HomeMy WebLinkAboutOrdinance 6957Page 1
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6957
File Number: 2025-2651
AN ORDINANCE TO APPROVE AN AMENDMENT TO THE STREAMSIDE PROTECTION ZONE
MAPPING FOR PROPERTY LOCATED AT WEST CENTER STREET AND GREGG AVENUE
WHEREAS, on December 8, 2025, the Planning Commission approved a conditional use permit for off-site parking at
the southwest corner of the intersection of West Center Street and South Gregg Avenue to serve the Park Hotel; and
WHEREAS, the subject property contains a portion of the Tanglewood Branch stream running across the western and
southwestern extents of the property and the conditional use permit was approved subject to the condition that “a
determination of streamside encroachment or streamside protection zone removal shall be made prior to the issuance of
any grading or building permits on the property”; and
WHEREAS, the applicant has requested that the City Council remove a portion of the Tanglewood Branch from the
streamside protection zone mapping to allow for the construction of the parking structure and building on top of that
portion of the stream; and
WHEREAS, the Planning Commission ultimately found that the applicant’s requested project aligns with the City’s
broader land use goals and recommends approval 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 West Center Street and Gregg Avenue as shown on the map
attached as Exhibit A.
Section 2: This amendment to the Streamside Protection Zone map is subject to and shall not take effect until the
following conditions have been satisfied:
1.Issuance of a building permit for a mixed-use structure that is substantially similar to that submitted with the
applicant’s request.
2.The proposed development will implement low-impact development (LID) strategies and water quality
improvements that go beyond minimum compliance – including stilling basins, velocity dissipation, and native
planting zones designed to reduce pollutant loads before outflow enters the restored natural segment
downstream that are to be reviewed and approved by the City’s Floodplain Administrator.
3.The owner is responsible to filter and remove all trash and debris in the stream both as the water enters and
then exits the property.
Ordinance: 6957
File Number: 2025-2651
Page 2
PASSED and APPROVED on January 6, 2026
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: $194.56
F
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ADM-2025-0048 W. CENTER ST & S. GREGG
AVE
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Subject Property
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EXHIBIT A
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2025-2651
AN ORDINANCE TO APPROVE AN AMENDMENT TO THE STREAMSIDE PROTECTION
ZONE MAPPING FOR PROPERTY LOCATED AT WEST CENTER STREET AND GREGG
AVENUE
WHEREAS, on December 8, 2025, the Planning Commission approved a conditional use permit for
off-site parking at the southwest corner of the intersection of West Center Street and South Gregg
Avenue to serve the Park Hotel; and
WHEREAS, the subject property contains a portion of the Tanglewood Branch stream running across
the western and southwestern extents of the property and the conditional use permit was approved
subject to the condition that “a determination of streamside encroachment or streamside protection zone
removal shall be made prior to the issuance of any grading or building permits on the property”; and
WHEREAS, the applicant has requested that the City Council remove a portion of the Tanglewood
Branch from the streamside protection zone mapping to allow for the construction of the parking
structure and building on top of that portion of the stream; and
WHEREAS, the Planning Commission ultimately found that the applicant’s requested project aligns
with the City’s broader land use goals and recommends approval 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 West Center Street and
Gregg Avenue as shown on the map attached as Exhibit A.
Section 2: This amendment to the Streamside Protection Zone map is subject to and shall not take effect
until the following conditions have been satisfied:
1.Issuance of a building permit for a mixed-use structure that is substantially similar to that
submitted with the applicant’s request.
2.The proposed development will implement low-impact development (LID) strategies and water
quality improvements that go beyond minimum compliance – including stilling basins, velocity
dissipation, and native planting zones designed to reduce pollutant loads before outflow enters
the restored natural segment downstream that are to be reviewed and approved by the City’s
Floodplain Administrator.
Ordinance: 6957
File Number: 2025-2651
Page 2
3.The owner is responsible to filter and remove all trash and debris in the stream both as the water
enters and then exits the property.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2025-2651
MEETING OF JANUARY 6, 2026
TO: Mayor Rawn and City Council
THROUGH: Jonathan Curth, Development Services Director
Keith Macedo, Chief of Staff
Justin Bland
City Engineer
FROM: Alan Pugh, Staff Engineer
Jessica Masters, Planning Director
SUBJECT: ADM-2025-0048: Administrative Item (W. CENTER ST & S. GREGG AVE/CAMDEN
COURT, 522): Submitted by OLSSON for property located at W. CENTER ST & S.
GREGG AVE. in WARD 2. The property is zoned MSC, MAIN STREET CENTER
contains approximately 0.62 acres. The request is for the reduction of the streamside
protection zone.
RECOMMENDATION:
City staff recommend denial and the Planning Commission recommend approval with conditions of a request
to remove a portion of the Streamside Protection zone from the subject property as described and shown in the
attached Exhibits ‘A’ and ‘B’. Conditions include:
1. Removing this section of the Streamside Protection Zone shall only be in effect following the issuance of a
building permit for a mixed-use structure that is substantially similar to that submitted with the applicant’s
request.
2. The proposed development will implement low-impact development (LID) strategies and water quality
improvements that go beyond minimum compliance — including stilling basins, velocity dissipation, and native
planting zones designed to reduce pollutant loads before outflow enters the restored natural segment
downstream. These are to be reviewed and approved by the City’s Floodplain Administrator.
BACKGROUND:
The subject property is located in downtown Fayetteville at the southwest corner of the intersection of W
Center St and S Gregg Ave. The property contains approximately 0.6 acres, is zoned MSC, Main Street
Corner, and was previously occupied by a small apartment complex which was demolished in 2021 in part due
to fire damage. The property currently contains a small parking area that previously served the apartment
complex. There is also a portion of the Tanglewood Branch stream running across the western and
southwestern extents of the property. This parking area does encroach into the streamside zones associated
with the Tanglewood Branch as the site was developed prior to the Streamside Protection ordinance
enactment in 2011.
Request: The request is to remove approximately 289 LF of Tanglewood Branch from the streamside
protection zone. The applicant has indicated an intent to redevelop the site with a mixed-use structure that will
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
partially serve as off-site parking for a hotel property to the north.
Public Comment: Two members of the public spoke in opposition to the request with concerns about the loss
of natural habitat and concerns about maintaining the natural stream adjacent to the City’s investment in the
Lower Ramble to the south.
DISCUSSION:
At the December 8, 2025 Planning Commission meeting, a vote of 6-1-1 forwarded the request to City Council
with a recommendation of approval, with some conditions as recommended by staff. Commissioner Payne
opposed the request, and Commissioner Cabe recused. Staff recommended denial of the request. While staff
acknowledges the potential benefits of new development near downtown, the proposal is inconsistent with the
Streamside Protection ordinance, which was passed in 2011. The intent of the ordinance is to prevent stream
encroachment and degradation. The ordinance emphasizes preserving the natural functions of streams and
their vegetated buffers, including water quality protection, erosion control, habitat support, floodwater storage,
and ecological integrity. The potential to culvert a stream eliminates these essential functions, and staff
recommends denial of the request accordingly.
Planning Commissioners discussed the item at length, and ultimately found that the applicant’s requested
project was in-line with the City’s broader land use goals, especially for a site close to downtown.
Commissioners asked questions about the recommended conditions by staff, and wanted to ensure that the
conditions were written in such a way to prevent this area from being removed from the Streamside Protection
zone without ensuring that the applicant’s proposed project was ultimately built in the way it had been
portrayed. At the previous November 24, 2025 Planning Commission, the applicant presented the development
associated with the streamside protection amendment, which includes an off-site parking lot for a nearby hotel
that is currently under construction. Based on the phasing plan of that associated structure, Planning
Commissioners wanted to ensure that the applicant would not simply obtain a certificate of occupancy for a
parking garage, and then not complete the rest of the building. Finding that the applicant gave a sufficient
response with their stated intent to construct the building as a whole and working through a phased occupancy
with the Building Safety Division, Commissioners forwarded the request with the conditions as recommended
by staff.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2025-2651
Item ID
1/6/2026
City Council Meeting Date - Agenda Item Only
ADM-2025-0048: Administrative Item (W. CENTER ST & S. GREGG AVE/CAMDEN COURT, 522): Submitted by
OLSSON for property located at W. CENTER ST & S. GREGG AVE. in WARD 2. The property is zoned MSC, MAIN
STREET CENTER contains approximately 0.62 acres. The request is for the reduction of the streamside protection
zone.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT SERVICES (620)
Division / Department
12/19/2025
Submitted Date
No
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Is a Budget Adjustment attached?
Total Amended Budget
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Available Budget
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PROPOSED STREAMSIDE REDUCTION
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EXHIBIT B
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Planning Director
Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
MEETING DATE: December 8, 2025
SUBJECT: ADM-2025-0048: Administrative Item (W. CENTER ST & S. GREGG
AVE/CAMDEN COURT, 522): Submitted by OLSSON for property located
at W. CENTER ST & S. GREGG AVE. The property is zoned MSC, MAIN
STREET CENTER contains approximately 0.62 acres. The request is for the
reduction of the streamside protection zone.
RECOMMENDATION:
Staff recommends denial of ADM-2025-0048.
RECOMMENDED MOTION:
“I move to approve ADM-2025-0048, 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 located on the southwest corner of the intersection of W Center St and S
Gregg Ave, contains approximately 0.6 acres and is zoned MSC, Main Street Corner. The
property was previously occupied by a small apartment complex which was demolished in 2021
in part due to damage from a previous fire. The property currently contains a small parking area
that previously served the apartment complex. The parking area the previous building did
encroach into the streamside zones as they were developed prior to the ordinance enactment in
2011. Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Commercial/Residential MSC, Main Street Corner
South Residential NC, Neighborhood Conservation
East Commercial/Residential and
Institutional P-1, Institutional; MSC, Main Street Corner
West Residential, Commercial MSC, Main Street Corner
Request: The request is to remove approximately 289 LF of Tanglewood Branch from the
streamside protection zone. The applicant has indicated an intent to redevelop the site with a
mixed-use structure that will partially serve as off-site parking for a hotel property to the north.
Public Comment: To date, staff has received no public comment regarding this request.
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 1 of 23
Updated with final results
DISCUSSION:
The applicant desires to construct a parking garage with a mixed-use development of residential
and commercial uses. The parking garage would, in part, serve as offsite parking for the Park
Hotel currently under construction at 500 W Spring. The ability to utilize this area as offsite parking
is considered under CUP-2025-0051. The remainder of the development would include both
residential and commercial uses along with parking for those uses. As a portion of the
development, the applicant is requesting to remove the natural stream by placing it underground
within a culvert system and build the parking structure/building on top of the stream to maximize
the available space for development.
While staff understands the potential benefits of additional residential and commercial uses in an
area close to downtown, the proposal is not in keeping with the streamside protection ordinance
approved in 2011. The ordinance was passed to stop encroachment of the natural stream system
in the city and the stream degradation that it causes. When the ordinance was initially passed,
much of the reasoning is included in the information below:
“The purpose of this ordinance is to ensure that streams and adjacent lands fulfill their natural
functions. Streams have the primary natural functions of conveying storm and ground water,
storing floodwater and supporting aquatic and other life. Vegetated lands adjacent to the stream
channel serve as a buffer to protect the streams’ ability to fulfill its natural functions. Primary
natural functions of the buffer include:
o Restoring and maintaining the chemical, physical, and biological integrity of the water
resources;
o Removing pollutants delivered from urban stormwater;
o Reducing erosion and sediment entering the stream;
o Stabilizing stream banks;
o Providing infiltration of stormwater runoff;
o Maintaining base flow of streams;
o Contributing the organic matter that is a source of food and energy for the aquatic
ecosystem;
o Providing tree canopy to shade streams and promote desirable aquatic organisms;
▪ Providing storage for floodwaters;
▪ Providing riparian habitat for wildlife; and
▪ Furnishing scenic value and recreational opportunity.
Culverting streams removes all natural functions of streams and, regardless of the amount,
directly conflicts with the goals and intent of the streamside protection ordinance. For this reason,
staff recommends denial of the request.
RECOMMENDATION: Staff recommends denial of ADM-2025-0048. Should Planning
Commission recommend forwarding this item to City Council, staff have offered
conditions of approval as follows:
Conditions of Approval:
1. Removing this section of the Streamside Protection Zone shall only be in effect
following the issuance of a building permit for a mixed-use structure that is
substantially similar to that submitted with the applicant’s request.
2. The proposed development will implement low-impact development (LID) strategies
and water quality improvements that go beyond minimum compliance — including
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 2 of 23
stilling basins, velocity dissipation, and native planting zones designed to reduce
pollutant loads before outflow enters the restored natural segment downstream. These
are to be reviewed and approved by the City’s Floodplain Administrator.
PLANNING COMMISSION ACTION: Required YES
Date: December 8, 2025 ❒ Tabled ❒ Approved ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• One Mile Map
• Close-up Map
• Current Land Use Map
• Applicant Request Letter and Exhibits
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 3 of 23
X
Werner
Castin
6-1-1 (Payne opposed, Cabe recused)
Forwarded
with all conditions as
recommended by staff.
ARKANSAS
AVE
CENTER
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DICKSON ST
SCHOOL
AVE
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RMF-40
P-1
RSF-4
MSC
DG
DC
RPZD
NC
C-1
CS
C-2
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
One Mile View
ADM-2025-0048 W. CENTER ST & S. GREGG
AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 4 of 23
F
risco
Trail
Oak Rid g e
Trail
Razorback GreenwayConnector
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Residential Link
Planning Area
Fayetteville City Limits
Shared-Use Paved Trail
Design Overlay District
Close Up View
ADM-2025-0048 W. CENTER ST & S. GREGG
AVE
N
0 150 300 450 60075
Feet
Subject Property
1:2,400
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 5 of 23
SPRING ST
WE
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Institutional Master Plan
Urban Center
Unclassified
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Residential Link
Planning Area
Fayetteville City Limits
Design Overlay District
Current Land Use
ADM-2025-0048 W. CENTER ST & S. GREGG AVE N
0 225 450 675 900112.5
Feet
Subject Property
Single-Family
Residential
Mixed Zoning
Multi-Family Residential
Commercial
1:3,600
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 6 of 23
3537 N. Steele Boulevard / Suite 310 / Fayetteville, AR 72703
o 479.443.3404 / olsson.com
October 29, 2025
City of Fayetteville
Attn: Mr. Alan Pugh, PE
125 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Alan Pugh, PE:
On behalf of our client, Olsson respectfully submits this request for an amendment to the
Streamside Protection Map to remove approximately 289 linear feet (LF) of mapped streamside
protection zone along Tanglewood Branch, located within the planned Camden Court
development site located at the SWC of Center and Gregg Street.
This request seeks to realign the mapped boundary to reflect the true hydrologic and ecological
conditions of this section of the watershed while allowing for a neighborhood-scale development
that strengthens the existing urban fabric and provides net water quality improvements to the
community.
Context and Existing Conditions
The section of Tanglewood Branch in question currently functions as a short, channelized
transition between two enclosed (culverted) reaches of the stream. Specifically:
• The Tanglewood Branch is fully enclosed (hard-piped) from its headwaters approximately
1,948 LF north of the site, conveying flow underground through much of the urbanized
corridor.
• The short open segment on the subject property offers limited ecological value, as it
transitions almost immediately back into a culvert just downstream.
• Downstream of the Gregg Avenue crossing, the stream resumes as a natural, stable
channel that continues south until joining Spout Spring Branch, where meaningful
ecological functions are restored.
Given these conditions, the mapped streamside protection zone in this location does not
accurately represent the functional extent of the active riparian system.
Rationale for Amendment
The proposed map amendment would extend the currently culverted reach approximately 289
LF downstream to the next culvert crossing beneath Gregg Avenue. This adjustment would:
1. Improve accuracy of the City’s Streamside Protection Map to better reflect the true
hydrologic continuity of Tanglewood Branch.
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 7 of 23
3537 N. Steele Boulevard / Suite 310 / Fayetteville, AR 72703
o 479.443.3404 / olsson.com
2. Allow for a context-sensitive infill development that complements surrounding land uses,
reinforces pedestrian connectivity, and aligns with Fayetteville’s City Plan 2040 goals for
compact growth and neighborhood reinvestment.
a. Goal #1 “We will make appropriate infill and revitalization our highest priority.”
