Apartment project appeal denied

Commission votes 6-1 in favor of the Junction at Shiloh development

FAYETTEVILLE — Developers of a planned apartment complex west of Interstate 49 and Mount Comfort Road met the city’s requirements to get a grading permit, planning commissioners voted Monday.

The commission voted 6-1 to deny a resident appeal associated with the Junction at Shiloh, a 177-unit apartment complex planned where Shiloh Drive deadends west of the interstate. The land, about 11.7 acres, is zoned for community services and residential multifamily up to 24 units an acre.

The site is undeveloped with heavy vegetation and was rezoned in February 2022. A branch of Hamestring Creek runs through the property, and a portion lies within the floodplain.

Neighbors appealed a Planning Commission decision on the project once before. The commission approved the project’s development plan in April, and neighbors appealed the decision. The City Council subsequently upheld the commission’s decision.

Monday’s appeal was from residents Lisa Valentine and Martha Clark. They asserted the project lies within an environmentally sensitive area and had not met state and federal requirements related to the environment, drainage and endangered species.

Allissa Sims, an attorney representing the project, said it had already been reviewed and approved by qualified people. The state and federal requirements referenced in the appeal either did not apply to the project or were met, she said.

Josh Boccaccio, engineering development review manager with the city, went into great detail about the various state and federal requirements that may apply to the project. The engineering division’s role is to ensure projects meet all applicable standards and code, and the Junction at Shiloh met the minimum requirements to get a grading permit, he said.

Grading permits enable excavation or land alteration of any kind for development.

A stop work order was issued by the state until an endangered species assessment was finished, Boccaccio said, and was still in place as of Monday pending the outcome of the Planning Commission’s meeting.

Valentine, a member of the Hamestring Creek stream team, a volunteer program with the Arkansas Game and Fish Commission, voiced concern over endangered bats at the site, as well as turtles. She said she asked state officials to inspect the site, and some violations were issued, she said.

“The bottom line is this is a really delicate situation,” Valentine said. “It’s in a very sensitive area.”

Boccaccio described the violations as very minor.

Two residents spoke during public comment,

both expressing support for the appeal. Seth Price, a doctor of environmental dynamics, said the only access to the property is by crossing Hamestring Creek. The grading work will impact the creek and increase flooding, he said.

Commissioners Fred Gulley, Porter Winston, Mary McGetrick, Sarah Sparkman, Andrew Brink and Mary Madden voted to deny the appeal and support staff’s decision to issue the permit. Jimm Garlock voted to support the appeal. Brad Payne recused from the vote and is listed as a contact on the project in planning documents.

Garlock said he supported the appeal based on Price’s comments.

Brink said the project had been reviewed in depth and gone through several meetings. It appeared to be in compliance with all of the necessary permits and regulations, he said.

“We know we desperately need some housing in Fayetteville,” Brink said. “I think this is a good project.”