Planning Commission - Regular Meeting

We are going to start with the pledge of allegiance. to the for it stands one nation indivisible with liberty and justice for all.

Mr. Cardia, would you lead us in prayer? Let us pray. Heavenly Father, we thank you for your mercy, your grace. Uh we just ask for forgiveness for any of our faults and we just ask that you uh be with us here today. Uh thank you for giving us the privilege to gather here and assemble as many other many other nations and places cannot. Uh and we ask for your guidance and your wisdom here today. We also ask you that you please be with uh the conflict in Iran. Uh we ask that you lead this uh uh nation's leadership, Father. Uh guide their decisions, guide their every single steps, and be with uh be be with every single people and folks. And we just pray for everybody involved. uh be with us here today and ask for uh again wisdom and discernment for uh the best safety of leadership of of Springdale and for our residents. We ask for for for protection of our employees and every single family member uh here gathered here today as well and lead us uh in this meeting here today and other decisions made here uh tonight. In Jesus Christ's name we pray. Amen. Amen. Start with roll call.

Brent Couch here. Chris Hussein here. Clemen Ooni here. Matt Philpot here. Howard Austin here. Jennifer Keith here. Mark Cloud here. Ray Cardell here. Teresa Reynolds here. Our next item is approval of the minutes from last month's meeting. This will be a call for the vote. Call for the vote.

Uh, that's approved. 9 to zero. Um, up next we've got uh amendments to chapter 32 of the code of ordinances of the city of Springdale uh containing the downtown district forumbased code.

Thank you Chris. Um so the first item we have tonight is an update to the chapter 32. Um these are small focused updates that make the code easier to understand and easier to use and based on real world experience and feedback. Uh many of these updates are informed by the recently adopted downtown master plan and associated housing and parking study which was approved and adopted by uh planning commission and city council last October. And while the master plan provides the vision and the framework, tonight's request is translating that framework into clear workable regulations. Uh and the most significant component of this update is the introduction of a workforce attainable housing density bonus which creates an incentive for mixed income housing in our downtown. In addition to that, there are several smaller refinements related to administrative procedures. Thank you. Um some on administrative procedures, some frontage, parking, building form that improve how the code functions in practice. And so overall, these updates are intended to align um the code with the city's adopted goals of that downtown master plan. And there was a there was a memo in the packet um which outlined the the entire proposed edit to the form-based code was in it. Um and all the pink text was the proposed um and the memo briefly went over a couple of the changes that we're going to see. Um so I won't dive too much into detail unless somebody has questions, but I'm just going to touch on them. So, some of the administrative procedures um that we did, we already allowed for some, but this just expanded a little bit and this is really about real world construction tolerance. Um surveying existing conditions and site constraints don't always line up perfectly with code. Uh we also inter uh we introduced a tech plat review. So, we have some items downtown that kind of function like a non-l large scale. So food trucks, for

example, are permitted by right downtown, but um we need a site plan that is vetted and approved by the tech plaque committee before um site plans like that are approved. Um NR1, which is a residential district that we had in our formbbased code, that is now only a seed option uh with NR2 and NC2 in the southeast downtown. So an update to the regulating plan. Uh we expanded our seed district which is the Springdale elective enhancement district which is um some of our traditional zoning that are allowed certain areas are allowed to opt into the formbbased code districts and I think do a picture uh there it is the one of the seed district that one outlined in red that is an expansion of our PAL seed district. So we are excited that all of those properties now have the opportunity uh to elect into the formbbased code. Uh no surface parking lots shall have visible frontage from East Emma or West Emma where direct direct directly adjacent to Emma. That is a new change. Uh one of the districts are mixed our mixeduse district of neighborhood center type two had a couple changes. Uh we had an existing rule that allowed only commercial uses permitted on the ground floor of certain streets. Uh we had proposed introducing um codle and rather than that we actually decided to remove codle and as well as park street for now um and keep the ones that were already there with eliminating park. Um, another NC2 is the building form percentage for certain building types. And that building form is how much of your frontage is actually built out with um, a structure. And for NC2 courtyard rowous and a couple residential buildings went down to 50% building form and 60% for duplex, which will help out local developers and infill projects. Uh, the workforce attainable density bonus. uh carriage

houses is a building type that are now permitted um in NR1 and NC2 and a couple changes to frontage types uh shopfront and cafe. So now that Springdale the revitalization we're actually starting to see that um everywhere you look downtown is hopping a lot more cafes that want chairs and seats on the sidewalks and so the rideway. So again that will be a site plan that the tech plaque committee reviews and vets rather than bringing it to a public hearing. And the last update we had somehow didn't include the definition. So, they're back uh back and better than ever. And use units is actually one that uh apologies was not included on the memo, but we updated a couple of our use units. Um examples include um food trucks are allowed by right and NC1 and NC2. Um and I think churches as well were now allowed by conditional use and residential and permitted by Wright. And the one thing I do um I want to talk just a little bit about is the workforce housing density bonus. Um I do think it's important to touch on. So the assumptions and the numbers that are used here are based directly on the market analysis completed by H3 as part of the Southeast Downtown Housing and Parking Study. And that standard benchmark that is used nationwide simply says that housing is considered if it costs about a third of someone's income or less. Um, so the workforce households typically make too much income for subsidized housing but not enough income for new construction rents. These are the households who fall between additional traditional affordable housing and the market rate. Um, these include teachers, nurses, police and fire, um, construction workers, office workers, the folks who keep our city running day-to-day. So this density bonus is a voluntary tool that allows one additional story of height when a

project provides a defined percentage of workforce attainable housing. So we are trading value for value. Additional height in exchange for workforce housing. And we think the community receives a clear public benefit from that. So this does not change the base zoning or buy height. It's an incentive not an entitlement. Uh the housing studies showed us that the cost to build housing um is often higher than what work forward households can actually afford to pay in rent. So without some type of incentive the market's going to naturally produce higher priced units. So the goal of this we're trying to create and promote mixed income housing. Uh one small refinement to the density bonus related to the unit mix. So based on the feedback, the requirement for larger units was adjusted from 50% to 33 and applied consistently across all districts that are eligible for this. Uh this doesn't change affordability requirement, participation threshold or duration. It simply adds flexibility to how the units are distributed. Um we're trying to improve implementation rather than changing the intent of it. I think that wraps it up.

Thank you, Sharon. Any public comments? Any comments from the commission? This will be a call for the vote. Call for the vote that passes 9 to zero. All right. So, this the uh the ordinance that was included in the packet is going to be forward to city council for April 28th for the the last meeting of the month. Great jobs, planning staff.

All right, before we jump into our next item, um I'm going to let you guys know about the tabled items this evening. Uh the first one is B26-22 uh Edid Padilla. The next one is B26-27 and 28. That is the goring phase 2. Now we'll move into our tabled items from our last meeting and we'll start with B26-15 Trent Curry Building presented by Expedient Civil Engineering. Jason Engles with Expedient Civil Engineering just requesting a few waiverss and variances associated with a non-large scale. Uh we previously did a development with the same client to the east that turned out quite well. As typical with some of these additions to existing buildings, sometimes we can't meet all the ordinances. So we're making those requests here tonight. Answer any questions you may have. Staff comments.

Anything from the public commission? Can you speak to the variance on the parking lot and your landscaping? Are you providing less landscaping or you just moved it around a little bit? We moved it around a little bit on site. This the same requirement as typical just not in the exact locations. Exact. Thank you. And what about the parking lot orientation? Can you explain that to me? Yeah. So, we're adding this building to the south of an existing building and that existing building to the north is almost right on the lot line. So, there's no way to put the parking other than Mount Front.

Understood. Thank you. Fortunately, anybody else? You guys have any issue with taking the variances all together? This will be a call for the vote on the variances. Call for the vote. passes nine to zero. Thank you, sir. Yeah, he's got one more. Thought it was done. Well, you've got a you got a waiver for street improvements. I do. The other and the other variants. Um got

anything more to tell us about the variances for the park? We've talked about parking lot orientation. I guess the landscaping and what what specifically is your question? What are we requesting?

Yeah, I think it's just the waiver. Yeah, we're just at the waiver at this point.

Um, you've got a waiver of street improvement request and tell us about that. So, um, we're only doing a 12,200 foot addition. Uh, this is part of a larger parcel, an existing building in the north. So, we're requesting the variance or waiver request to only have to do the street improvement to the north side of that addition. It's a lot burden to put that on a little 1,200 foot building. And I think our client has proved that he's improving this corner. We've already started with the building to the east. We're just working our way around to the north. So, you're improving the street around the curve. Is that right? Are you doing a partial improvement? Is that what I'm seeing there or no?

Well, the dark line, see the curb stops at the 1,200 square foot addition. That's street improvement, but the parcel actually runs north an additional maybe 100 couple hundred feet. Engineering. Any comments? And I believe the intention is that the developer will come back and and improve the rest of Ingram with the next building. Is that correct? That is correct. As we work around the corner

and I think that's why we have that variance for paving requirements as well because there is some gravel parking on that north side um that they would like to keep instead of doing the street improvements at this time. So those kind of go together. Understood. Thank you. Any public comment on the waiver? Any other staff comment? Anything else from the commission? This would be a motion to forward to council with recommendation of approval or denial of the waiver. Motion to forward to city council recommendation to approve.

Second. That passes 9 to zero. Staff will prepare a resolution that goes to council on the 28th. Thank you, sir. You're good to go. Up next, we're going to move into our public hearing reszoning. Up first, we've got R26-13, Brandon and Tanya Barios, presented by Victor Barios.

Good evening, sir. Could you state your name for us? Victor Barios. So we just requesting that uh resing from A1 to C2 in 4346 North Oak.

Any staff comment? The 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 improper locations and encourage the development of a wide range of commercial development for the residents and tourists to include neighborhood, community and regional centers. Anything from the public commission? Any questions? This will be a call for the vote. Call for the vote.

This resoning passes 9 to zero. Mr. Bario, staff will prepare uh an ordinance that goes to city council on April 28th. Okay. Thank you.

