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HomeMy WebLinkAbout2025-09-16 - Minutes - City Council Meeting Minutes September 16, 2025 Page 1 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville Arkansas City Council Meeting September 16, 2025 A meeting of the Fayetteville City Council was held on September 16, 2025 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Molly Rawn called the meeting to order. Present: Council Members Robert B. Stafford, Sarah Moore, Mike Wiederkehr, Scott Berna, Sarah Bunch, Teresa Turk, Minister Monique Jones, Mayor Molly Rawn, City Attorney Kit Williams, City Clerk Treasurer Kara Paxton, Chief of Staff Keith Macedo, Chief Financial Officer Steven Dotson, Staff, Press and Audience. Absent: Council Member D’Andre Jones DHA. Pledge of Allegiance Mayor’s Announcements, Proclamations and Recognitions: Mayor Molly Rawn announced the City Council received requests to table items C. 6 and C.7 and she suspected the City Council would act in that direction. City Council Meeting Presentations, Reports, and Discussion Items: Nominating Committee Report – Committee Chair Council Member Stafford read the Nominating Committee recommendations as presented. Council Member Moore moved to approve the Nominating Committee Report. Council Member Min. Jones seconded the motion. Upon roll call the motion passed 7-0. Council Council Member Scott Berna Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Min. Monique Jones Ward 4 Position 2 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton Council Member Robert B. Stafford Ward 1 Position 1 Council Member Dr. D’Andre Jones Ward 1 Position 2 Council Member Sarah Moore Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 City Council Meeting Minutes September 16, 2025 Page 2 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Approved. Agenda Additions: None Consent: Approval of the September 2, 2025 City Council Meeting Minutes. Approved. A resolution to award RFP 25-03 and approve a contract with Partwise, LLC in the amount of $125,000.00 to commission artist David Eaton to create his sculpture "Cambrata" for the Upper Ramble, and to approve a budget adjustment. Resolution 206-25 as recorded in the office of the City Clerk A resolution to authorize the termination of an agreement with Prime Sanitation for the hauling and disposal of solid waste in the City of Fayetteville. Resolution 207-25 as recorded in the office of the City Clerk A resolution to award Bid #25-43 and authorize a contract with Kinco Constructors in the amount of $4,697,184.26 for Walker Park Improvements Phase 1; to recognize south east quadrant park land dedication funds in the amount of $613,685.00; to approve a project contingency in the amount of $255,000.00; and to approve a budget adjustment. Resolution 208-25 as recorded in the office of the City Clerk A resolution to approve a three-year lease agreement with Elite Aircraft Services LLC, d/b/a EAS Flight Training for approximately 1,128 square feet of office space in the Airport Terminal Building for $1,200.00 per month for the first year. Resolution 209-25 as recorded in the office of the City Clerk A resolution to approve a three-year lease agreement with Skydive Fayetteville, LLC for approximately 833 square feet of office space in the Airport Terminal Building for $1,041.25 per month for the first year. Resolution 210-25 as recorded in the office of the City Clerk City Council Meeting Minutes September 16, 2025 Page 3 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov A resolution to approve a three-year lease agreement with Skytime Aviation, LLC for approximately 297 square feet of office space in the Airport Terminal Building for $437.00 per month for the first year. Resolution 211-25 as recorded in the office of the City Clerk A resolution to approve Amendment #1 to the cost share agreement with Greater Productions, LLC in the amount of $160,729.00 for the installation of sanitary sewer and storm drainage upgrades to serve the Park Hotel and other downtown developments, and to approve a budget adjustment. Resolution 212-25 as recorded in the office of the City Clerk A resolution to approve a budget adjustment in the amount of $190,000.00 to move funds to the Sales Tax Inventory Items account in the Water & Sewer fund. Resolution 213-25 as recorded in the office of the City Clerk A resolution to approve Amendment #1 to the contract with Gall’s, LLC for the purchase of uniforms, equipment, and quartermaster services. Resolution 214-25 as recorded in the office of the City Clerk A resolution to establish a Franchise Fee Special Revenue Fund. Resolution 215-25 as recorded in the office of the City Clerk A resolution to approve a budget adjustment allocating up to $70,000.00 from the Franchise Fee Fund, contingent upon the Salvation Army's successful award of an Emergency Solutions Grant of up to $70,000.00 from the U.S. Department of Housing and Urban Development. Resolution 216-25 as recorded in the office of the City Clerk A resolution to authorize Mayor Rawn to sign a contract with Serve Northwest Arkansas, Inc. d/b/a New Beginnings NWA for homelessness assistance services for a five-year period in the amount of $150,000.00, and to approve a project contingency in the amount of $15,000.00. Resolution 217-25 as recorded in the office of the City Clerk Council Member Berna moved to accept the Consent Agenda