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Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6682
File Number: 2023-952
REZONING - 2023-0017: (N. TRUCKERS DR/THE LENNON, 208)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-017
LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23 ACRES FROM
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-UL RESIDENTIAL MULTI -FAMILY, 18 UNITS
PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shovm on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RPZD, Residential Planned Zoning District to RMF-18, Residential Multi -Family,
18 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the caning change provided in Section I.
PASSED and APPROVED on September 19, 2023
Page 1
RZN-2023-0017
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Close Up View
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■ ■ Planned Residential Link
' Planning Area
Fayetteville City Limits
N. TRUCKERS DR
L•ESLIEDR
RZN-223-0017
EXHIBIT 'A'
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0 ag�Vp
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GRP� J0
I i A JNORTH
Feet
0 75 150 300 450 600
1:2,400
Zone
Current
Proposed
Cs
0.0
0.0
RMF-18
0.0
20.2
RPZD
20.2
0.0
Total 20.2 ac
RZN-2023-0017
EXHIBIT `B'
Legal Description
A PART OF THE EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW1/4)
SECTION TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE
THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY
ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NE 1/4 OF THE SW 1/4 OF
SAID SECTION 28 BEING A FOUND "MAG" NAIL IN ASPHALT ROADWAY; THENCE
ALONG THE WEST LINE OF SAID NE 1/4 OF THE SW 1/4, S02°34'52"W A DISTANCE
OF 1283.11 FEET TO THE POINT OF BEGINNING SAID POINT BEING A FOUND IRON
PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST LINE, S87°19'58"E A
DISTANCE OF 1315.10 FEET TO A FOUND IRON PIN WITH CAP "PLS 1156"; THENCE
S02032'22"W A DISTANCE OF 668.88 FEET TO A FOUND IRON PIN; THENCE
N87026'22"W A DISTANCE OF 1315.59 FEET TO THE WEST LINE OF SAID E 1/2 OF
THE SW 1/4 AND A FOUND IRON PIN WITH CAP "PLS 1439"; THENCE ALONG SAID
WEST LINE, NO2"34'52"E A DISTANCE OF 671.33 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 20.23 ACRES (881,425 SQUARE
FEET), MORE OR LESS.
® 0
Vl shinpton County,-qR
certify this instrument was filed on
10/02/2023 02:05:58 PM and recordetl in Real Estate
File Number 2023-0002575e
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 19, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
DATE:
CITY COUNCIL MEMO
2023-952
SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by
ELDRIDGE BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The
property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains
approximately 20.23 acres. The request is to rezone the property to RMF-18,
RESIDENTIAL MULTI -FAMILY, EIGHTEEN UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd., and contains
one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned Zoning District. The Park
West RPZD was a mixed -use development approved by City Council in 2006 with Ordinance 4820. The RPZD
zoning expired in 2011 without development and the property is effectively without a zoning designation. The
Park West development was originally planned on approximately 140 acres; however, much of the original
RPZD has been rezoned since the original approval expired. This includes areas currently developed with
Fellowship Bible Church to the north and Grand Retirement to the south. The subject proposal will rezone 20.2
acres of the remaining 59.6 acres of the remaining RPZD. A more detailed zoning history of the subject
property and nearby land is included in the attached Planning Commission memo.
Request: The request is to rezone the property from RPZD, Residential Planned Zoning District to RMF-18,
Residential Multi -Family, Eighteen Units per Acre.
Public Comment: Five members of the public have emailed staff expressing conditional support for the project.
All stated that the proposed density could be beneficial provided impacts to sensitive natural areas and
drainage are carefully considered.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is
adjacent to residential properties of mixed densities to the west and south, with a commercial church property
to the north and another parcel with the existing RPZD zoning to the east. During the staff -initiated rezoning in
2015, staff recommended CS, Community Services, which has no density cap. RMF-18 has a maximum
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
density cap of eighteen units per acre but would allow both single- and multi -family dwellings on this parcel to
support adjacent commercial developments. Additionally, some commercial uses, such as limited business,
professional offices, cultural and recreational facilities, and home occupations are allowed by conditional use
permit in the RMF-18 zoning district.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future
Land Use Map designation, and goals of City Plan 2040. The infill score is 5 at the highest level, indicating the
area can support additional density if it, but to the extent limited by the proposed RMF-18 zoning district. The
request meets Goal 1: Appropriate Infill; Goal 2: Discourage Suburban Sprawl; Goal 3: Growing a Livable
Transportation Network; and Goal 6: Create Opportunities for Attainable Housing of City Plan 2040. Access to
existing infrastructure near an interstate interchange, employment opportunities, and services makes the
property suitable for a variety of housing types.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates five attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score, which ranges from
2-5:
• Near Sewer Main (10" Sewer Main bisecting parcel)
• Near Water Main (6" PVC, N. Gilbert St.)
• Near Grocery Store (Sam's Club)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use
DISCUSSION:
At the July 24, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden
seconded. The was some discussion regarding adjacent streets and planned connections indicated on the
Master Street Plan; staff clarified that these connections would be evaluated at the time of a development
proposal. No members of the public spoke during the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, RZN-23-17 Hydric Soil
Exhibit, RZN-23-17 Floodplain Exhibit, RZN-23-17 Topography Exhibit, Steven Brooks - Rezoning EAC,
Environmental Action Comittee Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-952
RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE
BROOKS PLLC for property located at N. TRUCKERS DR in WARD 2. The property is zoned
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 20.23 acres.
The request is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY, EIGHTEEN
UNITS PER ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-017 LOCATED NEAR NORTH TRUCKERS DRIVE IN WARD 2 FOR APPROXIMATELY 20.23
ACRES FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO RMF-18,
RESIDENTIAL MULTI -FAMILY, 18 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RPZD, Residential Planned Zoning District
to RMF-18, Residential Multi -Family, 18 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-952
Item ID
8/15/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/28/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208): Submitted by ELDRIDGE BROOKS PLLC for
property located at N. TRUCKERS DR in WARD 2. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING
DISTRICT and contains approximately 20.23 acres. The request is to rezone the property to RMF-18, RESIDENTIAL
MULTI -FAMILY, EIGHTEEN UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
V0.111W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: July 24, 2023 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2023-0017: Rezoning (N. TRUCKERS DR./THE LENNON, 208):
Submitted by ELDRIDGE BROOKS PLLC for property located at N.
TRUCKERS DR. The property is zoned RPZD, RESIDENTIAL PLANNED
ZONING DISTRICT and contains approximately 20.23 acres. The request
is to rezone the property to RMF-18, RESIDENTIAL MULTI -FAMILY,
EIGHTEEN UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0017 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"l move to forward RZN-2023-0017 to City Council with a recommendation of approval. "
BACKGROUND:
The subject property is located in north Fayetteville between Hwy 112 and Deane Solomon Rd.,
and contains one 20.23-acre parcel originally part of the Park West RPZD, Residential Planned
Zoning District. The Park West PZD was a mixed -use development approved by City Council in
2006 by ordinance number 4820. The RPZD zoning expired in 2011 without development and the
property is effectively without a zoning designation at this time.
The Park West development was originally planned on approximately 140 acres; however, most
of the original PZD has been rezoned since the original approval expired:
1. 25.0 acres was rezoned to CS, Community Services on January 7, 2014.
2. 20.5 acres was rezoned to RMF-12, Residential Multi -Family, twelve Units per Acre
on December 16, 2014.
3. 33.38 acres was rezoned to RSF-8 Residential, Single Family, eight units per Acre
on February 17, 2015 (staff initiated).
o This area has since been rezoned again on April 19, 2022 to a mix of 1)
NS-G, Neighborhood Services General, 2) CS, Community Services, and
3) UT, Urban Thoroughfare.
4. 59.6 Acres retains the original expired RPZD designation, including the parcel being
requested in this report. These parcels were originally included in the staff -initiated
rezoning listed above. Staff and Planning Commission recommended the properties
be rezoned to CS, Community Service; however, the parcels were pulled from the
ordinance for further review by the Environmental Action Committee (see attached
email). The committee provided several recommendations; however, it is unclear
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 1 of 36
what happened to the rezoning efforts after the Environmental Action Committee
made these recommendations.
The subject proposal will rezone 20.2 acres of the remaining 59.6 acres of remaining RPZD
zoning district. The surrounding zoning and land uses are depicted below in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Religious Facility
CS, Community Services
South
Retirement Community
RMF-12, Residential Multi -Family, 12 Units per Acre
East
Undeveloped
RPZD, Residential Planned Zoning District (Expired)
West
Single -Family Residential
RA, Residential Agriculture
Request: The request is to rezone the property from RPZD, Residential Planned Zoning District
to RMF-18, Residential Multi -Family, Eighteen Units per Acre.
Public Comment: Four members of the public have emailed staff expressing conditional support
for the project. All stated that the proposed density could be beneficial provided impacts to
sensitive natural areas and drainage are carefully considered.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along North Truckers Drive, a fully improved
residential link street with asphalt paving, curb and gutter and sidewalk. Any street
improvements required in these areas would be determined at the time of
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is available to the Subject area. Existing 8-inch water main is
present on the South side of Subject Property.
Sewer: Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is
present in the Southwest corner of the subject property. Existing 10-inch sewer
main is present across the subject property.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 8, located at 2266 W. Deane St., protects this site. The property is located
approximately 2.5 miles from the fire station with an anticipated drive time of
approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property is within a FEMA floodplain or have hydric soils. The
property is also not located within the Hillside -Hilltop Overlay District. A protected
stream cuts through the western third of the property. Streamside Protection Zones
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 2 of 36
generally consists of a protected area on each side of a stream or creek. This
"protected area" is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, it will be 50ft
wide as measured from the top of bank but depending on the shape and extents
of the floodway, it could be substantially more. Certain construction activities such
as trails and some utilities are allowed in these zones, but in general,
improvements such as parking lots or buildings are prohibited.
Tree Preservation:
The proposed zoning district of RMF-18, Residential Multi -Family, Eighteen Units
per Acre requires 20% minimum canopy preservation. The current zoning
district of RPZD, Residential Planned Zoning District requires 25% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety,
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level on connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 2-5
for this site, with a weighted score of 6 at the highest. The following elements of the matrix
contribute to the score:
• Near Sewer Main (10" Sewer Main bisecting parcel)
• Near Water Main (6" PVC, N. Gilbert St.)
• Near Grocery Store (Sam's Club)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. The parcel is adjacent to residential properties of
mixed densities to the west and south, with a commercial church property
to the north and another parcel with the existing RPZD zoning to the east.
During the staff -initiated rezoning in 2015, staff recommended CS,
Community Services which has no density cap. RMF-18 has a maximum
density cap of eighteen units per acre but would allow both single- and multi-
family dwellings on this parcel to support adjacent commercial
developments. Additionally, some commercial uses, such as limited
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 3 of 36
business, professional offices, cultural and recreational facilities, and home
occupations are allowed by conditional use permit in RMF-18 zoning district.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The property has a weighted infill score of 6. A moderate
infill score indicates that the area can likely support additional density if it is
feasible under the proposed zoning entitlements. The request meets Goals
1 and 6 of City Plan 2040, by providing appropriate infill development, as well
as by providing a potential for a variety of housing types, which could help
fulfill a goal towards the provision of more attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to RMF-18 is justified. Currently, the property is
zoned RPZD Park West, but all development rights have expired. This
creates challenges for both the current property owner and any future
buyers as nothing may be developed on the property without a rezoning.
Several parts of the RPZD have been rezoned, with this parcel being one of
two remaining.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property is currently undeveloped and there are no development rights
since the PZD approval has expired. Any rezoning action will increase
congestion in the area. However, new development will also create the
requirement for new streets and street improvements consistent with the
master street plan that will help facilitate traffic flows. Adequate street
connections to Deane Solomon, Hwy 112, and Truckers Drive, as well as
internal connectivity between developments should minimize traffic danger
and congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RMF-18 is likely to increase population density and
therefore the load on public services; however, the impact is not expected
to be detrimental. Adequate water and sewer connections are available to
the site, suggesting the area can support the increase and avoid costly
extensions to services. Fayetteville Public Schools did not comment on this
request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 4 of 36
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommend forwarding RZN-2023-0017 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: July 24, 2023 O Tabled O Forwarded O Denied
Motion: GARLOCK
Second: MADDEN
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per
Acre
• Zoning Background
o ORD-4820 Park West RPZD excerpts
o Original Planning Areas and Current Zoning Exhibit
o City Council Minutes
o Environmental Action Committee Recommendations
o Email from Legal
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 5 of 36
161.15 District RMF-18, Residential Multi -Family — Eighteen (18) Units Per Acre
(A) Purpose. The RMF-18 Multi -family Residential District is designed to permit and encourage the development
of multi -family residences at a medium density that is appropriate to the area.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessorydwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit
12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I Eighteen 18 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home park
50 feet
Single-family
40 feet
Two 2 family
40 feet
Three 3 and more
75 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home park
4,200 square feet
Townhouse: Individual lot
2,500 square feet
Single-family
4,000 square feet
Two 2 family
5,000 square feet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 6 of 36
Three 3 or more
7,500 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 13,000 square feet
(E) Setback Requirements.
Front
Side Other
Side
Rear
Rear
Uses
Single &
Other
Single
Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the
front property line and a
line 25 feet from the
front property line.
(F) Building Height Regulations.
Building height maximum 12 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions
of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum
height of three (3) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories
shall have an additional setback from any side boundary line of an adjacent single family district. The amount
of additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15;
Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245,
§2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset,
repeal and termination section."
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 7 of 36
Planning Area 1 (PA-1) — Single Family
Residential
AREA: 26.05 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
t
right
City-wide uEdel
Unit 8
Single-family lin
Unit 9
Two-familyn sUnit
10
Three-famiin sUnit
24
Home occu
2 Conditional uses.
Unit 2 City-wide uses by conditional use
omit
(C) Density.
Single-family, Two- and
Three-family dwellings
Units per acre 1 4 or less
(D) Bulk and area regulations.
