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HomeMy WebLinkAboutOrdinance 6866113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6866 File Number: 2025-531 STREAMSIDE PROTECTION ZONE MAPPING (AMENDMENT): AN ORDINANCE TO APPROVE AN AMENDMENT TO THE STREAMSIDE PROTECTION ZONE MAPPING FOR PROPERTY LOCATED AT 3352 NORTH HIGHWAY 112 WHEREAS, the subject property is in north Fayetteville located 0.3 miles north of the intersection of North Fulbright Expressway and Highway 112 and contains approximately 35.20 acres; and WHEREAS, when the City's streamside protection mapping was originally approved, the point at which the streamside protection zone began was determined to be the point at which the stream had at least 100 acres of headwater and, while this method is generally accurate in staff s opinion, there are situations where it may not be exact; and WHEREAS, the applicant's engineer has calculated the acreage of the headwaters for the existing starting to be less than 100 acres and has proposed an amendment that would move the starting point for the zone approximately 450 feet further south from its current location where a tributary joins the stream from the west, which would take the headwater acreage over 100 acres; and WHEREAS, as this is in keeping with the original intent of the streamside protection zone definitions, staff is supportive of the request. 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 approves and adopts an amendment to the streamside protection zone mapping for property located at 3352 North Highway 112 by moving the starting point approximately 450 feet downstream as shown on the map attached as Exhibit A. Page 1 Ordinance: 6866 File Number. 2025-531 PASSED and APPROVED on May 6,2025 Approved: * f'O.0 Molly Rawn, Mayor Attest: FAYMEWLL.�S Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $145.92 Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 6, 2025 CITY COUNCIL MEMO TO: Mayor Rawn and City Council THRU: Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer SUBJECT: STREAMSIDE PROTECTION ZONE MAPPING (AMENDMENT): RECOMMENDATION: 2025-531 Staff and the Planning Commission recommend amending the streamside protection zone mapping as indicated for the property located at 3352 N Hwy 112 BACKGROUND: The subject property is in north Fayetteville located 0.3 miles north of the intersection of N. Fullbright Expressway and Highway 112. The entire property contains approximately 35.20 acres and the northern portion was rezoned to UT, Urban Thoroughfare as a result of RZN-2022-0017 (Ord. 6564). The remainder of the property is zoned C-2, Thoroughfare Commercial. Several other actions have been taken on this property including the previous approval of a large-scale development to build 214 residential units, a 40,000 sq. ft. movie theater and associated parking. That large-scale development is currently set to expire on May 2, 2025. Several variances were also approved with that development, including a variance from Chapter 168, Flood Damage Prevention. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning irection Land Use orth Commercial Duth Commercial ast Commercial Pest Residential, Commercial and Industrial Zoning C-2, Thoroughfare Commercial C-2, Thoroughfare Commercial C-2, Thoroughfare Commercial RPZD, Residential Planned Zoning District; CS, Community Services; 1-1 Heavy Commercial and Light Industrial Request: The request is to amend to streamside protection mapping which would move the starting point for the zone approximately 450 feet further south from its current location. DISCUSSION: When the streamside protection mapping was originally approved, the point at which the streamside protection zone began was determined to be the point at which the stream had at least 100 acres of headwater. These starting points were calculated with the aid of Geographic Information Systems (GIS) programs and not calculated individually due to the number of streams under consideration. While this method is generally accurate in staff's opinion, there are situations where they may not be exact. The applicant's engineer has calculated the acreage of the headwaters for the existing starting point and found it to be less than 100 acres. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The proposal is to move the streamside protection starting point approximately 450 feet downstream where the headwater is calculated to be approximately 84 acres. At this point a tributary joins the stream from the west and would take the acreage over 100 acres. As this is in keeping with the original intent of the streamside protection zone definitions, staff is supportive of the request. The Planning Commission heard this item on April 14, 2025 and recommended forwarding it to City Council with a recommendation to approve by a vote of 7-0-0. During the meeting no member of the public spoke for or against the item. BUDGET/STAFF IMPACT: There is no budget impact with this item. ATTACHMENTS: SRM (#3), Exhibit A - Amendment to Streamside Protection Zone Mapping (#4), Planning Commission Report - ADM-2025-0020 (#5) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-531 STREAMSIDE PROTECTION ZONE MAPPING (AMENDMENT): AN ORDINANCE TO APPROVE AN AMENDMENT TO THE STREAMSIDE PROTECTION ZONE MAPPING FOR PROPERTY LOCATED AT 3352 NORTH HIGHWAY 112 WHEREAS, the subject property is in north Fayetteville located 0.3 miles north of the intersection of North Fulbright Expressway and Highway 112 and contains approximately 35.20 acres; and WHEREAS, when the City's streamside protection mapping was originally approved, the point at which the streamside protection zone began was determined to be the point at which the stream had at least 100 acres of headwater and, while this method is generally accurate in staff s opinion, there are situations where it may not be exact; and WHEREAS, the applicant's engineer has calculated the acreage of the headwaters for the existing starting to be less than 100 acres and has proposed an amendment that would move the starting point for the zone approximately 450 feet further south from its current location where a tributary joins the stream from the west, which would take the headwater acreage over 100 acres; and WHEREAS, as this is in keeping with the original intent of the streamside protection zone definitions, staff is supportive of the request. 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 approves and adopts an amendment to the streamside protection zone mapping for property located at 3352 North Highway 112 by moving the starting point approximately 450 feet downstream as shown on the map attached as Exhibit A. Page 1 Chris Brown Submitted By City of Fayetteville Staff Review Form 2025-531 Item ID 5/6/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/15/2025 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Amend the streamside protection zone mapping as indicated for the property located at 3352 N Hwy 112 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: a x EXHIBIT A 0 3537 North Steele Boulevard Suite 310 Fayetteville, AR 72703 olsson.com j TEL 479.443.3404 FAX 479.443.4340 If Olsson - Engineering Arkansas COA #1010 I I r t � 000 I� i�� _ - - i�� t .. START OF NEW +\ I STREAMSIDE PROTECTION �40f DRAINAGE AREA 84 ACRES 450' N ��� � J I \ \LO N F --- X o w - ` w LU O z O QF I Fnw QQ \ W W � z � ZLj --/ Q 0 � a _ J LU W LL tlrewn by: tlesignetl by: ject no.: pro02X.XXXXX tlete: xx xx xxxx �gyy � —� - - rg, 0' 100' 200' 400' SCALE IN FEET SHEET XX of XX CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager Chris Brown, Public Works Director FROM: Alan Pugh, Staff Engineer MEETING DATE: April 14, 2025 Updated with results SUBJECT: ADM-2025-0020: Administrative Item (3352 N. HWY 112/ARONSON, 209): Submitted by OLSSON ENGINEERS for property located at 3352 N. HWY 112. The property is zoned UT, URBAN THOROUGHFARE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 35.20 acres. The request is to amend the streamside protection zone. RECOMMENDATION: Staff recommends forwarding ADM-2025-0020 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward ADM-2024-0020, determining: • In favor of the request to modify the Streamside Protection Mapping, and • In favor of all other conditions as recommended by staff. " BACKGROUND: The subject property is in north Fayetteville located 0.3 miles north of the intersection of N. Fullbright Expressway and Highway 112. The entire property contains approximately 35.20 acres and the northern portion was rezoned to UT, Urban Thoroughfare as a result of RZN-2022-0017 (Ord. 6564). The remainder of the property is zoned C-2, Thoroughfare Commercial. Several other actions have been taken on this property including the previous approval of a large-scale development to build 214 residential units, a 40,000 sq. ft. movie theater and associated parking. That large-scale development is currently set to expire on May 2, 2025. Several variances were also approved with that large-scale, including a variance from Chapter 168, Flood Damage Prevention. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Commercial C-2, Thoroughfare Commercial South Commercial C-2, Thoroughfare Commercial East Commercial C-2, Thoroughfare Commercial Residential, Commercial and RPZD, Residential Planned Zoning District; CS, West Industrial Community Services; 1-1 Heavy Commercial and Light Industrial Request: The request is to amend to streamside protection mapping which would move the starting point for the zone approximately 450 further south from its current location. Planning Commission April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 1 of 9 Public Comment. To date, staff has received no public comment regarding this request. Staff did receive a request for information associated with the submittal. DISCUSSION: When the streamside protection mapping was originally approved, the point at which the streamside protection zone began was determined to be the point at which the stream had at least 100 acres of headwater. These starting points were calculated with the aid of Geographic Information Systems (GIS) programs and not calculated individually due to the number of streams under consideration. While this method is generally accurate in staff's opinion, there are situations where they may not be exact. The applicant's engineer has calculated the acreage of the headwaters for the existing starting point and found it to be less than 100 acres. The proposal is to move the streamside protection starting point approximately 450 downstream where the headwater is calculated to be approximately 84 acres. At this point a tributary joins the stream from the west and would take the acreage over 100 acres. As this is in keeping with the original intent of the streamside protection zone definitions, staff is supportive of the request. RECOMMENDATION: Staff recommends approval of ADM-2025-0020 subject to the following conditions: Conditions of Approval: 1. Approval of this request does not impact the previous actions on the property which remain in effect until alternate plans are approved. 2. All other conditions of Chapter 168 shall remain in effect. PLANNING COMMISSION ACTION: Required YES (Date: April 14, 2025 O Tabled Motion: Garlock Second: Madden ote: 7-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: O Approved Forwarded, with a recommendation of approval. • Applicant Request Letter and Exhibits • One Mile Map • Close-up Map • Current Land Use Map O Denied Planning Commission April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 2 of 9 February 28, 2025 Fayetteville City Council City of Fayetteville, Arkansas 113 W. Mountain Street Fayetteville, AR 72701 Dear Mayor and City Council Members, I am writing on behalf of our Client to formally request an amendment to the Streamside Protection Zone (SPZ) map for a small drainage channel located adjacent to the proposed Aronson Development, a residential community that will provide over 300 much -needed housing units to the City of Fayetteville. As demonstrated in the attached Exhibit A, which delineates the drainage basin of the channel in question, this feature does not drain more than 100 acres. According to the established criteria within the Streamside Protection Ordinance, only streams with a drainage area exceeding this threshold are subject to SPZ regulations. Given that this stream does not meet the ordinance's intent, we respectfully request that the map be revised to reflect its correct classification. This request is for a reduction of 450 LF to the current Streamside Protection Map limits adjacent to the site. Additionally, Exhibit B includes site photographs showing the existing conditions of the drainage channel. As these images illustrate, the channel is small, intermittent in nature, and does not exhibit characteristics of a significant perennial or even intermittent stream. The presence of limited flow, minimal defined banks, and lack of hydrological permanence further supports the argument that it should not be classified within the Streamside Protection Zone. The unintended designation of this area as protected streamside land imposes unnecessary restrictions on the development of a critical housing project. The Aronson Development aligns with Fayetteville's goals of increasing residential density, supporting sustainable urban growth, and enhancing affordability. Ensuring that regulatory overlays are applied in accordance with their original intent allows the City to balance environmental protection with responsible development. We greatly appreciate the City's commitment to maintaining and protecting its natural resources while also fostering economic growth and housing opportunities. In this case, revising the Streamside Protection Zone map to reflect the actual drainage area would uphold that balance. We kindly request that City staff and Council review this request and consider adjusting the SPZ map accordingly. 