as read. Council Member Stafford seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Unfinished Business: None City Council Meeting Minutes September 16, 2025 Page 4 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov New Business: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2026 fixing the rate thereof at 2.3 mills for General Fund Operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund, 2.5 mills for Fayetteville Public Library Operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas. City Attorney Kit Williams read the ordinance. Steven Dotson, Chief Financial Officer gave a brief explanation of the item. It was similar to the millage that had been brought forward since 2016, with the exception of one year that had a rollback. He was available for questions. Council Member Moore and Steven discussed how many available mills there were that were not in use. Steven stated the City could go up to 5 mills for the general fund. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Wiederkehr seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Min. Jones asked how many years were left on paying out the Fayetteville Public Library expansion. The outstanding debt was approximately $15,000,000.00 with another 4 – 5 years left. Steven would follow up with her on the exact years that were left. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Ordinance 6908 as Recorded in the office of the City Clerk. An ordinance to approve VAC-25-20 for property located at 322 South Walker Avenue in Ward 1 to vacate 0.03 acres of general utility easement. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. The property was located just southeast of the downtown square, at the intersection of Martin Avenue and Walker Road. The site was approximately 0.7 acres. The applicant requested the vacation of about 0.03 acres of utility easement on the property. At the time, one-fifth of the property was encumbered by utility easement. This necessitated a degree of vacation in order to expand the City Council Meeting Minutes September 16, 2025 Page 5 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov property, which the applicant proposed to do by constructing an accessory dwelling unit. Staff found no issues with the request. The applicant had solicited and received approval from all franchise utilities serving the City of Fayetteville. Staff recommended approval with one condition; that any damage to or relocation of existing facilities would be at the applicant’s expense. He was available for questions as was a representative from Mehan Families. Council Member Stafford and Jonathan discussed why the applicant requested this specific area. Jonathan stated he was not able to speak to that with any certainty, but the applicant proposed to vacate the area and received consent to do so. 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 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Ordinance 6909 as Recorded in the office of the City Clerk An ordinance to amend the Holt Village Planned Zoning District in Ward 4 to adopt a new site plan, modify the acreage for Neighborhood Zones A and B, and change the lot width minimum in Neighborhood Zone B. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director provided a brief summary of the item. The request was for a property in Northwest Fayetteville, located northeast of the new gas station at the corner of Rupple Road and Mount Comfort Road. The undeveloped land had been approved as a Planned Zoning District in February for a mixed housing development of approximately 105 lots. The request presented to the City Council responded to more detailed construction permitting work. The original site plan approved in February was shown alongside a slightly modified version. The intention was to keep the general street network but improve the transition from townhomes along Rupple Road to single-family homes in the lower-density neighborhoods. The applicant divided the development into two planning areas: Area A, covering the northern and eastern portions, and Area B, closer to Rupple Road. In Planning Area A, the applicant proposed reducing the overall size to accommodate the tension in the northern section and converting some lots originally meant to face green space into more conventional, street-facing lots. In Planning Area B, the request included reducing minimum lot widths from 24 feet to 22 feet to match the proposed designs. City staff found the request consistent with the original Planned Zoning District approval and recommended approval. He addressed a clerical issue involving discrepancies in the legal description between the February approval, the Planning Commission version, and the City Council Meeting Minutes September 16, 2025 Page 6 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council packet. Staff requested the Council first amend the proposed ordinance to adopt the updated Exhibits A and B for legal clarity. The Planning Commission had previously recommended approval of the request with a unanimous 5–0 vote. Mary McGetrick, Landmark Homes Representative stated initially the construction plans were not approved and the units were not designed. As they started designing, the shape of the property forced them into different lot sizes than anticipated. They tried their best to keep the intent of overall Planned Zoning District. She was available for questions. Council Member Min. Jones verified the applicant’s name and who she was representing. Council Member Moore then asked how many of the proposed houses were originally facing the green space that were now going to face the street. Mary stated the orientation did not change on the homes. It started out as a rear entry single family home and was replaced with townhomes. Council Min. Jones followed up and confirmed that the townhomes were still rear entry. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Berna asked if the amendment for the exhibits had to take place first. Jonathan explained the amendment was to replace the original exhibits with updated versions of the map and legislation text. Council Member Stafford moved to amend and replace Exhibit A and Exhibit B with presented map and legal description. Council Member Berna seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. 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 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. City Attorney Kit Williams read the ordinance. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Ordinance 6910 as Recorded in the office of the City Clerk An ordinance to rezone the property described in Rezoning Petition RZN 2025-31 for approximately 9.9 acres located at 3900 West Dinsmore Trail in Ward 1 from NC, Neighborhood Conservation to CS, Community Services. City Attorney Kit Williams read the ordinance. City Council Meeting Minutes September 16, 2025 Page 7 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Jonathan Curth, Development Services Director gave a brief summary of the item. The request was a site in West Fayetteville, west of Interstate 49. The property was approximately 60 acres on the east side of Rupple Road, located roughly between Owl Creek Elementary School and John L. Colbert Middle School. The property had a Dinsmore Trail address, but public notifications were issued for both Dinsmore Trail and Ruble Road. The applicant wanted to rezone a portion of the 60-acre property. 48 acres were zoned Neighborhood Conservation, and a little over 11 acres were zoned Community Services. The request aimed to reconfigure the zoning so that approximately 21 acres would be Community Services, while the remainder adjacent to Dinsmore Trail would remain Neighborhood Conservation. From a land use compatibility perspective, staff considered the request appropriate due to the area's mixed character, including schools, townhomes, attached housing, and single-family dwellings. The surrounding area had been zoned Neighborhood Conservation, limiting the potential for mixed-use development. Staff believed this new proposal supported the original intent of developing Rupple Road as a more mixed-use corridor. The request aligned with the City Plan 2040, the future land use map, and relevant infill criteria, including fire response, utilities, school proximity, parks, and trails. Tree preservation requirements of 20% remained in effect. Few public comments were received in regard to the potential development, in which staff responded that more details would follow if the zoning was approved. Staff recommended approval and the Planning Commission unanimously forwarded the request to City Council. Blake Jorgensen and Mark Marquis were available as applicants on the item. Blake Jorgenson, applicant stated he thought the new density in this corridor would allow Fayetteville to maximize and utilize the corridor as is intended. He was available for questions. Council Member Turk and Jonathan discussed the five story limit with Community Services zoning. Jonathan stated that Neighborhood Conservation allowed for single family dwellings by right whereas Community Services allowed a variety of potential residential uses in addition to services like restaurants and offices. Council Member Turk was curious if liquor stores would be allowed within 1000 feet of the property. Jonathan had to take a moment to research her question. Council Member Bunch recounted the history of Rupple Road and how original expectations of the area did not turn out to be what they wanted. She hoped that they could reach that goal with this property. Jonathan Curth, Development Services Director addressed Council Member Turk’s question on liquor stores. The liquor store state statue was that it has to be 1000 feet from a church or schoolhouse. Council Member Turk stated she agreed with Council Member Bunch. She hoped it would stimulate more business in the area and not just more subdivisions. Council Member Min. Jones asked if there was documentation on what the new density goals were. Jonathan stated he was not employed with the City at the time the original design for Rupple Rd. came through. He stated a lot of work went into it and the hope was to allow more depth to allow someone to add more housing and add services. City Council Meeting Minutes September 16, 2025 Page 8 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Council Member Moore and Jonathan spoke on the walkability infrastructure of the area. Jonathan stated there would be a Master Street Plan connection to come from the roundabout on the northwest corner of the property and he thought the area could afford more connectivity opportunities. Council Member Stafford wanted to make sure the applicant had an opportunity to expound on anything discussed. Blake Jorgenson, applicant explained the current project would expand Community Services zoning on the property rather than reduce it to Neighborhood Conservation, in order to support a new type of product and development that aligned with the City’s goals. The Master Street Plan would be extended into Densmore, providing an additional outlet and would make the area more walkable, including access to schools. He was excited about this upcoming phase and appreciated the opportunity to explain the project. 