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HomeMy WebLinkAbout2024-07-16 - Minutes -Council Member Robert B. Stafford Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting July 16, 2024 City Council Meeting Minutes July 16, 2024 Page 1 of 14 Council Member Scott Bema Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on July 16, 2024 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. PRESENT: Council Members Robert B. Stafford, D'Andre Jones, Sarah Moore, Mike Wiederkehr, Scott Berna, Teresa Turk, Holly Hertzberg, Mayor Lioneld Jordan, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Susan Norton, Chief Financial Officer Paul Becker, Staff, Press and Audience. Council Member Bunch arrived at 5:38 PM. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Results of 2023 Financial Statement Audit - Paul Becker Paul Becker, Chief Financial Officer gave a brief summary of the 2023 Financial Statement Audit. He stated it had been a good year overall for the City of Fayetteville and he was available to answer any questions. There was a brief discussion between Council Member Moore and Paul Becker regarding the funds in the City of Fayetteville's reserves. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 16, 2024 Page 2 of 14 Agenda Additions: None Consent: Approval of the July 2, 2024 City Council Meeting Minutes APPROVED Park Land Dedication Fees (Budget Adjustment): A resolution to approve a budget adjustment in the total amount of $362,785.00 to recognize Park Land Dedication Fees from the Northwest and Southeast Quadrants. Resolution 183-24 as recorded in the office of the City Clerk Post Oak Preservation Solutions, LLC. (Service Agreement): A resolution to approve a Professional Services Agreement in the amount of $21,700.00 with Post Oak Preservation Solutions, LLC. for a Historic Context Statement for the Spout Spring Neighborhood, and to approve a budget adjustment. Resolution 184-24 as recorded in the office of the City Clerk Washington Regional Medical Center (Cost Share Agreement): A resolution to approve a cost share agreement with Washington Regional Medical Services in an amount not to exceed $730,000.00 for the construction of the railroad crossing at the Futrall Drive and Gregg Avenue Intersection, and to approve a budget adjustment - 2019 Street Improvement Bond. Resolution 185-24 as recorded in the office of the City Clerk Central Arkansas Recycling and Disposal Services, LLC. (Service Agreement): A resolution to approve an agreement with Central Arkansas Recycling and Disposal Services, LLC for the hauling and disposal of solid waste in the City of Fayetteville. Resolution 186-24 as recorded in the office of the City Clerk Federal Aviation Administration Design Grant (Application Authorization): A resolution to authorize the application for a Federal Aviation Administration Design Grant in the amount of $238,500.00 to fund 90% of the costs for design and bidding of the proposed Taxiway E Extension Project at Drake Field; to execute the grant upon receipt of a Federal Aviation Administration Grant offer; to execute Task Order 08 in the amount of $257,000.00 with Garver, LLC to provide engineering design and bidding services; and to approve a budget adjustment. Resolution 187-24 as recorded in the office of the City Clerk Runway Pavement and Lighting Rehabilitation (FAA Grant and Project Closeout): A resolution to recognize a Federal Aviation Administration Grant amendment in the amount of 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 3 of 14 $332,300.00; to execute Federal Aviation Administration Grant closeout paperwork; to execute Task Order 03 Amendment 01 with Garver LLC in the amount of $21,764.00 for additional construction phase services rendered; to apply for an Arkansas Department of Aeronautics Grant for reimbursement of 10% of additional airport improvement program -eligible project costs not funded by the grant amendment; and to approve a budget adjustment. Resolution 188-24 as recorded in the office of the City Clerk Community Resources Department (Budget Adjustment): A resolution to approve a budget adjustment in the amount of $2,439.00 to recognize 2023 Community Development Block Grant Program income to the Community Resources Department. Resolution 189-24 as recorded in the office of the City Clerk 2024 Community Development Block Grant (Mayor's Signature Authority): A resolution to approve the 2024 Community Development Block Grant Plan (CDBG), to authorize Mayor Jordan to execute the CDBG and Home Grant Agreements for 2024 when received in the total amount of $1,209,075.00, and to approve a budget adjustment. Resolution 190-24 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Unfinished Business: Section 50.04 - Depositing on Vacant Lots (Amendment): An ordinance to amend §50.04 Depositing on Vacant Lots of the Fayetteville Code to include a prohibition on dumping mulch, compost, fill dirt, and brush on vacant lots in the city. At the February 20, 2024 City Council Meeting this ordinance was left on the First Reading and tabled to the April 2, 2024 City Council Meeting. At the April 2, 2024 City Council Meeting this ordinance was left on the First Reading and tabled to the July 16, 2024 City Council Meeting. Council Member Turk and Hertzberg spoke of how the item had been resolved at the Ordinance Review Committee Meeting, and therefore requested that it be tabled indefinitely. Council Member Bunch moved to table the ordinance indefinitely. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. Rezoning-2024-0011: (Park West PZD in Ward 2): An ordinance to rezone the property described in Rezoning Petition RZN 2024-0011 for 39.41 acres in the Park West PZD on North Highway 112 in Ward 2 from Planned Zoning District to UT, Urban Thoroughfare and CS, 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 4 of 14 Community Services. At the June 4, 2024 City Council Meeting this item was left on the First Reading. At the June 18, 2024 City Council Meeting this item was left on the Third Reading and tabled to the July 16, 2024 City Council Meeting. Jonathan Curth, Development Services Director briefly spoke of how there had been concerns expressed that staff and the Planning Commission's recommendations were not reflective of the previous Park West Planned Zoning District. He requested the item be tabled so staff could receive clear direction from the City Council on how to modify the request. He stated staff had received a letter from the Environmental Action Committee that had the recommendation to consider rezoning the property to Residential Agricultural. Council Member Turk stated she would prefer to have the Residential Agricultural zoned portion of the property segmented out of the proposal. Council Member Stafford stated he was in agreement with Council Member Turk. There was then a brief discussion between Council Member Moore and Jonathan Curth regarding what could potentially be developed within a Residential Agricultural Zoning District. Council Member Moore spoke of her concerns regarding how the Residential Agricultural Zoning District had the potential to allow grazing animals into the waterway, which could lead to issues. Jonathan Curth addressed Council Member Moore's concerns by noting the City of Fayetteville's streamside protection standards. There was a brief discussion between Council Member Wiederkehr and Jonathan Curth regarding the previous zoning that had been on the property. Council Member Wiederkehr then went on to speak of how the Planning Commission had proposed rezoning the property to the south of this proposal without a specially designated Residential Agricultural zoning or any other form of mandatory detention. He stated he would heed the advice from the City Attorney's Office, but wanted to be sure he was being fair to the adjoining property owner as well as this property owner. City Attorney Kit Williams spoke of how the City Council could leave the property as it currently was, without rezoning it, which could potentially be more protective of its green space area, or they could rezone only a portion of the property. Council Member Berna expressed confusion over City Attorney Kit Williams comments because he believed the City's goals were to clear up some of the expired Planned Zoning District areas. Jonathan Curth spoke of how the project to rezone expired Planned Zoning District areas in the City of Fayetteville had been initiated in conjunction with feedback from the City Attorney's Office that several of the properties in Fayetteville had expired zonings and therefore there had been a high degree of urgency to get them rezoned. He then agreed that it appeared some of that feedback had now changed. City Attorney Kit Williams stated that after examining state law more carefully, staff found that although a development proposal could expire over time, a zoning could not. He stated that it would be safe to leave the current zoning on the property or to rezone it as the Planning Commission had recommended, since the property owner had liked that recommendation. Council Member Moore expressed confusion over the new information regarding a zoning not expiring. She spoke of tabling the item to get additional clarity. There was a brief discussion between Council Member Berna and Jonathan Curth regarding how the existing Planned Zoning District on the property was more protective of the land than what the City Council was considering with the request tonight. City Attorney Kit Williams went on to 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 5 of 14 clarify how the City Council would not have taken any of the value of the land from the property owner by leaving the zoning as it currently was. He stated that so long as the City Council did not lessen the amount of value in the property by reducing some of its developmental rights that had been granted through the Planned Zoning District, then the City would not be in any danger. Council Member Turk moved to table the ordinance indefinitely. Council Member Hertzberg seconded the motion. Upon roll call the motion passed unanimously. This ordinance was tabled indefinitely. New Business: Sunday Alcohol Sales (General Election Question): A resolution calling for an election to be held during the next General Election (November 5, 2024) on the question of authorizing Sunday sales of alcoholic beverages for off -premises consumption in Fayetteville, Arkansas. City Attorney Kit Williams stated that the citizens of Fayetteville had signed a petition which required the City Council to call an election that would authorize the sale of off -premises consumption for alcoholic beverages. He went on to explain how the Office of the City Clerk Treasurer had validated over 4,200 signatures on the petitions and that it was now the City Council's duty to pass the resolution. He was available for any questions. Kara Paxton, City Clerk Treasurer recognized the members of the Office of the City Clerk Treasurer for their work on a daily basis and for verifying the signatures. Council Member Stafford moved to approve the resolution. Council Member Moore seconded the motion. Upon roll call the resolution passed unanimously. Resolution 191-24 as recorded in the office of the City Clerk Fayetteville Climate Action Plan (Adoption): A resolution to approve