Commission approves planned unit development for 103-lot East Maryland subdivision after public questions on drainage and HOA

The Sherwood Planning Commission voted Jan. 14 to approve a planned unit development zoning plan for a proposed subdivision on East Maryland that would create 103 lots for single-family detached and attached homes on a parcel just under 28 acres.

Planning staff explained that a planned unit development (PUD) functions as both a rezoning and a development plan. The staff recommendation approved the PUD zoning plan with conditions limiting development to single-family detached and attached dwellings at no more than seven dwelling units per acre, and with additional requirements that unaddressed provisions default to R-1 zoning standards and that a homeowners association be legally established before building permits are issued.

Staff said the application meets open-space and amenity requirements and proposes to dedicate a tract for the future power-line trail. Staff also outlined two outstanding contingencies that must be corrected before council consideration: (1) naming of street segments to meet 9-1-1 addressing standards (for example, changing a street name to Piedra Place), and (2) addressing a fire marshal comment requiring that Tract D, currently shown as a cul-de-sac fire access, be converted to a street connection. Planning staff said the fire marshal’s decision on whether a segment is a street is final and that the applicant agreed to the required connection.

Applicant John Pownell of Thomas Engineering Company told the commission the developer expects to begin construction in the summer after plans are completed and permits are issued. Pownell said each lot will be sold to individual owners; some lots will be attached units and others detached.

Two residents who spoke at the public hearing raised substantive concerns. Robert Davidson of 232 Feldspar said he was notified late and asked who would pay for street repairs if a homeowners association dissolves; he also sought clarification on setbacks and ownership. Planning staff responded that the city requires an HOA mechanism for maintenance and that the city must approve any discharge of an HOA; the city cannot mandate an improvement district but noted that improvement districts collect maintenance funds through taxes.

Resident Monica Woodfield of 208 Feldspar said a drainage ditch behind her house floods regularly and expressed concern that new development could worsen flooding. Planning staff and the applicant said drainage design and engineering reviews, including drainage calculations, will be evaluated during the preliminary plat and construction-drawings stage; planning staff emphasized that engineered drainage plans will be reviewed before final plat approval.

Other site controls noted by staff and the applicant include a proposed fence along the east and north property lines and a 25-foot setback adjacent to existing apartments and homes. The PUD also requires construction to meet the Arkansas Fire Prevention Code where zero-lot-line construction reduces separation between structures.

Commissioners moved to approve the PUD zoning plan with staff conditions and the fire marshal’s requested second entrance; the motion carried on a roll call. Recorded votes in favor included Patel, Clough, Martin, Williams, Jones, Hoskin and Evans Delray.

If the commission-approved zoning plan is corrected to meet the listed contingencies, staff will place the rezoning ordinance on a city council agenda. If council approves the rezoning ordinance, the applicant will submit a preliminary plat and engineered drainage design for further review and the preliminary plat will return to the commission for approval before construction begins.