-City Plan 2040, Updated 6/1/2020
3. Incorporate modern stormwater management practices, including enhanced water
quality treatment prior to discharge, achieving a measurable net benefit to downstream
conditions relative to the existing state.
4. Remove a protection area that currently provides minimal ecological or habitat function,
focusing the City’s environmental protection efforts on the fully natural downstream
reaches where riparian integrity remains intact.
Environmental Stewardship and Public Benefit
The proposed development will implement low-impact development (LID) strategies and water
quality improvements that go beyond minimum compliance — including stilling basins, velocity
dissipation, and native planting zones designed to reduce pollutant loads before outflow enters
the restored natural segment downstream.
Moreover, the project will enhance the surrounding neighborhood through improved
connectivity, aesthetic design, and public realm integration. Aligning the Streamside Protection
Map with existing hydrology ensures that environmental policy continues to serve both
ecological function and community benefit in balance.
We respectfully request that staff consider this amendment and initiate the review process for
the proposed adjustment. Our team welcomes the opportunity to provide supporting exhibits,
hydrologic mapping, and environmental documentation as needed to assist in the City’s
evaluation.
Thank you for your time and consideration of this request. We appreciate the City’s commitment
to thoughtful planning and environmental stewardship and look forward to continued
collaboration. Should you have any questions, please contact me at 479.443.3404 or at
mloos@olsson.com.
Sincerely,
Matthew Loos, PE
Olsson Vice President
Enclosed:
Exhibit A – Overall Townbranch Extents
Exhibit B – Proposed Streamside Reduction
Exhibit C – Concept Plat Site Plan & Renderings
Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 8 of 23
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Planning Commission
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ADM-2025-0048 (CAMDEN COURT)
Page 9 of 23
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Planning Commission
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Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
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Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
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Planning Commission
December 8, 2025
ADM-2025-0048 (CAMDEN COURT)
Page 23 of 23
1/13/2026
Ordinance: 6957
File Number: 2025-2651
AN ORDINANCE TO APPROVE
AN AMENDMENT TO THE
STREAMSIDE PROTECTION
ZONE MAPPING FOR PROPERTY
LOCATED AT WEST CENTER
STREET AND GREGG AVENUE
WHEREAS, on December 8,
2025, the Planning Commission
approved a conditional use per-
mit for off -site parking at the
southwest corner of the inter-
section of West Center Street
and South Gregg Avenue to
serve the Park Hotel; and
WHEREAS, the subject prop-
erty contains a portion of the
Tanglewood Branch stream run-
ning across the western and
southwestern extents of the
property and the conditional use
permit was approved subject to
the condition that `a determina-
tion of streamside encroach-
ment or streamside protection
zone removal shall be made
prior to the issuance of any
grading or building permits on
the properly"; and
WHEREAS, the applicant has
requested that the City Council
remove a portion of the Tangle -
wood Branch from the stream -
side protection zone mapping to
allow for the construction of the
parking structure and building
on top of that portion of the
stream; and
WHEREAS, the Planning Com-
mission ultimately found that
the applicant's requested proj-
ect aligns with the City's
broader land use goals and rec-
ommends approval of the re-
quest.
NOW, THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby approves and
adopts an amendment to the
streamside protection zone
mapping for property located at
West Center Street and Gregg
Avenue as shown on the map
attached as Exhibit A.
Section 2: This amendment to
the Streamside Protection Zone
map is subject to and shall not
take effect until the following
conditions have been satisfied:
1. Issuance of a building per-
mit for a mixed -use structure
that is substantially similar to
that submitted with the appli-
cant's request.
2.The proposed development
will implement low -impact de-
velopment (LID) strategies and
water quality improvements that
go beyond minimum compli-
ance — including stilling basins,
velocity dissipation, and native
planting zones designed to re-
duce pollutant loads before out-
flow enters the restored natural
segment downstream that are
to be reviewed and approved by
the City's Floodplain Administra-
tor.
3.The owner is responsible to
filter and remove all trash and
debris in the stream both as the
water enters and then exits the
property.
PASSED and APPROVED on
January 6, 2026
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: $194.56
January 11,2026 568450