and adopt the Fayetteville Climate Action Plan. Peter Nierengarten, Environmental Director stated that in November of 2021, the City Council had passed a resolution that requested staff begin working on a climate action plan. He then went on to give a brief description of the Fayetteville Climate Action Plan as well as Fayetteville's Energy Action Plan. He stated there had been extensive efforts in public outreach and input and that there was a letter of support for the plan from the Environmental Action Committee included. He briefly spoke of the Climate Resilience Mapping Tool, which had been developed to help the City understand the climate resilience value of parcels of land across the City. He gave a brief description of this tool and stated it was available online for the public to access. He stated Olssen Engineering was also present to answer any questions regarding the request as well. The City Council received 5 public comments regarding this resolution. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 6 of 14 Council Member Turk recognized and thanked the individuals that had worked hard on the creation of the Fayetteville Climate Action Plan. Council Member Turk moved to approve the resolution. Council Member Berna seconded the motion. Upon roll call the resolution passed unanimously. Resolution 192-24 as recorded in the office of the City Clerk Unified Development Code - Chapter 170 (Amendment): An ordinance to amend § 170 Stormwater Management and Drainage of the Unified Development Code to clarify the maintenance responsibilities for private and public drainage systems as well as provisions regarding illicit discharges into the drainage system. City Attorney Kit Williams read the ordinance. Alan Pugh, Staff Engineer gave a brief description of the ordinance and stated the proposed changes had come from how staff felt there had been an incorrect interpretation of the existing code and that the proposal would clear up confusion and create clearer language. Council Member Wiederkehr moved to suspend the rules and go to the second reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. There was a brief discussion between Council Member Moore, City Attorney Kit Williams and Alan Pugh regarding the portion of the ordinance that spoke to property owners clearing open channels on their property. Council Member Moore spoke of how some homeowners were on fixed budgets and questioned if there was an appeal process if the homeowner was in disagreement with the City Engineer or designee. Alan Pugh stated staff s intent behind the ordinance was that if it were a simple grass line channel, the property owner would maintain that, however, if the channel became sizable, it would become the City's responsibility. City Attorney Kit Williams clarified that there was an enforcement procedure within the ordinance, and with that there would be the right to have an appeal if there were any disagreements. Council Member Moore appreciated the clarification and wanted to ensure the City remained mindful of the challenges homeowners face. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6772 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 7 of 14 Unified Development Code - Chapters 155, 166.23 (Amendment): An ordinance to amend § 155 Appeals and § 166.23 Urban Residential Design Standards of the Unified Development Code to modify development requirements associated with appeals. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff recommended approval of the request and felt that it would smooth out the City's appeal process. He then went on to state that the Planning Commission had forwarded the request to the City Council by a vote of seven to one. He stated there had been public comment received on the overall code changes, with most in concern for the proposed changes to tree preservation. There was a brief discussion between Council Member Moore and Jonathan Curth regarding the adverse impact wording in the ordinance. Jonathan Curth stated the adverse impact wording had come from the City Attorney's Office and had been created due to concern that the City could be liable for being part of a frivolous appeal. Council Member Moore appreciated Jonathan Curth's explanation; however, she believed that since taxpayers had invested into comprehensive plans, there could be the argument that something across town could have impact. City Attorney Kit Williams clarified that an adverse impact was commonly used in law to ensure that someone making a complaint had a reason to have the complaint. Council Member Stafford stated Council Member Moore had brought up a good point and briefly noted the Road Runner topic that had been appealed at a previous City Council Meeting. Council Member Moore moved to suspend the rules and go to the second reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Moore, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Turk seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Moore, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones was absent for the vote. City Attorney Kit Williams read the ordinance. Council Member Turk and Wiederkehr expressed their thanks to Jonathan Curth and staff for their work on the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Stafford, Moore, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones was absent for the vote. Ordinance 6773 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 16, 2024 Page 8 of 14 Unified Development Code - Chapters 166.02, 167.04 (Amendment): An ordinance to amend § 166.02 Development Review Process and § 167.04 Tree Preservation and Protection of the Unified Development Code to modify development requirements associated with tree preservation requirements. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated the proposal had been considered by the Long Range Planning Committee before the Planning Commission forwarded it to the City Council by a vote of seven to one. He stated the general comments he had received on the request were concerning the smaller scale projects that took place within the City of Fayetteville. He then went on to explain how the proposed ordinance had been reviewed by the City's Urban Foresters and that it had been decided the changes being considered showed consistency with the City's forthcoming Urban Forestry Master Plan. Council Member Stafford briefly spoke of the ordinance and how he wanted to ensure the City did not make it too difficult for a homeowner to do improvements to their property. He would like to leave the item on its First Reading so he could gather further clarification on some of the details regarding the proposal. He stated he had received many comments of concern regarding the proposed code change from members of the public. The City Council received 4 public comments regarding this ordinance. Council Member Berna briefly spoke of how he would prefer to hold the ordinance on its current reading so the City Council could gather feedback from the community. Council Member Wiederkehr stated he would be in support of the ordinance. He then went on to explain how the proposal did not preclude infill and that it would provide heat mitigation by keeping shade in areas of the City and could also assist in rainwater management. He viewed the proposal as a way of being responsible towards the City's infill. Council Member Moore spoke of how there was a need for infill as well as tree preservation. She appreciated City staff as well as the Planning Commission for their extensive work and conversations on the topic. She would like to leave the ordinance on its current reading so the City Council can review it again at their next meeting. Council Member Turk agreed with holding the ordinance on its current reading and requested that the members of the City Council read the Climate Action Plan and begin to think of how trees played a huge part in the view of the City and everyone's lives. Council Member Stafford believed that the ordinance needed further review to come up with something more balanced in saving trees and growing the city in a way that did not cause sprawl. He briefly spoke of how Washington County was seeing a lot of rezoning requests due to growth that had been pushed out of the City and was now taking away from the trees in the county. He spoke of the housing crisis and how individuals in Fayetteville could not afford homes and so he did not want to add additional costs, labor and time to families that were trying to add to their 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteviIle-ar.gov City Council Meeting Minutes July 16, 2024 Page 9 of 14 current homes. He clarified that he was not against the proposal, he just wanted to ensure the City did this in a way that would not end up with unintended consequences. This ordinance was left on the First Reading. Vacation-2024-0009: (241 W. Spring St/Fayetteville Portfolio LLC, 484): An ordinance to approve VAC-24-09 for property located at 241 West Spring Street in Ward 2 to vacate a 0.017 acre portion of street right-of-way. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated staff had found no issues when evaluating the request and that all of the franchise utilities had consented to the proposal. He stated staff recommended in favor and the Planning Commission felt similarly, unanimously forwarding it to City Council with the three conditions outlined in the ordinance. He stated there had been no public comment received on the item and that Lindsay Hackett was present as the applicant for the request. Lindsay Hackett, Project Manager of MBL Planning stated she was available for any questions. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding the size of the sidewalk located near the property. Jonathan Curth stated he did not have that information immediately available but believed it was a five foot sidewalk. He then went on to explain how the sidewalk would remain in the right of way and that once the property was redeveloped there would be adequate right of way for any sidewalk improvements in the future. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6774 as Recorded in the office of the City Clerk Rezoning-2024-0027: (1440 S. Curtis Ave./Burt Hanna LLC, 565): An ordinance to rezone the property described in Rezoning Petition RZN 2024-27 for approximately 6.43 acres located at 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 16, 2024 Page 10 of 14 1440 South Curtis Avenue in Ward 1 from C-1, Neighborhood Commercial to UT, Urban Thoroughfare. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance. He stated that when evaluating the request from a land use compatibility standpoint, staff found the proposal to be consistent. He stated that from a long range planning standpoint, staff felt the proposal matched the Future Land Use Map designation of a city neighborhood area. He stated the infill rating for the property was between a four and a six and that the property had access to several amenities and a large amount of employment opportunities. He stated there had not been any public comment received on the item and went on to explain how the tree preservation minimum on the site would drop to 15%. He stated staff recommended in favor of the request and the Planning Commission forwarded it to the City Council unanimously with limited comment. He stated Payne Phillips was present as the applicant for the item. Payne Phillips, Brokerage Associate with Moses Tucker Partners stated he was available for questions. Council Member Stafford stated he had not heard anything from his constituents regarding the proposal. Council Member Turk expressed concerns with the request and how it would allow whatever was built on the property to potentially go up to seven stories. She did not feel as though there was anything over three stories in the area. Jonathan Curth spoke of how some properties in the area were zoned for multifamily with an allowance to build up to five stories. He then went on to describe how the request had a form base component which would pull buildings closer towards the street and away from some of the lower single story and two story buildings nearby as the site was developed. He stated that with those considerations, staff did not feel concerned. Council Member Berna moved to suspend the rules and go to the second reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. There was a brief discussion between Council Member Hertzberg and Jonathan Curth regarding the height of the High Point Apartments to the northwest of the property. Jonathan Curth believed those apartments were two stories. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar gov City Council Meeting Minutes July 16, 2024 Page 11 of 14 Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6775 as Recorded in the office of the City Clerk Rezoning-2024-0026: (West of 2910 N. Old Wire Rd/Livingston Subdivision, 254): An ordinance to rezone the property described in Rezoning Petition RZN 2024-26 for approximately 1.87 acres located west of 2910 North Old Wire Road in Ward 3 from NC, Neighborhood Conservation to RSF-18, Residential Single Family, Eighteen Units Per Acre. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the request and stated that the City Council had rezoned the property back in April of last year. He stated that the request was found to be consistent from a compatibility standpoint and comparable from a long range planning standpoint. He then went on to describe how staff had found issues when evaluating the tree preservation considerations for the property and when evaluating the property's access management. He stated there had been many public comments received on the request, with concerns regarding traffic, tree preservation, and the potential that the developer could come back to the City Council requesting another rezoning for the site in the future. He went on to explain how a resident in the area had contacted the City Council with concerns about drainage onto their property as a result of the current construction underway. He stated he had spoken with the City's Engineering Department who had shared that they were working with the contractor and engineer on the property to ensure the issue was corrected. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council recommending approval by a split decision. He stated Blake Jorgensen was present online as the applicant for the item. Blake Jorgensen, Co -Owner of Jorgensen and Associates requested the item be tabled for two weeks so they could continue working with the adjacent property owner to resolve the drainage issues that Jonathn Curth had spoken of. There was a brief discussion between Council Member Stafford and Jonathan Curth regarding aerial images of the property. Jonathan Curth then went on to explain how the tree preservation requirements for Residential Agricultural zoned districts was 25%. The City Council received 2 public comments regarding this ordinance. Council Member Berna stated he was fine with the item being tabled, however he had concerns with the applicant now requesting another rezoning when they just had one approved eight months prior for the same property. Council Member Stafford recalled that he had spoken in favor of the previous rezoning request on the property and that the previous presentation had shown the property to be a lot greener than it currently was. He spoke of how what was currently happening on the property was not what was 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 12 of 14 shown on the previous drawings and believed that everyone was shocked to see how different it was than what had been described. Council Member Bunch questioned what the tree canopy requirement was for a Neighborhood Conservation Zoning District. Jonathan Curth stated it was 20%. Council Member Bunch briefly spoke of how there had been many trees lost on the property and recognized that the City needed additional housing, however she felt that it was too soon to be coming back to the City Council for another rezoning request after the other had passed. She stated that she would go into the decision with an open mind and would like to leave the item on its current reading to gather additional input from the neighbors in the area. Council Member Turk stated she was okay with leaving the item on the First Reading and requested that Jonathan Curth bring information regarding the topography and slope of the property to the next City Council Meeting. Council Member Hertzberg requested that the applicant bring forth their plans for how they were mitigating the water runoff that the neighbors had experienced to the next City Council Meeting Council Member Wiederkehr briefly spoke of how the neighbors in the area had not been anti - development when the initial rezoning request had come forth and that neither was the City Council. He clarified that the City Council was looking for sensitivity to the environment, sophistication in design and appropriate infill with projects. This ordinance was left on the First Reading. Rezoning-2024-0028: (East of Harmon Field on S. Duncan Ave./Modus Studio, 522): An ordinance to rezone the property described in Rezoning Petition RZN 2024-28 for approximately 3.7 acres located east of Harmon Field on South Duncan Avenue in Ward 2 from RMF-40, Residential Multifamily, 40 Units Per Acre to MSC, Main Street Center. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief description of the ordinance and the proposed Bill of Assurance. He stated staff found the request to be compatible from a land use standpoint and complimentary to the City's Future Land Use Map, which designated the property as a city neighborhood area. He stated the property had a very high infill score and then went on to describe staff s concerns with the request; tree preservation and the removal of the existing housing on the property being a few of those concerns. He stated there had been many public comments on the item, some with concerns regarding the demolition of existing housing in the area and the tree canopy requirements. He stated staff recommended approval of the request and the Planning Commission forwarded it to the City Council recommending in favor by a vote of six to two. He noted Chris Baribeau was present as the applicant for the item. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 13 of 14 Chris Baribeau, Principal Architect and Co -Founder of Modus Studio gave a brief description of the request and stated he was available for any questions. City Attorney Kit Williams stated the City Council had received an updated Bill of Assurance from attorney Vicki Bronson, and questioned if that was the Bill of Assurance the applicant was offering to the City Council. Chris Baribeau answered yes. There was then a brief discussion between Council Member Turk and Jonathan Curth regarding the zoning standards for the property. There was a brief discussion between Council Member Stafford and Chris Baribeau regarding the various unit types the applicant could potentially build on the property. Council Member Stafford then discussed the building height allowance of seven stories under Main Street Center zoning with Jonathan Curth. Council Member Berna moved to amend the ordinance to add the revised Bill of Assurance. Council Member Moore seconded the motion. Upon roll call the motion passed 7-0. Council Member Stafford, Moore, Wiederkehr, Berna, Bunch, Turk and Hertzberg voted yes. Council Member Jones was absent for the vote. Council Member Turk requested that if the ordinance was left on a reading, Jonathan Curth bring topography information for the property to the next City Council Meeting. Jonathan Curth and Council Member Stafford briefly discussed what the setbacks for height increases would be for the potential seven story high building. Council Member Bunch stated that in the past, the City Council had received a mockup of the potential of what could be built on a property. She requested something similar for this proposal from staff. Jonathan Curth stated he could demonstrate what five to seven stories would look like for the property and cautioned the City Council that in reality that might not be built on the property. Council Member Stafford requested a site visit or tour of the property be arranged. Jonathan Curth stated a tour of the property could be scheduled at the next City Council Agenda Session. There was a brief discussion between Jonathan Curth and Council Member Hertzberg regarding the maximum building height allowed under the Residential Multi -Family - 40 Units Per Acre Zoning District. The City Council received 5 public comments regarding this ordinance. Council Member Moore briefly spoke of how she would like to go back and review the housing study the City did to see what the need in the community was and what the need for student type Housing units was. She also believed it would be helpful to know how many projects in the City 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting Minutes July 16, 2024 Page 14 of 14 that focused on student housing were in progress. She then went on to briefly speak of the areas that were not utilized to their utmost potential and that there was the opportunity to do more strategic planning and also think about transit and transportation needs. Council Member Turk requested that Jonathan Curth bring information to the next City Council Meeting regarding the projection of University of Arkansas students with student housing that was being proposed or developed. She then questioned if any of the current property owners were part of the rezoning request. Jonathan Curth stated that all of the property owners had signed on to the request as part of the application review process to ensure they had consented to the proposal. Council Member Wiederkehr briefly spoke of how he had concerns with this rezoning being adjacent to the other rezoning request. He then went on to describe how he wished he could know how many units were being proposed for off campus student housing and a map that outlined the projects coming forward in the future. This ordinance was left on the First Reading. Announcements: Susan Norton, Chief of Staff stated that the 17th Annual CDBG in the Park would be held on Friday, July 15t" at Walker Park. Council Member Wiederer stated the Washington County Historical Society's annual Ice Cream Social would be held on August 17tn City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 9:42 p.m. ```tt�tlt►►►ry��i ��.� $11 �00 GAT Y O '• ': • FAYETTEVILLE Kara Paxton, Citf Clerk Treasurer y.7rA N S Jam; tC``��� 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov