ROGERS -- Plans for an apartment complex will go to the city's Large Scale Development Committee on Tuesday despite questions about setbacks.
The complex planned for property southwest of Horsebarn Lane and Horsebarn Road is the second development in recent months to stir concern about property line setbacks.
Large Scale Development Committee meeting
The Rogers Large Scale Committee will meet 4 p.m. Tuesday at 301 W. Chestnut St.
Source: Staff report
The Planning Commission approved changes to a planned unit development for the complex in November. About 30 residents attended the meeting to oppose the project.
Following the approval, planning staff questioned whether 10-foot setbacks authorized in the plan met city code, said Chris Griffin, city staff attorney. The planning staff decided the property would need to go before the Board of Adjustments for a variance to allow for the setbacks, Griffin said.
A conflict of interest for some board members kept the meeting from having a quorum, Griffin said. The board, which met on the issue earlier this month, has five members.
Another city development also couldn't receive a variance from the Board of Adjustments earlier this year. A quorum also could not be met because of conflict of interest with the board. One of the members with a conflict was Hannah Cicioni, the developer of the 618 W. Poplar St. property.
Cicioni later received a rezoning for her property from the Planning Commission with the understanding she could use zero lot lines, which allow a structure to be built close to the property line. Residents later said city code was misinterpreted and that 10-foot setbacks were needed for the Poplar Street property.
City officials have since allowed Cicioni to continue to develop the property with zero lot lines but have said the code will be interpreted as needing 10-foot setbacks for development in commercial mixed-used zones in the future.
Bill Watkins, a lawyer representing developers of the Horsebarn Lane apartments, said he started to research setbacks for apartments after the Board of Adjustments was unable to meet. He said 10-foot setbacks could be used for the property.
Watkins sent a letter to the city April 1 stating that due to the city's definition of right of way, a 10-foot setback could be used for the property.
Griffin said 30-foot setbacks are needed if development is adjacent or parallel to public or private right of ways. If a development is not next to a right of way, then a 10-foot setback can be used.
Rogers code defines right of way as any land accepted and maintained by the city, county or state for public use, Griffin said. Horsebarn Lane does not meet this definition, he said.
"This is a parcel with a road on it," Griffin said. "It has no public access dedicated, no public utilities. It is clearly not a public right of way. We did not define what private right of way is nor can we create a new definition for each request."
The city will need to define what a private right of way is in the future, Griffin said.
Linda Matula, a resident of Horsebarn Lane, said she was disappointed when the Planning Commission approved the development.
"They didn't listen, and it doesn't seem to be well thought out," Matula said.
Residents still believe the property needs 30-foot setbacks, Matula said.
"Ten feet is not enough," Matula said. "They are going to keep pushing it closer and closer. We are just really upset about this."
The development still needs to receive large-scale development approval Tuesday night.
NW News on 05/02/2016