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Home My WebLink About2024-03-12 - Agendas - TentativeCity of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, March 12, 2024 4:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton Pagel of 286 City Council Meeting Tentative Agenda March 12, 2024 ZOOM INFORMATION: 1. WEBINAR ID: 856 7456 4999 PUBLIC REGISTRATION LINK: HTTPS://US06WEB.ZOOM.US/WEBINAR/ REGISTER/WN 96ZG2XNYSKWCT2ARY-8ZPW CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MAYOR'S ANNOUNCEMENTS, PROCLAMATIONS AND RECOGNITIONS CITY COUNCIL MEETING PRESENTATIONS, REPORTS AND DISCUSSION ITEMS 1. NOMINATING COMMITTEE REPORT - COMMITTEE CHAIR 2. MONTHLY FINANCIAL REPORT - CHIEF FINANCIAL OFFICER A. CONSENT A.1. APPROVAL OF THE MARCH 5, 2024 CITY COUNCIL MEETING MINUTES A.2. ARKANSAS HISTORIC PRESERVATION PROGRAM (GRANT ACCEPTANCE): A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT FROM THE ARKANSAS HISTORIC PRESERVATION PROGRAM IN THE AMOUNT OF $40,000.00 FOR THE UNIVERSITY-HASKELL HEIGHTS CONTEXT STUDY AND THE SPOUT SPRING NEIGHBORHOOD CONTEXT STATEMENT, AND TO APPROVE A BUDGET ADJUSTMENT (2024-1782) A.3. YVONNE RICHARDSON COMMUNITY CENTER (DONATION RECOGNITION): A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $20,000.00 REPRESENTING DONATION REVENUE TO THE YVONNE RICHARDSON COMMUNITY CENTER (2024-1748) A.4. MOHAWK LIFTS, LLC. (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF AUTOMOTIVE LIFTS, ADAPTERS AND LIFT COLUMNS FROM MOHAWK LIFTS, LLC. IN THE AMOUNT OF $105,055.34 PLUS ANY APPLICABLE TAXES, FREIGHT CHARGES, INSTALLATION CHARGES AND DELIVERY FEES UP TO City of Fayetteville, Arkansas page 2 Page 2 of 286 City Council Meeting Tentative Agenda March 12, 2024 $7,944.66, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2024-1742) A.5. WHELEN UP -FITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT): A RESOLUTION TO AUTHORIZE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES FROM LOCAL AUTHORIZED DISTRIBUTORS ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026, AND ANY RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (2024-1788) A.6. BID 24-26 JACK TYLER ENGINEERING, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #24-26 AND AUTHORIZE THE PURCHASE OF TWO SUBMERSIBLE PUMPS FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $200,053.30, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES (2024-1797) A.7. BID 24-27 ENVIRONMENTAL TECHNICAL SALES, INC. (PUMP REPLACEMENT): A RESOLUTION TO AWARD BID #24-27 AND AUTHORIZE THE PURCHASE OF A DRAIN PUMP FROM ENVIRONMENTAL TECHNICAL SALES, INC. IN THE AMOUNT OF $37,755.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES (2024-1798) B. PUBLIC HEARING B.1. WEST TRANSMISSION WATERLINE (PUBLIC HEARING) C. UNFINISHED BUSINESS C.1. PERMIT -READY BUILDING DESIGN PROGRAM (AMENDMENT): AN ORDINANCE TO ENACT §166.28 PERMIT -READY BUILDING DESIGN PROGRAM TO PROVIDE FOR THE ESTABLISHMENT OF A PERMIT -READY BUILDING DESIGN PROGRAM AND ASSOCIATED DEVELOPMENT REQUIREMENTS SPECIFIC TO THE PROGRAM'S RESIDENTIAL BUILDINGS, AND TO ESTABLISH AN INITIAL PROGRAM AREA (2024-1741) AT THE MARCH 5, 2024 CITY COUNCIL MEETING, THIS ORDINANCE WAS LEFT ON THE FIRST READING. D. NEW BUSINESS D.1. UDC AMENDMENT §171.13 (PERMIT -READY BUILDING DESIGN PROGRAM): City of Fayetteville, Arkansas page 3 Page 3 of 286 City Council Meeting Tentative Agenda March 12, 2024 AN ORDINANCE TO AMEND §171.13 PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK OF THE UNIFIED DEVELOPMENT CODE TO PROVIDE FOR CHANGES ASSOCIATED WITH THE PERMIT -READY BUILDING DESIGN PROGRAM, AND TO ADJUST THE CALCULATION FOR PAYMENT OF FEES IN LIEU OF SIDEWALK CONSTRUCTION (2024-1813) D.2. PLACEHOLDER - WEST TRANSMISSION WATERLINE (ORDINANCE APPROVAL): PLACEHOLDER FOR THE WEST TRANSMISSION WATER LINE FUNDING ORDINANCE (2024-1728) D.3. DECLARE HOUSING CRISIS / STATE OF EMERGENCY (RESOLUTION): A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE (2024-1811) D.4. ORDINANCE TO AMEND §39.10 WATER AND WASTEWATER DAMAGE CLAIMS (AMENDMENT): AN ORDINANCE TO AMEND §39.10 WATER AND WASTEWATER DAMAGE CLAIMS AND §39.11 DAMAGE CLAIMS OTHER THAN WATER AND WASTEWATER DAMAGE CLAIMS OF THE FAYETTEVILLE CODE TO INCREASE THE AMOUNT OF COMPENSATION THAT THE CITY COUNCIL CAN AWARD (2024-1790) D.5. SHORT-TERM RENTAL (SCHOOL PROXIMITY CONSIDERATION): AN ORDINANCE TO AMEND SUBSECTION (H) OF §163.18 TYPE 2 SHORT- TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER (2024-1787) D.6. SHORT-TERM RENTAL / CONDITIONAL USE PERMIT (NOTIFICATION REQUIREMENTS): AN ORDINANCE TO AMEND SUBSECTION (C) OF §157.05 CONDITIONAL USE PERMIT IN §157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL (2024-1784) D.7. VACATION-2023-0014: (490 W. WILLOUGHBY RD/TERMINELLA, 718): AN ORDINANCE TO APPROVE VAC-2023-14 FOR PROPERTY LOCATED AT 490 WEST WILLOUGHBY ROAD IN WARD 1 TO VACATE A 0.08 ACRE PORTION OF GENERAL UTILITY EASEMENT (2024-1781) City of Fayetteville, Arkansas page 4 Page 4 of 286 City Council Meeting Tentative Agenda March 12, 2024 D.B. VACATION-2024-0002: (N. BOB YOU NKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): AN ORDINANCE TO APPROVE VAC 24-002 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP STREET IN WARD 3 TO VACATE APPROXIMATELY 140 SQUARE FEET OF STREET RIGHT OF WAY (2024-1785) D.9. REZONING-2024-0001: (3006 N. OLD MISSOURI RD./OLD MISSOURI LAND DEVELOPMENT LLC, 253 & 254): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0001 FOR APPROXIMATELY 6.31 ACRES LOCATED AT 3006 NORTH OLD MISSOURI ROAD IN WARD 3 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; NS-G, NEIGHBORHOOD SERVICES GENERAL; AND NC, NEIGHBORHOOD CONSERVATION TO RSF- 18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL (2024-1783) D.10. REZONING-2023-0037: (EAST OF E. 9TH ST. & S. WASHINGTON AVE./DAKOTA DEVELOPMENT LLC, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0037 FOR APPROXIMATELY 1.03 ACRES LOCATED EAST OF EAST 9TH STREET AND SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN (2024-1789) D.11. APPEAL: ADM INISTRATIVE-2024-0001: (S. ED EDWARDS RD, MALLY WAGNON RD, S. HUNT LN - WOODRUFF, KLINE, WANG, WARDEN, DURNING, FARKAS/GREGORY, DURNING & HAMM): umvmm musIII [m kirreZeimma109:ICIF_1»EF_11110]aI:Ia»_101011010 COMMISSION'S DENIAL OF ADM-2024-0001, AND TO AMEND THE MASTER STREET PLAN TO REMOVE AN APPROXIMATELY 1.5 MILE SECTION OF A PLANNED RESIDENTIAL LINK STREET BETWEEN SOUTH MALLY WAGNON ROAD AND SOUTH DEAD HORSE MOUNTAIN ROAD (2024-1791) PROPOSED AGENDA ADDITIONS E. CITY COUNCIL AGENDA SESSION PRESENTATIONS E.1. SALES TAX REPORT - CHIEF FINANCIAL OFFICER AND ENERGY REPORT - ENVIRONMENTAL DIRECTOR F. CITY COUNCIL TOUR G. ANNOUNCEMENTS City of Fayetteville, Arkansas page 5 Page 5 of 286 City Council Meeting Tentative Agenda March 12, 2024 K ADJOURNMENT City of Fayetteville, Arkansas page 6 Page 6 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1782 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Britin Bostick, Long Range Planning/Special Projects Manager FROM: Sherry Griffith, Long Range and Preservation Planner SUBJECT: A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $40,000.00 and to approve a budget adjustment. The grant award is $20,000 for a Multiple Property Documentation Form (MPDF) for the University and Haskell Heights neighborhoods and $20,0000 for a historic context statement for the Spout Spring neighborhood. RECOMMENDATION: City staff recommends acceptance of a Certified Local Government (CLG) Grant from the Arkansas Historic Preservation Program (AHPP) for the 2024 grant year in the amount of $40,000. $20,000 of the grant is for a Multiple Property Documentation Form (MPDF) for the University Heights and Haskell Heights neighborhoods and $20,000 is for a historic context statement for the Spout Spring neighborhood. BACKGROUND: In December of 2023 City Council approved the application for a Certified Local Government Grant (CLG) in the amount of $40,000 from the Arkansas Historic Preservation Program (AHPP). The Council also approved a budget adjustment at that time of $15,000 as a grant match. On February 23, 2024, staff received a letter from AHPP that the full grant amount requested was awarded to the City of Fayetteville. This will provide a total project budget for the Multiple Property Documentation Form (MPDF) of $30,000 and a total project budget for the historic context statement of $25,000. DISCUSSION: A Multiple Property Documentation Form (MPDF) is a valuable tool to nominate groups of related, significant properties organized by the themes, trends, and patterns of history they share. Although the MPDF is a cover document and not a nomination itself, it will serve as a basis for evaluating the eligibility of these properties for the National Register of Historic Places and may be used to nominate and register thematically related historic properties concurrently. The project deliverables are anticipated to support confirming the eligibility of both the University Heights and Haskell Heights neighborhoods and individual structures in the neighborhoods for listing on the National Register of Historic Places. The MPDF is a continuation of the current project to write a historic context statement for the University Heights and Haskell Heights neighborhoods, which began in 2023 with the support of a CLG grant in the amount of $20,000 from AHPP and a $5,000 match from the Fayetteville City Council. A historic context statement is an identification and evaluation of historical development patterns, history, and recognition of historically significant structures or groupings in the survey area. A qualified consultant will Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 7 of 286 complete this work for the Spout Spring neighborhood located directly east and southeast of Fayetteville's downtown. The approximate boundary of the area proposed for the historic context statement project is East Lafayette Street to the north, North Fletcher Avenue and South Wood Avenue to the east, 15th Street to the south, and North College Avenue to the west. A project consultant will prepare a historic context statement for the project area, to include narratives, summaries and characteristics of neighborhood property types and development patterns. The project deliverables are expected to provide research and documentation as background to the proposed establishment of the Spout Spring local historic district and the project will be reviewed with both the Historic District Commission and Black Heritage Preservation Commission. The CLG grant provides funding on a reimbursement basis once the funded project or projects are complete. Since early 2022 the City of Fayetteville has been awarded more than $100,000 in CLG grant funds by AHPP and has successfully completed all grant project requirements. The current grant term begins on March 15, 2024. The City must be under contract for both the Multiple Property Documentation Form (MPDF) project and the historic context statement project by August 15, 2024 and must complete the grant -funded work by September 30, 2025. BUDGET/STAFF IMPACT: Acceptance will add $20,000 to the project budget for the University Heights & Haskell Multiple Documentation Form project budget and $20,0000 to the Spout Spring Historic Context Statement project budget. ATTACHMENTS: SRF (#3), BA (#4), Grant Award Notification (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 8 of 286 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1782 A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $40,000.00 and to approve a budget adjustment. The grant award is $20,000 for a Multiple Property Documentation Form (MPDF) for the University and Haskell Heights neighborhoods and $20,0000 for a historic context statement for the Spout Spring neighborhood. A RESOLUTION TO AUTHORIZE THE ACCEPTANCE OF A CERTIFIED LOCAL GOVERNMENT GRANT FROM THE ARKANSAS HISTORIC PRESERVATION PROGRAM IN THE AMOUNT OF $40,000.00 FOR THE UNIVERSITY-HASKELL HEIGHTS CONTEXT STUDY AND THE SPOUT SPRING NEIGHBORHOOD CONTEXT STATEMENT, AND TO APPROVE A BUDGET ADJUSTMENT WHEREAS, on December 5, 2023, the City Council approved Resolution 274-23 authorizing an application for grants from the Arkansas Historic Preservation Program to complete the University - Haskell Heights Context Study and the development of a context statement for the Spout Spring Neighborhood; and WHEREAS, on February 23, 2024, the City was notified that grant funds in the amount of $40,000.00 have been awarded for these projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to accept a Certified Local Government Grant from the Arkansas Historic Preservation Program in the amount of $40,000.00 for the completion of the University -Haskell Heights Context Study and the development of a context statement for the Spout Spring Neighborhood, and further authorizes the Mayor to execute any documents necessary to receive the funds. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. Page 1 Page 9 of 286 Sherry Griffith Submitted By City of Fayetteville Staff Review Form 2024-1782 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $40,000 and to approve a budget adjustment. The grant award is $20,000 for a Multiple Property Documentation Form (MPDF) for the University Heights and Haskell Heights neighborhoods and $20,0000 for a historic context statement for the Spout Spring neighborhood. Budget Impact: 1010.090.6600-5314.00 General Fund Account Number Fund 32207.2401 AR Historic Preservation Program(CLG Grant) - 32207.2402 Univ/Haskell Heights, Spout Spring Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 30,501.00 $ 14, 802.60 15,698.40 $ 40,000.00 55,698.40 V20221130 Previous Ordinance or Resolution # 274-23 Approval Date: 12/5/2023 Page 10 of 286 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number LONG RANGE PLANNING (634) /Org2 2024 Requestor: Sherry Griffith BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to accept a grant from the Arkansas Historic Preservation Program in the amount of $40,000 and to approve a budget adjustment. The grant award is $20,000 for a Multiple Property Documentation form for the University Heights and Haskell Heights neighborhoods and $20,000 for a historic context statement for the Spout Spring neighborhood. COUNCIL DATE: 3/19/2024 ITEM ID#: 2024-1782 Holly Black 2/29/202q 2:29 PIn RESOLUTION/ORDINANCE Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL Account Number 40,000 40,000 Increase / (Decrease) Expense Revenue Project.Sub# Project Sub.Detl AT v.2024116 Account Name 1010.090.6600-5314.00 20,000 - 32207 2401 EX Professional Services 1010.090.6600-5314.00 1010.090.6600-4302.01 20,000 - - 20,000 32207 32207 2402 EX 2401 RE Professional Services State Grants - Operational 1010.090.6600-4302.01 - 20,000 32207 2402 RE State Grants - Operational I of 1 Page 11 of 286 RE ARKAN SAS H E RI TAG E February 23, 2024 The Honorable Lioneld Jordan Mayor of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 Sarah Huckabee Sanders Governor Shea Lewis Secretary RE: Certified Local Government Grant for Phase II of the University -Haskell Heights Context Study and the Spout Spring Neighborhood Context Statement Dear Mayor Jordan: am pleased to inform you that the City of Fayetteville has been granted $40,000 from the Arkansas Historic Preservation Program to fund the completion of the University -Haskell Heights Context Study and the development of a context statement for the Spout Spring neighborhood. The agency will contact you with details concerning the terms and conditions of this grant. Congratulations and thank you for your commitment to the preservation of historic resources in Arkansas. Sincerely, Scott Kaufman AHPP Director & State Historic Preservation Officer cc: Britin Bostick & Sherry Griffith, Long Range Planning, City of Fayetteville Arkansas Historic Preservation Program 1100 North Street • Little Rock, AR 72201 • 501-324-9150 Ar ka n s a s P res a rva ti o n. co m Page 12 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1748 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Alison Jumper, Director of Parks, Natural Resources and Cultural Affairs Lee Farmer, Recreation Superintendent FROM: Tiffany Hoover, Assistant Recreation Superintendent SUBJECT: A resolution to approve a budget adjustment in the amount of $20,000 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2024 programs offered by the Yvonne Richardson Community Center. RECOMMENDATION: A resolution to approve a budget adjustment in the amount of $20,000 recognizing and allocating a donation from the Friends of Yvonne Richardson Community Center to be used for the 2024 programs offered by the Yvonne Richardson Community Center. BACKGROUND: Friends of YRCC is a non-profit focused on supporting the mission of the YRCC by raising funds for programming costs which in turn, allows the YRCC to offer low cost and no cost opportunities to the disadvantaged youth and families that it traditionally serves. This donation will cover expenses for youth to participate in summer camp, afterschool programming, and other out of school time services. It also supports annual events such as an Easter Egg Hunt and Holiday Bingo. DISCUSSION: Friends of YRCC continues to offer funding support to YRCC programs, as well as community outreach, allowing for participation to take place despite financial barriers that exist among families of the Fayetteville community. Each semester, YRCC routinely serves approximately 35 individuals K-8th grade through its Afterschool program. In addition, YRCC serves 75 individuals K-8th each week for eight weeks in the Summer Fun 4 Kids/Teens Camp. BUDGET/STAFF IMPACT: Recognize YRCC Donations in the amount of $20,000 for 2024 programs offered by the YRCC. ATTACHMENTS: SRF (#3), BA (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 13 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1748 A resolution to approve a budget adjustment in the amount of $20,000 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2024 programs offered by the Yvonne Richardson Community Center. A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $20,000.00 REPRESENTING DONATION REVENUE TO THE YVONNE RICHARDSON COMMUNITY CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, in the amount of $20,000.00 representing donation revenue to the Yvonne Richardson Community Center. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby expresses its sincere appreciation for the donations. Page 1 Page 14 of 286 Tiffany Hoover Submitted By City of Fayetteville Staff Review Form 2024-1748 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/14/2023 PARKS & RECREATION (520) Submitted Date Division / Department Action Recommendation: A resolution to approve a budget adjustment in the amount of $20,000 recognizing and allocating donation revenue from the Friends of YRCC to be used for the 2024 programs offered by the Yvonne Richardson Community Center. Budget Impact: 1010.520.5280-5342.00 General Account Number Fund 33051.1001 Parks & Recreation Donations - YRCC Donations Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 40,195.00 $ 25,541.23 14,653.77 $ 20,000.00 34,653.77 Previous Ordinance or Resolution # Approval Date: V20221130 Page 15 of 286 City of Fayetteville, Arkansas - Budget Adjustment (Agenda) Budget Year Division Adjustment Number PARKS &RECREATION (520) /Org2 2024 Requestor: Alan Bearden BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Budget adjustment requesting to recognize and allocate donation revenue received from Friends of YRCC (FOYRCC) through Southeast Fayetteville Community Center. These funds are to be used for the 2024 YRCC program activities offered by the Yvonne Richardson Community Center. COUNCIL DATE: 3/19/2024 ITEM ID#: 2024-1748 Holly Black 212 612 02 q 7.37 RIn Budget Division Date TYPE: D - (City Council) JOURNAL #: GLDATE: RESOLUTION/ORDINANCE CHKD/POSTED: TOTAL 20,000 20,000 v.2024116 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.520.5280-5342.00 20,000 - 33051 1001 EX Promotionals - Activities 1010.520.5280-4809.00 - 20,000 33051 1001 RE Donations I of 1 Page 16 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: MOHAWK LIFTS LLC (PURCHASE AGREEMENT): RECOMMENDATION: CITY COUNCIL MEMO 2024-1742 A RESOLUTION TO AUTHORIZE THE PURCHASE OF ONE SET OF AUTOMOTIVE LIFTS AND ADAPTERS AND ONE SET OF (6) HEAVY DUTY MOBILE LIFT COLUMNS FROM MOHAWK LIFTS LLC IN THE AMOUNT OF $105,055.34, PLUS ANY ADDITIONAL TAXES, FREIGHT CHARGES, INSTALLATION CHARGES AND DELIVERY FEES UP TO AN ADDITIONAL $7,944.66 OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (013020-MRL). BACKGROUND: The Fleet division is in the middle of a building expansion which will be providing two additional bays. Once completed, this will allow for more room for the additional approved full-time mechanic positions. DISCUSSION: The set of automotive lifts and adapters will allow our offload mechanics to more efficiently perform repairs on the numerous types of offload equipment we have at the City. The heavy-duty mobile lift columns will also allow our fire truck mechanics to raise vehicles up in the air and perform the needed inspections, maintenance and repairs these units require. BUDGET/STAFF IMPACT: This purchase is an approved 2024 CIP request and within budget. ATTACHMENTS: SRF (#3), City of Fayetteville - Combined (#4) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 17 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1742 MOHAWK LIFTS LLC (PURCHASE AGREEMENT): A RESOLUTION TO APPROVE THE PURCHASE OF AUTOMOTIVE LIFTS, ADAPTERS AND LIFT COLUMNS FROM MOHAWK LIFTS, LLC. IN THE AMOUNT OF $105,055.34 PLUS ANY APPLICABLE TAXES, FREIGHT CHARGES, INSTALLATION CHARGES AND DELIVERY FEES UP TO $7,944.66, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE.) ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the purchase of a automotive lifts, adapters, and lift columns from Mohawk Lifts, LLC in the amount of $105,055.34 plus any applicable taxes, freight charges, installation charges, and delivery fees up to $7,944.66, pursuant to a Sourcewell cooperative purchasing contract, for use by the Fleet Operations Division. Page 1 Page 18 of 286 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2024-1742 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/23/2024 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: A RESOLUTION TO AUTHORIZE THE PURCHASE OF ONE SET OF AUTOMOTIVE LIFTS AND ADAPTERS AND ONE SET OF (6) HEAVY DUTY MOBILE LIFT COLUMNS FROM MOHAWK LIFTS LLC IN THE AMOUNT OF $105,055.34, PLUS ANY ADDITIONAL TAXES, FREIGHT CHARGES, INSTALLATION CHARGES AND DELIVERY FEES UP TO AN ADDITIONAL $7,944.66 OF THE ORIGINAL PURCHASE PRICE, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (013020-MRL). 9700.770.1920-5801.00 Account Number 20008.2401 Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Shop Fund Fleet Vehicle Lifts Project Title $ 113,000.00 113,000.00 $ 105,055.34 e. 7,944.66 Previous Ordinance or Resolution # Approval Date: V20221130 Page 19 of 286 MOHAWK LIFTS Vendor: MOHAWK LIFTS LLC PO Box 110, Amsterdam, NY 12010 HUNTER@ MOHAW KLI FTS. CO M 800-833-2006 PREPARED FOR Ross Jackson City of Fayetteville - Fleet Operations 1525 5 Happy Hollow RD Fayetteville, AR 72701 For purchase of GRAY equipment using: Sourcewell Contract # 013020-MRL 04/14/2020 - 04/13/2024 QUOTE NO QUOTE DATE yettville.WPL5190.021424-Combine 2/14/2024 Freight Terms: Payment Terms: Lead Time: FOB Destination, Prepaid Net 30 10-25 Business Days ARO Good Through: April, 13 2024 PART # DESCRIPTION CITY LIST PRICE CONTRACT PRICE TOTAL WPLS-190, set of 6 6 - 24 volt units, 114,000 lb capacity mobile column lift 1 $ 87,224.00 $ 77,831.72 $ 77,831.72 009-010-075 System IA - 10,0001b Cap 2-Post 1 $ 14,000.00 $ 11,805.39 $ 11,805.39 601-440-018 Weight Indicating Pressure Gauge (A7/SYS-IA/LC-12) 4" Diameter 1 $ 215.00 $ 181.30 $ 181.30 009-012-001 Turf Kit with Dual Trough, 7,000 Ibs Max Capacity -SYS-IA 1 $ 5,865.00 $ 2,952.00 $ 2,952.00 Installation Installation (Bolt Down & Training) 1 $ 2,952.00 $ 2,952.00 $ 2,952.00 All quoted equipment has been Competitively Bid and Competitively Awarded Subtotal on Sourcewell Contract # 013020-MRL, and is Guaranteed Best government pricing. NOTES: Sales Tax (if applicable) TOTAL Click here for Mohawk Lifts LLC's W-9: www.mohawklifts.com/Mohawk-W9 This quotation is subject to the terms and conditions noted on the following page $ 95,722.41 $ 9,332.93 $ 105,055.34 V8.23 Page 20 of 286 TERMS AND CONDITIONS 1) This order is subject to the standard terms and conditions of the above named contract and the corresponding master agreement, which are hereby incorporated by reference and accessible at www.govlifts.com. 2) The quoted prices have been competitively bid and awarded and are guaranteed to be the lowest government prices. 3) Electrical and compressed air connections to equipment are not included on this quotation. Any required concrete or electrical work is to be supplied by an outside contractor or the buyer and is not included in this quote. 5) The buyer is responsible for inspecting all products at the time of delivery and before signing the delivery receipt, freight bill, or bill of lading. Should the buyer determine at the time of delivery that any items are damaged or missing the buyer must note the item, discrepancy, or condition on the delivery receipt, freight bill, or bill of lading. Mohawk is not responsible for missing or damaged products when the buyer has signed the delivery receipt, freight bill, or bill of lading in good condition. 6) A fork truck must be supplied at the offload site to unload the equipment from the freight carriers, if applicable. 7) Price does not include sales tax (unless applicable), duties, brokerage, or any other fees. 8) Any and all permits, licenses, fees, etc. are the buyers responsibility Quote # Fayettville.WPLS190.021424-Combined Name: Address Contact: Phone: Email: To place your order using this quotation, please fill in the following required information: V8.23 BILLING INFORMATION SHIPPING INFORMATION City of Fayetteville Arkansas Name: Fleet Operations 113 West Mountain Street Address: 1525 Happy Hollow Road Fayetteville Arkansas 72701 Fayetteville Arkansas 72701 Attn: Accounts Payable Contact: Ross Jackson 479-575-8281 Phone: 479-879-6221 N/A Email: rjackson@fayetteville-ar.gov Acknowledged and Accepted by: Authorized Buyers Name (PRINT) Authorized Buyers Signature Title Date Phone Email Remit orders to: MOHAWK LIFTS LLC PO Box 110, Amsterdam, NY 12010 H U NTE R tcD M O H A W K LI FTS. CO M Fax: 518-842-1289 Page 21 of 286 CITY OF CITY COUNCIL MEMO FAYETTEVILLE ARKANSAS 2024-1788 MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council THRU: Terry Gulley, Asst Public Works Director - Ops FROM: Ross Jackson, Jr., Fleet Operations Superintendent SUBJECT: WHELEN UPFITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT): RECOMMENDATION: APPROVE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES THROUGH LOCAL AUTHORIZED DISTRIBUTORS PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (090122-WHL) ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026 AND ANY ADDITIONAL RENEWALS. BACKGROUND: Fleet routinely needs to purchase and install additional lighting and electronics for front line operation of departmental vehicles. This up -fitting allows for increased visibility for City of Fayetteville employees and the public's safety. DISCUSSION: Fleet is recommending approval and fleet standardization of Whelen lights and electronics. Fleet has had both - in -house training and are currently using diagnostic software to install, program and repair these systems. BUDGET/STAFF IMPACT: The purchase of these parts are budgeted in the shop fund. ATTACHMENTS: SRF (#3) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 22 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1788 WHELEN UPFITTING PARTS AND ACCESSORIES (PURCHASE AGREEMENT): A RESOLUTION TO AUTHORIZE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES FROM LOCAL AUTHORIZED DISTRIBUTORS ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026, AND ANY RENEWAL PERIODS, PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of Whelen up -fitting parts and accessories from local authorized distributors on an as -needed basis through November 7, 2026, and any renewal periods, pursuant to a Sourcewell cooperative purchasing contract. Page 1 Page 23 of 286 Ross Jackson Submitted By City of Fayetteville Staff Review Form 2024-1788 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2024 FLEET OPERATIONS (770) Submitted Date Division / Department Action Recommendation: APPROVE THE PURCHASE OF WHELEN UP -FITTING PARTS AND ACCESSORIES THROUGH LOCAL AUTHORIZED DISTRIBUTORS PURSUANT TO A SOURCEWELL COOPERATIVE PURCHASING CONTRACT (090122-WHL) ON AN AS NEEDED BASIS THROUGH NOVEMBER 7, 2026 AND ANY ADDITIONAL RENEWALS. Budget Impact: 9700.770.1910-5214.00 Shop Account Number Fund NA NA Project Number Budgeted Item? Yes Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,152,500.00 $ 156,660.09 a 995,839.91 S 995,839.91 Previous Ordinance or Resolution # Approval Date: V20221130 Page 24 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 24-26 Jack Tyler Engineering — Noland IPS Pumps RECOMMENDATION: 2024-1797 Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible non -clog wastewater pumps for the influent pump station at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. BACKGROUND: The Noland Water Resource Recovery Facility (WRRF) has six (6) submersible pumps at its influent pump station (IPS). All the pumps are currently operational, but staff has the pumps on a CIP replacement schedule to replace 2 pumps per year for the next 3 years. The Noland influent pump station is extremely critical, and it's within the City's best interest to replace these pumps before they fail or have issues due to old age. DISCUSSION: The City solicited formal bids for this replacement pump per Bid 24-26, and Jack Tyler Engineering was the only bidder that met all the specifications and requirements. Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible pumps for the Noland influent pump station from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. This purchase will replace two of the six influent pumps to ensure the Noland influent pump station stays fully operational. Freight is estimated at $2,000.00 for both pumps, and taxes are estimated at $19,700.20 for a total estimated cost of $221,753.50. BUDGET/STAFF IMPACT: Funds are available in the WWTP Plant Pumps and Equipment account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 24-26, Bid Tab - Final (#4), Bid 24-26, Submittal - Jack Tyler Engineering - E (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 25 of 286 _= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1797 Bid 24-26 Jack Tyler Engineering — Noland IPS Pumps A RESOLUTION TO AWARD BID #24-26 AND AUTHORIZE THE PURCHASE OF TWO SUBMERSIBLE PUMPS FROM JACK TYLER ENGINEERING, INC. IN THE AMOUNT OF $200,053.30, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-26 and authorizes the purchase of two submersible non -clog wastewater pumps from Jack Tyler Engineering, Inc. in the amount of $200,053.30, plus any applicable taxes and freight for use at the Noland Water Resource Recovery Facility. Page 1 Page 26 of 286 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1797 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 24-26 and authorizing the purchase of two submersible non -clog wastewater pumps for the influent pump station at the Noland Water Resource Recovery Facility from Jack Tyler Engineering, Inc. in the amount of $200,053.30 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02069.1 WWTP Plant Pumps and Equipment Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,622,210.00 $ 169,396.99 Is 1,452,813.01 $ 221,753.50 1,231,059.51 Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $2,000.00 for both pumps, and taxes are estimated at $19,700.20 for a total estimated cost of $221,753.50. V20221130 Page 27 of 286 CITY OF FAYETTEVILLE ARKANSAS BID TABULATION Bid 24-26, Noland IPS Pump DEADLINE: Tuesday, February 27, 2024 at 2:00 PM JACK TYLER ENGINEERING INC TOTAL $200,053.30 Line # Description CITY UOM Unit 1 I Submersible Non -Clog Wastewater Pump 1 2 1 EA $100,026.65 ZJ2-1 12 Kenny Fitch, Purchasing ala-7laq Beilfuss, Sr. Page 28 of 286 CITY OF _ FAYETTEVILLE ARKANSAS Bid 24-26 Addendum 1 JACK TYLER ENGINEERING INC JACK TYLER ENGINEERING INC Supplier Response Event Information Number: Bid 24-26 Addendum 1 Title: Noland IPS Pump Type: Invitation to Bid Issue Date: 2/4/2024 Deadline: 2/27/2024 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) submersible non -clog wastewater pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville-ar.gov or by calling (479) 575- 8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 Page 29 of 286 JACK TYLER ENGINEERING INC Information Address: 6301 S. University LITTLE ROCK, AR 72209 Phone: (501) 562-2296 Fax: (501) 562-4273 Toll Free: (800) 562-2296 Web Address: jteng.com By submitting your response, you certify that you are authorized to represent and bind your company. Mariah Qualls mariah.garcia895@gmail.com Signature Email Submitted at 212612024 03:24:40 PM (CT) Requested Attachments Bid 24-26, Bid Form and Signature Pages Bid Submission.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Response Attachments 022624KCA - Noland IPS Quote.pdf Scope of Supply Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 2 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑✓ Yes ❑ No 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. 2 1 agree Bid Lines Page 2 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 Page 30 of 286 1 Submersible Non -Clog Wastewater Pump Quantity: 2 UOM: EA Price: $100,026.65 Total: $200,053.30 Supplier Notes: I Price is each as per UOM, total for both is $200,053.30 Response Total: $200,053.30 Page 3 of 3 pages Vendor: JACK TYLER ENGINEERING INC Bid 24-26 Addendum 1 Page 31 of 286 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 INVITATION TO BID: Bid 24-26, Noland IPS Pump DEADLINE: Tuesday, February 27, 2024 before 2:00 PM, Local Time PURCHASING AGENT: Kenny Fitch, kfitch@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 02/04/2024 INVITATION TO BID Bid 24-26 Noland IPS Pump No late bids will be accepted. Bids shall be submitted in one of the following methods: (1) through the City's third -party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Purchasing Division. Submitting through the City's electronic bidding platform is strongly encouraged. City of Fayetteville Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Division. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 1 of 16 Page 32 of 286 City of Fayetteville Bid 24-26, Noland IPS Pump Advertisement City of Fayetteville, Arkansas INVITATION TO BID Bid 24-26, Noland IPS Pump Bid 24-27, Aeration Basin Drain Pump The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) submersible non -clog wastewater pump and one (1) horizontal grip pump. These bids are for the purchase of equipment only; insta,lation will be the responsibility of the City. Pumps are bid separately. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville-ar.gov or by calling (479) 575-8258. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.favetteville-ar.gov/bids. All beds shall be received by Tuesday, February 27 2024 before 2:00 PM, Local Time utilizing the electronic bidding software or by submitting a sealed phys'cal bid to the City of Fayetteville, Purchasing Division address listed below. All bids are due before the time stated. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https://www.youtube.com/user/cityoffgyetteviIlear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. City of Fayettev;lle Purchasing Division — Room 306 113 West Mountain Street Fayetteville, AR 72701 Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service shall be registered with the Arkansas Secretary of State before the bid deadline. The City of Fayetteville reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Kenny Fitch, Purchasing Agent P: 479.575.8258 kfitch fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 02/04/2024 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $XXX.XX. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 2 of 16 Page 33 of 286 City of Fayetteville Bid 24-26, Noland IPS Pump Required Bid Form — Bid Signature & Online Submittal Reqirements EXECUTION OF BID: All bidders shall submit this section, executed and completed in full by an authorized agent of the bidder. Bidders shall also complete submission through the City's online bidding portal (www.fayettevilie-ar, ov/bids) and complete and submit all required information, which may include: • Bid Attributes • Bid Line Items — Bidders shall bid on all line items and not submit partial bids • Response Attachments o Required Bid Form (this form, completed in its entirety) Actual specification of any deficient item shall be noted on the bid sheet or separate attachment. If specifications of item bid differ from provided literature, deviation shall be documented and certified by the manufacturer as a regular production option. PRICE: Bidders shall submit pricing on the City's online bidding portal (www.fayetteville-ar.gov/bids) in the format presented online. Refer to the City's electronic bidding platform to submit bid pricing electronically. Contact the City Purchasing Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City's online bidding portal. Upon signing this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this proposal, including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit(s) bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. City of Fayetteville, AR Bid 24 26, Noland iPS Pump Page 3 of 16 Page 34 of 286 4. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 5. Bidder, as an officer of their organization, or per the attached letter of authorization, is duly authorized to certify the information provided herein is accurate and true. 6. Bidder shall comply with all State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 7. Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Response shall disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If no relationship exists, this should also be stated in your response. Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result of your response. 1.) NO KNOWN RELATIONSHIP EXISTS 2.) RELATIONSHIP EXISTS (Please explain): 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 — Subpart P — Excavations. 9. As s bidder on this project, you are required to provide debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. a. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Your signature below certifies that neither you nor your principal is presently debarred, suspended, proposed for debarment, declared ineligib e, or voluntarily excluded from participation in this transaction by any federal department or agency_ City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 4 of 16 Page 35 of 286 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: J LL Kl< I X eviU lyi ri Vl _ Purchase Of *D/B/A or Corporation Name JO,K rt\1(. r 6-10; sha// be issued to this name *BUSINESS ADDRESS: *CITY: l *STATE: *ZIP: 7I�Zix1 *PHONE: G7101- c��7.' Z?A(,e FAX: *E-MAIL: (,tll ,f�Xl Cowl *BY: (PRINTED NAME) Mariak, 6AW)JS *AUTHORIZED SIGNATURE: *TITLE: UNIQUE ENTITY NUMBER: r *TAX ID NUMBER: Acknowledge Addendums: Addendum No. i Addendum No, Addendum No. Addendum No. CAGE NUMBER: Dated: 2-1 02 Acknowledged Dated: Dated: Dated: C.ty of Fayettevdle, AR Bid 24 26, Noland IPS Pump Page S of 16 Acknowledged by: Acknowledged by: Acknowledged by: Page 36 of 286 City of Fayetteville Bid 24-26, Noland IPS Pump General Terms and Conditions 1. SUBMISSION OF BID & BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Purchasing Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Purchasing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. Submitting a bid electronically is strongly encouraged. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed at https:/Iwww.youtube.com/user/cityoffayettevillear. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of proposer's technical equipment. d. The City will not be responsible for misdirected bids. Bidder should call the Purchasing Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Purchasing Division Office. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Purchasing Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at feast equal quality, City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 6 of 16 Page 37 of 286 size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract with the City". b. All bidders shall promptly notify Kenny Fitch, City Purchasing Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder's judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF PROPOSAL: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Purchasing Division. 8. LATE PROPOSAL OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 7 of 16 Page 38 of 286 9. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 12. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. 13. CITY INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 8 of 16 Page 39 of 286 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a proposal on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 9 of 16 Page 40 of 286 delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 10 of 16 Page 41 of 286 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder, whether intentional or otherwise, will constitute grounds for rejection of such response. Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder's response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE The successful bidder shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. Certificates of insurance are to be addressed to the City of Fayetteville, showing that the contractor carries the following insurance which shall be maintained throughout the term of the bid. Any work sublet; the contractor shall require the subcontractor similarly to provide the same insurance coverage. In case any employee engaged in work on the project is not protected under Workers' Compensation, the Contractor shall provide, and shall cause each subcontractor to provide, adequate employer's liability'nsurance for the protection of such of his employees as are not otherwise protected. Workers' Compensation: Statutory Amount Comprehensive General & Automotive Liability: $250,000 each person $500,000 aggregate Property Damage Liability: $100,000 aggregate 26. OTHER GENERAL CONDITIONS: Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales taxshOnotbeinciudedin thebidprice. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. d. Bidders must provide the City with their bids signed by an employee having legal authority to submit City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 11 of 16 Page 42 of 286 bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Bidder in responding to this solicitation is at the bidder's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Bidder for any expense so incurred, regardless of whether or not the submittal is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. NOTE: Any uncertainties shall be brought to the attention to Kenny Fitch immediately via telephone (479.575.8258) or e-mail (kfitch@fayetteyille-ar.gov). it is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Kenny Fitch, City of Fayetteville, Purchasing Agent via e-mail (kf;tch@fayetteville-ar.gov) or telephone (479.575.8258). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder in the preparation of proposals necessary to properly respond to this bid. The bid is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements but is not intended to limit a bid's content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. m. The successful bidder's attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of ail authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful b'dder shall keep himself/herself fully informed of all laws, C'ty of Fayettevi,:e, AR B d 24-26, Noland IPS Pump Page 12 of 16 Page 43 of 286 ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 27. ATTACHMENTS TO BID DOCUMENTS: N/A City of Fayetteville, AR Bid 24-26, Noland iPS Pump Page 13 of 16 Page 44 of 286 City of Fayetteville Bid 24-26, Noland IPS Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATIONS" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a.), bidder shall write a "check mark' or write "ryes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can result in bidder DISQUALIFIG4 T/ON. Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met nr not. 1. GENERAL- 1.1 It is the intent of the following specifications to describe a submersible non -clog wastewater pump. 1.2 All unit(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 Unit(s) bid shall be new and of the latest standard production model as offered for commercial trade. 1.5 A list containing a minimum of three (3) users/references shall accompany this bid to qualify as a responsible bidder. Listing shall contain company, primary contact name, e-mail, phone number, and date of purchase. Users/references shall have had similar equipment purchased within the past five (S) years. 2. MANUFACTURER/MODEL- 2.1 General: a. Pump shall be equipped with a 70HP submersible electric motor, connected for operation on 460 volts, 3 phase, 60 hertz, single wire service, with 50 feet of submersible cable (SUBCAB) suitable for submersible pump applications. b. ✓ The power cable shall be sized according to NEC and ICEA standards and meet with P- MSHA approval. c. ✓ The cable entry seal design shall preclude specific torque requirements to insure a watertight and submersible seal. d. ✓ Pump shall be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seal sets, each having an independent spring. e. ✓ The integral pump/motor shaft shall rotate on two bearings. f. ✓ The pump and motor shaft shall be a single piece unit. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 14 of 16 Page 45 of 286 g. The impeller shall be of at least 25% chrome cast iron, dynamically balanced, semi -open, multi -vane, back swept, screw -shaped, non -clog design. 3. TECHNICAL SPECIFICATIONS- 3.1 Pum a. Pump shall be capable of delivering 4950 GPM at 41.7 FT. TDH. b. / Pump shall be capable of operating in a continuous non submerged condition, a vertical position in a dry pit installation, permanently connected to inlet and outlet pipes. c. ✓ Pump shall be of submersible construction and will continue to operate satisfactorily should the dry pit be subjected to flooding. d. ,/ Pump shall include an inlet elbow and pump stand. Inlet elbow shall have an inspection cover. e. ✓ Major pump components shall be of grey cast iron, ASTM A-48, Class 356, with smooth surfaces devoid of blow holes or other irregularities. f.The lifting handle shall be stainless -steel. g.�All exposed nuts or bolts shall be stainless -steel. h.v' All metal surfaces exposed to the sewage, other than stainless steel or brass, shall be protected by a factory applied spray coating of a polyester resin paint finish on the exterior of the pump. i. ,/ Sealing design shall incorporate metal -to -metal contact between machined surfaces. j.— Critical mating surfaces where watertight sealing is required shall be machined and fitted with Nitrile rubber O-rings. 3.2 Motor: a. Unit shall be provided with an integral motor cooling system. b. The pump motor shall be a NEMA B design, induction type with a squirrel cage rotor, shell type design, housed in an air filled, watertight chamber. c. ✓ The stator windings shall be insulated with moisture resistant Class H insulation rated for 180°C (356°F). d. L/ The stator shall be insulated by the trickle impregnation method using Class H monomer free polyester resin resulting in a winding fill factor of at least 95%. e.�_ The motor shall be inverter duty rated in accordance with NEMA MG1, Part 31. f.The stator shall be heat -shrink fitted into the cast iron stator housing. The use of multiple step dip and bake -type stator insulation process is not acceptable. The use of pins, bolts, screws or other fastening devices used to locate or hold the stator and that penetrate the stator housing are not acceptable. g. ✓ The motor shall be designed for continuous duty while handling pumped media of up to 104°F. h. ✓ The motor shall be capable of no less than 30 evenly spaced starts per hour. i.The rotor bars and short circuit rings shall be made of aluminum. j.The rotor bars and short circuit rings shall be made of aluminum. k.Three thermal switches shall be embedded in the stator end coils, one per phase winding, to monitor the stator temperature. These thermal switches shall be used in conjunction with and supplemental to external motor overload protection and shall be connected to the motor control panel. I.The junction chamber shall be sealed off from the stator housing and shall contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp -type connectors is not City of Fayetteville, AR Bid 24 26, Noland IPS Pump Page 15 of 16 Page 46 of 286 acceptable. M. ✓ The motor and the pump shall be produced by the same manufacturer. n.The motor service factor (combined effect of voltage, frequency and specific gravity) shall be 1.15. o. ✓ The motor shall have a voltage tolerance of +/-10%. p.The motor shall be designed for continuous operation in up to a 40°C ambient and shall have a NEMA Class B maximum operating temperature rise of 80°C. q.A motor performance chart shall be provided upon request exhibiting curves for motor torque, current, power factor, input/output kW and efficiency. The chart shall also include data on motor starting and no-load characteristics. r.. Motor horsepower shall be sufficient so that the pump is non -overloading throughout its entire performance curve, from shut-off to run -out. s. J The motor and cable shall be capable of continuous submergence underwater without loss of watertight integrity to a depth of 65 feet or greater. 3.3 Volute / Suction Cover a.The pump volute shall be a single piece grey cast iron, ASTM A-48, Class 35B, non - concentric design with smooth passages of sufficient size to pass any solids that may enter the impeller. b. Minimum inlet and discharge size shall be as specified. c.�L The volute shall have a replaceable suction cover insert ring in which are cast spiral - /shaped, sharp -edged groove(s). d. ✓ The spiral groove(s) shall provide trash release pathways and sharp edge(s) across which each impeller vane leading edge shall cross during rotation so to remain unobstructed. e. ✓ The insert ring shall be cast of at least 25% chrome cast iron and provide effective sealing between the multi -vane semi -open impeller and the volute housing. 3.4 Prote ion a. rThe motor shall be protected by three bi-metal Thermal switches for thermal control of the stator. b. ✓ There shall be one float switch in leakage chamber to monitor leakage in the leakage chamber. c. ✓ There shall be one float switch in the terminal connection housing to monitor any leakage thru the cables and the cable entries. 3.5 Warranty a. ✓ Warranty shall begin at the time the pump is installed. b. ✓ Pump shall be provided with prorated a 60-month (5 year) warranty against defects in materials and or workmanship. c. ✓ The warranty shall be the latest revision in printed form and previously published as the manufacturer's standard warranty for all similar manufactured units. d. ✓ A certificate shall be provided to the City of Fayetteville with the local contact information and effective start-up date. City of Fayetteville, AR Bid 24-26, Noland IPS Pump Page 16 of 16 Page 47 of 286 Bid 24-26, Addendum 1 IVDate: Tuesday, February 6, 2024 To: All Prospective Vendors From: Kenny Fitch - 479.57S.8258 — kfitch@favetteville-ar,gov RE: Bid 24-26, Noland IPS Pump CITY OF FAYETTEVILLE ARKANSAS This addendum is hereby made apart of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERSSHALL ACKNOWLEDGE THISADDENDUM ON THE DESIGNATED LOCATION ON THEM FORM. • QUANTITY UPDATE: o The number of pumps being requested with this bid is increased to two (2) total pumps. The pumps shall be identical. The Line Item has been updated to reflect the additional quantity. City of Fayetteville, AR Bid 24-26, Addendum 1 Page 111 Telecommunications Device for the Deaf TDD (479f 521 1316 113 West Mountain - Fayetteville, AR 72701 Page 48 of 286 Page 49 of 286 JACK TYLER ENGINEERING INCORPORATED Monday, February 26, 2024 TO: City of Fayetteville SUBJECT: Noland IPS Budget Quote QUOTATION: 022624KCA — Noland IPS Jack Tyler Engineering, Inc. is pleased to offer the following item referenced project. If you wish for us to supply any items not IIStE possible. Please continue reading below for our detailed scope o YOU. SECTION 1 — Pump Station Equipment Qty Description 2 Flygt 3301 Pump, NT626-12" Discharge 70HP, 46C 2 MiniCAS Relay with Socket 2 Inlet Elbow DN350x16" ANSI Cl 2 NT Vertical Dry Installation Stand 1 Freight DELIVERY: 16 - 18 Weeks, After Approved Submittals PACKAGE PRICE: $200,053.30 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRIC Respectfully Submitted, Kammi Conway Applications Engineer, Municipal Aftermarket Jack Tyler Engineering, Inc ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave, Little Rock, AR 72209 PH: (501) S62.2296 wwwJteng.cor Page 51 of 286 JACK TYLER ENGINEERING INCORPORATED Monday, February 26, 2024 TO: City of Fayetteville SUBJECT: Noland IPS Budget Quote QUOTATION: 022624KCA — Noland IPS Jack Tyler Engineering, Inc. is pleased to offer the following items for your inclusion in the above referenced project. If you wish for us to supply any items not listed below, please inform us as soon as possible. Please continue reading below for our detailed scope of supply. We look forward to working with you. SECTION 1 — Pump Station Equipment Qty Description 2 Flygt 3301 Pump, NT626-12" Discharge 70HP, 460V, 3Ph 2 MiniCAS Relay with Socket 2 Inlet Elbow DN350x16" ANSI Cl 2 NT Vertical Dry Installation Stand 1 Freight DELIVERY: 16 - 18 Weeks, After Approved Submittals PACKAGE PRICE: $200,053.30 APPLICABLE TAXES ARE NOT INCLUDED IN QUOTED PRICE Respectfully Submitted, Kammi Conway Applications Engineer, Municipal Aftermarket Jack Tyler Engineering, Inc. ENGINEERED SOLUTIONS FROM PEOPLE WHO CARE 6301 S University Ave, Little Rock, AR 72209 PH: (501) 562.2296 www.jteng.com Page JACK TYLER ENGINEERING, INCORPORATED 6301 S. UNIVERSITY AVENUE, LITTLE ROCK, ARKANSAS 72209 (501) 562-2296 • FAX (501) 562-4273 • ARKANSAS WATS 1-800-562-2296 STATEMENT OF TERMS AND CONDITIONS TERMS/PAYMENTS: Our terms of payment are net cash 15 days from date of the invoice subject to Seller's prior credit approval. If the Buyer shall fail to make any payments in accordance with the terms and conditions of sale, the Seller, in addition to its other rights and remedies, but not in limitation thereof, may, at its option, without prior notice, cancel this order as to any undelivered products or defer shipments or deliveries hereunder, or under any other agreement between Buyer and Seller, except upon Seller's receipt of cash before shipment or such security as Seller considers satisfactory. Seller reserves the right to impose an interest charge of 16%on the balance of each invoice not paid on its due date for the period from the due date to the date of receipt of payment by Seller. In the event Buyer's failure to make timely payments to Seller results in Seller incurring additional costs, including but not limited to collection expenses and attorneys' fees, said costs shall be added to the amount due Seller from Buyer. Buyer shall have no right to any discount or retainage and shall not withhold payment as a set-off on Seller's invoice in any amount. Visa, MasterCard, Discover, and American Express credit card purchases are accepted. SHIPMENT: The date of shipment is subject to our receiving your order with complete information at our office, final approval of any prints or drawings as may be required, credit approval, and the acceptance of your order by the company. Freight Charges are not included in the quoted price. EXPIRATION: Quotation expires 30 days from the date of proposal and, in the interim, is subject to change without notice. TAXES: Unless otherwise stated in the proposal, the prices quoted herein are exclusive of all sales, use and similar taxes and, wherever applicable, such taxes will be added to the invoice as separate items. RETURNS/REFUNDS: Items wished to be returned are subject to prior approval and must be accompanied by a Return Merchandise Authorization (RMA). Items returned without proper approval and/or paperwork will be returned to the customer at their expense. Returns past 30 days of initial receipt will not be accepted. All returned items are subject to a restocking fee. The customer's credit will be equal to the credit Jack Tyler Engineering, Inc. receives from the vendor, minus orginal freight and freight back to the vendor. Please note that all items must be returned to JTEI, who will return the item to the vendor. Credit will only be issued once JTEI receives credit from the vendor. SPECIAL NOTE: THIS PROPOSAL IS BASED ON CURRENT PRICES. EQUIPMENT IS SUBJECT TO THE SAME PERCENTAGE INCREASE AS MADE BY OUR SUPPLIERS AND THE INVOICE WILL REFLECT PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS SPECIFICALLY EXCEPTED. WE WILL NOT ACCEPT RETAINAGE ON ANY OF OUR INVOICES! ***** A $50.00 minimum order charge will apply ***** WARRANTY: "The products sold by Jack Tyler Engineering, Inc. hereunder are manufactured by others, and the only warranties that apply to these products are those of the manufacturer of the products which can be passed on by Jack Tyler Engineering, Inc. to its customers. No other warranty of any kind is given in connection with the sale of any of the above products, and JACK TYLER ENGINEERING, INC. MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO ANY OTHER MATTER RESPECTING THESE PRODUCTS. Jack Tyler Engineering, Inc. shall not be liable in connection with the sale of the above products for any incidental or consequential damages of any kind." An electronic copy of the latest version is available online at www.jteng.com. Form No. 41-1 Rev. 07 - 07/12/19 Page 53 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 24-27 Environmental Technical Sales — Noland Aeration Drain Pump RECOMMENDATION: 2024-1798 Staff recommends awarding Bid 24-27 and authorizing the purchase of a drain pump for the aeration basin at the Noland Water Resource Recovery Facility from Environmental Technical Sales, Inc. in the amount of $37,755.00 plus applicable taxes and freight charges. BACKGROUND: The Noland Water Resource Recovery Facility (WRRF) has one single drain pump for the aeration basin. It is part of the original treatment plant and has been out of operation for a few years. Staff have used portable pumps when needed, but the original aeration basin pump needs to be replaced so that there is a permanent pumping capability for the aeration basin. DISCUSSION: The City solicited formal bids for this replacement pump per Bid 24-27, and Environmental Technical Sales, Inc. was the lowest bidder that met all the specifications and requirements. Staff recommends awarding Bid 24-27 and authorizing the purchase of a drain pump for the Noland aeration basin from Environmental Technical Sales, Inc. in the amount of $37,755.00 plus applicable taxes and freight charges. This purchase will replace the original drain pump for the aeration basin, so operations staff don't have to use portable pumps. Freight is estimated at $1,000.00, and taxes are estimated at $3,778.61 for a total estimated cost of $42,533.61. BUDGET/STAFF IMPACT: Funds are available in the WWTP Plant Pumps and Equipment account within the Water & Sewer fund. ATTACHMENTS: SRF (#3), Bid 24-27, Bid Tab - Final (#4), Bid 24-27, Submittal - Environmental Technical Sales - E (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 54 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1798 Bid 24-27 Environmental Technical Sales — Noland Aeration Drain Pump A RESOLUTION TO AWARD BID #24-27 AND AUTHORIZE THE PURCHASE OF A DRAIN PUMP FROM ENVIRONMENTAL TECHNICAL SALES, INC. IN THE AMOUNT OF $37,755.00, PLUS ANY APPLICABLE TAXES AND FREIGHT CHARGES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #24-27 and authorizes the purchase of a drain pump from Environmental Technical Sales, Inc. in the amount of $37,755.00 plus any applicable taxes and freight charges, for use at the Noland Water Resource Recovery Facility. Page 1 Page 55 of 286 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1798 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 WASTEWATER TREATMENT (730) Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 24-27 and authorizing the purchase of a drain pump for the aeration basin at the Noland Water Resource Recovery Facility from Environmental Technical Sales, Inc. in the amount of $37,755.00 plus applicable taxes and freight charges. Budget Impact: 5400.730.5800-5801.00 Water & Sewer Account Number Fund 02069.1 WWTP Plant Pumps and Equipment Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Project Title $ 1,622,210.00 $ 391,150.49 Is 1,231,059,51 $ 42,533.61 1,188,525.90 Previous Ordinance or Resolution # Approval Date: Comments: Freight is estimated at $1,000.00, and taxes are estimated at $3,778.61 for a total estimated cost of $42,533.61. V20221130 Page 56 of 286 II CITY OF FAYETTEV I LLE ARKANSAS BID TABULATION Bid 24-27, Aeration Basin Drain Pump DEADLINE: Tuesday, February 27, 2024 at 2:00 PM Environmental Technical Sales JACK TYLER ENGINEERING INC TOTAL $37,755.00 $48,350.65 Line # Description CITY UOM Unit Unit 1 Single Staee Horizontal Grit Pump 1 EA $37,755.00 $48,350.65 k ZI�2�7Iz ny Fitch, Purchasing Agent Agent Page 57 of 286 CITY OF VA FAYETTEVILLE ARKANSAS Bid 24-27 Addendum 1 Environmental Technical Sales Environmental Technical Sales, Inc. Supplier Response Event Information Number: Bid 24-27 Addendum 1 Title: Aeration Basin Drain Pump Type: Invitation to Bid Issue Date: 2/4/2024 Deadline: 2/27/2024 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids from qualified vendors for the purchase of one (1) horizontal grit pump. This bid is for the purchase of equipment only; installation will be the responsibility of the City. Any questions concerning the bidding process should be directed to Kenny Fitch, City of Fayetteville Purchasing Agent, at kfitch@fayetteville- ar.gov or by calling (479) 575-8258. Contact Information Contact: Kenny Fitch Purchasing Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: kfitch@fayetteville-ar.gov Page 1 of 3 pages Vendor: Environmental Technical Sales Bid 24-27 Addendum 1 Page 58 of 286 Environmental Technical Sales Information Contact: Melissa Clouatre Address: 7731 Office Park Blvd. Baton Rouge, LA 70809 Phone: (225) 295-1200 Email: mclouatre@etec-sales.com Web Address: www.etec-sales.com By submitting your response, you certify that you are authorized to represent and bind your company. Chad Cooley Signature Submitted at 212712024 12:33:28 PM (CT) Requested Attachments Bid 24-27, Bid Form and Signature Pages ccooley@etec-sales.com Email ETEC_Bid HaywardGordon Pump 2-27-24.pdf Please attach your signed, completed form. This can be found in the 'Attachments' tab. Bid Attributes 1 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. 1Z Yes ❑ No 2 Check Yes or No: Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. ❑� Yes ❑ No 3 Addendum Acknowledgement: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. ❑✓ 1 agree Bid Lines 1 Single Stage Horizontal Grit Pump Quantity: 1 UOM: EA Price: $37,755.00 1 Total: $37,755.00 Supplier Notes: Hayward Gordon Pump Page 2 of 3 pages Vendor: Environmental Technical Sales Bid 24-27 Addendum 1 Page 59 of 286 Response Total: $37,755.00 Page 3 of 3 pages Vendor: Environmental Technical Sales Bid 24-27 Addendum 1 Page 60 of 286 Unsigned bids will be rejected. Items marked * are mandatory for consideration. *NAME OF FIRM: ETEC services, Inc. Purchase Order/Payments shall be issued to this name *D/B/A or Corporation Name ETEC *BUSINESS ADDRESS: 7731 Office Park Blvd *CITY: Baton Rouge *STATE: LA *ZIP: 70809 *PHONE: (225) 295-1200 FAX: (225) 295-1800 *F-MAII - ccooley@etec-sales.com, mclouatre@etec-sales.com *BY: (PRINTED NAME) Chad Cooley *AUTHORIZED SIGNATURE: *TITLE: Vice President UNIQUE ENTITY NUMBER: WY9NJWEP4HU5 CAGE NUMBER: *TAX ID NUMBER: 72-1306563 Acknowledge Addendums: Addendum No. 1 Dated: 2-6-24 Acknowledged by: Melissa Clouatre Addendum No. Dated: Acknowledged by. Addendum No. Dated: Acknowledged by: Addendum No. Dated: Acknowledged by: City of Fayetteville, AR Bid 24-27, Aeration Basin Drain Pump Page 5 of 15 1 MLS9 Page 61 of 286 City of Fayetteville Bid 24-27, Aeration Basin Drain Pump Technical Specifications ALL BIDDERS SHALL COMPLETE THIS "TECHNICAL SPECIFICATIONS" SECTION WITH BID. FAILURE TO SUBMIT A RESPONSE ON THIS "TECHNICAL SPECIFICATIONS" FORM IN A COMPLETED FORMAT CAN RESULT IN BID REJECTION. BIDDING REQUIREMENTS: o NOTICE: THIS SECTION CAN BE COMPLETED ON THE FOLLOWING MANNER: When given a specification option containing a blank (example a._), bidder shall write a "check mark" or write "yes" indicating yes if the accompanied specification is met. In the event a specification cannot be met, bidder shall indicate so by writing in "no" and writing on the City's bid forms how the specification is not met or how the unit(s) bid differ from what has been specified. Leaving item blank shall indicate bidder does not meet the listed specification and can resultin bidder D15OUALIFICA TION. o Bidders shall NOT supply warranty papers for the City to interpret whether a warranty specification is met or not. 1. GENERAL- 1.1 It is the intent of the following specifications to describe a single stage horizontal grit pump. 1.2 All unit(s) bid shall meet or exceed the minimum requirements, or they will be deemed incomplete and will not be considered for bid award. 1.3 All specifications written are to minimums, unless otherwise noted. 1.4 Unit(s) bid shall be new and of the latest standard production model as offered for commercial trade. 1.5 A list containing a minimum of three (3) users/references shall accompany this bid to qualify as a responsible bidder. Listing shall contain company, primary contact name, e-mail, phone number, and date of purchase. Users/references shall have had similar equipment purchased within the past five (5) years. 2. MANUFACTURER/MODEL— a.V The pump shall be equipped with a 25HP electric motor, connected for operation on 460 volts, 3 phase, 60 hertz. The power cable shall be sized according to NEC and ICEA standards and meet with P-MSHA approval. b. V Pump frame size shall be 324T with a 1200 RPM premium efficiency TEFC horizontal motor. 3. TECHNICAL SPECIFICATIONS — a.V Pump shall be capable of delivering 1800 GPM at 32.1 FTTDH. b. V Maximum RPM shall not exceed 1800. c. Pump shall be designed to be permanently connected to inlet and outlet pipes. cl._VVF Pump shall have an inspection cover. e.K The wet end of the pump shall be constructed of cast iron. f.__V The bearing frame shall be constructed of cast iron. City of Fayetteville, AR Bid 24-27, Aeration Basin Drain Pump Page 14 of 15 Page 62 of 286 4. WARRANTY — a. Warranty shall begin at the time the pump is installed. b._ Pump shall be provided with prorated a 60-month (5 year) warranty against defects in materials and or workmanship. C. V The warranty shall be the latest revision in printed form and previously published as the manufacturer's standard warranty for all similar manufactured units. d. A certificate shall be provided to the City of Fayetteville with the local contact information and effective start-up date. City of Fayetteville, AR Bid 24-27, Aeration Basin Drain Pump Page 15 of 15 Page 63 of 286 5 Brigden Gate Hayward Gordon Hayward Gordon Halton Hills, ON L7G OA3 Sharpe Mixers info@haywardgordon.com ---GROUP www.haywardgordon.com Scott TUrbon Mixer QUOTATION FOR HAYWARD GORDON SOLIDS HANDLING PUMPS Date: 2/22/2024 1 Project Reference: City of Fayetteville, AR WWTP Quotation No.: Q4-79483Bid-2 Rev. 0 I Equipment Reference: Customer: Environmental Technical Sales Inc. Delivery: 20-24 weeks 7731 Office Park Blvd. Incoterms: EXW Freight: PREPAID Baton Rouge Terms of Payment: 0 (Net 30 Days) LA Taxes: Not Included US 70809 Price Validity 60 days Currency: US $ Salesperson: Dave Miller Attention: Todd Rigby Submitted By: SYSTEM PRODUCT: CITY MODEL UNIT SELL PRICE LOT SELL PRICE 1 HAYWARD GORDON XCS10C SCREW CENTRIFUGAL PUMP CONSTRUCTION DETAILS: Wet End: Casing: ASTM A48 CL30 Cast Iron / Impeller & Suction Liner: ASTM A532 High Chrome Iron Seal: Chesterton S10 Single Cartridge Seal (TC/SC) - Clean Water Flush Required Ports/Flanges: 10" suction x 10" discharge - 125#RF Motor Details: 25HP, 120ORPM, 230/46OV/3/60, 324T, TEFC Inverter Duty Rated Drive: Fixed Speed V-Belt Guard: OSHA - V-Belt Guard Base/Coverplate: Steel Baseplate with Z-Belt Overhead Motor Mounting Pump Setting: Horizontal APPLICATION DETAILS: Fluid: Drain water Impeller Diameter: Full Solids: Capacity: 1800 GPM Viscosity: Waterlike NPSHR: Flooded Head: 32.1 ft Temperature: Ambient Pump RPM: 1012 RPM Specific Gravity: 1.00 Comments and Clarifications to Bid 24-27, Aeration Basin Drain Pump 2.a - Power cable by Others. 3.e - We are supply a high chrome iron impeller and suction liner. As of the date of this quote and due to the COVID-19 pandemic, the Hayward Gordon Group of companies have taken every precaution to minimize our product delivery schedules to our valued Customers. However due to Federal, State or Provincial mandated restrictions, the Seller may be required to adjust our product delivery lead-times accordingly. By accepting and issuing a formal purchase order in reference to one of the Hayward Gordon Group of companies 1) Hayward Gordon ULC or 2) Sharpe Mixers, Inc. or 3) Scott Turban Mixer, Inc. quotes, hereinafter referred to as Seller", Seller will confirm a ship date of the order based upon the then current environmental impact on the manufacturing schedule. In the event that due to the COVID-19 pandemic, order fulfilment has to be delayed, Seller will provide notice to you our valued customer. Either Party reserves the right to suspend work on this order, if operations are required to shut down due to the COVID-19 pandemic, for a period of (2) Hayward Gordon ULC 5 Brigden Gate • Halton Hills • ON • CANADA • L7G OA3 T:905-693-8595 https:Hhaywa rdgordon.com Page 64 of 286 5 Brigden Gate Hayward Gordon Hayward Gordon Halton Hills, ON L7G OA3 Sharpe Mixers info@haywardgordon.com ---GROUP www.haywardgordon.com ScottTUrbon Mixer months or longer, at which point both Seller and Buyer will mutually review and either party may terminate with written notification. Buyer agrees to pay Seller for the value of the "unpaid" work performed by Seller, at the date of the termination. GENERAL COMMENTS: L. Price validity is based on receipt of complete approval and release for production no more than eight weeks after drawings have been submitted by Hayward Gordon ULC. L Hayward Gordon ULC's standard Terms and Conditions of Sale apply and are an integral part of this quotation unless specifically noted otherwise in this proposal. 3. All start-up and instructional services not included unless specifically noted otherwise in this proposal. t. All starters and control equipment are not within Hayward Gordon ULC's scope of supply and are to be supplied by others unless specifically noted otherwise in this proposal. S. This proposal does not include installation, wiring, field painting or any other items except as specifically described above. Hayward Gordon ULC 5 Brigden Gate • Halton Hills • ON • CANADA • L7G OA3 T:905-693-8595 https:Hhaywa rdgordon.com Page 65 of 286 Company: Name: Date: 02/23/2024 Pump: Size: XCS10C Dimensions: Type: XCS ScrewCentrifugal Suction: 10 in Synch Speed: Adjustable Discharge: 10 in Dia: 14 in Curve: 005-10657 Search Criteria: Flow: 1800 US gpn Near Miss: Head: 32.1 ft Static Head Pump Selection Warnings: None --- Duty Point --- Flow: 1801 US gpm Head: 32.1 ft Eff: 77.3% Power: 18.9 hp NPSHr: 8.55 ft Speed: 1012 rpm --- Design Curve --- Shutoff Head: 52.8 ft Shutoff dP: 22.9 psi Min Flow: --- US gpm BEP: 80% @ 2342 US gpm NOL Power: 19 hp @ 1603 US gpm --- Max Curve --- Max Power: 96.7 hp @ 3260 US gpm 0 ft 1750 rpm 150 1650 rpm 125 1550 rpm 1450 rp 100 1350 rp a y 1250 rpm = 75 1150 r, 50 25 0 50 2 25 N a z 0 yHayward Gordon Fluid: Name: Water SG: 1 Vapor Pressure: 0.256 psi a Density: 62.4 Ib/ft3 Atm Pressure: 14.7 psi a Viscosity: 1.1 cP Temperature: 60 °F Margin Ratio: 1 Pump Limits: Temperature: --- Sphere Size: 5 in Wkg Pressure: --- Motor: Consult Hayward Gordon to select a motor for this pump. k0 55 60 -67 � �73 �77 79 �7-9 77 '-73 \ 67 100 hp 75 hp 60 hp 30 hp 40 h�0 hp gpm Performance Evaluation: Flow Speed Head Efficiency Power NPSHr US qpm rpm ft % hp ft 2160 1012 27.8 79.6 18.9 10.1 1800 1012 32.1 77.3 18.9 8.55 1440 1012 36.2 69.3 18.9 8.1 1080 1012 40.4 59.1 18.7 8.1 720 1012 44.5 45.1 18.2 8.1 Selected from catalog: HaywardGordon.Va'lf-%b4c� 286 1. SUCTION AND DISCHARGE FLANGES: C.I. AND NI —HARD — 125 Ibs R.F. ALLOYS — 150 Ibs F.F. ALL FLANGES MATE WITH STD. ASA FLANGES 2. PUMP ROTATION — C.W. VIEWED FROM SHAFT END. 3. ALL DIMENSIONS ARE IN INCHES. USE FOR INSTALLATION ONLY IF CERTIFIED. 4 4 0 6 MOUNTING HOLES 7/8" FOR REFERNCE ONLY GCTC•1 1" DRAIN H NO. I DATE I BY I REVISION y HAYWARD GORDON ULC CAD SCALE COST. P.D. NO. GENERAL ARRANGEMENT DATE H.G. JOB N0. DEC 27 23 . DRN. DWG. N0. R. P. 343272G Page 67 of 286 5 Brigden Gate Hayward Gordon Hayward Gordon Halton Hills, ON L7G OA3 Sharpe Mixers info@haywardgordon.com --� GROUP www.haywardgordon.com ScottTurbon Mixer TERMS AND CONDITIONS OF SALE FORMATION OF AGREEMENT These Terms and Conditions of Sale apply to the purchase of Products, Services, or both, by Buyer from Hayward Gordon ULC,(hereinafter referred to as "Seller"), each as identified in Seller's quote. These Terms and Conditions, together with Seller's quote, comprise the entire agreement between the parties (the "Agreement"). Seller's agreement to furnish Product or Services is expressly conditioned on Buyer's agreement to these Terms and Conditions. An order for Products, Services or both, constitutes Buyer's acceptance of these terms and conditions. Seller rejects any terms, conditions, or warranties in Buyer's purchase order or other document or communication that are additional to or differ from those set out in this Agreement, unless set out in writing and signed by Seller's authorized representative. PRICES Quotes. Prices in Seller's quote are valid for 30 days from the date of the quote unless otherwise specified in writing. Currency. Prices are in the currency specified in Seller's quote. If no currency is specified, prices to buyers located in Canada are in Canadian dollars and prices to all other buyers are in US dollars. Taxes excluded. Prices do not include any Taxes related to the Products or Services supplied under this Agreement, which are the responsibility of Buyer, unless Buyer presents a waiver or an exemption certificate acceptable to Seller. PAYMENT Terms. Buyer will pay all invoiced amounts in full, without deduction, back charge or set-off, within 30 days from the date of Seller's invoice. Payment is not contingent on Buyer receiving payment from Buyer's customer. Payment Method. Buyer is hereby notified that payments by credit card will incur a 2% fee. Late Payment. If payment is not made when required, Seller may at its option take one or more of the following actions: (i) treat such failure as a repudiation of all or a portion of the order that has not been fully performed and immediately suspend performance, (ii) continue production and make shipment under reservation of title or a security interest, and demand payment against tender of documents of title; (iii) charge interest at the lesser of 1.5% per month and the maximum rate permitted under applicable law, from the due date until paid, plus Seller's reasonable costs of collection; and (iv) Buyer agrees that Seller may enter the premises where any Products for which Buyer has not paid are located, repossess such Products whatever the mode of their attachment to realty or other property, sell the repossessed Products, apply the proceeds to the overdue payment, and recover any deficiency from Buyer. DELIVERY, RISK, TITLE Delivery dates. Delivery dates stated in advance of shipment, including in Seller's quote, are estimates only and are not guaranteed. Seller will not be liable for or penalized as a result of delays in shipment for any cause. Seller reserves the right, upon prior notice to Buyer, to make partial deliveries or partial performance, which may be separately invoiced. Buyer Delay. If Products cannot be shipped to or received by Buyer when ready because of any cause attributable to Buyer or its other contractors, Seller may store the Products at the sole expense and risk of Buyer; in such case, Seller will invoice Buyer and terms of payment will apply as if delivery had been made on the original delivery date. Damage/Shortage. Claims for damages or shortages must be made within 5 days after receipt of Products. CHANGES Orders accepted by Seller are not subject to change or cancellation by Buyer, except with Seller's written consent. Where Seller authorizes changes (including changes to specifications, and special packaging, tests or inspections in addition to Seller's normal procedures and not set out in Seller's Quote), Seller may charge Buyer reasonable costs of such change. Seller will make every effort to maintain initial prices throughout the drawing and submittals process. For the avoidance of doubt, in the instance of any change and resubmittal Seller reserves the right to adjust the price in accordance with equity and necessity. Further, should the Buyer not respond to confirm drawings and submittals in 30 days the initial price quoted may no longer be valid and may be subject to change in accordance with equity and necessity. INSTALLATION All Products will be installed by and at the risk and expense of Buyer, unless otherwise specified in Seller's quote or agreed to in writing. WARRANTY Warranty. Seller warrants that during the warranty period: Hayward Gordon ULC 5 Brigden Gate • Halton Hills • ON • CANADA • L7G OA3 T:905-693-8595 https:Hhaywa rdgordon.com Page 68 of 286 5 Brigden Gate Hayward Gordon Hayward Gordon Halton Hills, ON L7G OA3 Sharpe Mixers info@haywardgordon.com -� GROUP www.haywardgordon.com Scott TUrbon Mixer (a) all Products sold by it to Buyer pursuant to the Agreement, when properly stored, installed, used and maintained by Buyer, will in all material respects, conform to the specifications and be free from defects in materials and workmanship under normal usage; and (b) the Services performed by Seller will be performed in a good and workmanlike manner in accordance with any mutually agreed specifications. Warranty Period. The warranty period for Products is one year from date of shipment. Warranty Claims/Seller's Obligations. A claim must be submitted in writing, within 30 days of discovery, within the warranty period, to give rise to Seller's obligations. Seller's sole liability and Buyer's exclusive remedy for a breach of this warranty is limited to repair or replacement by Seller, in the case of the Product warranty, and re -performance by Seller in the case of the Services warranty. Such repair, replacement or re - performance will not extend the warranty period. Seller may require access to complete and accurate records of operation and maintenance during the warranty period, or the return of defective parts, freight prepaid, before a warranty claim is recognized. Third -party components. Products may contain components from third party manufacturers. Seller will use reasonable commercial efforts to extend to Buyer the benefit of any warranty given by the component manufacturer to Seller where the third party manufacturer permits it to do so. No other warranties. All other warranties, representations, terms and conditions (express, implied or statutory) as to quality, condition, description, merchantability, fitness for purpose, compliance with sample, or non -infringement (except implied warranty of title) are expressly excluded to the fullest extent permitted by law. LIMITATION OF LIABILITY Exclusions. Without limiting the foregoing, Seller will have no liability in respect of: (i) failure to follow Seller's use restrictions, specifications, recommendations or instructions or any misuse of the Products; (ii) any alteration, modification, repair, or enhancement of the Products by Buyer or any third party without Seller's prior written consent;(iii) any defect in the Product arising from designs, specifications or materials supplied by Buyer; (iv) any shipping, storage or working conditions different than those advised by Buyer after Seller's delivery of Products to Buyer; (v) chemical attack or wear; (vi) normal wear and tear; (vii) accident; (viii) fraud, negligence or wilful misconduct of Buyer or any of its affiliates or representatives; (ix) any Product for which the purchase price has not been paid in full in accordance with the Agreement. Limitation. (i) In no event will Seller' liability, in the aggregate, for damages arising out of the use of the Product or Services, or arising under this Agreement, whether in contract, tort (including negligence), or otherwise, to Buyer or any other person exceed the amount paid by Buyer to Seller under the Agreement for the Products or Services to which such claim or damages relates; (ii) Seller will not be liable for loss of profit or revenues, loss of use of equipment or systems, loss or deferral of production, interruption of business or loss of contract, loss of use, increased operating costs, or claims of Buyer's customers for any of the foregoing, any special, consequential, incidental, indirect, or punitive damages, whether or not foreseeable at the date of Seller starting performance of the Agreement and even if Seller is advised in advance of the possibility of any such loss or damages INDEMNITY Each party will indemnify the other party from and against claims brought by a third party, on account of personal injury or damage to the third party's tangible property, to the extent caused by the negligence of the indemnifying party in connection with this Agreement. If the injury or damage is caused by joint or concurrent negligence of Buyer and Seller, the loss or expense will be borne by each party in proportion to its degree of negligence. For purposes of Seller's indemnity obligation, no part of a Product is considered third party property, and "third party" does not include Buyer or any subsequent owner of the Products, their subsidiaries, parents, affiliates, agents, successors or assigns, including any operation or maintenance contractor, or their insurer. EXCUSED PERFORMANCE/FORCE MAJEURE A party will not be liable in respect of the non-performance of any of its obligations to the extent such performance is prevented by any circumstances beyond its reasonable control including but not limited to, strikes, lock -outs or labour disputes of any kind (whether relating to its own employees or others), fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, war or civil war, acts or threats of terrorism. If such an event occurs, the time for performance will be extended by the amount of time lost by reason of the event plus such additional time as may be needed to overcome the effect of the event. COMPLIANCE WITH LAWS Each party shall comply with all applicable laws and regulations, orders, ordinances, resolutions, decrees, or restrictive measures and/or other requirements, including, but not limited to, import and export control, anti -bribery and anti -money laundering laws, regulations, codes, or ordinances. In no event shall buyer use, divert, import, export or re-export products and/or technology in violation of such applicable laws and regulations. Hayward Gordon ULC 5 Brigden Gate • Halton Hills • ON • CANADA • L7G OA3 T:905-693-8595 https:Hhaywardgordon.com Page 69 of 286 5 Brigden Gate Hayward Gordon Hayward Gordon Halton Hills, ON L7G OA3 Sharpe Mixers info@haywardgordon.com ---GROUP www.haywardgordon.com ScottTurbon Mixer Buyer hereby certifies that it will not export, re-export, or transfer all or part(s) of the products to Iran, North Korea and any countries of the sanctioned countries under the laws and regulations applicable to seller. GOVERNING LAW Unless otherwise agreed to in writing, the laws of the jurisdiction from which Seller ships the Product(s) will govern the interpretation and construction of this Agreement, and the Parties agree to submit to the exclusive jurisdiction of the courts of such jurisdiction. Waiver. No waiver of any of the provisions of this Agreement will constitute a waiver of any other provision (whether or not similar). Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, that provision will be severed from this Agreement and the remaining provisions will remain in full force and effect. Assignment/Subcontracting. Seller may assign or novate its rights and obligations under this Agreement, in whole or in part, to any of its affiliates. Seller may subcontract portions of the work to any third party. Hayward Gordon ULC 5 Brigden Gate • Halton Hills • ON • CANADA • L7G OA3 T:905-693-8595 https:Hhaywa rdgordon.com Page 70 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1741 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating § 166.28, Permit -Ready Building Design Program, to provide for the establishment of a Permit - Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. BACKGROUND: The City of Fayetteville's comprehensive plan, City Plan 2040, lists twenty-five short term benchmarks to be completed by 2025. Among those benchmarks is "Create pre -approved building types for identified neighborhoods." Four of the plan's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority 2. We will discourage suburban sprawl 3. We will make compact, complete, and connected development the standard 6. We will create opportunities for attainable housing Part of the design process is to meet the city's zoning, development, and building code standards, producing plan sets that have been reviewed through city staff before they are finalized. The designs can also be tailored to fit housing needs for neighborhoods, and remove or reduce design costs for infill projects, thereby reducing the overall project costs and permit review timelines. This cost and time reduction provide an incentive to use the neighborhood -sensitive designs and can potentially provide more attractive solutions for housing density, whether the need is for accessory dwellings for existing homes or for a triplex that more closely resembles a single-family home. A contract for consulting services for the creation of such a program was approved by the Fayetteville City Council on October 4, 2022. The project study area included the Downtown Master Plan area and the Walker Park Neighborhood Plan area as they are two neighborhoods that have experienced an increase in infill development in recent years, and the program's building designs are focused on compatibility with existing Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 71 of 286 neighborhoods. Several recommended guiding standards have been developed by city staff and the project consultant in coordination with assessments of development patterns in the project area and in response to input from focus groups and an evaluation of residential building permit requirements. A set of development standards specific to the use of the Permit -Ready Building Design Program are being recommended with the attached ordinance proposal. The attached map exhibit shows the proposed program area within which the program's buildings would be available for use. The program area boundaries will be used for program administration and coordination with the program vendor and to guide development review and building permit application review, as well as for potential applicants to be able to confirm a property location for their selected building plan set and permit application. Additional adjustments to zoning standards in the program area have been considered by the project team based on project study area analysis that has shown the potential for reductions in housing costs. Land use policies that allow more homes per lot, reduce parking requirements, increase buildable area, allow for alternative lot configurations, and allow smaller lots have the potential to increase housing supply while reducing overall per unit costs. A preliminary assessment of these land use policy changes was presented to the Planning Commission at the January 18, 2024 Long Range Planning Committee meeting and further discussions on the topic are planned for future meetings. DISCUSSION: The purpose of this amendment is to establish a new section under the Unified Development Code (UDC) Chapter 166 — Development for development standards specific to the City's Permit -Ready Building Design Program. Development standards are not a zoning entitlement, rather they are the standards for development that may be specific to a development type or a component of development. In this case the proposed development standards address aspects such as variation in the building designs used across adjacent lots, street -facing orientation, screening of trash and recycling containers, stormwater management, parking standards, driveways, and sidewalk construction. While most of the proposed development standards align with existing requirements in the Unified Development Code or provide additional standards for site design as the use of the program is voluntary, some are meant to provide additional flexibility. The proposed parking standards are an example of increased flexibility specific to the use of the program. The proposed section 166.28(D)(2) would require only one parking space per dwelling unit. Properties developed with a single unit would require only one parking space, while a property developed with two units, either as a duplex or as a single-family house with an accessory dwelling unit, would require only two spaces. Currently the UDC requires two parking spaces per dwelling unit for single-family, duplex, and triplex residential, while multi -family or townhouse residential requires one parking space per bedroom. Additionally, parking lots with 5-13 spaces would be exempt from parking lot construction and parking lot design standards if the parking lots are for buildings in the program. Sidewalk construction has been identified as a challenge in the residential building permit process as the timing of sidewalk construction, sidewalk location, and other factors for required sidewalk construction related to small scale residential buildings have resulted in project delays. The program development standards propose to address this by creating a sidewalk fee -in -lieu option that does not require a special approval to waive construction. The fee amount would be set based on annual bids and the City's use of the funds and is proposed to not have an expiration. The fee -in -lieu funds would be spent to complete sidewalks as determined by the City Engineer. The Planning Commission considered the item at the January 22, 2022 meeting. One public comment in favor was received by staff prior to the meeting, but no additional comments were received in the meeting. Commissioners asked questions relating to other programs of this type nationally, what information is anticipated to be included in the plan sets, whether the development standards could be expanded to all Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 72 of 286 projects in the program area or city wide, and how some technical requirements such as stormwater management will be addressed. Staff requested that the item be tabled to the February 12 meeting for additional time to respond to questions and the Commissioners tabled the item with a 7-2-0 vote in favor. The Planning Commission considered the item again at the February 12, 2024 meeting. Staff received an inquiry prior to the meeting with comments supporting a reduction in parking requirements. An additional public comment was made during the meeting expressing concern about the buildings being designed to account for fire suppression and fire separation requirements. Commissioners asked clarifying questions about the sidewalk fee -in -lieu, preferring it be spent in the program area, and there was some discussion with the City Attorney about impact fee requirements and whether the proposed fee -in -lieu would be considered an impact fee as the program is voluntary, as is the fee -in -lie payment for sidewalks since builders retain the ability to construct sidewalk where required. Commissioner Sparkman made a motion to forward the item to City Council. Commissioner Brink provided a second to the motion. Commissioners voted 9-0-0 in favor of forwarding the item as proposed to the City Council for their consideration. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A - Proposed Ordinance (#4), Exhibit B - Program Area Map (#5), Planning Commission Staff Report (#6), Permit Ready Design Building Additional Info (#7) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 73 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1741 ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit - Ready Building Design Program and associated development requirements specific to the program's residential buildings, as well as establish a program area. AN ORDINANCE TO ENACT § 166.28 PERMIT -READY BUILDING DESIGN PROGRAM TO PROVIDE FOR THE ESTABLISHMENT OF A PERMIT -READY BUILDING DESIGN PROGRAM AND ASSOCIATED DEVELOPMENT REQUIREMENTS SPECIFIC TO THE PROGRAM'S RESIDENTIAL BUILDINGS, AND TO ESTABLISH AN INITIAL PROGRAM AREA WHEREAS, City Plan 2040 lists twenty-five short term benchmarks to be completed by 2025, including "Create pre -approved building types for identified neighborhoods."; and WHEREAS, four of City Plan 2040's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority; and 2. We will discourage suburban sprawl; and 3. We will make compact, complete, and connected development the standard; and 4. We will create opportunities for attainable housing; and WHEREAS, City staff and the Planning Commission recommend approval of an amendment to the Unified Development Code creating § 166.28 Permit -Ready Building Design Program. NOW, THEREFORE, 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 enacts § 166.28 Permit - Ready Building Design Program to provide for the establishment of permit -ready building design program and associated development requirements as shown in Exhibit A. Section 2: That the City Council of the City of Fayetteville, Arkansas, hereby establishes an initial permit -ready building design program area as shown in Exhibit B attached hereto and made a part hereof. Page 1 Page 74 of 286 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2024-1741 Item ID 3/5/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/16/2024 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # 236-22 Approval Date: 10/4/2022 Page 75 of 286 EXH I BIT A 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. Page 1 of 2 Page 76 of 286 (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. The fee -in -lieu option shall not require a waiver by the City Engineer. (ii) Projects must bring existing sidewalks into good condition. Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer on a per -square -foot basis and will be determined annually by conducting a bid for contracted construction and use the average cost per square foot of the accepted contract. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. (iii) Contributions do not have an expiration on the expenditure of funds. (iv) The contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. Page 2 of 2 Page 77 of 286 M'a-Lp'i'e' S't F Nltaple I \ 1 9 Ni A 0 0.05 0.1 0.2 Miles I i i I I i i I I. IE" (Ita�II t,e 0 LL z Ad 4 R C 2 Y Q E Uirgl o n ITIrl, Ill NC WA3ORK DG 723 h Sou es: Esri, Airbus DS, USGS, N NASA, CGIAR, N Robinson, NCEAS, NLS, IS N A, Geodatastyrelsen, Rijkswat. rstaat, GSA, Geoland, FEMA, Intermap and th GIS user com unity, sn munity Maps Contributors, City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conservation, M;� souri DI*R, Texas Parks & Wildlife, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, R-A METZ%N;ASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS RSF-8 Proposed Permit -Ready Building Design Program Area 02.12.2024 Legend Master Plan Area 0 Proposed PRB Area Complete Neighborhood Proposed PRB Area Plan Parcels Page 78 of 286 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Britin Bostick, Long Range Planning/Special Projects Manager MEETING DATE: February 12, 2024 SUBJECT: ADM-2023-0052: Administrative Item (Amend UDC Chapter 166 - Development): Submitted by CITY OF FAYETTEVILLE STAFF. The request is to establish §166.28 — Permit -Ready Building Design Program. The proposed code change would provide for the establishment of a Permit -Ready Building Design Program and associated development requirements specific to the program's residential buildings. RECOMMENDATION: Staff recommends forwarding ADM-2023-0052 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ADM-2023-0052 to the City Council with a recommendation of approval." JANUARY 22, 2024 PLANNING COMMISSION HEARING: Long Range Planning staff presented a proposal for development standards specific to the program buildings and related site development. Commissioners asked questions relating to other programs of this type nationally, what information is anticipated to be included in the plan sets, whether the development standards could be expanded to all projects in the program area or city wide, and how some technical requirements such as stormwater management will be addressed. Staff requested that the item be tabled to the February 12 meeting for additional time to respond to questions and the Commissioners tabled the item with a 7-2-0 vote in favor. BACKGROUND: The City of Fayetteville's comprehensive plan, City Plan 2040, lists twenty-five short term benchmarks to be completed by 2025. Among those benchmarks is "Create pre -approved building types for identified neighborhoods." Four of the plan's six goals are related to this benchmark: 1. We will make appropriate infill and revitalization our highest priority 2. We will discourage suburban sprawl 3. We will make compact, complete, and connected development the standard 6. We will create opportunities for attainable housing Part of the design process is to meet the city's zoning, development, and building code standards, producing plan sets that have been reviewed through city staff before they are finalized. The designs can also be tailored to fit housing needs for neighborhoods, and remove or reduce design costs for infill projects, thereby reducing the overall project costs and permit review timelines. This cost and time reduction provide an incentive to use the neighborhood -sensitive designs and can Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 79 of 286 potentially provide more attractive solutions for housing density, whether the need is for accessory dwellings for existing homes or for a triplex that more closely resembles a single-family home. A contract for consulting services for the creation of such a program was approved by the Fayetteville City Council on October 4, 2022. The project study area included the Downtown Master Plan area and the Walker Park Neighborhood Plan area as they are two neighborhoods that have experienced an increase in infill development in recent years, and the program's building designs are focused on compatibility with existing neighborhoods. Several recommended guiding standards have been developed by city staff and the project consultant in coordination with assessments of development patterns in the project area and in response to input from focus groups and an evaluation of residential building permit requirements. A set of development standards specific to the use of the Permit -Ready Building Design Program are being recommended with the attached ordinance proposal. The attached map exhibit shows the proposed program area within which the program's buildings would be available for use. The program area boundaries will be used for program administration and coordination with the program vendor and to guide development review and building permit application review, as well as for potential applicants to be able to confirm a property location for their selected building plan set and permit application. DISCUSSION: The purpose of this amendment is to establish a new section under the Unified Development Code (UDC) Chapter 166 — Development for development standards specific to the City's Permit - Ready Building Design Program. Development standards are not a zoning entitlement, rather they are the standards for development that may be specific to a development type or a component of development. In this case the proposed development standards address aspects such as variation in the building designs used across adjacent lots, street -facing orientation, screening of trash and recycling containers, stormwater management, parking standards, driveways, and sidewalk construction. While most of the proposed development standards align with existing requirements in the Unified Development Code or provide additional standards for site design as the use of the program is voluntary, some are meant to provide additional flexibility. The proposed parking standards are an example of increased flexibility specific to the use of the program. The proposed section 166.28(D)(2) would require only one parking space per dwelling unit. Properties developed with a single unit would require only one parking space, while a property developed with two units, either as a duplex or as a single-family house with an accessory dwelling unit, would require only two spaces. Currently the UDC requires two parking spaces per dwelling unit for single-family, duplex, and triplex residential, while multi -family or townhouse residential requires one parking space per bedroom. Additionally, parking lots with 5-13 spaces would be exempt from parking lot construction and parking lot design standards if the parking lots are for buildings in the program. Sidewalk construction has been identified as a challenge in the residential building permit process as the timing of sidewalk construction, sidewalk location, and other factors for required sidewalk construction related to small scale residential buildings have resulted in project delays. The program development standards propose to address this by creating a sidewalk fee -in -lieu option that does not require a special approval to waive construction. The fee amount would be set based on annual bids and the City's use of the funds would not have an expiration. The fee -in -lieu funds would be spent to complete sidewalks as determined by the City Engineer. Page 80 of 286 PLANNING COMMISSION ACTION: Required YES Date: February 12, 2024 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: Proposed Ordinance, Clean o § 166.28 Program Area Exhibit Map Fire Department Memo Page 81 of 286 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. Page 1 of 2 Page 82 of 286 (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. The fee -in -lieu option shall not require a waiver by the City Engineer. (ii) Projects must bring existing sidewalks into good condition. Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer on a per -square -foot basis and will be determined annually by conducting a bid for contracted construction and use the average cost per square foot of the accepted contract. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. (iii) Contributions do not have an expiration on the expenditure of funds. (iv) The contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. Page 2 of 2 Page 83 of 286 I \ 1 9 Ni A 0 0.05 0.1 0.2 Miles I I I I I I I I I. Mvjlie' Sit 1nW id 11 z' IE" (Ita�II t,e 0 F Nltaple Sit rn A LL z [Ad 4 R C 2 Y Q E Uirgl o n ITIrl, RSF-4 NC a WALKER P" 3,RHGOD DG 12 ft rAGCcodatastyrelsen, i'Airbus DS, USGS, N NASA, CGIAR, N Robinson, NCEAS, NLS, C S Rijkswat. rstaat, GSA, Geoland, FEMA, Intermap and th GIS user community, sn munity Maps Contributors, City of Fayetteville, Arkansas, Arkansas GIS Office, Missouri Dept. of Conservation, M:�souri DI*R, Texas Parks & Wildlife, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, R-A METZ%N;ASA, USGS, EPA, NPS, US Census Bureau, USDA, USFWS RSF-8 Proposed Permit -Ready Building Design Overlay Area 01.18.2024 Legend Master Plan Area 0 Proposed PRB Area Complete Neighborhood Proposed PRB Area Plan Parcels Page 84 of 286 FpYETTEVii FIRE in O DEPT F D ARK To: Fayetteville Planning Commission Thru: Britin Bostick, City of Fayetteville Long Range Planner From: Battalion Chief Jeremy Ashley, Fayetteville Fire Marshals Office Cc: Fire Chief Brad Hardin Date: 2/8/2024 RE: Pre -Approved Building Permit Project During the fall of 2021, the City of Fayetteville issued a request for proposal for a project that would create a pre -approved building permit process for the Downtown and South Fayetteville areas of town. Over the last couple of years this project has been developed by multiple stakeholders to become the project before you. The program area was developed to be in primarily historic neighborhoods, carefully considering the number of lots available for development in the potential areas. Efforts were made to study the impacts in these areas to include code requirements, density, parking, apparatus access and fit with existing neighborhoods. There were parts of the project, specifically changing the parking requirements, that the Fire Department were concerned with, however the program parameters only allowed for smaller homes and within a very specific area. The Fire Department does not support opening this project outside of the analyzed area that was identified in the original RFP issued by the City. We do support the pre -approved building permit project moving forward within the intended program area. Office of the Fire Marshal 303 W. Center St. Fayetteville, AR 72701 www.fayetteville-ar.gov Page 85 of 286 Received By: Britin Bostick At City Council Meeting va ,4,Q vmez 166.28 Permit -Ready Building Design Program (A) Purpose. The purpose of this section is to encourage new buildings that are,compatible with the existing development pattern of the neighborhood in scale, height and building placement. The program provides permit -ready building designs for infill construction and site redevelopment that are meant to fit the context of the existing building scale, styles and materials in the neighborhood. (B) Applicability. The Permit -Ready Building Design Program applies to lots or parcels of land on which the Permit -Ready Building Design Program is utilized. (C) General Requirements. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Variability. Any contiguous set of three or more lots or parcels with program buildings shall include at least two distinct variations in building facade design. (2) Street facing Orientation. All buildings which are adjacent to the street shall be oriented such that their primary facade as designated on the architectural plan set, or a secondary facade if also noted, faces the public street. Buildings which do not have a primary facade indicated on their architectural plans shall not be the primary, street -facing structure abutting a public street. (3) Solid Waste and Recycling Containers. All waste and recycling containers must be screened from view from public right of way except on designated days of service. Screening fences shall be opaque and constructed of wood fence, fiber cement, masonry, or a combination thereof, or may be dense shrubbery having year-round foliage within two years of date of planting. (4) Stormwater. Where required, stormwater infiltration systems shall comply with the pre -approved stormwater facilities available from the Engineering Division. Where feasible stormwater facilities shall be located parallel and adjacent to any edge of the property. (D) Parking and Driveways. The following general requirements are applicable only to residential building projects that use the Permit -Ready Building Design Program and submit building permit applications that utilize one or more of the program's building plan sets. (1) Parking Areas. Site plans shall show required off-street parking spaces located to the rear or side of a principal dwelling, in a garage, or in a carport. (2) Number of Spaces. One parking space per dwelling unit shall be required. Projects shall not utilize reductions for residential use. Up to two parking spaces per dwelling unit is permitted. Any increase or reduction to the number of spaces permitted shall be allowed only by the Planning Commission as a variance and shall be granted in accordance with Chapter 156.03. (3) Parking Lot Standards. Parking lots or parking areas containing between 5 and 13 spaces are exempt from Parking Lot Construction Standards and Parking Lot Design Standards unless the parking lot is located within a build -to zone. (4) Tandem Lots. Parking for dwelling units on tandem lots shall not be considered off -site parking if the parking spaces are located on the parent lot or another tandem lot related to the parent lot. (5) Driveway Width. The minimum driveway width is 8'. (6) Shared Driveways. Shared driveways must be utilized to access parking areas for attached townhouse dwellings. Individual driveways from the primary street frontage are not permitted. (E) Sidewalks. Project sites with existing sidewalks which are not in need of repair or major relocation are encouraged to use fees in lieu of reconstruction and/or relocation. Page 1 of 2 Page 86 of 286 (1) Applicability. The provisions of this section shall only apply to the following property: (i) If a sidewalk does not exist, a new sidewalk must be constructed, or sidewalk fee -in -lieu must be paid. ;le iee-w ije+:fup4oi+- : ad Feg ,vdi�,ei b the _ ,, ;., , n (ii) Projects must bring existing sidewalks into good condition and into compliance with the Annti; - with Disabilities Act (ADA:. Cracks with an offset greater than 0.5" must be ground flat and sidewalk segments with extensive spalling must be replaced. (iii) If an existing sidewalk is required to be relocated, the fee -in -lieu option is preferred in lieu of construction. The building location shall accommodate the future sidewalk construction. (iv) If an existing sidewalk is substandard, out in cuMuiiance vd.tii tine AAA, the fee -in -lieu option is preferred for sidewalk replacement. (2) Sidewalk Fee -In -Lieu for Permit -Ready Building Program. (i) Fees will be set by the City Engineer y-4y Zti *vii - triS-d--i)i(it-f — 1-EJ}-ij4 at tee RStFUCtiOR Rd a the aYeFage 951 p squaFe feet of the accepted rzefwarzt in accordance with f 7-1.13. (ii) Contribution in lieu of construction of sidewalks shall be paid, or construction of the sidewalks shall be completed before issuance of a certificate of occupancy. (h ) = ei+tt3tft + ti Ht 4eti-41HV iN+iE15- Page 2 of 2 Page 87 of 286 U v 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk 0-n ?Vwd -51 o-R (A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street or highway upon the receipt of notice issued at the time a building permit is issued. (1) The property owner shall construct the sidewalk in accordance with the specifications provided in the Minimum Street Standards. (2) The property owner may request a wawef-variance to §171.13(A)(1) requiring sidewalk construction. The City Engineer shall review the following factors to determine whether or not to grant a wa+veF he variance to allow pa rnent of a fee in lieu of sidewalk construction: (a) Pedestrian traffic generators such as parks and schools in the area. (b) The existence of a sidewalk network in the area. (c) The density of current and future development in the area. (d) The amount of pedestrian traffic likely to be generated by the proposed development. (e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk. (f) The overall need for a sidewalk to be constructed on the lot. (3) A project being constructed pursuant to § 166.28 Permit -Ready Building Design Program shall h.jv�- thi, 012_�Hnn_to pay a fee in lieu of constructing the sidewalk without receiving a variance. (�_) If the City Engineer grants the wa'Ver variancete-ten 'rii4-t ,4 =OP1 A—!1, the owner shall have an option to construct the sidewalk, or to contribute money in lieu of construction as set forth below: (a) The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. (b) Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all developments shall make a cash contribution in lieu of the construction of the sidewalk in an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data.at-a Fate of $5-00 peF square feet e4 the sid-evvalk that nefmally would have beeA Fequ'Fed. The amount peF squaFf' feel Shall h (c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a certificate of occupancy. (d) Contributions must be expended within .olit+1}-yt-,45evr�i (,') yeti, to build a sidewalk close enough to serve the project being constructed. (e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. ( ) An owner/builder may appeal the City Engineer's refusal to grant a waWer-variance or the administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06(D). Page 1 of 2 Page 88 of 286 (B) Application of Provisions. The provisions of this section shall only apply to the following property: (1) New Structure. On which a new structure is being built. (2) Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of dwelling units located therein or to change the use of the nonresidential use. (3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed. (4) Building Additions. Additions of 2,500 square feet or larger. (5) Conditional Use. Any development which requires conditional use approval. (Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20) Page 2 of 2 Page 89 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1813 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: Amend UDC Chapter 171 — Streets and Sidewalks: Submitted by CITY OF FAYETTEVILLE STAFF. The request is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk. The proposed code change would coordinate with the proposed new §166.28 — Permit -Ready Building Design Program development standards and adjust the calculation for payment of sidewalk fee -in -lieu. RECOMMENDATION: City staff recommends approval of an amendment to the Unified Development Code amending §171.13, Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk, to coordinate with the proposed new §166.28 — Permit -Ready Building Design Program development standards and adjust the calculation for payment of sidewalk fee -in -lieu. BACKGROUND: At the meeting of the Fayetteville City Council on March 5, 2024 staff presented a proposed new §166.28 — Permit -Ready Building Design Program development standards to facilitate implementation of the Permit - Ready Building Design Program. Among the standards proposed was the option to contribute to cost of sidewalk by paying a fee in lieu of construction without requiring a waiver from the City Engineer. Staff noted to the Council that since the item and the Planning Commission's recommendation was presented at the prior week's agenda session, staff had identified an opportunity to more closely coordinate the proposed new §166.28 with the current §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk. Staff provided the proposed edits to both sections to the Council, but only §166.28 could be considered due to State statutory constraints on ordinances only containing one subject and that being clearly expressed in its title. The Council left the proposed ordinance on first reading to allow staff to submit a second item for the proposed amendment to §171.13. DISCUSSION: The purpose of this amendment is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk to coordinate with the proposed §166.28 — Permit -Ready Building Design Program development standards and to change the calculation of the fee -in -lieu to be paid for sidewalk construction from $5 per square foot to an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data. Other proposed edits include changing the fee -in -lieu option from a waiver to an administrative variance and extending the time in which funds must be spent from one to seven years, which is consistent with both state statute and §158, Bonds and Guarantees, of the Unified Development Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 90 of 286 Code BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 171.13 SRF, Exhibit A - 171.13, 171.13 Strikethrough Version Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 91 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1813 Amend UDC Chapter 171— Streets and Sidewalks: Submitted by CITY OF FAYETTEVILLE STAFF. The request is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk. The proposed code change would coordinate with the proposed new §166.28 — Permit -Ready Building Design Program development standards and adjust the calculation for payment of sidewalk fee -in -lieu. AN ORDINANCE TO AMEND § 171.13 PROPERTY OWNER TO CONSTRUCT SIDEWALK OR CONTRIBUTE COST OF SIDEWALK OF THE UNIFIED DEVELOPMENT CODE TO PROVIDE FOR CHANGES ASSOCIATED WITH THE PERMIT -READY BUILDING DESIGN PROGRAM, AND TO ADJUST THE CALCULATION FOR PAYMENT OF FEES IN LIEU OF SIDEWALK CONSTRUCTION WHEREAS, at the meeting of the Fayetteville City Council on March 5, 2024, staff presented a proposed new § 166.28 — Permit -Ready Building Design Program; and WHEREAS, staff has identified an opportunity to more closely coordinate the proposed new Permit - Ready Building Design Program with § 171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk; and WHEREAS, the proposed amendment to § 171.13 will change the amount of the fee in lieu for all projects city-wide from $5.00 per square foot to an amount established by the City Engineer based on actual construction costs, and will also provide permit -ready building projects the option of constructing sidewalk or paying a fee in lieu of construction without requiring a variance. NOW, THEREFORE, 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 repeals § 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk and enacts a new § 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk as shown in Exhibit A attached hereto. Page 1 Page 92 of 286 Britin Bostick Submitted By City of Fayetteville Staff Review Form 2024-1813 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/7/2024 LONG RANGE PLANNING (634) Submitted Date Division / Department Action Recommendation: Amend UDC Chapter 171— Streets and Sidewalks: Submitted by CITY OF FAYETTEVILLE STAFF. The request is to amend §171.13 — Property Owner To Construct Sidewalk or Contribute Cost of Sidewalk. The proposed code change would coordinate with the proposed new §166.28 — Permit -Ready Building Design Program development standards and adjust the calculation for payment of sidewalk fee -in -lieu. 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: Page 93 of 286 EXHIBIT A 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk (A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street or highway upon the receipt of notice issued at the time a building permit is issued. (1) The property owner shall construct the sidewalk in accordance with the specifications provided in the Minimum Street Standards. (2) The property owner may request a variance to §171.13(A)(1) requiring sidewalk construction. The City Engineer shall review the following factors to determine whether or not to grant the variance to allow payment of a fee in lieu of sidewalk construction: (a) Pedestrian traffic generators such as parks and schools in the area. (b) The existence of a sidewalk network in the area. (c) The density of current and future development in the area. (d) The amount of pedestrian traffic likely to be generated by the proposed development. (e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk. (f) The overall need for a sidewalk to be constructed on the lot. (3) A project being constructed pursuant to § 166.28 Permit -Ready Building Design Program shall have the option to pay a fee in lieu of constructing the sidewalk without receiving a variance. (4) If the City Engineer grants the variance, the owner shall have an option to construct the sidewalk, or to contribute money in lieu of construction as set forth below: (a) The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. (b) Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all developments shall make a cash contribution in lieu of the construction of the sidewalk in an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data. (c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a certificate of occupancy. (d) Contributions must be expended within seven (7) years to build a sidewalk close enough to serve the project being constructed. (e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. (5) An owner/builder may appeal the City Engineer's refusal to grant a variance or the administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06(D). (B) Application of Provisions. The provisions of this section shall only apply to the following property: Page 1 of 2 Page 94 of 286 (1) New Structure. On which a new structure is being built. (2) Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of dwelling units located therein or to change the use of the nonresidential use. (3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed. (4) Building Additions. Additions of 2,500 square feet or larger. (5) Conditional Use. Any development which requires conditional use approval. (Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20) Page 2 of 2 Page 95 of 286 171.13 Property Owner To Construct Sidewalk Or Contribute Cost Of Sidewalk (A) Requirement. The owner of any property abutting a public street or highway for which a sidewalk is required by the city's Master Street Plan shall construct a sidewalk in accordance with this chapter, along said street or highway upon the receipt of notice issued at the time a building permit is issued. (1) The property owner shall construct the sidewalk in accordance with the specifications provided in the Minimum Street Standards. (2) The property owner may request a waiver variance to §171.13(A)(1) requiring sidewalk construction. The City Engineer shall review the following factors to determine whether or not to grant a waiver the variance to allow payment of a fee in lieu of sidewalk construction: (a) Pedestrian traffic generators such as parks and schools in the area. (b) The existence of a sidewalk network in the area. (c) The density of current and future development in the area. (d) The amount of pedestrian traffic likely to be generated by the proposed development. (e) Whether the terrain is such that a sidewalk is physically practical and feasible, and the extent to which trees, ground cover and natural areas would be adversely impacted by the construction of the sidewalk. (f) The overall need for a sidewalk to be constructed on the lot. (3) A project being constructed pursuant to § 166.28 Permit -Ready Building Design Program shall have the option to pay a fee in lieu of constructing the sidewalk without receiving a variance. (34) If the City Engineer grants the waiver variancete een,-+. uet a sidewalk, the owner shall have an option to construct the sidewalk, or to contribute money in lieu of construction as set forth below: (a) The amount of money in lieu of construction to be dedicated shall be determined based upon the rough proportionality of the impact of the development upon the sidewalk infrastructure needs near the development including consideration of the persons served by the development and approximate pedestrian trip generation rates of the development. (b) Unless the developer presents evidence that the number of persons served by the development and the pedestrian trip generation rates of the development justify a reduced contribution in lieu of the construction of sidewalks, all developments shall make a cash contribution in lieu of the construction of the sidewalk in an amount established by the City Engineer and based on current construction costs, as determined by a yearly bid for construction, Arkansas Department of Transportation published weighted averages, or similar data. the sid-evialk that ne.r.m.ally weuld have been reqHiFed. The ameunt peF square feet shall he (c) Contribution in lieu of construction of sidewalks shall be paid or construction of the sidewalks shall be completed before receiving final plat approval, or issuance of a certificate of occupancy. (d) Contributions must be expended within ^^o„e (I) yearseven (7) years to build a sidewalk close enough to serve the project being constructed. (e) If the owner voluntarily consents in writing, the contributions may be used to construct sidewalk projects where most needed as determined by the City Engineer. (45) An owner/builder may appeal the City Engineer's refusal to grant a waivervariance or the administrator's determination of the amount of contribution in lieu of construction to the Planning Commission pursuant to §155.06(D). Page 1 of 2 Page 96 of 286 (B) Application of Provisions. The provisions of this section shall only apply to the following property: (1) New Structure. On which a new structure is being built. (2) Existing Residential Structure. On which an existing residential structure is being modified so as to increase the number of dwelling units located therein or to change the use of the nonresidential use. (3) Parking Lot/Garage. On which a parking lot, or parking garage having a minimum capacity of five (5) automobiles is constructed. (4) Building Additions. Additions of 2,500 square feet or larger. (5) Conditional Use. Any development which requires conditional use approval. (Code 1965, §18-31; Ord. No. 2653, 8-5-80; Ord. No. 2780, 11-17-81; Ord. No. 2917, 5-3-83; Ord. No. 3113, 9-3-85; Code 1991, §98.66; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4311, 5-1-01; Ord. No. 4387, 4-16-02; Ord. No. 5789, Repealed & Replaced Chp. 171, 8-4-15; Ord. No. 6350, §7(Exh. F), 8-18-20) Page 2 of 2 Page 97 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1728 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Steven Dotson, Internal Auditor SUBJECT: Authorization of the City to issue $85,000,000 in Water and Sewer System revenue bonds for the West Transmission Line RECOMMENDATION: Recommend approval of an ordinance authorizing the issuance by the City not to exceed $85,000,000 in aggregate principal amount of it's Water and Sewer System Revenue Bondsa and approval of a Budget Adjustment. BACKGROUND: Note: Final documents including loan terms, amortization schedule, and additional documentation will be attached when received from the state. This item is being routed through for approvals prior to receiving the final terms from the State due to the time sensitive nature of this project. The City is constructing a new 48 inch transmission water line to keep up with the rising water demand in Fayetteville. The City applied for an Arkansas Department of Agriculture Drinking Water State Revolving Loan in March of 2023 to fund this project. The City received notice in July of 2023 that the loan funding application was approved. On August 1, 2023 the City Council passed Resolution 169-23 authorizing Mayor Jordan to approve and execute loan terms with the Arkansas Natural Resources Division as well as other documents and required certifications. On October 2nd of 2023, Mayor Jordan signed a Memorandum of Agreement with the Arkansas Natural Resources Commission establishing the West Transmission Line project funding and the planning and design schedule for improvements funded by the State Revolving Loan Fund program. In following that memorandum of agreement, the City Council is required to hold a public hearing and pass an ordinance authorizing the City to issue bond funding. DISCUSSION: Spanning over 11 miles, the City's West Transmission Waterline will begin at a new Beaver Water District facility near Elm Springs and head southward through Elm Springs and Tontitown, crossing Hwy 412 and continuing into Fayetteville. The line will turn east and tie into an existing 36-inch waterline located near the Hwy 112 and Van Asche Drive intersection. The new 48-inch West Transmission Waterline project will secure access to safe drinking water and meet the City's projected maximum demands. Detailed engineering design work began in 2022 and is anticipated to be completed mid-2024. The new waterline is anticipated to be connected to Beaver Water District's Western Corridor Pump Station in 2026. The City has been awarded, and has accepted, use of the Arkansas Natural Resources Division Drinking Water State Revolving Loan Fund (DWSRF). The total funding amount will be finalized in June 2024 after loan Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 98 of 286 certification and closing are complete. Utilizing the DWSRF, the funding is structured as a bond issue, and the City is pledging Water and Sewer revenue to secure the bond. In order to complete the loan certification and closing by 6/28/24, the City is required to hold a public hearing and pass an ordinance authorizing the issuance of $85,000,000 in bond funding. This loan program offers municipalities and utilities access to low -interest rate loans, saving overall loan costs compared to market rates. The DWSRF (Drinking Water State Revolving Fund) program is administered by the Arkansas Department of Agriculture with joint funding from the U.S. Environmental Protection Agency and the state of Arkansas. DWSRF programs operate around the country to provide states and communities the resources necessary to maintain and improve the infrastructure that protects our valuable water resources nationwide. BUDGET/STAFF IMPACT: This project is going to be funded by the Arkansas Department of Agriculture Drinking Water State Revolving Fund. ATTACHMENTS: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 99 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1811 TO: Mayor Jordan and City Council THRU: D'Andre Jones, Ward 1, Position 2 FROM: D'Andre Jones, Ward 1, Position 2 Sarah Moore, City Council Member - Ward 1 Position 2 SUBJECT: Council Members Jones and Moore recommend approval of a resolution to declare a housing crisis within the City of Fayetteville RECOMMENDATION: Council Members Jones and Moore are sponsoring a resolution to declare a housing crisis within the City of Fayetteville. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request - Email confirmation - Council Members Jones and Moore, AGENDA REQUEST - Jones and Moore - Housing Crisis Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 100 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1811 Council Members Jones and Moore recommend approval of a resolution to declare a housing crisis within the City of Fayetteville A RESOLUTION TO DECLARE A HOUSING CRISIS IN THE CITY OF FAYETTEVILLE WHEREAS, the City recognizes the fundamental importance of adequate housing as a basic human right and a cornerstone of community well-being; and WHEREAS, recent data and trends indicate a significant shortage of affordable housing options within the city limits, exacerbating housing insecurity and homelessness among our residents; and WHEREAS, the lack of affordable housing options disproportionately affects low-income individuals, families, seniors, students, veterans, and marginalized communities, leading to social and economic disparities within our city; and WHEREAS, the COVID-19 pandemic has further exacerbated housing challenges, highlighting the critical need to immediate action to address housing instability and prevent homelessness; and WHEREAS, the City Council acknowledges its responsibility to take proactive measures to mitigate the housing crisis and ensure that all residents have access to safe, healthy, and affordable housing options. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby declares a housing crisis in the City of Fayetteville, recognizing the urgent need for comprehensive solutions to address housing affordability, availability, and accessibility. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby commits to establishing an ad -hoc Housing Crisis Task Force to be formed within the following guidelines: 1. The Task Force will be formed by the end of the second quarter of 2024; 2. The Task Force will consist of representatives from government agencies, non-profit organizations, renter groups, developers, landlords, and community members; 3. The Task Force will be active for one (1) calendar year following the date of its creation; 4. The City Council reserves the right to extend said term at its discretion. Page 1 Page 101 of 286 Resolution: File Number: 2024-1811 Section 3: That the City Council of the City of Fayetteville, Arkansas requests that the Mayor expedite the hiring process for a Housing Coordinator position, tasked with coordinating city wide efforts to address housing insecurity, facilitate collaboration among stakeholders, and implement recommendations from the Housing Crisis Task Force upon approval of the City Council. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby commits to working collaboratively with the Housing Coordinator, the Housing Crisis Task Force, and other stakeholders to develop and implement strategies to increase the supply of affordable housing units, streamline the permitting process for affordable housing projects, and explore innovative approaches to address housing insecurity. Section 5: That the City Council of the City of Fayetteville, Arkansas hereby calls upon state and federal lawmakers to provide additional funding and resources to support local efforts to combat the housing crisis. Section 6: That the City Council of the City of Fayetteville, Arkansas hereby pledges to form regional partnerships with neighboring jurisdictions in developing comprehensive strategies to combat housing insecurities, recognizing the movement of residents and workers across city lines. Section 7: That the City Council of the City of Fayetteville, Arkansas hereby pledges to establish metrics and regularly assess progress in addressing the housing crisis and to adapt strategies as needed to ensure equitable outcomes for all residents in its jurisdiction. Section 8: That the City Council of the City of Fayetteville, Arkansas hereby requests that the City Clerk transmit copies of this resolution to relevant state and federal officials, as well as to local media outlets, community organizations, regional stakeholders, and other relevant entities to raise awareness of the housing crisis and mobilize support for solutions. Page 2 Page 102 of 286 Pennington, Blake From: D'Andre Jones <dre91732000@gmail.com> Sent: Thursday, March 7, 2024 9:00 AM To: Pennington, Blake Cc: Moore, Sarah; Barnes, Stacy Subject: Re: Resolution to declare housing crisis 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. Looks good Sent from my iPhone On Mar 7, 2024, at 8:47 AM, Pennington, Blake <bpennington@fayetteville-ar.gov> wrote: Thank you. We still need to confirm Councilmember Jones's approval and then we'll get it in Civic Clerk for the next agenda. Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bDenninatonBfavetteville-ar.aov Direct: 479.575.8312 www. fayettev i l l e-a r. g ov <image002.png> From: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Sent: Thursday, March 7, 2024 8:46 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov>; D'Andre Jones <dre91732000@gmail.com> Cc: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: Re: Resolution to declare housing crisis This looks good to me and I am on board to cosponsor with Councilmember Jones. Thanks for putting this together. Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 <image001.png> Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Page 103 of 286 Speak up on City projects: https://speakuP.fayetteviIIe-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov From: Pennington, Blake <bpennington@fayetteville-ar.gov> Date: Wednesday, March 6, 2024 at 3:17 PM To: D'Andre Jones <dre91732000@gmail.com>, Moore, Sarah <sarah.moore@fayetteville- a r. gov> Cc: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Subject: RE: Resolution to declare housing crisis Good afternoon, D'Andre and Sarah. We are putting together the tentative agenda which will go out sometime tomorrow. I wanted to follow up with you to confirm 1) sponsorship/co-sponsorship; and 2) whether the draft resolution meets with your approval. If we are able to resolve both of those questions by this afternoon or tomorrow morning this item will be included in the tentative agenda. If not, it will need to be added at the agenda session next Tuesday. Thank you, Blake E. Pennington Senior Assistant City Attorney City of Fayetteville, Arkansas bpennington(a-)-fayetteville-ar.gov Direct: 479.575.8312 www.favetteville-ar.gov <image005.png> From: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Sent: Tuesday, March 5, 2024 3:07 PM To: D'Andre Jones <dre91732000@gmail.com>; Moore, Sarah <sarah.moore@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: Resolution to declare housing crisis Sarah should have received it from Blake before lunch. Please let me know if you both approve or want to make any changes. From: D'Andre Jones <dre91732000@gmail.com> Sent: Tuesday, March 5, 2024 10:47 AM To: Barnes, Stacy <sbarnes@favetteville-ar.gov>; Moore, Sarah <sarah.moore@favetteville-ar.gov> Cc: Pennington, Blake <bpennington@favetteville-ar.gov> Subject: Re: Resolution to declare housing crisis 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. Hey Stacy can you add Sarah Moore as a co sponsor) I I have included her in the email. Page 104 of 286 Sent from my iPhone On Mar 5, 2024, at 10:43 AM, Barnes, Stacy <sbarnes@fayetteville-ar.gov> wrote: Attached please find the Resolution you requested be added to the agenda on March 19th. Please let me know if this meets you approval so I can get it added. Thanks! sta c� P'a !ewes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 1 Website I Facebook I Twitter I Instagram I YouTube <image006.png> <RES - Declare a Housing Crisis within the City.docx> Page 105 of 286 Civic Clerk Item No.: 2024-1811 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2024 FROM: Council Member D'Andre Jones Council Member Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: A RESOLUTION TO DECLARE A HOUSING CRISIS WITHIN THE CITY OF FAYETTEVILLE APPROVED FOR AGENDA: Approved by email 3/7/2024 City Council Member Date D'Andre Jones Approved by email 3/7/2024 City Council Member Date Sarah Moore March 7, 2024 Blake Penningtow Date Senior Assistant City Attorney Approved as to form Page 106 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Revisions to Section 39.10 Water and Wastewater Damage Claims RECOMMENDATION: 2024-1790 This memorandum requests revisions to the Water and Wastewater Damage Claims Ordinance which I feel will benefit the residents as well as city staff. This ordinance was recently amended in September of this year to enable the City Council to exceed the $50,000 cap on payments if the damage was a result of a 36-inch or larger water pipe. BACKGROUND: The biggest driver to this request is because of the rising costs of labor and materials we have been experiencing. In today's economy, the current $50,000 ceiling does not provide the funds to repair the damage of the substantial water leak and sewage overflows in the City's efforts to facilitate repair of the homeowner's damage. This is true even for the smaller diameter piping incidents. Under the authorization of payments, I feel that the Utilities Director should be permitted to authorize up to $35,000 for a claim. This is in alignment with the dollar amount threshold before a purchase must be approved by the City Council. Additionally, I suggest the ordinance be changed to where the Mayor can authorize a greater amount up to $50,000, and a maximum of $100,000 by the Mayor's recommendation and a two-thirds majority approval by the City Council. DISCUSSION: In addition to funding requests, there are additional items the Utilities Department would like to be considered or amended in the current ordinance. 1. To mitigate further damage during a water or sewage damage incident, the Utilities Director would like to reserve the right to immediately hire (within hours) a remediation service to begin cleaning up the water or sewage that has accumulated in a residence, as well as begin drying the floors and walls with fans and dehumidifiers. This will reduce damage and potentially reduce the repair costs. The cost of the remediation will be added to the total cost of the repairs and factored into the maximum amount allowed for the incident. 2. The Ten States Standards of the Recommended Standards for Wastewater Facilities, 2014 Edition, states, "Homes or buildings where the lowest elevation to have gravity sewer service is less than 1 foot above the cover of either the first upstream or downstream manhole on the sewer main shall have a cleanout with a pop- up type, non -locking cover at an elevation no less than 6-inches below the lowest sanitary facility in the structure." Following this recommendation of installing a backflow preventor would reduce the amount of sewage overflowing into a residence. Remediation outside the structure would be far less expensive. The Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 107 of 286 discussion needed with this request is whether a residence constructed before this standard was implemented is "grandfathered" and exempt. 3. Following a sewage damage claim, the city will require the claimant to install a backflow preventor to prevent damage from a subsequent overflow. Failure to do so may result in the denial of any future damage claims. 4. There should only be one claim filed per structure per incident, regardless if the resident is a renting tenant who does not own the property. Typically, the owner files a damage claim. 5. The language should be clearer pertaining to when the City may wish to retain an experienced and competent adjuster and then rely upon such adjuster's professional analysis to establish possible compensation. This will remove the requirement for each claimant to obtain bids or quotes for all items damaged by water and sewage issues. Additionally, this will reduce the lengthy staff time that is currently employed in processing claims. BUDGET/STAFF IMPACT: None ATTACHMENTS: SRF (#3), Kit Williams Memo and Ordinance Changes Jan 2024 (#4), Memo with 39.10 and 39.11 (#5) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 108 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1790 Revisions to Section 39.10 Water and Wastewater Damage Claims AN ORDINANCE TO AMEND §39.10 WATER AND WASTEWATER DAMAGE CLAIMS AND §39.11 DAMAGE CLAIMS OTHER THAN WATER AND WASTEWATER DAMAGE CLAIMS OF THE FAYETTEVILLE CODE TO INCREASE THE AMOUNT OF COMPENSATION THAT THE CITY COUNCIL CAN AWARD WHEREAS, the City of Fayetteville is authorized to pay reasonable claims of citizens damaged by water and sewer infrastructure problems and uninsured city vehicles, equipment, infrastructure and personnel even though statutory sovereign immunity protects our taxpayers for such unintentional, actions even if negligent; and WHEREAS, a dozen years have passed since these code sections were enacted by the City Council and recent inflationary pressures necessitate an increase in the City Council's authority to grant reasonable compensation for appropriate claims. NOW, THEREFORE, 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 amends § 39.10 and § 39.11 of the Fayetteville Code to increase the City Council's authority to grant reasonable compensation to citizens whose property have been damaged by City infrastructure or personnel by repealing the current § 3 9. 10 and § 3 9. 11 and by enacting new § 3 9. 10 and § 3 9. 11 as shown on Exhibit A attached to this ordinance to more properly compensate a person whose property has been damaged. Page 1 Page 109 of 286 Tim Nyander Submitted By City of Fayetteville Staff Review Form 2024-1790 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2024 WATER SEWER (720) Submitted Date Division / Department Action Recommendation: Utilities staff requests revisions to Section 39.10 Water and Wastewater Damage Claims of the Fayetteville City Code. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: Page 110 of 286 FROM: Kit Williams, City DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Susan Norton, Chief of Staff Tim Nyander, Utilities Director Attorney DATE: January 25, 2024 RE: Amendments to § 39.10 and § 39.11 Claims Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney -y Barnes Paralegal I received Tim's proposed amendments for § 39.10 Water and Wastewater Damage Claims and rewrote proposed new sections (13)(5) and (6) for brevity and clarity. I did not change the proposed dollar amounts amendments in (C)(4). I did shorten and clarify (C)(5). § 39.10(C) (5) never did require claimants to submit bids or quotes (that was probably your SOP), so we do not need to mention them. We did and still do require documentary evidence of insurance coverage in (C)(3). § 39.10 and § 39.11 Damage Claims Other Than Water and Wastewater Damage Claims were drafted together, mirrored each other for allowed compensation amounts, and enacted together. To continue this uniformity, I believe we should increase the allowed compensation authorized in § 39.11(C)(4) to the identical levels in § 39.10(C)(4). Attached please find my proposed amendments to both Code sections in red. Page 111 of 286 39.10 Water And Wastewater Damage Claims (A) Establishment of Property Damage Claim Compensation Policy. (1) Without waiving its statutory sovereign immunity, the city establishes the following voluntary policy governing the permissible payment of reasonable compensation for property damage claims proximately caused by a failure of the municipally owned water or wastewater infrastructure system that results in a trespass into and damage to private property. (B) Requirements for Property Damage Claims To Be Eligible for Compensation. (1) The cause of the damage must be directly attributed to a failure of municipal infrastructure owned and operated by the Fayetteville Water and Wastewater utility, and cannot be associated with or caused by a private sewer or water connection or service line. (2) The failure must not be caused by factors beyond the city's control such as loss of electrical service; flooding of its infrastructure; acts of third parties; failure of claimants to properly maintain protective devices (back flow valves, check valves, clean out caps, etc.); acts of God; and other circumstances beyond the city's control. (3) A claim form must be completed in writing and submitted to the Mayor's Office within thirty (30) days of property damage occurrence. Claim forms may be supplemented later with additional information, bills, etc. as allowed by the Utilities Director of the City of Fayetteville. Failure to submit the initial claim form within thirty (30) days of the incident terminates the claimant's opportunity to request compensation. (4) When a possible water leak claim has been promptly called to the attention of water and sewer staff who initially could not detect or determine the cause of such leak which then caused the property owner to invest in sump pumps and/or other reasonable measures to protect its property, compensation for such property damage prevention efforts may be paid pursuant to this article if a compensable water leak is later discovered or confirmed by city staff. (5) A property owner requesting compensation due to a sewer overflow shall install at the property owner's expense an approved sewer backflow prevention device prior to receiving city compensation for such sewer overflow. (6) City staff is authorized to promptly hire a remediation/mitigation service for a likely compensable water or sewer claim. The City shall pay for this cost as part of the entire cost of the compensable claim. A property owner's refusal or hinderance of this remediation/mitigation service shall reduce or even eliminate the property owner's damage claim. (C) Limitation of Any Compensation That Might Be Paid. (1) Because the City of Fayetteville is protected by sovereign immunity, the city shall pay no compensation for any alleged damage associated with or related to any alleged personal injury (except a medical insurance deductible or co -payment) or any other damage except for property damage. (2) Compensation which may be paid for damage to property shall be limited to the cost of cleaning or repair of the damage or, in the event that the cost of cleaning or repair exceeds the fair market value of the subject property, less salvage value, compensation shall be limited to the fair market value of the damaged property less any salvage value. No compensation shall be paid for inconvenience, loss of use, loss of profits or rents, consequential damages, or anything other than cleaning, repair or replacement of property, and, in extreme cases, dislocation expenses not to exceed three (3) days. (3) No payment by the city may accrue to the benefit, directly or indirectly, of an insurance carrier, nor for any damage if such is covered by any insurance policy. If the insurance company waives any (Supp. No. 31) Created: 2023-12-07 10:26:43 [EST] Page 1 of 4 Page 112 of 286 subrogation right, the city may pay an amount equal to the deductible already paid by the claimant for a property damage claim. Claimants shall be required to provide documents satisfactory to the city establishing their insurance coverage or lack thereof for any claim. (4) The Utilities Department Director may not authorize any payment greater than $35,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $35,000.00 by resolution, but in no case shall the city pay more than $50,000.00 pursuant to this claims procedure for a damage claim related to a water or wastewater utility infrastructure occurrence unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (%) majority approves an exemption from the $50,000.00 damage cap and approves a payment up to $100,000.00. amount ef less aGWally suffeFed by such elai en such ceFtified estimate insuFanee adjuster hiFed by the city whe shall Fepert and ceFtify tG the City Couneffil the estimated tetal (5) The Water and Sewer Utility Department is empowered and authorized to hire and rely upon an experienced insurance adjustor's professional analysis to establish reasonable compensation for any claim. (6) This subsection does not pertain to nor affect in any manner the motor vehicle liability insurance requirements of A.C.A. §21-9-303 nor the claims procedure and limitations to comply with that state law. (D) Discretion of the City. (1) The city acting through its Utilities Department Director has complete and sole discretion whether or not to pay any compensation pursuant to this section if the claimant has properly and timely submitted the claim form and all necessary documentation. This section provides no right to compensation for any claimant, nor any right to appeal to the Mayor or City Council. (E) Release Required if Compensation Paid. (1) If the city offers to pay any compensation pursuant to this section, the claimant must sign a full release to receive the compensation offered by the city. (Ord. No. 5504, 6-5-12; Ord. No. 5938, §1, 12-20-16; Ord. No. 6576, §1, 6-21-22; Ord. No. 6684, §1, 9-19-23) 39.11 Damage Claims Other Than Water And Wastewater Damage Claims (A) Establishment of Property Damage Claim Compensation Policy. (1) Without waiving its statutory sovereign immunity, the city establishes the following voluntary policy governing the permissible payment of reasonable compensation for property damage claims (other than water and wastewater) proximately caused by uninsured city vehicles, equipment, infrastructure, or personnel activities. Claims relating to city vehicles which are insured shall be handled by the city's insurance adjustor (currently the Municipal League) except that very small property damage claims may be voluntarily paid by the city if a full release is obtained. (B) Requirements for Property Damage Claims to Be Eligible for Compensation. (Supp. No. 31) Created: 2023-12-07 10:26:43 [EST] Page 2 of 4 Page 113 of 286 (1) The cause of the damage must be directly attributed to a malfunction of such uninsured vehicle or equipment, neglect or misuse of such equipment by city personnel, dangerous disrepair of city infrastructure, or other similar situation. (2) Any problem with the city's infrastructure that causes damage must not have been caused by factors beyond the city's control such as floods, tornados, ice storms or other acts of God, nor by acts of third parties, nor by the failure of a claimant to act in a reasonably prudent manner. (3) A claim form must be completed in writing and submitted to the Mayor's Office within thirty (30) days of damage occurrence. Claim forms may be supplemented later with additional information, bills, etc. as allowed by the Chief of Staff of the City of Fayetteville. Failure to submit the initial claim form within thirty (30) days of the incident terminates the claimant's opportunity to request compensation. (C) Limitation of Any Compensation That Might Be Paid. (1) Because the City of Fayetteville is protected by sovereign immunity, the city shall pay no compensation for any alleged damage associated with or related to any alleged personal injury (except a medical insurance deductible or co -payment) or any other damage except for property damage. (2) Compensation which may be paid for damage to property shall be limited to the cost of repair of the damage or, in the event that the cost of repair exceeds the fair market value of the subject property, less salvage value, compensation shall be limited to the fair market value of the damaged property less any salvage value. No compensation shall be paid for inconvenience, loss of use, loss of profits or rents, consequential damages, or anything other than repair or replacement of property. (3) No payment by the city may accrue to the benefit, directly or indirectly, of an insurance carrier, nor for any damage if such is covered by any insurance policy. If the insurance company waives any subrogation right, the city may pay an amount equal to the deductible already paid by the claimant for a property damage claim. Claimants shall be required to provide documents satisfactory to the city establishing their insurance coverage or lack thereof for any claim. (4) The Chief of Staff may not authorize any payment greater than $35,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $35,000.00 by resolution, but in no case shall the city pay more than $50,000.00 pursuant to this claims procedure for a damage claim unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (%) majority approves an exemption from this $50,000.00 damage cap and approves a payment up to $100,000.00. (5) This subsection does not pertain to nor affect in any manner the motor vehicle liability insurance requirements of A.C.A. §21-9-303, nor the claims procedure and limitations to comply with that state law. (D) Discretion of the City. (1) The city acting through its Chief of Staff has complete and sole discretion whether or not to pay any compensation pursuant to this section if the claimant has properly and timely submitted the claim form and all necessary documentation. This section provides no right to compensation for any claimant, nor any right to appeal to the Mayor or City Council. (2) The city does not waive its sovereign immunity by considering whether or not to voluntarily pay any portion of a damage claim submitted for review under this section. The decision of the city is final and unappealable to any court. (E) Release Required if Compensation Paid. (1) If the city offers to pay any compensation pursuant to this section, the claimant must sign a full release to receive the compensation offered by the city. (Supp. No. 31) Created: 2023-12-07 10:26:43 JEST] Page 3 of 4 Page 114 of 286 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate CC: Susan Norton, Chief of Staff Assistant City Attorney Tim Nyander, Utilities Director Stacy Barnes Paul Becker, Chief Financial Officer Paralegal �" FROM: Kit Williams, City Attorney DATE: February 28, 2024 RE: Amendments to § 39.10 and § 39.11 Claims I consulted and worked with Utilities Director Tim Nyander and Chief of Staff Susan Norton to update § 39.10 Water and Wastewater Damage Claims. Tim sought an increase in his authority to pay $35,000 and then authorizing the Mayor and City Council to increase damage payments to $50,000 and in extreme cases up to $100,000 with two thirds vote by the City Council. With Chief of Staff Susan Norton s approval, these proposed changes have been drafted into § 39.10. To protect the City's rate payers, a new provision requires that any property owner seeking compensation for sewer backup damages would have to install a sewer backflow preventer prior to receiving compensation from the City. This should prevent future interior sewer backup damages from a known dangerous location. The new section also explicitly allows the City to promptly hire a remediation/ mitigation service for a likely compensable water or sewer claim to prevent continuing and increasing damage from the water or sewer overflow. Page 115 of 286 The Water and Sewer Utility Department is also "empowered and authorized to hire and rely upon an experienced insurance adjustor's professional analysis to establish reasonable compensation for any claim." § 39.10 and § 39.11 Damage Claims Other Than Water and Wastewater Damage Claims were created and enacted together and mirrored each other in allowing certain amounts of compensation to be allowed for a substantiated claim. We, therefore, have proposed amending § 39.11 to match the new levels of compensation for § 39.10. These compensation code sections were originally suggested and drafted by my office both to create a more consistent and fair compensation system and to avoid an Equal Protection of the Law legal challenge that a purely ad hoc compensation system might inspire. With increased labor, equipment and pipe costs, this change is needed to give Tim and Susan as well as the Mayor and Council enough authority to properly compensate damaged citizens. 2 Page 116 of 286 39.10 Water And Wastewater Damage Claims (A) N (C) Establishment of Property Damage Claim Compensation Policy. EXHIBIT A (1) Without waiving its statutory sovereign immunity, the city establishes the following voluntary policy governing the permissible payment of reasonable compensation for property damage claims proximately caused by a failure of the municipally owned water or wastewater infrastructure system that results in a trespass into and damage to private property. Requirements for Property Damage Claims To Be Eligible for Compensation. (1) The cause of the damage must be directly attributed to a failure of municipal infrastructure owned and operated by the Fayetteville Water and Wastewater utility, and cannot be associated with or caused by a private sewer or water connection or service line. (2) The failure must not be caused by factors beyond the city's control such as loss of electrical service; flooding of its infrastructure; acts of third parties; failure of claimants to properly maintain protective devices (back flow valves, check valves, clean out caps, etc.); acts of God; and other circumstances beyond the city's control. (3) A claim form must be completed in writing and submitted to the Mayor's Office within thirty (30) days of property damage occurrence. Claim forms may be supplemented later with additional information, bills, etc. as allowed by the Utilities Director of the City of Fayetteville. Failure to submit the initial claim form within thirty (30) days of the incident terminates the claimant's opportunity to request compensation. (4) When a possible water leak claim has been promptly called to the attention of water and sewer staff who initially could not detect or determine the cause of such leak which then caused the property owner to invest in sump pumps and/or other reasonable measures to protect its property, compensation for such property damage prevention efforts may be paid pursuant to this article if a compensable water leak is later discovered or confirmed by city staff. Limitation of Any Compensation That Might Be Paid. (1) Because the City of Fayetteville is protected by sovereign immunity, the city shall pay no compensation for any alleged damage associated with or related to any alleged personal injury (except a medical insurance deductible or co -payment) or any other damage except for property damage. (2) Compensation which may be paid for damage to property shall be limited to the cost of cleaning or repair of the damage or, in the event that the cost of cleaning or repair exceeds the fair market value of the subject property, less salvage value, compensation shall be limited to the fair market value of the damaged property less any salvage value. No compensation shall be paid for inconvenience, loss of use, loss of profits or rents, consequential damages, or anything other than cleaning, repair or replacement of property, and, in extreme cases, dislocation expenses not to exceed three (3) days. (3) No payment by the city may accrue to the benefit, directly or indirectly, of an insurance carrier, nor for any damage if such is covered by any insurance policy. If the insurance company waives any subrogation right, the city may pay an amount equal to the deductible already paid by the claimant for a property damage claim. Claimants shall be required to provide documents satisfactory to the city establishing their insurance coverage or lack thereof for any claim. (4) The Utilities Department Director may not authorize any payment greater than $10,000.00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $10,000.00 by resolution, but in no case shall the city pay more than $25,000.00 pursuant to this claims procedure for a damage claim related to a water or wastewater utility infrastructure occurrence (Supp. No. 31) Created: 2023-12-07 10:26:43 [EST] Page 1 of 3 Page 117 of 286 unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (%) majority approves an exemption from the $25,000.00 damage cap and approves a payment up to $50,000.00. (5) If damage to a residential or commercial property is caused by the failure or rupture of a 36-inch or greater pressurized water transmission line and water from such failure or rupture causes such catastrophic damage to residential or commercial property that exceeds the $50,000.00 limit of §39.10(C)(4), such claim should be investigated and reviewed by an experienced and competent insurance adjuster hired by the city who shall report and certify to the City Council the estimated total amount of loss actually suffered by such claimant. The City Council may rely on such certified estimate and by two-thirds (%) vote may then decide to authorize payment to the claimant up to $100,000.00 as a further exemption from the normal $25,000.00 damage cap. (6) This subsection does not pertain to nor affect in any manner the motor vehicle liability insurance requirements of A.C.A. §21-9-303 nor the claims procedure and limitations to comply with that state law. (D) Discretion of the City. (1) The city acting through its Utilities Department Director has complete and sole discretion whether or not to pay any compensation pursuant to this section if the claimant has properly and timely submitted the claim form and all necessary documentation. This section provides no right to compensation for any claimant, nor any right to appeal to the Mayor or City Council. (E) Release Required if Compensation Paid, (1) If the city offers to pay any compensation pursuant to this section, the claimant must sign a full release to receive the compensation offered by the city. (Ord. No. 5504, 6-5-12; Ord. No. 5938, §1, 12-20-16; Ord. No. 6576, §1, 6-21-22; Ord. No. 6684, §1, 9-19-23) 39.11 Damage Claims Other Than Water And Wastewater Damage Claims (A) Establishment of Property Damage Claim Compensation Policy. (1) Without waiving its statutory sovereign immunity, the city establishes the following voluntary policy governing the permissible payment of reasonable compensation for property damage claims (other than water and wastewater) proximately caused by uninsured city vehicles, equipment, infrastructure, or personnel activities. Claims relating to city vehicles which are insured shall be handled by the city's insurance adjustor (currently the Municipal League) except that very small property damage claims may be voluntarily paid by the city if a full release is obtained. (B) Requirements for Property Damage Claims to Be Eligible for Compensation. (1) The cause of the damage must be directly attributed to a malfunction of such uninsured vehicle or equipment, neglect or misuse of such equipment by city personnel, dangerous disrepair of city infrastructure, or other similar situation. (2) Any problem with the city's infrastructure that causes damage must not have been caused by factors beyond the city's control such as floods, tornados, ice storms or other acts of God, nor by acts of third parties, nor by the failure of a claimant to act in a reasonably prudent manner. (3) A claim form must be completed in writing and submitted to the Mayor's Office within thirty (30) days of damage occurrence. Claim forms may be supplemented later with additional information, bills, etc. as allowed by the Chief of Staff of the City of Fayetteville. Failure to submit the initial claim form within thirty (30) days of the incident terminates the claimant's opportunity to request compensation. (C) Limitation of Any Compensation That Might Be Paid. (Supp. No. 31) Created; 2023-12-07 10:26:43 [EST] Page 2 of 3 Page 118 of 286 (1) Because the City of Fayetteville is protected by sovereign immunity, the city shall pay no compensation for any alleged damage associated with or related to any alleged personal injury (except a medical insurance deductible or co -payment) or any other damage except for property damage. (2) Compensation which may be paid for damage to property shall be limited to the cost of repair of the damage or, in the event that the cost of repair exceeds the fair market value of the subject property, less salvage value, compensation shall be limited to the fair market value of the damaged property less any salvage value. No compensation shall be paid for inconvenience, loss of use, loss of profits or rents, consequential damages, or anything other than repair or replacement of property. (3) No payment by the city may accrue to the benefit, directly or indirectly, of an insurance carrier, nor for any damage if such is covered by any insurance policy. If the insurance company waives any subrogation right, the city may pay an amount equal to the deductible already paid by the claimant for a property damage claim. Claimants shall be required to provide documents satisfactory to the city establishing their insurance coverage or lack thereof for any claim. (4) The Chief of Staff may not authorize any payment greater than $10,000,00 for any claim pursuant to this section. The Mayor may request the City Council to authorize an amount greater than $10,000.00 by resolution, but in no case shall the city pay more than $25,000.00 pursuant to this claims procedure for a damage claim unless in an extraordinary case the Mayor recommends and the City Council by two-thirds (%) majority approves an exemption from this $25,000.00 damage cap and approves a payment up to $50,000.00. (5) This subsection does not pertain to nor affect in any manner the motor vehicle liability insurance requirements of A.C.A. §21-9-303, nor the claims procedure and limitations to comply with that state law. (D) Discretion of the City. (1) The city acting through its Chief of Staff has complete and sole discretion whether or not to pay any compensation pursuant to this section if the claimant has properly and timely submitted the claim form and all necessary documentation. This section provides no right to compensation for any claimant, nor any right to appeal to the Mayor or City Council. (2) The city does not waive its sovereign immunity by considering whether or not to voluntarily pay any portion of a damage claim submitted for review under this section. The decision of the city is final and unappealable to any court. (E) Release Required if Compensation Paid. (1) If the city offers to pay any compensation pursuant to this section, the claimant must sign a full release to receive the compensation offered by the city. (Ord. No. 5505, 6-5-12; Ord. No. 6576, §§ 1, 2, 6-21-22) (Supp. No. 31) Page 3 of 3 Created: 2023-1Z-07 10:26:43 [EST] Page 119 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney SUBJECT: Proximity to Schools as STR Type 2 Factor CITY COUNCIL MEMO 2024-1787 RECOMMENDATION: The Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 school to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Packet - STIR Type 2 Proximity To Schools As Factor (#3) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 120 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1787 Proximity to Schools as STR Type 2 Factor AN ORDINANCE TO AMEND SUBSECTION (H) OF § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS, the Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE, 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 repeals § 163.18 (H) and enacts a new (H) as follows: "(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line." Page 1 Page 121 of 286 Civic Clerk Item No.: 2024-1787 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2024 FROM: Council Member Holly Hertzberg Ordinance Review Committee Chair ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND SUBSECTION (H) OF § 163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER APPROVED FOR AGENDA: v ..4✓ 2f�� Council Member Holly ertzberg Date Ordinance Review C mittee Chair Senior Assistant City(/Attorney Blake Pennington Approved as to form 2/28/24 Date Page 122 of 286 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (H) OF §163.18 TYPE 2 SHORT-TERM RENTALS IN RESIDENTIAL ZONING DISTRICTS OF THE UNIFIED DEVELOPMENT CODE TO INCLUDE PROXIMITY TO SCHOOLS AS A FACTOR FOR THE PLANNING COMMISSION TO CONSIDER WHEREAS, the Ordinance Review Committee recommends approval of an ordinance adding proximity to public and private K-12 schools to the factors the Planning Commission may consider on Type 2 short-term rental conditional use permit applications. NOW THEREFORE, 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 repeals § 163.18 (H) and enacts a new (H) as follows: "(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; (4) Prior zoning or code violations; and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line." Page 123 of 286 163.18 Type 2 Short -Term Rentals in Residential Zoning Districts _(H) Short-term rentals in residential zoning districts may be subject to denial or additional conditions based upon the Planning Commission's findings on the following factors: (1) Adequate parking infrastructure; (2) Adequate adjoining or nearby streets for on -street parking; (3) Frequency or concentration of nearby licensed Type 2 short-term rentals; a-R4 (4) Prior zoning or code violations... and (5) Proximity to public or private K-12 schools when the proposed property is within 1,000 feet of the school boundary line. (Supp. No. 31) Created: 2023-12-07 10:27:04 [EST] Page 1 of 1 Page 124 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 TO: Mayor Jordan and City Council THRU: FROM: Blake Pennington, Assistant City Attorney SUBJECT: Short Term Rental Notification Requirements CITY COUNCIL MEMO 2024-1784 RECOMMENDATION: The Ordinance Review Committee recommends the approval of an ordinance amending the notification provisions of the Unified Development Code to require notification of Type 2 short term rental applications to landowners and residents within 300 feet of the boundary line of the property on which the short term rental is proposed. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: Agenda Request Packet - STR Notification Amendment (#3) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 125 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1784 Short Term Rental Notification Requirements AN ORDINANCE TO AMEND SUBSECTION (C) OF § 157.05 CONDITIONAL USE PERMIT IN § 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS, the Ordinance Review Committee recommends approval of an ordinance increasing the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. NOW, THEREFORE, 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 repeals § 157.05 (C) and enacts a new (C) as follows: "(C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed." Page 1 Page 126 of 286 Civic Clerk Item No.: 2024-1784 AGENDA REQUEST FORM FOR: Council Meeting of March 19, 2024 FROM: Council Member Holly Hertzberg Ordinance Review Committee Chair ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND SUBSECTION (C) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL APPROVED FOR AGENDA: vo/� -A4Council Member Hol Hertzberg Ordinance Review ' ommittee Chair Senior Assistant 6ty Attorney Blake Pennington Approved as to form Z/28 J2y Date 2/28/24 Date Page 127 of 286 ORDINANCE NO. AN ORDINANCE TO AMEND SUBSECTION (C) OF § 157.05 CONDITIONAL USE PERMIT IN CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS OF THE UNIFIED DEVELOPMENT CODE TO REQUIRE PUBLIC NOTIFICATION TO LANDOWNERS AND RESIDENTS WITHIN 300 FEET OF THE BOUNDARY LINE OF A PROPOSED TYPE 2 SHORT TERM RENTAL WHEREAS, the Ordinance Review Committee recommends approval of an ordinance increasing the distance for notification of proposed Type 2 short term rentals from 200 feet to 300 feet. NOW THEREFORE, 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 repeals § 157.05 (C) and enacts a new (C) as follows: (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open- air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed. (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed. Page 128 of 286 157.05 Conditional Use Permit Notification of public hearings for conditional use permits shall occur as follows: (A) Public Hearing Required. A public hearing shall be held by the Planning Commission for consideration of a conditional use permit. (B) Notice of Public Hearing. The applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to the Planning Commission meeting. Proof of notice shall be provided as required by this chapter. (3) Appeal of Planning Commission Denial of Conditional Use Permit Request. Applicants for a conditional use permit denied by the Planning Commission must give both the written and posted notice of the appeal to the City Council as specified in this section at least fifteen (15) days prior to the City Council meeting. Proof of notice shall be provided as required by this chapter. (C) Special Uses. The following conditional use permits require more stringent notification. Applicants applying for consideration of the following uses must meet the following additional notification criteria: (1) Dance halls; facilities emitting odors and facilities handling explosives; wireless communication facilities; carnival, circus, amusement park or similar temporary open-air enterprises; outdoor music establishments; and sexually oriented businesses shall notify all landowners and residents within 500 feet of the boundary line of the property on which the use is proposed.; (2) Type 2 short term rentals shall notify all landowners and residents within 300 feet of the boundary line of the property on which the use is proposed. (Supp. No. 31) Created: 2023-12-07 10:27:02 [EST] Page 1 of 1 Page 129 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1781 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 SUBJECT: VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718): Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. RECOMMENDATION: Staff recommends approval of VAC-2023-0014 as shown in the attached Exhibits'A' and 'B', and with the following conditions of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located in south Fayetteville on W. Willoughby Rd., approximately'/2 mile north of Drake Field. The property contains approximately 1.14 acres and is currently zoned RSF-4, Residential Single - Family, Four Units per Acre. The property has already been developed with a 2,470 square foot single-family residence and a 925 square foot garage. Conditional use approval was granted for the subject property to allow an accessory structure to be erected exceeding 50% the size of the principal structure in October 2023. During the conditional use permit review, staff discovered a roughly 625 square foot carport that appears to have been added to the west side of the existing home between 2021-2022 based on aerial imagery; however, a building permit was not received for this work prior to construction and it encroaches into a general utility easement. A building permit was submitted in late 2023 to bring the carport into compliance. Request: The applicant proposes to vacate a roughly 15' x 240' portion of an existing general utility easement generally aligning with the western parcel boundary. These easements are required to be vacated in order to bring the existing garage and carport expansion constructed within these easements into compliance. DISCUSSION: The applicant submitted the required approvals with no franchise utility objections, though with added conditions from franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 130 of 286 BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Applicant Request Letter (#6), Petition to Vacate (#7), Survey (#8) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 131 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1781 VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718): Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. AN ORDINANCE TO APPROVE VAC-2023-14 FOR PROPERTY LOCATED AT 490 WEST WILLOUGHBY ROAD IN WARD 1 TO VACATE A 0.08 ACRE PORTION OF GENERAL UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of utility easement is not required for corporate purposes. NOW, THEREFORE, 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 vacates the portion of general utility easement as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of any existing facilities will be at the property owner/developer's expense; and 2. Any private utilities within the vacated easement are not the responsibility of the City of Fayetteville. Page 1 Page 132 of 286 City of Fayetteville Staff Review Form 2024-1781 Legistar File ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/1/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2023-0014: Vacation (490 W. WILLOUGHBY RD/TERMINELLA, 718): Submitted by FRANK TERMINELLA for property located at 490 W. WILLOUGHBY RD. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 1.14 acres. The request is to vacate 0.08 acres of a general utility easement. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 133 of 286 VAC-2023-0014 490 W W I L LO U G H BY RD VAC-2023-0014 Close Up View EXHIBIT 'A' SF - Subject Property Approximate Vacation Boundary Neighborhood Link Unclassified Hillside -Hilltop Overlay District Planning Area _ ! Fayetteville City Limits WILLOUGHBY, w a g J J 0 t� ci Feet 0 75 150 300 450 600 1.2,400 Residential -Agricultural RSF-4 1-1 Heavy Commercial and Light Industrial Page 134 of 286 m__ Airri b= Engineers • Surveyors 7230 S Pleasant Ridge Dr 1 Fayetteville, AR 72704 PH: (479) 442-93501 batesnwa.com VAC-2023-0014 EXHIBIT `B' RE: LEGAL DESCRIPTION FOR PROPOSED PORTION OF UTILITY EASEMENT VACATION FOR 490 W. WILLOUGHBY ROAD PORTION OF UTILITY EASEMENT VACATION: A PART OF LOT 16 OF MILLER ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S03004'04"W 205.36' AND S89006'42"E 10.01' FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 16 AND RUNNING THENCE S89006'42"E 15.01', THENCE S03004'04"W 240.28, TO THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY #156, THENCE ALONG SAID RIGHT-OF- WAY N70047'03"W 6.27' TO AN EXISTING REBAR, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S86°38'56"W 9.04', THENCE LEAVING SAID RIGHT-OF-WAY N03004'04"E 238.98' TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. Page 135 of 286 Planning commission and city council, Concerning the easement vacation required for permit MISC-2023-0228. I am in need of partial vacate of an unused portion of existing general utilities easement in order to move forward with my permit for an existing structure that was mistakenly built without permit. I have acquired the sign offs of the affected utility companies, and they are attached in this application. The overhead line has been adjusted per AEPs requirements. Work was performed on 12-14-2023. The pole was moved approximately 30 feet to the North and 10 feet to the West. The lines were raised 10 feet above elevation of previous pole. (Revised 01-24-2024) Thank you for your time and consideration. Frank Terminella Page 136 of 286 A PART OF LOT 16 OF MILLER ADDITION, TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S03004'04"W 205.36' AND S89006'42"E 10.01, FROM AN EXISTING REBAR MARKING THE NORTHWEST CORNER OF SAID LOT 16 AND RUNNING THENCE S89"06'42"E 15.01', THENCE S03°04'04"W 240.28' TO THE NORTH RIGHT-OF-WAY OF ARKANSAS HIGHWAY #156, THENCE ALONG SAID RIGHT-OFWAY N70"47'03"W 6.27' TO AN EXISTING REBAR, THENCE CONTINUING ALONG SAID RIGHT-OF-WAY S86"38'56"W 9.04', THENCE LEAVING SAID RIGHT-OF-WAY N03004'04"E 238.98' TO THE POINT OF BEGINNING, CONTAINING 0.08 ACRES, MORE OR LESS. PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN lot 16, tract 2, miller CITY OF FAYETTEVILLE, ARKANSAS subdivision TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easement hereinafter sought to be abandoned and vacated, lying in I lot 16, tract 2, miller subdivision Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: That the abutting real estate affected by said abandonment of the alley are NA/ , N/A, 3 3 -16 - 3 0 FAYETTEVILLE OUTLOTS lCity of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. Dated this 26 day of October 12023 Frank Terminella Printed Name Signature Frank Terminella Printed Name Page 137 of 286 EASEMENT VACATION EXHIBIT 1 -- - - - - - - - ---_-- CURVETABLE 58]°1671"E 329.78' TS t'URV'1: RADIUS ARCLEN(il'H C'HORDLENGTH (NO DBEARINCi UEI.I:4 ANGLE I'ANC�(.NI (N...)Cl 107J4' 9 .69' 41 65' S 13"222S" 50°3244" jll6 WI I ----_---_--- C2 III)_3A' IIM)3' 1(1239' Slfi"35'10"E M1"Sx'14" _N'_4' PO I I CORNER z I LO a LOT 16 •+ I I F .. 16s r_ $ I OVER IIILIILLTOP OVERLAY _ �R �4�RP�PP� I New DISTRICT _ HHODAPPROX. LOC. —'L. �(1,E.(-FR - , I 'ZD.p• I I $ -G+ TRACT I (PER 202140640) I BASE, OF BEARIN., el I I� NOT PART UPS OBSERVATION -AR NORTH LONE.a I I wI I= PARCLL#765-884]5-0B2 II $I PARCELK)65-flRl7"00 RFFENENCE OOCUMhN'fS: OOKPA FINAL PLAT OF MIL— e AT(: ADDITION 11 FILED IN bRVEYFREGI 16 I� ZI SHED-on 2111—U 1SPA AT GE M6IRN I I i GRAVEL I I I I 31 WRRANTY-0E-9IAYMAP IOB N'O. R4w59 I - 41 wr s ��I BOOK 2N5 ATT PAGE 106]7N I $ I • _ EXISTNG l I I 510UMLAIMDEEDFILEDIN I I pr HODSE I I tlUMLAIMD EDFILEAGE 12 fi10UTTCLAIM DEEDFILED IN I $ C'ON(--\VALE PORCH : r 1 BOOK Don AT PAGE 526 11 F:ASFM389AT:FOFILFDM NOOK 13R9AFPAGFR3) 1�---I�374%DECKw ' S 1 I— I A I I PORTIO\ IR I $ I Y CDNGRTH, I> I EASEMENT V':\CATION I I I w` EXISTING $ 10 g HOUSE "' I w I'a I S %9°06'43" E 169.62' M I 10.011. 151E I I I I I I I I OPFRTY>.ONED: HILLSIDE, HILLTOPOVERLAYDISTRILTIHHGDI CONCRETE O I I I 10 PARCEL-50475-IR13FRON 1= $ I I BUILDING SETDACICS: T I IQ SPOTOSB�—z—x—z—x REAR ISO 11.9' I:-c Iry I p g 13 HOUSE - 3 MTRACT 2„(PER 202140640) I I 1.14 ACRES+/- �OF AbT PARCEL 076DX475 -W I IOlAL ACREAGE y GF LTILITY EASEMENT VACATION ,,(HATCHED) = I c O I I I I , . j� �aA38 S`yJ I '^ea aKcy61' I I I 1 nvY a l9- - S I I SSA°1815M1"W 70-4, Q' 40' 80' 120' CONCRETE- IFDRAIN I D,I° W. _.. ..-..-..� lO3O III - --. I ,60.BT zyD• - -- 2'DUE(ER5--a I . _ I IIII I I GRAPHIC SCALE ON FEET) I NO -40R ---- --- ---�--- N84°49'13"W IB].22'-126.35' _-_15.01 1 I STORM PII'I-S -- L2 — — — —�— _ 30'ASPHALT-PUBLICR/W ARSTATE H/GHWAYk1561 WI WILLOUGHBY ROAD MEIG HBORHODD LINK) WIp TH VARIESPERA311D !L 55'MIN 308k - MAXR/W(PERM.S.P.) R40059 SURVEY DESCRIPTIONS TRACT 21PER SURVEY 2021.4" 101: A PART OF LOT 160E MILLER ADDITION. TO 1'HE CH Y OF FAYE ITEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF W ASHINGTON MEN IY. ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. T(1-WIT: BEGINNING AT A POINT WHICH IS S03°04'04"W 105.36 FROM AN EX1S'FINGi REHAB MARKING l'HE NORTH W EST CORNER OF SAID LOT 16 AND RUNNING THENCE S89°06'42"E 169AT I O HE CENTERLINE OF AN EXISTING CONCRETE DRIVEWAY. THENCE ALONG SAID DRIVEWAY CENTERLINE 'THE FOLLOWING: ALONG A CURVE 'DO'FHE RIGHT HAVING A RADIUS OF 10].34' FOR A CHORD BEARING AND DISTANCE OF SHV35'FVE W2.3V 10 AN EXISTING CHISELED "%", SI5-13'10"W W.M' "TO AN EXISTING CHISELED "X". SM-54.0 -W WE IV TO AN EXISTING CHISELED ON THE NORTH RIGHTAF-WAY OF ARKANSAS HIGHWAY 0156. THENCE LEAVING SAID DRIVEWAY CENTERLINE AND ALONG SAID RIGH"I' DF-WAY 1'HE FOLLOWING: N84°49'13"W 60.87I D AN EXISTING, R1GH'F-OF-WAY -MONUMENT, N70°47103"W 103 08"TO AN EXISTING REBAR, S86°38'56-W 19.I V *10 AN EXISTING BEBAFE THENCE LEAVING SAID RIGH T-OF-WAY NO3°06FN"E 239.72' T O'1'HE POINT OF BEGINNING, CONTAINING 1.14 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMEN IS AND RIGHT'S -OF -WAY OF RECORD. PORT ION OF U'1ILH Y FASFVILN IVACA I ION: \P'.ART OF LOT 1601- MILLERADDITION. 10 I'TI (:11'Y OF PAYEI"I'EVILLE,ARKANSAS. .AS PER PLAT OF SAIDADO,IIONON FILLIN III UFFREOF :CIRGUl l C'LFRK .AND EX-OFH('IO RECORDER OF W ASHINUT UN COUNTY. ARKANSAS, FILING MORE PAR I N FLARLY DESCRIBED AS FOLLOWS. N'TI': BLGI NNING AI' A PUIN I' W HIC'I'I IS S03°W-1_05,36 AND 189"0H42"F 1001- FROM AN LXIS PING RLRAR MARKING I'HE NORTH W EST CORNET, SAID LOT 16 AND RUNNING fRENC'E S89°06'42"E15AF, TFILNCE SDY(M'W"W 240.28.10 THE NOR'I"H HI1 RI(P-WAY 01: ARKANSAS HIGHWAY n156. NCE ALONG SAID RIGH'F11F-WAY N70°47'03"W' 6_'T 10 AN EXISTING REBAR.I HENCE CI)N I IN(JIN(i ALONC SAID RIGill-OF-WAN' S86°3S.%-W' 9.IW'. ACE LEAVING SAID RIGHT-OF-WAY NO3°W'04"E 23K119.10 THE RAIN T'OF BEGINNING.CONTAINING 011E ACRES. MORE OR LESS. GIS Approved 01 /22/2024 10:18:06 AM FOR USE AND BEATFITOF- FRANKTERMINELLA /B�a�t�B�$�I`,M Assoaata6 trio_ LEGEND: EE IN DI SYM -P �E ou D N IRE DR xlNc. t' Enttlwn 51uv�yas LRn4uepe AlchMRcla a°e" ® - ® O R IA.Powca V/ FB s1 SOALE /'�40' SIIRKYEO ORKFED .gIC11 G R - - % RIC.AI 11 r I _--_ _ tTIL ttFA5EMn7 W RENEWED DT 00A IP 536o ,y. .x.. .,• wr �e. .,� O ml L VICINITY MAP CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1785 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 SUBJECT: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF- 24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2024-0002 as shown in the attached Exhibits 'A' and '13% and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Ducts shall be provided from the Bob Younkin Street ROW to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment, following the plat layout as requested by AEP/SWEPCO. BACKGROUND: The subject property is in north Fayetteville and contains three parcels (765-24866-000, 765-24865-000, and 765-24864-000) that are approximately 1.16, 1.15, and 1.06 acres. A property line adjustment has been approved to combine all three parcels but has not yet been recorded. The site is currently undeveloped. In September 2023, a large-scale development was approved for the subject property including thirty-two residential structures totaling sixty-four dwelling units. Request: The applicant proposes to vacate a portion of the street right-of-way adjacent to the subject property at the intersection of N. Bob Younkin Dr. and W. Bishop Dr., which totals approximately 140 square feet or 0.003 acres. This ROW is required to be vacated in order to continue with the associated proposed project for multi -family housing. DISCUSSION: City of Fayetteville staff recommends in favor of the requested right-of-way vacation. The applicant submitted the required approvals with no objections, though with added conditions from franchise utility providers. The right-of-way is 140-square feet at the edge of an existing intersection and staff finds the removal of this portion of right-of-way is not likely to impact the existing service of the associated streets. Further, the associated large-scale development includes the addition of public trails, sidewalks, and on -street parking that would Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 139 of 286 facilitate both vehicle and pedestrian transportation. With submittal of the required vacation forms and utility consent, staff recommends approval. At the February 26, 2023 Planning Commission meeting, this item was unanimously forwarded to City Council with a recommendation of approval by a vote of 7-0-0. Commissioner Garlock motioned to forward the request, stating that the request was straightforward, and Commissioner Sparkman seconded. There was no additional discussion. No public comment was provided either prior to or during the public meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 140 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1785 VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. AN ORDINANCE TO APPROVE VAC 24-002 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP STREET IN WARD 3 TO VACATE APPROXIMATELY 140 SQUARE FEET OF STREET RIGHT OF WAY WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portions of general utility easement is not required for corporate purposes. NOW, THEREFORE, 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 vacates the general utility easements as described in Exhibit B attached to the Planning Department's memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will be at the applicant's expense; 2. Ducts shall be provided from the Bob Younkin Street right of way to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment following the plat layout as requested by AEP/SWEPCO. Page 1 Page 141 of 286 City of Fayetteville Staff Review Form 2024-1785 Legistar File ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/1/2024 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251):Submitted by LEGACY VENTURES NWA for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 140-square-foot (0.003-acres) portion of street right-of-way. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: Page 142 of 286 VAC-2024-0002 N . BOB YO U N KI N DR & W. VAC-2024-0002 Close Up View DRAKE ST EXHIBIT 'A' �N Q Residential Link Planning Area - - Fayetteville City Limits 03 O 03 k O C z z v X R-O Subject Property BISHOP,DR z J z z Feet 0 75 150 300 450 600 1.2,400 CYDNEE•ST ,A& NORTH Residential -Agricultural RI-12 RMF-24 Residential -Office Community Services Page 143 of 286 BLEW Surveying I Engineering Environmental VAC-2024-0002 EXHIBIT'B' RIGHT-OF-WAY VACATION 1: A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" REBAR CAPPED "PS 1349" MARKING THE NORTHEAST CORNER OF LOT 9, APPLEBY LANDING, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 23A AT PAGE 195; THENCE NORTH 87°39'13" WEST 136.44 FEET TO A FOUND 1/2" REBAR CAPPED "PS 1349"; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET WITH A CHORD BEARING AND DISTANCE OF SOUTH 78°00'59" WEST 10.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 20.00 FEET WITH A CHORD BEARING AND DISTANCE OF SOUTH 33°03'50" WEST 20.20 FEET TO A FOUND 1/2" REBAR CAPPED "PS 1349"; THENCE NORTH 87°39'13" WEST 5.06 FEET, THENCE LEAVING SAID NORTH LINE NORTH 02°27'03" EAST 17.36 FEET; THENCE SOUTH 87°39'13" EAST 15.35 FEET TO THE POINT OF BEGINNING. CONTAINING 140 SQUARE FEET OR 0.003 ACRES, MORE OR LESS. 479-443-4506 3825 N Shiloh Dr. O blewinc.com O Fayetteville, AR 72703 Page 144 of 286 CITY OF FAYETTEVILLE WO-1111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: February 26, 2024 (UPDATED WITH MEETING RESULTS) SUBJECT: VAC-2024-0002: Vacation (N. BOB YOUNKIN DR AND W. BISHOP DR/LEGACY VENTURES NWA, 251): Submitted by COMMUNITY BY DESIGN for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE and contains three parcels with approximately 1.16, 1.15, and 1.06 acres. The request is to vacate a 150-square-foot (0.003-acres) portion of street right-of-way. RECOMMENDATION: Staff recommends forwarding VAC-2024-0002 to City Council with a recommendation of approval and with conditions. RECOMMENDED MOTION: "1 move to forward VAC-2024-0002 to City Council with a recommendation of approval and with conditions as recommended by staff. " BACKGROUND: The subject property is in north Fayetteville and contains approximately 3.59 acres in the Appleby Landing Subdivision. The property is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi -family development to the south, and medical offices to the north. No environmentally sensitive areas are present on site and the property is not located within any zoning overlays. The property was successfully rezoned from R-O, Residential Offices to RMF-24, Residential Multi -Family, 24 units per Acre in early 2023. A separate request to vacate several utility easements will be heard by City Council at their March 5 meeting. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surro nding Land Uses and Zoning Direction Land Use Zoning North Medical Offices R-O, Residential Office South Multi -family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Single-family Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Undeveloped (Future Phase of Midtown Landing) CS, Community Services Proposal: The applicant proposes to vacate a portion of the street right-of-way adjacent to the subject property at the intersection of N. Bob Younkin Dr. and W. Bishop Dr., which totals approximately 150 square feet or 0.003 acres. Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RAW 145 of 286 Paqe 1 of 10 DISCUSSION: Staff is supportive of the applicant's request to vacate a portion of the street right-of-way. The right-of-way is 150-square feet at the edge of an existing intersection and staff finds the removal of the right-of-way is not likely to impact the existing service of the associated streets. Further, the associated large-scale development includes the addition of public trails, sidewalks, and the on -street parking that would facilitate both vehicle and pedestrian transportation. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. No other property owner is adjacent to the proposed right-of-way to be vacated. Utility Response Cox Communications No objections, provided that any damage or relocation of existing Cox facilities will be at the applicant's expense. AEP/SWEPCO No objections, provided that new easements are granted following utility routes and equipment layout on new plat. Black Hills Energy No objections and no comments. AT&T No objections, provided that, as described in discussions with the developer, forthcoming duct paths from the street ROW of Bob Younkin Dr. to the individual units Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation No objections and no comments. Public Comment: Staff received one inquiry about this request, though no support or opposition to the vacation was offered. RECOMMENDATION: Staff recommends forwarding VAC-2024-0002 with the following conditions: Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; 2. Ducts shall be provided from the Bob Younkin Street ROW to the individual units as required by AT&T; and 3. New easements shall be dedicated along new utility routes and equipment, following the plat layout as requested by AEP/SWEPCO. Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RW 146 of 286 Paqe 2 of 10 PLANNING COMMISSION ACTION: Required YES Date: February 26, 2024 O Tabled ® Forwarded O Denied RECOMMENDATION OF APPROVAL Motion: GARLOCK WITH ALL CONDITIONS RECOMMENDED BY STAFF ISecond:SPARKMAN (Vote: 7-0-0 (MCGETRICK & HOLCOMB BUDGET/STAFF IMPACT: None ATTACHMENTS: • Applicant Request Letter • Applicant Petition to Vacate • Survey • One Mile Map • Close -Up Map • Current Land Use Map Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RAW 147 of 286 Paqe 3 of 10 LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 January 15, 2024 City of Fayetteville Planning Commission / City Council 125 West Mountain Street Fayetteville, AR 72701 RE: Appleby Landing ROW Vacation Request Dear Planning Commission and City Council, Please accept this written request to vacate a small portion of the Right of Way (ROW) in the northwest corner of the subject property and as shown on the attached plat and impacting lots seven (7), eight (8) and nine (9) of the Appleby Landing subdivision. This is being done to facilitate the construction of our Midtown Landing community and is a condition of approval for LSD 2023-0009 and grading permit GIRD 2023-0104. Our objective with this request is twofold; (1) to complete alignment of the street more closely with the City of Fayetteville's Residential Link street section and (2) allow the placement of our buildings closer to the street creating a unique street scape. We are envisioning a street planted heavily with trees in the 6 feet of greenspace on either side, on street parking and pedestrian friendly with wide sidewalks down either side. Furthermore, we want to take advantage of the vacated ROW to be able to place our buildings closer to the street with parking in the rear hidden from public view. Welcoming front porches and stoops will connect the buildings to the public way and be very inviting. All utilities have provided their approval in writing. Additionally, the lots mentioned above are the only ones impacted by this request. We feel by granting this ROW/Easement vacation will be the final step in a long entitlement process and pave the way for a wonderful new community providing much needed housing. This mid -town location with proximity to the medical core and main transportation corridors makes it an excellent location for this type of multifamily. Our plan is to build a diverse, dense mix of high quality multifamily residential units. This community will contain units ranging in both size and bedroom count as well as one- and two-story units. We are looking forward to developing a community that delivers high quality housing catering. And in doing so create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, Tim Brisiel (ftV LEGALYVENTURES Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RW 148 of 286 Paqe 4 of 10 PETITION TO VACATE A PORTION OF THE RIGHT-OF-WAY LOCATED IN (35-17N-30W), CITY OF FAYETTEVILLE, ARKANSAS TO: The City of Fayetteville Planning Commission The Fayetteville City Council We, the undersigned, being the owner for the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying in (35-17N-30W), City of Fayetteville, Arkansas a municipal corporation, petition to vacate a right of way which is described as follows: See attached legal description. That the abutting real estate affected by said abandonment of the right of way are (35-17N-30W) City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described right of way. The petitioners pray that the City of Fayetteville, Arkansas abandon and vacate the above -described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above -described real estate be used for the respective benefit ad purpose as now approved by law. The petitioners further pray that the above -described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sough to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from easements of the public for the use of said right of way. Dated this 15,d day of January, 2024. Tim Brisiel Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RW 149 of 286 Paqe 5 of 10 RIGHT-OF-WAY & EASEMENT VACATION SURVEY BOB YOUNKIN DRIVE LOCATED IN. SECTION 35, TOWNSHIP 17 NORTH, RANGE 30 WEST WASHINGTON COUNTY, FAYETTEVILLE, AR 72703 w e DETAIL (NOT TO SCALE) MISCELLANEOUS NOTES a�uownwmemwr "rEmnx coonawrcsysr.m \_ - O r.o.e-»vmm�rr 1 I uvrvwms•�o n.w.v vvwr�zonn.uvrx, I I I \ .mwrrwnwm`s-m m»amrav ro-.,esa' ew: _/_1__ L /•/ a„tsm 7— v�•wAru.`mr. Mrmwn�m..e�.wwsman \ � -� w...wxrs wEu wrvn.r wwrs w,cnemwrm �.r• ___ _ wr l I tviir a j—, a.=� r nmrnnmum.ssco on wuuuxr•nmrx 1 I I I1°I I I UTILITY INFORMATION ZONING INFORMATION e.z: .eswmr.¢wsxr is w »rroarrf.mm� vaovexrvr�mt ao LEGEND 6 SYMBOLS 0 o,n:ram 0 6E O ms r vm ® cs«s,rx ow LAND AREA I I I I I I I I I I I I 1 I I I Is- a� - I I f I I i I 131 I e�.r I g I Ip ql I I I I I I I I 1 1 I I I I ' 1 I I I I jj 1 I it 1 it it i .. I �k mmo x�w,v 1 1 ' zwao.swx I ' 1 I �5 �_-.�mr�r•�v... - 'ai � F m Nmzam.r® I I 1 1 I I 1 I I 1 I I, 1 I I , i _f• —�� _ � _ _— _ _ _ — - �n>unmmyr o��rx ,....... urw CURVE TABLE UNETABLE a„ RECORD DESCRIPTION RIGNT-OF-WAY VACATION DESCRIPTIONS 61Lw! v 'MpMitl, Vli 'a�Mur�xnN' VAC-2024-0002 (LEGACY VENTURES Paqe 6 of 10 of 286 'T T. WA % DETAIL (NOT TO SCALE) I R/W Vacation 1 (Per This Plat) N 87039'13" W N 02027*03" E _15.35' 17, 36' S 87039'13" E G� G3 P.O.B. - R/W Vacation 1 I 4.00' — r, Found 5/8" Rebar I Capped "AR 1659" 5.06' Found 112" Rebar Capped "PS 1349" I LOT 3 Found 112" i Found 1120# — — — _ _ — — N 87°16'29" W 155,29, I Rebar LOT 4 — — — — — — ._ — __ Rebar Planning Commission February 26, 2024 VAC-2024-0002 (LEGACY VENTURES 151 Of 286 Paqe 7 of 10 VAC-2024-0002 N. BOB YO U N KI N DR & W. AL One Mile View DRAKE ST NORTH \ C-3:1 0 0.13 0.25 0.5 Miles �'' UJ UJ a Q� FV 1 �1 / k --r % is jSubject Property 1 I I I 1 UT R-A Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Planned Residential Link r. Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area Planning Area _ Fayetteville City Limits g RP7.D RSF-4 zoning li I-2 Ganarel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION =NSG iiE-1 li RI-U COMMERCIAL RI-iz Rasitlenlial-OFca ii NS.L C-1 ii ..id.nY&l erlcunu c-2 t'i 1.s = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Gore his Urban Tlwroughiara RSF-�IIIIIIIII Maln abeat Center RSFA Down— Genre, RSF-15 Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhootl Sery RMFE Neighborhood Conse J. ii RM112 PLANNED ZONING DISTRICTS RMF-1a 1♦ Commercial. Intlusi 1. 1-id-.1 ii RMF-sa INSTITUTIONAL ii RM INDUSTRIAL I-1 Heavy Cemmerclal and Light Industrial Mannino Uommission VAC-2024-0002 (LEGACY VENTURES RAW 152 of 286 Paqe 8 of 10 February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RAW 153 Of 286 Paqe 9 of 10 February 26, 2024 VAC-2024-0002 (LEGACY VENTURES RAW 154 Of 286 Pape 10 of 10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1783 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Hevrdejs, Planner SUBJECT: RZN-2024-0001: Rezoning (3006 N. OLD MISSOURI RDJOLD MISSOURI LAND DEVELOPMENT LLC, 253 & 254): Submitted by JORGENSEN & ASSOCIATES for property located at 3006 N. OLD MISSOURI RD. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL, and NC, NEIGHBORHOOD CONSERVATION and contains approximately 6.31 acres. The request is to rezone the property to RSF- 18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE and R-A, RESIDENTIAL — AGRICULTURAL. 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 in north Fayetteville, roughly'/4 mile north of the intersection of N. Old Wire Road and N. Old Missouri Road. Although not within the Hillside -Hilltop Overlay District, the site is heavily vegetated with a significant upward slope from the northwest to the southeast. The property subject to this request is approximately 6.31 acres of a 36.20-acre site. It is zoned RSF-4, Residential Single -Family, Four Units per Acre, NC, Neighborhood Conservation, and NS-G, Neighborhood Services -General. At the Planning Commission meeting on April 11, 2022, a conditional use permit (CUP-2022-0004) was approved to allow multi -family on the portion of the property zoned NS-G, Neighborhood Services -General. The project received large scale development approval at the May 9, 2022 Planning Commission meeting (LSD-2022-0012). A concurrent plat for thirty-six residential lots, one commercial lot, two non -buildable lots, and two out lots was approved at the January 8, 2024 Planning Commission meeting. Request: The request is to rezone 6.31 acres of the property to a split zoning of R-A, Residential -Agricultural (1.77 acres) and RSF-18, Residential Single -Family, Eighteen Units per Acre (4.54 acres). This request is associated with a proposal for Phase II of the State Station development. Public Comment: To date, staff have received no public comment on this item. Land Use Compatibility. The proposed R-A zoning is compatible as the areas are dedicated or planned tree preservation easements. The proposed zoning change to RSF-18 is compatible with surrounding land use patterns in this area, which includes a mixture of residential and non-residential development of generally low - Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 155 of 286 to -moderate intensity. Despite the greater density allowed under the proposed zoning district, staff finds that the single-family character of RSF-18 will complement the overwhelmingly detached dwelling development pattern of the area. Further bolstering staff's support of the request is the existing NS-G, Neighborhood Services, General, property to the west and the extension of Rolling Hills through the site. Although currently undeveloped, the property zoned NS-G allows low -intensity, non-residential uses along with some attached residential building types. When developed, a logical transition would result from greater densities along Old Missouri Road in the west to the lower -density single-family to the south and east. Another consideration is the terrain of the area proposed for rezoning as it relates to surrounding land uses. As noted, the subject property slopes upward significantly from northwest to southeast. This gradient creates a natural transition of elevation just as the zoning transitions from the greater density of the existing NS-G and NC districts and proposed RSF-18 zoning district to the lower densities of the adjacent RSF-4 zoning districts. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the largely Residential Neighborhood Area designation of the subject property and surrounding area. Along with the recently rezoned NS-G and NC land to the west and north, development under the RSF- 18 zoning on the subject property will encourage traditional neighborhood development in a compact form that is both complemented by mixed -use development to the west and complimentary of existing, low -density single-family developments to the east. Among the goals in City Plan 2040, the proposed rezoning represents the potential for appropriate infill development, development in a traditional town form pattern, and a means of discouraging suburban sprawl. Although extensions of infrastructure are likely needed to facilitate development, adjacent City facilities and amenities are already in place and available for access, thereby reducing the strain on City infrastructure and amenities that would result from similar development in a sprawl location. Similarly, the requested RSF-18 zoning district and its associated build -to zone encourage patterns of development that result in realizing the City's goal of making traditional town form the standard. This includes the expectation that buildings be located at the street and on corners, thereby creating an environment appealing to pedestrians. Additionally, the property's location is approximately 1/4 mile north of the Tier 3 center identified within City Plan 2040's growth concept map at the intersection of N. Old Wire and Old Missouri Roads. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an infill score of 4-5 for this site. The following elements of the matrix contribute to the score, at varying points: • 4 Minute Fire Response (Station 4 at 3385 N. Plainview Ave • Near Paved Trail (Old Missouri Trail) • Near Public School (Butterfield Trail Elementary School) • Near City Park (Gulley Park) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the February 26, 2024 Planning Commission meeting, a vote of 5-2-0 forwarded the request to City Council with a recommendation of approval. The commissioners cited future land use compatibility and staff recommendations as noted in the report as reasons for approval. There was no public comment at the meeting. Commissioners Madden and Garlock were not favorable to the rezone, citing the lack of a master plan provided by the developer and steep slopes. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 156 of 286 ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 157 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1783 RZN-2024-0001: Rezoning (3006 N. OLD MISSOURI RDJOLD MISSOURI LAND DEVELOPMENT LLC, 253 & 254): Submitted by JORGENSEN & ASSOCIATES for property located at 3006 N. OLD MISSOURI RD. in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL, and NC, NEIGHBORHOOD CONSERVATION and contains approximately 6.31 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE and R-A, RESIDENTIAL — AGRICULTURAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0001 FOR APPROXIMATELY 6.31 ACRES LOCATED AT 3006 NORTH OLD MISSOURI ROAD IN WARD 3 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; NS-G, NEIGHBORHOOD SERVICES GENERAL; AND NC, NEIGHBORHOOD CONSERVATION TO RSF-18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURAL 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 RSF-4, Residential Single -Family, Four Units Per Acre; NS-G, Neighborhood Services General; and NC, Neighborhood Conservation to RSF- 18, Residential Single -Family, Eighteen Units Per Acre and R-A, Residential Agricultural. 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 Page 158 of 286 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-1783 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0001: Rezoning (3006 N. OLD MISSOURI RD./OLD MISSOURI LAND DEVELOPMENT LLC, 253 & 254): Submitted by JORGENSEN & ASSOCIATES for property located at 3006 N. OLD MISSOURI RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL, and NC, NEIGHBORHOOD CONSERVATION and contains approximately 6.31 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE and R-A, RESIDENTIAL — AGRICULTURAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 159 of 286 RZN-2024-0001 3006 N. OLD MISSOUR RD Close Up View P-1 HILLS DR Lll Neighborhood Link Residential Link Planned Neighborhood Link - - - Trail (Proposed) _~ Planning Area NC Feet 0 75 150 300 450 600 1:2,400 SmA1 NORTH Zone Current Proposed NC 1.5 0.0 NS-G 0.0 0.0 RSF-18 0.0 5.1 RSF-4 3.6 0.0 Total 5.1 ac Page 160 of 286 LEGAL DESCRIPTION - NC TO RSF-18 (AREA 1): A part of the SW 1/4 of the NE1/4 of Section 36, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47039'53"W 239.26 feet, thence N65°30'44"W 202.53 feet, thence S47°30'1YW 83.43 feet, thence N42029'47"W 120.00 feet, thence S47°30'1 YW 201.14 feet, thence N36034'21 "W 10.05 feet to the POINT OF BEGINNING, thence S47°30'13"W 4.89 feet; thence S47030'13"W 8.40 feet; thence S47030'1 YW 162.55 feet, thence N42°20'07"W 34.94 feet, thence N87011'51 "W 117.09 feet, thence S25037'52"W 35.62 feet, thence N87014'50"W 134.94 feet, thence N02045'10"E 59.37 feet, thence along a non tangent curve to the left 82.00 feet, said curve having a radius of 538.69 feet and a chord bearing and distance of N20°31'18"E 81.92 feet, thence N02045'10"E 32.12 feet, thence S89038'55"E 56.78 feet, thence S87°12'57"E 110.36 feet, thence along a curve to the left 157.90 feet, said curve having a radius of 199.53 feet and a chord bearing and distance of N70006'47"E 153.81 feet, thence S36034'21"E 126.81 feet to the POINT OF BEGINNING: Containing 1.36 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION - NC TO R-A (AREA 2): A part of the SW1/4 of the NE1/4 of Section 36, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47039'53"W 239.26 feet, thence N65°30'44"W 202.53 feet, thence S47030'13"W 83.43 feet, thence N42°29'47"W 120.00 feet, thence S47°30'1 YW 201.14 feet, thence N36°34'21 "W 10.05 feet, thence S47030'13"W 175.85 feet to the POINT OF BEGINNING; thence S47030'13"W 11.34 feet, thence N87014'50"W 147.70 feet, thence N25°37'52"E 35.62 feet, thence S87011'51"E 117.09 feet, thence S42020'07"E 34.94 feet to the POINT OF BEGINNING: Containing 0.10 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION - RSF-4 to R-A (AREA 3 A part of the SW1/4 of the NE1/4 of Section 36, T17, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47039'53"W 239.26 feet, thence N65°30'44"W 202.53 feet, thence S47°30'1YW 83.43 feet, thence N42029'47"W 120.00 feet, thence S47°30'13"W 201.14 feet, thence N36034'21"W 10.05 feet, thence S47030'13"W 187.18 feet to the POINT OF BEGINNING, thence S47039'53"W 160.32 feet, thence N64022'08"W 75.93 feet, thence N25037'52"E 91.19 feet, thence S87014'50"E 147.70 feet to the POINT OF BEGINNING: Containing 0.27 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION - RSF-4 TO RSF-18 (AREA 4): A part of the SW 1/4 of the NE1/4 of Section 36, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47037'43"W 1,042.97 feet, thence N42029'47"W 142.81 feet, thence S47°30'1 YW 111.07 feet to the POINT OF BEGINNING; thence S47°30'13"W 45.96 feet, thence along a curve to the right 1.92 feet, said curve having a radius of 175.00 feet and a chord bearing and distance of S47049'08"W 1.92 feet, thence N64022'08"W 185.73 feet, thence N43°33'45"W 133.80 feet, thence N29°29'25"E 301.80 feet, thence along a curve to the left 43.32 feet, said curve having a radius of 538.69 feet and a chord bearing and distance of N27011'11"E 43.31 feet, thence S02045'10"W 59.37 feet, thence S87014'50"E 134.94 feet, thence S25037'52"W 91.19 feet, Page 161 of 286 thence S64°22'08"E 75.93 feet, thence N47°39'14"E 171.66 feet, thence N47°30'13"E 162.55 feet, thence S42°20'07"E 118.35 feet, thence S47°39'53"W 373.10 feet, thence along a curve to the right 67.13 feet, said curve having a radius of 74.00 feet and a chord bearing and distance of S73°39'12"W 64.85 feet, thence S09°38'32"W 135.68 feet to the POINT OF BEGINNING: Containing 3.18 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION - RSF-4 to R-A (AREA 5 A part of the SW1/4 of the NE1/4 of Section 36, T17, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47037'43"W 1,042.97 feet, thence N42029'47"W 142.81 feet, thence S47030'1 YW 157.03 feet, thence along a curve to the right 1.92 feet, said curve having a radius of 175.00 feet and a chord bearing and distance of S47049'08"W 1.92 feet to the POINT OF BEGINNING; thence along a curve to the right 89.64 feet, said curve having a radius of 175.00 feet and a chord bearing and distance of S62°48'29"W 88.66 feet, thence S77°28'55"W 289.47 feet, thence along a non tangent curve to the right 247.19 feet, said curve having a radius of 608.69 feet and a chord bearing and distance of N17051'23"E 245.50 feet, thence N29029'25"E 53.86 feet, thence S43033'45"E 133.80 feet, thence S64022'08"E 185.73 feet to the POINT OF BEGINNING: Containing 1.10 acres more or less subject to easements and right of way of record. LEGAL DESCRIPTION - NS-G TO R-A (AREA 6): A part of the SW1/4 of the NE1/4 and a part of the SE1/4 of the NW1/4 of Section 36, T17N, R30W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said SW1/4, NE1/4, thence S47°37'43"W 1,042.97 feet, thence N42°29'47"W 142.81 feet, thence S47°30'1 YW 157.03 feet, thence along a curve to the right 91.56 feet, said curve having a radius of 175.00 feet and a chord bearing and distance of S62°29'34"W 90.52 feet, thence S77028'55"W 289.47 feet to the POINT OF BEGINNING; thence S77°28'55"W 197.20 feet, thence N17°45'38"W 20.87 feet, thence N74°27'59"E 186.22 feet, thence N11016'47"E 40.41 feet, thence N15051'33"W 109.41 feet, thence N73038'48"E 103.78 feet, thence along a non tangent curve to the left 210.38 feet, said curve having a radius of 608.69 feet and a chord bearing and distance of S16°07'25"W 209.33 feet to the POINT OF BEGINNING: Containing 0.30 acres more or less subject to easements and right of way of record. Page 162 of 286 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Kylee Cole, Planner MEETING DATE: February 26, 2024 SUBJECT: RZN-2024-0001: Rezoning (3006 N. OLD MISSOURI RDJOLD MISSOURI LAND DEVELOPMENT LLC, 253 & 254): Submitted by JORGENSEN & ASSOCIATES for property located at 3006 N. OLD MISSOURI RD. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL, and NC, NEIGHBORHOOD CONSERVATION and contains approximately 6.31 acres. The request is to rezone the property to RSF- 18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE and R-A, RESIDENTIAL - ARGRICULTURAL RECOMMENDATION: Staff recommend forwarding RZN-2024-0001 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0001 to City Council with a recommendation of approval." BACKGROUND: The subject property is in north Fayetteville, roughly '/4 mile north of the intersection of N. Old Wire Road and N. Old Missouri Road (a Tier 3 Center). The property subject to this request is approximately 6.31 acres of a 36.20-acre site. It is zoned RSF-4, Residential Single -Family, Four Units per Acre, NC, Neighborhood Conservation, and NS-G, Neighborhood Services -General. Areas 3, 4, and 5 received its current zoning in 2003 with the new city-wide zoning map (Ord. 4503, July 2003). Area 6 received its current in July 2017 when it was rezoned from RSF-4 to NS- G (Ord. 5087, July 2017). Areas 1 and 2 received their current zoning in 2018 when it was rezoned from RSF-4 to NC (Ord. 6062, May 2018). At the Planning Commission meeting on April 11, 2022, a conditional use permit (CUP-2022-0004) was approved to allow multi -family on the portion of the property zoned NS-G, Neighborhood Services -General. The project received large scale development approval at the May 9, 2022 Planning Commission meeting (LSD-2022-0012). A concurrent plat for thirty-six residential lots, one commercial lot, two non -buildable lots, and two out lots was approved at the January 8, 2024 Planning Commission meeting. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Undeveloped NC, Neighborhood Conservation South Undeveloped RSF-4, Residential Single -Family, Four Units per Acre; NS-G, Neighborhood Services - General East Undeveloped NC, Neighborhood Conservation; RSF-4, Residential Single -Family Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMENlRtW 163 of 286 Paqe 1 of 18 West Multi -Family Residential; Church NS-G, Neighborhood Services General; R-O, Residential Office Request: The request is to rezone 6.31 acres of the property to R-A, Residential -Agricultural (1.77 acres) and RSF-18, Residential Single -Family, Eighteen Units per Acre (4.54). This request is associated with a proposal for Phase II of the State Station development. Public Comment: To date, staff has received no public comment on this item. INFRASTRUCTURE: Streets: The subject area has no road frontage. Any street improvements will be determined at the time of development proposal. Water: Public water is not yet available to the subject area. Main extensions would be required and would be evaluated at the time of development review. Sewer: Sanitary sewer is not yet available to the subject area. Main extensions would be required and would be evaluated at the time of development review. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District, or within a FEMA floodplain. Hydric soils are not present on site. The property lies outside the Hilltop -Hillside Overlay District (HHOD), but portions of the site include areas of 15% slope or greater, which may indicate further development restrictions. Any additional improvements, assessments, or requirements for drainage, slope, or other related issues will be determined at time of development. 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. There is an existing fire hydrant east of the subject area. Station 4, located at 3385 N. Plainview Ave., protects this site. The property is located approximately 1.4 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 did not comment on this request. Tree Preservation: Current Zoning Acreage Min. Canopy Proposed Zoning Min. Canopy Change NS-G 0.30 20% R-A 25% +5% NC 0.10 20% R-A 25% +5% RSF-4 1.37 25% R-A 25% 0% RSF-4 3.18 25% RSF-18 20% -5% NC 1.36 20% RSF-18 20% 0% CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 164 of 286 Paqe 2 of 18 Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity nonresidential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates an infill score of 4 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score, at varying points: • 4 Minute Fire Response (Station 4) • Near Paved Trail (Old Missouri Trail) • Near Public School (Butterfield Trail Elementary School) • Near City Park (Gulley Park) 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: The proposed R-A zoning in areas 2, 3, 5, and 6 are compatible as the areas are dedicated or planned tree preservation easements. The proposed zoning change in areas 1 and 4 to RSF-18 is compatible with surrounding land use patterns in this area, which includes a mixture of residential and non-residential development of generally low -to - moderate intensity. Despite the greater density allowed under the proposed zoning district, staff finds that the single-family character of RSF-18 will complement the overwhelmingly detached dwelling development pattern of the area. Further bolstering staff's support of the request is the existing NS- G, Neighborhood Services, General, property to the west and the extension of Rolling Hills through the site. Although currently undeveloped, the property zoned NS-G allows low -intensity, non-residential uses along with some attached residential building types. When developed, a logical transition would result from greater densities along Old Missouri Road in the west to the lower -density single-family to the south and east. Another consideration is the terrain of the area proposed for rezoning as it relates to surrounding land uses. As noted, the subject property slopes upward significantly from northwest to southeast. This gradient creates a natural transition of elevation just as the zoning transitions from the greater density of the existing NS-G and NC districts and proposed RSF-18 zoning district to the lower densities of the adjacent RSF-4 zoning districts. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) and consistent with the Residential Neighborhood Area designation of the subject property and surrounding area. Along with Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMENlRtW 165 of 286 Paqe 3 of 18 the recently rezoned NS-G and NC land to the west and north, development under the RSF-18 zoning on the subject property will encourage traditional neighborhood development in a compact form that is both complemented by mixed -use development to the west and complimentary of existing, low - density single-family developments to the east. Among the goals in City Plan 2040, the proposed rezoning represents the potential for appropriate infill development, development in a traditional town form pattern, and a means of discouraging suburban sprawl. Although extensions of infrastructure are likely needed to facilitate development, adjacent City facilities and amenities are already in place and available for access, thereby reducing the strain on City infrastructure and amenities that would result from similar development in a sprawl location. Similarly, the requested RSF-18 zoning district and its associated build -to zone encourage patterns of development that result in realizing the City's goal of making traditional town form the standard. This includes the expectation that buildings be located at the street and on corners, thereby creating an environment appealing to pedestrians. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to allow for development at a greater density than that allowed under the existing RSF-4 and NC zoning districts. The proposed RSF-18 zoning will encourage appropriate density and a transition from higher density development along N. Old Missouri Rd. to lower density development to the east. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The RSF-18 zoning district allows a residential density that is greater than that allowed under the current NC and RSF-4 zoning district: 10 units per acre versus 10 and 4, respectively. Given the property's undeveloped state, any development would invariably create the potential for increased traffic in the area. That said, and as previously noted, the property is located with access to Old Missouri Road, and near Rolling Hills Drive and Old Wire Road, all Neighborhood Link streets. With Phase I, E. Rolling Hills Dr. was extended, and a traffic signal was added improving traffic safety at the intersection. While there will be an appreciable increase in traffic with any development, direct access to Old Missouri Road will likely limit the intrusion of through traffic into adjacent neighborhoods. 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: Due to the property being currently undeveloped, development under the current zoning or the proposed zoning will result in an increase in the load on public services. That said, this increase has the potential to be greater under RSF-18 than the existing NC and RSF-4 zoning. RSF-18 allows for 18 Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMENlRtW 166 of 286 Paqe 4 of 18 units per acre, while NC allows 10 units per acre and RSF-4 allows 4 units per acre. Despite the potential for greater density, the subject property has access to connect to planned infrastructure in Phase I of Stage Station. With Phase I, E. Rolling Hills Dr. was extended and a traffic signal was added, improving traffic safety at the intersection. Additionally, neither the Police nor Fire Departments have expressed objections to the proposal. 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; 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 recommends forwarding RZN-2024-0001 to the City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES Date: February 26, 2024 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.03, R-A, Residential -Agricultural o §161.07, RSF-4, Residential Single -Family, 4 Units per Acre o §161.10, RSF-18, Residential Single -Family, 18 Units per Acre o §161.19, NS-G, Neighborhood Services - General o §161.29, NC, Neighborhood Conservation • Rezoning History Exhibit • Request Letter • Applicant Exhibit • Close Up Map • One Mile Map • Current Land Use Map • Future Land Use Map Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMENlRtW 167 of 286 Paqe 5 of 18 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half 'h (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftW 168 of 286 Paqe 6 of 18 161.07 - District RSFA Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses Unit 1 I City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. FSingle-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square 12,000 square minimum feet feet Land area per 00 square 6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Reauirements. Front Side Rear 15 feet 5 feet 15 feet Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN7RM 169 of 286 Page 7 of 18 (F) Building Height Regulations. Building Height Maximum 45 feet Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. 161.10 District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Units per acre Eighteen 18 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two 2 family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Front I Side Side -Zero Lot Line* Rear Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 170 of 286 Paqe 8 of 18 A build -to zone 5 feet A setback of less than five 5 feet that is located on both feet (zero lot line) is between the front sides permitted on one interior property line and side, provided a a line 25 ft. from maintenance agreement is the front property filed"'. The remaining side line. setbacks shall be 10 feet. " A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. *' At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% 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 for two-family dwellings. 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (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 12b General business Unit 24 1 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (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 13 Eating places Unit 16 1 Shopping oods Unit 19 1 Commercial recreation, small sites Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 171 of 286 Paqe 9 of 18 Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 35 feet All other uses I None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right F—Unit 8 Single-family dwellings Unit 41 I Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 172 of 286 Paqe 10 of 18 Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Unit 10 Unit 12a Two (2) family dwellings Three (3) and four (4) family dwellings Limited business* Home occupations Unit 24 Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations (1) Lot Width Minimum. Single Family I 40 feet Two Family 80 feet Three Family 90 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located Front between the front property line and a line 25 feet from the front property line. Rear Rear, from center line of an alley 5 feet 5 feet 12 feet (F) Building Height Regulations. Building Height Maximum 45 feet Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN7RM 173 of 286 Paqe 11 of 18 Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftW 174 Of 286 Paqe 12 of 18 JORGENSEN +ASSOCIATES vCivil Engineering Surveying February 6, 2024 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72703 CoF Job # RZN-2024-0001 J+A Job #2021161 Attn: Planning Re: Stage Station RZN To whom it may concern; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.lorgensenassoc.com Established 1985 Please accept this request for a rezoning of a small portion of the new a development known as Stage Station located off of Old Missouri Road and behind the Butterfield Elementary School. Since the inception of this project, the goal has been to provide a variety of housing options for the market. The development team is making good progress on the first phase and as we move into more detailed design work for phase 2, we have found that it would be beneficial to rezone a portion of the existing NC and existing RSF-4 to RSF-18. In addition we are proposing to rezone the platted and planned tree preservation areas to R-A. We feel that this rezoning will have a positive impact to the layout as the development transitions from west to east. The RSF-18 will allow us to create a pocket community just east of the abandoned 36" water main and will create more variety of housing types in this overall planned community. We look forward to working with the city to make this a successful project. Sincerely; Jorgensen + Associates Planning Commission February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 175 of 286 Paqe 13 of 18 of 286 Paqe 14 of 18 RZN-2024-0001 3006 N. OLD MISSOUR RD Close Up View P-1 HILLS DR Lll Neighborhood Link Residential Link Planned Neighborhood Link — — — Trail (Proposed) _~ Planning Area NC Feet 0 75 150 300 450 600 1:2,400 STRA1 NORTH Zone Current Proposed NC 1.5 0.0 NS-G 0.0 0.0 RSF-18 0.0 5.1 RSF-4 3.6 0.0 Total 5.1 ac February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftW 177 of 286 Paqe 15 of 18 RZN-2024-0001 One Mile View 3006 N. OLD MISSOUR RD 0 0.13 0.25 0.5 Miles 1 1 1 1 1 1 Subject Property LING HILLS DR77 NS-G WO, RPZD ♦ � NORTH - ks, 4* RSF-4 �♦ I 1 1 I 1 I 1 I 1p 1 � 1 1r W 1,0 1 ;O r )J Regional Link — Zoning RESIDENTIAL SINGLE-FAMILY -2 G.—I lndu ,V l EXTRACTION ' 1 Ns-c Neighborhood Link " �RI-u RI-,2 COMMERCIAL Res.de lal-onlne NS L ResltlenllaFAgrlcultural C-1 G2 Unclassified RSF-s �G-, RSF-1 FORM BASED DISTRICTS Residential Link 2�DnwnlnrvnGn,e M."st— Planned Neighborhood Link R9 . Geo�-, �D.-t-e 1 RSF-18 Community Services --- Shared -Use Paved Trail — = RESIDENTIAL MULTI -FAMILY RMF NeignborM1aatl Servces i IIIIIIIII NeigbborM1ootl Conservation ! RMF-12 PLANNED ZONING DISTRICTS — — — Trail (Proposed) RMF-18 oTUTIOial.ln, t,ial.Reei,antial 1 Planning Area �--- ��--.� - - � RMF-2° INSTITUTIONAL ~ Planning Area ,- � RMF-0g INDUSTRIAL P' Fayetteville City Limits 11 —, Cnmmemi.1—Ubht lnEuattlel February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftM 178 of 286 Page 16 of 18 RZN-2024-0001 1 3006 N. OLD MISSOUR RD Current Land Use ROLLIN ,HILLs 10 i clN„ Undeveloped ,n W Undeveloped , i Subject Property f �� Single -Family Residential e' r� Undeveloped R Flo rr�- �. FEMA Flood Hazard Data Neighborhood Link 100-Year Floodplain Residential Link Feet Floodway Planned Neighborhood Link 0 112.5 225 450 675 900 Trail (Proposed) 1. - Planning Area 1:3,600 .__. 9 Fli annina Uommission RZN-2024-0001 (OLD MISSOURI LAND DEVELOPM`EN_ftW 179 of 286 Paqe 17 of 18 RZN-2024-0001 Future Land Use 1 1 1 1 1 CORTLAND ST 1 If ETON ST ROLLIN HILLS E OAkC�/FF Neighborhood Link Unclassified Residential Link Planned Neighborhood Link Planning Area - - - Trail (Proposed) 3006 N. OLD MISSOUR RD Civic Institutional ORTH —WARWICK-D ■ Subject Property Residential Neighborhood City Neighborhood 0 145 290 Z J IY W J GOB �C2 C2��F N�'RAWg� O� N `oW/RERD rn -� A ST'4)VWYK-DR m City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 580 870 1,160 Residential Neighborhood 1 :4,800 1 Rural Residential 0 Urban Center February 26, 2024 RZN-2024-0001 (OLD MISSOURI LAND DEVELOPMEN-ftW 180 of 286 Paqe 18 of 18 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1789 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner SUBJECT: RZN-2023-0037: Rezoning (EAST OF E. 9TH ST. & S. WASHINGTON AVEJDAKOTA DEVELOPMENT LLC, 563): Submitted by DAKOTA DEVELOPMENT LLC for property located EAST OF E. 9TH ST. & S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.03 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. 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 in south Fayetteville just east of Washington Avenue and north of 9th Street. The property includes one parcel totaling 1.03 acres which is currently undeveloped. While it does not have frontage on a public street, the property is bordered to the east, west, and south by platted right-of-way. It received its current zoning designation of NC, Neighborhood Conservation, as a result of the Walker Park Neighborhood Plan in 2008. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Prior to the Planning Commission meeting, staff received public comment on this item from four individuals. Three expressed their support for the proposed rezoning, stating that RI-U would be compatible with the surrounding neighborhood and promote well -scaled infill. Their comments are attached to this report. Another individual called staff and expressed their opposition to the rezoning, citing concerns about drainage and increased density at this location. Land Use Compatibility: Staff finds the requested rezoning to be generally compatible with surrounding land use and zoning patterns. While the surrounding neighborhood is primarily single-family residential in character, there are several attached dwellings and nonresidential uses in close proximity to the subject property. In terms of zoning, the surrounding neighborhood includes a variety of zoning designations ranging from lower - density single-family residential districts such as NC, Neighborhood Conservation, to mixed -use districts with no stated density limitation, like DG, Downtown General. Where the subject property's existing zoning Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 181 of 286 designation of NC allows for the by -right development of single-family dwellings at a density of 10 units per acre, RI-U would allow for the by -right development of single-family to four -family dwellings with density limited by building height limits and development requirements like parking and stormwater infrastructure. With regard to bulk and area regulations, NC allows for the creation of lots with a minimum width of 40 feet and a minimum area of 4,000 square feet. RI-U would allow for lots with a minimum width of 18 feet. There is no stated lot area minimum in the RI-U zoning district. While the subject property does not currently have direct frontage on a public street, staff finds the requested zoning to be generally compatible with the surrounding area. In order for the subject property to be considered developable, whether under the current NC zoning or proposed RI-U zoning, street improvements would need to be installed and/or a variance from the Board of Adjustment would need to be requested since the lot does not currently have frontage on a public street. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (eight -inch main, Washington Avenue) • Near Water Main (six-inch main, Washington Avenue) • Near City Park (Walker Park, Jefferson Park) • Near Paved Trail (Walker Park Trail) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) DISCUSSION: At the February 26, 2024, Planning Commission meeting, a vote of 5-2-0 forwarded this request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Winston seconded it. Commissioners Sparkman and Garlock voted against it, expressing concerns about the proposed rezoning resulting in higher -density development that may be out of character with the surrounding neighborhood. Commissioners in favor of the request found the proposed rezoning to be generally compatible with current land uses and future land use plans. Several commissioners expressed concerns about the presence of hydric soils and the lack of access to public streets, water, and sewer on site. Five members of the public spoke against this request at the meeting. Many voiced their concerns about the proposed rezoning resulting in increased development and adversely affecting wildlife and drainage in the neighborhood. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 182 of 286 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-1789 RZN-2023-0037: Rezoning (EAST OF E. 9TH ST. & S. WASHINGTON AVEJDAKOTA DEVELOPMENT LLC, 563): Submitted by DAKOTA DEVELOPMENT LLC for property located EAST OF E. 9TH ST. & S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.03 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0037 FOR APPROXIMATELY 1.03 ACRES LOCATED EAST OF EAST 9TH STREET AND SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN 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 NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. 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 Page 183 of 286 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-1789 Item ID 3/19/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/1/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0037: Rezoning (EAST OF E. 9TH ST. & S. WASHINGTON AVE./DAKOTA DEVELOPMENT LLC, 563): Submitted by DAKOTA DEVELOPMENT LLC for property located EAST OF E. 9TH ST. & S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.03 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: Page 184 of 286 RZN-2023-0037 EAST OF E. 9TH ST & S. RZN-2023-0037 Close Up View WASHINGTON AVE EXHIBIT'A' MARTIN LUTHER KING JR BLVD w Q nG O J J_ 7TH-ST Subject Property RI-U W a � Propo: ed J 0 RI-U J p w� a NC Z O� P-1 - 9TH-ST—Z- - - I � RSF-18 I Q W Q 10TH -ST � � w O � J r. tL Q _ Willow I m NORTH Zone Current Proposed Neighborhood Link NC 1.0 0.0 RI-U 0.0 1.0 Urban Center Residential Link Feet Trail (Proposed) 0 75 150 300 450 600 Planning Area 1:2,400 Total 1.0 ac Page 185 of 286 RZN-2023-0037 EXHIBIT 'B' Legal Description of Property to be Rezoned Lots 23 - 36, Block 4, Glenwood Park Addition to the City of Fayetteville, Arkansas, as designated upon the recorded plat of said addition on file in the office of the Circuit Clerk and Recorder of Washington County, Arkansas. Page 186 of 286 CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: February 26, 2024 (updated with results) SUBJECT: RZN-2023-0037: Rezoning (EAST OF E. 9T" ST. & S. WASHINGTON AVEJDAKOTA DEVELOPMENT LLC, 563): Submitted by DAKOTA DEVELOPMENT LLC for property located EAST OF E. 9T" ST. & S. WASHINGTON AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.03 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0037 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2023-0037 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville just east of Washington Avenue and north of 9th Street. The property contains one parcel totaling 1.03 acres which is currently undeveloped. While it does not have frontage on a public street, the property is bordered to the east, west, and south by platted right-of-way. It received its current zoning designation of NC, Neighborhood Conservation, as a result of the Walker Park Neighborhood Plan in 2008. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Undeveloped NC, Neighborhood Conservation South Undeveloped NC, Neighborhood Conservation East Undeveloped Single FamilResidential RSF-18, Residential Single -Family, 18 Units per Acre NC, Neighborhood Conservation West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff has received public comment on this item from four individuals. Three expressed their support for the proposed rezoning, stating that RI-U would be compatible with the surrounding neighborhood and promote well -scaled infill. Their comments are attached to this report. Another individual called staff and expressed their opposition to the rezoning, citing concerns about drainage and increased density at this location. Page 187 of 286 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has no frontage on a public street. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is not available to the subject property. A water main extension would be required at the time of development. Sewer: Sanitary sewer is not available to the subject property. A sewer main extension would be required at the time of development. Drainage: Any improvements or requirements for drainage will be determined at the time of development submittal. No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams are present on site. Hydric soils are present which are known indicators 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 are 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. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1.1 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, NC, Neighborhood Conservation, requires 20% 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 Residential Neighborhood area. The property is also located within the Walker Park Neighborhood Master Plan area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also Page 188 of 286 encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site with a weighted score of 6.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (eight -inch main, Washington Avenue) • Near Water Main (six-inch main, Washington Avenue) • Near City Park (Walker Park, Jefferson Park) • Near Paved Trail (Walker Park Trail) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) 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 requested rezoning to be generally compatible with surrounding land use and zoning patterns. While the surrounding neighborhood is primarily single-family residential in character, there are several attached dwellings and nonresidential uses in close proximity to the subject property. In terms of zoning, the surrounding neighborhood contains a variety of zoning designations ranging from lower - density single-family residential districts such as NC, Neighborhood Conservation, to mixed -use districts with no stated density limitation like DG, Downtown General. Where the subject property's existing zoning designation of NC allows for the by -right development of single-family dwellings at a density of 10 units per acre, RI-U would allow for the by -right development of single-family to four -family dwellings without limitation to density. With regard to bulk and area regulations, NC allows for the creation of lots with a minimum width of 40 feet and a minimum area of 4,000 square feet. RI-U would allow for lots with a minimum width of 18 feet. There is no stated lot area minimum in the RI-U zoning district. While the subject property does not currently have direct frontage on a public street, staff finds the requested zoning to be generally compatible with the surrounding area. In order for the subject property to be considered developable, whether under the current NC zoning or proposed RI-U zoning, street improvements would need to be installed and/or a variance from the Board of Adjustment would need to be requested since the lot does not currently have frontage on a public street. Page 189 of 286 Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's land use and zoning plans. The subject property is designated as Residential Neighborhood area in the City Plan 2040 Future Land Use Map. Staff finds that a rezoning from NC to RI-U could support that designation since a rezoning to RI-U would allow for a wider variety of housing types. Staff also finds the requested rezoning to be aligned with Goals 1, 4, and 6 of City Plan 2040 since it would encourage residential infill in an area that has a moderate infill score of 7 and is in close proximity to paved trails and bus routes. Staff also finds the proposed rezoning to be generally aligned with the Walker Park Neighborhood Plan since it would retain a balance of housing options and enable residents to live in the same neighborhood as their housing needs change. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning from NC to RI-U is justified since it would allow for incremental residential infill. The existing NC zoning district has more limited bulk, area, and density limitations and it does not allow for the development of two-family to four -family dwellings by right. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from NC to RI-U has the potential to increase traffic at this location when considering that RI-U would allow for more dense development than the existing NC zoning. The property does not currently have frontage on a public street and any street improvements and potential traffic impacts would be determined at the time of development. 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: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, the property is in close proximity to public streets and existing water and sewer mains. Any necessary upgrades or improvements to existing infrastructure would be determined at the time of development. 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; 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. Page 190 of 286 Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0037 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 26, 2024 (Motion: Brink ISecond: Winston Vote: 5-2-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded O Denied with a recommendation of approval ATTACHMENTS: • Unified Development Code o §161.12 District RI-U, Residential Intermediate - Urban o §161.29 Neighborhood Conservation • Request Letter • Public Comment • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Public Comment Received After Publication of Staff Report Page 191 of 286 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single- family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings 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 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 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. (G) Building Area. The area occupied by all buildings shall not exceed 60% 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. Page 192 of 286 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories Page 193 of 286 WRITTEN JUSTIFICATION APPLICATION FOR REZONING The subject property is identified as Lots 23-28, Block 4, Glenwood Park Addition to the City of Fayetteville, AR., Tax Parcel Number 765-05718-000 (the "Property"). It is generally located southeast of the intersection of S. Washington Ave and E. 7th Street and is south of the property at 223 E. 7th Street (zoned Downtown General (DG)). The Property consists of one lot totaling 1.02 acre and is zoned Neighborhood Conservation (NC). There are no existing structures on the Property. It is grassed with very few trees. The Applicant requests to rezone the Property to RI-U, Residential Intermediate -Urban. The request to rezone the Property to RI-U is compatible given the surrounding context. Properties in the near vicinity are primarily used for residential purposes with a small commercial node at the southeast corner of the intersection of S. Washington Ave and E. 7th Street. Nearby uses include: multi -family dwellings along S. Washington Ave; property to the north is developed with the former Jefferson Elementary School; other properties are developed with single-family homes. As a result, the proposed zoning of RI-U is in context with the surrounding properties. The proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning RI-U fulfills the City Plan 2040 Goals as it: 1) provides appropriate infill and will revitalize the area; 2) facilitates redevelopment of an infill site rather than contributing to suburban sprawl; 3) allows for compact, complete, and connected development on the Property and in the area; 4) sustains a livable transportation network; 6) creates opportunities for additional attainable housing. In addition, the Property scores a minimum of 7 on the Infill Scoring Matrix. Rezoning would put added residential density on properties with ready access to basic development needs such as public streets, water, and sanitary sewer. The Property is also near Walker Park and in close proximity to the University of Arkansas and Fayetteville High School. Rezoning aligns with Goal #4 since additional residential density on the site would be located near multiple transit routes and non-residential uses and employment centers in the Downtown Core area. As a result, the Applicant's request will not adversely affect the existing use or usability of and is compatible with adjacent and nearby property. Page 194 of 286 The City Plan 2040 future land use map designates the Property as Residential Neighborhood, which is primarily residential in nature and supports a wide variety of housing types of appropriate scale and context. City Neighborhood Areas encourage density of all housing types and provide a varying mix of nonresidential and residential uses. The rezoning of the Property will help facilitate redevelopment of an infill site rather than contributing to suburban sprawl, create opportunities for diverse and attainable housing, and promotes residential development that is connected to non-residential services. In addition, the request is consistent with the Walker Park Neighborhood Plan which designates the Property as City Neighborhood Area that encourages a diversified housing stock at an increased density, including multi -family and rowhouses. In addition, this proposed development's location near a neighborhood commercial node enables residents to live in the same neighborhood during different phases of their lives. For the reasons stated above, rezoning the Property to RI-U is compatible with neighboring property and will not unreasonably adversely affect or conflict with surrounding land uses. Sinc ely, Lawrence Finn Dakota Development Page 195 of 286 From: Wes Bates <bateswt@gmail.com> Sent: Monday, February 19, 2024 3:54 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Support for RZN 2023-0037 Planning Commission Members, I am writing to express my support for the rezoning application RZN 2023-0037 for property southeast of the intersection of E. 7th Street and S. Washington Ave. I am the property owner of 1022 S Beebalm Ave that is near the property. Dakota Development has met with adjacent property owners to answer questions and describe the proposed development. Rezoning to RI-U is appropriate for this area because it is compatible with the neighborhood. Nearby, there are multi -family buildings, single family homes, and a commercial node at the corner of the intersection. Also, rezoning the property to allow additional residential uses will revitalize the area. I ask the Planning Commission and City Council to approve the application. The rezoning will enhance our quality of life and will be an asset to the neighborhood. Regards, Wesley Bates Wes Bates bateswt@gmail.com 479-595-5499 Page 196 of 286 From: Matt Hoffman <matt@mbl-arch.com> Sent: Tuesday, February 20, 2024 9:53 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN 2023-0037 Madam Chair and Commissioners, As a nearby resident and adjacent property owner, I am very comfortable with this or any other request to rezone property in this area to RI-U. Development that has taken place under this zoning designation represents some of the most thoughtful and well -scaled infill in our city, and I'm happy to have more of it in my backyard. As I know it is for many of you, Fayetteville's desperate lack of housing supply - particularly in walkable neighborhoods - is always at the top of my mind. Best Regards, Matthew Hoffman 3 E. 4th Street Fayetteville AR 72701 Property owner: 814 S. Washington Page 197 of 286 From: Johann Komander <johann.komander@gmail.com> Sent: Wednesday, February 21, 2024 6:46 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Support for RZN 2023-0037 Planning Commission Members, I live at 187 E 9th street on corner of S Washington Ave. The rezoning RZN 2023-0037 is right across the street from my home. I am writing to express my support for the rezoning application. I believe smartly developed and nicely designed infill with increased density is compatible with the neighborhood and is preferable to the sprawling development that is typical just a few blocks east of this location. I also support having more neighbors in the area which is having a revitalizing impact. Regards, Johann Komander Page 198 of 286 RZN-2023-0037 EAST OF E. 9TH ST & S. Ak One Mile View WASHINGTON AVE NORTH l - 0 0.13 0.25 0.5 Miles 1 OJ Q RMF-24 SONIHP• ME Lj ®� _ RSF-4 � o l ■ l MARTIN LUTHER Subject Property = KINGYJRVD r l RrzD / l HUNTSVI LE RD CS l ■� NC I I 1 I 1` I� 1 1 " DG ■■■ ,■■� ■ LU 15TH1 1 � E129i C1 Z MSC 1 1-1 0 1 R- Q i RSF-8 C-2 zoning-z cana.al maaMrial Regional Link - - _ - - - RESIDENTIAL SINGLE-FAMILY EXTRACTION �•• =rvs-c �S-1 Neighborhood Link ----_ �RI-U COMMERCIAL Regional Link -High Activity RI-12 Residential- . NI C-1 Urban Center _ RasmanYaI Agr-- I♦ c-z — Unclassified - - _ RSF-+ FORM BASED DISTRICTS - - RSF_2 Downtown Gore — Alley_ _ _ RSF< urban nwroaghhr RSF-� — Residential Link l -- t•��-• ❑ Main Sbeat Center RSF-�m Generel — Shared -Use Paved Trail . f - _ RSF-1 8 C....nCommonly Se —a RESIDENTIAL MULTI -FAMILY Neighborhood Servkes RM- = Neighborhood Conserredan — — Trail (Proposed) _ _ _ _ _ _ RM112 PLANNED ZONING DISTRICTS ' Design District s y t PlanningArea---=�--•� __! RMF-18 IIIIIIIII Commercial. IntlusNal. ResitleMial �RMF-sa INSTITUTIONAL i Planning Area Fayetteville City Limits ARM P-1 INDUSTRIAL ;______, l-,NeavyGnmmarclalaMLlgMlnaaethal Page 199 of 286 RZN-2023-0037 EAST OF E. 9TH ST & S. Close Up View WAS H I N G TO N AVE MARTIN LUTHER KING JR BLVD w Q nG O J J_ 7TH-ST Subject Property RI-U W a � Propo: ed J 0 RI-U J p w� a NC Z O� P-1 - 9TH-ST—Z- - I � RSF-18 I Q W Q 10TH -ST � � w O � J r. tL Q _ Willow I m NORTH Zone Current Proposed Neighborhood Link NC 1.0 0.0 RI-U 0.0 1.0 Urban Center Residential Link Feet Trail (Proposed) 0 75 150 300 450 600 Planning Area 1:2,400 Total 1.0 ac Page 200 of 286 RZN-2023-0037 EAST OF E. 9TH ST & WASHINGTON AVE S. Ak NORTH Current Land Use N N +MEW O O .g ne AE .26.,;.,- �27 _� se MA Mixed -Use R one m 1249.1 7TH_ST_ ..1' Zone aE Subject Property Single -Family Residential and Walker Park J' Single -Family and Multi -Family Residential J O c.> Z O L [t Single -Family Residential+1231 E� 9,76neiA YA MCCLINTON ST — D - VAF AE � .�� !k Neighborhood Link FEMA Flood Hazard Data Urban Center 100-Year Floodplain Unclassified Feet Floodway Residential Link 0 112.5 225 450 675 900 Trail (Proposed) Planning Area 1:3,600 Page 201 of 286 RZN-2023-0037 EAST OF E. 9TH ST & S. Future Land Use WAS H I N G TO N AVE v O J m ♦I ' w Q Y U O J m 4TH ,ST a � �Q-5TWST w 01 Civic and Private Open Space Neighborhood Link Urban Center Unclassified Alley Residential Link ~ Planning Area — — — Trail (Proposed) I _- _ I Design Overlay District w 'a w c� LuJ J .J O —9TH-ST Q' z 4TH my O� O�ST`0 �w 0 z,� I 3 MARTIN LUTHER KING JR BLVD Subject Property Residential 1ighborhood ------- w Q W w � O Z-10TWST A x O0 < _z Q 11TH-ST d 12TH PL— City 12TH.ST - Feet 13TH PL- 0 145 290 580 870 1,160 :11 ORTH W;\ Q MIRP�'� O I FAIRLANE FST W a w J J W z a MCCLINTON-ST— NANT_UCKET Q DR CO,> Cn U Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Page 202 of 286 From: Grant Ragland <grantragland@gmail.com> Sent: Friday, February 23, 2024 9:25 AM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Dakdev <lawfinn@dakdev.com>; laurel@glawgp.com; Solomon Burchfield <solomonburchfield@gmail.com> Subject: Email of support for RZN 2023-0037 Planning Commission Members, I am writing to express my conditional support for the rezoning application RZN 2023-0037 for property southeast of the intersection of E. 7th Street and S. Washington Ave. I own and live at 906 S. Washington and own property at 890 S. Washington, both of which are adjacent to the proposed development. I've met with Dakota Development and talked with them about the project. It seems very cool. I support the kind of urban infill that they are proposing for the project. Increasing density in this area by utilizing an undeveloped plot of land seems in step with Fayetteville's development goals. I especially like the charming quality of the infill that they are proposing, as it feels it would suit the neighborhood and would revitalize the area and attract growth, which will in turn support the community. My conditional support isn't related to the zoning, but to access, so it's probably irrelevant for the Planning Commission. I support access to the proposed development via 7th Street and not an extension of 9th Street, as an extension of 9th Street would require the cutting of multiple mature trees between my two properties, and any access via 9th Street would be dangerously close to my home. Thank you, Grant Ragland Page 203 of 286 From: Tenisha Gist <Tenisha@ partnersforbetterhousing. org> Sent: Friday, February 23, 2024 5:07 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: lawfinn@dakdev.com; Elston Blake Forte <Elston@ partnersforbetterhousing.org> Subject: Email of support for RZN 2023-0037 Dear Planning Commission Members, On behalf of Partners for Better Housing, I would like to express my support for the rezoning application RZN 2023-0037 for property southeast of the intersection of E. 7th Street and S. Washington Ave. Our development, Homes at Willow Bend, is adjacent to the properties in question. We have met with Dakota Development about the proposed development and agree that rezoning to RI-U is compatible and complementary to the neighborhood as there are diverse property structures nearby (i.e. multi -family buildings, single family homes, a commercial node at the corner of the intersection). The property rezone will allow additional residential uses that will revitalize the area. We endorse Dakota Development rezoning to RI-U and recommend application approval. Thank you, Tenisha Gist, M.Ed. Interim Executive Director Partners for Better Housing 1670 E. Joyce Blvd., Suite 1 Fayetteville, AR 72703 Main line: 479-755-3497 Direct line: 479-434-1 163 www.partnersforbetterhousinci.orq Page 204 of 286 Dear neighbors and community members, We must stand together against the proposed rezoning of the field behind our houses. This area serves as a valuable nature preserve, offering a peaceful retreat for both wildlife and our children. Its marshy nature makes it unsuitable for construction, and we firmly believe it should remain untouched. Green spaces are vital for maintaining a healthy and balanced environment. Overdeveloping every available patch of land not only destroys the beauty of our neighborhood but also disrupts the delicate ecological balance. Let us remember the importance of preserving these spaces for future generations to enjoy. If development becomes unavoidable, we urge the authorities to consider keeping the current zoning designation as Neighborhood Conservation (NC). This will help maintain the tranquility and harmony of our community, ensuring that the new construction aligns with the character of our existing homes. Let us come together and voice our opposition to the rezoning proposal. By doing so, we can protect the natural beauty of our neighborhood and preserve the peace that makes it such a wonderful place to live. Sincerely, Concerned Residents Page 205 of 286 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 12, 2024 CITY COUNCIL MEMO 2024-1791 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: APPEAL: ADM-2024-0001: Administrative Item (2277, 2400, 2423, 2555 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552 AND 2600 S. HUNT LN/WOODRUFF, KLINE, WANG, WARDEN, DURNING, FARKAS/GREGORY, DURNING AND HAMM, 595): Submitted by RONALD WOODRUFF for properties located at 2277, 2400, 2423, 2555 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552, AND 2600 S. HUNT LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 213.3 acres. The request is to modify the Master Street Plan. RECOMMENDATION: City Planning staff and the Planning Commission recommend denial of the request to amend the Master Street Plan to remove a planned street connection. BACKGROUND: The subject area is southeast of the Fayetteville city limits in unincorporated Washington County, within the Fayetteville Planning Area. Containing 11 parcels in total, the properties range from undeveloped to agricultural and low -density, single-family uses. The current property owners have no specific development plans, though at least one property owner intends to sell, and has expressed difficulty in completing a transaction due to the existence of a planned Master Street Plan connection on their property. Proposal: The petitioners request to have an approximately 1.5-mile section of a planned 2.25-mile connection of the 2040 Master Street Plan removed from the subject properties. The proposed Residential Link Street would provide a future east/west connection from S. Mally Wagnon Road connecting eventually to S. Dead Horse Mountain Road to the west. Public Comment: Prior to the initial Planning Commission meeting, staff met with the petitioners and discussed the proposal. Petitioners' major concerns are reflected in the petition provided, and additional written comment provided by individuals in the group is also attached to this packet. Petitioners are primarily concerned with a perceived diminished value in their property due to the existence of this Plan, watershed and existing flooding in the area that may be exacerbated by the addition of a street and subsequent development, future constructability of the street, the protection of existing wildlife habitat, diminished privacy, and an overall negative impact to the existing quality of life. At the public hearing, the Planning Commission granted each petitioner a 3-minute speaking time as members of the public beyond the initial 10-minute allotted time for the applicant's original presentation. 12 members of the public (including the petitioners) spoke in favor of removing the Master Street Plan connection. One member of the public spoke in favor of the planned Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 206 of 286 connection to remain in place. DISCUSSION: On the balance of considerations, staff does not support the applicants' request. The proposed connection has been on the Master Street Plan since 2007 (Resolution 161-07) where it was originally classified as a Collector Street for the 2025 Master Street Plan; this is the equivalent of a Neighborhood Link Street under 2040 Master Street Plan Standards. After being re -affirmed as a Collector Street in 2011 (under the 2030 Master Street Plan, Resolution 166-11), the portion in question was downgraded from a Collector Street to a Residential Link Street with the adoption of the 2040 Master Street Plan (Resolution 15-20). In 2007, the street was established after significant study, public interaction, and multiple considerations by the Planning Commission and City Council. Master Street Plans account for a longer -term potential for the property, and are considered to be just that; a plan. The Master Street Plan is a policy document to help guide decisions regarding location, form, function, design, and classifications of streets. The Plan considers infrastructure and anticipates where new building developments might occur to plan for possible street connections and capital expenditures. Arkansas State Law establishes a 2-mile territorial jurisdiction for cities with a population between 60,000 — 150,000, under the premise that those lands may be annexed by the City in the future. Further, under that requirement as established by the State, the city Planning Commission is charged with preparing plans for that area, which includes the creation of a Master Street Plan; that plan may be adopted to designate the general location, characteristics, and functions of streets and highways to be reserved for future public acquisition. The Master Street Plan is not a formal land acquisition, an allocation of funding, or a construction document, nor does it establish a final alignment. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not foresee any City -initiated construction of this connection and acknowledges that there do not appear to be any portions of the connection currently built or planned for construction or development. Further, any near -term development in the area would be subject to the zoning standards as established by Washington County, which require a minimum lot size of one acre and are strictly limited to either residential or agricultural uses. That said, the alignment shown on the existing Master Street Plan currently appears to more or less align with existing slopes and contours on the site and is likely the most feasible route given the existing topography. The final alignment is ultimately determined at the time of a development, when constructability (including any necessary floodplain, wetland, or tree preservation mitigation) is taken into consideration. While also taking topographic and geographic considerations into account, redundancy in street connections is another important factor in establishing necessary future streets. With this proposed connection located just shy of one mile south of E. Huntsville Road, this location was meant to act as a secondary east/west connection to relieve any future congestion along E. Huntsville Road should the area continue to develop. With the White River to the north of E. Huntsville Road and significant topography south of the subject Master Street Plan connection, this link represents the sole, viable, planned transportation link in the area. Prior to the preparation and adoption of the current Master Street Plan, the City conducted extensive studies as required by Ark. Code Ann. § 14-56-414. Without another more formal study for the area to re-evaluate the necessity of the proposed street, staff recommends that the street connection be maintained to protect the potential for future east/west connectivity in the area should development occur within the next 20 years. At the February 12, 2024 Planning Commission meeting, a motion to approve the applicant's request and remove the Master Street Plan connection failed with a vote of 3-6-0; Commissioners Winston, Payne, and Holcomb were in favor of its removal; Commissioners McGetrick, Sparkman, Brink, Garlock, Madden, and Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 207 of 286 Gulley were opposed. Conversation centered around the Commission's responsibility to create plans for the area, and that the Master Street Plan was a tool to establish what might be needed in the future. Commissioners recognized that construction on the street is not eminent and that there was not a current plan to construct the road, but they also indicated that they could not establish that it would not be a necessary connection in the future to help maintain cross -connectivity and a redundant street network in the area. They also identified that this section of the Master Street Plan had not been overlooked; after its initial adoption in 2007, the street had been downgraded in 2020 from a Collector to a Residential Link Street. Commissioners also responded to residents' concerns about future development and land preservation, and cited other mechanisms to obtain that outcome, such as the dedication of conservation easements to preserve land in perpetuity. Those who were in favor of its removal cited that there had historically been efforts to minimize development in this area and felt that the removal of the Master Street Plan was an opportunity to discourage growth. One motion was also made by Commissioner Payne and seconded by Commissioner Winston to table the item until March 11 so that a tour could be organized; this motion failed with a vote of 2-7-0. Public comment is summarized above, and written comment is included in the attached Planning Commission staff report. Before the Planning Commission and since, Fayetteville's Legal Department issued advisory information on the City's authority to draft and maintain a Master Street Plan. In addition to contesting an assertion by applicants and their representative that the City's Master Street Plan diminishes property value, recognition is provided for the City's statutory authority to implement planning tools necessary for the "coordinated, adjusted and harmonious development of the municipality and its environs." The Legal Department memorandums are attached to this report. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Appeal Letter (#3), Exhibit A (#4), City Attorney Memo (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Page 208 of 286 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-1791 APPEAL: ADM-2024-0001: Administrative Item (2277, 2400, 2423, 2555 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552 AND 2600 S. HUNT LN/WOODRUFF, KLINE, WANG, WARDEN, DURNING, FARKAS/GREGORY, DURNING AND HAMM, 595): Submitted by RONALD WOODRUFF for properties located at 2277, 2400, 2423, 2555 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552, AND 2600 S. HUNT LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 213.3 acres. The request is to modify the Master Street Plan. A RESOLUTION TO GRANT THE APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ADM-2024-0001, AND TO AMEND THE MASTER STREET PLAN TO REMOVE AN APPROXIMATELY 1.5 MILE SECTION OF A PLANNED RESIDENTIAL LINK STREET BETWEEN SOUTH MALLY WAGNON ROAD AND SOUTH DEAD HORSE MOUNTAIN ROAD WHEREAS, several landowners outside of the City limits but within the City's planning area petitioned to remove a 1.5 mile portion of a planned Residential Link Street in the Master Street Plan that would provide a future east/west connection from South Mally Wagnon Road to South Dead Horse Mountain Road; and WHEREAS, on February 12, 2024, the Planning Commission denied the petition by a vote of 3-6; and WHEREAS, the petitioners have properly appealed this denial by their letter delivered to City Clerk Treasurer Kara Paxton on February 27, 2024. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the petitioners' appeal of the Planning Commission's denial of ADM-2024-0001 and amends the Master Street Plan by removing an approximately 1.5 mile section of a planned Residential Link Street between South Mally Wagnon Road and South Dead Horse Mountain Road as shown in Exhibit A attached to this Resolution. Page 1 Page 209 of 286 HALL LSTILL ATTORNEYS AT LAW VIA HAND DELIVERY Kara Paxton City Clerk City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 RECEIVED FEB 217 2024 CITY OF FAYE T TEVI LLE CITY CLERKS OFFICE February 27, 2024 Re: Appeal of Planning Commission ADM 2024 -0001 Dear Kara: Robert K. Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com I hope this letter finds you well. Please know that I am now representing the seven (7) families that filed a petition with the Planning Commission to modify the City's Master Street Plan from 2040 City Plant This modification request was to take the form of vacating a certain proposed "Residential Link Street". This petition was filed in order to get the City to delete the designation and planned placement of a proposed roadway on the Master Street Plan running across petitioners' lands from Dead Horse Mountain Road east to Mally Wagnon Road. The proposed road is outside of the City Limits and within the authorized planning area of the City. It is petitioners' view that the purpose of the roadway would not and will not in the foreseeable future, provide a necessary purpose that cannot be met by the use of existing roadways including but not limited to Huntsville Road which lies less than a mile to the North. In its denial, the Planning Commission failed to give proper consideration for the significant negative financial impact the current designation and future placement of the road has on landowners. The proposed 52-foot roadway constitutes a cloud upon the title of lands owned by petitioners and as such, requires disclosure to perspective buyers. Constitutional issues related to the "taking" without just compensation must also be considered. One petitioner lost multiple sales on his property because of this road which is a taking. Failure of notice and lack of due process violations were also not given adequate consideration and can be corrected by vacating and removing the proposed roadway from the Master Street Plan. The uplands to the south of the proposed roadway (i.e. Bear Mountain) contribute to the west fork of the White River Watershed. The proposed road will adversely affect springs, runoff, and cause flooding of some of petitioners' homes and other lands below. The Planning Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Tulsa • Oklahoma City • Northwest Arkansas • Denver www.hallestill.com Page 210 of 286 Kara Paxton February 27, 2024 Page 2 Commission failed to follow the mandates of the 2040 Plan which specifically states that agricultural land and springs should be avoided. The inclusion of this road greatly encroaches upon existing wildlife habitat (plant and animal), diminishing privacy and quality of life for folks who have elected to live rural existence. Many neighbors join in our efforts to save our property and way of life from all negative effects caused by construction and placement of the proposed roadway. While recommending the denial, planning staff noted "given the property's current location within Washington County, and lack of immediate adjacency to the City Limits, staff does not foresee any city -initiated construction of this connection acknowledges that there do not appear to be any portions of the connection currently built or planned for construction or development". Further, as was discussed at the Planning Commission meeting, most of the petitioners had no notice of this road and were told that when the road was first proposed in 2007 we should have been watching the City's website to see where it was being placed. What this tells me is that there truly was a lack of notice to all of the petitioners except for one who bought his land later. Further, the City's method of giving notice of proposed streets to affected residents of the County amounts to no notice at all. Therefore, pursuant to Unified Development Code 155.05(A)(1)(f) we appeal to City Council asking it to grant this Appeal and vacate this proposed street and remove it from the Master Street Plan. Very truly yo , Robert K. Rhoads RKR:mcm Cc: Kit Williams Blake Williams Jesse Masters Mayor Jordan Clients 20116086.1: 999999.09515 Page 211 of 286 I&WROPIMM Z7_4kwdiL v 1_1111. & MkI, i t 43 i7A ro Juvelupec M IA [A 0_1 I -A 1: 1 Ell " _j - I L a I; ri" — - 101, PIMIR J)JtRAX 12 coal 10- V, WI Single -Family Residential DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Jordan City Council Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal CC: Chris Brown, Public Works Director Jonathan Curth, Development Services Director FROM: Blake Pennington, Senior Assistant City Attonie DATE: February 28, 2024 RE: Master Street Plan Amendment Appeal Summary On February 12, 2024, the Planning Commission denied an application of several landowners outside of the city limits to remove a planned future street from the Master Street Plan. The applicants have properly appealed the denial and the appeal is set to be heard by the City Council on March 19, 2024. The applicants have raised claims that the planned future street alignment shown in the Master Street Plan that crosses their properties diminishes the value of their land and constitutes a taking without just compensation. However, both state and federal law authorize the City to adopt plans for potential future development without those plans being considered takings. Furthermore, the Private Property Protection Act likely has no application to the adoption of the Master Street Plan's alignment of potential future streets. The City Council should feel unrestrained by the threat of litigation when making its decision in this instance. Arkansas law and our City plans provide factors that are appropriate to consider. The City Council may also consider the potential impacts of these plans on landowners. Page 213 of 286 Master Street Plan Amendment Appeal BackLyround The following background was provided by Development Review Manager Jessie Masters in her memo to the Planning Commission: The proposed connection has been on the Master Street Plan since 2007 (Resolution 161-07) where it was originally classified as a Collector Street for the 2025 Master Street Plan; this is the equivalent of a Neighborhood Link Street under 2040 Master Street Plan Standards. After being re -affirmed as a Collector Street in 2011 (under the 2030 Master Street Plan, Resolution 166-11), the portion in question was downgraded from a Collector Street to a Residential Link Street with the adoption of the 2040 Master Street Plan (Resolution 15-20). In 2007, the street was established after significant study, public interaction, and multiple considerations by the Planning Commission and City Council. The applicants, homeowners whose land the future potential street extension is shown as crossing, stated the basis for their request was a diminution in value of their property, watershed and flooding concerns, protection of wildlife, diminished privacy, and an overall negative impact to their existing quality of life. Staff recommended denial of the request without another more formal study to re- evaluate the need for the proposed street. The Planning Commission denied the request by a vote of 6-3. The Law 1. Could the adoption of the Master Street Plan and the alignment of a potential future street be considered a taking? Under existing Arkansas and federal case law spanning nearly 100 years, the adoption of a plan for a potential future road cannot be considered a taking. Article 2, section 22 of the Arkansas Constitution provides that "the right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated or damaged for public use, without just compensation therefor." The Arkansas Supreme Court has interpreted this provision to require compensation for a taking when a municipality acts in a manner which substantially diminishes the value of a landowner's land, and its 2 Page 214 of 286 Master Street Plan Amendment Appeal actions are shown to be intentional. Robinson v. City of Ashdown, 301 Ark. 226, 783 S.W.2d 53 (1990). As explained below, however, there are limits to the types of acts that can constitute a taking. In Danforth v. United States, 308 U.S. 271 (1939), a landowner contended that the "taking" of his property had occurred prior to the institution of condemnation proceedings, and that he was entitled to compensation from the date of the enactment of the federal Flood Control Act. His theory was that passage of the Act immediately diminished the value of the property because the Act contemplated the use of his property for a floodway easement. However, the US Supreme Court denied that the landowner was entitled to such retrospective compensation, holding that "a reduction or increase in the value of property may occur by reason of legislation for or the beginning or completion of a project. Such changes in value are incidents of ownership. They cannot be considered as a 'taking' in the constitutional sense." Id. at 285. "The mere enactment of legislation which authorizes condemnation of property cannot be a taking. Such legislation may be repealed or modified, or appropriations may fail." Id. In Agins v. City of Tiburon, 447 U.S. 255 (1980), the US Supreme Court agreed with the California Supreme Court's holding that a municipality's good - faith planning activities through the adoption of zoning ordinances did not so burden landowners' enjoyment of their property as to constitute a taking. Appellants also claim that the city's precondemnation activities constitute a taking. See nn. 1, 3, and 5, supra. The State Supreme Court correctly rejected the contention that the municipality's good -faith planning activities, which did not result in successful prosecution of an eminent domain claim, so burdened the appellants' enjoyment of their property as to constitute a taking ... Even if the appellants' ability to sell their property was limited during the pendency of the condemnation proceeding, the appellants were free to sell or develop their property when the proceedings ended. Mere fluctuations in value during the process of governmental decisionmaking, absent extraordinary delay, are "incidents of ownership. They cannot be considered as a 'taking' in the constitutional sense." (citations omitted). Id. at 263 n. 9. 3 Page 215 of 286 Master Street Plan Amendment Appeal National By -Products Case In National By -Products, Inc. v. City of Little Rock, the Arkansas Supreme Court held that the Little Rock Regional Airport Commission's plan to expand a runway through property owned by National By -Products was not a taking in violation of the Fifth Amendment to the United States Constitution and Ark. Const. art. 2, § 22. 323 Ark. 619, 916 S.W. 2d 745 (1996). The Court described the claims of National By -Products, which are similar to claims the City has heard as follows: National's competitors approached National's suppliers and informed them of newspaper articles about the proposed runway extension... According to National, prospective purchasers of National's business, once informed of the proposed airport expansion, have immediately lost interest in buying the company. Additionally, National has had extreme difficulty in retaining its management and employees. In sum, National alleges it has suffered material harm to its operations to the extent that it has been substantially deprived of the use and enjoyment of its property. As a result of the Commission's actions, which have "effectively frozen [its] operation and have depressed land values," National claims that its property has been rendered unfit for its highest and best commercial use. National further claims that the Commission's actions have resulted in permanent and substantial interference and deprivation amounting to an actual or constructive taking in violation of the Fifth Amendment to the United States Constitution and Ark. Const. art, 2, § 22. National has asked for the fair market value of its property from the date the taking was effective. Id. at 622-23. The Court found that National's property continued to be used for its traditional purpose as a rendering plant and neither the City nor the Commission placed any direct restraint on that use. The Court also recognized that there was no allegation that the City or the Commission acted in bad faith in its dealings with the landowner. The Court held, therefore "it is clear that, on the facts before us, any damages sustained by National were insufficient to support an action for inverse condemnation. When viewing the allegations in the amended complaint in F Page 216 of 286 Master Street Plan Amendment Appeal a light most favorable to National, it cannot be said that the Commission's actions constituted a taking of National's property." Id. at 627-28. In reaching its decision in National By -Products, the Arkansas Supreme Court cited its previous decision in Hood v. Chadick, County Judge, 272 Ark. 444 (1981). After the Jefferson County courthouse burned in 1976, the County developed a plan to rebuild the courthouse that would have required taking a portion of adjacent property for parking and landscaping. Hood, who owned that adjacent property, sued the County seeking damages over this plan. Then the County filed its own condemnation counterclaim. The plan to rebuild the courthouse was referred to the voters and defeated in the election so the County dismissed its condemnation claim. The Arkansas Supreme Court held that the trial court properly dismissed Hood's claims concluding that, when the county did not take possession of or even enter upon Hood's property, "no damages were allowable for a mere 'threat to condemn."' Id. at 447. The Court also cited its decision in Southwestern Water Co. v. Merritt, 224 Ark. 499, 275 S.W.2d 18 (1955), in which it held that the actual taking or damage of lands for public use is what must be compensated under the state and federal constitutions, not a plan to take or damage the land. National By -Products, 323 Ark. at 626. The Court further stated in National By -Products that its decision in Hood is "consistent with the law in several jurisdictions which adhere to the general rule that mere plotting or planning in anticipation of an improvement does not constitute a taking or damaging of the property affected where the government has not imposed a restraint on the use of the property." Id. (internal citations omitted). Finally, the Arkansas Supreme Court cited Westgate Ltd. v. State, 843 S.W.2d 448 (Tex. 1992), a case out of the Texas Supreme Court, which held that public policy considerations supported its continued adherence to the general rule: Construction of public -works projects would be severely impeded if the government could incur inverse condemnation liability merely by announcing plans to condemn property in the future. Such a rule would encourage the government to maintain the secrecy of proposed projects as long as possible, hindering public debate and increasing waste and inefficiency. After announcing a project, the government would be under pressure to acquire the needed property as quickly as possible to 5 Page 217 of 286 Master Street Plan Amendment Appeal avoid or minimize liability. This likewise would limit public input, and forestall any meaningful review of the project's environmental consequences. The government would also be reluctant to publicly suggest alternative locations, for fear that it might incur inverse condemnation liability to multiple landowners arising out of a single proposed project. Failing to consider available alternatives is not only inefficient, but is at odds with proper environmental review. 843 S.W.2d 448 at 453 (citations omitted). As we recognized in Hood, these policy reasons might not be applicable where a condemning authority is accused of intentionally injuring a landowner. However, as conceded by counsel for National during oral argument, the Commission, through its actions, did not manifest such an intent to cause injury. National By -Products, 323 Ark. at 627. In adopting City Plan 2040 and the Master Street Plan, the City undertook an intensive, data -driven study with a significant amount of public input as well as review by and input from staff, the Planning Commission, and the City Council before those plans were adopted. It simply cannot be said that the City acted in bad faith. Even if the Master Street Plan alignment could somehow be considered a "threat to condemn" at some point in the future, the Hood and Southwestern Water cases establish that a plan or threat to condemn at some point in the future does not constitute a taking of or damage to the property subject to the plan. 2. Is there a potential claim under the Private Property Protection Act for Master Street Plan alignment? No, the Private Property Protection Act ("PPPA), Ark. Code Ann. § 18-15- 1701, et seq. does not provide property owners with any remedy to seek damages against the City for diminished value in this case. The PPPA provides that if a landowner can establish that a regulatory program implemented by a governmental unit has permanently reduced the fair market value of property by at least 20% then the governmental unit may either pay compensation for the reduction in fair market value or invalidate all or part of the regulatory program. The law contains several requirements and exemptions, some of which are relevant to the claims made by the applicants seeking a change to the Master Street Plan. G Page 218 of 286 Master Street Plan Amendment Appeal First, to assert a taking, the regulatory program must have been implemented at the time the owner acquired title or after April 2, 2015, whichever is later. Ark. Code Ann. § 18-15-1703(a)(3). In this case, the segment of street being challenged has been in the Master Street Plan since 2007, when the City Council approved Resolution 161-07, which is well before the date provided in the PPPA. Second, even if the Court used the 2020 adoption of the Master Street Plan, which contained the same alignment as the 2007 plan, the PPPA exempts "the discontinuance or modification of a program, rule, or regulation that provides a unilateral expectation that does not rise to the level of a recognized interest in private real property." Because the Master Street Plan does not give the City any recognized interest in private real property, the claim would not stand. However, even if a court somehow detennined the PPPA applies and that the adoption of the Master Street Plan diminished the value of their land by more than 20%, the City would have the option to remove that portion from the Master Street Plan in lieu of payment of damages. 3. What standards can the City Council consider for an application to amend the Master Street Plan? Ark. Code Ann. § 14-56-403 includes several factors that can be considered when making and amending comprehensive plans like our Master Street Plan. I am attaching the memo I sent to the Planning Commission about the factors in state law. Staff will provide additional information about the decision to include this in our Master Street Plan as part of City Plan 2040 and the reasons for their recommendation to retain it. Conclusion An applicant's threat of litigation over an inverse condemnation or other claim should not deter the City Council from exercising its authority under Ark. Code Ann. § 14-56-502 to "adopt and enforce plans for the coordinated, adjusted and harmonious development of the municipality and its environs." Landowners who have an unwanted potential future street identified in the Master Street Plan on their property have no valid claim that the plan is a taking and, therefore, are not entitled to compensation from the City. The only remedy available, which is what these applicants are doing, is to request that the City Council remove the unwanted portion of street from the Master Street Plan. 7 Page 219 of 286 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney TO: Planning Commission Hannah Hungate Assistant City Attorney CC: Jessie Masters, Development Review Manager Stacy Barnes Paralegal FROM: Blake Pennington, Senior Assistant City Att DATE: February 7, 2024 RE: Master Street Plan Amendments An application to remove a planned future street outside of the city limits but within the City's planning area from the Master Street Plan will be considered by the Planning Commission on Monday, February 11. The applicants may attempt to raise claims about diminished property values, uncompensated takings, or inverse. condemnation. These are not issues that are relevant to the Planning Commission's decision about whether to recommend to the City Council that the Master Street Plan should be amended. Ark. Code Ann. § 14-56-402 authorizes the City to "adopt and enforce plans for the coordinated, adjusted and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-403 explains the purposes of these plans: (a) The plans of the municipality shall be prepared in order to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens. (b)The plans may provide, among other things, for: (1) Efficiency and economy in the process of development; (2) The appropriate and best use of land; (3) Convenience of traffic and circulation of people and goods; (4) Safety from fire and other dangers; (5) Adequate light and air in the use and occupancy of buildings; Page 220 of 286 Master Street Plan Amendments (6) Healthful and convenient distribution of population; (7) Good civic design and arrangement; (8) Adequate public utilities and facilities; and (9) Wise and efficient expenditure of funds. Among the powers and duties of the Planning Commission is the creation of a planning area map and also "plans for all, or any portion of, the area encompassed by the map" which may include "a master street plan[]." Ark. Code Ann. § 14-56-412. Ark. Code Ann. § 14-56-414 provides further guidance about the development of plans, including the requirement that "suitable studies" be undertaken related to the plans to be prepared. Staff can verify that extensive studies were done prior to the adoption of the current Master Street Plan and significant changes may require further study. Furthermore, Ark. Code Ann. § 14-56-413 grants jurisdiction to the City over a number of matters, including development, within an extended territorial jurisdiction. We generally refer to this as the City's planning area. This falls squarely within what is referred to as the City's "environs" in Ark. Code Ann. § 14-56-402 cited above. Therefore, the City's also has the authority to adopt and enforce plans, including a master street plan, for the "coordinated, adjusted and harmonious development" of lands within its territorial jurisdiction for those purposes listed above. A number of state and federal cases significantly undermine any legal claims a landowner might try to bring against the City for alleged diminution of value or uncompensated taking. I will not go into those here because I don't want to distract the Planning Commission from the relevant considerations. Suffice it to say that landowners who have an unwanted potential future street identified in the Master Street Plan on their property have no valid claim that the plan is a taking and are not entitled to compensation from the City. The only remedy available is to request that the City Council remove the unwanted portion of potential future street from the Master Street Plan. Conclusion When snaking your decision on the applicant's proposal to remove this portion of potential future street from the Master Street Plan, you should consider the purposes listed above as well as the goals and guiding policies of the Master Street Plan itself, which is covered very well in the staff report. 2 Page 221 of 286 CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: February 12, 2024 Updated with results from February 12, 2024 PC Meeting SUBJECT: ADM-2024-0001: Administrative Item (2277, 2400, 2423, 2550 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552 AND 2600 S. HUNT LN/WOODRUFF, KLINE, WANG, WARDEN, DURNING, FARKAS/GREGORY, DURNING AND HAMM, 595): Submitted by RONALD WOODRUFF for properties located at 2277, 2400, 2423, 2550 S. ED EDWARDS RD, 2303 S. MALLY WAGNON RD, 2433, 2479, 2748, 2552, AND 2600 S. HUNT LN. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 213.3 acres. The request is to modify the Master Street Plan. The request is to modify the Master Street Plan. RECOMMENDATION: Staff recommends denial of ADM-2024-0001. RECOMMENDED MOTION: "I move to deny ADM-2024-0001." BACKGROUND: The subject area is southeast of the City limits in Washington County, within the Fayetteville Planning Area. Containing 11 parcels in total, the properties range from undeveloped, agricultural, and low -density, single family uses. The current property owners have no specific development plans, though at least one property owner intends to sell, and has expressed difficulty in completing a transaction due to the existence of a planned Master Street Plan connection on his property. The surrounding land use and zoning is depicted on Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Rural Residential Washington County; A/SF Res I Unit per Acre South Rural Residential Washington County; Ag/SF Res I Unit per Acre West Rural Residential Washington County; A/SF Res I Unit per Acre East Rural Residential Washington County; Ag/SF Res I Unit per Acre Proposal: The petitioners request to have an approximately 1.5-mile section of a planned 2.25- mile connection of the 2040 Master Street Plan removed from the subject properties. The proposed Residential Link Street would provide a future east/west connection from S. Mally Wagnon Road connecting eventually to S. Dead Horse Mountain Road to the west. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 222 of 286 Paqe 1 of 65 DISCUSSION: On the balance of considerations, staff does not support the applicants' request. The proposed connection has been on the Master Street Plan since 2007 (Resolution 161-07) where it was originally classified as a Collector Street for the 2025 Master Street Plan; this is the equivalent of a Neighborhood Link Street under 2040 Master Street Plan Standards. After being re -affirmed as a Collector Street in 2011 (under the 2030 Master Street Plan, Resolution 166-11), the portion in question was downgraded from a Collector Street to a Residential Link Street with the adoption of the 2040 Master Street Plan (Resolution 15-20). In 2007, the street was established after significant study, public interaction, and multiple considerations by the Planning Commission and City Council. Master Street Plans account for a longer -term potential for the property, and are considered to be just that; a plan. The Master Street Plan is a policy document to help guide decisions regarding location, form, function, design, and classifications of streets. The Plan considers infrastructure and anticipates where new building developments might occur to plan for possible street connections and capital expenditures. Arkansas State Law establishes a 2-mile territorial jurisdiction for cities with a population between 60,000 — 150,000, under the premise that those lands may be annexed by the City in the future. Further, under that requirement as established by the State, the city Planning Commission is charged with preparing plans for that area, which includes the creation of a Master Street Plan; that plan may be adopted to designate the general location, characteristics, and functions of streets and highways to be reserved for future public acquisition. The Master Street Plan is not a formal land acquisition, an allocation of funding, or a construction document, nor does it establish a final alignment. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not foresee any City -initiated construction of this connection and acknowledges that there do not appear to be any portions of the connection currently built or planned for construction or development. Further, any near -term development in the area would be subject to the zoning standards as established by Washington County, which require a minimum lot size of one acre and are strictly limited to either residential or agricultural uses. That said, the alignment shown on the existing Master Street Plan currently appears to more or less align with existing slopes and contours on the site and is likely the most feasible route given the existing topography. The final alignment is ultimately determined at the time of a development, when constructability (including any necessary floodplain, wetland, or tree preservation mitigation) is taken into consideration. While also taking topographic and geographic considerations into account, redundancy in street connections is another important factor in establishing necessary future streets. With this proposed connection located just shy of one mile south of E. Huntsville Road, this location was meant to act as a secondary east/west connection to relieve any future congestion along E. Huntsville Road should the area continue to develop. With the White River to the north of E. Huntsville Road and significant topography south of the subject Master Street Plan connection, this link represents the sole, viable, planned transportation link in the area. Prior to the preparation and adoption of the current Master Street Plan, the City conducted extensive studies as required by Ark. Code Ann. § 14-56-414. Without another more formal study for the area to re-evaluate the necessity of the proposed street, staff recommends that the street connection be maintained to protect the potential for future east/west connectivity in the area should development occur within the next 20 years. Public Comment: Staff has met with the petitioners and discussed the proposal. Petitioners' major concerns are reflected in the petition provided, and additional written comment provided by Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 223 of 286 Paqe 2 of 65 individuals in the group is also attached to this packet. Petitioners are primarily concerned with a perceived diminished value in their property due to the existence of this Plan, watershed and existing flooding in the area that may be exacerbated by the addition of a street and subsequent development, future constructability of the street, the protection of existing wildlife habitat, diminished privacy, and an overall negative impact to the existing quality of life. RECOMMENDATION: Staff recommends denial of ADM-2024-0001; if the Planning Commission votes to forward the item to City Council with a recommendation of approval, staff recommends the following conditions. 1. Approval of the removal of this segment of the Master Street Plan connection does not reflect approval of any associated lot split or other planned development; any planned developments must be submitted according to the allowances in relevant City code. PLANNING COMMISSION ACTION: Required YES Date: February 12, 2024 O Tabled O Approved [771 Denied Motion: MOTION #1: BRINK Second: GULLEY To extend speaking time of applicants Vote: (motion withdrawn) BUDGET/STAFF IMPACT: None Attachments: • City Attorney Memo MOTION #2: PAYNE WINSTON TABLE TO MARCH 2-7-0 (McGetrick, — Sparkman, Brink, Garlock, Madden, Gulley, Holcomb opposed) • Engineering Memo • Applicant Request Letter • 2007 Master Street Plan Exhibit • 2030 Master Street Plan Exhibit • 2040 Master Street Plan Exhibit • Additional Petitioner Comment • Current Land Use Map MOTION #3: GARLOCK SPARKMAN 11 APPROVE 3-6-0 (McGetrick, — Sparkman, Brink, Garlock, Madden, Gulley opposed) Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 224 of 286 Paqe 3 of 65 191 OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney TO: Planning Commission Hannah Hungate Assistant City Attorney CC: Jessie Masters, Development Review Manager Stacy Barnes Paralegal FROM: Blake Pennington, Senior Assistant City Atto — DATE: February 7, 2024 RE: Master Street Plan Amendments An application to remove a planned future street outside of the city limits but within the City's planning area from the Master Street Plan will be considered by the Planning Commission on Monday, February 11. The applicants may attempt to raise claims about diminished property values, uncompensated takings, or inverse. condemnation. These are not issues that are relevant to the Planning Commission's decision about whether to recommend to the City Council that the Master Street Plan should be amended. Ark. Code Ann. § 14-56-402 authorizes the City to "adopt and enforce plans for the coordinated, adjusted and harmonious development of the municipality and its environs." Ark. Code Ann. § 14-56-403 explains the purposes of these plans: (a) The plans of the municipality shall be prepared in order to promote, in accordance with present and future needs, the safety, morals, order, convenience, prosperity, and general welfare of the citizens. (b) The plans may provide, among other things, for: (1) Efficiency and economy in the process of development; (2) The appropriate and best use of land; (3) Convenience of traffic and circulation of people and goods; (4) Safety from fire and other dangers; (5) Adequate light and air in the use and occupancy of buildings; Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 225 of 286 Paqe 4 of 65 Master Street Plan Amendments (6) Healthful and convenient distribution of population; (7) Good civic design and arrangement; (8) Adequate public utilities and facilities; and (9) Wise and efficient expenditure of funds. Among the powers and duties of the Planning Commission is the creation of a planning area map and also "plans for all, or any portion of, the area encompassed by the map" which may include "a master street plan[]." Ark. Code Ann. § 14-56-412. Ark. Code Ann. § 14-56-414 provides further guidance about the development of plans, including the requirement that "suitable studies" be undertaken related to the plans to be prepared. Staff can verify that extensive studies were done prior to the adoption of the current Master Street Plan and significant changes may require further study. Furthermore, Ark. Code Ann. § 14-56-413 grants jurisdiction to the City over a number of matters, including development, within an extended territorial jurisdiction. We generally refer to this as the City's planning area. This falls squarely within what is referred to as the City's "environs" in Ark. Code Ann. § 14-56-402 cited above. Therefore, the City's also has the authority to adopt and enforce plans, including a master street plan, for the "coordinated, adjusted and harmonious development" of lands within its territorial jurisdiction for those purposes listed above. A number of state and federal cases significantly undermine any legal claims a landowner might try to bring against the City for alleged diminution of value or uncompensated taking. I will not go into those here because I don't want to distract the Planning Commission from the relevant considerations. Suffice it to say that landowners who have an unwanted potential future street identified in the Master Street Plan on their property have no valid claim that the plan is a taking and are not entitled to compensation from the City. The only remedy available is to request that the City Council remove the unwanted portion of potential future street from the Master Street Plan. conclncinn When making your decision on the applicant's proposal to remove this portion of potential future street from the Master Street Plan, you should consider the purposes listed above as well as the goals and guiding policies of the Master Street Plan itself, which is covered very well in the staff report. 0 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 226 Of 286 Page 5 of 65 CITY OF FAYETTEVILLE ARKANSAS TO: Jessie Masters, Development Review Manager FROM: Josh Boccaccio, Engineering Development Review Manager DATE: February 9, 2024 SUBJECT: Planning Commission Engineering Comments for ADM-2024-0001 Master Street Plan Amendment Engineering Recommendation: STAFF MEMO Engineering recommends denial of the applicant's request to remove a future master street plan connection. The East/West connectivity this proposed connection will provide will be an important part of the future street network. There appears to be topographic challenges associated with the current alignment. If the street connection is desired to be shifted, an alignment study would have to be completed to determine the most practical alignment. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 227 of 286 Paqe 6 of 65 December, 27, 2023 Chairman City of Fayetteville Planning Commission Re: Petition to Remove Cloud Upon Title Dear Chairman: 1. Payment of $100:00 application fee to be delivered to Planning Commission Office. 2. Full legal descriptions and parcel numbers for all directly affected lands is attached to the Petition marked as Exhibits A - G. 3. Attached to this letter is a Petition that sets forth the request and underlying explanation of hardships placed on each described property. This variance. has unique criteria to be addressed and considered by the Planning Commission. 4. Petitioners do not believe notification surrounding property owners is required. 5. Site plan is set out in maps displayed in CITY PLAN 2040. Copies of the maps are attached to the Petition marked Exhibit H. Petitioners offer constitutional basis and practical reasons for granting our Petition to have the "Residential Link Street": removed from City Plan 2040. ince nald G. odruff )n behalf of all Petitioners cc: Allan and Velva L. Kline Kevin and Lucia Wang Steve and Candy Warden Jerry. and Shirley Durning Richard Farkas and Carol Gregory David Hamm Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 228 of 286 Paqe 7 of 65 PETITION TO REMOVE A CLOUD UPON TITLE ON CERTAIN LANDS WITHIN WASHINGTON, COUNTY, ARKANSAS SITUATED OUTSIDE THE INCORPORATED CITY LIMITS OF FAYETTEVILLE. ARKANSAS Ronald G. and Marsha C. Woodruff. Trustees Ronald G. And Marsha C. Woodruff Family Trust Allan and Velva L. Kline. Husband and Wipe Kevin and Lucia Wang. Husband and Wile Steve and Candy Warden. Husband and Wife Jerry and Shirley Durning. Trustees The Jerry and Shirley Durning Revocable Trust Richard Farkas and Carol Gregory, Husband and Wife David Hamm, Manager Hamm Land and Cattle. LLC VS PETITIONERS City of Fayetteville, Washington County. Arkansas RESPONDENT PETIrTIO Comes now each and all Petitioners named above and ;or their Petition addressed to the City of Fayetteville (hereinafter- "The Cite-) state: Petitioners each own and hold title to parcels of real property situated outside of the corporate city limits of The City.. Documentary proofand copies of public records reflecting the ownership of each Petitioner is attached and marked as exhibit as follows: Petitioner Exhibit Parcel Woodruff Trust A 001-10982-000 and 001-10980-000 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 229 of 286 Page 8 of 65 Kline B 001 -10990-000 Wang C 001-10991-003 Warden Trust D 001-10991-000 Durning Trust E 00 1 -1 1032-000. 001 -1103 0-000. 001-11029-000 Farkas/Gregory F 001-1 1031-000, 001-11031-00 i Hamm LLC G 001 -Ill 028-000. 001 -11028-001 2. The City adopted and has implemented --Cit,, Plan 2040" Nvhich includes designation of a "Residential Link Street- that consists of a 152 foot future right of way across and through the lands owned by Petitioners. A copy of a map of lands included in "City Plan 2040" that displays the location of the designated "Residential Link Street" is attached and marked as Exhibit H. 3. The placement of the "Residential Link Street" across and through the lands of Petitioners places a cloud upon the title requiring disclosure by Petitioner to prospective buyers who may be interested in purchasing the real property. The existence of such an encumbrance upon the title to the land clearly diminishes the value of the land and constitutes a "taking" and damage to the value of the property. For example: See copy of letter request given the City Planning Commission by Kevin Wang, marked Exhibit 1. 4. The burden and cloud placed upon Petitioners' land by "The City" violates the Fifth Amendment of the united States Constitution. That an.endn_ent includes a clause known as the "Taking Clause". It states that private property shall not be taken for public use. without just compensation. This clause stands for the principle that the government should not single out isolated individuals (such as the Petitioners in this case) to bear excessive burdens. even in support of an important public good. When this happens. the remedy is the payment of''just compensation", which The City has failed to recognize and provide in "Cite Plan 2040". 5. Closer to home, Article 2 Section 22 of the Arkansas Constitution states: "The right of property is before and hi -her than any constitutional sanction; and private property shall not be Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 230 of 286 Page 9 of 65 maged for public use. without compensation therefor.'" Petiti taken, appropriated or daoners f The City. complained of herein constitutes a taking, appropriation. and submit that the actions o damage to Petitioners' property. in violation of rights granted by the state constitution. 6. The Due Process Clause of both the Firth and Fourteenth Amendment to the united States Constitution prohibits the deprivation of life. liberty. or PROPERTY fernphasis added] by the federal and state governments without due process of law. Prior to the passage of "City Plan 2040", Petitioners were ��iven no notice or opportunity to offer defense to the taking of their property. The failure of due process deprived Petitioners (and others similarly situated) the right of a fundamental fairness as granted by law. at in 2020_ Arkansas enacted a public law' setting `'territorial 7. Petitioners recogniz: th jurisdiction" for municipal governments to use for planning purposes. That distance is limited to an area of two (2) miles beyond the corporate city limits. Petitioners' lands do fall within the of "territorial jurisdiction" does not permit violation of state permitted area. However. the grant and federal constitutional protection by taking of property without just compensation. 8. The actual physical taking (-e. possession) of Petitioners real property. which is situated in a rural setting. will result in a loss of pl, , acy. quality of life. and the quiet enjoyment of home and property. all of which devalues the propert\ . In some cases. parcels of land will be ivided by the roa&avay again see -gang's request (Exhibit I) separated into two sections d 9. Many other reasons (practical. financial. and environmental) exist to support the removal of the "Residential Link Street' from City Plan 2040. including but not limited to the following: A. This proposed street crosses a major gas pipeline; B. This proposed street crosses an existing Ozark `Electric high voltage transmtss>on Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 231 of 286 Paqe 10 of 65 power line; C. This proposed street cuts through existing buildings and within a few' feet of at least one current residential dwelling and perhaps others; D. Two spring fed ponds and a third pond is directly in the path of this proposed street: E. There are gas wells situated on some of these properties that are functioning and serving two homes; F. One property is in use as an operating cattle operation; G. There are reports of existing Indian mounds located on one parcel: H. Important prairie land (Drake's Prairie) will be disturbed by this proposed street; 1. The runoff of water from the mountain to the south (Bear Mountain) is considerable and the interruption of the existing creek and other flow- ditches will likely cause significant flooding of homes on some of Petitioners' land as well as that of homeowners residing within the subdivision of The City at lower elevations: J. Neighbors living in close proximity to Petitioners' land will experience deterioration of their rural tranquil existence by the locating of this proposed street: and K. Destruction of wildlife habitat will be a direct result of such a construction project; L. Existing connecting area roadways provide the C Itv better alternatives to serve future needs of the City. FOR THE REASONS STATED. Petitioners respectfully petition the CITY OF FAYETTEVILLE to amend City Plan 2040 by removing and deleting the designation of the "Residential Link Street" that runs from Dead Horse Mountain Road east to Mally Wagnon Road across Petitioners' land. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REOIPL-4" 232 of 286 Paqe 11 of 65 A list of contact information for each petitioner is attached marked Exhibit J. Submitted by: Mr Ronald G. Woodruff on behalf of boners 2303 S. Mally Wagnon Road Fayetteville, AR 72701 ron\N'oodruff4O"�t.an iall.COm (479)841-8790 Date: December 20.2023 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 233 of 286 Page 12 of 65 EXHIBIT "A" Woodruff Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 234 of 286 Page 13 of 65 QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: THAT we, Ronald G. Woodruff and Marsha C. Woodruff, Husband and Wife, hereinafter called Grantors for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration to me in hand paid by: IIIIIIIIIIIIIIIIIIilllllll IIIIIIII IIIII III IIIIIIIIIIIIIIIIIIIIIIIIIIIIiII Doc ID: 017609720001 Type: REL Kind: QUITCLAIM DEED Recorded: 08/25/2017 at 02:33:12 PM Fee Amt: $15.00 Pape 1 of 1 Nashinpton County, AR Kyle Svlvester Circuit Clerk File2017-00026345 Ronald G. Woodruff and Marsha C. Woodruff as Trustees of "THE RONALD G. AND MARSHA C. WOODRUFF FAMILY TRUST," hereinafter called Grantees, do hereby grant, bargain, sell, and quitclaim unto the said Grantees and Grantees' assigns, the following described land situate in Washington County, State of Arkansas, to Wit: Part of the Northeast Quarter (NEI/4) of the Northwest Quarter (NW 1/4) of Section Twenty-nine (29), Township Sixteen (16) North, Range Twenty- pine (29) West of the 5'" P.M. described as follows, to -wit: Beginning at the Southast corner of said forty acre tract, and running thence North 500.01 feet, thFfcbeginning, 'e West 555 feet, thence South 500.01 feet, thence East 555 feet to the point containing 6.37 acres, more or less. Subject to any easements and/or right-of-ways of record. Note: This transfer is made for the purpose of family estate planning and no consideration is exchanged. To have and to hold the said lands and appurtenances thereunto belonging unto the said Grantees and Grantees' assigns, forever. And we, the Grantors, hereby release and relinquish unto the G i ntees our homestead in and to said lands. Witness our hand and seal on this 7"day of July, 2017. Prepared By: WOODRUFF LAW FIRM Ronald G. Woodruff P.O. Box 1866 Fayetteville, AR 72702 (479)444-8444 STATE OF ARKANSAS ) )ss. COUNTY OF WASHINGTON ) On this the 7" day of July, 2017, before me a notary public personally appeared Ronald G. Woodruff and Marsha C. Woodruff, known to: me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing instrument and acknowledge t t they_ had executed the same for the purposes therein set forth. i 4;?lf: •.,; MARSHA PAYNE My Commission Expires: I='�!•^�'. MY COML 2359259 EXPIP,i Sbe. 22, 20i8�WaC nts� —, Notary Public I certify that under penalty of false swearing that at le t the legally required amount of documentary stamps have been placed on this instrument. I ^ n nw Grantee, Rclt ald G. Woodruff asee Of the Ronald G. and Marsha C. oodruff Family Trust Mail taxes to: Ronald and Marsha Woodruff, P. O. Box 1866, Fayetteville, AR 72702 Planning Commission February 12, 2024 =ile Number: 201700026345 Page 1 of 1 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 235 of 286 Page 14 of 65 EXHIBIT "B" Kline Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 236 of 286 Page 15 of 65 WARRANTY DEED with rellnquishment of dower and homestead KNOW ALL MEN BY THESE PRESENTS: That we, C. A. Hughes, Jr, and Mary L. Hughes, husband & wife IfTm SEP -1 F1; 2 54 Yl: Do not write in this space for and in consideration of the sum of One Dollar ($1.00) and othe goodiand nn hand con pa:d bYtAllan S. to us Kline and Velva L. Kline Kline and S Allan .. do hereby grant, bargain and sell unto the said Aq013726 ,,Velva L. Kline, husband & wife, and theirys2• ='heirs and assigns, the following described land, situate in.046431 2Washington County, State of Arkansas, to -wit: 0 � hNorthwest uI of A part of the Northeast Quarter i\P E Section Twenty-nine (29), Sixteen (16)Northo4Rahge Twenty-nine Beginning at the Southwest corner (29) West, Described as follows, to -wit: BeB� g o: said forty acre tracethence North , and running thence East 765 feet, 500 feet, thence West 765 feet, thence South 500 feet to the point of s beginning and containing 8.78 acres, more or less. — APPROVED FOR RECORDATION .FAYETTEVILLE PLANNING ADy'�1 N1STRATOR SIGNED3. . DATE - .LAp TO HAVE AND TO HOLD the said lands and appurtenances thercunto belonging unto the said Allan S. Kline and Valve L. Kline, husband Z, wife, andJrheir Mary L. Hughes, heirs and assigns. forever_ And We the saidHughes, husband & wife nd and premises: that the same is unincumbcred, and we wtl hereby covenant that we are lawfully seized of said la forever warrant and defend the title to the said lands against all legal claims whatever, ateeverA. Hughes , Jr. ar And 3, the said Y L, Hughes wife of in consideration of said sum of mbney, do hereby release and relinquish unto the said Allan S. Kline and Velva L. Kline all my interest, right, title and dower and convey my homestead in and to said lands. en[ b 1980 WITNESS our hands. -and seals on this 5th o (Seal) _T_ (Scat) (Seal) ACKNOWLEDGMENT E..��(J 7.{15 STATE OF ARKANSAS l ( {ss. County of Washingtor. I BE IT REMEMBERED. That on this day came before the ithin andfor a Notary Public within and for the County aforesaid. duly commissioned and,act ing. C. A. Hughes, Jr. and Mary L. Hughes, husband 6 wife they to me •ell known as the Grantors in the foregoing Deed. and stated that had executed the same for the consideration and purposes therein mentioned and set 5cnh. day of Witness my hand and seal as such Notary Public this September 19 80 . My mission expires ' //�' � G / �S3 — — �`< L1rv✓,/__ �,ission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQLPM� 237 Of 286 Paqe 16 of 65 EXHIBIT "C" Wang Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 238 of 286 Page 17 of 65 Type: REAL ESTATE Kind: WARRANTY DEED Warranty Deed- Umaarried(ietter).rcf I of2 Recorded: 1011412022 9:05:54 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2022-00033692 Please Return To: Lenders Title Company 3761 N Mall Avenue, Suite 1 Fayetteville AR., 72703 Phone: 479-444-3333 Fax: 479-443-4256 File Number: 22-067213-500 This deed form prepared under the supervision of. J. Mark Sprddley, Attorney at Law 1501 N. University, Suite 155 Little Rock, AR 72202 Transactional data completed by L=dees Title Company Wenenty Deed - Usmz tied (I.errer).af FOR RECORDER'S USE ONLY WARRANTY DEED (UNMARRIED PERSON) KNOW ALL MEN BY THESE PRESENTS: That, Sharon Buss -Rosso (erroneously shown of record as Sharron Buss -Russo), an unmarried person, Grantor, for and in consideration of the -sum of —TEN AND 00/100-- DOLLARS ($10.00)---and other good and valuable consideration in hand paid by Kevin Wang and Lucia Wang, a married couple, Grantee(s), the receipt and sufficiency of Which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee(s), and unto their heirs and assigns forever, the following lands lying in the County of Washington and the State of Arkansas to -wit: A part of the NW1/4 of the NW114 of Section 29, Township 16 North, Ranly ge 29 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows: to -wit: Beginning at a set #4 rebar on the West line of said NW114 NWI/4, which is S01°40'39"W 925.64 feet from an existing cotton picker spindle in the top of a railroad tie fence corner post marking the NW corner of said NWI/4 NWI/4 and running thence leaving said West line, S8801410411E 1318.43 feet to the East line of said NW1/4 NWI/4, thence along said East line, S0103415011W 398.27 feet to a set #4 rebar marking the SE corner of said NWI/4 NW1/4, thence along the South line of said NW114 NWI/4, N88016111"W 1319.10 feet to an existing 2" pipe marking the SW corner of said N6V1/4 NW1/4, thence along the West line of said NW1/4 NW1/4, N01040139"E 399.02 feet, to the Point of Beginning, containing 12.07 acres, more or less, also known as adjusted Tract B. Subject to any recorded: assessments, building lines, easements, mineral reservations and/or conveyances, and restrictions, if any. Planning Commission File Number: 2022-00033692 Page 1 of 3 February 12, 2024ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQ(PL-4" 239 of 286 Page 18 of 65 TO HAVE AND TO HOLD the above described lands unto the Grantee(s) and their heirs and assigns forever, with all tenements, appurtenances, and hereditaments thereunto belonging. And I hereby covenant with the Grantee(s) that I will forever warrant and defend the title to the above described lands against all claims whatsoever. i3 WITNESS my hand and seal on this Wh day of October, 2022. 1 certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally rarr=t amount has been placed on this in5tnmrent. Exempt or no consideration paid ifnone sho TEE GRANO F*. Ke m a and g GRANTEE'S ADDMS: Sp4. e, r3R "1?762 STATE OF ARKANSAS SS. COUNTY OF WASHINGTON Sharon Buss -Rosso (aka erroneously shown of record as Sharron Buss -Russo) ACKNOWLEDGMENT BE IT REMEMBERED, that on this day came before me, the undersigned, a notary public within and for the County and State aforesaid, duly commissioned and acting, Sharon Buss -Rosso (aka erroneously shown of record as Sharron Buss -Russo); an unmarried person, to me well blown as (or satisfactorily proven to be) the person whose name is subscribed to the foregoing instrument and aclmowledged that she had executed the same for the consideration, uses and purposes therein mentioned and set forth. 106 IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this Nth day of October, 2022. cPA�RD YMN�¢G r �•• ��11 COMMVY4'1l1tiSSIV1VA 1?402884 I•. WIRS&- February 9, 2425 ; �Was'lir'Mon CAL' My commission Expires r — 2407,xr% ✓� A � Notary P -� c File Number: 2022-00033692 Page 2 of 3 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 240 Of 286 Paqe 19 of 65 EXHIBIT "D" Warden Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 241 of 286 Page 20 of 65 P�j Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 1/7/2020 8:55:23 AM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File# 2020-00000533 After recording please return to: Waco Title Company 2592 S. 48th St. Springdale, AR 72762 WARRANTY DEED (LLQ File #: 1916099-131 KNOW ALL MEN BY THESE PRESENTS: That, Eagle Holdings, LLC, an Arkansas limited liability company, hereinafter called GRANTOR(S), for and in consideration of the sum of ---ONE AND 00/100--- DOLLAR --- ($1.00) --- and other good and valuable consideration, in hand paid by Steve Warden and Candy Lynne Warden, husband and wife, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto Steve Warden and Candy Lynne Warden, husband and wife, hereinafter called GRANTEE(S), and unto his heirs and assigns forever, the following described lands lying in Washington County, Arkansas to -wit: SEE ATTACHED EXHIBIT "A" TO HAVE AND TO HOLD the same unto the said Grantee(s) and unto his heirs and assigns forever, with all appurtenances thereunto belonging. And the Grantor(s) hereby covenants with said Grantee(s) that it will forever warrant and defend the title to the said lands against all claims whatsoever. Prepared under the supervision of Brian Blackman, Attorney 2592 S. 4811 St. Springdale, AR, 72762 Planning Commission File Number: 2020-00000533 Page 1 of 4 February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 242 of 286 Paqe 21 of 65 IN TESTIMONY WHEREOF, the name of the grantor and its seal are hereunto affixed by its duly authorized Member(s)/Manager(s), this 3 day of -JA,11 , 20ID. 1 certify under penalty of false swearing documentary stamps or a documentary symbol in the legally c rr ct amount has been Eagle Holdings, LLC placed on this instrument. e GRANTEE OR AGENT: By: KSDA, In Ij Me� GRANTEE'S ADDRESS: C J / L A By: Reil ?a/ L/ ACKNOWLEDGMENT STATE OF SS. COUNTY OF rrs, On this day before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, appeared in person the within named Keith Marrs to me personally known or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, who stated that he/she is the President of KSDA, Inc., the authorized Member(s)/Manager(s) of Eagle Holdings, LLC, an Arkansas limited liability company, and is duly authorized in his/her capacity to execute the foregoing instrument for and in the name and behalf of said company, and further stated and acknowledged that he/she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this �✓ day of J" . 20 ID . My commission expires: Notary Public OFFICIAL SEAL EMBER CARTER NOTARY PUBLIC. ARKANSAS } wASHINGTON COUNTY COMMISSION t:12394422 COMMISSION "p, OW13t2023 File Number: 2020-00000533 Page 2 of 4 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 243 of 286 Page 22 of 65 EXHIBIT "A" A part of the SW 1/4 of the NW 1/4 of Section 29, Township 16 North, Range 29 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a set #4 rebar on the South of the NW 1/4 NW 1/4 which is S 01140'39" W 1324.66 feet and S 88116,01" E 53.92 feet from an existing cotton picker spindle in the top of a railroad tie fence corner post marking the NW Corner of the NW 1/4 NW 1/4 and running thence leaving said South line S 88016'01" E 1241.85 feet to the centerline of Ed Edwards Road; thence along said centerline the following: S 03000'55" W 14.63 feet; S 04046'36" W 80.80 feet; S 07110'08" W 61.49 feet; S 12153'19" W 59.62 feet, along a curve to the right having a radius of 495.12 feet for a chord bearing and distance of S 14158'48" W 4.97 feet, along a curve to the right having a radius of 495.12 feet for a chord bearing and distance of S 19109'46" W 67.27 feet, along a curve to the right having a radius of 495.12 feet for a chord bearing and distance of S 23038'36" W 10.12 feet; S 26032'07" W 87.19 feet; S 33058'45" W 124.76 feet; S 39018'22" W 96.86 feet; S 42149'30" W 91.27 feet; S 45035144" W 56.94 feet; thence leaving said road centerline N 52148' 13" W 1145.69 feet to the Point of Beginning, containing 10.36 acres, more or less. AND: A part of the SW 1/4 of the NW 1/4 of Section 29, Township 16 North, Range 29 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing 2" pipe marking the NW Corner of said SW 1/4 NW 1/4 which is S 01140'39" W 1324.66 feet from an existing cotton picker spindle in the top of a railroad tie fence corner post marking the NW Corner of the NW 1/4 NW 1/4 of said Section 29 and running thence along the North line of the SW 1/4 NW 1/4 S 88016'01" E 53.92 feet to a set #4 rebar; thence leaving said North line S 521148'13" E 1145.69 feet to the centerline of Ed Edwards Road; thence along said road centerline the following: S 45135'44" W 34.67 feet; S 45115'07" W 129.58 feet; S 31036'29" W 38.66 feet; thence leaving said road centerline N 88124'39" W 849.40 feet to the west line of said SW 1/4 NW 1/4; thence along said West line N 01022'18" E 819.35 feet, to the Point of Beginning containing 11.12 acres, more or less. LESS AND EXCEPT: A part of the SW 1/4 of the NW 1/4 of Section 29, Township 16 North, Range 29 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a set #4 rebar on the West line of said SW 1/4 of the NW 1/4 which is N 01°22'18" E 500.00 feet from an existing aluminum monument (PLS #1532) marking the SW corner of said SW 1/4 of the NW 1/4 and running thence along the West line of said SW 1/4 of the NW 1/4, N 01022'18" E 160.00 feet; thence leaving said West line, S 89°20'35" E 7.22 feet to an existing fence line; thence along said fence line, S 01148'39" E 41.62 feet; thence continuing along said fence line, S 01143'52" W 118.56 feet; thence leaving said fence line, N 88124139" W 8.79 feet to the Point of Beginning, containing 0.03 acres, more or less. Subject to easements, rights -of -way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. Planning Commission File Number: 2020-00000533 Page 3 of 4 February 12, 2024ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 244 of 286 Page 23 of 65 EXHIBIT "E" Dunning Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 245 of 286 Page 24 of 65 THIS INSTRUMENT WAS PREPARED BY: MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. ATTORNEYS AT LAW 425 WEST CAPITOL, SUITE 1800 LITTLE.ROCK, ARKANSAS 72201-3525 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: "III�IIIIIIINIIII�INIIIIIIIIIIIINIIiIIIINIINIIIIIIIIIIII111NIIIIINl11111� REL Kind: WARRA6NTYIDEED2 Type. Recorded: 06/10/2019 at 01:15:18 PM Fee Amt: $20.00 Pace i of 2 Washington County, AR Kyle S i ircuit Clerk File201900016610 THAT WE, Jerry R. Durning and Shirley M. Durning, husband and wife, GRANTORS, for and in consideration of the sum of Ten and No/100 dollars ($10.00) and other valuable consideration, in hand paid by Jerry R. Durning and Shirley M. Durning, Trustees of The Jerry and Shirley Durning Revocable Trust u/a/d November 13, 2006, GRANTEES, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said Grantees, and unto their successors and assigns forever, all of the Grantors' right, title and interest in and to the following lands lying in Washington County, Arkansas: Part of the North Half of the Southeast Quarter of the Northeast Quarter of Section 30 in Township 16 North of Range 29 West, described as follows: Beginning at the Southeast corner of said 20 acre tract, and running thence North 420 feet; thence West 420 feet; thence South 420 feet; thence East 420 feet to the point of beginning, containing 4 acres, more or less. Also a 20 foot easement along the South line of the said North half of the Southeast Quarter of the Northeast Quarter for roadway purposes, beginning at the West line of the above described four acre tract and running West to the West line of said 20 acre tract. Subject to all liens and encumbrances of record. TO HAVE AND TO HOLD the same unto the said Grantees and unto their successors and assigns forever with all appurtenances thereunto belonging. And we hereby covenant with the said Grantees that we will forever warrant and defend the title to the said lands against all lawful claims or encumbrances whatever. And we, for and in consideration of the said sum of money, do hereby release and relinquish unto the said Grantees, and unto their successors and assigns, all of our right and possibility of dower, curtesy and homestead in and to the said lands. Planning Commission File Number: 201900016610 Page 1 of 2 February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 246 of 286 Paqe 25 of 65 :+ sii WITNESS our hands on this t�� day of (�l.(, e, .2019. STATE OF ARKANSAS ) ) ss. ACKNOWLEDGMENT COUNTY O FW�l) ) On this day, before me, the undersigned, a Notary Public, duly commissioned and acting, came Jerry R. Durning and Shirley M. Durning, to me well known as the Grantors in the foregoing deed, and stated that they had executed the same for the consideration, uses and purposes therein mentioned and set forth. And Grantors declared that they had, of their own free wills, executed said instrument and signed and sealed the relinquishment of dower, curtesy and homestead therein for the consideration and purposes therein contained and set forth, without compulsion or undue influence of the other. WITNESS my hand and official seal this `� day of JUIJ(V . 2019. Notary Public(3 My Commission Expires: �MAARD 1� V-Tvs: Notary Public - Arkansas Washington County ( E A L) Commission # 12695208 My Commission Expires Aug 10, 2025 I certify under penalty of false swearing that the legally correct amount of documentary stamps have been placed on this instrument. Exempt or no consideration paid if none shown. �- r —% — antec Grantee's Agent Grantee's address: 2600 Hunt Lane Fayetteville, AR 72701 2 Planning Commission File Number: 201900016610 Page 2 of 2 February 12, 2024ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 247 of 286 Page 26 of 65 THIS INSTRUMENT WAS PREPARED BY: MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C. ATTORNEYS AT LAW 425 WEST CAPITOL, SUITE 1800 LITTLE ROCK, ARKANSAS 72201-3525 WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: A11 K11111511NOW1 Doc ID: 011187180003 TV09: REL Recorded: O6/25/2C07 at 04:03:09 PM Fee Amt: $14.00 Paae 1 of 3 Naehlnaton Countv. AR 8etto Stamns Circuit Clerk F11e2007-00020041 THAT I, Shirley M. Durning, a married, GRANTOR, for and in consideration of the sum of Ten and No/100 dollars ($10.00) and other valuable consideration, in hand paid by Jerry R. Darning and Shirley M. Durning, Trustees of the Jerry and Shirley Durning Revocable Trust, GRANTEES, the receipt of which is hereby acknowledged, do hereby grant, bargain, sell and convey unto the said Grantees, and unto their successors and assigns forever, all of the Grantor's right, title and interest in and to the following lands lying in Washington County, Arkansas: A part of the North Half (N %) of the Southeast Quarter (SE %4) of the Northeast Quarter (NE '/4) of Section Thirty (30) in Township Sixteen (16) North, Range Twenty -Nine (29) West of the 51h P.M., being more particularly described as follows, to -wit: Commencing at the Southeast corner of said twenty (20) acre tract; thence North four hundred and twenty (420) feet for a point of beginning; thence West four hundred and twenty (420) feet; thence South three hundred and ninety-five feet; thence West nine hundred (900) feet to the West line of said twenty (20) acre tract; thence North along the West line of said twenty (20) acre tract to a point which is three hundred seventy-two and seventy-two hundredths (372.72) feet South of the Northwest corner of said twenty (20) acre tract; thence East one hundred and ninety-four (194) feet; thence North one hundred and sixty-four (164) feet; thence East one hundred and nineteen and five hundredths (119.05) feet; thence North two hundred and eight and seventy-two hundredths (208.72) feet to the North line of said twenty (20) acre tract; thence East along the North line of said twenty (20) acre tract to the Northeast corner of said twenty (20) acre tract; thence South along the East line of said twenty (20) acre tract to the point of beginning, containing in all 12.79 acres, more or less, subject to the following: 1. A blanket right-of-way grant to the Arkansas Western Gas Company, dated June 27, 1950 and recorded in Deed Record Book 428 at Page 192. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 248 of 286 Paqe 27 of 65 2. A blanket right-of-way grant to Ozarks Electric Cooperative Corporation filed for record July 9, 1976 and recorded in Deed Record Book 909 at Page 828 thereof. 3. An Oil and Gas Lease dated November 18, 1985 to Dunsmoor Oil & Gas Properties, and subsequently assigned to Ross Explorations, Inc., and thereafter to War Eagle Oil & Gas Company. 4. The right-of-way of an existing paved county road (commonly known as Hunt Lane along the western boundary of said twenty (20) acre tract). This conveyance is subject to the life estate of Clarence H. Eans and Pauline Eans, reserved in a Warranty Deed recorded on December 10, 1987 in Book 1987, Page 822, in the real estate records of Washington County, Arkansas. Subject to all liens and encumbrances of record. TO HAVE AND TO HOLD the same unto the said Grantees and unto their successors and assigns forever with all appurtenances thereunto belonging. And I hereby covenant with the said Grantees that I will forever warrant and defend the title to the said lands against all lawful claims or encumbrances whatever. And Grantor and Jerry R. Durning, her husband, for and in consideration of the said sum of money, do hereby release and relinquish unto the said Grantees, and unto their successors and assigns, all of our right and possibility of dower, curtesy and homestead in and to the said lands. WITNESS our hands on this r./N-,) day of , ?66Er-- y.. Shirley M. OWrning T, erry burning 2 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 249 of 286 Page 28 of 65 STATE OF ARKANSAS ) 1 ) ss. ACKNOWLEDGMENT COUNTY OF � H-11 On this day, before me, the undersigned, a Notary Public, duly commissioned and acting, came Shirley M. Durning, to me well known as the Grantor in the foregoing deed, and Jerry R. Durning, her husband, and stated that they had executed the same for the consideration, uses and purposes therein mentioned and set forth. And Grantor and Jerry R Durning, her husband, declared that they had, of their own free wills, executed said instrument and signed and sealed the relinquishment of dower, curtesy and homestead therein for the consideration and purposes therein contained and set forth, without compulsion or undue influence of the other. WITNESS my hand and official seal this, day ofytr �t.ROBER My Commission Expires: S+ U' Oiq/�y 7:.0 (S E A L) �°l/BL1G� ,ma�,�y,� ........... -*;. d I certify under penalty of false sw legally correct amount of documentary stamps have been placed on this instrument. Exempt or no consideration paid if none shown. is i `�.e' 'I •�� ''t 1. 1 c� < [ eee//J Grantee or G tee's Agent Grantee's address: lA—", ,IC�l�L7TL•'-J i t ca- �� 1006903.1 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 250 of 286 Page 29 of 65 EXHIBIT "F" Farkas/Gregory Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 251 of 286 Paqe 30 of 65 QUITCLAIM DEED (MARRIED PERSON) KNOW ALL MEN BY THESE PRESENTS: Doc ID: 017748870002 Type: REL Kind: QUITCLAIM DEED Recorded: 11/21/2017 at 04:16:04 PM Fee Amt: $20.00 Paqe i of 2 Washington CountV, AR Kyle Svlvester Circuit Clerk File2017-00035493 THAT I, Richard Bruce Farkas, Grantor, a married person, for and in consideration of the sum of Ten Dollars ($10.00), paid by Carol Lynn Gregory, my wife, Grantee, the receipt of which is hereby acknowledged, do hereby grant, convey and quitclaim unto Richard Bruce Farkas and Carol Lynn Gregory, Husband and Wife Grantees, and unto Grantees' successors and assigns forever, all of my right, title, interest, equity and estate in and to the following lands lying in the County of Washington, State of Arkansas: Part of the South Half (S/2) of the Southeast Quarter (SE/4) of the Northeast Quarter (NE/4) of Section 30, Township 16 North, Range 29 West, Washington County, Arkansas, being more particularly described as follows: Commencing at the Northwest corner of said S/2 of the SE/4 of the NE/4, thence South 00000'41" West 347.16 feet; thence South 791,42'25" East 433.66 feet to the Point of Beginning; thence South 79042'25" East 907.92 feet to the East line of said S/2 of the SEA of the NE/4; thence North 001100'49" East 584.10 feet along said East line; thence North 89052'46"West 817.03 feet along the north line of said S/2 of the SE/4 of the NE/4; thence South 10013'38" West 430.43 feet to the Point of beginning, containing 9.96 acres, more or less, and subject to any easements of record or not of record. And an easement over and across the following described lands, to -wit: Part of the S/2 of the SE/4 of the NE/4 of Section 30, Township 16 North, Range 29 West, Washington County, Arkansas; being more particularly described as follows: Commencing at the NW corner of said S/2 of the SE/4 of the NEA, thence S01000'41" W 347,16 feet, thence S 79042'25" E 433.66 feet to the point of beginning, thence N10o13'38" E 60.00 feet, thence N 79042'25" W 444.47 feet, thence SO°00'41" W 60.98 feet, thence S79°42'25" E 433.66 feet to the point of beginning. To have and to hold the same unto the said Grantees, and unto Grantees' successors and assigns forever, with all tenements, appurtenances and hereditaments thereunto belonging. WITNESS my hand and seal this 7ik day of 2017. Richard Bruce Farkas, Grantor ACKNOWLEDGMENT STATE OF ARKANSAS Planning Commission February 12, 2024 File Number: 201700035493 Page 1 of 2 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 252 of 286 Paqe 31 of 65 COUNTY OF WASHINGTON On this _c9-ni day of �" WkQ (—) , 2017, the above signatory, Richard Bruce Farkas, (known to or satisfactorily proven to me to be the same) personally appeared before me, a duly commissioned Notary Public, and personally executed this writing before me, acknowledging that he freely did same for the purposes stated in this writing. My commission expires: ck—ao- Aoaq NU-Jlulk' LQ1LbC1-0=) Notary Public KENNETH W,4YNE CARTER Notary Public - Arkansas Washington County Commission 44 12401519 Commission EXP, 11/20/2024 Planning Commission February 12, 2024 File Number: 201700035493 Page 2 of 2 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 253 of 286 Page 32 of 65 After recording please return to: Waco Title Company 6815 Isaac's Orchard Rd, Ste D Springdale, AR 72762 WARRANTY DEED (TRUSTEE) File #: 1613190-103 KNOW ALL MEN BY THESE PRESENTS: Type: REAL ESTATE Kind: WARRANTY DEED Recorded: 1/27/2017 2:50:41 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2017-00002726 That, Victoria G. Mayo, Trustee of the Victoria G. Mayo Revocable Trust u/t/d October 1, 2001, hereinafter called GRANTOR, for and in consideration of the sum of ---ONE AND 00/100--- DOLLARS --- ($ l .00)---and other good and valuable consideration in hand paid by Richard B. Farkas and Carol 4;4 L. Gregory, husband and wife, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and y Q convey unto Richard B. Farkas and Carol L. Gregory, husband and wife, hereinafter called GRANTEE(S), and unto their heirs and assigns forever, the following lands lying in Washington County, Arkansas to -wit: Part of the South 1/2 of the Southeast 1/4 of the Northeast 1/4 of Section 30, Township 16 North, Range 29 West, Washington County, Arkansas being more particularly described as follows: Beginning at the —' Northwest corner of said South 1/2 of the Southeast 1/4 of the Northeast 1/4, thence South 000 00' 41" West 347.16 feet, thence South 801 41' 34" East 433.72 feet, thence North .101 13' 38" East 422.97 feet, thence North 890 52' 46" West 503.04 feet to the point of beginning, containing 4.11 acres more or less, and subject 3 to the Right -of -Way of Washington County Road 169 along the West side of the property and a 60 foot wide easement for ingress and egress along and parallel to the South line of the property. Subject to easements, rights -of -way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. TO HAVE AND TO HOLD the same unto the said Grantee(s) and unto their heirs and assigns forever, with all appurtenances thereunto belonging. And the Grantor hereby covenant with said Grantee(s) that the Grantor will forever warrant and defend the title to the said lands against all claims whatsoever. Prepared under the supervision of Brian Blackman, Attorney 6815Isaac's Orchard Road Springdale, AR. 72762 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 254 of 286 Paqe 33 of 65 WITNESS my hand and seal on this 2�V day of {1,4 f✓�` , 20� v 1 certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been The Victoria G. Mayo Revocable Trust placed on this instrument, u/t/d October 1, 2001 GRANTEE OR AGENT: 1 hard -5,Farkas tdWol c�.Ca►-e9orJ GRANTEE'S ADDRESS: cJ 4ud t zLA— _ �! 6L By: Victoria r. yo,�T ustee -I�tlr Ile -7 2-70( ACKNOWLEDGMENT STATE OF A,A5g5 ) COUNTY OF� SS. ) BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public, duly commissioned, qualified and acting, within and for the said County and State, and appeared in person the within named Victoria G. Mayo, Trustee of the Victoria G. Mayo Revocable Trust u/t/d October 1, 2001, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and stated that she was duly authorized in such capacity to execute the foregoing Warranty Deed by Trustee for and in the name and behalf of said Trust, and further stated and acknowledged that she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this day of r� 201 i . My commission expires: Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 255 of 286 Paqe 34 of 65 EXHIBIT "G" Hamm Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 256 of 286 Page 35 of 65 Type: REAL ESTATE Kind: QUITCLAIM DEED Recorded: 4/23/2019 10:23:18 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2019-00011242 K111 M.11"I. 14.1.tJ �l :d r� KNOW ALL PERSONS BY THESE PRESENTS: THAT WE, Debbie Jean Boyce, David Doyne Hamm, and Sandra Joanne Hamm also known as Sandra Hamm Martini, hereafter Grantor whether one or more, for and in consideration of the sum of Ten and no{100 dollars (V0.00) and other good and valuable consideration, in hand paid by Hamm Land & Cattle LLC, an Arkansas limited liability company, Grantee, the receipt of which is hereby acknowledged, do hereby grant, bargain, convey, and quitclaim unto the said Grantee, and unto Grantee's successors and assigns forever, all of Grantor's interest in and to the following lands, located in Washington County, Arkansas to -wit: The fractional Northwest Quarter of the Northwest Quarter (Fri. NW t/4 of the NW K) and the West Half (W Yz) of the Northeast Quarter (NE K) of the Northwest Quarter (NW K); and the Southeast Quarter (SE 11) ofthe Northwest Quarter (NW Y4); and the Southwest Quarter (SW Y4) of the Northeast Quarter (NE V4); and 19 rods of equal and uniform width off the North side of the Fractional Southwest Quarter of the Northwest Quarter (Fri. SW V4 of NW Y); all in Section Thirty (30) in 'Township Sixteen (16) North of Range Twenty-nine (29) West, and cotrtaining in all 149.97 acres, more or less. (Legal description provided to Setivener by Grantor.) TO HAVE AND TO HOLD the same unto the said Grantee and unto Grantee's successors and assigns forever with all appurtenances thereunto belonging. Ibis inm mew prepared by: Colon T AYIN PUC Attorney 0 raw P.O. Baas 106E FayetaeviL; AR 72702 Planning Commission File Number: 2019-00011242 Page 1 of 3 February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 257 of 286 Paqe 36 of 65 (22LAVV�� vid Doyne Hamm ,1 8 111"MC1111 STATE OF ARKANSAS COUNTY OF {WASHINGTON OFFICIAL SEAL DAVID J HARRELSON NOTARY PUBLIC. ARKANSAS WASHINGTON COUNTY COMMISSION 912388786 COMMISSION EXP. 04/15/2022 On this day before the undersigned, a notary public, duly qualified and acting in and for the county and state aforesaid, personally appeared David Doyne Hamm, to me well known to be the person whose name appears as Grantor in the foregoing instrument, and stated that he had executed the some for the consideration, uses, and purposes therein stated. In witness whereof, I hereunto set my hand and seal on this /I& day of " 2019. No ublic My commission expires: i S 24Z Z Sandra Jeanne amm, also known as Sandra Hamm rtini ACIC.NOWLEDG ENT STATE OF ARKANSAS COUNTY OF WASHINGTON On this day before the undersigned, a notary public, duly qualified and acting in and for the county and state aforesaid, personally appeared Sandra Jeanne Hamm also known as Sandra Hamm Martini, to me well known to be the person whose name appears as Grantor in the foregoing instrument, and stated that she had executed the same for the consideration, uses, and purposes therein stated. In witness whereof, I hereunto set my hand and seal on this Le day of ri 2019. My commission expires: 30 "Z Notary Public (Seal) 1 eed y ■.der penalty of Also swearing that tke legally earreet amount of d metary ahtaps have been pbced on INI; taatrnment. (NO TAX DVN1 � 7� i - Grantee or Grantee's- / ARRI TULGETSKE Gnetee's Mail tss:/ ENO'lary Public -Arkansas 2395S&HauttL wesnington County Fik"Hevine,AR72701 m ss on Expires 06-30-2028 mmission 1 12704546 Planning Commission File Number: 2019-00011242 Page 2 of 3 February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQLPEM-� 258 of 286 Page 37 of 65 WITNESS our hands and seals this J�j day of A-p 0, { L, 2019. Debbie Jwn Boyce Al<KZYOWLEDGMZNT f STATE OF . [VA-5 COUNTY OF &XhIL On this day before the undersigned, a notary public, duly qualified and acting in and for the county and state aforesaid, personally appeared Debbie Jean Boyce, to me well known to be the person whose name appears as Grantor in the foregoing instrument, and stated that she had executed the same for the consideratiion, uses, and purposes therein stated. P4witness whereof, I hereunto set my hand and seal on this 16 day of L, 2019. My commission expires: 146(iSr 30 2020 (seal) �i � 1k -a ' Washington County, AR I certify this instrument was filed on 4/23/2019 10:23:18 AM and recorded in REAL ESTATE File# 2019-00011242 KvIe Sylvester -Circurt Clerk Planning Commission File Number: 2019-00011242 Page 3 of 3 February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPEM-� 259 of 286 Paqe 38 of 65 Type: REAL ESTATE Kind: QUITCLAIM DEED Recorded: 4/26/2023 11:00:29 AM Fee Amt: $25-00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2023-00010239 KNOW ALL PERSONS BY THESE PRESENTS: THAT Hamm Land & Cattle LLC, an Arkansas limited liability company, Grantor, for and in consideration of the sum of ten and no/ 100 dollars ($10.00) and other good and valuable consideration, in hand paid by David D. Hamm, Trustee, David D. Hamm Revocable Trust Under Declaration Dated April 19, 2018, Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, convey, and quitclaim unto the said Grantee, and unto Grantee's heirs, successors and assigns forever, all of Grantor's interest in and to the following lands, located in Washington County, Arkansas, to -wit: Part of the Southwest Quarter (SE r/4) of the Northeast Quarter (NE Y,) of Section Thirty (30), Township Sixteen (16) North, Range Twenty -Nine (29) West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at the Southeast corner of said 40-acre tract, said point being in Hunt Lane; thence along said Lane North, 296.18 feet; thetsce leaving said Lane West, 441.21 feet; thence South, 296.18 feet; East, 441.21 feet to the point of beginning and containing 3 acres, more or less and subject to that portion which lies in Hunt Lane on the East side. TO HAVE AND TO HOLD the same unto the said Grantee and unto Grantee's heirs, successors and assigns forever with all appurtenances thereunto belonging. This instrument prepared by Coleman Taylor PLLC Auorney at La%% P O Box SW Faycltevdle AR 72703 Planning Commission February 12, 2024 _ ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REOLPEM-� 260 of 286 Paqe 39 of 65 1 WITNESS our hands and seals on this � day of , 2023. Hamm Land & Cattle LLC DAV D DOYNF, HAMM, MANAGER SANDRA J. HAMM MARTINI, MANAGER ACKNOWLEDGMENT STATE OF ARKANSAS COUNTY OF WASHINGTON In said County and Slate, on this day, before me, the undersigned, a Notary Public in and for said County and State, personalty appeared the within named David Doyae Hamm and Sandra J. Hamm Martini, to me personally known (or satisfactorily proven), who stated that they are the Managers of Hamm Land & Cattle LLC, an Arksasas limited liability company, and are duly authorized in their capacities to execute and deliver the foregoing instrument for and in the name and behalf of said Grantor, and further stated and acknowledged that he has so signed, executed, and delivered said instrument in the capacity and for the consideration, uses, and purposes (herein mentioned and set forth. I In witness whereof, I hereunto set my hand and seal on this, day of , 2023. v cy'y%•,•, �( PUbIIC My commission expires: m j'� ; : MYC 61 (Seal) :�+:+e:ti �li�aoetreir902091 WsNllil�ln lawl�l 1 rerN$• under penalty of false swerina that the legally eerrect amouno of documentary stamps have been'laeed ea this instrument. 4NO TAX DUE), fantee o Grantee' Grantee°f Mailing A dress: 2395 S. IIuat Lane Fayenevilk, AR 72741 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 261 of 286 Paqe 40 of 65 EXHIBIT "H" Maps Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 262 of 286 Paqe 41 of 65 Page 42 of 65 ^b d pp �P.. P .•q yF]�•yyyP pV jj�� V• G�C I '- '�YI Myy�.MM1 T'S'NN 1 Y•..-M•-. tv �•— JO�.i� . rb'NN�^'t''N. TyI'YM�y4'�`�Oi �.p�' j^N �.W�.P F It �..._fs 7L r5 It l c r R o r CL 0 3 o.. r �3 - ti ,• I iS aa o _ n d i s OETl1 _ COO 1yp (J gyp 40 r:. o.ac:X.OI^titk1. «ui;b'- s? c °,�� as I .a LIB S � yr �wy�. spY..R..a•� Wit, aT- ��o�aN g oa�RnsB� o _ II T & oOR Rtaaz �0, co�d33� - ----. 5 J o $- c 1 $ IWO_— 8 8 8 j'R Q� QQ 8 8Kx�wg e ql:s Wit s wg' .. e _ N:' Err:-g:..•. 8s=ss --�i_ te a s.$s. 3� loafs— 3 eo: "s 8 8 rW c8 O das s s s_ sa='so IR n 3 Raning Ccgrnisi,r' - Fahnfaly 19 �in4_ ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REOIV� 264 Of 286 Paqe 43 of 65 EXHIBIT "I" Wang Request to City Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 265 of 286 Page 44 of 65 To whom it may concern: I am writing to you to request the review and removal or modification of a future residential link that passes through a parcel of land that I currently own and am attempting to sell. Please reference the attached survey (uploaded as supplemental information) for parcel ID 001-10991-103, address listed as 2277 Ed Edwards Rd, Fayetteville, AR 72701. The survey shows the future residential link in "Tract B", which is the parcel of land I own. From reviewing the "City Plan 2040" document, the "Residential Link Street" design of 52' of right of way access would affect the majority of any construction plans for this piece of land (home construction, neighborhood development). There have already been several potential buyers that have brought this issue up and wanted additional guarantees from my end to state that a road would not be built, which of course I am unable to provide. While I understand this residential link has no immediate dates of construction, in my request I would like to understand any available options that could lead to removing this link from the master road plan. Or alternatively, any possible modifications to this residential link that would improve my chances to sell this property and reassure any future owners that their designs for the land will not be impacted. Thank you for your time and considering this request, Kevin Wang 515-556-2433 wangkisu@gmail.com Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 266 of 286 Paqe 45 of 65 Supplemental Information for amendment ADM-2023-0041 Primary request is for the removal of the residential link that goes through parcel listed in ADM-2023-0041. However, if removal is not able to be approved, Exhibit B shows a proposed alternate route of the residential link compared with how it is currently laid out on the parcel (Exhibit A). In addition, a request for the design of the residential link to be the "Alternative Residential Link Street (Local)" design, (pg. 143, City Plan 2040 document) instead of the "Residential Link Street (Local)" design (pg. 142, City Plan 2040 document). If that alternative route is not possible, I am open to other alternative routes that will help minimize the residential link getting in the way of future construction on the property (home, septic fields, farm use, etc.). This would still help alleviate potential buyer concerns if/when this residential link is to be built. Exhibit C shows the contingency requested from a potential buyer requesting the sale be dependent on removing the proposed road from the 2040 Master Street Plan. Realtor clarified the "feasibility study" being their attempt to propose an amendment to the city. Similar requests have been brought up by potential buyers asking for documentation stating that the residential link will not be built in the future, which is not feasible. This is mainly to show the added difficulty in selling this property due to the concerns of this residential link. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIJPEM-� 267 of 286 Paqe 46 of 65 N .a ` fps • ' ` AC �. �ryC 0 i y N O- T CO 9 C g- N 0 C N 2 U= r t N0 100 O C N O� -�) uPrcN NyC rO']�61y TC� yd' S r d v O n U W L y W W h a, O t Q e `y P W° G d i n C C V N° W H Lr W N N W N y fl N U1 C 0 O _i �. 2(L'J O0 O +pp N am' O ut 0 N rI; N J C S OLn T• y M S O W 61 N -(U �) W U m QV tCJ 11A m N «t. g 1- c-< N m O o a� a. of `� W N L o on f!)Q a NV rn�aai� %rnv C ��m>`a' eN]0 O t o15 J ar L v v w N aDi o - N pf y 4t Q - N CL"..- f6j 4� f0 rc O N r OGcO U o a,' n C 4 C V fJ L>- .p N N y L Q. cQj LL W c N 4 Nrc O oW u,w uN ga es u nU L3 U c] Q = "a fr C f •U �' c ti o f o� m w w O ct O Y C- W' u T !a c K C cpo c' C N LS U O U C W mJ L«CZ r j pA L 0i Z NQ« O cFU Z U C y E OOOW M V O N N V) C N A 0 .0 C NO_ 6 E WF LU 2 O�o f LU m r❑ x O C) 0 m �❑ 2100 o C] M C C_ i G1 Y � C M C C N 4- 0 'Vf 0- v 0 °u � L L CD a1 C O i 4- u C � u O N U L U 0 c +' v to C W W Ov Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 270 of 286 Page 49 of 65 1 n � Ri4RCLTt`C €ayaaag:Baea:a si 11 fill 1111 p b is �€ �R h� DbhbhDbbD o� 11 If pp ya gcII s5c c�yEAie�de �kl�d,� a --- S 1. �ysr �rrilIP IM�MMMYrrM , [IMMM j�tiii \;6 Planning 1\lG MIME] :. ..- 1 0 EXHIBIT "J" Contact Information for Petitioners Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 272 of 286 Paqe 51 of 65 Ronald G. and Marsha C. Woodruff ronwoodruff40ngmail.com 2303 S. Mally Wagnon Road Fayetteville, AR 72701 (479)841-8790 Allan and Velva L. Kline vkline2@icloud.com 2400 S. Ed Edwards Road Fayetteville, Arkansas 72701 (479)521-5922 Kevin and Lucia Wang wan kg isuna,gmail.com 2277 S. Ed Edwards Road (physical address) Fayetteville, AR 72701 614 Oriole Drive Springdale, AR 72762 (mailing address) (515)556-2433 Steve and Candy Warden sleej32@hotmail.com 2555 S. Ed Edwards Road Fayetteville, AR 72701 (physical address) P. O. Box 11130 Fayetteville, AR 72703 (mailing address) (479)684-1807 Jerry and Shirley Durning eansduringnn aol.com 2600 S. Hunt Lane Fayetteville, AR 72701 (479)442-6367 Richard Farkas and Carol Gregory clgpa27@gmail.com 2748 S. Hunt Lane, Fayetteville, AR 72701 (479)530-3456 David Hamm 4218dhamm@gmail.com 2433 S. Hunt Lane Fayetteville, AR 72701 (physical address) 2395 S. Hunt Lane Fayetteville, AR 72701 (mailing address) (479)841-1905 Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 273 of 286 Page 52 of 65 4 FF TIT A V 16mwmF Ran z st Ld rr77i I > LU W LL WIDOW am Own am,% LL Loss 0 mammas V W < W W z I F- U) w F- w W w 0 Wz :3 z Y w t= cn z 0 (L d< . ............ L ................. .............. ... ..... . d U) < U) E Y w (L LU z x(L W < < g c) WX w w w 0 z z w K —w 0 LU 3 W LL E LU ADM-2024-0001 (MASTER STREET PLAN MODIFICATION 14EQ Paqe 53 of 65 _ z ,1 am w p•a / l 01 31 r , I s � x �W, l t W it71 ..... 1 ' , �� ' ' ... ; , as Mery _ •. �— - .. i�'I .I - , I. J71 - 1 ^ , r CIO) • x {i d; ------------------------------- -. - ------------- It i� ADM-2024=0001 (MASTER OiiO1 Y Y p o f o I I n I I I WaL ng C I ission w o= a s a February 12, 2024 3 A ►] 0 Commission February 12, 2024 MON REQL276 of 286 �� ADDITIONAL PETITIONER COMMENT ADM-2024-0001 From: Carol Gregory <clgpa27@gmail.com> Sent: Wednesday, February 7, 2024 10:07 AM To: Masters, Jessica <jmasters@fayetteville-ar.gov>; RONALD G. Woodruff <ronwoodruff40@gmail.com>; .Jerry and Shirley Durning <eansdurning@aol.com>; David Hamm <4218dham m@gmail.com>; Kevin and Lucia Wang <wangkisu@gmail.com>; Steve Warden <sleej32@hotmail.com>; Velva Kline <vkline2@icloud.com> Subject: Re: Master Street Plan - Resolutions 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. Good Morning Jessie, Thank you again for taking the time to listen to the Petitioner's concerns at our Monday meeting. I have attached a letter to the Planning Commissioners that I wish to have included in the agenda package. I am concerned about the extreme limitation on the Petitioner's speaking times and am asking in my letter that consideration be given to expanding the time to 3 minutes each so that Petitioners are afforded at least the same amount of time as the general public. It would be helpful for us to know just how much time will be given to us to speak before we arrive on Monday the 12th of February,so that we can adequately prepare. If that issue could be resolved at the agenda session and the results conveyed to us, we would appreciate that very much. Sincerely, Carol Gregory Carol Gregory AttorneyatLaw 2748 S Hunt Lane Fayetteville, AR 72701 (479)530-3456 clgpa27@gmail.com February 6, 2024 RE: Proposed Residential Link Street from Dead Horse Mountain Road to Mally Wagnon Road Fayetteville City Planning Commissioners: My name is Carol Gregory. I've lived at 2748 S Hunt Lane for the past 27 years with my husband Richard Farkas. I am a licensed attorney who practiced mostly real estate law for a number of years. I had planned to make these remarks in person on Monday night. However, since I've been informed by staff that I will have either 30 seconds or one and a half minutes of speaking time (10 minutes divided by 7 or 13 petitioners depending upon whether families or individuals are counted), I decided that writing was in order. I respectfully request that Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 277 of 286 Page 56 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 speaking time for at least one Petitioner per household be extended to 3 minutes each, so that Petitioners are accorded the same amount of time as the public at large. It seems only fair. I only very recently learned that this proposed residential link street would traverse my 14 acre sanctuary, where I care for 2 rescued elderly dwarf Shetland therapy ponies and an elderly mini donkey named Buster. As a result of my care for these animals, I am able to supply something that I call "magic pony poo" (compost) to 15 back -yard gardeners in the community. The proposed link street would cut through my property, place my animals in jeopardy, reduce my acreage and limit my ability to access the portion of land which would be on the other side of the street from my home. One of my chief concerns about this proposed project is the effect that it would have on a major watershed. There are two creeks and three ponds located on my property. One of the ponds is spring fed. One of the creeks is the watershed for much of the Bear Mountain range and it is located only a few feet from my house. It is a wet weather creek, but there are times of the year when massive amounts of water flow off the mountain range, down the creek behind my house, into our ponds and on downstream. Both creeks feed ponds that hold large amounts of water from the watershed. The proposed street would cross both of those creeks, as well as destroy two of our ponds, including the one that is spring fed. The proposed road construction would obstruct the flow of water coming through the creeks and ponds, unless massive infrastructure is built to handle the full amount of the flow. I am reasonably certain that our house will flood if this project is constructed. In fact, just a few years ago, my garage and hay barn were placed within a revised flood plain, and my house sits on the edge of that flood plain. The main reason that I am here is to put the city on notice that my home will flood if it goes through with this project, and mine will not be the only one that will be adversely affected. I understand that city engineers believe that this is not an issue, because they can engineer around any problem, but there are people all over town who have experienced otherwise, including people very near me in Stone Bridge Subdivision whose houses flooded because the city used undersized culverts in that project. In just the last couple of weeks, I've heard from a steady stream of citizens who have experienced significant flooding and erosion as a result of city interference with their land. In addition, I wish to persuade you that there is no need for this project. There are currently existing streets adequate to accommodate traffic well into the future. It's my understanding that further widening of Hwy 16 is to take place later this year and eventually will be 4 lane all the way to Elkins. Right now, there are ample connections between Hunt Lane and Ed Edwards Road. Talon, Tallgrass and Milo already serve as connector streets between Hunt Lane and Ed Edwards Road. These alternative routes have the benefit of avoiding the necessity of eminent domain, the costs of new street construction, moving utilities, contending with high voltage transmission lines owned by Ozarks Electric, and a major gas line as well. Furthermore, the existing streets go through residential neighborhoods and would not affect the Bear Mountain watershed, spring -fed Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 278 of 286 Page 57 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 ponds, ongoing agriculture enterprises, and a trail system that I've spent years building on my property. The 2040 Plan specifically states that the taking of agriculture land and springs should be avoided, because of the need to maintain both in our environment. The US Constitution (Article XIV) requires that a citizen may not be deprived of property without due process of law, which is notification and an opportunity to be heard. Amendment V of the US Constitution states that private property shall not be taken for public use, without just compensation. It is my considered belief that if governmental entities were to give more deference to, and consideration of, this most basic land rights proposition, our nation's political climate would improve tremendously. In this case specifically, with no notice to my husband and me (or the other petitioners) whatsoever, and no opportunity to be heard, the city's act of placing a line on a map (the proposed road), or failing to remove that line, has reduced the fair market value of our property, places a cloud on our title, and affects our ability to sell should we need to do so in the future. All of this is done with no feasibility studies, no allocation of funds for the project, no condemnation proceedings and no payment to my husband and me for the diminished fair market value and inability to market and sell our land. We are not guessing about this. We have the current example of our fellow petitioners, Kevin Wang and his wife, who have had 3 separate contracts for the sale of their land, all with a contingency requiring the removal of the proposed roadway from their parcel. Now that we know that the city proposes this residential link street on our land we are obligated to disclose that to any potential buyer. The Arkansas Real Estate Disclosure form would require the disclosure, and any current survey will reveal the planned street. This disclosure puts the world on notice that our land is likely to be the subject of future eminent domain litigation, significantly reducing the pool of buyers, because of the associated costs, unknown outcome, and time involved. Finally, I would also like you to understand who we the petitioners are in this case. Most of us are elderly people with health issues who value our quiet rural surroundings. My husband and I are both cancer survivors. The city's taking of our land has a detrimental effect on our health causing many of us to experience a great deal of stress at a time in our lives when that is the last thing in the world that we need. Some of us have respiratory health issues which will be exacerbated by the traffic related ozone and other pollutants that will collect in the bowl of Bear Mountain, if this project occurs. Some of my neighbors have spent their entire lives on the land that they call home and have been entrusted by their ancestors, now long gone, to care for, protect, and preserve the land for future generations. I am asking that you please, for a moment put yourselves in our shoes and understand that we are already experiencing an unconstitutional taking of our most significant investment. Even before the official eminent domain proceeding occurs, our property has been placed in limbo while we wait for the city to decide whether it really will take, byway of eminent domain, and destroy our land. Meanwhile, we are unable to make decisions about our property and have to seriously consider whether we should be spending time and money maintaining and improving the home that we love Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 279 of 286 Page 58 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 knowing that the city proposes to destroy it in the future. Please release us from this nightmare and vacate this proposed link street. Your consideration of these matters is appreciated. Sincerely, Carol Gregory From: RONALD G. Woodruff <ronwoodruff40@gmail.com> Sent: Wednesday, February 7, 2024 10:50 AM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Cc: Carol Gregory <clgpa27@gmail.com>; Steve Warden <sleej32@hotmail.com>; Velva Kline <vkline2@icloud.com>; .Jerry and Shirley Durning <eansdurning@aol.com>; Kevin and Lucia Wang <wangkisu@gmail.com>; David Hamm <4218dhamm@gmail.com> Subject: ADM 2024-0001 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. Ms. Masters: Please past this message on to the Commission at their Agenda meeting today. To the Planning Commission: Please take note that there are 7 individual property owners/applicants who have joined in this Petition. We could have sent seven proposals, but as a matter of economy of time and effort for the parties (owners and commissioners), we elected to bring our claims all together as one Petition. It would be appreciated if the commission would grant each owner the amount of time normally given to each applicant to present their position on points of interest and concern to your group. Ron Woodruff Petitioner/Property Owner/Applicant Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 280 of 286 Page 59 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 From: Steve Warden <sleej32@hotmail.com> Sent: Wednesday, February 7, 2024 1:56 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Carol Gregory <clgpa27@gmail.com>; RONALD G. Woodruff <ronwoodruff40@gmail.com>; .Jerry and Shirley Durning <eansdurning@aol.com>; David Hamm <4218dham m@gmail.com>; Kevin and Lucia Wang <wangkisu@gmail.com>; Velva Kline <vkline2@icloud.com> Subject: Re: Master Street Plan - Resolutions 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. Jessica I appreciate you taking time to read our emails. I am not writing a long formal letter because Carol has already done a great job doing that. I am one of the petitioners so I know you feel bombarded by all our correspondence but if the planning commission follows through with only allowing 10 minutes between the 7 families that are on this petition to have input verbally then correspondence is our best option. I know these planning commission meetings can be long and often confrontational but that is not what I am a petitioner want for our group. Having been in many of meetings and speaking on occasion I know that the City want to provide infrastructure for future development to be mostly paid for by developers. Many connecting street are already constructed between Ed Edwards and Hunt Lane. There is one path from Hunt lane that would be much shorter to reach Roberts Road witch already tied into Dead Horse Mountain Road which by the way s turns into Stonebridge Rd. Which at this time is the only stop light between Crossover Road and HWY 74 in Elkins on Hwy 16. So no matter how you try and connect streets you are going to create a traffic nightmare beyond belief for Dead Horse Mountain Road. That road is already too small and too many hidden driveway and one the slippery Get Outlook for iOS From: Steve Warden <sleej32@hotmail.com> Sent: Wednesday, February 7, 2024 2:10 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Carol Gregory <clgpa27@gmail.com>; RONALD G. Woodruff <ronwoodruff40@gmail.com>; .Jerry and Shirley Durning <eansdurning@aol.com>; David Hamm <4218dham m@gmail.com>; Kevin and Lucia Wang <wangkisu@gmail.com>; Velva Kline <vkline2@icloud.com> Subject: Re: Master Street Plan - Resolutions 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. Most slippery s curves in the City. This is Steve Warden and I live at 2555 Ed Edwards Road. I have been here 4 years. I own nearly 30 acres but the bottom 21 are both effectively separated from me being able to utilize them past the proposed road. I have 5 Grandchildren that I intend to teach to hunt and fish on my property. The elevation changes on my property means that it could never be a subdivision. Not to mention I have a Home Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 281 of 286 Page 60 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 with over 4,200 square ft at the top of that 21 acres with what I believe to be one of the best views in the area and I have spent a fortune creating this view. I am constantly fighting watershed on the gas line right of way that 1,300 feet long 60' wide in a grade probably 20% or better. The proposed road is quite possibly the worst place it could have ever been drawn. Please help us get it removed and let developers add roads as they are needed in the future when you can follow a correct path of notifications and public input each time a development tries to happen because I know one has already failed on Dead Horse Mountain road recently. Thanks, Steve Warden 479-684-1807 Get Outlook for iOS From: eansdurning@aol.com <eansdurning@aol.com> Sent: Wednesday, February 7, 2024 2:47 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Carol Gregory <clgpa27@gmail.com>; RONALD G. Woodruff <ronwoodruff40@gmail.com>; Velva Kline <vkline2@icloud.com>; Kevin and Lucia Wang <wangkisu@gmail.com>; Steve Warden <s1eej32@hotmai1.com>; cigpa27@gmail.com Subject: petition concerning connector street 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, all, I have written and rewritten so many times and lost so much sleep since this came to light in October, 2023. Having lived on Hunt Lane since 1946, 1 have a very strong attachment. Only child and with my one and only husband since 1969, we feel that we could lose our paradise. The line heads up our driveway, over my cherished creek, and dead on wipes out our two big Amco buildings and possibly our home, established in 1978. Eight model T and model A cars built by Bill Durning, surround Jerry in his man cave and refuge he visits most evenings.There are old -growth trees and dogwoods and redbuds in the path of the road.Our usually gentle creek will be eroded and our fields will be even more swampy.Birds and wildlife will lose cover and arable land destroyed forever. Those who make the decision must at least walk the path, hear the frogs and see what is at stake. Hunt Lane is special. My surviving childhood friends, neighbors and cousins have stayed or returned to live out their days here. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 282 of 286 Paqe 61 of 65 ADDITIONAL PETITIONER COMMENT ADM-2024-0001 From: Ronald Woodruff <ronwoodruff40@gmail.com> Sent: Wednesday, February 7, 2024 4:23 PM To: eansdurning@aol.com Cc: Carol Gregory <clgpa27@gmail.com>; Masters, Jessica <jmasters@fayetteville-ar.gov>; Kevin and Lucia Wang <wangkisu@gmail.com>; Steve Warden <sleej32@hotmail.com>; Velva Kline <vkline2@icloud.com>; cigpa27@gmail.com Subject: Re: petition concerning connector street 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. Hope you will be able to pass your passion for this property on to the commission. Ron Woodruff On Wed, Feb 7, 2024 at 2:49 PM . <eansdurning@aol.com> wrote: Hello, all, I have written and rewritten so many times and lost so much sleep since this came to light in October, 2023. Having lived on Hunt Lane since 1946, 1 have a very strong attachment. Only child and with my one and only husband since 1969, we feel that we could lose our paradise. The line heads up our driveway, over my cherished creek, and dead on wipes out our two big Amco buildings and possibly our home, established in 1978. Eight model T and model A cars built by Bill Durning, surround Jerry in his man cave and refuge he visits most evenings.There are old -growth trees and dogwoods and redbuds in the path of the road.Our usually gentle creek will be eroded and our fields will be even more swampy.Birds and wildlife will lose cover and arable land destroyed forever. Those who make the decision must at least walk the path, hear the frogs and see what is at stake. Hunt Lane is special. My surviving childhood friends, neighbors and cousins have stayed or returned to live out their days here. From: wangkisu@gmail.com <wangkisu@gmail.com> Sent: Wednesday, February 7, 2024 4:56 PM To: RONALD G. Woodruff <ronwoodruff40@gmail.com> Cc: Masters, Jessica <jmasters@fayetteville-ar.gov>; Carol Gregory <clgpa27@gmail.com>; Steve Warden <sleej32@hotmail.com>; Velva Kline <vkline2@icloud.com>; .Jerry and Shirley Durning <eansdurning@aol.com>; David Hamm <4218dhamm@gmail.com> Subject: Re: ADM 2024-0001 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. Hi Jessie, In addition to the letters my fellow petitioners have sent, please include my attached letter for the commission. Thank you -Kevin Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 283 of 286 Page 62 of 65 Kevin & Lucia Wang Owners of 2277 Ed Edwards Rd, Fayetteville, AR 72701 515-556-2433 wangkisu@gmail.com To the Fayetteville City Planning Commissioners: I am writing this letter on behalf of myself and my wife, Lucia Wang, to explain and provide additional background information in the request to remove the "Residential Link" as referenced in our joint petition with my fellow neighbors. We purchased this land back in October 2022 with the intention to build a forever home and made many land improvements (clearing/mulching) and started to finalize house plans. However due to personal and work related reasons, we had to put the property for sale in March of 2023, otherwise we found the area to have all the items we wanted in our forever home (privacy, natural scenery, beautiful landscape). Since putting the property for sale, we've endured the following hardships: o Land is priced within the comparable market analysis review (done by Luis Martinez with eXp Realty in Northwest Arkansas) o The "Residential Link" in question shows upon my Survey (performed by Atlas Professional Land Surveying) o I average several calls a month with potential buyers, who are unfamiliar with the "Master Street Plan" and bring up assumptions that the road is already budgeted to be built. o I have a premade message that I send to each potential buyer, that explains what the Master Street Plan is and I use the same details that the city staff has explained to us petitioners in what this "residential link" is (not budgeted, no full approvals yet to proceed, but the intention is that it will get built if the plan is followed through). I also include contact information to the city staff to ask them directly if any questions. o Most do not have follow up with questions after my explanation and do not reply with further interest. o The few that are interested in purchasing my land and have submitted contractual offers include in their contingencies section, concerns relating to this "Residential Link" and specifically call it out in their real estate contract. Examples below of three offers we received: ■ Buyers requiring a "guaranteed letter" from the City stating this road won't be built. ■ Offer from 9/1/23 - An additional 122 days to do their own petition to the city for the road's removal, before closing date ■ Offer on 9/30/23 — A "due diligence" period of 90 days with right to withdraw if unable to receive approval from City ■ In addition to being unable to agree to the continencies above due to the process required to review the status of this "Residential Link", all offers have come at a very reduced price below the market analysis price, which we will not agree to. Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 284 of 286 Page 63 of 65 ■ We are not intending to profit from the sale of this land, but we are not willing to take such an extreme loss that is being caused by this "residential link" o For the contracted offers that did not have contingencies, the price offered was at an even lower price below market value The petitioners recently had a meeting with the city staff, which I do appreciate their time in hearing our concerns. I await to review more information that calls out specifically, what data/facts was done to draw this "residential link" as it exists on the master street plan. I understand the benefits and importance of having a Master Street Plan, however I am asking the members of the planning commission to review the "residential link" in our petition and to look at the surrounding area in terms of topography, feasibility, constructability, and overall cost versus other more relevant road improvements that are needed. If this "residential link" is needed to support future growth, then all I ask is for the specific and measurable facts and data that justifies it. While my wife and I have not owned our land for very long, it's been very touching to meet so many of our neighbors who grew up on their land and expect to see their children to do the same. I just ask the amount of due diligence that was put into this "residential link" to be drawn the way it is, is shared with us so that we can understand the effort that was put into this road and see if that matches all the time, energy, and stress that this "line" on a map has clouded over us. But I also ask that you review that information and hopefully make the right decision in terms of the question "is this specific road" really needed? Thank you for your time and consideration, Kevin Wang Planning Commission February 12, 2024 ADM-2024-0001 (MASTER STREET PLAN MODIFICATION REQIPL-4" 285 of 286 Page 64 of 65 1 lw�♦, T Pdrb`.. l� 1 1 1 1