1) Lot width minimum.
Single family 30 ft.
Two-family 30 ft. (per unit
'Three-family 30 ft. (per unit)
(2) Lot area minimum.
Townhouse:
Individual lot
2,500 sq. fLI t.
Single-family
4,000 sq. ft.
Two-family
2,400 sq. ft. (per unit
Three-family
2,400 s . ft. er unit
3 Land area per dwelling unit.
Townhouses & apartments
No bedroom rl,
0 sq. ft.
One bedroom 0 sq. ft.
Two or more bedrooms 2,000 sq. ft.
(E Setback re uirements.
Front
Side
Rear
Single-
14' *
6'
Minimum
family
10' **
Two- and
14' *
0'
Minimum
Three-
10' **
family
* A build -to line.
** The rear building setbacks may range
from 10' to 20' depending on the location of
utilities. All structures shall be setback 20'
from the centerline of any alley or easement.
(F) Height. No structure shall exceed three
stories, exclusive of the basement.
(G) Building area.
Detached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 60% of the total area of such lot.
Attached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 91
(I) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 8 of 36
Planning Area 2 (PA-2) — Town
Homes/Single Family Attached
AREA: 12.15 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellin
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 24
Home occupations
Unit 26
_
Multi-famil dwellings
(2) Conditional uses.
U�ut 2 City-wide uses by conditional
use cnnit
C Density.
Single-family, Two- and
Three-family dwellings
Units per acre 6 or less
(D) Bulk and area regulations.
(1) Lot width minimum _
Single family 30 ft.
Two-family 30 A. (per unit)
Three and more 30 ft. (per unit)
(2) Lot area minimum
Townhouse:
Individual lot
2,700 sq. ft.
Single-family
2,700 sq. ft.
Two-family
2,700 sq. ft_(per unit)
Three or more
2,700 sq. ft.(per unit
3 Land area per dwe_/_li�tunit.
Townhouses & apartments i
No bedroom 1,000 sq. it.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft.
�E Setback requirements.
Front
Side
Rear
_
Single-
to, *
0'
Mitrimum20',
family
30' from
centerline of
alley or
easement
Two- and
10' *
0'
Minimum 20%
Three-
30' from
family
centerline of
alley or
easement
* A build -to line, wherever possible.
(F) Height- Minimum two (2) stories.
Maximum 45 feet.
(G) Building area. On any !lot :the area
occupied by all buildings shall - not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 72
(I) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 9 of 36
Planning Area 3 (PA-3) — Plaza
Condominium
AREA: 4.01 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
U:,it 1I
Cit -wide uses b ri t
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related
services
Unit 13
Eating places
I Unit 15
Neighborhood shopping goods
Unit 16
Shopping oods
Unit 25
Professional offices
Unit 26
Multi -family dwellin s
3 Land area_tYerdwellin unit.
Townhouses & apartments
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. R.
Two or more bedrooms 1,200 sq. ft.
L Setback requirements.
Front Side Rear l
20 0' 20' ]
(F) Height. Minimum two (2) stories.
Maximum seven (7) stories.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 160
(1) Maximum Bedrooms: 320
(J) Maximum Intensity: 26,000 sq. ft. non-
residential use
(2) Conditional uses. _
Unit 2 City-wide uses by conditional (K) Architectural Design Standards:
use permit Reference the Project Booklet
Unit 14 Hotel, motel, amusement
facilities
Unit 24 Home occupations
(C) Dens- it .
Units 140 or less I)
(D) Bulk and area regulations.
1) Lot width minimum.
Single family
30 &
Two-family
30 ft.
Three and more
30 ft.
Non-residential
0 ft
(2) Lot area minimum.
Townhouse:
Individual lot
3,000 sq. ft.
Single-family
3,000 sq. ft. _
Two-family
3,000 sq. ft.
Three or more
3,000 sq. ft.
Non -Residential
No Minimum
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 10 of 36
Planning Area 4 (PA-4) — Courtyard
Multi -Family
AREA: 7.83 acres
(A) Purpose. See project booklet
(B) Uses-
(1) Permitted uses.
Unit 1
Unit 8
City-wide uses by right
Single-family dwelling
Unit 4
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related
services
Unit 13
Hating places
Unit 15
Neighborhood sho in oods
Unit 16
Shopping goods
Unit 25
Professional offices
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional
use permit
Public protection and utility
Unit 3
facilities
Unit 4
Cultural and recreational
facilities
Unit 24
_
Home occupations
C Density.
Units per acre 40 or less
(E) Bulk and area regulations.
1 Lot width minimum.
Sin e famil 30 ft.
Two-family 30 ft.
Three and more 30 ft.
(2) Lot area minimum.
Townhouse:
Individual lot
3,000 sq. ft.
Single-family
3,000 sq. ft.
Two-farrdly
3,000 sq. ft.
Three or more
3,000 sq. ft.
Non -Residential
No Minimum
Q) ,land area per dwelling unit._..
Townhouses & apartnients
No bedroom 1,000sq. ft.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft.
(E) Setback requirements_ _
Front Side Rear
16' from a public street 16' 16'
or alley
10' from a private drive
or access easement
(F) Height. Minimum two (2) stories.
Maximum four (4) stories.
(G) Building area. 85% of.the site
(H) Maximum Dwelling Units: 313
(1) Maximum Bedrooms: 626
Q) Maximum Intensity: 25,000 sq. ft. non-
residential use
(K) Architectural Design Slandards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 11 of 36
1Planning'Area 5 (I'A-5)—Multi-Family
Residential
AREA: 4.79 acres
(A) Purpose. See project booklet
(B) Uses.
1 Permitted uses.
Unit 1
City-wide uses by right
Single-family dwelling
Unit 8
Unit 9
Two-family dwellings _
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related
services_
Eating laces
Unit 13
Unit 15
Neighborhood shopping oods
Unit 16
ShoppingShoppiag oods
Unit 25
Professional offices
Unit 26
Multi -family dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational
facilities
Unit 24
Home occupations
(C) Density.
If Units per acre 136 or less_ J
(F) Bulk and area regulations.
1 Lot width minimum.
Single famil 30 ft.
Two-family 30 ft.
Three and more 30 ft.
2 Lot area minimum.
Townhouse: l
Individual lot 13,000 sq, ft. I
Sin le-famil .
3,000 sq. ft.
Two-famil
3,000 sq. ft.
Three or more
3,000 sq. ft.
�3 Land area perd►vellin unit.
Townhouses & apartments
No bedroom 1,000 sq. ft.
Onc bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 ft.
E2 setback re urrements.
Front
Side
Rear
30' from a public street
10,
20'
10' from a private drive
or access easement
(F) Height. Minimum two (2) stories.
Maximum 4 stories otherwise.
(G) Building area. 85% of the site
(R) Maximum Dwelling Units: 172
(n Maximum Bedrooms: 344
(J) Maximum Intensity: 10,000 sq. ft. non-
residential use
(K) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 12 of 36
Planniieg Area 6, 7, 8, 9 (PA 6, PA 7, PA-
8, PA-9) — Preserve/Botanical/Detention
AREA:
PA-6: 4.85 acres
PA-7: 1.17 acres
PA-8: 2.31 acres
PA-9: 10.47 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses. y-_
Unil 1 Citwide uses by ri�hl
_(2) Conditional_ uses.
