Rogers council to consider apartments near Pinnacle mall

Some neighbors oppose rezoning, citing density

ROGERS -- The City Council on Tuesday will hear a proposal to rezone property for an apartment complex that has been opposed by multiple residents living nearby.

The request is to rezone nine acres southwest of the intersection of South Hampton Place and South Bellview Road from agricultural to planned unit development-residential multifamily. It failed to receive a recommendation from the Planning Commission on May 19.

Meeting

Rogers City Council

When: 6:30 p.m. Tuesday

Where: 301 W. Chestnut St

Bart Hester is representing Orchards Properties, the developer, as the company's real estate agent. The complex will have 144 townhouses with 1,200 to 1,400 square feet each, Hester said. They will rent for an estimated $1,000 per month, Hester said.

The land is "one parcel away" from Pinnacle Promenade said Hester, who is also a state senator.

"It is a growing area and I think this will be a great area for young professionals. They will be able to walk to dinner or the mall. It is a good project for the city."

Some residents who live in the area don't agree. Greg Paschal's yard backs up to the land where the project is proposed.

The apartment complex does not match the surrounding area, which is mostly agricultural, Paschal said. A residential neighborhood could be an option for the land, but not an apartment complex, he said.

The property is shown as low-density residential on the city's future land use map, city officials have said. Apartment complexes are not allowed by right under that zoning.

Residents in the area bought their property believing use of the land would be low-density residential, Paschal said.

"Those people have bought and built and made improvements to their land that they might not have done if they had known they were going to be up against multifamily high density," Paschal said. "I have planted trees and an orchard on my land."

Hester said he has worked with neighbors to ease concerns. A community meeting was held for nearby landowners last week, he said. The complex originally was going to have a back entrance for emergency vehicles off West Capps Road.

Multiple neighbors voiced concerns about the entrance during an April meeting. The entrance has since been taken off the plans and moved to Hampton Place, Hester said.

"That addressed about 75 percent of the residents' concerns," Hester said.

There also will be a buffer between the complex and neighboring proprieties, Hester said. This includes about 200 new trees. Other trees on the property will be salvaged, if possible, he said.

The Planning Commission did not recommend the rezoning to the City Council, said Chris Griffin, Rogers staff attorney. It needed a majority vote of the nine-person commission to pass, he said.

The proposal received a 4-1 vote with commissioner Myra Moran voting no. Commissioners Brian Jackson, Don Spann, Tony Noblin and Mark Myers voted yes. Dennis Ferguson, Jim White, Chad Campbell and Mike Shupe were absent.

Griffin said there was confusion after the vote on whether the motion carried. He declared that it did pass at the time but later sent an email to reporters and Hester stating that it did not pass.

The vote to recommend needed a majority of the full nine-person board, Griffin said. He previously thought it only needed a majority of commissioners present.

Paschal said Griffin told him the proposal needed five votes to pass prior to the meeting. He was confused when Griffin determined it passed with four votes. He said he called Griffin the next day to resolve the matter.

"This isn't the first piece of property that has been rezoned in the city," Paschal said. "This isn't new ground. That is why I don't understand what is going on here. I am distrustful of that."

Griffin responded it was a unique situation to have a vote with only five commissioners present. That is partly why he was mistaken about the result, he said.

Hester said he is confident even without the Planning Commission recommendation, the council will see the benefit of the project.

"I really think it is a good fit for Rogers," Hester said. "It fits a need for Rogers and it fits the area and its surroundings."

NW News on 05/26/2015

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