Residents argue against R3 rezone request
A request to rezone property off Lee Town Road from agricultural to multi-family residential elicited passionate comments by area residents. It was not approved at the Planning Commission meeting Tuesday, Feb. 2.
The request was presented by realtor Tim Salmonsen. The property owners selling the property are Delores Wilkerson and Kinley Miller. Both were present. Wilkerson spoke publicly.
One of the seven commissioners was absent, one abstained, three voted in favor of the rezone and two voted against it, thereby resulting in a lack of a majority in favor.
Many area residents attended the meeting with 18 signing up to speak, most of them spoke against the proposal.
Also present was Jeff Hawkins, executive director of the Northwest Arkansas Regional Planning Commission.
There were initially two requests — one for 27 acres at 650 Greer St., the other for 50 acres at Lee Town Road and Greer Street.
Salmonsen withdrew the request from Wilkerson for the 27 acres. “We’ll address that later,” he said.
For the second portion, Salmonsen said he requested making the area to be rezoned 20 acres instead of the entire 50 acres. “That’s the intent — to rezone that to R3 tonight. That gives a buffer of at least 1,200 feet between new houses on Greer Street.”
Salmonsen, in answer to a question from Planning Commission member Al Fowler, said the intent is to put in commercial later, but that the 20 acres to be rezoned with the first request goes from Lee Town Road to the back acreage of the property.
As there were 18 people on the list to comment, city attorney Shane Perry said each person would be limited to three minutes to talk.
Most of the people commenting opposed rezoning. Several cited they believed their property values would decrease, that traffic would be increased, that crime would increase and that the wastewater treatment facility could not accommodate the additional sewage.
Wilkerson, property owner, said: “I’m in favor of the rezoning. We used to run cattle on what is now Battlefield View. My boys grew up there. I understand the importance of progress… This will generate a lot of much needed revenue for Pea Ridge.”
Several people speaking said they had moved to Pea Ridge because they appreciated the rural setting and believed that apartments (which are allowed in R3 zones) would “totally disrupt” that way of life.
“It would attract probably an unsavory group who have no respect for sovereignty, tranquility of a rural environment,” Terry Conger said. “Going from A1 to R3 in one step is overstepping reasonable bounds.”
Marty Finley said: “We all thought R1 would probably come about, but R3 was never in our dreams. To allow R3 on this seems really odd where it’s at, sandwiched between R1 and A1 and one of the largest dairies in Benton County. Farms were there before we were. This place is right across the street, in the summertime, the smell will knock you down, so if you’re going to put a high density apartment, how long will they stick around because they can’t stand the smell.”
He said 357 people had signed petitions expressing their opposition to R3 at that location.
Barbara France, Greer Street, said the request was “spot zoning” and said it was “unreasonable.”
“The traffic is already outrageous — getting out in the morning and evenings. The road structure can’t handle what we have… I’m completely in opposition of this.”
William Russell, Shelby Street, said apartments are needed in the area for the high school graduates who want to stay local but can not yet afford to build or buy a house. “We loose them to surrounding communities,” he said, adding that apartments would be a benefit to many young professionals who tend to rent before they buy. “We should want to keep people here… We have to think about attracting new citizens.”
Nicole Meyers, Choate Place Circle, said she had her family moved to Pea Ridge to escape noise and traffic and to provide a better environment for her children in school. She complained that there are not sidewalks on Lee Town Road. “I don’t know why we need an apartment complex in the middle of a farm. I moved here to get away from Bentonville.”
Mike Hale, said: “I invested in Battlefield. I don’t think apartments are going to benefit me in property values. I don’t have a problem with R1. I have a problem with R3. The streets are two lanes with no turn lanes, no stop light… my concerns are property value and traffic.”
Dr. Sheila Ensco, Lee Town Drive, said she moved to Pea Ridge because it provided the balance between rural and having enough in town to get basics. She said she was adamantly opposed to this rezone.
“Pea Ridge is the perfect area, I love it,” said Jessica Branham, who said she is opposed to apartments, saying most of the apartments in town are “pretty nasty.” She also said she was concerned about the additional work load it would cause for emergency personnel.
Michelle Lewis, Rucker Street, said “I’m opposed to it for the reasons why I moved here to get out of the city. She said “Now you want to put in an apartment complex. What about roads, sewers, these are factors you’re not factoring in… if we put the cart before the horse .. there’s not even a stop light… we’re creating a stock pile of people living on top of each other. I’m not against people selling their property, but we as a community have to take into consideration the people who lived here before we did.”
Adam Holsinger said “I’m here somewhat heavy heartedly, but am an advocate of a property owner to do what he wants with his land, but where it stops is where there’s a potential, a probability to disrupt the milieu of the surrounding community.”
Salmonsen, addressing the crowd and the commission, said: “It might be helpful if I could address some of the issues raised.
“I lived in Pea Ridge 24 years. The Millers have been here probably longer than anyone in this room, as have the Wilkersons. Things have grown around them whether they like it or not.”
He said people are expressing “fears without justification to support” and said property value does not go down just because apartment building is constructed.
“It’s more about how you keep your property; I’m a realtor and I’ve done it for years. That’s utterly ridiculous,” he said, adding that not every family can afford a quarter of an acre and 2,000-square foot house. He said many of the single family homes in the new subdivisions are not being bought by homeowners, but by investors who rent them.
“When I moved here, it was all pastures, too. Bentonville and Rogers were quaint towns 20 years ago. We have to have responsible growth. It builds a better community,” Salmonsen continued.
“We need more tax dollars to have amenities. That’s not putting the cart before the horse. We have to have tax base,” he said. “With a $20 million plus investment, it’s going to be managed and run by managers who will keep it nice, and these developers will do the same thing. It will look good and be well maintained.
“I see houses all over town with yards not being maintained, grass not mowed. There’s absolutely no evidence that people who live in apartments create more crime, drugs, etc. I find it offensive to classify everybody who lives in a multi-family development that way.”
Salmonsen said the plan is for two-story garden apartments and that as land is less expensive in Pea Ridge than in Bentonville, developers can afford to build two-story apartments. “This is at least a quarter of a mile from the nearest house.”
Discussion between city building official Tony Townsend, city attorney Shane Perry, attorney Jay Williams and regional planner Jeff Hawkins resulted in an agreement that the smaller footprint could be considered on this public notice.
“Since the notice was for the 50 acres, can we drop it to 20 without having to post another legal?” queried Townsend.
“I feel comfortable with it,” Perry said, adding that considering the number of people present “I would say notice was effective.”
Planner Greg Pickens said it would have been helpful to have more information on the project ahead of time.
“I understand Pea Ridge is a growing town,” Pickens said. “Walmart is growing closer to us… a committee is now working on a master street plan.”
Pickens made the motion to approve the plan; Al Fowler seconded the motion. Patrick Wheeless voted not, Fowler voted yes; Pickesn voted yes; Chris Johnson abstained; Michael Wilhelm voted yes.
“Three is not enough,” Perry said.
“You’ll have to appeal to the City Council,” Wilhelm told Salmonsen.