Unit 4 Cultural and recreational
facilities — -
(C)Density. None (not applicable)
(G) Bulk and area regulations. None (not
applicable)
(l:) Setback requirements.
Front Sidc Rear
15, - _ - — -- 10
F— 15'
(F) Height. No maximum height.
(G) Building area. No maximum building
area.
.(H) Maximum Dwelling Units: Not
applicable
(1) Maximum Bedrooms: Not applicable
(J) Architectural Design Standards: Not
applicable
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 13 of 36
Planning Area 10 (PA-10) — Civic Lawn
AREA:. 1.24
(A) Purpose. See project'booklet
(B) Uses.
I) Permitted uses.
Unit 1 City-wide uses by right
2 Conditional uses.
Unit 4 Cultural and recreational
facilities
(C)Density. None (not applicable)
Brilk and area regulations. None (nut
applicable)
1i Setback requirements.
Front _ Side Rear
15' 10' 15'
(F) Heif;ht. No maximum height.
(G) Buileling area. No maximum building
area.
(11) Maximum Dwelling Units: Not
applicable
(1) Maximum Bedrooms. Not applicable
(J) Architectural Design Standards: Not
applicable
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 14 of 36
Planning Area 11, 12 (PA-1 1, PA-12) —
Mixed Use Districts
AREA:
PA-11: 31.82 acres
PA-12: 5.77 acres
(A) Purpose_ See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational
facilities
Unit 8
Single-family dwellin
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related
services
Unit 13
Eatingplaces
Unit 14
Hotel, motel, and amusement
facilities
15
Neighborhood shopping oods _
_Unit
Unit 16
Sho2ping goods
Unit 17
Trades and services
Unit 19
Commercial recreation, small
sites
Unit 24
home occupations
Unit 25
Professional offices
Unit 26
Multi-fairdly dwellings
Unit 34
Liquor store
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 5
Government facilities
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 21
Warehousing and wholesale _
Unit 29
Dance halls _
Unit 35
Outdoor music establishments
C Density. _
Units per acre T 24 or less
(H) Bulk and area regulations.
l Lot width minimum.
Sin le family �-
30 ft.
Two-fan-ffly
30 ft.
Three and more
_ 30 ft.
Non-residential
0 ft.
(2) Lot area minimum.
Townhouse:
Individual lot
3,000 sq. ft.
Single-family
3,000 sq. ft_
Two-family
3,000 sq. ft.
Three or more
3,000 sq. ft.
Non-residential
3) Land area per dwelling unit.
Townhouses & apartments
No bcdroom 1,000 sq. fl.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft.
E Setback rer uirements._ _ _
Front Side y Rear
8' to 12' * 20' from public or 5'
private access
0' from internal side
propertyproperLy lines _
* A build -to line
(F) Ifeight. Structures immediately adjacent
to the civic lawn shall have a minimum
height of 30'. Structures adjacent to
main streets shall be a minimum two -
stories in height. Maximum heighf of
four (4) stories otherwise.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units:
PA-1 1: 783
PA-12: 138
(1) Maximum Intensity:
PA-1 1: 520,000 sq. ft.
PA-12: 60,000 sq. ft.
(J) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 15 of 36
Planning Area 13 (PA-13) —
Neighborhood Commercial
AREA: 4.21 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses_
Unit 1
City-wide uses by right
Unit 12
Offices, studios and related
services
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 25
_
Professional offices
Unit 26
Multi -family dwellings _
(2) Conditional uses_
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 35
Outdoor music establishments
Urut 36
Wireless communication facilities
(C) Density.
Units per acre _24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Residential Use — None
Non-residential — None
(2) Lot area minimum.
Residential Use — None
Non-residential — None
(3) Land area per dwelling unit.
Townhomes or Apartments:
*No bedroom
1,700 sq. ft.
*One bedroom
1,700 sq. ft.
*Two bedroom
2,000 sq: ft.
(E) Setback requirements.
Front Side Rear
50, 0' -- -- 20'
25' when contiguous to
residential district
(F) Height. Maximum 4 stories
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 15
(1) Maximum Bedrooms: 30
(1) Maximum Intensity: 15,000 sq. ft.
(K) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 16 of 36
Planning Area 14 (PA-14) —
Thoroughfare Commercial (C) Density. None
AREA: 15.55 acres (1) Bilk and area regulations, None.
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses_
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12
Offices, studios and related
services
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement
facilities
Unit 15
Neighborhood shopping goods
Unit 16
Shopping goods
Unit 17
Trades and services
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 19
Commercial recreation, small
25Professional
kdsites
offices
Liquor store
(2) Conditional uses.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use
Permit
Unit 3
Public protection and utility
facilities
Unit 21
Warehousing and wholesale
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
ttil .Sethack reauirements_
Front
Side
Rear
40'
0'
20'
25, when
25' when
contiguous to
contiguous to
residential
residential
district
district
(F) Height. Maximum 7 stories.
(G) Building area. On any lot the area
occupied by all buildings shall not
exceed 70% of the total area of such lot.
(H) Maximum Dwelling Units: Not
Applicable
(I) Maximum Bedrooms: Not Applicable
Q) Maximum Intensity: 200,000 sq. ft.
(J) Architectural Design Standards:
Reference the Project Booklet
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 17 of 36
Plagning Area 15 (PA-15) —Parks and Trails
AREA: 7.18 acres
(A) Purpose. See project booklet
() Uses.
(l) Permitted rrses. _
Unit 1 __ City-wide uses by right-
(C)Density. None (not applicable)
(D) Bulk and area regulations. None (not applicable)
(Ii) Setback re «irements.
Front Side Rear
1151-1 10' 15'
(F) Height. No maximum height.
(G) Building area. No maximum building area.
(I) Maximum Dwelling Units: Not applicable
(1) Maximum Bedrooms: Not applicable
(.l) Architectural Design Standards: Not applicable
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 18 of 36
a
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 19 of 36
4
ORIGINAL PLANNING AREAS / CURRENT ZONING EXHBIT
--------------
CURRENT
REZONING
DCnl ICCT
I
RZN-2023-0017 (THE LENNON)
Paqe 20 of 36
City Council Meeting Minutes
February 17, 2015
Page 4 of 19
Alderman Kinion: This is the language to take our current code and put it into compliance with
the suggestion of the ADEQ and the EPA. This specific revision of the code that we are talking
about tonight doesn't have a direct impact on rates. We are bringing some terminology up, to make
it in line with current usage.
City Attorney Kit Williams: It was under an abundance of caution that we went ahead and
publicized this, as if it did affect the rate. The effect on rates with this particular ordinance should
be very minimal, if any.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Schoppmeyer was absent.
Ordinance 5 73 9 as Recorded in the office of the City Clerk
RZN 14-4882 (East Side of Rupple RD./Westside Village): An ordinance rezoning that property
described in Rezoning Petition RZN 14-4882, for approximately 21.63 acres, located on the east
side of Rupple Road North of the Boys and Girls Club, from R-PZD, Residential Planned Zoning
District R-PZD 06-1884 Westside Village, to NS, Neighborhood Services. This ordinance was
left on the First Reading at the February 3, 2015 City Council meeting.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Marsh
seconded the motion. Upon roll call the motion passed 6-1. Alderman Long voting no.
Alderman Schoppmeyer was absent.
City Attorney Kit Williams read the ordinance.
A discussion followed about leaving the ordinance on the second reading. Council members from
Ward 4 requested more time to visit with citizens.
This ordinance was left on the Second Reading.
RZN 14-4883 (HWY. 112 North of Truckers Drive/Parkwest): An ordinance rezoning that
property described in Rezoning Petition RZN 14-4883, for approximately 93.04 acres, located at
HWY 112 North of Truckers Drive from R-PZD 05-1796, Residential Planned Zoning District
Park West, to RSF-8, Residential Single Family, 8 units per acre, and CS, Community Services.
This ordinance was left on the First Reading at the February 3, 2015 City Council meeting.
Alderman Gray moved to suspend the rules and go to the second reading. Alderman Kinion
seconded the motion. Upon roll call the motion passed 7-0. Alderman Schoppmeyer was
absent.
City Attorney Kit Williams read the ordinance.
Planning Commission
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 21 of 36
City Council Meeting Minutes
February 17, 2015
Page 5 of 19
Jeremy Pate, Director of Development Services gave a brief description of the ordinance. He
stated the item was a staff initiated rezoning. The Planning Commission is recommending approval
9-0 in favor of the request.
Alderman Marsh: I've gotten a few concerned inquiries regarding the sensitive riparian areas on
the site. What protection will those areas have if this were to go forward?
Jeremy Pate: Any zoning district would have to look at the development proposal. We would
look at whether there is a streamside protection area and designated wetlands.
Alderman Marsh: Just to be clear, our Streamside Protection ordinance will protect the critical
areas.
Jeremy Pate: If it applies. We don't know if it applies currently without a development proposal
and seeing if there is actually a stream bank that drains at least 100 acres. We would have to look
at our maps to understand that.
Joe Neal, 145 East Cleburn stated his concerns about a portion of the acreage with the proposed
rezoning request. He stated he is not sure that anyone has looked at the seasonal wetlands issue.
He stated that wetland soils, wetland plants, wetland birds and all kinds of wetland ecological
issues need to be taken into consideration. He stated if we continue to lose wetlands, he would like
the Council to mitigate losses and take into account what is being lost if authorization of the
development of the property is granted.
Aubrey Shepherd, Citizen stated he would like the City Council to engage in some change to
ordinances that would require the Planning and Engineering Departments to go back to having a
Corp of Engineers delineation of seasonal wetlands. He expressed his concerns if all the acreage
was rezoned to eight houses per acre.
Alderman Marsh: Has this been through the Environmental Action Committee?
Alderman Long: It was not on the last agenda. It can be added to the next one.
Alderman Marsh: I would like to see that done. Maybe we could split off the 33.38 acre parcel
and go ahead and rezone that, then refer the balance in the critical areas to the Environmental
Action Committee.
A discussion followed about sending the item to the Environmental Action Committee for review.
Alderman La Tour: Do we know if the current landowner has an opinion?
Jeremy Pate: I don't know. It's owned by a bank. We have notified them of what staff is
presenting. Rezoning's do not go to the Environmental Action Committee, unless the Council
sends it there. There are no eminent plans that we are aware of to sell the balance of this property
or to develop it at this time.
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.90vPlanning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 22 of 36
City Council Meeting Minutes
February 17, 2015
Page 6 of 19
A discussion followed about rezoning the property to. allow it to be more marketable within the
city, whereas the property currently has no developing or rezoning rights.
Alderman Gray: Is it possible to break this off as Alderman Marsh has suggested?
City Attorney Kit Williams: This was proposed by staff. Staff would have the right to divide it.
My advice is that we need to have some zoning on it that would allow at least some kind of
development to go on it, whatever zoning you believe is the most appropriate.
Jeremy Pate: It would be fine to split it off or leave it all and have it go through at the same time.
Alderman Marsh encouraged City Council members to rezone only 33.38 acres and send the
ordinance to the Environmental Action Committee for review.
Mayor Jordan: What do Ward 4 Council members think?
Alderman Long: I haven't heard anything from people who live in the area. I didn't want it to
move to the second reading at the last meeting, because I usually do hear from people in this area.
I haven't had any objections from constituents. I'm happy to take it to the Environmental Action
Committee next month.
Alderman La Tour: I haven't heard from any constituents. If I were a stockholder in that bank,
I would feel very imposed upon to have City Council say this is wetland and you can't do anything
with it. That takes away economic value.
Alderman Long: This isn't restricting the bank's rights. It is allowing them to do something with
it. Right now they can't build anything on it. This discussion will put value in their property.
A discussion followed regarding how the ordinance and exhibits would be written if it was
amended to rezone 33.38 acres to RSF-8.
Alderman Marsh moved to amend the ordinance to rezone only 33.38 acres with an RSF-8
zoning and not rezone the additional property. Alderman Gray seconded the motion. Upon
roll call the motion to amend passed 7-0. Alderman Schoppmeyer was absent.
Alderman Marsh moved to suspend the rules and go to the third and final reading.
Alderman Gray seconded the motion. Upon roll call the motion passed 7-0. Alderman
Schoppmeyer was absent.
City Attorney Kit Williams read the ordinance.
Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0.
Alderman Schoppmeyer was absent.
Ordinance 5740 as Recorded in the office of the City Clerk
Planning Commission
113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 23 of 36
Garner, Andrew
From: Nierengarten, Peter
Sent: Monday, April 27, 2015 8:59 AM
To: Garner, Andrew
Cc: Pate, Jeremy; Brown, Chris
Subject: EAC Recommendation regarding Parkwest Rezoning
Hi Andrew,
On Monday, April 20t", the Environmental Action Committee (EAC) passed a recommendation to City Council regarding
the proposed rezoning of 59.66 acres along Hwy 112 (formerly Park West). The Environmental Committee:
• Encourages preservation in this area
• Encourages LID when developed
• Recommends front zoning be broken off (different) from the remainder of the property
• Encourages family element to the zoning so that Parkland Dedication can be contiguous to the property
• Recommends EAC review this property again if rezoned in the future
Let me know if you have any questions about this.
Peter Nierengarten
Sustainability & Resilience Department Director
City of Fayetteville, Arkansas
479.575.8272
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 24 of 36
Wonsower, Donna
From: Masters, Jessica
Sent: Wednesday, June 28, 2023 7:58 AM
To: Pennington, Blake; Wonsower, Donna
Subject: RE: Ordinance 5740 - CS?
Thanks Blake and Donna for looking into the matter! We'll include some inclusion of this conversation in the background
section of the report.
Jessie
Jessie Masters, AICP
Development Review Manager
City of Fayetteville, Arkansas
(479) 575-8239
www.fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
wpKwNsws
From: Pennington, Blake <bpennington@fayetteville-ar.gov>
Sent: Tuesday, June 27, 2023 5:23 PM
To: Wonsower, Donna <donsower@fayetteville-ar.gov>; Masters, Jessica <jmasters @fayetteville-ar.gov>
Subject: RE: Ordinance 5740 - CS?
If this was a staff -initiated rezoning then it must have been one of the PZDs that had lost all development rights (at that
time PZDs expired after a certain amount of time). Our office had recommended bringing all of those PZDs in similar
situations back to the City Council to be rezoned so they could have some development entitlement. Sometimes it was
to revert to the zoning just prior to the PZD zoning; in other cases, I think the property owner had some input.
Just glancing through this report, staff had recommended both the RSF-8 and CS. It's not entirely clear who should have
shepherded the CS area back to the City Council after the EAC made its recommendation. I have never seen that
situation before and I'm not sure how Andrew and Jeremy handled it after that.
In any event it needs to be rezoned to something because it sounds like there is no development entitlement at all.
Blake E. Pennington
Senior Assistant City Attorney
City of Fayetteville, Arkansas
bDenninatonafavetteville-ar.aov
Direct: 479.575.8312
www.fayetteville-ar.gov
C T ', 0 F
WOO FAYETTEVILLE
ARKANSAS
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 25 of 36
RZN 2023-0017
Public water is available to the Subject area. Existing 8-inch water main is present on the
South side of Subject Property.
Sanitary Sewer is available to the Subject area. Existing 12-inch sewer main is present in
the Southwest corner of the subject property. Existing 10-inch sewer main is present
across the subject property.
The subject area has frontage along North Truckers Drive. North Truckers Drive is a Fully
improved Residential Link street with asphalt paving, curb & gutter and Sidewalk. Any
street improvements required in these areas would be determined at the time of
development proposal. Any additional improvements or requirements for drainage will be
determined at time of development.
Does any portion of the subject area lie within the Hillside -Hilltop Overlay District?
❑ Yes ❑X No
Comments: If Yes, additional restrictions will apply at the time of development. Engineered footing
designs will be required at the time of building permit submittal, as well as grading, erosion control
and abbreviated tree preservation plans.
Does any portion of the subject area lie within a FEMA Floodplain?
❑ Yes ❑X No
Comments: If Yes, a floodplain development review will be required at the time of permit or plan
submittal. This will restrict the type of development and impact in flood zones; and may require
additional documentation such as flood studies or elevation certificates depending on the type of
development. If a development impacts a floodplain, those impacts may require review and
approval from FEMA.
Is a protected Stream present in the subject area?
❑X Yes ❑ No
Comments: If Yes, Streamside Protection Zones generally consists of a protected area on each side
of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural
areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide
as measured from the top of bank but depending on the shape and extents of the floodway, it could
be substantially more. Certain construction activities such as trails and some utilities are allowed
in these zones, but in general, improvements such as parking lots or buildings are prohibited.
Are any Hydric Soils present in the subject area?
❑ Yes ❑X No
Comments: If Yes, Hydric soils are a known indicator of wetlands. However, for an area to be
classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow
in water), and shallow water during parts of the year. Hydric Soils can be found across many areas
of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these
natural resources during development, so when these soils are identified on a property, further
environmental studies will be required at the time of development. Before permits will be issued
for the property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report indicates that
wetlands may be present on site, a USACE Determination of jurisdictional Wetlands will be
required at the time of development submittal.
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 26 of 36
CITY OF
FAYETTEVILLE
ARKANSAS
To: Jesse Masters, Planner
CC: Battalion Chief Jeremy Ashley, Fire Marshal
From: Captain Clint Price, Deputy Fire Marshal
Date: 6/6/2023
Subject: RZN-2023-0017: Rezone: For parcel number 765-15830-007
Fire apparatus access and fire protection water supplies will be reviewed for compliance with
the Arkansas Fire Prevention Code at the time of development.
Station 8, located at 2266 W Deane St., protects this site. The property is located
approximately 2.5 miles from the fire station with an anticipated drive time of approximately 5
minutes using existing streets. The anticipated response time would be approximately 7.2
minutes. Fire Department response time is calculated based on the drive time plus 1 minute for
dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire
Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder
truck.
Mailing Address
303 W. Center St.
Fayetteville, AR 72701
www.fayetteville-ar.gov
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 27 of 36
May 19, 2023
City of Fayetteville Planning Division
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Rezoning of Parcel No. 765-15830-007
To Whom It May Concern:
ELDRIDGE
BROOKS
PAR+NERS
I write on behalf of our client, Lennon Fayetteville Holdings, LLC, developer and owner of
"The Lennon," a proposed project to be located near North Highway 112 in Fayetteville, Arkansas,
owned by Willow Bend OptionCo, LLC (the "Applicant"). This letter regards the rezoning of Parcel
No. 765-15830-007, as more particularly described on the attached as Exhibit "A", from its current
designation of RPZD, Residential Planned Zoning District, to RMF-18, Residential Multi -Family —
Eighteen (18) Units Per Acre. While RPZD allows for Applicant's intended use, which is to construct
a multi -family residence that will accommodate a proposed density of 16 units/acre, RMF-18 is the
tailored and best designation for both the City and Applicant.
The subject property is bound by other residential use properties: to the west by Residential -
Agricultural and the south by Residential Multi -family — Twelve (12) Units per Acre. Further, The
Lennon is to be located adjacent to Fellowship Bible Church and near "The Aronson" mixed -use
development recently approved by the City. The proposed rezone is compatible with and will not
adversely affect these neighboring properties but instead, will add additional much -needed housing
and planned connectivity to a fast-growing area.
The City Plan 2040 Future Land Use designates the subject property as within a City
Neighborhood Area, which are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. Rezoning to RMF-18 will allow for the
development of multi -family residences at a medium density to address future land use goals and the
City Neighborhood's dense residential use development, while leaving the lands directly adjacent to
Hwy-112 available for future commercial development.
In conclusion, the proposed rezoning for The Lennon will not unreasonably adversely affect or
conflict with the surrounding land uses, is the highest and best use of the subject property, is in line
with the City's 2040 Future Land Use and provides for efficient approval of a development plan under
the Unified Development Code. Applicant respectfully requests the Planning Commission to vote in
favor of Applicant's rezoning request. We appreciate your consideration of our proposal and look
forward to working with you to create a vibrant and sustainable community.
Sincerely Yours,
5&_
Steve Brooks
5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 479-553-7678
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 28 of 36
Willow
ELDRIDGE
BROOKS
PAR+NERS
L. Gilbert, Agent for Willow Bend OptionCo, LLC
5100 WEST J.B. HUNT DRIVE, SUITE 840 • ROGERS, AR 72758 • 179-553-7678
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 29 of 36
Wonsower, Donna
From:
Planning Shared
Sent:
Monday, July 10, 2023 10:01 AM
To:
Wonsower, Donna
Subject:
FW: RZN-2023-0017
fyi
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
From: David Criswell <david.t.criswell@gmail.com>
Sent: Monday, July 10, 2023 8:41 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2023-0017
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello,
I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express
conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact
development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into.
The proposed density will be beneficial to the surrounding area. Excessive runoff and pollutants, however, will not be.
Sincerely,
David Criswell
2437 W HoneyLn
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 30 of 36
Wonsower, Donna
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
For you
Thankyou
Mirinda Hopkins
Development Coordinator
Planning Shared
Monday, July 17, 2023 12:54 PM
Wonsower, Donna
FW: RZN-2023-0017
Follow up
Flagged
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
F�_--e--
t = i
From: Meredith Castin <meredithcastin@gmail.com>
Sent: Monday, July 17, 2023 12:18 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2023-0017
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello!
I live near the area of RZN-2023-0017 and frequent the natural spaces near this property. I am writing to express
conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement low impact
development best practices to reduce impacts to the stream this property overlaps and the wetland that it drains into.
The proposed density will be beneficial to the surrounding area to provide additional housing and as it will encourage
much needed services be developed closer to the neighborhood at large. However, excessive runoff and pollutants into
our preserved natural spaces will not be supported.
Thank you for your consideration!
Sincerely,
Meredith Castin
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 31 of 36
Wonsower, Donna
From:
Planning Shared
Sent:
Tuesday, July 18, 2023 9:48 AM
To:
Wonsower, Donna
Subject:
FW: RZN-2023-0017
FYI
Thankyou
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
From: Clark Eckels <clark.eckels@gmail.com>
Sent: Tuesday, July 18, 2023 9:45 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2023-0017
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello,
I live near the area of RZN-2023-0017 and frequent the natural spaces and the greenway near this property. I am writing
to express conditional support for RZN 2023-0017 in the event that a bill of assurance is written agreeing to implement
low impact development best practices to reduce impacts to the stream this property overlaps and the wetland that it
drains into. The proposed density will be beneficial to the surrounding area to provide additional housing and as it will
encourage much needed services be developed closer to the neighborhood at large. However, excessive runoff and
pollutants into our preserved natural spaces will not be supported.
Clark Eckels
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Page 32 of 36
Wonsower, Donna
From:
Planning Shared
Sent:
Tuesday, July 11, 2023 10:17 AM
To:
Wonsower, Donna
Subject:
FW: RZN-2023-0017
Follow Up Flag: Follow up
Flag Status: Flagged
For you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
V4Vv
~;..
From: Matt Phillips <matt.phillips96@gmail.com>
Sent: Monday, July 10, 2023 5:50 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: RZN-2023-0017
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello,
I live near the area of RZN-2023-0017 and I support this rezoning. I think higher density will help make this area more
financially sound for the city as most of this area are single family homes. I do think as planning continues the water
runoff would need to be carefully watched.
Thanks,
Matt Phillips
3549 West Grouse Rd
1
Planning Commission
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 33 of 36
RZN-2023-0017
One Mile View
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July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 34 of 36
RZN-2023-0017
Close Up View
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0 75 150
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Total 20.2 ac
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 35 of 36
RZN-2023-0017 N. TRUCKERS DR
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675 900
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
July 24, 2023
RZN-2023-0017 (THE LENNON)
Paqe 36 of 36
Received By Jonathan Curth 08/10/2023 11:22 AM
Received By Jonathan Curth 08/10/2023 11:22 AM
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The do. contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic
Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk
1 % Annual Chance Flood Hazard
of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of
Regulatory Floodway
Exhibit
Fayetteville harmless from and without liability for any daims, actions, cost for damages of any nature, including the city's cost of
defense, asserted by user or by another adsing from the use of this data. The City of Fayetteville makes no express or implied
marutees with reference to the data. No word, phase, or clause found herein shall be construed to waive that tort immunity ast forth
antler Arkansas law.
Fayetteville, AR
Created: 23
Credits: FEIVIA,EMA, City of FaYedeville. AR, 20231megery I EagleView Technologies I Surdea Corporation
Map Author:
0.2%Annual Chance Flood Hazard
Received By Jonathan Curth 08/10/2023 11:22 AM
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
Kara Paxton, City Clerk -Treasurer
CC: Susan Norton, Chief of Staff
Jonathan Curth, Community Services Director
FROM: Kit Williams, City Attorney-'�
r
DATE: August 21, 2023
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
RE: Letter from Brooks claiming City Council lacked "consistency with
its own set of rules and guidelines" when referring a rezoning issue to
Environmental Action Committee
Attorney Steven L. Brooks sent the City Council a letter dated August
17t' which criticized the City Council's decision to refer his proposed current
rezoning issue to the Environmental Action Committee for advice when part
of the same property earlier had been discussed and commented upon by this
committee during an earlier rezoning request. He also claimed that the City or
City Council violated "the City's Rules of Order and Procedure."
As Fayetteville City Attorney, I need to review this and any other
claims of improper conduct and action within Mr. Brooks' letter. I find that
all such claims are without merit, and I have tried to explain his mistakes in
the attached letter that I am sending to Mr. Brooks. If anyone needs further
explanation or has any questions, please let me know.
Jodi Batker
Paralegal
KIT WILLIAMS
FAYETTEVILLE CITY ATTORNEY
kwilliams@fayetteville-ar.gov
Blake E. Pennington
Assistant City Attorney
bpennington@fayetteville-ar.gov
Jodi Batker
Paralegal
113 W. Mountain Street, Suite 302
Phone 479.575.8313 Fayetteville, AR 72701-6083
August 21, 2023
Steven L. Brooks
Eldridge Brooks Partners
5100 West JB Hunt Dr. Suite 840
Rogers, AR 72758
steve@eldrid ebrooks.com
RE: Proposed Rezoning
Dear Attorney Steven L. Brooks:
Thank you for your letter of August 17, 2023. As I am sure you
understand, a rezoning decision by the City Council is a legislative action.
Therefore, the City Council has substantial authority and discretion when
determining whether or not to enact a rezoning ordinance. The Council also has
substantial discretion when determining their compliance with the statutory
reading requirement.
All ordinances are statutorily required to "be fully and distinctly read on
the three (3) different days unless two-thirds (2/3) of the Members composing
the municipal council shall dispense with the rule." A.C.A. § 14-55-202 Reading
requirement. Because the property that you are proposing to rezone has been a
concern of a previous City Council which sought advice from the Environmental
Action Committee, it is certainly proper to refer your rezoning request back to
that advisory committee which was established for this very type of advice. No
volunteer city committee not established pursuant to explicit state statutory
authority (such as the Planning Commission or Civil Service Commission) has
true "jurisdiction." These committees were established by the City Council for
additional advice when requested which is exactly what is happening here.
The City Council will make the actual decision to grant or deny your
requested rezoning on the basis of what it believes is in the best interests of the
City and its citizens. It will certainly listen to, respect, and consider the
applicant/land owner's request and justifications for the rezoning, but that is
only one part of the final decision. The Council will also listen to public
comments as well as recommendations of the Planning Department, Planning
Commission, and the Environmental Action Committee to inform its final
decision.
I reject your contention that the City Council's referral of the rezoning
request to the Environmental Action Committee for further comment "is in
violation of the City's Rules of Order and Procedure." Please cite to me the rule
and its language you believe prevented such referral during the City Council's
consideration of a rezoning request. Such a referral to a city committee is not
necessary for the Council not to advance an ordinance beyond its first reading.
Indeed, no reason need exist as the state statute assumes the ordinance will "be
fully and distinctly read on three (3) different days..."
The City of Fayetteville City Council's consideration of a rezoning is not a
trial, but a legislative hearing. New information beyond the Agenda Packet is
always considered whether it is your client's presentation, public comments, or
committee comments. Because no decision was made at the first City Council
Meeting, anything presented there that you wish to attempt to rebut can be
addressed at the next City Council fleeting. A Council Member may call the
applicant or applicant's representative back to the podium to answer assertions
of the public or answer questions of the Council Member. Because no action was
going to be taken during that meeting, the Council evidently felt that any
response from the applicants would be better presented at the next City Council
:Meeting. This allows you to compose a better prepared and documented
response in support of your proposal.
It was wise that you consulted with City staff about your rezoning
proposal. The City Council carefully listens to the Planning Department's
recommendations as well as the Planning Commission's recommendations. But
the decision whether or not to rezone a piece of property is decided by the City
Council which is never bound to accept those recommendations.
I strongly disagree with and reject your unfounded allegation that "the
city itself encounters difficulty in maintaining consistency with its own set of
rules and guidelines." Such an unmerited attack upon the City of Fayetteville by
an applicant seeking City Council approval of a rezoning request is
counterproductive and unwise. I can assure you that the Fayetteville City
Council will not be intimidated by your demands or attacks. Your petition for
rezoning will be considered fairly pursuant to established rezoning
considerations and the best interests of our citizens and city.
Despite your request, the Council may not believe suspending the rule to
go to the third and final reading is appropriate at its September 5, 2023 meeting.
That decision is fully within their power and discretion. To suspend the rule to
go to the third and final reading would require six affirmative votes from either
the seven Council Members or five from them if Mayor Jordan would decide to
provide the sixth necessary affirmative vote. Otherwise, this ordinance will be
read again and ready for a vote during the September 19, 2023 City Council
meeting.
Sincerely,
KIT WILLIAMS
Fayetteville City Attorney.
cc: Flavor Jordan:
City Council
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Received By: Jeff Pummill
9:18 A. M 09/05/2023
Dear City Council,
The Council has requested that the Environmental Action Committee provide an opinion on the
zoning request for agenda item B2, the rezoning request for N. Truckers Drive/The Lennon 208.
We have considered this issue carefully, some of us have toured the area, we have consulted
with local ecologists, the Fayetteville chapter of the Audubon Society, and heard the opinion of
the NW Arkansas land trust. Our conclusions are as follows:
Note that this property (former wet prairie) currently gives the City of Fayetteville these
ecosystem services: 1) flood control (think of it as a big sponge), 2) water purification (the
sponge is a very effective water filter), 3) cooling effects of the plant communities, 4) a carbon
sink, contributing to the city's climate action goals, 5) sediment capture, which protects
downstream creeks, 6) groundwater recharge, and of course 7) habitat protection for the many
endangered amphibians, reptiles, fish, and birds that move through this area including the
Virginia Rail and the endangered Arkansas Darter fish.
This is all part of the Greater Wilson Springs and Clabber Creek ecological community.
The City of Fayetteville went to great lengths along with the NW AR Land Trust to protect Wilson
Springs. Allowing more upstream development will, according to Marson Nance from the land
trust, endanger the quality of the water and negatively impact the flow rate of the water —
endangering the delicate community that depends on these waters. The spring is just
downstream from the land in question.
Development will also impact downstream Clabber Creek, increasing sediment, detrimental
nutrients, and pollution. It will increase the likelihood of more stream bank erosion along the
Creek.
Building on wetlands complicates the construction process, and it leaves future residents
dealing with long term water issues. At least two of the EAC members experience flooding on
their properties and would like to see the City stop encouraging development in areas that are
likely to be impacted by future heavy rain events. One member notes that in her neighborhood
in West Fayetteville (near the Woolsey Wet Prairie) that was built on wet prairie, the residents
are constantly mitigating flooded yards and even houses in big rain events. There are
challenges in building and living on this sort of land that can be avoided. The water table is high
and there's nowhere for the water to go when it arrives in excess.
One of the guiding principles of the City's Vision 2050 is ecosystem preservation. It is
particularly significant that the Truckers Drive property has creeks on two sides, and a cattail
marsh on the third side. It is an integral part of the Wilson Springs ecosystem and should be
protected.
For all of these reasons, we advise the City not to pass zoning that will allow construction on
this property. Instead, we recommend zoning the property R-A (Residential Agriculture) since it
is the option that would provide the greatest ecological benefit consistent with the City's
environmental goals.
Respectfully,
Environmental Action Committee
September 4, 2023
Form v1.33
NVVA
RECEIVED
A WEHCO MEDIA COMPANY
SEP 2 5 2023
Account#: NWCL5004205 CITY OF FAYETTEVILLE
Company: CITY OF FAYETTEVILLE-CLERKS OFFI CITY CLERKS OFFICE
Ad number#: 328858
PO#:
Matter of: ORD 6682
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the Democrat Gazette,a daily newspaper printed
and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during
the publication of the annexed legal advertisement in the matter of:
ORD 6682
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the Democrat Gazette for publication the sum of$85.80.(Includes
$0.00 Affidavit Charge).
NWA Democrat Gazette 09/23/23;NWA nwaonline.com 09/23/23
daA_a_
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 25th day of September,2023
,b`�114 .P'., CATHERINE STAOGS
_.t WT,A .F MY COMMISSION 012402772
CalheA..1'`'�'c)�k ;;. EXPIRES:February 2025
�'rKi•; ,',:r' Washington County
NOTARY PUBLIC
Ordinance:6682
File Number: 2023-952
REZONING-2023-0017:
(N. TRUCKERS DR./THE
LENNON,208):
AN ORDINANCE TO REZONE
THAT PROPERTY DESCRIBED IN RECEIVED
REZONING PETITION RZN 23-
017 LOCATED NEAR NORTH
TRUCKERS DRIVE IN WARD 2
FOR APPROXIMATELY 20.23 SEP 2 5 2023
ACRES FROM RPZD,RESIDEN-
TIAL PLANNED ZONING DIS-
TRICT TO RMF-18,RESIDENTIAL
MULTI-FAMILY, 18 UNITS PER CITY OF FAYETTEVILLE
ACRE CITY CLERK'S OFFICE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville, Arkansas hereby
changes the zone classification
of the property shown on the
map(Exhibit A)and the legal de-
scription (Exhibit B) both at-
tached to the Planning
Department's Agenda Memo
from RPZD,Residential Planned
Zoning District to RMF-18,Res-
idential Multi-Family,18 Units
Per Acre.
Section 2: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
the official zoning map of the
City of Fayetteville to reflect the
zoning change provided in Sec-
tion 1.
PASSED and APPROVED on
September 19,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$85.80
Sept.23,2023 328858