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 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. City Attorney Kit Williams read the ordinance. Council Member Bunch hoped something would be built in the area to add a better experience for the community but also have the potential of a commercial property to bring more tax revenue for the City. Council Member Stafford agreed with Council Member Bunch. He felt there was a golden opportunity based on the location and he hoped to see it benefit the people of the neighborhood and the City. Mayor Molly Rawn asked shall the ordinance pass. Upon roll call the ordinance passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. Ordinance 6911 as Recorded in the office of the City Clerk An ordinance to approve a Residential Planned Zoning District entitled PZD-2025-003 for approximately 49.2 acres located on North Raven Lane in Ward 4. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. The property was southwest of Underwood Park, south of the Crystal Springs Phase Four subdivision, and north of Clabber Creek, which had an associated floodplain. The property itself was mostly undeveloped, with about 1.5 acres of the 49-acre site lying within the floodplain. Earlier in the year, staff had City Council Meeting Minutes September 16, 2025 Page 9 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov proposed removing a Master Street Plan connection across Clabber Creek due to environmental concerns and land conservation issues. The City Council supported that removal. However, staff did not support removing additional planned connectivity in the area. A concurrent proposal to remove another planned connection that would run north across Underwood Park and connect back to Dean Solomon Road was not supported by staff or the Planning Commission. The proposal before the Council was a Planned Zoning District for the 49-acre property, which included a new public street and a system of private streets serving two planning areas. Planning Area One was designated for development and allowed small-scale residential uses, including single-family and duplex housing to provide flexibility. Planning Area Two, covered about 22 acres, was intended to remain open space for neighborhood use. Some proposed modifications were presented in a new Planned Zoning District booklet shared during the previous week’s agenda session. Staff found the proposed development to be compatible with the surrounding low-density residential area. Underwood Park Planned Zoning District allowed for multi-family housing, the proposed lower density served as a transition to the single-family neighborhoods to the south. Due to the property's distance from major transportation corridors, the lower-density proposal was seen as more appropriate. Staff noted that tree preservation requirements would remain at 25%, consistent with Residential Single Family-4 zoning. Public comments had been received, primarily from residents of the Crystal Springs Phase Four subdivision. Their concerns focused on preserving green space and increased traffic through their neighborhood as a result of the development. Staff emphasized the importance of maintaining the Master Street Plan connection to Dean Solomon Road to help distribute traffic. Due to the short time between the agenda session and the meeting, staff had not completed their review of the revised Planned Zoning District booklet and recommended leaving the item on the first reading. This would allow time to ensure consistency with the development code and avoid future re-hearings. Despite the need for additional review, staff recommended approval of the request. The Planning Commission had forwarded it with conditions, and the applicant was expected to present to the council. Andrew Meltzer, applicant gave an overview on the item and introduced the Next Chapter Neighborhood project, expressing enthusiasm for the potential. The property consisted of two parcels totaling roughly 49 acres. The current zoning allowed for over 500 housing units. The proposal represented a downzoning to just under 300 units, or about 7 units per acre, aiming to reduce density while still providing high-quality housing. He explained that the Next Chapter Neighborhood model differed significantly from traditional developments. It was a market-rate rental community where all homes were owned and maintained by the developer. The community was designed to foster genuine neighborhood interaction. The company provided comprehensive maintenance, both inside and outside of the homes. The model offered fixed-expense living. Next Chapter Neighborhoods prioritized quality, tenant experience, and long-term retention. He displayed the rental rates and was open for questions. Council Member Turk and Andrew discussed the advantages of having a private drive versus public. Andrew stated the condition of approval is to leave certain roads as