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HomeMy WebLinkAboutOrdinance 6787 IIIIt IIIIII11111111111111111111111111101111111II II11111111111111111111 Doc ID: 021767470005 Type: REL Kind: ORDINANCE Recorded: 09/23/2024 at 10:33:24 AM Fee Amt: $35.00 Pape 1 of 5 ig` Washington County, AR �. Kyle Sylvester Circuit Clerk � // File2024-00024676 S S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6787 File Number: 2024-385 APPEAL: REZONING-2024-0030: (N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD./WATSON,480): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-30 FOR APPROXIMATELY 6.62 ACRES LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MLK BOULEVARD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G,NEIGHBORHOOD SERVICES-GENERAL, SUBJECT TO A BILL OF ASSURANCE 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 to NS-G, Neighborhood Services-General,subject to the attached bill of assurance. 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 I. PASSED and APPROVED on September 3, 2024 Approve : Attest: ``�� mu/ ,'I�i .0311 •(n ne Jordan yor Kara Paxton,City erk Trea urer • This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Page 1 C-2 R-A RSF-4 Proposed NS-G F U T R A L L D R S H I L O H D R 4 9 4 9 Neighborhood Link Freeway/Expressway Hillside-Hilltop Overlay District Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits Close Up View RZN-2024-0030 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed NS-G RSF-4 6.6 0.0 Total 6.6 ac1:2,400 Current 0.0 6.6 RZN-2024-0030 EXHIBIT 'A' EXHIBIT A LEGAL DESCRIPTION Part of the Southwest Quarter (SW¼) of the Northeast Quarter (NE¼) of Section 18, Township 16 North, Range 30 West, being more particularly described as follows, To-Wit: Beginning at the Southeast corner of said forty acre tract, and running thence N0°39'32"E 662.85', thence N89°20'28"W 641.83' to a point on the East Right-of-Way of U.S. Highway #71, thence S23°00'54"E 723.76', thence S89°20'28"E to the Point of Beginning, containing 7.56 acres. Less and except the following described tract taken for highway purposes: Part of the Southwest Quarter of the Northeast Quarter of Section 18, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly described as follows: Starting at the Southeast corner of the Southwest Quarter of the Northeast Quarter of Section 18; thence South 89°19' West along the South line thereof a distance of 351.7 feet to a point on the Easterly existing right of way line of U.S. Highway #71; thence North 24°42' West along said existing right of way line a distance of 32.8 feet to the point of beginning; thence continue North 24°42' West along said existing right of way line a distance of 210.6 feet to a point; thence North 25°05' West along said existing right of way line a distance of 323.2 feet to a point; thence North 21°54' West along said existing right of way line a distance of 156.4 feet to a point; thence North 89°19' East a distance of 58.8 feet to a point on the Easterly proposed right of way line of U.S. Highway #71; thence South 24° 51' East along said proposed right of way line a distance of 693.3 feet to a point; thence South 89°19' West a distance of 66.7 feet to the point of beginning and containing 0.96 Acre, more or less. GIS Approved 05/22/2024 11:49:08 AM RZN-2024-0030 EXHIBIT 'B' BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In ord er to attempt to obtain approv al of m y request for a zoning reclassification of Neighborhood Serv ices--General for the following property : Washington County Par.eel No. 765-14601-000. I, as the authorized agent for the owner or buyer of this property, Will A . Kellstrom, (hereinafter called "Petitioner") hereby v oluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fa y ettev ille, Arkansas . The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fa yetteville Planning Commission and the Fay etteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approv e Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's requested rezoning is approved by the Fa y ettev ille City Council: 1. The Percent Minimum Canopy Requirement, as required in Section 167.04 of the Fa y etteville Unified Development Code, shall be at least Thirty-Five Percent (35%). It is the intent of this Petitioner in drafting this Bill of Assurance that the tree preservation requirements for development of the Property ( defined b elow) are not decreased b y v irtue of the proposed rezoning and that the requirements will be met by on-site preservation. 2. The subject property is describe d with more particularity on Exhibit A, attached hereto and hereb y incorporated b y reference ("the Property"). Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance. After P e titioner's rezoning is effective, the Bill of Assurance shall be noted on any Final Plat, Large Scale Development, or other development approv al which includes some or all of Petitioner's property affected b y the rezoning. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Will A. Kellstrom, as the authorized agent of Petitioner voluntarily offer all such assurances and sign my name below. Printed Name of Authorized Agent Signature A-1-+.,••r:; f;r ~r,jleffl, Gwl'ler Position ofitle of Authori ~d Agent Date NOTARY OATH STATE OF t\-rtluvt<--< COUNTY OF '15-e,v:d7?n ) ) On this, the ~ day of &f.:Jcmi:x 1( 2024, before me, the undersigned notary, personally appeared Will A. Kellstrom, known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon their oath, swore or affirmed that they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an attempt to have their property rezoned as requested. My Commission Expires: ~~~ ND'fARYBLIC AMY BENSON MY COMMISSION# 12392434 EXPIRES : April 10 , 2033 Benlotl County ^ ` � Washington County,AR | certify this instrument was filed nn 09/23/2024 10:33:24AWY and recorded in F{eo| Estate File Number2O24-OOO24876 Kyle Sylvester' Circuit Clerk Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-385 MEETING OF SEPTEMBER 3, 2024 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: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: City Planning staff recommend approval and the Planning Commission recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property, parcel 765-14601-000, is immediately east of I-49 and approximately ¾ mile north of the intersection with E. Martin Luther King Jr. Blvd. The property has frontage along N. Futrall Drive, which is a one-way street heading north and is Arkansas Department of Transportation (ARDOT) right-of-way. The parcel contains 6.62 acres, and is currently zoned RSF-4, Residential Single-Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property is located within the I-540 Overlay District and a small portion of the site is within the Hillside-Hilltop Overlay District. A request to rezone the property to CS, Commercial Services, was submitted to the Planning Commission in January 2022, where it was denied. No appeal was heard by the City Council following the denial. Request: The request is to rezone the property to NS-G, Neighborhood Services, General. The applicant has not submitted any additional development plans, though has amended their original request from CS, Community Services. Public Comment: Written public comment has been received in opposition to the request and it is attached to this report. No members of the public spoke at the public hearings. Land Use Compatibility: On the balance of considerations, staff finds the updated request to rezone the property from RSF-4, Residential Single-Family, 4 Units per Acre to NS-G to be compatible at this location. NS-G is a less intense zoning district than the originally-proposed CS, allows for minimal non-residential uses, and allows for up to 4-family dwellings by-right; larger multi-family structures (five connected units or more) would require a conditional use permit approval. NS-G also allows for buildings up to 3 stories tall as opposed to the 5 stories permitted under CS. With a future trail planned along Futrall Drive, this could eventually provide bike and pedestrian connectivity to and from this site and proposed developments closer to Wedington Drive Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov and existing developments closer to Martin Luther King Jr. Boulevard. Additionally, a rezoning to NS-G could allow for non-residential uses that may be of use to nearby developments. Conversely, much of the surrounding property is undeveloped, and the site lacks basic utility and infrastructure access such as public water and public sewer. The property currently has the entitlement to develop 4 units per acre; given the property’s size, this may allow for the development of up to 26 single-family dwellings, though would likely result in fewer given the steep topography and any necessary right-of-way dedication, tree preservation, and drainage requirements. Staff recognizes that strictly single-family uses may not be the highest and most efficient use of the property at this location and may still negatively affect traffic flow along Futrall Drive. Land Use Plan Analysis: Staff finds that generally a request to upzone this property is not consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. While there is not a stated neighborhood or comprehensive plan for this specific area, recent policy decisions in the surrounding area indicate an intention for this area to remain zoned as-is; a previous rezoning request to CS was denied by the Planning Commission in 2022. To the east of the property, a Bill of Assurance was granted with a downzoning to R-A in 2018 to conserve the area with no allowable home construction associated with that rezoning. To the north, the City of Fayetteville acquired approximately 61 acres of land from the University of Arkansas for the preservation of the Markham Hill Woods. The site has a low infill score and is called out as a Residential Neighborhood Area, with the implication that any development at this location is intended to be primarily residential, rather than commercial uses. Staff finds that NS-G does get closer to meeting long-term land use plans for the area than CS, since it is still categorized as a primarily residential zone, with allowances for the insertion of smaller-scale non-residential uses. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood) • Near City Park (Markham Hill Woods) • Near Paved Trail (Shiloh Trail, across I-49, Fayetteville Traverse (unpaved) • Near Razorback Bus Stop (Route 44) DISCUSSION: Due to scheduling conflicts, the applicant requested the item be tabled from the June 24th, 2024 Planning Commission meeting to July 8th. On July 8th, the Planning Commission voted 7-0-0 to table the request to afford time to evaluate alternatives to the requested CS, Community Services zoning district. Ultimately, the applicant amended their request to rezone the property from RSF-4 to NS-G, Neighborhood Services - General. At the July 22, 2024 Planning Commission meeting, a motion to forward the request to rezone the property to NS-G failed for lack of majority. The vote was tied at 4-4-0, with Commissioners Garlock, Gulley, Madden, and Werner opposed. Commissioners in opposition were concerned about the lack of available infrastructure on the property, access to surrounding amenities and transportation networks, and a desire to see the tree canopy and natural area maintained along the highway corridor. Commissioners in favor felt that RSF-4 was not an appropriate zoning district for the area and found that some zoning direction had to be given for the site after multiple attempts to rezone had failed. They agreed that NS-G was a reasonable request that allowed for creative solutions on an otherwise difficult-to-develop property (topography, lack of infrastructure, and connectivity issues). No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov N/A ATTACHMENTS: Appeal Letter (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), Topography Exhibit (#7) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-385 APPEAL: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD. in WARD 4. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-30 FOR APPROXIMATELY 6.62 ACRES LOCATED ON NORTH FUTRALL DRIVE BETWEEN WEDINGTON DRIVE AND MLK BOULEVARD IN WARD 4 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - GENERAL, SUBJECT TO A BILL OF ASSURANCE 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 to NS-G, Neighborhood Services - General, subject to the attached bill of assurance. 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. WATKINS, BOYER , GRAY & CURRY , PLLC WILLIAM P. WATKINS, III, P.A.ATTORNEYS AT LAW RONALD L. BOYER (O F C OU NSEL) JENNIFER E. GRAY , P.A.* DELY NN HALE, SEC RETARY ANDREW T. CURRY, P.A. WRITER’S DIRECT E-MAIL AM Y BENSO N, PARALEGAL WILL A. KELLSTRO M, P.A. wkellstrom@watkinslawoffice.com WH IT NEY DU C KER , OFFIC E M AN AGER MIC HELLE FEN DLEY LIZBETH CHAV EZ, SEC RETARY CATELYN J. GIBBS * ALSO LICENSED IN MISSO URI July 23, 2024 City Council Attn: City Clerk 113 W. Mountain Street Fayetteville, AR 72701 Re:Appeal of Planning Commission Denial of RZN-2024-0030 To Whom it May Concern: My name is Will Kellstrom and my firm represented the applicant, The Watson Family Trust (“Applicant”), in the aforementioned rezone. In RZN-2024-0030, the Applicant requested that the Property, Parcel No. 765-14601-000 be rezoned from RSF-4, Residential Single Family, Four Units Per Acre, to NS-G, Neighborhood Services General. That request was denied on July 22nd, 2024, with the Planning Commission voting 4-4 on a motion to forward the request to City Council, and the motion failing accordingly. The Applicant wishes to appeal the decision of the Planning Commission to City Council, pursuant to §155.02 and §155.05 of the Fayetteville Code of Ordinances, on the grounds of the following errors by the Planning Commission: (1)Failure to Properly Consider Zoning and Use of Surrounding Properties (2)Failure to Properly Consider the Incompatibility of the Present Zoning (3)Failure to Properly Consider the Compatibility of the Proposed Zoning (4)Incorrect Determination of the Highest and Best Use of the Property Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC /s/ Will A. Kellstrom Will A. Kellstrom WK: 1106 WEST POPLAR STR EET REAL ESTATE, CONSTRUCTIO N & LIEN LAW , LAND USE & PLANNING ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW , BANK IN G, BAN KRU PTCY PH: 479-636-2168 CRIM IN AL LAW , FAM ILY LAW , GU AR DIANSHIPS, LANDLORD-TENANT FX: 479-636-6098 ESTATE PLAN NING, ELDER LAW, PROBATE, TR UST LIT IG ATION W WW .W ATKIN SLAWOFFICE.COM CIVIL LITIG ATION, COMM ERCIAL & CO NSUM ER DEBT COLLECTION TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: July 22, 2024 SUBJECT: RZN-2024-0030: Rezoning (N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD/WATSON, 480): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located on N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD. The property is zoned RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 6.62 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL. RECOMMENDATION: Staff recommends approval of RZN-2024-0030. RECOMMENDED MOTION: “I move to forward RZN-2024-0030 to City Council with a recommendation of approval.” JUNE 24 AND JULY 8 PLANNING COMMISSION MEETINGS Due to scheduling unavailability, the applicant requested to table themselves until the July 8 Planning Commission meeting in order to be present. At the July 8 meeting, the Planning Commission recommended tabling the item to re-evaluate the applicant’s request, and see if there was a lower-intensity zoning district such as NS-L or NS-G that the applicant was willing to consider. The applicant has since updated the request to NS-G, Neighborhood Services - General. BACKGROUND: The subject property, parcel 765-14601-000, is immediately east of I-49 and approximately ¾ mile north of the intersection with E. Martin Luther King Jr. Blvd. The property has frontage along N. Futrall Drive, which is a one-way street heading north and is ARDOT right-of-way. The parcel contains 6.62 acres, and is currently zoned RSF-4, Residential Single-Family, 4 Units per Acre. The site is currently undeveloped and has almost 100% tree canopy coverage. The property is located within the I-540 Overlay District and a small portion of the site is within the Hillside-Hilltop Overlay District. An identical rezoning request was submitted to the Planning Commission in January 2022, where it was denied. No appeal was heard by the City Council following the denial. Surrounding land uses and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped RSF-4, Residential Single-Family, 4 Units per Acre South Undeveloped RSF-4, Residential Single-Family, 4 Units per Acre East Undeveloped R-A, Residential Agricultural; (Bill of Assurance requiring zero homes to be built) West Interstate (I-49) R-A, Residential-Agricultural (across the interstate) Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 1 of 15 Updated with results from July 22, 2024 PC Meeting Request: The request is to rezone the property to NS-G, Neighborhood Services, General. The applicant has not submitted any additional development plans, though has modified their original request from CS, Community Services. Public Comment: Staff received one written comment against the request to rezone the property to CS, and it is attached to this report. The member of the public was concerned about tree preservation on the property. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Futrall Drive. S. Futrall Drive is a partially improved Neighborhood Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is not available to the subject area. Sewer: Sanitary sewer is not available to the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 900 S. Hollywood Ave., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the site falls within a FEMA floodplain, nor is there a protected stream in the area. There are also no hydric soils on the property. A small portion of the southeast corner of the property falls within the Hillside- Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services - General requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single-Family, 4 Units per Acre, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 2 of 15 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 non-residential 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 a score of 4 for this site, with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood) • Near City Park (Markham Hill Woods) • Near Paved Trail (Shiloh Trail, across I-49, Fayetteville Traverse (unpaved) • Near Razorback Bus Stop (Route 44) FINDINGS OF THE STAFF 1. 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: On the balance of considerations, staff finds the updated request from RSF-4, Residential Single-Family, 4 Units per Acre to NS-G to be compatible at this location. Much of the surrounding property is undeveloped in nature, and the site lacks basic utility and infrastructure access such as public water and public sewer. The property currently has the entitlement to develop 4 units per acre; given the property’s size, this may allow for the development of up to 26 single-family dwellings, though would likely result in fewer given the steep topography and any necessary right-of-way dedication, tree preservation, and drainage requirements. Staff recognizes that strictly single-family uses may not be the highest and most efficient use of the property at this location and may still negatively affect traffic flow along Futrall Drive. NS-G is a less intense zoning district than CS, and allows for minimal non-residential uses, and allows for up to 4-family dwellings by-right; larger multi-family structures (5 connected units or more) would require a conditional use permit approval. NS-G also allows for buildings up to 3 stories tall as opposed to the 5 stories permitted under CS. A future trail is planned along Futrall Drive that could eventually provide bike and pedestrian connectivity to and from this site and proposed developments closer to Wedington Drive, and existing developments closer to Martin Luther King Jr. Boulevard. A rezoning to NS-G could allow for non- residential uses that may be of use to nearby developments. Land Use Plan Analysis: Staff finds that generally a request to upzone this property is not consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. While there is not a stated neighborhood or comprehensive plan for this specific area, recent policy Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 3 of 15 decisions in the surrounding area indicate an intention for this area to remain zoned as-is; a previous rezoning request to CS was denied by the Planning Commission in 2022. To the east of the property, a Bill of Assurance was granted with a downzoning to R-A in 2018 to conserve the area with no allowable home construction associated with that rezoning. To the north, the City of Fayetteville acquired approximately 61 acres of land from the University of Arkansas for the preservation of the Markham Hill Woods. The site has a low infill score and is called out as a Residential Neighborhood Area, with the implication that any development at this location is intended to be primarily residential, rather than commercial uses. Staff finds that NS- G does get closer to meeting long-term land use plans for the area than CS, since it is still categorized as a primarily residential zone, with allowances for the insertion of smaller-scale non-residential uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 is justified, since a strictly single-family residential zoning district may not be the most appropriate zoning for the area with steep topography, large individual lot size requirements, and proximity to the interstate. NS-G is a reasonable request that opens up additional uses without being out of scale, reduces required lot sizes, and allows for more creative development opportunities such as cluster housing that may make better use of the property and its given constraints. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to NS-G does have the potential to increase traffic at this site, with most of the traffic pressure being circulated to Wedington Drive. S. Futrall is currently a one-way street and does not have direct access to the interstate. Under its current entitlement, the 6.62-acre property could be developed with a maximum density of 4 units per acre; NS-G zoning has a density maximum of 18 units per acre, though given necessary right-of-way dedication, drainage, tree preservation, and other requirements, the maximum is not likely to be met. Future connectivity to the east would also be nearly impossible at this point, given the undevelopable area immediately adjacent and steep terrain. The benefit of NS-G zoning, however, over RSF-4 zoning, is the potential for a mix of uses, which could potentially contribute to a decrease in need for auto-oriented trips, though without connectivity to surrounding areas, may still not be walkable to surrounding areas. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NS-G would have the potential to alter the population density at this location and could potentially place an undesirable burden on public services. The property does not currently have direct access to water or sewer, so extensions to those services would be Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 4 of 15 required prior to any redevelopment of the site; those initial costs would be borne by the developer. Fayetteville Public Schools did not comment on the 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. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2024-0030. PLANNING COMMISSION ACTION: Required YES Date: July 22, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.19 NS-G, Neighborhood Services - General • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSF-4, 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. Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 5 of 15 Cabe McGetrick 4-4-0 (Commissioners Madden, Gulley, Werner, Garlock opposed) X Motion to forward failed for lack of majority. Additional Public Comment (added 7/23/2024) (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. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet Hillside Overlay District Lot minimum width 60 feet 70 feet Hillside Overlay District Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 6 of 15 (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 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 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 Shopping goods Unit 19 Commercial recreation, small sites 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 35 feet All other uses None Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 7 of 15 (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 located between the front property line and a line 25 feet from the front property line. 5 feet A setback of less than 5 feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet. None 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 8 of 15 Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 9 of 15 Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 10 of 15 Compiled Public Comment RZN-2024-0030 From: Werner, Nick <nick.werner@fayetteville-ar.gov> Sent: Monday, July 8, 2024 6:09 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Fwd: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK Didn’t realize you weren’t already cc’ed on this until just now From: Nick Thorn <nt@nickjthorn.com> Sent: Monday, July 8, 2024 10:26:08 AM To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne@fayetteville- ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>; Garlock, Jimm <jimm.garlock@fayetteville- ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>; McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov> Subject: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK 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 Planning Commission, I am writing in opposition to the rezoning request for this property. I ask that the planning commission deny the rezoning request as recommended by staff. In addition to the reasons for denial given by staff, this is a highly -visible piece of forested land at the base of Markham Hill and the city must do everything in their power to maintain as much of this urban forest canopy as possible. Maintaining a mere 20% (as defined by the requested CS zoning district) of the existing 6.62 acres of tree canopy would result in the removal of more than 5 acres of mature forest. To meet the goals set forth in the adopted Climate Action Plan, we need to be preserving key portions of the city's tree canopy. In closing, please deny this request. Thank you for your service to our great city, Nick Thorn 629 N Gray Avenue Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 11 of 15 C-2 RMF-18 UT IPZD R-A NC RMF-24 RSF-2 RPZD CS RI-U CPZD RSF-4 P-1 F U T R A L L D R S H I L O H D R SA N G A V E SANG A V E PERSIMMON S T 4 9 4 9 Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2024-0030 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 12 of 15 C-2 R-A RSF-4 Proposed NS-G F U T R A L L D R S H I L O H D R 4 9 4 9 Neighborhood Link Freeway/Expressway Hillside-Hilltop Overlay District Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits Close Up View RZN-2024-0030 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed NS-G RSF-4 6.6 0.0 Total 6.6 ac1:2,400 Current 0.0 6.6 Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 13 of 15 S H I L O H D R F U T R A L L D R 4 9 4 9 Neighborhood Link Freeway/Expressway Unclassified Trail (Proposed) Planning Area Fayetteville City Limits Design Overlay District Current Land Use RZN-2024-0030 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD N 0 225 450 675 900112.5 Feet Subject Property Undeveloped Undeveloped and Multi-Family Residential Undeveloped Undeveloped 1:3,600 Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 14 of 15 City Neighborhood Civic and Private Open Space Civic Institutional Non-Municipal Government Residential Neighborhood Urban Center 4 9 4 9 Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2024-0030 N. FUTRALL DR BETWEEN WEDINGTON DR & MLK BLVD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission July 22, 2024 RZN-2024-0036 (WATSON) Page 15 of 15 Compiled Public Comment RZN-2024-0030 From: Werner, Nick <nick.werner@fayetteville-ar.gov> Sent: Monday, July 8, 2024 6:09 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Fwd: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK Didn’t realize you weren’t already cc’ed on this until just now From: Nick Thorn <nt@nickjthorn.com> Sent: Monday, July 8, 2024 10:26:08 AM To: Brink, Andrew <andrew.brink@fayetteville-ar.gov>; Payne, Brad <brad.payne@fayetteville- ar.gov>; Gulley, Fred <fred.gulley@fayetteville-ar.gov>; Garlock, Jimm <jimm.garlock@fayetteville- ar.gov>; Cabe, Matthew <matthew.cabe@fayetteville-ar.gov>; Madden, Mary <mary.madden@fayetteville-ar.gov>; McGetrick, Mary <mary.mcgetrick@fayetteville-ar.gov>; Castin, Nick <nick.castin@fayetteville-ar.gov>; Werner, Nick <nick.werner@fayetteville-ar.gov> Subject: RZN-2024-0030: Rezoning N Futrall, Between Wedington & MLK 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 Planning Commission, I am writing in opposition to the rezoning request for this property. I ask that the planning commission deny the rezoning request as recommended by staff. In addition to the reasons for denial given by staff, this is a highly -visible piece of forested land at the base of Markham Hill and the city must do everything in their power to maintain as much of this urban forest canopy as possible. Maintaining a mere 20% (as deflned by the requested CS zoning district) of the existing 6.62 acres of tree canopy would result in the removal of more than 5 acres of mature forest. To meet the goals set forth in the adopted Climate Action Plan, we need to be preserving key portions of the city's tree canopy. In closing, please deny this request. Thank you for your service to our great city, Nick Thorn 629 N Gray Avenue From: Lisa Orton <ortonlisam@gmail.com> Sent: Monday, July 22, 2024 12:26 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Lisa Orton <lisa_m_orton@yahoo.com> Subject: Oppose upzoning of Watson property described in RZN-2024-0030 Compiled Public Comment RZN-2024-0030 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. Dear Planning Commission, Please vote against the upzoning of the Watson property on the west side of Markham Hill (RZN- 2024-0030). The current zoning of RSF-4 is far better for Fayetteville in these wooded areas than upzoning to CS or NS-G or any other upzoning category. Especially with our newly approved Climate Action Plan. I agree with all of the concerns against the upzoning identifled in the City Staff report. Other reasons for maintaining the current RSF-4 zoning: 1. The property owner can still develop under the current zoning of RSF-4. 2. The City is not required to rezone a property just because a property owner or developer requests it. 3. The lower density RSF-4 allows for preserving more tree cover, helping purify Fayetteville's air and water. 4. The lower density RSF-4 causes fewer drainage and fiooding problems for surrounding and lower elevation properties. Flooding and drainage have been a real problem in general in Fayetteville from our excessive, higher-density development and lack of adequate ordinances protecting existing residents. Adding more and more impervious surfaces has contributed to Fayetteville's storm management problems. Upzoning these parcels will only add to these problems, especially since they are on or adjacent to Hillside/Hilltop land. 5. These parcels have clay soil which contributes even more to drainage and fiooding problems. 6. There are natural springs on Markham Hill. Blocking or disturbing these adds to drainage/fiooding problems and messes with nature's way of handling water. 7. RSF-4 is a better transition from a nature preserve to higher density. It does not make sense to have higher density buildings (with their people, noise, traffic, and lights) next to wildlife and nature preserves (50-acre conservation easement on the east and the City's Markham Hill Woods on the north). 8. The historic wooded areas remaining on Markham Hill (not deforested yet) are worth protecting in Fayetteville. 9. There is already too much traffic on Martin Luther King Blvd, the Futrall access road, and surrounding areas. Lower density RSF-4 development will cause fewer additional problems than a higher density zoning. Please oppose the upzoning. Sincerely, Compiled Public Comment RZN-2024-0030 Lisa Orton 1663 W Halsell Rd Fayetteville, AR 72701 410-674-8440 Ward 4 From: CityClerk <cityclerk@fayetteville-ar.gov> Sent: Monday, July 22, 2024 1:17 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Curth, Jonathan <jcurth@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov>; Marquette Bruce <marquette44@gmail.com> Subject: RE: Oppose upzoning of Watson property described in RZN-2024-0030 Good afternoon, I believe this public comment was meant for the Planning Department; it is regarding item 4 on tonight’s Planning Agenda (under Unflnished Business). Thank you, Jonathan Ramirez Communication Specialist Office of the City Clerk-Treasurer City of Fayetteville, Arkansas 479-575-8323 fayetteville-ar.gov jramirez@fayetteville-ar.gov Compiled Public Comment RZN-2024-0030 From: Marquette Bruce <marquette44@gmail.com> Sent: Monday, July 22, 2024 12:34 PM To: CityClerk <cityclerk@fayetteville-ar.gov> Subject: Fwd: Oppose upzoning of Watson property described in RZN-2024-0030 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. Adding my name to this! Thank you, Marquette Bruce 741 North Lewis Ave. I live in this horriflc change for the worse. Sent from my iPhone Begin forwarded message: From: Lisa Orton <ortonlisam@gmail.com> Date: July 22, 2024 at 12:26:21 PM CDT To: planning@fayetteville-ar.gov Cc: Lisa Orton <lisa_m_orton@yahoo.com> Subject: Oppose upzoning of Watson property described in RZN-2024-0030 Dear Planning Commission, Please vote against the upzoning of the Watson property on the west side of Markham Hill (RZN- 2024-0030). The current zoning of RSF-4 is far better for Fayetteville in these wooded areas than upzoning to CS or NS-G or any other upzoning category. Especially with our newly approved Climate Action Plan. I agree with all of the concerns against the upzoning identifled in the City Staff report. Other reasons for maintaining the current RSF-4 zoning: Compiled Public Comment RZN-2024-0030 1. The property owner can still develop under the current zoning of RSF-4. 2. The City is not required to rezone a property just because a property owner or developer requests it. 3. The lower density RSF-4 allows for preserving more tree cover, helping purify Fayetteville's air and water. 4. The lower density RSF-4 causes fewer drainage and fiooding problems for surrounding and lower elevation properties. Flooding and drainage have been a real problem in general in Fayetteville from our excessive, higher-density development and lack of adequate ordinances protecting existing residents. Adding more and more impervious surfaces has contributed to Fayetteville's storm management problems. Upzoning these parcels will only add to these problems, especially since they are on or adjacent to Hillside/Hilltop land. 5. These parcels have clay soil which contributes even more to drainage and fiooding problems. 6. There are natural springs on Markham Hill. Blocking or disturbing these adds to drainage/fiooding problems and messes with nature's way of handling water. 7. RSF-4 is a better transition from a nature preserve to higher density. It does not make sense to have higher density buildings (with their people, noise, traffic, and lights) next to wildlife and nature preserves (50-acre conservation easement on the east and the City's Markham Hill Woods on the north). 8. The historic wooded areas remaining on Markham Hill (not deforested yet) are worth protecting in Fayetteville. 9. There is already too much traffic on Martin Luther King Blvd, the Futrall access road, and surrounding areas. Lower density RSF-4 development will cause fewer additional problems than a higher density zoning. Please oppose the upzoning. Compiled Public Comment RZN-2024-0030 Sincerely, Lisa Orton 1663 W Halsell Rd Fayetteville, AR 72701 410-674-8440 Ward 4 Fayetteville, AR Exhibit The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the user; and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fayetteville makes no express or implied warrantees with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tort immunity set forth under Arkansas law. Created: 8/20/2024 Credits: City of Fayetteville, AR Map Author: 0 0.03 0.050.01 mi Received From Jonathan Curth 08/29/2024 12:42 PM