those that might be in the audience as well for the planning commission, this is a reszone. Um it does have a unique unique name. It is a planned zoning district. Some other cities call them planned unit developments. Um it is a chance where they show what they are going to develop while requesting the unique zoning. It's intended to create a creative zoning district that our current zoning districts adopted by ordinance do not allow. Um and so this and that includes uh zoning requirements as to setbacks, not just land uses, height restrictions, bulk requirements, things of that nature. they get the chance to modify to um prepare for a zone that will allow what they are trying to accomplish with their development um in the master sand or master plan set. With that said, it does follow the reszone protocol, which means it's an ordinance, which means it's legislative, which means council is the body that will give the final decision. So, should this uh PZD be recommended for approval tonight by the planning commission, it will go forward to council for consideration via ordinance and then the city council can read it up to three times uh per their rules. So, um tonight is not a final decision for those in the audience, just for those um curious. Uh there will be another public hearing with the city council later this month should this pass the planning commission tonight with a recommendation. Uh with that said, um I do have a minor update from the work session. Most of my comments have been left met except for one. We had a minor one pop up that the certificate needs changed. The certificate on the approval page says preliminary plat. This is not a preliminary plat. This will follow through should council approve this PZD. Um and so I've just asked here in the staff report that that just be removed. Um and I can get with the applicant on that. All other uh comments have been sufficed and met at the time of this report other than that one. As noted in the agenda, this is a planned zoning district to allow um a modernized single family residential development uh that

is low in intensity. It's lower than what is currently allowed there by right. The R3 zoning that currently sits on that land will allow up to 123 units, 14 different permitted uses, and 18 different conditional uses. The PZD that's here before you tonight allows single family residential um and a community facility uh that includes office use as well as just gathering space for those within the community. There are several park areas planned within this master development plan including the community house that I just described, a dog park, a kayak dog, a dog run, and three different park spaces all for those that live within the development. You'll see within the architectural set features that are included in the packet that the type of design that is being proposed um that is a little unique and different to this specific Owl Common subdivision. Uh and as I noted, this is the master plan, the site plan showing where structures, utilities, and things of that nature will go. However, again, since if council approves this, planning commission will be looking at this again through a engineering design and review of the preliminary plat showing where the road will be constructed uh precisely via grading, drainage improvements, and utility uh line size, things of that nature. So, we'll go through another review should this get approved by council. Um, other than that, I have nothing further to add. I will note that this is a seven over seven and a half acre lot. Um four acres of those almost eight acres is being dedicated to recreational open green space um for those within the community and being preserved. Other than that, I'm happy to take any questions or defer to the applicant for any further information on this presentation. Any questions for staff? Could I just make a statement just for clarity because you said it, but I want to make sure we heard it and they hear it. the the uh the zone that is in now

could is ready and available to house how many people? Well, no people, but units, huh? Units, I'm sorry. How many? 7.69 acres. The density in the R3 zone would allow up to 123. And we're asking for a reasonzoning for 23 23 units. Correct. 23 single family. I want to make sure everybody understands that because that's important. Yes. This is a better fit. So, uh, staff is recommending approval of this, um, to the planning commission to recommend approval to city council. Um, it is lower intensity and is creative design. Uh, staff believe it meets the intent of several areas of our adopted comprehensive future land use plan and other goals within the comprehensive plan as well. Any other questions for staff? All right. Is the applicant present, you go ahead and come up, state your name and address for the record, please. Hi, I'm Lind Deoloid of 102 Fairway Drive, which is the subject property. Um, first I'd like to thank the staff. This is only Bella Vista's second PZD, so it's been a rather grueling process to get to this point. I want to mention that the 2040 comprehensive plan suggests that we provide uh a variety of residential options to help keep people in their homes and this project does that. A lot of our seniors in Bella Vista are no longer comfortable walking around their neighborhoods because of the proliferation of short-term rentals and the change in demographics and our commons would give them a great spot. I want to point out that I would make a whole lot more money if I were to be a normal developer or if I were to just sell this property and have somebody come in and rip out all the trees and build a hundred rental townous. And that's not what I want to do because this is my legacy project. I've been involved in Eco Village and green

building for many, many years. I want to be a good steward of the land. I will be putting the land and the two existing buildings into the project at my cost, which is way below market value. I also want this project to be a demonstration for other developers that you don't have to go onto a piece of property and rip out all the trees and be insensitive to the ecology and the uh wildlife habitat present on the site. To my knowledge, this will be the first co-housing development in Arkansas. Co-ousing's been in Europe for many, many years and across this country. I also want to recognize that there were neighbors issues with construction traffic. If there were a way for me to eliminate that or come in a different way, I would certainly do that. I have reduced the size of this project from the plans last year to help make it better for the residents. Um, as staff pointed out, more than 50% of this property will be conserved as open space and recreation. If there are any pro if this gets approved and there are any problems with construction traffic, I want the neighbors to call me immediately andor call the police. I will regulate the contractors. I know it's going to be inconvenient for them. I will be living on site during this. So, I will be smack in the middle of it. I wanted to have this legacy project. I will be a resident. All the plantings that go in will be native plantings. We want to

provide accommodations for the critters that live there, for pollinators. And I think having a small ecologically sound development on this site would be much better than a 100 rental town houses. I think there's a big demand for this. I have done absolutely no advertising and I already have 22 people on my waiting list. I'm open for questions from the commissioners. Any questions from commissioners? I do. Uh, what's the approximate size of those units? They will run. Hang on. You do not have to answer that. I will. I'm not hiding anything. That's right. I'm sorry. You can. He technically can't ask that question. Would you like me to answer it? No, I would prefer you did not. Okay. Can you ask that? I know. Like on normal single family, you cannot. 8 800 to,300. Arxall was very clear on that one. I remember that the one of the whole reasons behind co-housing is people tend to have bigger houses than they need because Aunt Sally comes to visit and they want a bedroom for her to stay in. People come couple times a year. They want a dining room. They need a garage that's bigger for all sorts of stuff to stay in. With the common house, there will be two bedrooms that can be available for residents to use if they have people visit. There will be a tool lending library. So, if you need a ladder or a drill or something else, you walk over to the common house and sign it out. There will be a bike maintenance workshop and a dog wash station all in the common house. Where where are you at with the ACC review? I we have the ACC approval letter. Fantastic. It uh says that they viewed the request for a new

subdivision with contemporary style. The committee has approved the concept of the subdivision of contemporary style homes. Cool. Any other questions for the applicant? All right. If not, if you would take a seat real quick. Uh at this time, we'll go ahead and close the uh or open up the public hearing. If there's anybody that would like to address the commission uh in favor or against this proposal, if you would come up and state your name and address, and you will have up to five minutes to address the commission. Hello again. Um, I'm Charlie Teal, a resident of Bel Vesta since 2006 and a Belleve Vesta property owner since 1992. I'm here to support the Al Commons, the master plan residential community for 55 plus submitted by Linda Lloyd. As Belle Vista has experienced increased single family new home construction over the last several years, the very great need for new creative co-housing opportunities for our older residents is obvious and significant. The proposed Al Commons development meets this need along with ensuring the efficient and environmentally sensitive use of the land as outlined and recommended by your 2040 comprehensive plan. Non-traditional housing concepts require the necessity to adjust current zoning restrictions to enable these projects to move forward. and the Al Commons development is well planned, well financed, and will be a unique and significant community benefit. I urge the planning commission to grant zoning variances requested to allow the owl common development to proceed. The owl common development is the best use of the land on which it will be built from a feasibility, sustainability, and land impact

standpoint. Thank you. Thank you. Good evening. My name is Bill Wins. I live at 59 Fairway Drive. First, I would like to commend Linda on her project. It sounds great and everything, but I am opposed. I feel kind of a personal thing in this because Linda was our real estate agent and she knows why we bought on Fairway Drive. Having all those units and that traffic at the end of the road wasn't part of the deal or the vision when we bought. I don't think it's good for our neighborhood to add all those houses down there, all that traffic and the idea of probably two plus years of construction traffic, the infrastructure, the large vehicles and earth moving equipment down there and then the time to build all those homes. You know, we're talking a significant time disruption to the neighborhood, dust, dirt, mud, and I just, you know, part of your 2040 plan is uh talks about uh quality of life. Well, I think this impacts our quality of life for a significant time in a very negative way. And I hope you will consider the neighbors who live on this street as well. Thank you. Thank you. Good afternoon. Uh my name is Larry Williams. I live at 109 Mayfair Drive and a residence of

Bella Vista will be 25 20 years this year in October. Um my my view about this project is that I want to speak about the resoning of this unique project in the history of and will become a unique project in the history of Bella Vista. Um it's something new in terms of style of housing, something new in terms of concept of how it's placed together. Um we have other developments of multifamily that Cooper did many years ago. We have some lowincome u complexes or one at least that supports 55 years and older that are two family units. And then we have more recently some multifamily buildings that have been put up that you've approved uh using the 2040 comprehensive plan that was developed and adopted about five years ago invites this type of a unique residential project to be developed and brought forward. Uh I I gave you a handout which has a lot of extraneous information but trying to follow the comprehensive plan. The highlighted portions and the underlined portions and then the last page the large type portions are the key elements of what I want to talk to you about. Under the vision and framework in chapter three of that plan it talks about the policies that were adopted in the organization. It's to protect the natural assets to ensure important natural features are protected and to maintain a healthy environment and ecosystem. Incorporate nature into the site in the building design and to reinforce the identity of Bella Vista through development particularly in commercial areas but this is residential but in commercial too. This plan does that. The goal of development is to cultivate

a strong neighborhood that provides a variety of living environments that fosters community among the residents and certainly this concept for this development does that. Um the policy to use is expand the housing types. This does expand the housing types. These are single family units but in a in a community type setting which I think is unique in Bella Vista. Um, skipping forward to chapter four where it talks about developing of the plan itself and uh, the theme of the of that chapter was to maximize the use of land to support the creation of distinct and productive development. Under the neighborhood concept part of it on page three, it talks about the residential side of it. Before uh previously there was a chicken and egg question regarding which comes first. Is it residential or is it retail markets that we need? The question answered really is the quality quality residential must come first to attract the quality retail. And so this I believe is one of those developments that will create a quality development. The city needs to focus on where future opportunities might exist. not only within the market seg segmentation but also geographically within the community. The the reference earlier was that we have um we have uh up to 100 over 100 units that could be put on this property as an alternative to this. I think this is a much more beneficial program to the residents in that neighborhood. Um, the future of Bella Vista is tied to increasing residential construction to support a high quality of living environment and a diverse diversified

housing market, removing obstacles and incenting development of single family residences is imperative to growing the community. In conclusion, the proposed well owl owl's common PZD meets these goals and objectives in my opinion and I would ask you to approve it. Thank you. I'm Jim Klinger from 29 Bassingham Drive and uh this is actually our second time living here. We actually moved back here several years ago and had lived here in 2005, six and seven. But I also bring another perspective to this and that is um I'm a driver for the courtesy van which most of you probably all know about and that perspective has given me the insight into a lot of our elderly residents and I can't tell you how many times they have told me you're the only people I speak with all week. This kind of a community develops a community where people are close next door, very walkable and it's what in the um this kind of a community is typically known as an intentional community. People move there intentionally to have these kinds of relationships, these kinds of developments, these kinds of shared things, the common house, the tool sharing and so forth. And so it's it's it's a whole different concept of the way to look at aging in place. And if you look at our demographic, of course, we all know we're getting younger here in Bella Vista, but that doesn't mean that we're all young. There's a lot of older folks still here and want to stay here. And this is a place our comments would be the kind of place where people can come to and have a community and

have a very walkable community within their own little development with safety from street traffic and such. And to Linda's point that she mentioned earlier, I would really hope that other developers see this then as perhaps a guideline that they could follow in the future for additional kinds of developments like this. And it's for the one man who spoke earlier that was in opposition to this. I understand that the short-term pain is going to be painful for those residents. It w it will be. There's no two ways around that. But I think the the council and the commission have to look strategically and look very long term at what is going to be in the best interest of the residents of Bella Vista. And I think this kind of development would be just that. So that's it. Thank you. Thank you. Good evening. My name is Michael Trusty. I reside at 62 Emblem Drive. I'm across the ravine from where this proposed project will occur. Been there since 2004, so I believe that's right at 21 years. Um, I will speak in opposition to this project. Uh I don't feel like the area is uh large enough for a development this large or even the larger development. Um I can tell you just from my experience the residents and the uh buildings are going to be pinged up by a golf balls because I bet I picked up five or six dozen in the ravine behind my place. So I can imagine what's going to be on the back of that golf course. My larger concern is I appreciate the the the discussion about trees and uh you know considering the environment and that sort of thing, but that's really where my concern goes. I know that some of the other properties on Ampleton Drive are having struggles with perk test. So how is wastewater going to work in this project? That's a lot of

facilities on not that many acres. So I'm very concerned about that. Uh I think it very likely impacts the water quality in the lake. So, I'd like this commission to consider that as well. And finally, just the uh road structure and all of that in the area is very small. Uh this seems to me like a great idea that would be better suited somewhere off of the more main um thorough affairs and roads in the village. So again, I I uh uh respectfully submit my statements in opposition to the project. Thank you. Thank you. My name is Ray Kings. I'm a home builder and uh I live at 9994 Little Acres Lane in Periidge. I also own three homes in Bella Vista. So, Lyn and I have worked together before uh on a few different projects and I can tell you she means what she says when it comes to protecting the environment and uh she will um spend extra effort and uh you can't help things that happen during construction, but the sooner you get on it, stay on it, the sooner you can solve that problem. Also, she's she will overbuild these properties. She wants them to be high efficiency. She wants it to look as good in 20 years as it does when we're finished with them. So, I would vote for doing this and uh I appreciate it. Thank you. One other thing. Yes, sir. They are uh it's going to be on sewer. So that's going to really help on saving more trees and the concern of the sewer is not there like it would be with

subject. Thank you. Thank you. Hi, my name is Cherry O. I live at 61 Highland Parkway. Um to the planning commission members and audience members, I am here to support the Al Commons development on Fairway Drive. What a brilliant addition to our community. As a resident of the Highland Park Villas, which is supposedly 55 plus community, I can tell you that peace and security abound in such a community of residents. If I had not made the decision to move into the Highland Park area just last year, I would be scratching down Linda Lloyd's door for a spot and down payment to Alcom. Growing pains can be a perceived difficulty. Who among us has not experienced growth that we thought at first would be painful? To the current residents along Fairway Drive, I do understand the hesitation. I myself have built three homes in my lifetime and experienced the heavy construction vehicles, tools, noise, and workers. It passes 12 to 18 months of life, then it's over. A small disturbance until community is established, home is created, neighbors are within reach, friendships flourish. With patience and understanding, you will soon be in the company of a wealth of age, knowledge, and practical dignity. Those who know the creator of this 12 home develop, well, I guess it's 20 something home development know that the beauty of Bella Vista will not be destroyed. In fact, most likely she will build it in enhancement to our beautiful city, taking care to leave as much as

possible with as little nature disruption as possible. and no doubt the properties and land will be well cared for and maintained. Planning Commission Commission members, I ask that you recommend in favor of the Al Cman's project to the city council. Thank you. Good evening. My name is Yumi Brazinski. I live at 3259 North Kings Cross in Fagatville. I am one of the architects on this project. I wasn't planning on coming to speak, but I wanted to give you all kind of an insight. Actually, this is a public hearing for the You're kind of here representative of the owner. So, I'm here to support. I can't let you speak if you're here representative of the owner. You can speak during her time to rebut the public. Okay. Thank you. Is there anybody else that would like to address the commission from the public? If not, we'll go ahead and close the public hearing and ask the applicant to come back up to the podium. This would be your opportunity to address any comments or concerns that were brought forth by the public. Want to thank everybody who came to speak for and against. It's important that we have community input. Uh it's already been mentioned that the project is actually on public sewer and I started working on a project in Bella Vista back before COVID on the Arkmo property that the POA owned. Obviously that was going to be a much larger project and uh at the very end a certain group

swooped in and bought it cash in 45 days and since then I have been searching for a property on which to do a wonderful demonstration co-ousing project and last September it occurred to me that perhaps I should do it on my own property. I met first with our fire chief, Steve Sims, to find out if he would uh be in favor of it. Then I went and met with all the folks at Cooper to make sure that they were um in favor of it because my deed specifically mentioned that Cooper had to approve any subdivision that I did. And they were so impressed with the concept that they suggested they might like to do some co-housing communities. Um, and again, I want if this is approved, I want the neighbors to be responsive. If they see any issues, I will take care of it immediately. There should be no mud on the streets. That is not allowed. If there's problems with trucks going faster than they should, I want to know about it. And I will get that resolved. And if it doesn't get resolved, that contractor will be fired because I want to be a good neighbor. And I'm open to any questions that the board may have. Any questions or comments from the board? No questions. Just a statement. Yes, ma'am. Folks, we're voting on zoning tonight. That's all. We're not talking about the building or anything else that comes later. This is just a zoning of a new zone. That's all it is. Right. We'll see large scale construction plans later or something. The PPL will come later should council approve this. Yep. Any other comments, questions? If not, can I get a motion to recommend approval to the city council for PCD 202558573?

I make a motion we recommend to the council they approve this planning zone development. We got a motion from Farter. Second. Second from Clelesson. Call the role, please. Yes. Sbury. Barner. Yes. Portillo. Yes. Wagman. Yes. Ellis. Yes. Uh, this will move on to city council on next Monday night session. Next Monday night's work session on June 16th and possibly under the regular agenda for June 23rd. All right. Thank you for everybody that showed up and spoke to the planning commission. I appreciate you all coming and being a part of this process. Uh next up we have large scale development uh within the city limits for a third extension of the Razerback Greenway from Mercy Way to Rearen Road. Uh trails manager workman. Thank thank you. So no aspects of this project have changed since we saw it at the work session. The project largely aims to extend the Razerback Greenway from its current termination point at Mercy Way, traveling north along the Little Sugar Creek. It will then turn west to pass under the bridge of Bella Vista Way located just north of Rearen Road before heading south to the existing trail head located there on Rearen next to Fat Tire. Key improvements include a 10 to 12 foot wide multi-use path that is paved with drainage improvements and overhead lighting within the corridor under the bridge on Mercy Way. I'm sorry, the bridge is located on Bella Vista Way and then an asphalt overlay of the existing gravel parking lot that makes up the trail head there on Rearen Road. This project was previously approved by the planning commission. However, the approval expired in February of this year before AR dot coordination wrapped up with the

applicant. No public comments have been received and all public all staff comments have been addressed by the applicant. Therefore, staff is recommending approval of this request. Any questions for staff? The applicant present, if you would go ahead and state your name and who you represent. Faith Wilkerson representing Craftton. Do you have any questions or additions to the staff report? No, I think she wrapped up pretty nicely. Any questions for the applicant? Again, I'm full of comments tonight. I'm sorry. Um I Well, I remember on the POA board in 2023, we already approved this and we're excited about it. We've even met with the uh what is it? The little whoop community, the birds along the creek. We even had people go in and make sure they wouldn't be disturbed, etc., etc. So, I'm sorry it's taken so long for this to happen. Any other questions or comments? Not. Can I get a motion to approve large scale 20258918? So moved. Got a motion from Cleen. Second. Second from Portillo. Call the role, please. Yes. Barner. Yes. Yes. Wagman, yes. Boy, yes. Ellis, abstain. Uh, thank you. Stamp will get with you on the next step. Next up, we have large scale 2025 58745, a large scale redevelopment proposal at the existing town center shopping center. Planner Hyatt. Thank you. This property is located in the north central area of Bella Vista city limits and is in the current town center subdivision. Uh the applicant is requesting large-scale development approval for the proposed site reconstruction of the parking lot and retaining wall along the western side of town center. Uh the subject site

is zone C3 central business district. And again the western side of the town center uh shopping center has remained vacant for quite some time with some of the buildings having been previously demolished. The applicant is proposing to reconstruct the parking lot, removing the existing remnants of the previously demolished structures and returning the area the that lower level area to green space while also replacing the existing retaining wall. Uh the access drives will remain unchanged accessing the site from both Town Center to the north and Lasher Boulevard to the south. Uh per the master street plan, this site is surrounded by an unclassified road to the north and major arterials to the west and south. Because no expansions are proposed to the site, no new requirements will be established from the code in regards to the parking lot. However, the applicant is reworking the spaces to better achieve compliance in regards to parking space dimensions, uh drive aisle spacing, and planting requirements. Uh staff did want to note that a replat was to follow uh the site plan if approved. And due to the analysis above, staff does recommend approval. Any questions for staff? Not applicant, if you come forward, state your name, address, or who you represent for the record, please. My name is Evan McMahon with Craft and Soul. Uh, representing developer on this project. I don't have anything to add, but happy to answer questions. Any questions for the applicant? All right. And if not, can I get a motion to approve large scale 2025 58745? So moved. Got a motion from Farner, a second from Lloyd. Call the RO, please. Yes. Farer, yes. Portillo, yes. Wagman, yes. Floyd, yes. Ellis, abstain. All right. Staff will get with you on the next steps. Uh next up we have waiver

202559112 and large scale 202558554. Uh both dealing with a cell tower uh along Pumpkin Hollow Road Planner High. All right. This property is located south of Bellista City limits and is again located along Pumpkin Hollow Road. Uh section 107-250mm requires pedestrian accommodations consisting of sidewalks, trails, or other reasonable alternatives for connectivity. And section 107314A establishes uh surfacing requirements for access drives. Section 1073152B regulates access drive widths and uh section 107-164 sets forth review requirements for large scales. the applicants requesting waiverss from section 107250m uh 107314A 1073152B along with this proposed large scale development for the new cell tower. The proposed tower will be 195 ft in height and will sit 597 ft east of the road. Uh the current 90.35 acre lot will hold a 6,400 ft fenced in perimeter containing the tower, generator, and facility equipment. access to the facility's controlled via a 12- foot wide crushed limestone gravel drive leading to a 12- foot wide leaf gate at the fence perimeter. The access drive will be paved within the rideway and ARDOT has approved the design without a state highway permit to which they will review post construction. Um the site once constructed will be unmanned only visited for maintenance, equipment upgrades and repair. The applicant does not foresee any traffic increases with this proposed project. And the Happy Egg development to the north and west sits roughly 165 ft away from the tower, but the applicant has provided a fall certification letter from their PE stating that in the unlikely event of a tower failure, the chicken houses would not be affected. Uh the tower would fall within a 95 ft radius. Additionally, the PE provided stamp foundation drawings indicating the proposed foundation can support three times the proposed antenna

load and accommodate any future antenna additions. uh due to the nature of the request and the access that will be managed for the site. Again, the applicants requesting waiverss from the abovementioned sections to forego placing a sidewalk along the frontage and provide a crushed limestone access and fence location with the 12oot wide access drive. Funkin Hollow is classified as a collector per the master street plan and per the future land use map, the site is surrounded by Benton County. Uh due to the number of waiverss, staff does not have a recommendation at the time. Any questions for staff? Isn't this one that's in the county that's going to change? Yeah. Anyway, in August, I mean, why are we looking at this? We we because we have to I know not until August 5th. Till August 5th. Yeah. We are we are paving the portion that's within the ride ofway. Correct. Right. Correct. Okay. Is the applicant present? Yes, sir. If you would go ahead and come up, state your name, address, and who you represent for the record, please. Good afternoon. Uh my name is David McGee. I'm here to represent Vertical Bridge in this application and uh appreciate you hearing me tonight. Um uh I think uh Mr. Hyatt um covered everything I guess concern of the waiver request. Th this is um as he mentioned is is uh reviewed as a large scale application because it's in the planning area. If it were in the city limits, I think it would be a conditional use request. So, so uh but but it's in the uh what is it the uh it would still be a large scale even if it was in the city. You would just have an extra layer of a conditional use. So, you'd have a third permit. You'd have understanding that. So, um regarding the the waiverss, um we if uh should I address that first or just Okay.

However, how however you want to go. Okay. So, um I guess uh what our um unique circumstance I guess you would call it to uh uh request this waiver is that that we are at the nearly the end of of uh where Punkin Holler Road um intersects with with uh I 49, Interstate 49. And uh I'm not sure to be due to the driveway spacing requirements much more developable driveway to the south of uh our proposed location. And so we don't think the sidewalk could connect to anything on the other side. So so um and as regarding the the driveway, as he mentioned, it is paved. The the rightway for Punkin Hollow Road is is a good bit wider at this point. uh due to some drainage under I49. So it's it's pretty extensive paving um up to the kind of there's a little bit of a incline there and that will all be paved. Um so the overall I think uh developed area here is less than an acre and we had a drainage study done is and as you can see in that picture I think that's a start of a ravine about halfway down the driveway. Um so so as proposed would not have any impact uh per the drainage study. Um so and the width I think we meet the requirements through the rightway I believe it's 20 ft wide um you know off off of Punkin Hollow Road until that till it meets the property line. So no issue with paving the apron. Correct. Correct. Absolutely. I only ask because I like to ride my cycle up and down Pumpkin Hall Road and I don't want to

wipe out on gravel. I understand. Yes, sir. Any other questions for the applicant? If not, can I get a motion to approve waiver 20259112? Oh, motion from Lloyd. Second. Second from Farner. Call the roll, please. Farer, yes. Portillo, yes. Wagman, yes. Yes. Yes. Ellis. Yes. Uh, can I get a motion to approve large scale 202558554? So move. Motion from Farner. Second. Second from Portillo. Call the RO, please. Farer, yes. Portillo, yes. Wangman, yes. Floyd, yes. Yes. Ellis, yes. Staff will get with you on next steps. Okay. Thank you very much. Thank you. Uh next up we have lots split 202559121 a proposed lot split in the planning area at 9728 East McNilly Road planner highest. Okay. This property is located in the far east Bela Vista uh city limits within the planning area or sorry miss east of far east Vista in the planning area. Um the applicants requesting a lot split to create three new lots uh with this incidental subdivision application. Again, um the current tract is 34.5 acres, and they're wanting to split uh into tract 1, which would be 30.8 acres, maintaining, 1100 ft of road frontage. Track two would enclose 2.34 acres with 288 ft of frontage, and track 3 would enclose a 2.7 uh 2.7 acres with 190 ft of frontage. Uh tracks one and three also share a proposed 20ft access easement. All tracks are dedicating the required 20 foot front, rear, and 7 and a half foot side utility easements per this plan. Uh the subject land is located again within the city's planning area and is designated as agricultural per the

future land use plan. Per the master street plan, this portion of McNell Road is classified as a collector with 60 ft of required dedicated rideway. 30 feet from center line of road is to be dedicated per this plat across all tracks. No new streets are proposed nor are any vacated. The tracks uh all tracks have access to a public street and no increase in city public services is expected. No substandard lots are created nor does any tract require a waiver. Uh granting of a lot split would not negatively impact public health, safety or welfare of the property nor prevent any future subdivision of land. Um outstanding technical comments for this. a certificate approval to be corrected per 107-226b and staff recommends approval of the lot split due to the analysis above with the condition that certificates are corrected prior to seeking the chairman signature. All righty. Any question sorry? Thank you. Any questions for staff? Is the applicant present? Uh we don't have an applicant present, but I think it's been pretty well straightforward. Uh, do any commissioners have an opinion on taking a motion on this? I make a motion we approve it. Well, everybody good with that? Not having the applicant present. This is one that has a time constraint as well. Okay. All righty. Any any other questions or comments from the commissioners? If not, can I get a motion to approve lots 202559121? Uh I make the motion with the condition that the certificates are corrected prior to uh your signature. All right, we got a motion from Portillo with staff recommendations. Second. Second from Farner. Call the roll, please. Yes. Yes. Floyd, yes. Yes. Farer, yes. Ellis, yes. All right, staff, would you get with the applicant on the next steps, please? All right.

That closes our new business. Do we have anything from committee reports? No committees have been created. Anything from open discussion? I sent you guys an email uh with the open house. Just making sure you guys saw that the main event is June 17th at 5:00 pm at the rec center. um exhibits and FE Nichols will be here um to do visual reference surveys to collect, you know, show you what the code will create, what the architectural design of new proposals will create, what the new sign code will allow um to get the public engagement going before we have our special work session on June 30th. And if you can't make the main event, um we are staff is housing uh two drop by events on Wednesday during lunch and then Thursday morning uh at 8:30 here across the the hallway in the police training room. So, just want to make sure you saw that and marked your calendars. All right. Any other anything else for open discussion? All right. If not, uh the city council work session will be on Monday, June 16th at 5:30 p.m. with the regular meeting scheduled on Monday, June 23rd at 6 p.m. We will have a planning commission special session on Monday, June 30th at 4:30 p.m. That will be chaired by Commissioner Farner because I won't be here. And then we'll have our regular work session on July 3rd at 4:30 p.m. with a board of voting adjustment meeting on Monday, July 14th, immediately followed by our planning commission meeting. With that, we stand adjourned. Thank you everybody.