Developer gets go-ahead for lake project

A developer envisions building a complex of vacation rental properties off Buena Vista Road, across a cove from a property owner's association that objects to the plan. - Photo by Richard Rasmussen of The Sentinel-Record
A developer envisions building a complex of vacation rental properties off Buena Vista Road, across a cove from a property owner's association that objects to the plan. - Photo by Richard Rasmussen of The Sentinel-Record

A zoning change ratified last week will allow a vacation rental project to proceed south of a dense residential area in the Hot Springs Creek basin, a development residents said will add to traffic congestion and disrupt the character of their neighborhood.

The Hot Springs Board of Directors granted planned development zoning status to 8 acres off Buena Vista Road in the newly annexed Lake Hamilton adjacent tract known as Area B. Materials that developer Josef France submitted to the city board and planning commission said the 42-room lodge and 14 homes on Wayward Winds Terrace would be short-term rentals for family gatherings.

District 5 and District 2 directors Karen Garcia and Elaine Jones voted against the zoning change. The proposed project is in Garcia's district.

The 621 acres of Area B were assigned the lake area residential, or R-L, zoning designation when the tract joined the city in the summer of 2018. R-L zoning regulations would allow the proposed project on a conditional basis, the city said, but the property's severe slope, with an average grade of 36%, made a planned development designation more suitable.

The site specific-designation, according to the city's zoning code, encourages innovative design through less-restrictive regulations. The planning commission unanimously approved the designation and site plan last month, determining the property's severe topography warranted more flexibility. Site-specific regulations would allow the development of a high-quality or innovative urban design, the commission ruled.

"He wants to develop an attractive, family oriented environment with some nice amenities," Aaron Burroughs, the engineer France hired to help develop Hot Springs Lodge and Resort, told the board. "He's prepared to spend millions of dollars. The 42-unit lodge can be set up to where you can rent blocks of rooms. A family can come in and enjoy being there as a family."

Members of the Lighthouse Cove Property Owners Association said the project is inconsistent with the neighborhood's residential character. A narrow cove off the Hot Springs Creek mouth separates it from the proposed vacation rentals.

"This is basically a medium-sized hotel sitting on the lake right next to single-family homes," Ron Kelsay, the attorney hired by the POA, told the board. "The target population would be large family reunions coming down on pavilions right next to the lake making noise right across a narrow cove from these individual houses.

"What we have is a square development trying to go into a round hole."

Residents told the board they were under the impression the city's zoning code insulated their properties from projects of the type proposed by France. They said the development would add to traffic on Buena Vista and doubted France's estimation that traffic would grow by an average of 115 trips a day.

The site plan approved by the board included an entrance from Buena Vista about 300 feet south and west of the Waywards Winds Terrace intersection, before the western end of an S-curve.

One resident said he's wary of developers in general, telling the board former owner Robert Malt never brought his plan for the property into focus. The bank foreclosed on the 8 acres, which was part of an extensive real estate portfolio Malt used to secure millions of dollars in nonperforming loans. It's one of a litany of properties Malt has lost to foreclosure or tax auctions.

Residents said France did not inspire confidence when his team caused a power outage while clearing and excavating last summer without the necessary permits. The city said the stop-work order it issued is still in place.

"They jumped out with equipment and did get ahead of themselves," Burroughs, the engineer, told the board. "They didn't get a stormwater or excavation permit. They realized they messed up and stopped work altogether."

He called the Lighthouse Cove residents hypocritical, telling the board the neighborhood has a greater density and environmental footprint than France's proposal. He said the lodge and 14 homes are the equivalent of a 24-home development with three homes per acre, compared to Lighthouse Cove's six homes per acre.

"If anybody is creating over due traffic and cleared all the trees, there's not a tree left on that property ... it's just a little frustrating and hypocritical they would point fingers at our development, which will have trees and be a nice development," he said.

The city said the planned development designation has become more sought after as the inventory of land that can be developed within the parameters of the conventional zoning code diminishes. The designation was conferred last summer on the River Bluff Town Home development on Ledgerock Road.

The site plan the board and planning commission approved showed 10 of 19 townhomes will front the Bull Bayou arm of Lake Hamilton. Proposed amenities included a 200-foot boardwalk along the lake and sun deck set against a waterfall overflowing from an infinity-edge pool.

The city requires a narrative describing the project and a detailed site plan be submitted in support of a request for planned development status.

Local on 03/12/2020

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