3537 N. Steele Boulevard / Suite 310 / Fayetteville, AR 72703 o 4 10P.9RgT1oi§§W.com April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 3 of 9 Should you require any additional information or further site verification, we are happy to provide additional documentation or meet with City representatives to discuss this matter further. Thank you for your time and consideration, and we look forward to working with the City on this request. A 3537 N. Steele Boulevard / Suite 310 / Fayetteville, AR 72703 o 4 1MP.9RgT1oi§§W.com April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 4 of 9 Gem HV'37IA3113),V=I 3SVHd )avqvzjmnvy .U09910 NOSNOMV T i181HX3 NOUVINI-130 V38V E)VNIV'd(I 3 R N0I10310IAd301SINVMjIS z Planning Commission April 14, 2025 ADM-2025-0020 (ARONSON) Pape 5 of 9 Exhibit B - Current Site Photographs 3537 N. Steele Boulevard / Suite 310 / Fayetteville, AR 72703 o 4 1MP.9RgT1oi§§W.com April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 6 of 9 ADM-2025-0020 One Mile View NS-G CS ♦ . MF-18 ■4tj MF-12 CPZD Regional Link iiiiiiii Neighborhood Link Freeway/Expressway - Unclassified - Residential Link Planned Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area 3352 N. HWY 112 NORTH --------------- 0 0.13 0.25 0.5 Miles C-3 - - - - - - - - - WASCHE DR NFAQ L-Imii Subject Property I I � i 1 I �I I I j t Ib � I � I r I I d h 49 O N 1 ' I----1 I Planning Area _ I_ Fayetteville City Limits --- g -�FULB N, C- N, Zoning = I-2 Ganerel Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI- Re iitlentia1-01h. NS-L C-1 �ReaidenYel-Agricunural IIIIIIIIC-2 RSF-5 = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Core his I• Ur.n Tlwroughiare Its ..In Street Center RSFA Dmm— Genre, RSF-1S Community S-- RESIDENTIALMULTI-FAMILY NeigM1borM1aad Servkes RMFS NeigM1borM1aad ConserreYan ii RM112 PLANNED ZONING DISTRICTS RMF-13 111111111 Commeluial. Industrial. Residential RMF-sa INSTITUTIONAL RMF- g INDUSTRIAL I-1 Heavy Cemmerclal and Light Industrial Mannino Uommisslon April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 7 of 9 ADM-2025-0020 Close Up View IMMEMEMEME RPZD Regional Link Freeway/Expressway — Unclassified ■ I Planned Residential Link Planning Area Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) Design Overlay District 3352 N. HWY 112 1 ,1 ,1 ,1 ,1 UT ,1 ,1 Subject Property Feet 0 105 210 420 1:3,400 630 840 C-2 1-1 Heavy Commercial and Light Industrial C-2 Urban Thoroughfare Community Services Commercial, Industrial, Residential April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 8 of 9 April 14, 2025 ADM-2025-0020 (ARONSON) Paqe 9 of 9 Form vt 55 NNA RECEIVED 05/12/2025 ntledZa C TY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 506843 PO #: Matter of: ORD 6866 AFFIDAVIT•STATE OF ARKANSAS Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that 1 was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6866 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county.and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$145.92. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 05/11/25;NWA nwaonline.com 05/11/25 Legal Clerk S'. State of ARKANSAS,County of Sebastian •L. ce- Subscribed and sworn to before me on this 12th day of May, 2025 _ :t •'°*G :< N ARY PUBLIC Ordinance:6866 File Number: 2025-531 STREAMSIDE PROTECTION ZONE MAPPING(AMENDMENT): AN ORDINANCE TO APPROVE AN AMENDMENT TO THE STREAMSIDE PROTECTION ZONE MAPPING FOR PROPERTY LOCATED AT 3352 NORTH HIGH- WAY 112 WHEREAS,the subject prop- erty is in north Fayetteville lo- cated 0.3 miles north of the intersection of North Fulbright Expressway and Highway 112 and contains approximately 35.20 acres;and WHEREAS, when the City's streamside protection mapping was originally approved, the point at which the streamside protection zone began was de- termined to be the point at which the stream had at least 100 acres of headwater and, while this method is generally accurate in staff's opinion,there are situations where R may not be exact;and WHEREAS,the applicant's en- gineer has calculated the acreage of the headwaters for the existing starting to be less than 100 acres and has pro- posed an amendment that would move the starting point for the zone approximately 450 feet further south from its cur- rent location where a tributary joins the stream from the west, which would take the headwa- ter acreage over 100 acres;and WHEREAS,as this is in keep- ing with the original intent of the streamside protection zone def- initions,staff is supportive of the request. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City o1 Fayet- teville, Arkansas hereby ap- proves and adopts an amendment to the streamside protection zone mapping for property located at 3352 North Highway 112 by moving the starting point approximately 450 feet downstream as shown on the map attached as Exhibit A. PASSED and APPROVED on May 6,2025 Approved: Molly Rawn,Mayor Attest: Kara Paxton. City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville. Arkansas. Amount Paid:$145.92 May 11,2025 506843