Thank you. Have a good day. Up next, we've got R26-14, Springdale Water and Sewer Commission of the City of Springdale. Um Jeff Glasco. I'm with Springdale Water Utility. Jerry Cook, Springdale Water Utility. We're here to talk about um a reszoning of two lots on our complex and both lots. We're wanting to build a carport. We're trying to go through the process of a project for a truck port, a carport to keep some of our equipment in. And the two lots we're wanting to build, which are in the blue, are both zoned residential. We'd like to get those reszoned so we can build a carport on those two lots. staff comments.

We appreciate this. They have the the small non-large scale under review with our office right now um to protect their trucks out there and it was a good opportunity to come into zoning compliance. Um the reasonzoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Public safety facilities should be located to minimize travel and response time within their service areas. Anything from the public? Commission. This will be a call for the vote on the reszoning. Call for the vote.

That passes nine to zero. Okay. For the reasonzoning, staff will prepare an ordinance that goes to council on the 28th. Thank you. You want me to talk about the

You guys also have a variance for paving requirements. Tell us about that. to set set pictures back up. I can explain it better, but uh to access this uh future carport, we're coming off of a blacktop drive to the north and we're proposing variance to go with gravel instead of pavement or black top basically because a cost for one, but also because of the the heavy use that's going to have in the summertime on asphalt. It's not going to hold up very good. So, we're requesting a variance for gravel for just that section. It's about 2900 square ft of rock. Any staff comment?

Anything from the public count or commission? If not, this will be a call for the vote. Call for the vote. That pass is 9 to zero. Okay. Thank you. Thank you. Next up, we've got R26-15, uh, Karine F. Uphold revocable trust presented by Alan Reed and Associates.

Good evening. How are you? Doing well. How are you doing? Well, I'm Michael Lavender. I'm representing Allen Reed and Associates. That's great. Tell us about your reszone.

Uh what we're looking at doing is doing a uh moving from A1 to C2. Um they look they're looking at selling the proper property eventually and um it's also conforms to the um comprehensive land use plan as mixed uses are kind of surrounding the uh the parcel. Uh to the south we have A1 and 01 districts with Mil Creek Health and Rehab and to the north we have a C2 zoning with the entrance to Williams tractor located north. Any staff comment?

The reasonzoning 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 commercial areas of sufficient size and improper locations and encourage the development of a wide range of commercial development for the residents and tourists to include neighborhood community and regional centers. Ma'am, could you please come up to the podium? State your name and address, please.

I'm sorry. I didn't realize it's hard for us to hear something that you're saying. Oh. Um, my name is Donna Johnson. I live at 4305 South 48 Street. I'm right across from the street where this property is. So, you will be having probably entryways off of Shechenol into the property as well as 48th Street. Yes, ma'am. As far as I'm aware.

All right. I just want to them to keep in mind is that there's Sheenol, then there's two private drives into one house, then there is the drive for 48th Street, and then just a little ways up is Williams Tractor. down at the south end. We've got apartments. We have got Cox communication. I'm right across that street from this property. The traffic on that street, people are driving like it's a racetrack. And so for me and these other people are going to have problems. There's now going to be a driveway so close together. She driveway driveway and then a driveway for this business. And when I'm trying to pull out of my driveway, 48th Street is not a straight shot. 48th Street goes down, does a little jaunt, goes on down, and you can't see down 48th Street. We have got huge trucks from Cox Communication. We have got heavy duty equipment trucks coming up and down through there. You've got to pull out and hurry. And that's going to be a really treacherous area because she is going to be busier as well as 48th Street. So, that's a big concern for me because right now I almost get killed pulling out because you can't see down 48th Street and u I just want to bring that to everybody's attention. It's it's a concern for us

and I I will say if if approved and they decide to do a development, they will have to adhere to commercial design standards um and notify you, right? So, if there's a development plan or they ask for another request, um, adjacent property owners would have to be notified and we may be back in a public hearing setting to talk about some of the safety ones, but so far nothing's been submitted, just the the reszone. All right. Thank you. Any other comment from the public commission? Yes, ma'am.

Sure. Come on up. State your name, address. Hi, I'm Leanne Swift. Um, I live at 4737 South 48th Street. Um, and I wish I had a way to submit a video to you guys or play a video for you guys, but if y'all could just do us like just hold off on this for a minute and go drive down 48th Street between Johnsonville Boulevard and Don Tyson Parkway. It is, you know, we do have problems there because Comcast is there and the tractor supply being there is awful. But the tractor supply is they have a really long driveway and they're off on the road where you can see them on the interstate. So 48th Street itself is a actually a beautiful street right now, but it's slowly being ruined by, you know, the tractor supply was pretty awful, but again, they're off the street. the um nursing home, they they they situated themselves so that they left greenery on the side of the street. Um and but they did they they cut down the hillside whenever they built that. I mean, they just completely dug out the hillside. And so between that and the tractor supply, the noise pollution now coming over, you know, onto 48th Street is crazy. And it it wasn't like that. And it's just those two things combined. But if you read through, you know, the city of Springdale's, you know, all your stuff about how wide your streets can be and we want trees here and I know you all are trying to make Springdale really nice and Emma Street like what you've done down in the downtown area is beautiful, but if you guys could look at

this area, it could be really a little gym for you guys. And you know, if you look south at Johnson Mill, you've got Johnson Square that's there. Um that's an awesome development that you've got right there like this could be the beautiful entrance to Springdale when people are going down that street. You've got um the Johnson Mill which is they're you know increasing their um property. So they're going to have more you know people staying at that hotel and enjoying the area. And I just wish you guys could save this street. And if there's somewhere I could send this video. I've got a video just driving down the street, but you can go drive down by down by yourself. It is not the commercial place that they're making it sound like. Um, it just it's not. There's tons of trees. There's tons of residents. The whole, you know, uh, east side of the road is all residential and pretty much almost all of the west side is is residential. And you know, and it what's zoned commercial is it does say like it has to be set back from the road and you've got some requirements, but just please go look at the street and maybe rethink this street because there are so many other places in Springdale that are already flat, already I'm so sorry, like not attractive where if somebody wants, you know, to come in and cut down all the trees and butcher the hillside, it's like, why are you why are you buying that right there? like do something different. And and two, on this street, we've got bicyclists. Um you know, the trail in Johnson on the bike trail is is right there and could connect and it shows on the map that it does. So, we've got tons of bicyclists that come down the street. We do have a lot of pedestrians. The um cuz the apartment there's an apartment complex right there, which I used to hate the apartment complex, but after seeing what

the Mil Creek, you know, uh rehab nursing place did, um I love the apartments because they kept the hills and they kept the trees and they kept the whole flavor of it. But but this could be a really good area for you guys. A really beautiful and just, you know, really a feather in your cap for Springdale and kind of an entrance to Springdale because it does connect with Tyson and then you're on Don Tyson, it's like, oh, it's it's beautiful. So, just I'm not talking all the 48th Street because north of Tyson is horrible, but just this little section between Johnson Mill Boulevard and Don Tyson, if you could try to maybe rethink this area and even the commercial properties that are um the 01, the little purple one in the front, um that that was commercial, but it's already turned back over into a residential house because it's not a business area like it's just it's just not. Um, so if you could just just pause this for a second and just look at that street, maybe rethink of how you look at it. I think you could have really good things for this road coming down the pike and they could, you know, benefit from that, too. But they've already, and I've got a video that I just took today, um, where they've already started kind of clearing out the trees and stuff, and they haven't even sold the property yet, but they've started clearing out trees and kind of started butchering the hillside already. So, we're just asking you to to pause. Um, there's a lot of people in that area right there that have lived there forever and and love it. And my for myself, I'm the eighth generation of my family that's lived on that property. And you know, we've seen a lot of changes, but it's it's still a good street. It's still pretty, and it could just be such an asset for Springdale. Um, if we could just reframe it a little bit.

Thank you. Thank you. Anything else from the public? Yes, ma'am.

Hi, my name is Renee Armstrong. I'm at 4368 South 48th Street right on I think you pronounce it Shakina. Um I'm a new resident here but um ever since I moved in that road has become a speedway. It is a literal speedway. I have reported this to both Springdale literally come in here and made reports. I reported it to Johnson because there is a dividing line there. Um I've seen maybe two cops in a year and a half. They they said, "Oh, yeah. We'll take care of it. We'll we'll do you mind if we park in your driveway?" No, I'm right there. I big house that's right on Shakina and 48th Street. Before I moved in, after I purchased the house, but before I got there, someone had lost control and run up onto my property. Of course, they didn't leave a a name or a phone number uh to, you know, to compensate me for the damage what I had to to repair the, you know, my my landscaping. So, I'm really concerned about the fact that there's going to be a lot of traffic and they I have to say that I happen to know that a lot of the speeders are coming from the apartment building. They use that like, you know, the Indy500 going up there. I can hear him in my house just barreling up that street. And you know, I would hate to be pulling out of my driveway and get hit because they don't have enough time to stop before I come I pull out and it turns. So when I pull out, I don't see anything right away. So going toward uh Johnson. I just wanted to bring that up because it is a big concern. the traffic and the noise is going to affect that area.

Thank you, ma'am. Thank you. Anybody else from the public have a comment on this one? Commission.

Yeah, I want to give a little brevity to this conversation. Um, I don't live on 48, but I live on Don Tyson. I use this street often, like every week, multiple times. Uh, I think the commercial that's been done to date has been good. Uh, most of it's been pushed way off this street because I agree with the the two people that spoke. That street is nice. It is tree line. It does meander. It's not a straight raceway like Don Tyson is. You should live in off of Don Tyson. You think this road is bad? You should live off of that road. It's like Indy500 trying to get out on Don Tyson sometimes. Um, but you know, to me the biggest eyesore on this street is there's a couple boarded up houses where people don't live anymore. Um, I think the assisted living while they did cut down a little bit of the hill and you probably do have more sound from I 49 which is it is what it is. Uh, I think otherwise they did a great job of situating that project uh near the interstate. And the reason why this is why more people are coming here asking for C2 is because of the convenience to the interstate. You can get on and off easily. It's still fairly quiet compared to other places. Um like the director of planning mentioned. Uh this is just a reszone request. Uh when a large scale development is picked out or selected or what they want to do, they have to come back and and meet those uh standards. I know um even with the tractor supply place uh the signage ordinances they had to go through to get signs on both sides of the entryway um they had to go through a couple more steps and part of the reason why they did because we do want to protect uh the beauty of the street and and make sure that what's done there is is something that benefits it. Um not saying I'm for or against

reasonzoning. I'm just want to give a somebody who drives this street constantly. I don't see necessarily uh I actually have dodged more deer and coyotes than I have cars on this street. So, could I make a followup comment about that? Yes, ma'am.

One big difference between Don Tyson and 48th Street is you you've got cops up there, you've got police officers, and they give tickets and stuff on Don Tyson. I've got one on Dyson on Tyson. We never have a cop on our street. There's never police on our street. It's racetrack and they're I mean they're going 50 and 60 flying. But I just wanted to I'm just saying I've never seen that. I'm I don't live on the streets. I don't I'm not there as often as you are, but I am there a lot. We do. And I've never seen anybody race down that street. That's all I'm saying. Well, come and sit sometime for 15 minutes. Anyway, that's I just want to make that comment. There's no No monitoring of that street.

Yes, ma'am. Thank you. Any other comments? Yes, ma'am. Could you come to the podium and speak?

I know we're fighting a lost cause here, but um I mean I I had to come and get a variance for my house to get a fence in the front to try to protect myself from the street. the traffic is the traffic is bad. It's it's enough. Um with people cutting through, I think it's going to be better once you get the 112 stuff straightened out. Um I think it'll ease up on our street. But uh and I even did talk to John Easterling um the other the other day that works um on the roads and stuff and about getting the speed limit put down to 30 because we're in because it's Johnson on 48th Street and then it turns into Springdale and Johnson's 30 and Springdale is 35 and so the cars, you know, come out, they hit that 35 and then they start going about 50. And like I said, there's a lot of pedestrians. I've even seen like a really elderly lady getting assisted down the sidewalk because there are sidewalks on both sides of the street getting assisted by somebody and it's like, is she from the nursing home? Where is she from the apartment? Where is she from? But you know with the we do need to do something about the speed um there through there and Easterling said that he didn't know if there was a lot that could be done because it's kind of uniform on you know this is this kind of street this is the speed limit and so it's varied by the type but um but it is busy but just the street could be I don't know it could be a lot more but the traffic is bad and if I don't know having having more is not going to help but we already have a lot of pedestrians and a lot of bicyclists and um and it's just a beautiful street with hills and trees and there's if you want a flat place that's accessible from the interstate build on 48th Street north of Dawn Tyson from Don Tyson to Sunset there's lots of land lots of land for sale it's already flat it's already

ugly like please don't butcher this street so thank you thank you there are no other comments this is a call to the vote Call for the vote.

That passes 9 to zero. Staff will prepare an ordinance that's going to go to city council on April 28th, the last Tuesday, at 6 pm. You're not required to be present, but I recommend it. Also an opportunity uh for anyone else the neighborhood to come out and speak at that city council meeting. Okay.

Thank you. Up next is R26-16 Blue Willow LLC presented by Watkins Boyer Gray and Curry. Good evening. Will Kelstrom here on behalf of the applicant Blue Willow LLC. Um we are asking to reszone this 1.61 acre parcel from C6 to C5. We are looking to take advantage of the open display retail sales that are permitted under C5. Um, this is coming with staff recommendation and I will point out that we are going from C6 to C5 again which is actually a down zone. Um, so that's all. Thank you.

Thank you, counselor. Any staff comment? Um, he's correct. This is a downgrade in the commercial intensity. Um, and this resoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Encourage the development of the regional commercial areas that accommodate a variety of wholesale retail service and office uses where the highest traffic volumes and greatest utility demands can be served. the more uh extensive outdoor display of materials will be expected and permitted and that have frontage and/or access to I49 and state highways and promote the viability of older commercial properties as well as new commercial development.

Any public comment about this reszone commission? This would be a call for the vote. Call for the vote. This freezone passes 9 to zero. Staff will prepare an ordinance that goes to council on the 28th. Up next, we've got R26-17 Chanc LLC presented by ESI.

That's me again, Will Kelstrom here on behalf of ESI. Um, so I will point out um that RZ26-16 and RZ26-17 are adjacent to each other. They're owned by two different people and therefore we put put forth two applications, but they're part of the same development and and I have about the same comments for both. Um, they're both around 6.3 acres. Both of them are surrounded by C2 and C5, most of those being C5 zonings. It's got good proximity to the interstate and highway 412 and uh 48th Street is a collector road. So, um asking for MF24. Um not a whole lot around there in terms of lower density single family that it can conflict with. So, um hear if you guys have any questions. Thank you.

Staff comments. The reasonzoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Multifamily housing should be developed at a density and scale that is compatible with the surrounding neighborhood and available utilities and roadway capacity and larger multifamily developments should be located on sites with adequate space for off- streetet parking, accessory structures and recreational activity and towards the edge of single family residential areas where higher traffic generation and taller building heights can be better accommodated. Yes, sir.

U my name is Mike Bohannan. I live next door to that property on off of Moon Lane and I am not uh commercial. I'm still residential and I want to know what he's planning on building there. I mean, if it's going back right, I already have a drainage problem from the storage buildings. The buildings runs right off the side right down to where Honda had was going to buy. Well, they bought it, but they they didn't build. And all that water comes right down on my property, floods my garage since they built that. And now there's two ponds just north of me. You can't see it here, but there's two ponds right north of me. They going to fill in the ponds. They make a backflow. What's it going to do to my property? And are they going to put town houses, apartments? I have no idea what they're going to put. I lived there for almost 40 years. I've seen, you know, encroachments. I know they're going to build the church up north of us. They was going to build those 500 apartments. They got rid of the apartments. They're going to build the church. Great. Less traffic. But what what are you planning on putting there?

I I will say no development plan has been submitted yet. So we we don't know either. It it would be something if it passes. It'll have to be a permitted use within the MF24 zone. What's that? What's that mean? It'll have to be a residential building. So it could be a single family home. I don't have I can look up all the options. Or apartments or town homes. It could be up to where do he go? I'd like to know what he's planning at this phase. They're just here asking for a reasonzone. There is no development plan. Well, where's he at? I would like to know what he's planning on. I mean, I didn't come here just to get nothing. Where'd you go? What are you planning?

I think this is a conversation you guys could have outside of this meeting. Um, again, we are just here for the reason. No development plan has been submitted. Uh, that if if he's going to put 80 apartments over there, I don't want to reszone. If I may, Chris, chairman, sir, I don't they're not allowed to consider what he's going to develop at this phase. Right. There will be That's correct. It affects me, but he can't tell me what he's right. Not at this time. Not for what's before the body. Right now, they're just allowed to consider what the zones are requested. Thank you, Mr. Harland. Any other comment on this reszone? That would be a call for the vote.

Call for the vote.

Reszone passes 9 to zero. All right. So for R 2617, staff will prepare the ordinance that goes on the 28th. Up next is R26-18 Brent A Hamby trust agreement presented by engineering services. Again, Mr. Kellstrom, I have no further comment. I'll just reiterate my comments from the last item. Thank you. Thanks, sir. Any public comment or staff comment on this one?

Similar to the previous one, uh, this request, the R26-18. Uh, this resoning request is in keeping with the following goals and policies of the comprehensive land use plan and is recommended for approval. Multifamily housing should be developed at a density and scale that is compatible with the surrounding neighborhood and available utilities and roadway capacity. Larger multifamily developments should be located on sites with adequate space for off- streetet parking, accessory structures, recreational activity, and towards the edge of single family residential areas where high traffic generation and taller building heights can be better accommodated. Any public comment on this freezone commission? If none, this is a call for the vote. Call for the vote.

This freezone passes nine to zero and staff will prepare an ordinance that goes to city council on the 28th. Up next, we're going to move to our public hearing uh portion of the meeting, conditional uses. We're going to start with C26-02, Colby Dean Drake. Evening, sir. Do what? Sorry. So, good evening. Good evening. Uh, could you please state your name for us? Kobe Drake. Mr. Drake, you're here uh seeking conditional use. Is that correct? Yes, sir. Could you tell us about that?

Uh, just to excuse me. Just be able to put a manufactured home on my property is Yeah. Any comment? Go ahead. Sorry. Go ahead. Were you going to say something? Just on the old home, please. Any comments from staff on this?

So, this request for a use unit 14 residential manufactured housing in an A1. Um, it's only a conditional use in A1. So, for the M manufactured housing, once installed, it functions as a permanent single family residence. Um, and this request is not for a mobile home park or a temporary building. Um, they also have a variance that's going to be heard for a reduction of minimum road frontage from 200 to 140. Um, and then some of the development standards review guidelines for this ingress and egress to the property acceptable off- streetet parking and loading areas acceptable. utilities with reference to location availability and compatibility acceptable. Turn the page. Uh yard requirements and um open space requirements of the A1 agricultural district acceptable. Um the size arrangement and shape of the site. Um other than that one is unacceptable at the moment, but we've applied for a variance for that 60 foot of road frontage and general compatibility with adjacent properties and other properties in that general district. Acceptable. Um and I also want to have here the conditions that the city has for manufactured housing. Um the structural additions or alterations. Um so if approved due to its integral design, the building inspector of the city must approve any structural modification of a manufactured or mobile home after it's placed on the site. All structural additions shall comply with the adopted building codes. Exterior appearance standards. manufactured homes shall be compatible in a similar appearance to on-site or to site constructed residences um in it that they shall have more than 576 square ft of occupied space. Uh minimum width and length of at least 24 ft. Be placed onto a permanent foundation system in accordance with adopted building codes. be anchored to permanent foundation systems in accordance with the adopted

building codes and manufacturer specifications and set onto an excavated area with permanent perimeter walls constructive block bricks stone with foundations footing or crawl space to the basement constructed in accordance with adopted building code. Have wheels, axles and hitch mechanisms removed. Have utilities connected in accordance with the applicable city codes or manufacturer specifications, whichever is more restrictive. have siding material of a type customarily used on on-site constructed residences. Um, have pitch roofs and roofing material of a type customarily used on-site constructed residents. And have two off- streetet parking spaces for two automobiles.

Any other comment? Anything from the public commission? We'll take Now, is that something you all agreed with as far as those requirements? Yes. Yes. Yeah. Yeah. I'm going to gravel and everything. It's going to be parking spots and Yeah. Awesome. It ain't going to look It'll look Yeah, that's great. Okay. He's going to make it pretty. Uh if this sells, the buyer would have to come back in and request the same conditional use. Correct. Or no, I can't remember. Potentially because it does not transfer.

Thank you. Anybody else? If not, we'll take up the variance first. Um, this will be a call for the vote. Call for the vote.

Variance passes 9 to zero. Then conditional use would also be a call for the vote. Thank you. Oh, okay. Call for the vote. That also passes 9 to zero. Um staff, we're going to prepare a resolution that's going to go to city council on last Tuesday, April 28th at 6 p.m. right here. Uh you're recommended to attend just in case they have any questions. Um and I'll say the last time we had a request like this uh for the manufactured housing at A1, I think it was your twin brother right next door. So this feels familiar. Uh, so you're you're not seeing double.

Thank you. Thank you. All right. Up next, we've got C26-3 and B26-25 Gringo Burritos LLC. Presented by Ross Jackson. Hello. You Ross Jackson? I am Ross Jackson. Floor is yours, sir. Say it again.

The floor is yours. Okay. Excellent. Um, wanting to put a food trailer here. This is a Brian Moore property. Um, I own the existing business, Elm Street Gym. Um, wanting to put something, think Chipotle, you know, burritos, bowls, fajitas, something affordable, uh, fast, healthy. Uh, there's a lot of cars going up and down this road, people going home after work. Just give them an option, something they can come in and grab on their way home. Seeking in the variance for utility requirements as well. Is that right? Yes. Any staff comment?

Okay. So, for this mobile vending request, um um so the memo that was in the packet, there's been a couple updates. Mr. Jackson's been working hard to make sure and address everything. Um so, in the memo, it said that the max 160 square foot accessory use. And we circled back to him and it sounds like he redid measurements in his pictures uh with the ruler and it actually is compliant. We thought it was about 10 square feet off, but it seems compliant. Um, no permanent utility connections. You've requested the correct variance. That one still stands. And the other one under site standards was the submission of approved graywater disposal approved by Springdale Water Utilities. Um, and you were able to provide that um, and it was compliant. So, and received and the hours conduct it all was compatible and the additional restrictions that the city of Springdale places on mobile vending sites just if approved that parking and loading areas must be identified may not operate between the hours of 10 p.m. and 7 a.m. No obstruction of parking spaces required for the operation of any other use on the site. Maintain on the site a minimum of three parking spaces designated for their use. If a health certificate is required, display the health certificate in a manner that's visible to the customers. No obstruction of pedestrian or motor vehicle traffic flow. No obstruction of traffic signals or regulatory signs. No vending upon a public way. No sound device that produces a loud or rockous noise in violation with the city ordinance or in violation with any other city ordinances in connection with vending operation. Keep vending sites clean and free of paper or refues of any kind generated from the operation of the business. All trash and debris accumulating within 20 feet of any vending stand shall be collected and deposited into a trash container. Submission of approved graywater disposal by Springdale Water Utilities. Submission of an approved grease disposal method um if applicable. And all signs must meet the requirements

of a temporary time signed section um I'm sorry of a temporary sign section 98-61 of Springdale Code ordinances. And no flashing lights no flashing signs or lights are allowed. Yes, I read that. I'll absolutely make sure that it is something we can all be proud of. Wonderful. Any public comment commission? Sharon, can you tell me again what the utility variances for?

Yeah, right now um for mobile vending units, uh they are not allowed to have permanent utility hookup. Um and most places that are seeking the conditional use want to be permanent. They don't want to run or operate just off a generator. So, it's pretty common to see them request um they would have to contact the utility company and so we want to run it by planning commissioners um an ordinance. So, this variance request is to provide permanent power. Yes, sir. Thanks. Is there is there anything changing on that side with like lighting or anything? I know you talk flashing lights, but like permanent lighting. I know there's residential semi close to that, but

other than just what's right there over the overhang of the truck. No. So, not any more street lights or anything like that. The gym itself has a lot more light on the front than what the truck will have. So, if there are no other comments, this will be a call for the vote on the variance. Call for the vote.

Variance passes 9 to zero. Um, and the conditional use would also be a call for the vote. Call for the vote. That pass is not a zero as well. All right. Staff will prepare a resolution that goes to city council on the 28th right here at 6 p.m. And you're encouraged to attend in case they have questions. Okay. Okay. Thank you. Thank you.

Up next is C26-04 mile 59 coffee presented by Justin and Corey Steel. Hi, Justin Steel for Mile 59 coffee. Essentially requesting home occupation conditional use to be able to roast and sell small amounts of coffee under the Arkansas Food Freedom Act. Any comments from staff?

First, I'll say it was a very thorough application and site plan and staff very much appreciated that. Um, so thank you. Uh, so this request for a use 28 home occupation SF2. Um so they have they have confirmed that uh a max of 250 square feet will be used for the occupation purposes uh which is well under the 30% maximum of the heated space to be used for this. Um some of the site standards ingress and egress is acceptable off street parking um yard requirements size and shape of the site and general compatibility. Um for the site plan review we found it consistent with the requirements of use unit 28. Um the proposed use is conducted entirely within the residence remains secondary to the primary residential use and is not expected to generate significant traffic or impacts to the surrounding neighborhoods. Um and home occupations shall be permitted only if it complies with all of the following. No alteration of the outside appearance of the residential structure or provision that the separate outside entrance for the business areas of the residential structure. No outside storage of materials required for the operation of the business. Operated only by the resident members of the household and shall not have any employees, concessionaries, or any other form of operator or help whether such business is conducted on the premises or off the premises. Requires the use of an area no greater than 30% of the total heated living space of the residential structure. Generates no traffic, parking, sewage, or water use in excess of what's normal in the residential neighborhood. will not produce any fumes, odor, noise, or any other offensive effects that are not normal to residential activity. Will not involve accessory buildings. Stock and trade shall not exceed 10% of the floor area of the accessory use. Will not require the construction of a duplicate kitchen or addition to the existing kitchen. Will not require or cause the consumption on the premises of any food product produced thereon. And will not provide medical treatment, therapeutic massage, or similar activities. Does

it work for you? Yes. Y any public comment commission? One question. Uh although I love the smell of roasted coffee. Um have can you explain a little bit of that to me how you're going to try to maintain that odor to some degree. I'm assuming you've got some plan for that. It's a a very small countertop roster that doesn't produce any more odor than you would in a standard kitchen. So it it's roughly this big. Gotcha. It it's not like a big commercial roast or something. When I say small scale, it's very small scale. Are you selling online? Is that your primary? Okay. Thank you.

If there are no other comments, this would be a call for the vote. Call for the vote.

This passes 9 to zero. Staff will prepare a resolution that goes to council on the 28th here at 6 p.m. Thank you. Thanks. Up next is C26-05, Spirit of Truth Church, presented by Roy Burton.

All right, got you. Roy Burton, Spirit of Truth Church, seeking a conditional use to continue to operate as a um church in a C2. staff comments. Uh so this request for use unit 42 um church or synagogue in a C2. So this site um has historically operated as a church, right? How long have you guys been um 14 years?

14 years. Okay. I knew it was more than a decade. And this is procedural where at the time um they did meet fire and building code um but a conditional use um was was not um sought. So, we are going back um and just crossing our tees and dotting our eyes. Um so, on FedEx Drive, um 3,000 foot commercial building and as far as parking, we know that the same owner manages a lot of those properties and has other parking and provided uh a shared parking agreement to make sure that there's adequate if overflow is there. Um ingress egress is acceptable. uh refuge and service areas. Um sign if any. I think you guys just have a wall sign on the building.

Correct.

Um the size and shape of the site including the size, shape and arrangement proposed uh structures acceptable and the general compatibility with adjacent properties and other properties in the general district is acceptable. Um and the recommended conditions for the use 42 occupancy load as determined by the fire marshall to be 92 persons for the entire suite. Hours of operations are limited to 6:00 p. p.m. to 7:30 p.m. Friday 8:00 am to 2 p.m. Saturday 9 to 11. Sunday 8:30 to 2 and 3:30 to 5. Must observe the provisions of the city's adopted noise standards. Meet all building and fire code provisions. And no sign shall be erected, maintained, or utilized within the city except by a permit issued by the chief city inspector. Y

that sound good to you? Yeah, I believe everything's been um approved. Yep. From different departments. So, any comment from the public commission? There's no comment. Uh this would be a call for the vote. Call for the vote.

It's approved 9 to zero. Thank you. Staff will prepare a resolution that goes on the 28th. Um it's recommended. You're not required to, but in case they have questions, I can't answer as recommended. Up next, C26-06, Alice's Garden, presented by Alice Eastwood. Hi, Alice Eastwood on behalf of Alice's Garden seeking um unit 28, home occupation, to allow me to sell specialty cut flower bouquets that I grow in my backyard, as well as paintings um that I paint inspired by those flowers. Staff comment.

All right. So, this request for use 28 home occupation in SF2. Applicant requesting to operate a business consisting of creating artwork and growing specially cut flowers on site for off-site or online sales. The proposed use will operate entirely as a low impact resident based activity. Um, with a single family dwelling site is surrounded by other single family dwellings. Master Street plan designates Laurel Ridge as a local street and some of the development standards of the area. Ingress egress acceptable. Off streetet parking acceptable. The yard requirements open space acceptable. Size shape of the site including the size, shape, and arrangement of proposed structures acceptable. And the general compatibility with adjacent properties and other properties in the district is acceptable. Uh staff finds the request consistent with the requirements of the use 28 home occupation. The proposed use is conducted entirely within the residence, remains secondary to the primary residential use, and is not expected to generate significant traffic or impacts to the surrounding neighborhoods. And home occupations shall be permitted only if it complies with all of the following. Um, no alteration of the outside appearances of the residential structure or provision of a separate outside entrance for the business areas of the residential structure. No outside storage of materials required for the operation of the business. Operated only by the resident members of the household and shall not have any employees, concessionaries, or any other form of operator or help whether such business is conducted on the premises or off premises. Requires the use of an area no greater than 30% of the total heated living space of the residential structure. And in the packet, that one was in red. Um but we have since confirmed that well well under uh the maximum um percent of the space generates no traffic, parking, sewage or water use in excess of what is normal in a residential neighborhood. Will not produce any fumes, odors, noise or any other offensive effects that are not

normal to residential activity. Will not involve accessory buildings. Stock and trade shall not exceed 10% of the floor area of the accessory use. will not require the construction of a duplicate kitchen or in addition to the existing kitchen. Will not require or cause the consumption on the premises of any food product produced thereon and will not provide medical treatment, therapeutic massage or similar activities. Any public comment commission? If there are no comments, this is a call for the vote. Call for the vote. It passes 9 to zero.

Thank you. Staff will prepare a resolution that goes to council on the 28th. You're recommended to attend but not required. Thank you.

We're now going to move into the preliminary plat and final plat uh section of our meeting. We're going to start with PP26-04 Spring Creek Farms phase 3 revised presented by Sarah and James Girtz. Hello, I'm Sarah Girtz. Uh what we are proposing is um so this subdivision phase um it's all residential lots right now and the our client decided to make turn he he decided that he wanted to turn one of the lots into a clubhouse poolhouse lot and so it's lot 129 and that's a request to uh utilize that for a pool

staff comments. Um in addition to standard comments, planning has a few on page three. Um please subdue the future phase information. So that is including um lot lines and lot numbers uh in a similar method to the way you already did in phase one and two. Um prior to construction of the pool and accompanying pool house, uh we will review to ensure adequate buffer is provided and that the lot meets all zoning requirements. um indicate the end of the proposed rideway dedication on each street stub. Um we're able to determine based off the current plat or unable to determine based on the current plat and this will be helpful for future final plat purposes. Um indicate buildable area for the pool lot 129. Uh provide handicap ramps for that ADA spot. uh ensure all utility easements are visible including a utility easement from 2017 and then include the total number of lots separated by a buildable unbuildable area. And then on the legend you included difference between the sidewalks that are going to be built with the subdivision versus with the builder. Um but those were not differentiated. You just had the two hatches on there. engineering anything any issue with any of those comments?

If I may add that um I with staff review there was some concern just about a pool and a clubhouse on one single family lot. Um I do think I think it's great and positive that the developer wants to come back and improve it. Uh there's already an improved preliminary plot for this. Um they wanted to come back and ask to make it better and improve it. Um the idea of a common amenity use of something else uh would be definitely supported, but I I I did want to say that there's been some staff feedback that that that is a lot for the side for the buildable size of that lot. Agreed. And we've had conversations with the owner about that because we also were wondering how's this going to happen. So, um, he has been working with a pool company to put a pool on. And so, Clubhouse, it really what it is is it's a bathroom and, you know, they're working out if the shower is just going to be an outside wash the chlorine off or if it's going to be like with the bathroom, but it's not going to be an internal gathering space. Just the bare bones.

So, is it more of a pool house? Yeah, more clubhouse pool house. Yeah. Is there any oversight to that or is this this it can do whatever they want to with this lot? I don't not that they would do anything bad. I'm just asking question.

Well, right right now it's approved as um um a buildable lot, but this they would have to work with the building department with um um there and parking as well. Right there there are a few concerns that have come up that if there is an amenity, do we have sufficient parking for that area? Well, in order to use it, you have to be someone who lives there in the subdivision in order to get through the gates. And they are providing um four spaces now as with the proposed plan.

And Sarah, should we expect this to be complete prior to the final plat of the subdivision or do you know when they're planning to construct it? No, it would be the the plan is to go ahead and get final and work on this lot afterwards. Work through planning.

Any other comments? This is a motion subject to staff comments. So motion second. This passes 8 to1. Thank you.

Up next is FP26-02 Brentwood Village Phase 2 presented by Strand. Good evening. Ben Payne with Strand. So this is a single family uh phase two right there. Uh phase one is already constructed. Um it's a part of a larger PUD and within this phase there is kind of a POA trail system um going underneath the existing overhead power lines. Um two detention basins, 124 lots and yeah here for any questions,

staff comments. In addition to standard comments, planning just has a few. Um, for notes 13 and 16 on that plat, corner lots are permitted access on Camela by right, that street E that you would originally had on there. Um, you can restrict access if you would like, but just wanted to make sure it was clear that it is not um required to be a restricted access per. Uh staff encourages planning for consistent perimeter fencing across the subdivision. So there's no reference in the approved pud development plan that y'all did earlier. Uh this year will there be any attention to fencing for the development or what would the approach for that look like?

So along the POA lots kind of the larger green space area um there is existing kind of a vegetated barrier there. Um and then also on kind of the north side of the southern section, um there is a proposed fence that we're propo proposing in that spot. Um the rest of it would be kind of on the home build side. I only have standard engineering comments. Submit all items listed um in the final PL checklist and finish the punch list and pass reinspection. We'll do anything from the public commission. If there are no more comments, this is a motion subject to staff comments.

Motion subject to staff comments. Second.

S is nine to zero. Um, if you want that to go to city council next Tuesday, um, is that the 14th, then we need the ordinance in our office by, uh, close of business tomorrow and if a revision on the plat is needed, that as well. Okay, got it. Thank you. I think Camila Avenue is going to Camila Street. Perfect. Thank you.

Thank you. All right. Now, we're moving into large scale developments. Up next is L26-03 Mountain View Apartments presented by Olsen Engineers. Evening all, Caleb Leau with Olsson. Uh, if everyone's all right with that, I'd like to give a quick summary of this project. Just might help answer a few questions off the bat. Um, so for any who may not already be aware, uh, this is a large scale development that provides 200 units of mixed apartments in downtown Springdale via two buildings. Uh, a stacked flat scenario bordering Mountain View to the south and a northern courtyard building more centrally located in the roughly 4acre site. Um proposed to support these new units are roughly 219 parking stalls along with amenities such as a pool, dog park, connection to north uh north to Luther George Park and various internal amenities such as gym and workspace. Uh new utilities are also proposed to support the site with underground detention being provided via permeable pavers and an above ground pond. Public water extension is proposed to pull through the site um as are additional sanitary and franchise utilities. The project has provided both traffic and sanitary capacity studies to clarify proposed impact. Uh both of which yielded positive results with no negative impacts uh immediately noted. Uh in specific the public improvements provided here are street adjustments to Mountain View A uh to match the city master street plan uh mill and overlay of the north south run of trailside terrace waterman extension from East Maple uh to Mountain View to better increase pressures in the area. And perhaps best of all, this project provides affordable housing to the area uh enough so not only meet requirements for the housing density bonus uh previously talked about in this meeting uh but also HUD funding and further stringent market and rate studies required with that. So that's kind of the basic I know it's a mouthful but any questions off the bat?

Staff comments engineering comments. Please provide details for installation of pavers including cross-sections, material specifications, dimensions, elevations, etc. Um, we have just some general um, depths, minimum depths shown. We just need to know what the actual design values are going to be. Um, due to the small size of the pond, I'm okay if you don't want to do a trickle channel there.

And then on that east side, it looks like the pond and the pavers discharge off the property line. There is an existing drainage easement, but unless a temporary construction easement is obtained from those neighbors, it does need to be pulled back on the subject property. Um, wanted to ask if there was additional storm sewer needed on Mountain View. I think there's some existing box. Might need to add another one. And then if possible, I'd like to work on smoothing out the sidewalk transitions as much as possible to avoid an abrupt transition on the east and west sides. Yep. Got anything from the public? Planning. Sorry.

Sorry about that. I still have a few comments. In addition to some standard comments, we'll need to go ahead and look at the platting of this property and get that situated. Um, I believe that there have been discussions with Sharon on a declaratory judgment action being filed with the county. Yeah, I believe that's underway now, my understanding.

Please show the property boundaries with all corners pinned uh and tied to some of those established and set monuments. I believe that you guys have responded to most of these comments, but I'll just go ahead and repeat them since I haven't gone through the plans um most recently, but the irrigation meters are noted. I'll just need a full plan uh for those landscaped areas. Ground level equipment needs to be screened uh according to the standards established in the formbbased code as well as roof mounted equipment. And then go ahead and double check that 10ft utility easement along the southeast. Oh, you're correct. That was a typo. Yeah, we drew that just a little over, but we can pull it over. No problem.

Perfect. And of course, approval of this project is contingent on the adoption of the proposed chapter 32 update, and that includes the workforce attainable housing density bonus. Any other comments, commission? I don't see a a rendering or elevation of the the cottage portion. I just see the flats. Is that park the same as? Sorry. It's stacked flats on Mountain View and then a courtyard building. So, both are fourstory. Um, building A is the flats with the the kind of fly over drive-thru there. Building B should be the courtyard building. So, that's it right there. So, they're essentially identical and architectural. Similar. Yes.

Okay. Just missed it.

I would just like some clarification. Um, the E1.1 and 1.2 two plans uh for the site lighting. They do not agree. At least in the packet we have, they're very different. And so I would want to know which one is correct. Um it looks like there's reasonable cut off uh for the the backlight of the fixtures that are adjacent to existing residential. So we want to make sure that we're not having light and glare going into those spaces. Um I'm a little little concerned. I like, this is a personal preference. I'd like to see a little bit warmer, but 4,000K is probably okay. Gotcha.

Anybody else? If not, this is a motion subject to staff comments. Motion subject to staff comments. Second. That passes nine to zero. And again, this large-scale approval is subject to that chapter 32 update that's going to go to city council at the end of the month. Sure. Great. Thank you.

Thank you. Up next is L26-07, Our Lady of the Sorrows. This includes B26-34, which is a variance, and W26-17, which is a waiver for street improvements. This is presented by Katie Malloy of Core Architects.

Hi, I'm Katie and I have along with me uh Jonathan from uh engineering services. Um we received approval for large scale for this project about a year ago as well as a handful of variances and waivers. Um however, through further design with the client, uh one of the waivers or variances we'd received was um to keep the gravel parking lot as is currently existing on the site. Um we've decided to look at go ahead and paving that at this point as well as improving the site. Um so the the overall building design is very similar to what was shown last time keeping within um less than 50% uh addition to be within the the commercial design standards exception and um like I said mostly focusing on the paving of the lot um site improvements and then a uh covered pedestrian connector. Um so that is what we are showing currently. We are still seeking the the other variances and waivers we had received last time just not the the parking pavement one. Um, and just to I think reiterate, the reason we had um I guess this is kind of jumping to the waiver more than the variance, but um the reason we had requested the street improvements variance was because uh the bypass will be uh creating a dead end on Graham Road. So just past the church, there will not be nothing to walk to. Um so that was our reasoning for that. Staff comments.

Please submit a PDF of the sign and sealed drainage report to engineering. The developer is required to improve the abuing street to this bringing master street plan. Um street improvements on Graham are required. Please show curb, gutter, sidewalk, storm drainage, street lights, and any necessary pavement repairs. I do think this situation has changed a little bit since the last time this was approved. We've got um a new subdivision that's about to start home construction. We've got a big new commercial center as well. Um, I think the street improvements are are needed in this area. Maybe not as much as they were the or maybe a lot more than they were previously when we looked at this planning.

In addition to those standard comments that we have, um, go ahead and show us the irrigation system. I don't think it was included in the plan set for some of those landscaped areas, but we'll just look at that after this. and wayfinding signage throughout the parking area is going to be helpful especially for the one-way drives on the east. Of course, the waiver has been submitted for the street improvements on Graham and then the variance for the pedestrian flow uh connecting from the right of way to the primary customer entrance and then foundation landscaping primarily because that the landscaping if it had been proposed would be covered and may not grow as well. Any other staff comments?

Public comment. Um, if I may say one more thing about the the street improvements. Um, the church does have intention to build a further worship space like a proper church building in the future. Um, so I guess a question would be if street improvements could be postponed until that time or if it's necessary at this phase. What's your timeline on that? Um, I'm I'm not sure. Yeah, about 10 years on that church building. I think we'll need sidewalks way sooner than that. Any comment from the commission?

So, are there plans to improve um Graham and Robins in the near future? Then, not by the city, but the grade commercial center is doing improvements on all of Robins Road and then turning up onto Graham. They're under construction of their first phase right now and about to submit their second phase that will continue those street improvements on Graham. Um that's all that has been proposed at this time, but we've seen a lot of movement in the area lately. And I think there's one more commercial development that we know is coming. Hasn't been submitted yet for the south portion of Robins Road. Can you put the aerial map back up, please? So yeah.

Yeah. So that C2 piece to the south, that whole thing is being developed currently. And then that SF1 piece, that's the Lexus estate subdivision is in final plat review currently. Katie, where is 612? Is it to the right? Correct. It's going to create a culde-sac at the end of Graham on the other side of Chief Chief Trum Brewer.

Um just off the screen. Um, so there will be access not back out to 71, but just down to Wagon Wheel. If there are no other comments, we'll start with the variances and that would be a call for the vote.

Call for the vote. That passes 7 to2. We'll next take up the waiver of street improvements. This would be a motion to forward to city council with recommended with recommendation of denial or approval of the waiver.

Would y'all be willing to talk about payment in lie of improvements at all? Um I think um that's a possibility if maybe the waiver could be tabled. I don't know if that's an option. It would be discussed at city council. So if that's something that you guys wanted to do, city council can approve that. They can recommend it. Or if you want to do that full waiver, you could still continue to council and ask for that as well. Okay. But it would still need to be voted on tonight either with approval or demo. Okay. Do you guys have a preference?

I think we would um the preference would be to ask for I think fee and loo if that is an option. I would just recommend if you're um might be if if you want to consider the fee and loo which we absolutely encourage and recommend it might be good to get with engineering and find out um what the scope of that would look like. um cuz that is something that they could um they could opt into the payment in lie of and you could do that directly and not have to go to city council. That that can be done just with approval of the planning commission. But if you're agreeing to that, then we're going to be looking for the full street improvements of what's gramma collector. Um I think it's been downgraded to a local

to a local whatever that classification is, we'd be looking for for all and and if you guys want to it probably be smart to know what that would cost. And so if we want to um after this meeting, you know, work up a cost estimate, see if that's something that the church wants to consider and then either, you know, agree to that or go to council for the full waiver. Okay. So to be clear, we would need to say yes to the PU today. You don't have to. I mean, they're going to re make a recommendation. If you would like to suggest what you want, um, they will take that into consideration.

If you want to go to city council on the 28th, then you need a recommendation from planning commission tonight and then city council still has the authority to consider all options. Okay.

Like what to do? I think the fee in L would be, like I said, u fine if that's the case. I just I'm not sure what the process is to make sure that we get to the city council meeting, we can discuss that or discuss it with engineering after this meeting. Katie, is there any way to get a a rough budget between now and then? That's two weeks before council. Yeah, that would be my recommendation is ESI works up a cost estimate for that. We review it. Church looks at that, sees if that's something that they can handle. Um, and then we decide either to go ahead and make that payment prior to construction or move forward to city council to ask for the full waiver. Okay. Yeah, that sounds

I make a motion subject to staff comments or motion to city council for payment in L for street improvements. Second. Took a second to get there.

Passes nine to zero. Thank you. All right. Stop. Do I have to approve the large scale? We got to do the large scale, too. Large scale. Um up next or we'll vote on the large scale. That's a motion subject to staff comments. So motion second.

Let's also pass a sign of zero. All right. And for them for the waiver, staff will prepare the resolution that goes on the 28th and then get with staff the meantime. Thank you, Jonathan. Yeah, we'll just keep in touch and um they'll figure out which way you want to go. All right. Right up next is uh public hearing formbbased code. We're going to start with FB26-06 Andrew Rubaki and Amy Coaster presented by Andrew and Amy. Hi, I'm Andrewi at 521 Codle. I uh have a C2residential property that we want to change it to NC2 to really conform to the what the city's looking to do.

Cool. staff comments. All right. Um, in this area, as you can see, it's just on that boundary line of our formbbased code. So, everything on the north side of Codle um in Andy's neighborhood is the formbbased code and everything south is not. So, since he's in the seed, um, he has that option. Um, the comments for this, the reasonzoning request is in keeping with the following goal, the formbbased code, and is recommended for approval. foster a setting for economic growth and development, a sustainable mixeduse pattern, integrating residential with employment and commercial uses, as well as civic and recreational opportunities. Um, and then just as a recap, NC2 is a mixeduse district where some residential and some commercial options are available.

Public comment. Commission. If there is none, this is a call for the vote. Call for a vote. passes nine to zero. All right. Staff is going to prepare an ordinance that's going to go to city council on the 28th. Um and then I want to mention this request and the next are both seed district. So I think this is uh a great example of our formbbased code um at work. So yay. Thank you. Up next is FB26-07 Campus Edge LLC presented by Cornerstone Surveying.

Cornerstone can't be here this evening. My name is Ken Hall. I'm one of the owners of Campus Edge LLC. Um this property is um at the corner of Codle and Dodson. It's currently MF12. We're asking that it be uh reszoned under the seed district zoning to NR2. Staff comment. The reasoning request uh is in keeping with the following goal, the formbbased code, and is recommended for approval. Preserve and enhance the integrity and quality of this primary denser and smaller smaller lot single unit residential district. Um and that is in reference to the NR2 that is the requested one. Any comment from the public on this reszone?

Yes, sir. Marcus Goodwin 321 codle um not sure I understand how many units are going to go in here. So I don't know if you earlier this isn't about the number of units but I'm happy afterwards to visit with you about what our plans are. Okay. And then we'll have to we're going through a replat application so there'll be another opportunity I assume Sharon for so I'm happy to visit with you about what the plans are.

Okay. I just I just know that the on the north end of Crutcher they just finished uh two unit or two houses with four living spaces and they provided four parking spaces and the rest park on the street. So I'm hoping that's not what happens here. And uh so this will be I guess it will be uh presented again when they get ready to build.

Well, it it potentially might not. So if it's under an acre, so they will have to present a development plan to the city that will have to be vetted and approved by all departments. However, if it's under an acre, it can be done at the staff level administratively and not have to come to a public hearing unless they sought a waiver or a variance or something. Um, and I will say about the parking, that is correct. And now the ones on Crutcher you're referring to is a different district which has a lower parking requirement and that's part of the the downtown formbbased code. We're trying to encourage more um on street parking potentially get a parking structure somewhere downtown and requiring that the residential it's it's a much less parking requirement for units but the NR1 I think it's one per it's more than the NC2 NR2 um do you remember Jackie

um I think the parking is actually um higher than requirement is higher than NC2 which is where the crutcher units are. Hold on. Now I'm curious. Should know this

for the NR2 uh the residential uses. Um correct. So one off- streetet uh parking space for a one-bedroom dwelling unit, two off- streetet parking spaces if it's two uh bedroom or larger. Um and then one off- streetet parking per space if it's a cottage court. So more parking than the crutcher sites will be provided at this one if they come forth with a development plan.

I was also wondering about the water lines if this is going to be a problem with providing for more apartments for the homes that are already on that line or will it be shut off for a while or what's going to be done about that?

Since since no development plan has been submitted, I I don't know the details of that. Um, however, if the developer is willing, uh, potentially keep you updated on the project or share it as they get further along. Um, however, every development is responsible to account for what they're doing. Um, so there may be construction, um, but they are they are not supposed to have adverse effects on neighboring properties. Um, one more thing on the We've been there over 40 years, lived there, and that place has been surveyed at least four times, and they always have the same stakes where they survey it, and this time it's 2 feet over into my property. So, I don't know what we're going to do about that. We can definitely the developer in the city before development plan would be approved. We would double check that um make and we we would double check that because we do not want encroachment.

Any other public comment?

Sorry, move a little slow. I'm David Hines. I live at 316 Hard Avenue and on the property at 324 Hart Avenue which is adjacent to the lot on the back side of this lot. And I am also concerned about the surveying process that is possibly going to take two feet of marked property, but also the fact that it's if it turns out to be apartments like the one you mentioned on Crutcher Street, we're going to be having people in those apartments parking in our church parking lot across the street. I've been a member called Avenue Baptist Church for 73 years and it seems like in the past few years the city has made it almost impossible to get to our Cotal Avenue. I'm just concerned about the ability to house the people that will be moving in multi-story apartments. After this,

I I will say that at least apartments, high density apartments are not allowed in the NR2. It's smaller residential.

Any other comments from the public on this? Hello. Uh thanks for uh uh allowing me to speak at this hearing. My name is John Harmon. Uh my wife and I live at uh 305 Codle, which is just uh three lots down. Uh we're concerned that new construction will enhance the creepiness of our house. Uh we're trying to go for kind of an Adams family vibe right now. But um seriously, what I'm concerned about mostly is when we roll over from uh MF12 to NCR2

NR2. My only concern is that the possibility will uh decrease the setback from Codle Street. And I'm worried that if new construction pushes out in there, it's going to kind of be a slippery slope, which will change the overall uh vibe of the entire southern portion of of Codle Street. But, you know, other than that, uh that was my only concern. That's a a very valid point and we actually have a note within our formbbased code that tries to account for that. Um because we agree, I think u we we want it to be compatible. So, I believe our note says that the front facade has to match um the existing blocks, right? So, so we don't want that odd one. We want some sort of compatibility. So, we do take that into account.

Oh, well, thank you very much. Yeah, that kind of uh assuages some of my fears. And I know I know Ken, we'll talk later. Okay. Thank you. Thank you. Any comment from the commission? There are no other comments. This is a call for the vote. Call for the vote. That passes nine to zero. All right. And staff will prepare. Thank you. Staff will prepare ordinance that goes to council on the 28th. Thank you. Up next is board of adjustments. We're going to start with B26-11 Nelva House presented by Joey House.

Good evening. Good evening. I'm Joey House. I live at 5131 Moose Hollow Terrace. We're wanting to uh add on to our porch on the back of the house on the south side and also build a 200 ft storage building just you know for lawn mower and little uh lawnmower trailer and mulch or whatever you know needs to be stored in it. U that's it. Is this house already built? The house is already built. Okay. staff comments.

Just want to uh confirm I believe we had the utility easement vacated or partial vacation completed. Um so thank you for going through that. So it's now um able to be heard for variance. Any public comment commission? If there are no comments, this would be a call for the vote. Call for the vote. passes 9 to zero. I do have a question. Is that effective immediately or does it when does it go into effect? Right now, planning commission is it? So, tomorrow you can visit the building uh department and start your permitting process.

That's what I was wondering is how soon I can start doing that. We open at 8 a.m. tomorrow. Thank you. Thank you. Up next is B26-21 Jose Castillo presented by Sylvia Castillo.

Good evening. My name is Sylvia Castillo. Okay. And we're just here to uh see if we get permission to reduce the measurements for the carport we just built. Um Yeah. Okay. Any staff comment on this? Um

I do just want to add one point of clarification that there was a opposition letter that we had received. Um I think it had been emailed to commissioners um this morning. Um and just double checking. I just wanted to note a couple things. Thank you Jenny for being detailed. Is that um the opposition letter mentioned um a couple locations that didn't receive letters and we double checked and they were not an adjacent property owner that requires the certified letter. So they did in um they they did meet that requirement. Any comments from the public commission?

If there are none, this would be a call for the vote. Call for the vote. That passes nine to zero. Thank you. Yep. Uh, up next is B26-23 Jake's Fireworks, which also includes W26-13.

Hello. How you doing? Doing good. Uh, Ryan Gil with Martin Martin representing Jake Fireworks. Um,

you're here asking for a handful of variances and a waiver of street improvements. Tell us about that. So the uh the project was submitted a little over a year ago for non-sc non large scale development and was approved and the project started construction. Uh the construction was not completed by the 4th of July as they actually just erected a regular old fireworks tent. Um after operating just for the Fourth of July uh uh time of year for selling fireworks, uh they determined they were hoping to do the minimal parking as we had previously got approved. Um instead they realized that that wasn't going to work. So we came back uh this year to add the additional parking um from three spots to I don't remember. I'm sorry. uh off top of head uh roughly 20 spots um in doing that. So that from talking with staff triggered us to go for the variances for um the landscaping, pedestrian, and uh lighting and all those things that we had previously got approved and weren't an issue with our previous uh submitt. So um I don't know if that covers everything or not, but I'm here to answer any questions if y'all have them.

Thank you. Any staff comments? Yeah, I just want to note that this is a pretty unique development plan. Um, as anytime I hear the word fireworks, I dart to the fire marshall and look for for to make sure that he's all right with it. But this is interesting because this tent will be permitted uh to be up for 180 days a year. So, they will not even be allowed to be there and occupying the space all year around. Um, so the requirement for permanent irrigations and some of these other features, um, we felt did explain some of the hardships of the site. Um, and the amount of traffic, I don't remember what the original non-large how many parking spaces, but just a handful. Three. Just three.

So, we went from three to 26. Um, and in in terms of like impervious surface, that's a pretty significant increase. And so, that raises alarm bells for Katie's team. So, they want a drainage study and some further stuff. So, that's why since the scope of it kind of changed, um, we had to come here um, and for some of the variances is in the waiver request. that waiver request. I think we do have an existing sidewalk out front, right? It's just would not meet the collector standard of 8 feet. Is it five? Now, what what's the current width of the sidewalk? Sidewalk. Any public comment commission?

So, I've seen this slab with these little power poles around the perimeter and been wondering what the heck is this thing. So, I should have had submitted, but it was in the packet. It is a tent. It is a tent. Let's all make be clear. This is not a It is a permanent slab. Uh, this is a structure if y'all It looks very similar to what's holding the glass in this room. It's a mullion type system, aluminum structure, and a membrane goes over it. Um, therefore, we've already talked with uh building safety to meet all the requirements for it to be a firework stand as a tent and met all those requirements. We have resubmitted and we've answered all the comments that are actually uh been presented from staff. Um, it looks like a building, but it's a tent. It's a clear membrane and all the little stands around are power for that. Um, we didn't I didn't specifically address lighting again since it's seasonal. They're looking to operate around 90 days total. um we're allowed up to 180 um code, but it is I they'll set up uh that this thing goes up in two days and comes down in two days and then they store it. So they are only looking to operate from May to July essentially. So uh selling flowers and then selling fireworks, it comes down and it goes back to like it is right now. Um we have met everything and show the detention and presented that. So, yes.

So, the entire structure comes back down and so it'll just be a slab again. Otherwise, what you see out there today is what you will see 70% of the Sure. Interesting. How tall How tall is the tent? I apologize we didn't include a picture. It's it's it's pretty neat. Um, you you you'll catch me lying, Sharon. I don't recall. If I had to guess, I'd say between 20 and 30 feet. So, it's it's a tall structure. Um, yeah. Any other comments? This is probably a question for Garrett, but Garrett, I closed this transaction. Do I need to abstain from voting on this? Yes, if you better not be my swing vote. Uh, if

there are no other comments, we'll start with the variances. There are five of them. Does anyone have any issue with taking them all at once? Okay, then that would be a call for the vote on the variances. Call for the vote. passes 8 to one. Up next would be the waiver for street improvements on South 48. That would be a motion to forward to council with recommend recommendation of denial or approval. Question. Do we require the the car wash to approve 48? I don't think we did. Do you remember? We did not. They got a waiver also. And for us,

was it just sidewalk? Do what? Yes, it was. It was the same waiver. I don't know that we had that. No, we must have had the 8 foot requirement, but yes, they had a they had a waiver to leave the sidewalk as is. Yeah, I kind of regret that now that we have the bridge that goes Yeah. Anyway, every time I get on my bike and go down that street, I like what's you know, continue. Motion to forward to city council for approval. Second.

That also passes 8 to1. All right. The variances are approved and the waiver staff is going uh to draft a resolution that is going to go to city council on the 28th at 6 p.m. You're recommended to attend in case you have questions. Yes, ma'am. Thank you. Thank you very much. Thank you. Up next is B26-29, the Arles and Cornelia Williamson Trust, presented by Bates and Associates.

Hi, Andy Hooper, Bateson Associates. Um, yeah, we're just seeking a we're doing a property line adjustment between three parcels that total a little over 34 acres. Um, there's a couple existing barns on the property that they would like to remain. Um it's zoned A1. This is already an existing condition and um and they're going to uh remain used for agricultural purpose purposes after the adjustment is uh approved and everything. Um and um and yeah, it's for storing their farm equipment and hay and uh and they would just like to keep those barns without the tearing them down to do the property line adjustment.

Any staff comment? Um, I will note that there is currently uh an informal plat under review, so a lot split and that they've been working with us for I think going on a year coming and checking and learning about some of the Springdale codes because they wanted to remain residential and agricultural. Um, thank you. Any public comment, staff comment? If there is no comments, this would be a call for the vote. Call for the vote. Get these guys out of here. Passes nine to zero. Thank you.

Thank you. Up next is B26-31 King Y fan. Uh presented by Chuck Bell and from Bell Construction Solutions. Mr. Chairman, since the meeting began, we uh staff received a um written request to table this application until the May meeting. Sounds great. This item is tabled until the May meeting. Up next is B26-32 1001 Wilkinson Lane. This also includes variance requests under B26-33. All presented by Fle Bay Revokable Living Trust.

Mr. Bayari is here in the audience. I am Kelly Hamblin with Hamlin Design Services and um I will be presenting this if that is all right. Are we in order here?

Please proceed. Okay. Um, so we are asking this is actually part of a non-largecale development plan. Um, did y'all did they get that in plan in their packets? Okay, they did. Okay. Um, so um, it's part of a non-large scale development plan. Um, there has been some updated um, building elevations that I don't think you all got in your packets. Is that correct? And um and these are the new building elevations that um we have submitted to the city um and would be asking for your blessing on tonight. Um so um a couple of things that don't quite meet design standards was um landscaping around the um trash area because it's going to be going on top of an existing uh paved area that is presently between an um existing building and the proposed building. And um also uh again the um the facade oh sorry um the facade materials um as you see there the rear elevation would be all um metal. Um the sides and the front would have the the uh Wayne's coat on the bottom and the remainder would be the the metal um siding um and landscaping and such as you see there. Um let's see. Um there is a variance for uh reduction of the rear building setback. Um the reason for this is Mr. Bayari has um the the red iron from a a building that he took down off of his property that um he

was wanting to upcycle and um reuse uh and hopefully be able to put in something uh for I think he's thinking maybe like a plumbing company, maybe electric. I mean, I know we don't decide that right now, but that's his thoughts. Um anyway um and so the size of the building was kind of set um and in order to meet all of the ingress and egress requirements and the landscaping requirements um perimeter or um frontage landscaping um we could really using getting that um building setback variance really would make this a much more desirable I think um addition to the city um oh and the variance for exceeding the amount of offsite parking um Nate can you remind me what the code says is it 20% was the max

is it 25 yes 25% and then in this case of course with the site plan review it's it's 100% so that's what they're asking for the allowance to prov provide all of it just next door. All of it. It It will be exclusive for this property. It is not joint parking. It is just that the parking is on the property that the developer owns next door. So, a satellite. Um Oh, there we go. Okay. I like that word. Um did I cover it all? Okay. Do is there on street parking on Wilkins? Just remind me. Oh, it was not okay.

And I looked at it. It's just not possible um with just this small piece of property, especially with those radi. But we do get it next door. Any staff comments on this? Anything from the public commission? I'm just curious with the parking being satellite, does even though the same owner, does there need to be a shared parking agreement with himself or I don't know if that needed to be on the record or not? Yes, we have that in the works. Thank you.

Anybody else? Um, so there are two separate I guess five separate requests for variances, but three together and two together. Do we want to do three together in one vote? I do have one follow-up question on the trash collection. Are you on the trash collection? Yes. Are you are you not buffering that at all? Explain that to me. Your parents request. So, there will be screening around it that meets the screening requirements per code with the exception of the landscaping because it's on existing asphalt. So, yeah, I couldn't when you first presented, I didn't know if you meant there was no screening and I just wanted to make sure.

And if I said that wrong, I apologize. I just I just wasn't sure. So, I want to confirm that. Thank you, council or commissioner. We get to take the first three variances together. Okay. There'll be a call for the vote on B2632. If there are no more comments, call for the vote.

That one passes 9 to zero. Um on B 2633, we've got two variances. You guys good with voting them together? Okay, that would also be a call for the vote. Call for vote.

That passes 8 to one. Okay, thank you. Now, we're going to move into waiverss. Up next is W26-15 Building Exteriors presented by William Hood. William Hood Building Exteriors. All right, we'll move them to the end for now. Up next is W26-16 uh Martin Flores Rodriguez and David Flores Gonzalez presented by Mr. Mr. Rodriguez and Mr. Gonzalez.

Good afternoon. Um, so I'm here for 805 Could you tell us your name, please? Martin Flores. Yes, sir. Thank you. I'm here for 805 Southwestern Street. Um, we're requesting a waiver from expanding the current sidewalk from 5T to 8T. Anything from staff, public commission?

I may just remind folks that uh you guys approved a reasonzoning um for for them um just a few months ago, I think. And then in the meantime, they've been working on a non-large scale development in with the city with some parking and some renovations to it. So, just update. If there are no other comments, this would be a motion to forward to council with a recommendation of denial or approval.

Motion to forward to city council for approval. Second passes nine to zero. Thank you. Staff is going to prepare a resolution that's going to go to city council um on the 28th, the last Tuesday here at 6 PM and I recommend you come. Not required, but just in case they have questions, we can answer. Okay. All right. Thank you. Thank you. Up next is W26-18 Justina Mahia presented by Justina Mahia.

Good evening. My name is Christina Mah and my name is Julisa Costa. I'll be talking behalf of Justina. So, we're requesting um not to build a sidewalk on 1414 Christian Avenue since there's no sidewalk at that point from the whole street down. Okay. Anything from staff?

And I think this request it takes into account both of those streets because on West End, I think there is a 5-ft sidewalk that would need to go to 8 foot for collector and then on Christian it would be just the five foot. Um, I will point out that there is a school adjacent and so I do think at least adding that five foot sidewalk on Christian would be a really um really good improvement for the area. Anything from the public.

Please state your name and address. My name is Zach Taylor and I'm Olivia King. We both live at 508 Northwest End Street. So, we are just Would you guys mind letting them step up to the podium for a second? Thank you.

So, we are just right next to their uh development. Um actually, the first time I ever spoke to you guys or this body um was in favor of their development. Um I think it's great. It looks really good. Um but we do oppose the waiver. Um with us being just feet away from the elementary school, we see kids walking to school every day. Um, also West End is extremely close to the downtown and just a lot of things going on. I can list off all of the parks that are one mile away, all of the schools that are one mile away. Um, we bike to downtown all the time. Um, I think that the 8oot sidewalk would be a great improvement. Um, even this upcoming Saturday, the Hawkeye Marathon is going to have a thousand people going up West End Street. Um, I think the 8 foot sidewalk would be a really great development for the area. Um, I don't want it to be a situation like Mark mentioned earlier where you look back and you say, "Oh, darn. I wish that we wouldn't have granted that waiver." Um, West End doesn't currently have a lot of new developments. It's a lot of old buildings. Um, I can imagine that in the next 10, 15, 20, 30 years as long as this duplex is likely to be there, um, West End is going to change drastically and I wouldn't want this waiver to continue to snowball for each new development on the street. And

there also down the street there are multifamily developments and they do have a new sidewalk in front of them. It does stop, but that's part of development. Um yeah, and I it is directly across from a school and I mean we literally see hundreds of students crossing that street right there and that is the only spot without a sidewalk. Um I think it's really important to have a big sidewalk there. Thank you guys. Thank you. And I will note for the record that Mrs. King had no involvement with the the intake processing or preparations of the documents um pertaining to this W26-18 waiver request. Any other public comment commission?

Um I don't remember your name. I'm sorry. Would would you all be opposed to a payment in loop cuz I didn't see a lot of sidewalks when I looked at the map. Um so it would kind of be odd to just stick it there rather than paying and then when that's developed or whatever they we get it done then. Right. That would be the option we'd review at the end of the year. see if there were, you know, enough payments in the area that maybe we could we could do those improvements. Now, West End has sidewalks up and down it, right? Yes. I think they're currently 5 foot. Um, per master street plan, it would need to go to 8 foot.

And do you guys understand the what he means by fee and Lou?

No. Pardon me. What do you say? I can explain to her in Spanish. So, she's saying that her request is actually not to to build it or spend the money on it. and guych. see much if you correctly a lot of folks in that area are doing in payment in lie of correct

right it's it's becoming more common and and so our policy would be to um at the end of the calendar year we would look at the payments we would receive and see where they are and how much we have to see if we could move forward with installing some of those sidewalks um maybe not at the end this year. But, you know, after a year or two of development in the area, so Okay. We basically kind of just explained to him what we just all you all u discussed and then basically got the option to to build the the sidewalk 5t wide or payment in correct to take it from 5 to 8 right or

so we'll be building um west end 5 to 8 and then on Christian Avenue how much. That's just 5 ft on question. Okay.

And you guys do have the option to go to council and you know request a full waiver. So I explained to them that she can take it to to council if she wants this body to vote on it. So, if there's no other comments, this is going to be a motion forward to council with recommendation or uh of denial or approval. Did they have a preference? City Council. No. Okay. So she's saying that she pre she would like to for this to be voted and taken to city council

on the waiver non payment in loo just as is as is. I make a motion for city council that we deny this waiver request. Second.

That motion passes and this will be forwarded to city council with recommendation of denial of request. Um the city council uh sorry staff is going to prepare a resolution that goes to city council on the last Tuesday uh the 28th at 6 pm here in this room and you're recommended to attend. Thank you. Thank you. I'm going to call back W26-15 Building Exteriors presented by William Hood one last time. All right, we're going to move into our other section. Uh L25-07, new Emma Apartments approval extension presented by engineering services.

Uh Jonathan Schmidt's engineering services. Uh we're simply asking for one-year extension of this LSD. It was approved. Uh we're about ready to submit for a grading permit. We just need a little more time. Anything from staff, public commission? There are no comments. This is a call for the vote. Call for the vote. That passes 9 to zero. Thank you.

Up next is our planning director's report. All right. So, for April, we had a few updates. Um, our next work session is going to be on Tuesday the 21st. Um, 5:00 p.m. here. Um, couple updates on certificate certificate of occupancies. Um, Sarah and the inspection team has been working hard. um L24-19 via Emma and that's the Park Street building um with 20 residential units um street improvements and parking got co so that is exciting please go downtown and check it out um the next session section we wanted to include some of the non-large scale developments that we look at mainly because a lot of them don't um come to a public hearing for a vote and so you don't you this body doesn't get to see some of the the neat fun exciting developments that we have so I want to start including some of the non-larges that get approved and these were uh Larry Stuckco um Fellowship Bible Church which I think you both heard waivers for both of those um Brothers Rental which is a a non-large scale um downtown on Park Street um and I49 Industrial Park phase 5 um and that's because they were platted subdivisions and that they can come in as a non-large scale and then I did a uh we have a council update for the ones that went to March the Plat for the housing authority passed the final plat for nature walk phases two and three passed. Um, we had a couple reszones. There was a residential reszone on the north side of Harp Elementary, uh, that went from A1 to both a mixeduse C1 and MF12, and that passed. Um, a reszone for Benadetto phase 3, which is A1 to SF2. That passed, that was up for that 14 lot um, subdivision over off Gibbs. Um the next one, the Springdale uh public schools had the reszone of their bus equipment barn on East Emma, mainly just

to come into zoning compliance. Some were still commercial. That passed. Um there was uh the resoning for the church uh that requested the downgrade to 01 while they were here. That little bitty corner of the Robinson Church of Christ um across from the Walmart, that's the landmark. That's how I've seen it on the map. Um uh there was a reszone on Powell from MF12 to C2 that passed and then uh the waiver of street improvements on Oakrove for trade pro um did pass um with option one for uh the northern track and then the bill of assurance for that track three. Um and that's it for now. Thank you everybody. There's nothing else. We're joured.