public through the development to meet the Master Street Plan. The roads would maintain public access easements to give more room to position the units how they prefer. He confirmed the private streets would be built to the City of Fayetteville standards. Council Member Turk then asked if they would have to abide by the City of Fayetteville’s setback requirements. Jonathan stated they can set their own setback requirements. Council Member Turk and Andrew then discussed any possible restrictions City Council Meeting Minutes September 16, 2025 Page 10 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov to the neighborhood. Andrew stated there were no age restrictions. There were income requirements, two and a half times the rent to qualify. They also do background checks and credit checks, similar to a high end apartment complex. Council Member Moore felt confused about the development. The photos did not feel very Fayetteville and she was concerned about all of the concrete. She expressed interest in wanting to see examples of recent developments in other cities to understand how the project would reflect the character of the area. She was concerned about the amenities being so adjacent to Underwood Park, especially for the park goers that were experiencing poverty, she felt this could cause a disconnect. She questioned the affordability of the housing, especially for those on fixed incomes, and requested clarification on what demographic the development would serve based on the City’s housing assessment. She requested clarification on the zoning implications, especially since the area was currently zoned for single-family use and wanted to understand the potential impacts if the market changed and the project reverted. Andrew Meltzer, applicant responded to some of Council Member Moore’s concerns. He started off saying that if there was an issue with the project and they were unable to move forward, they felt it was their responsibility to the landowner that the property be reverted to the zoning that existed today. He then explained that he felt they were meeting the housing study as they were providing a diverse set of housing and alternative housing for those who do not want to live in the existing builds. They were not requesting variances for stormwater requirements and would be held to all of the engineering requirements. He was going to come back in two weeks to provide more information. Council Member Stafford and Jonathan discussed the tree canopy requirements. Jonathan stated Planning Zoning Districts required 25% tree requirement. Andrew elaborated that they will not be requesting any deviation from the tree preservation requirement. Council Member Min. Jones and Andrew then discussed who would upkeep the private roads. Andrew stated they would upkeep the roads. Council Member Berna and Andrew then discussed the connectivity of the development and the nearby park. Council Member Stafford then questioned if the neighborhood to the south would have access to the sidewalks. Andrew confirmed the sidewalks were publicly accessible. During public comment, a citizen asked if a traffic study was done on the area. Mayor Rawn stated public comment was not generally a Q&A but gave Jonathan the opportunity to address the question. Jonathan stated a traffic study had not been done yet, which was not uncommon on zoning requests. He did note that the development did hit the threshold that would require a traffic study to be done. The City Council received 4 public comments regarding this ordinance. Mayor Molly Rawn stated the applicant requested to leave the item on the first reading. She clarified that September had 5 Tuesdays so the next agenda session would not be the following week, it would be on September 30th with the City Council meeting on October 7th. This ordinance was left on the First Reading. City Council Meeting Minutes September 16, 2025 Page 11 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov An ordinance to annex that property described in Annexation Petition ANX 25-001 submitted by RMP LLP for property located on West Lierly Lane adjacent to Ward 4 containing approximately 19.92 acres. For clarification, it was discussed that the applicant wanted to table the item to the October 7, 2025 City Council Meeting. Council Member Stafford moved to table the ordinance to the October 7, 2025 City Council meeting. Council Member Min. Jones seconded the motion. Upon roll call the motion passed 7-0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. This ordinance was tabled to the October 7, 2025 City Council meeting. An ordinance to rezone the property described in Rezoning Petition RZN 2025-32 for approximately 19.92 acres located on West Lierly Lane in Ward 4 from R-A, Residential Agricultural to NC, Neighborhood Conservation. Mayor Molly Rawn stated there was a request to table the item from the applicant. Council Member Berna moved to table the ordinance to the October 7, 2025 City Council meeting. Council Member Stafford seconded the motion. Upon roll call the motion passed 7- 0. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted yes. Council Member Dr. Jones was absent. This ordinance was tabled to the October 7, 2025 City Council meeting. An ordinance to rezone the property described in Rezoning Petition RZN 2025-27 for approximately 0.40 acres located at 3070 West Mount Comfort Road in Ward 4 from RSF-4, Residential Single-Family, Four Units Per Acre to NS-G, Neighborhood Services-General. City Attorney Kit Williams read the ordinance. Jonathan Curth, Development Services Director gave a brief summary of the item. Staff found the request compatible from a land use perspective and consistent with long-range planning goals, given the property's location on a major transportation corridor. They believed the site was suitable for additional housing and small-scale services, which the surrounding area lacked. The zoning change would support City Plan 2040’s goal of creating compact, complete, and connected neighborhoods by offering more housing options and local services. The property was located on Gooseberry Lane, a dead-end street. While future plans included possibly connecting Gooseberry to the Crystal Springs subdivision, no right-of-way currently existed, and there weren’t short-term city plans to develop it. The city received significant public feedback, mostly opposing the request. Residents expressed concerns about Gooseberry’s lack of connectivity, difficult access from City Council Meeting Minutes September 16, 2025 Page 12 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov Mount Comfort Road, and potential traffic issues. Although city staff recommended approval, the Planning Commission denied the request in a 3-6 vote. Supporters on the commission cited the potential for small-scale neighborhood services, while opponents echoed public concerns about access, traffic, and the potential incompatibility of the development in an area largely made up of single-family homes, aside from some nearby religious institutions. He noted that the applicant might have an amendment prepared. Wes Bates and Konrad Siemek, applicants presented on the item. They noted a lot of work had been done in South Fayetteville, where both they and the audience lived, but that buildable lots in that area were running out. They emphasized that South Fayetteville couldn't be the only near- downtown area to handle infill and urged consideration of other neighborhoods for small-scale infill projects that wouldn't alter their character. They referenced the risks taken in previous projects involving alley and trail frontage, and accessory dwelling units, aligning with what the Planning Department had asked for and what the City Council had approved. They discussed compromise, referencing the Planning Commission vote, which had occurred more quickly than expected. They expressed pride in the compromise reached with neighbors after back-and-forth conversations. Ultimately, the neighborhood group had expressed support for Residential Single Family-18 zoning, which the speaker viewed as a good compromise. In referring to the City's Master Street Plan, they highlighted that this right-of-way was planned to be connected. Mount Comfort was designated as a regional link street, with a turning lane. They shared that engineering had informed them of a planned multi-use trail on the south side of Mount Comfort within the next five years. That trail would need to be completed before adding the turning lane and removing the current bike lane. In addressing concerns that were raised in comparing Mount Comfort to Wedington, they argued that Mount Comfort was different as it was not undeveloped farmland but instead consisted of individual parcels. They argued that the zoning decisions based on Gooseberry being a dead end street were shortsighted as the street would eventually be connected. In reference to sidewalks, they explained that any future development would be required to build sidewalks or pay a fee in lieu. They requested the item be left on the first reading as they just received a survey back from their surveyor and were looking into a split zoning potentially. They would also like the time to find common ground and revisit the project. If common ground couldn’t be found, they were not going to take the item to a vote for a Neighborhood Services General but would instead ask for a Residential Signle Family-18 instead. They were available for questions. Council Member Berna if the City Council preferred to give the applicants time to speak with the neighbors first to sort out concerns or have public comment at the meeting. Council Member Turk stated there were a lot of neighbors in attendance and would like to hear from them. The City Council received 7 public comments regarding this ordinance. Council Member Stafford stated he would like to keep the item on the first reading. He hoped the neighbors and developers could work something out. Council Member Bunch and City Attorney Kit Williams discussed what a Bill of Assurance was. Council Member Wiederkehr expressed that it was a pleasure to witness residents who cared deeply about their neighborhood and a privilege to see developers committed to preserving significant trees. He thanked everyone for being in attendance. City Council Meeting Minutes September 16, 2025 Page 13 of 13 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov This ordinance was left on the First Reading. Mayor Molly Rawn thanked those who attended the meeting for school purposes. Announcements: None City Council Agenda Session Presentations: None City Council Tour: None Adjournment: 7:43 p.m. _____________________________ __________________________________ Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer