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2026-02-03 - Agendas - Archive
City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Results Tuesday, February 3, 2026 5:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 2 Meeting Information: 1.Webinar ID: 852 1092 8707 Public Registration Link: https://fayetteville-ar.zoom.us/webinar/ -AR.GOV Call to Order Roll Call Pledge of Allegiance Mayor' s Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1.Sales Tax & Monthly Financial Report - Chief Financial Officer Proposed Agenda Additions A.Consent A.1. Approval of the January 20, 2026 City Council Meeting Minutes A.2. NeoGov HR Software Maintenance Renewal: A resolution to approve the purchase of annual software maintenance from NeoGov for 2026 in the amount of $65,419.19. (2026-1 29) Passed and shall be recorded as Resolution 043-26. A.3. Hawkins-Weir Engineers, Inc. (Amendment No. 6): A resolution to approve Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $97,130.00 for additional services associated with the Goshen Water Storage Tank Improvements Project. (2026-114) Passed and shall be recorded as Resolution 044-26. A.4. Bid 25-54 OPW Commercial Services of Arkansas LLC (Fire Hydrant Painting): A resolution to award Bid #25-54 and authorize a contract with OPW City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 3 Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville’s water service area, and to approve a projec t contingency in the amount of $9,400.00. (2026-7 8) Passed and shall be recorded as Resolution 045-26. B.Unfinished Business B.1. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025- -A, Residential-Agricultural to RI-12, Residential Intermediate, 12 to a (2025-2620) meeting, this ordinance was tabled to the 17, 2026 City Council meeting. C.New Business C.1. VAC 2025-0028 SW of West Cato Springs Road & South Emma Avenue: -25-28 for property located Southwest of West -of-way. (2026-107) C.2. VAC 2025-0032 South School Avenue: An ordinance to approve VAC-25-32 for property located at 902 South School Avenue and 1020 South School Avenue in Ward 1 to vacate 0.36 acres of utility easement. (2026-108) Passed and shall be recorded as Ordinance 6967. C.3. RZN 2025-0066 North Double Springs Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 4 Road in Ward 4 from R-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units Per Acre. (2026-100) recorded as Ordinance 6968. C.4. RZN 2025-0063 South Washington Avenue: - -U, Residential Intermediate- (2026-101) C.5. RZN 2025-0065 North Garland Avenue: - -4, Residential Single-Family, Four Units Per Acre to RI-U, -Urban. (2026-102) recorded as Ordinance 6970. C.6. RZN 2025-0068 East Huntsville Road: Rezoning Petition RZN 2025- -4, Residential Single-Family, Four Units Per Acre; RMF-24, -Family, 24 Units Per Acre; and C- S, Community Services. (2026-103) recorded as Ordinance 6971. C.7. RZN 2025-0064 North Addington Avenue: - RSF-4, Residential Single-Family, Four Units Per Acre to RSF-18, -Family, 18 Units Per Acre, subject to a Bill of Assurance. -105) C.8. RZN 2025-0062 North Rupple Road: - City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 5 Units Per Acre; RMF-12, Residential Multi-Family, 12 Units Per Acre; and RSF- 8, Residential Single-Family, 8 Units Per Acre to CS, Community Services. -106) recorded as Ordinance 6973. C.9. PZD 2025-0005 North Crossover Road & East Zion Road: -2025-005 for North Crossover Road and East Zion Road in (2026-111) February 3, 2026 City Council meeting, this ordinance was left on the first C.10. Amendment to Food Commission Board Term Lengths: (2026-217) recorded as Ordinance 6974. D.City Council Tour D.1. Agenda Item C.9: PZD 2025-0005 North Crossover Road & East Zion Road: Date & Time: February 2, 2026 at 3:30 PM Address: Unaddressed; meet at the Elks Club parking lot at 4444 N. Crossover Parking: Elks Club surface parking lot E.Announcements F.Adjournment: 8:40 p.m. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, January 27, 2026 4:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward I Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Tentative Agenda January 27, 2026 Meeting Information: Webinar i n a r ID: 856 1802 1467 Public Registration Link: https://fayetteville-ar.zoom.us/webinar/ reaister/WN pGo7TPABT72OCBWvOkoEbA Agenda ItemComment(Fayetteville-AR.GOV Call to Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items / 1. Sales Tax & Monthly Financial Report - Chief Financial Officer A. Consent IA.1. Approval of the January 20, 2026 City Council Meeting Minutes A.2. NeoGov HR Software Maintenance Renewal: A resolution to approve the purchase of annual software maintenance from NeoGov for 2026 in the amount of $65,419.19. (2026-129) A.3. Hawkins -Weir Engineers, Inc. (Amendment No. 6): A resolution to approve Amendment No. 6 to the Professional Engineering 90% Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $97,130.00 for additional services associated with the Goshen Water Storage Tank Improvements Project. (2026-114) / A.4. Bid 25-54 OPW Commercial Services of Arkansas LLC (Fire Hydrant Painting): A resolution to award Bid #25-54 and authorize a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville's water service area, and to approve a project contingency in the amount of $9,400.00. (2026-78) City of Fayetteville, Arkansas page 2 City Council Meeting Tentative Agenda January 27, 2026 FA.5. 2026 Budget Re -Appropriation Request: A resolution to amend the 2026 Adopted Budget by re -appropriating $187,993,330.00 in bonded or ongoing capital projects and outstanding obligations and grant funded items. (2025-2782) 7/t4av tc HAe a/ ti/& rneet� n B. Unfinished Business B.1. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 0050 for approximately 7.67 acres located at 5901 West Michael Cole Drive in Ward 4 from R -A, Residential -Agricultural to RI -12, Residential Intermediate, 12 Units Per Acre and CCR, Conservation, Cultural, and Recreation subject to a conservation easement. (2025-2620) At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. At the January 20, 2026 City Council meeting, this ordinance was amended and left on the second reading. C. New Business C.1. VAC 2025-0028 SW of West Cato Springs Road & South Emma Avenue: An ordinance to approve VAC -25-28 for property located Southwest of West Cato Springs Road and South Emma Avenue in Ward 1 to vacate 0.01 acres of right-of-way. (2026-107) ,/C.2. VAC 2025-0032 South School Avenue: An ordinance to approve VAC -25-32 for property located at 902 South School Avenue and 1020 South School Avenue in Ward 1 to vacate 0.36 acres of utility easement. (2026-108) J C.3. RZN 2025-0066 North Double Springs Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 66 for approximately 1.18 acres located at 1171 and 1173 North Double Springs Road in Ward 4 from R -A, Residential -Agricultural to RI -12, Residential Intermediate, 12 Units Per Acre. (2026-100) C.4. RZN 2025-0063 South Washington Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 63 for approximately 0.40 acres located at 1090 South Washington Avenue in Ward 1 from NC, Neighborhood Conservation to RI -U, Residential Intermediate - Urban. (2026-101) City of Fayetteville, Arkansas page 3 City Council Meeting Tentative Agenda January 27, 2026 /C.5. RZN-2025-0065 North Garland Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 65 for approximately 0.40 acres located at 1807 North Garland Avenue in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to RI -U, Residential Intermediate -Urban. (2026-102) C.6. RZN 2025-0068 East Huntsville Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 68 for approximately 0.83 acres located at 1967 East Huntsville Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre; RMF-24, Residential Multi -Family, 24 Units Per Acre; and C-1, Neighborhood Commercial fC to CS, Community Services. (2026-103) ^ I.7. RZN 2025-0064 North Addington Avenue: �� tAPA L{0 l a T - t- I � C An ordinance to rezone the property described in RezoningPetitior?'RZN 2025- 64 for approximately 0.33 acres located at 1417 North Addington Avenue in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to RSF-1 8, / Residential Single -Family, 18 Units Per Acre. (2026-105) I C.8. RZN 2025-0062 North Rupple Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 62 for approximately 4.8 acres located at 1439 North Rupple Road in Ward 4 from C-1, Neighborhood Commercial; RSF-4, Residential Single -Family, Four Units Per Acre; RMF-12, Residential Multi -Family, 12 Units Per Acre; and RSF- 8, Residential Single -Family, 8 Units Per Acre to CS, Community Services. /C.9. (2026-106) PZD 2025-0005 North Crossover Road & East Zion Road: An ordinance to approve a Planned Zoning District entitled PZD-2025-005 for approximately 9 acres located at North Crossover Road and East Zion Road in Ward 3. (2026-111) D. Proposed Agenda Additions E. City Council Agenda Session Presentations F. City Council Tour G. Announcements H. Adjournment City of Fayetteville, Arkansas page 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, January 27, 2026 4:30 PM Virtual City Council Members Council Member Robert B. Stafford Ward I Council Member Dr. D'Andre Jones Ward I Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Tentative Agenda January 27 2026 Meeting Information: Webinar ID: 856 1802 1467 Public Registration Link: https://fayetteville-ar.zoom.us/webjnar/ register/WN pGo7TPABT72OCBWvOkoEbA AgendaltemComment(d Fayetteville -AR GOV J Call to Order Roll Call /Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items ✓ 1. Sales Tax & Monthly Financial Report - Chief Financial Officer A. Consent I A.1. Approval of the January 20, 2026 City Council Meeting Minutes A.2. NeoGov HR Software Maintenance Renewal: A resolution to approve the purchase of annual software maintenance from NeoGov for 2026 in the amount of $65,419.19. (2026-129) /A.3. Hawkins -Weir Engineers, Inc. (Amendment No. 6): A resolution to approve Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $97,130.00 for additional services associated with the Goshen Water Storage Tank Improvements Project. (2026-114) I A.4. Bid 25-54 OPW Commercial Services of Arkansas LLC (Fire Hydrant Painting): A resolution to award Bid #25-54 and authorize a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville's water service area, and to approve a project contingency in the amount of $9,400.00. (2026-78) Cih of Fayetteville, Arkansas page 2 City Council Meeting Teutaiiv e Agenda January 27. 2026 Unfinished Business B.1. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 0050 for approximately 7.67 acres located at 5901 West Michael Cole Drive in Ward 4 from R -A, Residential -Agricultural to RI -12, Residential Intermediate, 12 Units Per Acre and CCR, Conservation, Cultural, and Recreation subject to a conservation easement. (2025-2620) At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. At the January 20, 2026 City Council meeting, this ordinance was amended and left on the second reading. C. New Business J C.1. VAC 2025-0028 SW of West Cato Springs Road & South Emma Avenue: An ordinance to approve VAC -25-28 for property located Southwest of West Cato Springs Road and South Emma Avenue in Ward 1 to vacate 0.01 acres of right-of-way. (2026-107) /C.2. VAC 2025-0032 South School Avenue: An ordinance to approve VAC -25-32 for property located at 902 South School Avenue and 1020 South School Avenue in Ward 1 to vacate 0.36 acres of utility easement. (2026-108) /C.3. RZN 2025-0066 North Double Springs Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 66 for approximately 1.18 acres located at 1171 and 1173 North Double Springs Road in Ward 4 from R -A, Residential -Agricultural to RI -12, Residential Intermediate, 12 Units Per Acre. (2026-100) /C.4. RZN 2025-0063 South Washington Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 63 for approximately 0.40 acres located at 1090 South Washington Avenue in Ward 1 from NC, Neighborhood Conservation to RI -U, Residential Intermediate- / Urban. (2026-101) ✓ C.5. RZN-2025-0065 North Garland Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 65 for approximately 0.40 acres located at 1807 North Garland Avenue in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to RI -U, Residential Intermediate -Urban. (2026-102) CrO• of Fayetteville, Arkansas page City Council Meeting Tentative Agenda January 27. 2026 , C.6. RZN 2025-0068 East Huntsville Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 68 for approximately 0.83 acres located at 1967 East Huntsville Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre; RMF-24, Residential Multi -Family, 24 Units Per Acre; and C-1, Neighborhood Commercial to CS, Community Services. (2026-103) /C.7. RZN 2025-0064 North Addington Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 64 for approximately 0.33 acres located at 1417 North Addington Avenue in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to RSF-18, Residential Single -Family, 18 Units Per Acre, subject to a Bill of Assurance. / (2026-105) ' C.B. RZN 2025-0062 North Rupple Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- 62 for approximately 4.8 acres located at 1439 North Rupple Road in Ward 4 from C-1, Neighborhood Commercial; RSF-4, Residential Single -Family, Four Units Per Acre; RMF-12, Residential Multi -Family, 12 Units Per Acre; and RSF- 8, Residential Single -Family, 8 Units Per Acre to CS, Community Services. / (2026-106) J C.9. PZD 2025-0005 North Crossover Road & East Zion Road: An ordinance to approve a Planned Zoning District entitled PZD-2025-005 for approximately 9 acres located at North Crossover Road and East Zion Road in Ward 3. (2026-111) �� C,lO 1 O1roti✓LGc►LCD t-/© D. Proposed Agenda Additions -% %Ja1 on 7/ me 000{ C—OY�1M155r©Y1 E. City Council Agenda Session Presentations F. City Council Tour 7 C R PZD a.oa5 - COOS G. Announcements North Crro�S,0, /vel^ Rdoci ^ CGS % JH. Adjournment �'' on f `erAd City of Fayetteville, Arkansas page 4 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Rawn THRU: Kara Paxton, City Clerk -Treasurer FROM: Kit Williams, Fayetteville City Attorney DATE: February 4, 2026 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of February 3, 2026 1. A resolution to approve the purchase of annual software maintenance from NeoGov for 2026 in the amount of $65,419.19. 2. A resolution to approve Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins -Weir Engineers, Inc. in an amount not to exceed $97,130.00 for additional services associated with the Goshen Water Storage Tank Improvements Project. 3. A resolution to award Bid #25-54 and authorize a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville's water service area, and to approve a project contingency in the amount of $9,400.00. 4. An ordinance to approve VAC -25-28 for property located Southwest of West Cato Springs Road and South Emma Avenue in Ward 1 to vacate 0.01 acres of right-of-way. 5. An ordinance to approve VAC -25-32 for property located at 902 South School Avenue and 1020 South School Avenue in Ward 1 to vacate 0.36 acres of utility easement. 6. An ordinance to rezone the property described in Rezoning Petition RZN 2025-66 for approximately 1.18 acres located at 1171 and 1173 North Double Springs Road in Ward 4 from R -A, Residential -Agricultural to RI- 12, Residential Intermediate, 12 Units Per Acre. 7. An ordinance to rezone the property described in Rezoning Petition RZN 2025-63 for approximately 0.40 acres located at 1090 South Washington Avenue in Ward 1 from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban. 8. An ordinance to rezone the property described in Rezoning Petition RZN 2025-65 for approximately 0.40 acres located at 1807 North Garland Avenue in Ward 2 from RSF-4, Residential Single -Family, Four Units Per Acre to RI -U, Residential Intermediate -Urban. 9. An ordinance to rezone the property described in Rezoning Petition RZN 2025-68 for approximately 0.83 acres located at 1967 East Huntsville Road in Ward 1 from RSF-4, Residential Single -Family, Four Units Per Acre; RMF-24, Residential Multi -Family, 24 Units Per Acre; and C-1, Neighborhood Commercial to CS, Community Services. 10. An ordinance to rezone the property described in Rezoning Petition RZN 2025-64 for approximately 0.33 acres located at 1417 North Addington Avenue in Ward 2 from RSF- 4, Residential Single -Family, Four Units Per Acre to RSF- 18, Residential Single -Family, 18 Units Per Acre, subject to a Bill of Assurance. 11. An ordinance to rezone the property described in Rezoning Petition RZN 2025-62 for approximately 4.8 acres located at 1439 North Rupple Road in Ward 4 from C-i, Neighborhood Commercial; RSF-4, Residential Single -Family, Four Units Per Acre; RMF-12, Residential Multi -Family, 12 Units Per Acre; and RSF-8, Residential Single - Family, 8 Units Per Acre to CS, Community Services. 12. An ordinance to amend § 33.460 Membership of the Food Commission Article to provide for three year staggered terms. 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, January 27, 2026 4:30 PM Virtual City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Council Meeting Tentative Agenda January 27, 2026 City of Fayetteville, Arkansas page 2 Meeting Information: 1. Webinar ID: 856 1802 1467 Public Registration Link: https://fayetteville-ar.zoom.us/webinar/ -AR.GOV Call to Order Roll Call Pledge of Allegiance Mayor' s Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. Sales Tax & Monthly Financial Report - Chief Financial Officer A. Consent A.1. Approval of the January 20, 2026 City Council Meeting Minutes A.2. NeoGov HR Software Maintenance Renewal: A.3. Hawkins-Weir Engineers, Inc. (Amendment No. 6): -Weir Engineers, Inc. in an amount not to A.4. Bid 25-54 OPW Commercial Services of Arkansas LLC (Fire Hydrant Painting): -54 and authorize a contract with OPW ncy in the amount of $9,400.00. (2026-78) City Council Meeting Tentative Agenda January 27, 2026 City of Fayetteville, Arkansas page 3 B. Unfinished Business B.1. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025- -A, Residential-Agricultural to RI-12, Residential Intermediate, 12 , Conservation, Cultural, and Recreation subject to a (2025-2620) C. New Business C.1. VAC 2025-0028 SW of West Cato Springs Road & South Emma Avenue: -25-28 for property located Southwest of West C.2. VAC 2025-0032 South School Avenue: -25-32 for property located at 902 South School C.3. RZN 2025-0066 North Double Springs Road: - -A, Residential-Agricultural to RI-12, Residential C.4. RZN 2025-0063 South Washington Avenue: - -U, Residential Intermediate- C.5. RZN-2025-0065 North Garland Avenue: - -4, Residential Single-Family, Four Units Per Acre to RI-U, City Council Meeting Tentative Agenda January 27, 2026 City of Fayetteville, Arkansas page 4 C.6. RZN 2025-0068 East Huntsville Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- -4, Residential Single-Family, Four Units Per Acre; RMF-24, -Family, 24 Units Per Acre; and C- C.7. RZN 2025-0064 North Addington Avenue: - -4, Residential Single-Family, Four Units Per Acre to RSF-18, -Family, 18 Units Per Acre, subject to a Bill of Assurance. C.8. RZN 2025-0062 North Rupple Road: - -1, Neighborhood Commercial; RSF-4, Residential Single-Family, Four -12, Residential Multi-Family, 12 Units Per Acre; and RSF- -Family, 8 Units Per Acre to CS, Community Services. C.9. PZD 2025-0005 North Crossover Road & East Zion Road: -2025-005 for (2026-111) D. Proposed Agenda Additions E. City Council Agenda Session Presentations F. City Council Tour G. Announcements H. Adjournment City Council Meeting Minutes January 20, 2026 Page 1 of 20 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 Mayor Molly Rawn City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting January 20, 2026 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 A meeting of the Fayetteville City Council was held on January 20, 2026 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Rawn called the meeting to order. Present: Council Members Robert B. Stafford, D'Andre Jones DHA, 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. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: A Proclamation to Honor the 2025-2026 Fayetteville High School Cheerleading Team & Coaches Mayor Rawn acknowledged the Fayetteville High School Varsity Cheerleading Squad that was in attendance. They had done tremendous work over the past year and was headed to a competition in Orlando. She wanted to thank them for all of the work they did and acknowledged those who were not able to attend the meeting. She proceeded to read the proclamation as presented. City Council Meeting Presentations, Reports, and Discussion Items: 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 2 of 20 Dr. Martin Luther King Jr. Brotherhood Award Presented by City Attorney Kit Williams City Attorney Kit Williams stated it had been his honor and privilege to recognize a worthy recipient of the City of Fayetteville Dr. Martin Luther King Jr. Brotherhood Award. The award was given annually in recognition of the city employee whose service to the city best exemplified Dr. Martin Luther King Jr.'s dream of equality, justice, brotherhood and service. Although a single person was being honored, he recognized the many city employees and officials who work hard to make Fayetteville a great place to live, work and raise a family. City of Fayetteville employees strive to be responsive to citizen needs, do their jobs diligently and efficiently as they service the citizens and community with fairness, courtesy and competency. He felt very lucky to be able to work alongside the dedicated city employees that ensure Fayetteville remained a welcoming community. He recognized Assistant Human Resources Director Michele Bechhold who worked for the city for over 37 years, serving virtually every employee in her role, giving her the opportunity to work in support of equal opportunity and access. She had promoted and applied consistently fair policies within the workplace and had long helped orientate and educate new employees on city benefits. She assisted in the expansion of access to domestic partners for city benefits and to provide equitable pay. She had proctored employment aptitude tests for the hiring of virtually every police officer and firefighter, and later their promotions. She assisted employees needing counseling and other services through the city's employee assistance plan. She had touched the lives of all current and past city employees during the last 37 years. It was his honor and privilege to present the award to her. Assistant Human Resources Director Michele Bechhold thanked City Attorney Kit Williams. She felt it was an honor to receive the award and an honor to serve the city and its employees for over 37 years. Fayetteville Youth Advisory Council Progress Report Deputy City Clerk Codifier Chanci Fondren introduced two members of the Fayetteville Youth Advisory Council, Blythe Heimer and Jay Hong. She mentioned the work the Fayetteville Youth Advisory Council had done in building the council from the group up and shaping it with a clear vision for Fayetteville's future. In their following presentation, they would be speaking on the initiatives they've launched, issues that drove them and their goals. She emphasized how meaningful it was that Mayor Rawn attended their meanings and engaged with them as partners in civic leadership. She invited the City Council to attend Fayetteville Youth Advisory Council meetings and encouraged them to work with the students, collaborate and help strengthen their work. Chair of the Fayetteville Youth Advisory Council Blythe Heimer presented on the Fayetteville Youth Advisory Council and her experience starting the council. She stated the council was sponsored by Mayor Rawn and led by Deputy City Clerk Codifier Chanci Fondren. The council was formed by 8 high school students attending Haas Hall Academy and Fayetteville Highschool, with the goal to advocate for youth voices within the city. She recounted establishing bylaws and learning about the Freedom of Information Act along with 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 3 of 20 Robert's Rules of Order and Procedure. It had been challenging at times but was rewarding being able to be involved within their city. Co -Chair of the Fayetteville Youth Advisory Council Jay Hong presented on the initiatives of the council. The council had contributed a new perspective to city planning projects by sharing how teens experience and move through the city. That included input on sidewalk accessibility done with the collaboration of Washington Elementary School. The council provided feedback related to the environmental impact of Ramay Junior High School new building, the Downtown Master Street Plan and gave support to the adoption of the storm water utility fee and disclosure of rental fee and costs. In March of 2025 the council hosted their first event, a cleanup of Mud Creek Trail, and managed to collect 40 bags worth of trash. They had another cleanup scheduled for March of 2026 and invited the City Council to attend. He reviewed their other initiatives and spoke on the council creating a list of volunteer opportunities for high school students to assist with meeting the state regulated 75 hours of community services before graduation. One of the most significant accomplishments was the passage of the Safe Storage Resolution. The resolution directly emphasized the purpose of the Fayetteville Youth Advisory Council, demonstrating the council's ability to work with student organized groups, adding a spotlight on student concerns and turning initiatives into real impact. He stated all of the successes were made possible because of the unique views of the youth in Fayetteville working to fill in the gap. Chair of the Fayetteville Youth Advisory Council Blythe Heimer reviewed the council's future goals. Quoting Council Member Mia Alansari, Blythe stated she hoped the council would have continued passion for sustainability and the environment, keeping Fayetteville safe and clean. Council Member Aniruth Satish worked to advocate for mental health awareness and resources within the community, adding that the council would be hosting a mental health art wall at the community art wall of Poplar St and the Razorback Greenway. She stated that was only a fraction of their hopes for the council, but their ultimate goal was to continue advocating for all members of the community, youth or not. She invited the City Council to join them for a meeting and invited them, and members of the community, to come if they have an idea or a need within Fayetteville. They wanted to support the community and make sure they felt heard. She was remarkably proud of the Fayetteville Youth Advisory Council and the members within it. They would continue to work hard for Fayetteville, and all in Northwest Arkansas. Mayor Rawn thanked Blythe and Jay for their service to the council. She had the pleasure of attending several of their meeting and always left inspired by the depth of sophistication the council brought to their meetings. Agenda Additions: None Consent: Council Member Berna moved to suspend the rules that require Mayor Rawn to read the consent agenda. Council Member Stafford seconded the motion. Upon roll call the motion 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 4 of 20 passed 7-1. Council Member Berna, Bunch, Turk, Stafford, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Min. Jones voted no. Council Member Stafford moved to accept the Consent Agenda. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. National League of Cities Southern Cities Economic Initiative Implementation Grant Acceptance: A resolution to authorize the acceptance of a Southern Cities Economic Initiative Planning Grant in the amount of $55,000.00 to support a project to inventory vacant residential properties and pilot a workforce development program focused on affordable housing rehabilitation and repair, and to approve a budget adjustment. Resolution 35-26 as recorded in the office of the City Clerk Hawkins -Weir Engineers, Inc. Amendment No. 3: A resolution to approve Amendment No. 3 to the Professional Engineering Services Contract with Hawkins -Weir Engineers, Inc. in an amount not to exceed $976,480.00 for construction management and field observation services associated with utility relocations along Highway 112, and to approve a budget adjustment. Resolution 36-26 as recorded in the office of the City Clerk Franchise Agreement with Trash Haulers, LLC: A resolution to approve an agreement with Trash Haulers, LLC for the hauling and disposal of solid waste in the City of Fayetteville for a period of 2 years with automatic renewals for two additional 2 year terms. Resolution 37-26 as recorded in the office of the City Clerk Approve Recycling Cart Purchases through Shaefer Plastics: A resolution to approve the purchase of recycling carts and related products and services from Schaefer Plastics of North America, LLC for the initial amount of $1,333,274.45 plus any applicable taxes pursuant to a Sourcewell Cooperative Purchasing Contract, to approve a project contingency in the amount of 133,327.45, to authorize the future purchase of recycling carts and related products and services as needed within the approved budget through April 4, 2029 and any future renewal periods, and to approve a budget adjustment. Resolution 38-26 as recorded in the office of the City Clerk ARPA Budget Reallocation: A resolution to commit $3,750.00 in returned American Rescue Plan Act funds to the Childcare Assistance Program, and to approve a budget adjustment. Resolution 39-26 as recorded in the office of the City Clerk Mental Wellness Program for the Fayetteville Fire Department: A resolution to approve a contract with Nikki Penn Counseling and Consulting PLLC to provide a mental awareness program for the Fayetteville Fire Department in the amount of $75,000.00 per year with automatic renewals for up to four additional years. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 5 of 20 Resolution 40-26 as recorded in the office of the City Clerk Police/Fire Radio Replacement: A resolution to authorize the purchase of radio equipment from Motorola Solutions Inc. in the amount of $2,561,648.79 pursuant to a NASPO Cooperative Purchasing Contract. Resolution 41-26 as recorded in the office of the City Clerk Unfinished Business: RZN 2025-0046 North Penelope Lane: An ordinance to rezone the property described in rezoning petition RZN 2025-46 for approximately 2.58 acres located at 2097 North Penelope Lane in Ward 4 from R -A, Residential -Agricultural and RMF-24, Residential Multi -Family, 24 units per acre to RI -U, Intermediate -Urban. For item history from November 4, 2025 through December 2, 2025, please contact the Office of the City Clerk Treasurer. At the December 16, 2025 City Council meeting, this ordinance was left on the third andfinal reading and tabled to the January 20, 2026 City Council meeting. Council Member Bunch verified the item was at the third and final reading. She then moved to suspend the rules and allow the applicant to present if he had anything to add or if the public had comments. Council Member Stafford seconded her motion. Mayor Rawn, City Attorney Kit Williams and Council Member Bunch clarified her motion. Council Member Bunch moved to suspend the rules and allow city staff to present, applicant to present and to take public comment. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. Development Services Director Jonathan Curth had no update on the item. He was happy to answer any questions and did have visual presentation from the applicant. Mayor Rawn requested a brief summary before the applicant presented. Development Services Director Jonathan Curth explained the item went to the Planning Commission in October and staff was against the item then and now. Staff recommended denial due to concerns about the amount of floodplain on the property and its history, including a prior downzoning from Residential Single -Family 4 to Residential Agriculture to offset the upzoning of the northern portion for a subdivision. The applicant proposed to further downzone a portion of the property in the floodway of the property, and as a balancing point to that upzone, an area immediately of that from Residential Agriculture to Residential Intermediate Urban. The Planning Commission felt that Fayetteville's floodplain regulations were adequate and forwarded the item to the City Council by a vote of 8-1. The City Council denied the request at the subsequent meeting and brought the item back for consideration, immediately tabling it to give the public time to be aware that the item was being reconsidered. The applicant then requested it 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 6 of 20 be tabled for two meetings given the volume of work and interest in the agenda, along with other items. He was available for questions. Applicant Tracy Hoskins presented on the item. Around 2015-2016, another developer proposed the Westview Meadows project and, without the property owners' knowledge, made promises and stipulations with the balance of their property that he did not own or control. As a result, the current owners were left with the remaining property, part of which had been down zoned from Residential Single Family - 4 to Residential Agriculture. The property consisted of roughly eight to nine acres, with the southern five acres zoned Residential Multi -Family - 24, allowing high density apartments, and the northern portion zoned Residential Agriculture. Fayetteville had limited developable land left, pushing development into hilltops, slopes, and low lying areas. His intention was to develop patio homes and townhomes similar to his Oak Brook project, not apartments, and to include a small park in the low areas while being careful within the floodway zones. He believed the proposal was preferable to what could be built under current zoning, which allowed both very low -density Residential Agriculture development and very high density Residential Multi -Family - 24 development. He would not build Residential Multi - Family - 24 apartments and would sell it off to another developer. He noted that, in years of experience, he had never been a part of a rezoning voted on the first night and had expected feedback with the City Council. He requested to table the item again to allow meetings with all Council Members on site to explain his intentions. He addressed concerns about density raised at a prior City Council meeting, stating that unfettered density had never been the intent and that property constraints already limited what could be built. He was willing to include a density cap through a bill of assurance. He sought Residential Intermediate -Urban zoning only because it was the one zoning district that allowed 18 foot wide lots needed for townhomes. He hoped for dialogue with the City Council to create a project similar to Oak Brook, including a neighborhood park and more affordable homes. He was available for questions. Council Member Min. Jones and Jonathan discussed the infield score for the property and what the access point was. Jonathan stated the infill score was 3 - 5 dependent on where you looked on the property. There was a subdivision to the northwest that had an access easement and private driveway that connected from the subdivision to approximately 12 houses that were in the upper righthand corner. The applicant proposed to connect to the north and south side of the creek. The developer also had plans to attempt to connect to the lower right hand corner at a different point in the subdivision. Council Member Stafford and Jonathan discussed the location of the floodplain and floodway in relation to the project. Council Member Dr. Jones then asked if staff was in support of the item, which they were not, but the Planning Commission did forward it to the City Council with a vote of 8-1. Council Member Dr. Jones then asked the applicant if he wanted the item to go to a vote at the meeting. Tracy believed the best route would be to have dialogue with the City Council and go over the plan with the development; showing what the plan was and how they would execute it. He felt that if given the opportunity, the City Council would be in support of his plan. He reviewed his experience with building in Fayetteville and offered full disclosure that he would not build in the creek because they couldn't and that decision wouldn't change based off the zoning. He spoke on the natural restrictions of the area and how many units could be built 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 7 of 20 practically. He did visit with the fire department at length and they were very supportive of the project. He apologized for not being familiar with the infill scores. Council Member Berna asked if the applicant had spoken with the neighbors to address any of their concerns. Tracy stated he had not yet. He did meet with neighbors to the south but none from the north due to the holidays, which was why he was asking to table the item, to allow the opportunity to meet with the neighbors and at least the Ward 4 Council Members. Council Member Bunch then asked why he chose not to do a Planned Zoning District. Tracy stated that two years ago his staff architect of 20 years passed away and didn't have him to do the graphics and to help make that decision. Council Member Turk stated the City Council wanted to see the plans for the project well in advance and not at the last minute. She felt he had plenty of time to speak with the neighbors, commenting that many had reached out to her with their concern. She was disappointed he hadn't done any outreach. Tracy stated his engineering company had contacted neighbors to the north and called several of them. They had not received any feedback or calls back. He understood what she was saying but stated it was not accurate. Council Member Turk recalled his conversation with Council Member Berna where Tracy had stated he did not reach out to the neighbors. Tracy clarified that he meant he did not have any meetings with the neighbors in person. Council Member Moore clarified with Tracy that there was an existing crossing in the area they would be accessing with the project. The City Council received 6 public comments regarding this ordinance. Council Member Berna and Jonathan discussed the current zoning of the property, with a split zoning of Residential Multi Family - 24 and Residential Agriculture. Jonathan was not sure what the ultimate unit count would be for the property as they could only develop a portion of the property due to standards set by the city. Council Member Berna then questioned the applicant's willingness to do a bill of assurance and asked if he had spoken with Jonathan about it. Jonathan stated the applicant could come back to the City Council if they wanted to modify the request and offer a bill of assurance, it was not something that the City Council could require. His recommendation on behalf of staff was to pursue a Planned Zoning District as he could but was unable to identify a zoning district that could not only fit the applicants' needs but also have staff support. Council Member Wiederkehr was not sure with the way the project had evolved if it was the same project the Planning Commission had forwarded. His hesitation was he didn't want to have the project to continue to evolve and come back to City Council repeatedly. He preferred the item not be tabled and to go to a vote. The applicant had the opportunity to do a Planned Zoning District in the future and go back to the Planning Commission and staff, which would be his preference. Council Member Moore did not disagree with what Council Member Wiederkehr had said. She then reflected on feedback she had received from developers on the sunken costs with applying for a Planned Zoning District. Jonathan stated that Planned Zoning Districts do not require a high level of involvement in drafting. He did note that when Planned Zoning Districts are brought before staff, the Planning Commission and ultimately City Council, the desire was to offer more details. Often, most of what of the City Council saw did have a high degree of detail, which was 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 8 of 20 not a requirement. A Planned Zoning District did require additional work that could be expanded on significantly, depending on the expectations of staff, the Planning Commission and City Council. Jonathan thought, given the property's nuances, a Planned Zoning District would meet both the applicants' needs and be a request staff supported. Council Member Moore requested a member of City Engineering to provide feedback on whether he agreed with staff's concerns around the project. City Engineer Justin Bland agreed that a Planned Zoning District would provide more detail on the project. Council Member Stafford wanted to clarify where he stood on the project. He liked a lot of Tracy Hoskins developments and felt they had a lot of character. For him, he liked density and felt Fayetteville needed density. Traffic concerns would be constant as the city was growing. For him, his concern laid in the amount of building in a floodplain. He was very adverse to projects in floodplains. If it was a Planned Zoning District, he would take another look. But as the project stood, he would not be supporting it. Council Member Turk agreed with Council Member Stafford. Her biggest concern was always about the floodplain and the development had a majority in the floodplain. The residents had been extremely vocal and had contacted her several times. The project had been very frustrating for her because the City Council denied it, reconsidered, tabled it and then the developer was requesting more time when she felt it had been given adequate time to contact neighbors and give the City Council a tour. If he came back later with a Planned Zoning District that was significantly different that what was presented, she would be willing to consider it. Council Member Bunch and Jonathan reviewed the conceptual drawings and the floodplain map. Jonathan explained there was a 100 year floodplain, meaning every year there was a 1% chance of flooding. A 500 year floodplain meant every year there was a 0.2% chance of flooding. At the highest point of the property was the area that was being considered for rezoning. Council Member Berna then clarified which reading the item was on. City Attorney Kit Williams stated the item was on the third and final reading. Council Member Bunch would have preferred to have an actual Planned Zoning District to review the specific details on the project. Her issue was the floodplain, she felt it was very problematic. She didn't know if she would support the item but felt that Tracy brought up a good point which was the good land in Fayetteville had already been developed and what was left was hillside or lowland. The City Council would see an increase in similar issues due to the housing need in the area. Council Member Berna agreed there should have been more clarification and that it would have been nice to have a Planned Zoning District. He would not be supporting the item but emphasized his concern about what would be built in the area without the down zoning. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance failed 1-7. Council Member Dr. Jones voted yes. Council Member Berna, Bunch, Turk, Min. Jones, Stafford, Moore and Wiederkehr voted no. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 9 of 20 The ordinance failed. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-0050 for approximately 7.67 acres located at 5901 West Michael Cole Drive in Ward 4 from R -A, Residential -Agricultural to RI- 12, Residential Intermediate, 12 Units Per Acre and CCR, Conservation, Cultural, and Recreation subject to a conservation easement. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. Mayor Rawn stated there was an updated conservation easement distributed to the City Council via email by Senior Assistant City Attorney Blake Pennington. City Attorney Kit Williams questioned if the City Council would like to suspend the rules and go to the third and final reading before he read the item. Development Services Director Jonathan Curth then offered to present the difference between the original conservation easement and the one that was emailed. Council Member Moore moved to suspend the rules and go to the third and final reading, Council Member Dr. Jones seconded the motion. Council Member Stafford stated he was not for a motion to suspend and would vote no. Council Member Min. Jones expressed confusion as to why the item would progress to the third reading if there were changes to be made. City Attorney Kit Williams clarified that he would either read the item and go to the second reading, or the motion would pass putting it on the third reading, which at that point amendments could be made. Mayor Rawn stated Jonathan would be presenting on the item either way. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion failed 5-3. Council Member Berna, Bunch, Dr. Jones, Moore and Wiederkehr voted yes. Council Member Turk, Min. Jones and Stafford voted no. Mayor Rawn declined to vote as not everyone was comfortable with the item going to the third reading. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth briefly reviewed the exhibit that had been shared during the Agenda Session. The exhibit showed a three part rezoning proposal; keeping part of the property zoned Residential Agriculture, rezoning the northern portion along West Michael Cole Drive to Residential Intermediate - 12, and rezoning the remainder to the new Conservation, Cultural and Recreation district. He noted that the updated exhibit added color to clarify the floodplain area within the dotted boundary. On the recently distributed easement the acreage had been corrected from 4.64 acres to 3.53 acres to match the zoning recommendation forwarded by the Planning Commission. After guidance from the City Attorney's office, the extinguishment clause had been removed because the city, as the easement's recipient, would be the entity most likely to exercise eminent domain, making the clause unnecessary. The eminent domain section remained. Third, staff and the City Attorney's office confirmed that the applicant was correctly listed as the grantor and the city as the grantee. Finally, he addressed questions about trail construction, noting that Section 3.3 still allowed soft -surface trails. With the long 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 10 of 20 range multi -use trail alignment still undetermined and potentially not crossing the property, it was not included in the easement. The applicant indicated willingness to amend the easement later if needed. He recommended that City Council amend the ordinance to replace the previous easement with the revised version. Council Member Turk moved to amend to reflect the replacement conservation easement. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. Council Member Turk commended the applicant for going forward to draft a conservation easement using the new Conservation, Cultural and Recreation zoning designation. She was concerned about the floodplain in the northeast concern of the property and how it might impact the remainder of the property downstream. Jonathan stated staff was in support of the item. The project allowed the developer to potentially relocate dirt with some degree of flexibility while acknowledging the most sensitive part of the area. Council Member Turk followed up on if retention ponds had been identified or required. Jonathan deferred to the applicant, Dirk Thibodaux. Applicant Dirk Thibodaux stated they were not the engineer designing the detention ponds, they were being designed by an outside firm. Everything preliminary showed that the detention ponds would be in the conservation easement, or the majority of them would be in easement. He had looked into what would make the pond more desirable for wildlife, native grasses and native trees as right now there was primary an open field. Development Services Director Jonathan Curth clarified there was a clause at the end of the conservation easement that there should be no excavation except as necessary to meet any stormwater management and drainage requirements in connection with the grantor's development of the parcel. Council Member Turk thanked Jonathan for clarifying and stated a detention pond in a Conservation, Cultural and Recreation zoning went against the spirit of the zoning. Council Member Stafford emphasized his concern about the area being in a floodplain and agreed that allowing a detention pond in a Conservation, Cultural and Recreation went against the spirit on the zoning district. He was glad it was kept on the second reading as he was not prepared to vote on the item based on his concerns. This ordinance was left on the Second Reading. RZN 2025-0058 South Futrall Drive & South Root Avenue: An ordinance to rezone the property described in Rezoning Petition RZN 2025-58 for approximately 9.02 acres located at South Futrall Drive and South Root Avenue in Ward 1 from RSF-4, Residential Single -Family, 4 Units Per Acre to NS -G, Neighborhood Services — General. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 11 of 20 Development Services Director Jonathan Curth explained he would present updates for the next two agenda items together. He reminded the City Council that the two items were located near each other geographically. Item B.3, the larger property, sat just off I-49 on the south and southwest slopes of Markham Hill. Item B.4 involved a smaller property to the northwest. The larger, southern property had varied terrain, with the steepest slopes, about 12-16%, running down the southern face of Markham Hill. Flatter areas, around 5-7% slopes, were located along the southeastern, southern, and southwestern boundaries. The smaller northern property also had varied slopes but was less steep overall, averaging 10% or less, though some northern areas reached about 14%. He then provided updates on easements. He stated the two properties did not touch. A gap between them contained land covered by two easements, a conservation easement tied to the Markham Hill development that significantly restricted development, and a water and sewer easement along the gravel road providing utility access uphill. Neither easement allowed access to the two properties, meaning they could not rely on that intervening land for future access. The Planning Commission had recommended approval of the larger southern property by a 7-0 vote, and approval of the smaller northern property by a 6-1 vote. Council Member Moore moved to suspend the rules and go to the third and final reading. Council Member Dr. Jones seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6962 as Recorded in the office of the City Clerk RZN 2025-0059 South Futrall Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025-59 for approximately 1.37 acres located at South Futrall Drive in Ward 1 from RSF-4, Residential Single -Family, 4 Units Per Acre to NS -G, Neighborhood Services — General. At the January 6, 2026 City Council meeting, this ordinance was left on the first reading. Council Member Stafford moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6963 as Recorded in the office of the City Clerk 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 12 of 20 New Business: Council Member Moore moved to suspend the rules and see item C. 2 first. She noticed a few citizens in the audience and recognized it had been a long night for them. Council Member Moore moved to change the order of agenda items to C.2, C.3, C.4, C.1. Council Member Bunch seconded the motion. Upon roll call the motion passed unanimously. ADM 2025-0045 To Establish the Oak Grove Historic District: An ordinance to establish the Oak Grove Historic District and codify the White Hangar at Drake Field Historic District in § 33.321 Historic Districts of the Fayetteville City Code. City Attorney Kit Williams read the ordinance. Long Range & Preservation Planner Kylie Cole presented on the item. She was excited to present the Fayetteville's first proposed residential historic district and because it was a new process, she wanted to review how the districts were created, what they did, the specifics of the Oak Grove proposal, the steps taken so far, and the City Council's role. She noted that the Arkansas Historic Districts Act established the procedures, including two ways to form a district; through a petition signed by at least 51% of property owners within a boundary, or by adopting an existing National Register District boundary. The Act defined required public notice, review bodies, timelines, and the responsibilities of the final decision makers. The Act outlined how districts were created and how the Historic District Commission was structured, while the city's ordinance defined how proposed districts were evaluated and what projects required review. A local historic district protected properties, provided predictability, and created a transparent review process. It did not change zoning, regulate land use, control paint colors, or require property owners to make improvements. She stated that the Oak Grove proposal came through the petition process, circulated entirely by neighbors who determined the boundary. They initially gathered 72% support, and after additional signatures were validated by the clerk, support rose to nearly 79%, with no stated opposition. The proposed district included 31 historic age properties, one non historic property, and seven vacant parcels. She shared the neighborhood's vision to preserve a cohesive example of vernacular residential architecture and early 20th century neighborhood design. She described the area's historic significance, centered on Noah Fields Drake, a notable geologist who returned to Fayetteville in 1922, lived in the neighborhood, and built 11 homes, 10 of which remained. His fieldstone style appeared throughout the district, alongside other Craftsman era homes. In reviewing the steps taken she explained a petition was filed and validated, her office and the Historic District Commission prepared a report, and the proposal was reviewed by the State Historic Preservation Office, which endorsed it. The Planning Commission also supported the proposal and expressed interest in considering future variances that would help preserve the neighborhood's character. Public feedback included nearly 79% petition support, 13 letters of support, three inquiries, and no opposition. She noted that the draft ordinance created the Oak Grove Historic District and 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 13 of 20 codified the Drake -related structure at Drake Field. The Historic District Commission unanimously recommended approval, and staff also recommended adopting the district. She was available for questions. Mayor Rawn thanked Kylie for her work on the project, stating she did an excellent job and it had been wonderful to see it take shape. The City Council received 3 public comments regarding this ordinance. Council Member Wiederkehr moved to suspend the rules and go to the third and final reading. Council Member Berna seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Council Member Stafford stated how excited he was for the project and his hope that it would be the start of many Fayetteville historic districts. He questioned if there would be any sort of sign to indicate the district. Mayor Rawn stated she would mention it at her next staff meeting. Council Member Stafford thanked staff and was very excited to be voting for the item. Council Member Moore stated she loved this portion of Fayetteville and wanted to applaud how the process played out. She was impressed that she did not receive any negative feedback. She found the process to be delightful, thoughtful and quintessentially Fayetteville. She applauded staff for their work and the neighbors who were neighborly to one another. She looked forward to supporting the item and enjoying the neighborhood for many years to come. Council Member Turk wanted to applaud everyone for their work on the project. She felt no opposition was amazing. It was clear to her that Fayetteville residents value their history and want to preserve it. She agreed in hoping there would be many more historic districts in the future. Council Member Bunch thanked staff and was grateful for their efforts, mentioning their thoughtful approach to every detail. She felt that no opposition exemplified that neighbors in Fayetteville can work together and come up with decisions that were good for their neighborhood and protect their community. She was in full support of the item. Council Member Dr. Jones echoed the sentiments of his peers. He felt the process was perfect and thanked staff. He hoped they could bring the same energy for future projects. He looked forward to supporting the item. Long Range & Preservation Planner Kylie Cole stated all the credit went to the property owners, the neighbors, who worked together. Staff was lucky to help them along. Staff learned about the ways neighbors communicate and prefer to receive information and the power of having one or two neighborhood leaders step up to the plate and lead the charge proved to be very successful. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 14 of 20 Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6964 as Recorded in the office of the City Clerk ADM 2025-0051 Amend UDC Chapters 150.04, 151.01, 153.08, 161.35, 166.01, 166.04, 166.05: An ordinance to repeal regulations on development in the City's planning area pursuant to Act 314 of 2025 by amending various sections of the Unified Development Code. City Attorney Kit Williams read the ordinance. Development Services Director Jonathan Curth explained he did not plan to go into detail of all the code changes but would be happy to do so if requested. He noted that Arkansas was one of the leading states in preempting local governments, frequently passing laws that limited local authority. He encouraged the City Council to keep that in mind as they approached future legislative sessions and interacted with state lawmakers. Until recently, state law allowed cities to set development standards in these areas to ensure orderly growth, prepare for potential annexation, and prevent negative impacts on city infrastructure such as water systems and streets. Although these areas were outside city limits, their traffic and service demands still affected the city. In the 2025 legislative session, House Bill 1510 eliminated the city's planning area authority and as a result, the city lost its ability to regulate subdivisions outside city limits. The item aligned local code with state law. It removed all references to the planning area, eliminated related definitions, and deleted processes for reviewing projects in those areas. He recommended approval and was available for questions. Council Member Turk and Jonathan clarified that there would still be collaboration between municipal boundaries to receive approval or reciprocating approval. Jonathan provided the example that many neighboring communities received their water from the City of Fayetteville and he felt that afforded an opportunity to encourage those communities to develop and work with Fayetteville's utility department in ways that would service both interests. Council Member Stafford verified that the ordinance would be bringing Fayetteville into compliance with state law. Jonathan stated staff ceased enforcing the standards, understanding the ordinance would be formally amended. Council Member Stafford believed Act 314 was brought forward by Chad Puryear, Republican State Representative, due to Fayetteville refusing to remove a road from the planning district. He felt it was punitive legislation but stated Fayetteville had to do what it had to do. Council Member Berna moved to suspend the rules and go to the third and final reading. Council Member Stafford seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 15 of 20 Council Member Moore thanked Jonathan for providing the history of the item. She felt it was unfortunate that a preemption happened, especially in a city like Fayetteville and so many across the state that were experiencing growth and needed collaboration. She wanted to encourage development in unincorporated areas and that the long term vision was to be a cohesive part of that community. She hoped for mindfulness when decisions came before the City Council to determine whether or not annex the property. Those considerations would not be taken lightly and she encouraged collaboration to take place proactively, even though the regulation was not in place. Mayor Rawn asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 6965 as Recorded in the office of the City Clerk 2026 City Council Rules of Order and Procedure: A resolution to adopt amended Rules of Order and Procedure of the Fayetteville City Council for 2026. Council Member Min. Jones stated that Subsection 7, A, 3 and D. 2 did not sit well with her when they came up during Agenda Session. She thanked Mayor Rawn for the proposed changes and the work staff put into the recommended changes. She wanted to be clear that was not in support of the 15 minute time limit rule change. She expressed concern about what it would mean for transparency and the public's ability to see their elected representatives fully engage in the process. Under the proposal, after staff and the applicant present, the City Council would have collectively 15 minutes total to ask clarifying questions within 8 members, averaging 1 minute and 30 seconds per member. She felt it was not a meaningful opportunity for due diligence, especially when dealing with complex items that impact neighbors, safety budgets and long term planning. She explained that limiting questions limited accountability. She worried the change would move the City Council closer to a process that prioritized speed over substance and control over conversation. She understood the intent was to keep meetings moving, but the solution to long meetings should not be constrained democratic engagement. She believed there would be a better approach that protected the public's interest, such as setting expectations, allowing structured rounds, requiring clear staff summaries and provided time guidelines per Council Member rather than an overall cap. As written, she could not support a rule that effectively compressed the City Council's oversight role into a 15 minute window. She strongly recommended the City Council keep their current rule in place and not adopt the change. Mayor Rawn then clarified that Council Member Min. Jones was proposing an amendment to remove the 15 minute time limit. Council Member Stafford seconded. Council Member Moore brought forward a point of information for City Attorney Kit Williams. City Attorney Kit Williams had sent a memo with potential cleanups and corrections to the Rules of Order and Procedure. She questioned if the City Council should amend to the version City Attorney Kit Williams had sent. City Attorney Kit Williams reviewed some of the format changes he had made and that he had drafted a modified proposal and hoped the City Council would initially amend to that, and then further amend from there. Council Member Moore then asked if the City Council would be okay to first amend to City Attorney Kit Williams presented Rules of Order 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 16 of 20 and Procedure and then make further amendments. City Clerk Treasurer Kara Paxton clarified the amendment did not include the removal of the 15 minute time limit. Council Member Moore moved to amend to replace the version of Rules of Order & Procedure in the Agenda Packet to the version presented by the City Attorney. Council Member Min. Jones seconded the motion. Upon roll call the motion passed unanimously. Council Member Stafford thanked Council Member Min. Jones for bringing forward her amendment. He believed it was the City Council's due diligence to ask questions. If they were not fully informed, they could not make informed decisions. He understood the concern for long meetings but stated there were other ways to shorten the meetings. He felt it was vitally important as a democratic body that they were allowed the proper time to ask questions. He would gladly second Council Member Min. Jones' amendment again. Mayor Rawn stated that Council Member Min. Jones would have to make her amendment again. Council Member Min. Jones and City Attorney Kit Williams discussed where in the amended version it mentioned it mentioned the 15 minute time limit. Council Member Min. Jones moved to amend time limit edits in Subsection 2 under 7e, Unfinished Business and New Business, strike language in A3 and D2. Council Member Berna then asked if procedurally the City Council would be amending item by item, prompting a motion for each or did they want to clean up the document with one motion after the document was agreed upon. Council Member Stafford stated that before he seconded Council Member Min. Jones' motion, he wanted to review the amendments brought forward as he only knew of a few. City Attorney Kit Williams stated it did not matter what order it was done in but he thought it ought to be done one at a time. Council Member Stafford seconded Council Member Min. Jones' amendment. Council Member Dr. Jones felt that questions that were being asked at both the Agenda Session and City Council meetings were redundant. He didn't think the 15 minute time limit was limiting anyone and questioned the purpose of the Agenda Session if all questions would be asked at the City Council meeting. The purpose of the Agenda Session was to ask questions and help move the City Council meeting along. Mayor Rawn clarified the 15 minute limit did not apply to Agenda Sessions. Council Member Dr. Jones commented that the City Council could use the Agenda Session to ask questions of staff members to have their concerns addressed. Council Member Wiederkehr appreciated Council Member Dr. Jones questions. He appreciated the administration bringing the time limit forward because it was an issue. A City Council meeting was a business meeting versus a political meeting and it was good to be reminded that a question should be concise and to the point, ending with the answers received. It was nice to know if someone was for or against something, but he thought that on occasion, the City Council had dabbled into making statements in their questions. The City Council needed the opportunity to give one another feedback after a City Council meeting, rather than waiting a whole year to do so. He did not like the idea of being constrained but wanted the City Council to be responsible to ask questions before they arrive to the City Council meeting. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 17 of 20 Council Member Bunch stated there were times that the City Council was its own worst enemy. She was all for making meetings more efficient, as that was a fair use of staff and the public's time. She felt there were members of the City Council that could use a more restraint when they made comments and pontificate on items. She stated it was unfortunate as some of the City Council Members tried to be more judicious with their time. She wasn't sure about the idea to vote `present' versus voting yes or no. She understood that some entities practiced that but didn't think it needed to be a part of Fayetteville's process. As representatives of the citizens, she felt she should be able to explain herself succinctly of why she did or did not support an item. She thought voting `present' added a level of something that was not needed. She felt the City Council needed be efficient and stated that at times the City Council went off topic and it wasn't fair to the citizens who attended meetings. All members of the City Council could do better and she felt they owed that to the citizens. She referenced a public comment that said she was the City Council Member who spoke the least but was interrupted the most. Council Member Turk thanked Mayor Rawn and her City Council Members. She acknowledged that everyone could always do better to improve themselves but felt that the City Council had down better than in years past. She understood there needed to be efficient meetings but she did not want to curtail discussion as some of the items were complex and new. She always asked questions in Agenda Session but new information could occur between the Agenda Session and the City Council meeting. She stated she did not review City Attorney Kit William's updated Rules of Order and Procedure and acknowledged her lack of preparation and specificity on some of the changes she would like to make. She would be fine with passing the version of Rules of Order and Procedure from 2025. Council Member Stafford addressed Council Member Dr. Jones statement on why all questions couldn't be asked at the Agenda Session. In his opinion, the reason why was because the City Council did not receive full presentations at Agenda Session and they did not hear from applicants. He wouldn't be able to ask questions based on information he didn't have. To address Council Member Bunch's' statement on voting `present' he explained that about every elected body other than the Fayetteville City Council had the right to vote `present'. He acknowledged that 3 City Council Members had abstained from voting or had the desire to abstain in the last two years. He felt it should be used very rarely and with great caution, stating there was legitimate cause for a government official to vote `present'. Council Member Berna did not care for voting `present'. He thought that if City Council Members interjected themselves into the conversation to form a decision, then they should vote yes or no. If a City Council Member wanted to abstain from conversation, that was their right and they could make that determination by disclosing the reasoning. He was not comfortable in saying that just because others practiced it that they should. He would not be in support of that change due to the responsibility to the citizens that if a City Council Member was to try to shape a vote by discussing, then they should vote yes or no. He also did not understand the change that it would take 3 City Council Members to pull an item off of the Consent Agenda at the Agenda Session but only 1 at the City Council meeting. If the change was to be made, it ought to be the same for both meetings. As far as the 15 minute time limit went, he felt that if a little change could be done to move items along, then that was appropriate and he was okay with it. He could 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 18 of 20 not support the voting `present' and he just had concern on removing items from the Consent Agenda. Council Member Moore appreciated the dialogue and felt it demonstrated a diverse set of viewpoints. She echoed Council Member Turk's comments on when looking at past meetings, the City Council had made adjustments and the meetings had improved substantially. She echoed Council Member Min. Jones' comments about the 15 minute time limit. She noted that some items required no questions while others required many, and she preferred keeping the process open to allow necessary back and forth rather than restricting discussion. She requested clarification on whether the updated Rules of Order and Procedure mentioned the requirement of 3 Council Members to approve removing an item from the Consent Agenda. She agreed with Council Member Berna that pulling an item off of the Consent Agenda should require the same about of Council Member approval at Agenda Session and the City Council Meeting. To her, consent meant everyone agreed. When pulling off an item from the Consent Agenda, she wanted to give staff plenty of time to prepare their presentation. She was open to feedback and hoped the City Council would leave their Consent Agenda requirements alone. She thanked her colleagues for the past year, acknowledging the efforts made at moving along the meeting. She felt that through the City Council being mindful and respectful, they wouldn't need to be overregulated. Mayor Rawn stated the version of the Rules and Procedure the City Council amended to did mention the requirement of 3 City Council Members to approve removing an item from the Consent Agenda. Council Member Moore asked that it be stricken that 3 were required, she wanted there to be 1 Council Member vote for both the Agenda Session and City Council meeting. Mayor Rawn reminded the City Council that Council Member Min. Jones' motion was still on the floor. Council Member Bunch noted that the City Council could vote to adopt the Rules of Order and Procedure used in 2025, after which all members could compile a list of proposed changes. She then asked Council Member Min. Jones if she was willing to allow for an all amendments motion or strictly individual. City Attorney Kit Williams thought that voting one at a time was better and went on to review Council Member Min. Jones motion. Council Member Bunch and Mayor Rawn then discussed the rule of presentations, she felt that some might view the 15 physical copy requirement of the presentation material prohibitive. Mayor Rawn stated that wasn't in the version the administration provided but she did understand the point being made. Council Member Dr. Jones questioned the purpose of voting `present'. Council Member Stafford provided an example of a time he abstained, which was his vote on a ceasefire agreement with Palestine. In his example, he felt morally he had one choice, which was to abstain as he thought the item was outside of the jurisdiction of the governing body. He was not afraid to speak on an item but felt voting `present' was something to be used rarely. Council Member Dr. Jones then questioned why there was a change to require 3 City Council Members to remove an item from the Consent Agenda. Mayor Rawn stated she did not remember as it was drafted in October with the expectation the City Council would love it, hate it or change it. Council Member Moore asked if the version of the Rules of Order and Procedure City Attorney Kit Williams provided removed information that was not relevant and if not, if they should move forward as is and remove it later. City Attorney Kit Williams reviewed the versions he had 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 19 of 20 forwarded to the City Council. Council Member Bunch then requested a redlined copy be provided to her. Council Member Min. Jones rescinded her motion on the 15 minute time limit. She motioned to pass the version of the Rules of Order and Procedure used in 2025. Council Member Moore seconded her motion. Mayor Rawn clarified the changes to the previous and current motions. The City Council received 1 public comment regarding this resolution. City Clerk Treasurer Kara Paxton took a moment to explain her amendment. She noted she had received many questions on how information from City Council Members, the public, and staff was facilitated. Mayor Rawn had wanted a transparent, consistent process so everyone understood the requirements. She expressed appreciation for working with Mayor Rawn, acknowledging the time and thought she put into drafting and revising the Rules of Order and Procedure based on comments from the past year. She then explained that her amendment had evolved from the initial version and hoped it could be included in future rules. Speakers were encouraged to email images for public comment to the agenda item comment email address, which automatically forwarded materials to the Mayor, City Council, and staff. Speakers planning to display presentation materials had to submit a PDF version by email or paper copy by 5 p.m. the day before the meeting so the files could be checked for malicious software and the material was shared across the board. Speakers who missed the deadline could bring 15 copies, or as many as possible, to the City Clerk Treasurer at the start of their comment for distribution. She clarified that the requirement was not strictly 15 copies and that materials should be provided before the speaker began to avoid confusion. She noted that she had received conflicting requests about when to place materials out and wanted the process to remain transparent and helpful. She appreciated the opportunity to explain the amendment. Council Member Min. Jones moved to pass the Rules of Order and Procedure used in 2025. Council Member Moore seconded the motion. Upon roll call the motion passed unanimously. Resolution 42-26 as recorded in the office of the City Clerk Mayor Rawn expressed hope that at some point the City Council would consider to amend to strike the reference to the Equipment Committee as the city no longer had one and to clean up other references that weren't in compliance with current rules. Announcements: Chief of Staff Keith Macedo announced that Emergency Manager Shane Wood was closely monitoring the upcoming weather event. There appeared to be a significant accumulation of snow Friday evening and Saturday morning. City staff was working hard to prepare for it. Transportation and Public Works was going to start pre -treating the roads early Thursday morning. Recycling and Trash commercial operations would be effected as residential services did not run on Friday or Saturday. Staff was trying to prepare for as best as possible. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City Council Meeting Minutes January 20, 2026 Page 20 of 20 City Council Agenda Session Presentations: None City Council Tour: Agenda Items B.3 & B.4 South Futrall Drive & South Root Avenue: Date & Time: January 16, 2026 at 3:30 PM Address: Unaddressed; meet at the north end of S. Root Avenue (see attached) Parking: On -street along N. Root Avenue; use of this fire lane -marked area was coordinated with the Fire Marshal Adjournment: 8:45 p.m. v: FAYETTEVILLE- 9 RKANSP Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayetteville-ar.gov City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, February 3, 2026 5:30 PM City Hall Room 219 City Council Members Council Member Robert B. Stafford Ward 1 Council Member Dr. D'Andre Jones Ward 1 Council Member Sarah Moore Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Scott Berna Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Min. Monique Jones Ward 4 Mayor Molly Rawn City Attorney Kit Williams City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 2 Meeting Information: 1. Webinar ID: 852 1092 8707 Public Registration Link: https://fayetteville-ar.zoom.us/webinar/ -AR.GOV Call to Order Roll Call Pledge of Allegiance Mayor' s Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items 1. Sales Tax & Monthly Financial Report - Chief Financial Officer Proposed Agenda Additions A. Consent A.1. Approval of the January 20, 2026 City Council Meeting Minutes A.2. NeoGov HR Software Maintenance Renewal: A.3. Hawkins-Weir Engineers, Inc. (Amendment No. 6): -Weir Engineers, Inc. in an amount not to A.4. Bid 25-54 OPW Commercial Services of Arkansas LLC (Fire Hydrant Painting): -54 and authorize a contract with OPW City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 3 B. Unfinished Business B.1. RZN 2025-0050 West Michael Cole Drive: An ordinance to rezone the property described in Rezoning Petition RZN 2025- -A, Residential-Agricultural to RI-12, Residential Intermediate, 12 , Conservation, Cultural, and Recreation subject to a (2025-2620) and C. New Business C.1. VAC 2025-0028 SW of West Cato Springs Road & South Emma Avenue: -25-28 for property located Southwest of West C.2. VAC 2025-0032 South School Avenue: -25-32 for property located at 902 South School C.3. RZN 2025-0066 North Double Springs Road: - -A, Residential-Agricultural to RI-12, Residential C.4. RZN 2025-0063 South Washington Avenue: - -U, Residential Intermediate- C.5. RZN 2025-0065 North Garland Avenue: - -4, Residential Single-Family, Four Units Per Acre to RI-U, City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 4 C.6. RZN 2025-0068 East Huntsville Road: An ordinance to rezone the property described in Rezoning Petition RZN 2025- -4, Residential Single-Family, Four Units Per Acre; RMF-24, -Family, 24 Units Per Acre; and C- C.7. RZN 2025-0064 North Addington Avenue: - -4, Residential Single-Family, Four Units Per Acre to RSF-18, -Family, 18 Units Per Acre, subject to a Bill of Assurance. C.8. RZN 2025-0062 North Rupple Road: - -1, Neighborhood Commercial; RSF-4, Residential Single-Family, Four -12, Residential Multi-Family, 12 Units Per Acre; and RSF- -Family, 8 Units Per Acre to CS, Community Services. C.9. PZD 2025-0005 North Crossover Road & East Zion Road: -2025-005 for C.10. Amendment to Food Commission Board Term Lengths: (2026-217) D. City Council Tour D.1. Agenda Item C.9: PZD 2025-0005 North Crossover Road & East Zion Road: Date & Time: February 2, 2026 at 3:30 PM Address: Unaddressed; meet at the Elks Club parking lot at 4444 N. Crossover Parking: Elks Club surface parking lot E. Announcements City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 5 F. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, appellant from a final decision of the Planning Commission or City Staff, etc.) may present its proposal only during this presentation period but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff’s presentation and an Applicant’s presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. Public Comments: Public comment at a City Council meeting shall be allowed on all items of unfinished and new business and subjects of public hearings. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. Speakers present in the City Council Chambers shall be recognized before speakers participating by electronic means. Speakers shall be limited to a maximum of three (3) minutes to discuss the agenda item or amendment being considered by the City Council. The City Council may allow a speaker additional time by unanimous consent or majority vote. As part of a person’s public comments allowed above, the speaker may use electronic visual aids during their three (3) minutes presentation period concerning the agenda item being considered by the City Council. City Council Meeting Final Agenda February 3, 2026 City of Fayetteville, Arkansas page 6 utmost courtesy and respect to each other at all times. All shall refrain from comments that are harassing or amount to a personal attack against any identifiable individual including abusive comments and derogatory remarks about integrity or offer any other comments that are also not limited to the discussion of the specific agenda item being considered by the City Council. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Cell Phones and Pagers: Cell phones must be turned off or put in silent mode and not used within the City Council Chambers during City Council meetings. Pagers must be turned off or put in silent mode within the City Council Chambers during City Council meetings. These restrictions also apply during Agenda Sessions. Smoking Prohibited: There will be no smoking allowed in the City Council Chambers during City Council meetings. Interpreters or Telecommunications Devices for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-129 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Brad Fulmer, IT Director SUBJECT: Approval of an annual maintenance renewal for NeoGov’s applicant tracking, performance evaluation, position control, and onboarding software. RECOMMENDATION: Staff Approval of an annual maintenance renewal for NeoGov’s Applicant Tracking, Performance Evaluation, Position Control, and Onboarding software. BACKGROUND: The City initially contracted with NeoGov, in 2010 for applicant tracking. Over the years the City added multiple NeoGov modules including Job Performance Evaluation, Position Control, Onboarding, and most recently its Learning Management System (LMS). DISCUSSION: Per the existing service agreement, NeoGov can request increases in annual maintenance each September that both parties shall in good faith decide whether and under what terms to renew for the following calendar year. The 2026 renewal is for $65,419.19. BUDGET/STAFF IMPACT: The attached renewal in the amount of $65,419.19 was budgeted in the General Fund under the Human Resources software maintenance account. ATTACHMENTS: 3. Staff Review Form, 4. Invoice for Fayetteville City of (AR), 5. Supporting Documentation - 215-17 Resolution, 6. Supporting Documentation - 15-19 Resolution Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-129 A RESOLUTION TO APPROVE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE FROM NEOGOV FOR 2026 IN THE AMOUNT OF $65,419.19 WHEREAS, the City initially contracted with NeoGov in 2010 for applicant tracking and has added multiple modules over the years including Job Performance Evaluation, Position Control, Onboarding, and Learning Management System; and WHEREAS, per the existing service agreement, NeoGov can request increases in annual maintenance and both parties will negotiate the terms of renewal for the following calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the purchase of annual software maintenance for 2026 from NeoGov in the amount of $65,419.19. 1/20/2026 Submitted Date Yes 98,416.00$ 65,419.19$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget 98,416.00$ ‐$ Yes No ‐$ 32,996.81$ Project Number Budget Impact: Fund General Fund1010.120.1220‐5416.00 Account Number Project Title City of Fayetteville Staff Review Form 2026‐129 Item ID 1/20/2026 City Council Meeting Date ‐ Agenda Item Only Approval of an annual maintenance renewal in the amount of $65,419.19 for NeoGov’s Applicant Tracking, Performance Evaluation, Position Control, and Onboarding software. N/A for Non‐Agenda Item Action Recommendation: Submitted By Keith Macedo CHIEF OF STAFF (070) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution #215‐17, 15‐19 Approval Date: Original Contract Number: INVOICE Vendor Information / Contact:Invoice Summary: 2120 Park Pl, Suite 100 El Segundo, CA 90245 Invoice No.:INV-148645 Email: billing@neogov.net Phone: (310) 426-6304 EIN: 33-0888748 Invoice Date: Due Date: 11-05-2025 01-04-2026 Need a W-9? Click here: W-9 PDF Payment Terms:Net 60 Purchase Order No.: Customer No.:A-659493 Customer Billing Information Customer Shipping Information Keith Macedo Fayetteville, City of (AR) 113 W. Mountain Fayetteville, AR 72701 United States Fayetteville, City of (AR) 113 W. Mountain Fayetteville, AR 72701 USA Invoice Details: Product Start Date End Date Quantity Total Price ($USD) Candidate Text Messaging Subscription 01-01-2026 12-31-2026 610 $1,716.51 Insight Subscription 01-01-2026 12-31-2026 610 $17,036.52 New Hire Export Subscription (ON)01-01-2026 12-31-2026 610 $2,097.67 Onboard Subscription 01-01-2026 12-31-2026 610 $19,422.58 Perform Subscription 01-01-2026 12-31-2026 610 $20,950.57 Position Control Integration 01-01-2026 12-31-2026 1 $4,195.34 SUBTOTAL ($USD) $65,419.19 Sales Tax $0.00 TOTAL $65,419.19 Payments $0.00 Credits $0.00 Balance Due ($USD)$65,419.19 Payment Instructions: Remit checks to: Governmentjobs.com, Inc. DEPT LA 25067 Pasadena, CA 91185-5067 Remit electronic payments to: Silicon Valley Bank Name: Governmentjobs.com, Inc. Account #: 3302022848 Routing #: 121140399 Swift Code: SVBUS6SIBO Credit card payments: Credit Card Payment Portal Link By making the payment specified in this invoice, customer agrees that the terms and conditions of the agreement previously executed by the parties shall apply to this purchase, or if there is no prior agreement, the terms and conditions of the NEOGOV Services Agreement set forth in the quote previously provided to Customer shall apply. Any other terms and conditions provided by customer to NEOGOV in a purchase order or otherwise shall be deemed void. 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 215-17 File Number: 2017-0571 NEOGOV, INC. AMENDMENT: A RESOLUTION TO APPROVE AN AMENDMENT TO THE 2010 AND 2013 SERVICE AGREEMENTS WITH NEOGOV, INC. IN THE AMOUNT OF $23,530.50 FOR THE RENEWAL OF APPLICANT TRACKING AND PERFORMANCE EVALUATION SOFTWARE LICENSES THROUGH DECEMBER 15, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the 2010 and 2013 service agreements with NEOGOV, Inc. in the amount of $23,530.50 for the renewal of applicant tracking and performance evaluation software licenses through December 15, 2018. PASSED and APPROVED on 10/17/2017 Attest: Sondra E. Smith, City Clerk Treasurer t trsrrrrr A 1Eliti11[; f f +risisi *' 4• Page 1 Printed on 10/18/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Text File File Number: 2017-0571 Agenda Date: 10/17/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 NEOGOV, INC. AMENDMENT: A RESOLUTION TO APPROVE AN AMENDMENT TO THE 2010 AND 2013 SERVICE AGREEMENTS WITH NEOGOV, INC. IN THE AMOUNT OF $23,530.50 FOR THE RENEWAL OF APPLICANT TRACKING AND PERFORMANCE EVALUATION SOFTWARE LICENSES THROUGH DECEMBER 15, 2018 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves an amendment to the 2010 and 2013 service agreements with NEOGOV, Inc. in the amount of $23,530.50 for the renewal of applicant tracking and performance evaluation software licenses through December 15, 2018. City of Fayetteville, Arkansas Page 1 Printed on 10/18/2017 Keith Macedo Submitted By City of Fayetteville Staff Review Form 20170571 Legistar File ID 10/17/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/28/2017 Information Technology/ Chief of Staff Submitted Date Division / Department Action Recommendation: Staff recommends approving the attached NeoGov applicant tracking and performance evaluation software maintenance renewal amendment in the amount of $23,530.50. The attached software renewal form provides annual support for our existing NeoGov software. 1010.120.1220-5315.00 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget General Fund Fund Project Title Approval Date: 44,400.00 3,765.00 40,635.00] 23,530.50 17,104.50 V20140710 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 17, 2017 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Brenda Reed, Director of Human Resources CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: September 25, 2017 SUBJECT: NeoGov Applicant Tracking and Performance Evaluation Software Maintenance Renewal Amendment RECOMMENDATION: Staff recommends approving the attached NeoGov applicant tracking and performance evaluation software maintenance renewal amendment in the amount of $23,530.50. The attached software renewal form provides annual support for our existing NeoGov software. BACKGROUND: The City initially contracted with NeoGov,- on December 16, 2010, to provide applicant tracking and online job posting software in the amount of $7,000.00 per year. The City added NeoGov's job performance evaluation software, in the amount of $12,000.00 per year, on December 20, 2013. Both of these contracts were administratively approved since the total cost of the annual contract was less than $20,000.00. Since 2013 the City has paid NeoGov $19,000.00 per year for their applicant tracking, online job posting, and performance evaluation software. Although NeoGov's 2010 and 2013 service agreement contracts both contained price increase clauses per service agreement, NeoGov did not increase their prices until 2017. DISCUSSION: The attached renewal is subject to the terms within the existing service agreement contracts and quotes a new renewal rate, in the amount of $23,530.50. Per the existing service agreements, NeoGov can request an increase in annual maintenance, which is capped per service agreement term. Staff reviewed the increase in annual maintenance, contained within the attached renewal form, and verified it falls within the service agreement terms. BUDGET/STAFF IMPACT: Staff recommends approving the NeoGov applicant tracking and performance evaluation software renewal amendment in the amount of $23,530.50, with a 5% escalation per service agreement term, as documented in the service agreements. Annual software maintenance for NeoGov is funded within the General Fund Human Resources division operating budget. Attachments: Staff Review Form, Staff Review Memo, Renewal Form, NeoGov Service Agreements Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Amendment 1 Customer: EXHIBIT A — RENEWAL FORM Bill To: Fayetteville. City of (AR) 2017-2018 Pain Ferguson 113 W. Mountain License Subscription & Maintenance (10% Discount) Fayetteville, City of(AR) F_ ayettville AR 72701 113 W. Mountain 12,600.00 Fayettville AR 72701 Phone: Email: pferguson@fayetteville-ar.gov Qnot,e Date: 7/11/2017 Revision: 1 Valid From: N/A Valid To: N/A Order Number: Requested Service Date: Initial Term: 12/16/2017 to 12/15/2018 TBD Order 5urnmary NOTE: The following discounts are available if the contract is pre -paid for the specified number of years: 2 year = 4% discount, 3 year = 6% discount, 4 years = 8% discount, 5 years = 10% off your ongoing annual license Item - 2017-2018 Insight Software License License Subscription & Maintenance (10% Discount) 10,930.50 Performance Evaluation Software License License Subscription & Maintenance 12,600.00 Total 23,530.50 Included with License Unlimited Customer Support M — F, 6:00 AM — 6:00 PM PT Product Upgrades to Licensed Software NEOGOV, Inc. Proprietary and Confidential Amendment 1 Order Detail Note: Items designated as Not Applicable (N/A, NA) on the Summary form are not included. Customers may request a quote for these services at their discretion through the term of this contract. 1.0 Insight Enterprise (IN) License Subscription to NEOGOV IN The Customer's subscription to the Insight platform includes the following functionality: Recruitment Online job application Online job announcements and descriptions Automatic online job interest cards Recruitment and examination planning Selection Configurable supplemental questions Define unique scoring plans Test analysis and pass -point setting Score, rank, and refer applicants Applicant Tracking Email and hardcopy notifications EEO Data collection and reports Track applicants by step/hurdle Schedule written, oral, and other exams Candidate Self -Service Portal for scheduling and application status Reporting and Analysis 90 standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions for approval Certification/eligible lists 2.0 GovernmentJobs.com Job Posting Subscription NA GJC) License Subscription Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website. May add an unlimited number of postings Note: jobs advertised on the promotional and transfer webpage's are not advertised on GovernmentJobs.com as these are typically for internal employees. NEOGOV, Inc. Proprietary and Confidential 2 Amendment 1 3.0 NEOGOV Perform (PE) License Subscription to NEOGOV PE The annual license for the NEOGOV Performance Evaluations Software includes the following: Configurable Performance Evaluations Goal Library Shareable Competency Content Development Plans Configurable Process Workflows Ability to build Content sections for re -use Configurable Rating Scales Ability to build Library of Writing Assistants 360 Reviews Configurable Email Notifications Automatic Evaluation Creation Ability to perform actions in bulk for Employees & Evaluations 4.0 NEOGOV Onboarding (ON) NA License Subscription to NEOGOV ON Electronic Employee File W4 19 Configurable Workflow Task Manager Employee data upload Attachments Build your own Onboarding forms* NEOGOV ON includes 19 and W4 standard forms that are updated by NEOGOV. Additional forms or form maintenance is available by NEOGOV Professional services at the following cost: Background forms $295 per form Dynamic Forms $195 per form Updates to existing forms $200 an hour 5.0 NEOGOV Integrations NA NEOGOV offers Standard Integrations as well as platform APIs for 3rd party system integration(s). Standard Integrations include: Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings Annual Maintenance By NEOGOV Note: NEOGOV APIs are to be configured directly by Customer staff using NEOGOV documentation. If required, Professional Services may be included by NEOGOV to help define and validate scope, business requirements, timelines, and associated costs (if applicable). NEOGOV, Inc. Proprietary and Confidential 3 Amendment 1 6.0 NEOGOV Services NA Setup and Provisioning The following activities are conducted as part of the NEOGOV implementation: Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations. NEOGOV will establish the Customer's production environment Training NEOGOV training is available online (web -based, pre -built, content) unless otherwise proposed as included in the Order Form. All customers have full access to the demo/training environment setup for Insight. NEOGOV's pre -built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by the staff following training to conduct day-to-day activities. The pre -built, online training includes exercises that are designed to be flexible enough to allow Customer led training sessions internally to introduce user -specific requirements and processes for staff to learn the system as closely as possible to the customer's actual recruitment processes after go -live. NEOGOV, Inc. Proprietary and Confidential 4 Addendum 1 Order Form Terms and Conditions: 1) The Customer hereby orders and GovernmentJobs.com, Inc. (d/b/a NEOGOV, Inc., hereafter NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule is as follows: Provide all required software and licenses One hundred percent (100%) of the annual license price is payable within thirty (30) days of Customer receipt of invoice. Software Provisioning One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. N/A Training One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. N/A 3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. 4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer NEOGOV, Inc. f Signature: Signature: _ Print Nam Print Name: John Onss Title: Title: -Einanra Date:- -j Date: 9/21/2017 _ NEOGOV, Inc. Proprietary and Confidential Addendum 1 NEOGOV, Inc - Proprietary and Confidential City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only Missy LOW Human Resources Submitted By Division - Action Required_ Finance & Internal Services Department The attached contract is for the City to purchase software that would enable jab applicants to apply for jobs online. The increased efficiencies associated with this are part of the HR Strategic Plan endorsed by the Administration. 12.000 Cost of this request 1010.1220.5209.00 Ao/iount Numbar Project Plumber Budgated Item Catspory ? Projaci Budget Funds Used to Rate RemairLiriy Balance Budget Adjustment Attached C Job AppRcant 5oftware Program Category J Project Name Procjrarrr i Projno Category Nama General Fund Fund Name Previous Ordinance or Resoluflon #t Department- Dimctcr — -- date r Original Controct Dake: Original Gnntrart Nun3ber: City-Atte./ Da to Finance and Internai Services Diredor Date Received In City P03,22 RCVD G'lerk's Office a % R. D F Chief of S Date RQCeiya(1 in Mayor's Office hda} r L atfi Commerts: - Revised January 15, 2009 Service AlZrevrnenf T`TY s CJ'ST-I,Tl+1=+: '."'VTC".b:S A.4 1"+i"L;k:l1'LN.:N'1' tLfsiY'`_A r.ti'nz nE'] i rrradc xud c rtc-r;_ci into this _ . ds3}• of 2010, by and bctivu;cn Governmentdobsr.tom, Inc.. x Czlifomia corporation (cVbra 11r-)GOV-- j, and the. City of Fayetteville, ArkarisaK a public Lrifity acting by and through its duly appointed representative (`:Citsromer")- 1. Provision of Undine Services - a) C w;torrier hcruby cugagcs NF.00TOV, grid NFOGOV hereby agrees {subject to the terms and condirians set forth hcrrin}, to pni.i(ic the SeitiiCzs (the "Services") snore hilly described in this Agreement and in -XhiJsi A Order 1-(jrm). C.ustom4.'r htircby acicuciwledges and ages that NFOGOV's provision acid performance of rhe 5cxviucsc i4 dependent and conditioned upon Customer's full perforinance of its dhlties, obligations wid rc L,ponxihiliti;ns ficrcunder- 3_ Additi€inal NROGO 1! Iesperrrslibiklhio In connection with the perfortuame of this Agreemein, NFOGOV shall he re4ponsible for the follo-Mxig; a) NEOUOV shall provide all required hosting and operations support for the applications provided through this b) `EOGOV shall foll(na those support, maintenance and other procedures ;md shall provide those support. maintenance aild other services to t:ustu)rncr more fully dcscrihcd in this Agrrccment- i, Customer kesponsibifJrles_ In conlicTii n with the perfornlance of this Agrccmcnt and the provision of the Serrrioes, Customer shall be responsible for the following= a) Customer shall be responsible for emquring that CLLSIUMUCS use Of the Services and the peifonnance of Customer's other- obligations hereunder comply with all laWsapplicable- to Cl.rstomer- b) CusEomer shall lie responsible, as betweetai NEOGOV and Chistoiner, for the accuracy and c-Unipfctcnu;s:u of all records and datribases ])rovided by CI>stomer in connection wide this Agree iettt for use on NLOGO V's 4ye*,ni. 4- Ownership, Protection aird Sccrrri. a) Owncrship cif any }graphics_ text, data i?r other information or content nnatarials and all records and databases pliud or furnished hy C',ustomcr liereunder for iucotpora6on ixitn or delivery Through the applicarion(s) described in this agi-ccrncnt xhall remain with C;wtonier, and NFOCTO`ir sliall cease Ilse of all such material UP011 teririi.rtatiou of this dgrccrncnt- b) Cuglurnt'~r 1Loknf)wlu:dgcs and agrccx that nothing in this Agreement or any otlier agrecinetit 2n, ass (,imofner atiy lice-iises ur uthc7 riALst with rc ylxct to NFOOOV`s software systcin (-"Our-ce code or ohlect code) other than the right to mccive Serviceq as cxpnrssly pnroidcd licr in. NFO TOV ,ball retain all owrlersbip iu the hilellectual q perry and all usher pmprieLary right~ and interests associatul ,nits NF'OGOV's software systein and Senioes anal all coniponcnt3 thcruof and as4ociatcd documentation Except w. expressly provided herein. c) 11JEOGO V lganls Lu Cugloincr a limited liecn%c (luring the terin of this Agreement to use and reproduce NLOGOV's trademarks and logos for pwJ)nses of -including such trademarks and logos iuh adv'eiiising and publicity materials mid links xolcly ax pcmiittvd hereunder. All rues of such traderna&s and logos shall conform to Custonler'st ,standard "Uidclinc% and requirennents 1 -or use of such trademarks and kigos. NEOGCV, Inc;. Proprietary and Conficleritial Wage 1 of 8 5, VF,OGf)'V R.earesentaNunx and Warrantieii a) Service Ferformance Warva ly. NEOGOV ivarrai7ts that it uill perform the Services in a manni_r uon`3iAcTiL with industry standards i-pasanably aplalicable to the performance thcruof. b) Ano Ofd+er ;Vatraniy, EXCEPT FOR TIIE' E12RESS WARRANTIES SFT FORTH JN THIS SECTION 5, TIAL: SERVICr'S ARE PROVIDED ON AN"AS IS" BASIS, AND CC;STt71vlFR°S USF. OF THE 9FRV10ES TS AT ITS OWN RISK. NEOGOV DOES NOT NL4KE, AND IIEREBY DISCLAIMS; ANY A1\7D AT.L OTFTFR EXP1tE:SS AND. -'OR M4PLIL.D WAPRANITL.S, INC'LTJUTNG, BUT NOT LIN11TED TO, WARRANTR.F.,S OF MLP.CAANTADILI IY, FITNESS FOR A PARTICULAR PURPOSE, NO NWER. NC*F_.14ITNT ANT) TTTTTF RNT17 ANY WARILkNII S ARISENG FROM A C'OUILSE OF UEALIN(3, USAGE, oR TRADE PR.ACTICF- I',il OGOV DOLti N0i' WARR—kN--T'111A:T 141 SERWCES WILL BE UNTNT)I RUPTED, E,RWFi Fl-tFF, Ori COMFLE.`I'ELY SECUI;L. c) Dh c'lain3er of Actions Cazi.ved FJV and,'3r t)f dur the C'onlrol of Thin[ Parlies- NEOGOV DOES NOT AND CAN -NOT CO'-,'qT C)L THE FLOW 01' UAIA TO OR FROM TIIE NEOGOV SYSTEM ANT) OTHEk? PORTIONS 01" TeL, INT RN`E- . SUCR FLOW DEPENDS IN LARGE PART ON TIIE PERFOR1IANCF OF 1N"FERNI: t' SERVICES PROVDAL t OR CON fROLLEU BY TIII D PARTIES, AT TLb1ES, ACTIONS OR INACTIONS OP SUC1i TA RD 1'Ak'ITES G I INEPAIR OR DISRUPT CUSTOMERSS CONNECT70NS TO THE 1NTERN-Ef (Ol: PORTION'S TAL-RL01). ALTI-IOUGII NEOGOV WiLS, USE CONIMERCIALLY RE.ASONAL3LE 1 f:PPOKI S TO TA1CL ALL AC'110 S 1T DEE'MS APPROPRIATE: TO REMEDY AND AVOID SUCH EVENTS, I\Tl c rV CANNOT GU-.-UCANTEE THAT SUCH EVENTS WT.r. NOT OCCUR- ACC.C)RDINC;LY, NEOGOOV DISCLAIMS ANY AND ALL LIABILITY R.F,SLI .TINCi FIR ON1 OR RF.J.ATFD To SUCH EVENTS. 6. Pitblietty. Following execution of this Agreenrelit, the parties hemro may issue a Lre&s release, the -ffiml and substance of whirb sball be mutually agreeable to the parities, anuauncing the rclationship urcated by thi.4 Agreeineitt- Except as expressly a;gntzrilpiated herein neither psmy shall i4suc any additional press release v.hich mentions thl ! other party or the transactions contemplatcd by this Agrocincni w'idiolit Lhc Prior 3on3enL cif Lhc rather patty, vrhich con, ent Shall not be, unreasonably vathllcla Npndisr'1omure- nrough cxureiw of each party's nghts Luldur this tlOr:,• MIL, each parLy play be cxp;xsed LGJ thc: tato party'.4 lcclulical, linamcial, bLNincSs, mar1cling, phuming mud ocher information and data, in ` .ritten, oral, elcctToniu, nlagnutic, phoingraphic andlor ULh9r forrrrs, ilicludiikg but not linlired to (i) oral incl w1ittetl cortlnnnlications oaf One party wiLh thc uMctrn imd SLmff Of the r_1diltr parry whicll sire 11tark4mi or identified as confidential Or SCCTOL Ur .;Hnilirly marked or 1dencified and (Er) other CointnuvioNicins w-Mch a reasonable ptrson WOLIld horn the surruundimg 1LCtS and ciictulsianots co be c:Onfidenrial or secret ("Conftclealtial lnfoniiation") and trade secrets, In recognifion of Che other party's need co protect its logitimmte business interests, each party hereby c_:ut-.,mmnts and mgrvas rhmt is shalt r-,prd and Frear each iters of iformatioii or dart con.stituth),g a irade ,,,c:ret or Confidential information of the other piu'ry as striotly confidential and wholly ,,,,arleci by su;:h other party amd Lhmt it WW icor, 54itholtt the express prior writr-•til consent of The rather parity or except its xaquired by law iruilLtding the l rttdorn of Information Act of the State of Arkansas, redistribute. market. pilbli.sh, disclose or divulge to any other person, first or entity, or as`, or tnodifv for use, direcrly or indivectly iii ani,' way f_or any per -sou of c-iidry': (i) any of the other partyls Confid.aidif Inforination (hiring the tevai of Ibis and for a pewRJ of- tlu-ee (_) rr-ars after the termination of this Agr-eeruent or, if later, frotn the la3t date Services (includhig .iny V Irr 7nty work) are performed by elle disc1osfiib- parr;: hereunder; and (ii) any of the oth.er. pairW,3 trade secrets at array lime dLrring 'A'hi0h such inforinarion shall constitute a trade secret under applicable. la i. S. Liabilitc, Litnitatiom. a) If pronipcty noLifred in +A-Titing of any ac6ori brovighr icphisi C.1-istUme!' based on a iflairni that Nit c,0 's Services infringe- a LlniLed SLmfes pmLeut, c-opyriglit of trade mark right of a rinrd party (except to the extent such claim or nifiing=enl rclalcx to any Lhird party wftwart. incorporated irllo NLOGOV--s mpplicacions), NEOGOV will dcfciui .ruck ac -firm at its cxpcnr,c and will pay any and all fccs, co3t5 fir danm-a that n11Ly be finmlly WINmrde-d 1T1 SlWh NEOGOV, Inc_ Proprietary and Confidentini Pali; 2 of 8 action or any sertlerileslt resulullg firoru such action (Provided that Cnstoraer shall psrinit VFC)(.iC)V to control the defe'n-'se of such action and shall not make, any conlpfornise, adrowsion of liability or ettletr7ent or take xny otlrer action iinpairing the defense. of such claim without NEOGOV's prior wrirten a.ppro;gal), b) Customer acknowledges arid agrees: (i) that NEOGCIV leas no proprietary, financial, or oCller imerest in illy goods or services thst play be described in or offered rllrough Customer's '.,,err site; and (ii) that except with respeu to an.f Material supplied by N-LOGOV, C'ustorner is solely responsible (as between _,1r.0G0V and Cuslatller) for the cotltcnt, sllralky, perfurnlance, and all other a:Lpeets of the goods or services and die. information or other content Contained in or pro vidcd Lhiuu l CJu3Lunxx'S wch :siLt_. c) 01-HER THAN THOSE WARR1iNTIES EXPRESSLY SE-1 FORTH 1N TEAS AGR1E11'LFN.I., NFC}GOV DOES NOT l4T.A". ANY WARRANTTFS TO CUSTOMERR OR ANY OTHER PFR5Olti OR ENTITY, J+.ITTTFR. EXPRESS OR TMPLTFD (TNCLUDING, VVFTH01-JT T.TVIITATION, ANY WARRANTIES OF 14' lERClHr;iNTABI1_, TY OR k'1'INESS FOR A PARTTC'U AR PTlRPOSF) WITH RESPFCI' TO TITF ,SERVICES PROVIDER IIEREUN FR. NFOGOV SHALL NOT RF LIABLE TO CUSTOMERMER OR TO ANS' OTHRR PERSON 012 RNT'iTY, UNDER ANY CIRCUMSTANCE OR DUF TO ANY F.VFNT '4tiHATSOFVFR, MR CCINSFQUFNTTAL OR TNDIRFC'T DANIAGES, INCLUDING, WFTHC}TJT T.TIV FrATJON, LOSS OF P-ROFM LOSS OF USE OR BIJSTNESS STOPPAC'.F. d) Under no circum-.win=s shill N EOC3OW4 total liability La CLrstUmtr OF any other perssm, ragsirdless of the naturr, of (hc claim or form of action (whcthcr arising in contract, Lort, AricL liability or otftenvise), excttd C= iavermnentjobs_com lr o. s Certifrotrle sof IWLLrrince and NEOGOV has agreed to mune Cusrorner as in insured on said liability ivislirauce per attached l:xlubil "A" provided by 1tiL.OGOV, prMded, however that the foregoing linliul dons set forth in this 5eatiou 8(d) shall nol apply to actions brought under 8(a) abovo or to any irljury ro persotis or damages to properly arising out of NL.UGOV's gross negligmc;e or vvillfill, -Mss n s-,onduc-t_ 4, Tont. and T'criubiation. a) TU9 Agreemeat shall corzullence as of January 1, 2011 and ioinain in e,06v for nvehe.. (12) rx,onths unless terininate,d by either party as set forth herein (" blitial Tertn" ). b) This Agvret nment may be re-no ed for additional terms ("Reneical Teim') equal in duration to the Tnitial Term provids;d C'wtomcr notifies NFOC70V at lea.%t thirty (30) days prior to thc: cnd of tho Initial Teri or a Rctacwal Tenn it ix anticipated that the parties shall in grand faith corninence activc dl!{ usLdom each September conecrning whether and under what terms to renew frtr the following caTcndar year. e) NF,0G0v rcticrvcs the. right to tr rininatc this Agroument imrncdiaLc:ly if the Scrviecs pra•.,icicd 1-creundcr 1- tucame illcgral or contrary to any applicable. ]avv, tutc, regulation arpubhe policy_ Each party tihall have the right to LerrrunaLc this Agrecuumt upon Sixty (tit.)) clad+ prior wrium nonce. to Lhc olFer party_ d) 'Xithin Sixty (60) days of notification of turnli-nation of this Al TccmcnL N1=OGOV shAf piu idr: Customer with a dcdiutttd data file: SuiLable for impartation into cornmcrcially available databa=L. sUl(warc: fc_g„ NIS-¢c:!u-,i4 or 1415-SQL) Thc: dtdicatcd data filo will bu compriscd of C:Lusloniur's data contained in Nl':06OV':, vvsLLrn. The structure of idre relatiou:tl database will be specific to Lire Custorrrer 5 d_ua arra Will riot be represenlrrlive of lbe proprietary NEOUOV datstbase. _'J1lOGOt+ shall likewise re.furrd CUSlUrller its pro-ral& share of pre-pay-Fmnut by Customer fur Lvxelv;; (12) morrLbs of -. rvit andfar mainlumurtc ftvs or any other anrounLy pre-piiid by Custonrer La NEOGO . lel_ P.11-y en4v_ a) lniiial Ie?m. S= E,,,hibit A (0rcicr Fvvm). fh) Renrnval Terme vs . For cath Renewal Tom,, Y1F()(r()V will continue to pirrrido: CLrstomcr %mith the Scrvixs, and vill pro idc. maintenance and ,,nuptyrt. gervices as dezeribed herein, provided Cummer NLus}s a purcl,aase ordt,r or MEOGOV, Inc_ Proprietary and Confidential Page 3 of 8 niodifieanan to [his Agreernenl and pays NhOGOV in advance the annual 1ccurring cllatges then in etferm Tf there is an Liorea8, in annual maintenance and ;support charges, NFOCTOV ,,11211 give. Cixstonwr wiiteu notice of such increusr gal lCasi thirty (3 0) days prior to the expiration of the appl ir,3l)l - terllx, 1 I- Puree l aj: ure- NF.OGOV ,hall t1c1t he liable tar any d"11113r2S rust;, expeases Of otlles cc mcquences incunvd by Customer or by any other person or entity as a result of delay hl or inability to deliver any Sarvices due to cirtulnstanecs or events beycnd N-FOGOV"5 .reasonable cowrol, including, Mthcut limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, Mile, regulation or ordinance; (iii) strikts, lockotas Or Other ffthor problems; (iv) tr nspomirion delays; (4) unavailability of supplies or toaterials; {vi) fire Or expla ion; (vii) riot, military action or usurped power: or (viii) aCtiojis or fallvrds To act on the parr of a governmental authority other than Cutitortier. 12. Miscellaaeons. Either part , may not assign its riglus or obligations under this Agreement Without [hc prior writwji consent of file other patTy. This Agreement niiy nut b, modified or amended (and nO rights he rc;under may be v,aii-T) except through a wrirten instiument signed by the par[y to be bound. 'This Agreement constitute.-, the entire ago-:ement between the patties wiih respect to die subjecr +natter Hereof iuid shall be govemed by and coicgtrued in accordance with the laws of the State of Arkansas, viithottt giving effect to conflict of law mlus. Customer acknowledges and agrees that this Agreement is not intended to b, and shall nor be cunstruvd to he a fi,aucbiw or business opport mitt' IN WITNESS 4'VWRF.-OF; the parties have caused this Agreement to be executed by- rhear respwiive duly authorized of3iccn ay of the date ie# forth above - Customer sipa(trre Pririr Nat= Fide: II loi 1.L j FIN, M ybr: CovernmcntJobKconi, Inc., a Calif6rrrin corporation Signature; 1'riat x ramie: Titl e: Date: IV[ t - N EOGOV, Inc, Proprietary and Confidential Paye 4 of 8 Order Form Cusftmn cr: EXIUBIT A — ORDER FORM Bill 1,0: Order Summ Attention To -- Address: Phone: v AQ3 Quote Date: 1116.`2010 Revisiow I Valid From: 2! 1612010 51000100 Valid To: Todmy glus 3U day.i Order Nuivil)ev Re nested Service Date: TBD Iniflal Terav, 12 montb Order Summ detailed dimoriptiogs of di.- scrviceS are orm(ained in Lhc order dcIail fur C.-uuh.,.crviuc. u- ch are incoijun-ated herejo and made a para herer)f jact. wthzsrof re NEOGOV. Inc. Proprietary and Confideritia.1 Page 5 of 8 Iz. N. v 1.0 hisip ht E-humvise Ld ftion 1.1 Submcrinfinn License 7I000,00 1.2 PfovisloiliIIL, 51000100 Included Goverammflobsocom Ammil T-icemst *00tional X99 Sub Total: 7,000.00 1 SS 0 0. 0 0 L detailed dimoriptiogs of di.- scrviceS are orm(ained in Lhc order dcIail fur C.-uuh.,.crviuc. u- ch are incoijun-ated herejo and made a para herer)f jact. wthzsrof re NEOGOV. Inc. Proprietary and Confideritia.1 Page 5 of 8 Order Form Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer's subscription to the Insight Hiring Management Software inciudes the following functionality: Recruitment Customized online job application Accept job applications online Online applications integration with current agency website Online job announoements and descriptions IP Automatic online job interest cards Proactively search your applicant database Real-time database of all applicant information Recruitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item bank Screen applicants autornatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in TMS) Conduct item analysis Test processing (automatically input Scantron test data sheets)` Test analysis and pass -point setting Score, rank, and refer applicants Applicant Tracking - Email and hardcopy notifications EEO Data collection and reports Track applicants by stepfhurdle Schedule written, oral, and other exams Detailed applicant history record Skills tracking and matching Reporting and Analysis Cotlect and report on EEO data Analyze and report on adverse impact and applicant flow Track and analyze data such as tirne-to-hire, recruitment costs, staff workload, applicant quality, etc. Over 8Q standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions Refer and certify =applicants electronically Scan paper application materials Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A ORDER FORM NEOGOV, Inc_ Proprietary and Confidential Page 6 of 8 Order Form Additionally, during the term of the subscription, the Customer will be provided: Unlimited Customer Support ($:00 AM — 6:00 PM PT) Customer Support shall be provided to the Custorner both on-line and by telephone Monday — Friday, 6.00 AM — 6:00 PM PT (excluding NEOGOV holidays). Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package. Product upgrades are automatic and available upon the next login following a product upgrade rollout. Product upgrade rollouts are generally released every three months. 9.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations NEOGOV will establish an Agency -specific training environment that will be used during training and post -training to allow Ilia Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency_ Once the core user community is comfortable with the system (typically within 10 hours of hands-on use) they will train the remaining HR staff to complete their tasks using insight Between the training and go -live, NEOGOV will complete the follovring activities: c Creating an agency -specific training environment which is used by your agent}+ during training and afterwards to train in prior to moving into production v Configure printable job bulletin Integrate your new production job opportunities, promotional opporlunities, and class specifications web pages into your existing agency website Establish the Agency's Insight Enterprise production environment 1.3 Training NI-OGOV will deliver training to agency recruiters We will provide all required user exercises and user guides to the Agency. Following the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utilize Insight Our existing customers find that this unique implementation approach enables their users to becorne familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV, Inc, Proprietary and Confidential Page 7 of 8 Order Form IN`: F° Order Form Terms and Conditions: 1) The Customer hereby orders and GovernmentJobs,com, Inc. (d/b/a NEOGOV, Mo., hereafter "NEOGOV:) agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses One hundred percent (100%) of the annual license price is payable within thirty (30) Clays of execution of this Order Form and Service Agreement. ($7,000-00) Software Provisioning for first half of Insight Enterprise Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty 30) days of the execution of this Girder Form and Service Agreement. (52,500.00) Software Provisioning for second half of Insight Enterprise (Completion of past evaluation) Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty 30) clays following the thirty day post -training period. ($2.500.00) 3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. 4) Changes or alterations to this Order Firm will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NECGO . DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY_ YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer NEOGOV, Inc. Signature: Signature. Print Narne ,; ~ , { Print Name: Title; q1 6 A Title: Date: % /. I.b Date: NEOGOV, IrIc. Pro prietaryr and Confidential _ Page 8 of s 399 Gcwernmentjobs,Com, Inc, dba Neor]ov Car liIca [a fif Insurance Saga 1 of 1) 12+1 CV2010 09:25:03 AM L CERTIFICATE OF LIABILITY INSURANCE DAA""YJ0110 Y! f2J1 Of0 THIS CERTIFICATE IS ISSUED AS A @LATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEFt7IFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR Nr=GATJVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY 714E POLICIES BELOW, THIS QERTIFICATE OF INSURANCE DOES NOY CONSTITUTE A CONTRACT BETWEEN THE IS$UWi INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certifleate iioldw is an ADDITIONAL INSURED, the poficy(ies) must he endorsed. If SUBROGATION IS VVAJVED, subject to the terms and +:onditians of the policy, cortaln pollcles may mqulre an 4odomoment- A statement un this certrfaate does not confer rights to tht certificate holder in lieu of such endgmem"tfs . M'CIDUCER NAVE! CT Ta! hlnsHrAnrB rW1O_ N ren• (LIVID] E36B-7U2d - (Ar. Noli 02%,300-94m 1301 Contral Ex South, Siiitu 11S E-MAILpY- .Ilu sti: Allen, TX 75013 INSURED Goverr[mAntjobs,Com, Inc, dba Yeogov 222 N SspvlVeda BIVd, Ste 2000 EI SDgunda. CA D0245 r-nVFRAC4FS f-FRTIFICATF NIIIIARFR, iIFSTUrl6R 1611: _ _ _ AFFORDING COVERAGE .,, fox @JSURFR A: IialtlDfl C stall Hlburdrx;N C:orrl• lin _ 7. 24 imLIRIR H : i-:3rt oM Insurance Company of Oe Midwest 37478 Ir,sLwLw e: _PrOpErt r and Canvally Insumnoe (-rnparV of Hartio 34680 R.sIJRDR D: JkGE InsLlraom Company off Oh ID 22567 INSURER E: INFURFR F: .- ._.... RFVISION NUMBER, THIS IS TO CER -MY TH61' THE POLICIES (>I iNgIJr1ANcr I II;Tr'n RFI {)V-; HAV,7 i FFN I„SiJFn TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- 6JOTWITHSTANDJNG ANY REQOREMENT. ftHra 0 z ncxgL3rri0N Cr ANY CONTRACT OR ()THFR PUCUMENT W17i RESPECT TO lAHFCH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INStJRA JCE AFFORL'ED BY THE P'OLIC'IES DESCRikeD HEHEm I$ 1kIJB,JEC7 TO AIA THE TERMS. EKCLUSIONSANDCONDITIONSOF SUCH POLICIES. LIVITSSHOWN MAYNAVE BEEN REDUCED BY PAIDCLAINI.S. INAR!pa TVF1E OF INSURANCE POLICY i UJi BE UORGY. Y8F MIAALrYM LIIA”. GEDJF:i r_IJAfIILITY EACII=URRCNCC ..1 2,CLO,U50 IGC]rAIAtHCJAL (p1=N1=RALIIA:711..'I`f f{L'fAlSfy SLCI'tU rAe 3 ylll,+lfkl y. Lq rxP ArX ; CLAN -,S MACE ' V 'OCCUR i A yrs 445E 3E8 Y 1rL52714 1,2S 1011 PEN 3DhL; &PiPI INJURY 3 2,009,4]0 GFAE-HAI Ai:iH. C.A11' S 4.00.GDO GE9LlQGREGAT=1-IAUTArT'LIE;5PER. RODUc-rs CD'r1Ph?oIQG S 4.001000 3LUC: AIJTOrRMILF J LAAII ITY COAMINED SINCIE UMIT 3 v,90D,ta70 ANY ALrTo D;LY IW.JP?Y (Per per n) S aJ_I, CJtiIRJF.O 'JTCla i BODILY IAJJTCf (per aYidelYp 3 G SC.HE0L, ED A6TCAF HIRED ALITOS Yn; iUF41'6ar>'l annrr:a'la 1 r 19r210 -ii I i'ROPEfYTY CtaFlr,GE Peraaiienli h171+-11WrticD,53J7U>i S Llht2#tL=J14 LJAD Z BCH Cr.TCURRENCE i EYCCESS LNB [a of e(.SAIPJ IF. DTCUCTI@LE I s IHSTEHT.ON 9 @ lVORHFRS COU!p[hJ;.,4TION AND EMPLOYERS' LIA@IUTY ANY P_•'.OFRIETC)WPAFYI FltHr1.ECJ IVtI F FICER?.1EI.SLLP. C(f:LLIDDD7 tx Inluwelory iu IAiI N J A, 460MCG:a I95 I,[i 0<.9 L,'2iCN1 4C-'ST,4TU- :rJTr1- 7 v FI EACH 41-;FI:F!11 1. 1.UJv_9TdJ L IXGLASC CAEM?LOYE t ?•470 BOO E..L D'3 ;% E - r -Cl -r -Y LPAIT L 11700,COJ If're:, cWeWLe Ultler DF-9CRJPTION GFOPERATION-3 te'W1 J 1 D rtUIC66l4rk11 I.DFhIL I'(£r•Y :R'Id 0111 .1OP3) tI C:.N07217W03 9J7f'717SSI 1,2u d911 d 7YlES1 r.B,'}'Q0rd091B ;'7.,^hC1,11(l^i;7,::.n.cm DESMPTIDN OF OPERATIONS 1LOCAT10R3 f VEHICLES IAISe lr ACORD 101, A Mif ro4l R.w11L.rk5 jrhatlula, ff nrrru ;p— Ix r:.rPnrnrt] City ur fnye;',nwi!d is ran)dd eu h-1 0uld I19IswJ rill, •Masi C n Ole slensiol NU14 , CIC hT= Ul l neo r -n Mr l 10711 IN tO InB-xvtJa AILVKL1 L:VI+LYUKA I IVN. An rights roservou. A4C17RD 25 (2009i0D) The AC4RU name and logo are registryred marks 4f ACC?RA 9 HOULD ANY OF THE ABOVE DESCRIBED POLICIES HE CANCELLED BEFORE City ofFayettevltle THE EXPIRATION DATE THERE=OF, NOTICE WILL M DELIVERED AN 1 I'3 IN, Mouniain ACCORDANCE WITH THE POLICY PIR7VLSIONS. Fayatc-ville Ali 72701 UTHOR..17Fn RF.PRFyFIrrATNE tO InB-xvtJa AILVKL1 L:VI+LYUKA I IVN. An rights roservou. A4C17RD 25 (2009i0D) The AC4RU name and logo are registryred marks 4f ACC?RA City of Fayetteville, Arkansas udget Adjustment Form Budget Year Dopartment. Ghief of Staff Request Date Ad(ustment Number 2010 Division: Hurri R Fosouroos 1211712010Prograrn7EmployeeBenefits{Services JUSTIFICATION TO INCREASE PROJECT 1 ITEM: Additional funds are needed in softwafe mairitenance to purchase NeoGov JUSTWICATION TO DECREASE PROJECT/ ITEM (OR RECOGNIZING REVENUE). Account Narne Sof3uvare Maintenance Software Increase Decrease Account dumber Budget Budget 1010.1220.5416-00 2,300 1010.1220.5209.00 2,300 iv - Stun Head Date 13u et Director Dato Department Director Date Finance- Direc.#or — Date Chief of Staff - Date or Pate TOTAL- 2,300 2,,90G Project.Sub Roquested By BARBAPA FELL Rudget & Research Use Only Typo: A B G D { 9 Deccription,- General Ledger Date Posted to General Lodger InitialµBate Posted tc Project Accounting Initial Date H'IsudgeWLjd9wAdjuslrplonrsl QiQurrn_2U10_New_For mat v Service Aareement THIS ON -UNE SERVICES AGIZEEl4 LNT (this " greament") is made and eaterrd into this day of 2010, by and between Govarnmel:tJttbs corn, Jnc., a California corporatioA (d/b/a IEi]C.0w). aand the City of Fayelttvilk:, Arkansas a public entity acting by and Mrouch, its duly alrpoini cd representative ("Custowee ). I. Provision of On -lila Arvlces. a) Customer hereby engages NEOOOV, and NEOGOV hereby agrees (subject to the reaths and conditions set forth herein), to provide the services ;the "Sttvibn?) more icily dtzoribod in this Agreement and in Exblbit A Order Fornh), Customer hereby acknowledges and agreets that NFA)GOV's provision and perfotntarice of the Services is dependent and conditioned upwi Ctmoxnces full pe tush( of lits dativs, obligations and responsibiliU&S heretut&,r, 2. Add, ga sl NEGGOV ItraeEsan #1 eM. In connection with the performanve of this A}Tearr nt, NF-OGOV shall be responsible fi-)r the faff9sa iug a) NEOG1DV shall provide all recliAred hosting &tad OWat#ions support fsrr thn appl oataons provided dareugb this agreement b) NEOGOV shall. follow tbose mppoM mMntmance and other pmcedares athd ghnlA provide those support maintemnce and outer scmcts to f ustomer more fitlly described in thia AVOtment. 2_ C:-Urner Iionatts trilstiea. In contwetinft with the perfornmwe of dL's Agreement and the provision of the Scrvioes, Customer spall be redpunbibie far the, following: a) Customer %ball be mVonsible for enuuing that Casmmees tale of the Seivioes End Oie p rfvniwnm of Ousto.-mr's other abligadoa,,ds Hereunder Comply with al.l laws -applicable to Oisromer. b) Customer shall be respomible, as betwemn MOOGOV and Ouslomer, for the accuracy and v-impfettness of all records and dalaboses provided by Custaracr in connectiost with diia Agrement for use on NEOGOV's system, d, [1hYnPx5hljYt Prd(Btti to and Sat let It F a) Owoetship of any kraphicc, text, dttta or oiher informatit-m or conte'# maWW6 and Ill Axords and databases supplied or furnisltod by Cixtumcr IiDmunder for incorparatiao into or deliVfiay through the applirataoot{e} d t -A nbW in this agreement Aall rt rnain with Cw5tomaer, and NROGOV sboJI cease use of ill Such rnatenai upon termirtaticm of this Agreement, b) C astomt.r acknowledges and agnms that nothing in this Agrestuea[ rx any other agreement groats Customer my licenses or other rights YL ith resp wt to NEMOV's "Iware system (source code of object coda) othcr than tlho right to receive Services as e;xprmly pravi&d heroin NEOGOV shall retain all vwnersWp in the inteltwtuai property and all other proprietary rigbtr, and interests associltftd with I TEOWV's software system and Services and all components thereo€and msoczteddocumeRmatinn. escepi %-% expteesiy pros idtdher6hL c) NEOGOV pmnts to Cmtonwr a l"tmUed licewe during the terga oil. thin. Agreement to me and reiraducc 1NFOGOV's trademarks and logos for purposes of includiag aurA lrsdctttsrks and fogos in advertWng and publicity ataterWs and HnLq solely as perraittod hereunder. All Cues of such trademarks and logos shall conf rm to Cwstomca"s Standard guidelines fend requieewtmts PoT usG of n wh tt&'tents and logos, NEOGOV, Inc, Proprietary and Canfi4erttial Page 1 of 8 5, NEOGflV Rtt5rescntrilium Anil Wtirrarities;. a) Sej vree Perfonn nc'e WarYllJtlY, NI;OGOV warrmte. that it orcin perforin tllP Services in a man=tonsi°ttnt with indttf-y, wdaads-easonably applicable to die,perfosmsatce &-rto£ h) No (1171er iI'Cerrcmo+. EXCEPT FOR THE I xPRFsS WARItbWlIES SJri FO.P U 1N 'THIS SECTION 5, THE- SERVICES ARE ?Rt` VIDED ON AN "AS IS" BASIS, AND cies n vrw, , risr or. n-jr; SERVICES IS AT ITS OWN RISK- 'ITFf)GO4r DOES NOT I&UCF, ANIS HEREBY DISCLAIMS, A MS, At ry'' A2W Ai,L t7 f_-R EMPRESS AND/OR AIPI_.IED WARRANTIES, W'Ci.I_TJWG, -SV-r NOT LIMITED TO, WARRANTMS OF MERCHANTABILITY, FIT ESS FOR A PARTI<-'ULAR Pt31T_i'OSE, NOXINFRINGEMI 3Ti AND TnTZ AND ANY VIARRANTI S AMSING FROM A COURSE OF DEALING, USAGE, OR TRADE ?RACI`j(M, NEOGO V DOES NOT; ARRANT THAT THE SERVICES '`ILL BE UNINTERRUPTED, ERROR-FRrr, 0R. CO&TLETELY SKAJTZ c) A.944vner of Actions fausad by aodloY Under the Control of 1kird Parties. IsMOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF ARTA TO UIt FROM "stir ZYEGu oO r SYSTEM AND OTHER PORTIONS ill; THE INTERNET, SUCH FLOIV DEPENDS IN LARGE PARD oN THE PERFORMANCE OF TNTERNJ--'2' SPRI/.CES PROVI.D>.d) OR C0KrR0I,I Fl} BY Tam PARTIES, AT TIMES, ACIIDNS Olt INACTIONS OF SUCH TIIIRD PART113S CAN 1',MPATR OR DISRUPT CUSTOMERS CC}NNEMOINIS TO THE HIFIERNET (OR PORTION$ TREREOF). ALi'14OUGkl 1 IeOGOV 'Mff.1•_. USF Ct>NMIE RCIALLY REASONA13LE EFFORTS TO TAKE ALL ACTIONS IT VEF4MS APPROPRIA`T E '1'() RE.NfLIVY AND AVOID SUCH EVENTS. NDOGOV CANNOT GUARANTEE THAT SUCH EVEN'T'S WILL NOT OCCUR ACCORDINGLY, NECGOV DISCLAIMS ANY A ALL LIABILITY ItMSULTIN(3 FR{)Iv1 Ult RELATED TO SUCU LVENTS, 6- Pity. Following executnm of this Ag mrnenl, die parties Screw may issue a press role=, the form and substance of which shall be nturnally agrweblc to the parties, announcing tW r0atiorship created by thig Agreemetrt. Fxcept as expretMy uuau'anplated herein, neither partly shall issue any additianai prC& ICleasc rrhfCh mentions the otlrar party or the tran=ctions cotitemplaW lay this Acme -meet without tate prior consent d the other party, which oorrseru. shall not be unreasonably withheld. 1. Nit ndisclosure. Through exercise of each party'F righty; undu this Agxemkont, eoch party may be expoeed to the other panty's technical, itanaial, bushiass, marketing, planning, and other informmdon and data, in writ#en, Oral, eJectrcmk, nnagnek, Fhotographi-; anchor other fbrrns, including but not Ihnitod to (i) oral and Nvrittcn C0=nUaiC,Ati0rk5 Of cue patty with the ofiicus and staff of dw other party x1iich are lnn.r;r kW or it7enf#11wd as cornfrduadul or t rx:rc.t or similarly marked or identified and (ii.) ether conu3xnications which a reasomhle person would- recognize from the surrauadiug facts and cirewnstarccs to be txinEdc-retial nr sti-crct Clf-ontidcntial Inforrnati&') and trade secrets. In recognitlaa of the &4trparty's need to prolect its laZbmate business interests, each party hmby Q1vtnan1S and agrcc3 that ft shall rcy d and treat each item of informotion or data constituting a trade mvret or Confidential Intorn acion of the ofittr }rorty ss atriatly onnfidealial and wholly owucd by such othu pasty Find that h will tto-, withour rhe encs, prior wrimn consort c%f tiw ather party or exmpt Hs m4jilired by law including the Freedom of Information Act of the State of Arkawas, redistribute, market, frublish, disclose or divulge to 8ny other persort, 5Rn or entity, or use or modify far use, diractly or indirectly in any way for any persaa or entity: (i) any of the other party's Confidential Infonnatkin during the term of this Agrcemnt and for a peritrd of Owty (3) years aflc;r dee termination of this Agreement or, if later, from the las; date Services (inchtditig any warranty work) art prsfomwd by the disclosing patty hereunder, and (ii) any of the other party's trade ssecrr_•ts at any time during which succi infofmtion shall caustitute la trade sevrtt errdt r applioble Wrv. LiabillIX Limitatians_ a) If promptly notified itx v4ithig oC aoy ar;6,an brought agaiw C'uswmer basad on a eWnj Hurt Nkk):G[ V's erviNs hifringc a Ur,Ited States patent, copyright or tradenwrk right of a third parry (excepl Ln the extant such claim or infringement Ie nates to awry third incorpxuated into Na)(30V's applications), NF-c?GUV will defend suchaction at it.R e2efm and s ill pay any and all fees, casts or tla'roxes dmt maybe f Tally awarded in such NE OGOV. Inc. Proprietary and ConMerdal Pare 2 of 8 action or any scttlemcnt resulting from stacks action (pmvidai that C istomer shall permit NEOGOV to oontrol tha defuse of such action and shall not raa-T any comgmrnise, adrraission of liability car settlement or take any 13dwr rection imlmiring the defiuise of such claim without NEOGOV'sprier wdctm approval)_ b) Custtrnux acknowledges and agrees; (i) that NFOGOV bias no proprietmy, fuiuncial, or other interest in the goads or saviccs tW may be described in or, offered through Cumoiner's web site: and (ii) that Ctiovt with respect to any material supplied by NEOGOV, Custcrner is apldy Tasponsible fas batween NF000V and Custormr) for Che cnmtm4 quality, performa=, and Al other mpects of thr: Rpods or serviieea and tiw iutornta6w or other content contained in or provided tltrougb Customer's arab site. c) CYI'lil i THAN THOSE WARRANTIES EXPRF98LY SET FORTH IN TFITS AGtMEK yNT, NEOGDV DOLTS NOT MAKE ANY WARRANTIES JV? CUSTOUVAR OR ANY (YI`IlER PERSON OR J,WA'LTY, XIxk)ZX IXPRESS OR IMPLIED (INCLUDING, WITHOUT L.111'dITATION, ANY WARRANTIES OF PdIERCRANYi`tluMUTY OR FITNESS FOR A FA RT1CULAR PURPOSE) WITH RKSPECrT TO THE EFRV10ES PROVIDED IIERRUNDL11- NW MV SHALL NOT BE LIABLE TO CUSMNIER OR TO AN'!'' (YTMR ]PERSON OR ENTITY, UNDLR ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHA'I'SOEVM FOR CONS>EaQUENTI<AI. OR iNDUaCT DAi4fAGES, INCLUDING, WITHOUT IAMITAT:I0N, LOSS OF PROFIT, LOSS OF USS OR Ip[1SINUS STOPPA,, . d) Un&r no dreum0ances shall -I1i0Q0V's toW liability to Cmtomer or any other pt~mm, rcordl4ms of Che; nature of thea claim or form 4£ aotiDn (vuhetlzer arising in contrac( tort, 5triO liability or otlwrwise), exceM Govemmatiobs.00m Ins,'s Certificatm of Insurmim and MCCrOV bas agrttd to namr Custurner as as insumd on said liability insurance. pdr attached E1Yhih4 "A" provided by NUCXiQV; pmvieirrl, fiethw= that the foreping Invitations set forth in ,}itis Seotiort 8(d) shall not apply to actions brought under 8(a) above or to any injury to peons or damages to propcaty arising out pf NEOGOV's gross negligence or willful, gkws raisoondueL 4. Term and Trxrulnation. a) 'l'bia Agfeemut sbWl commence as of January 1, 2611 and .rerraia in effect far Twelve (12) rnontlm unkm termirmU.,d bycither party as set forth herein ("Initial Term'), b) This Agreement may bt: Tonewed for. addNot,a,t tmm5 ("renewal Ter ") ectal in dw4tim to the Initial Term provided Cttstorncr notiiass NEOGOV at least tbirty (30) daA prior to tilt and of the Initial Term or a renewal Term, It is anticipated that the pariicn shall in zocrd faint commence active &Luisioris, rack :xpternbcr concerning whether and under what terms to renew for the following caloadur year, C) NE0001' reserve, rhe tight to w minaru this Agreement ifaLitmirdiateLy if Oce Sentices irruv;debd hereunder became illegal ear contrary w any applicable lam, rule, ragulatlou otIetthlic p,ticy. Each party shat] lrave the right m torminato this Agwrft ntupon sixty (K) d6ys prior vrrittcn noticc to thr-. other F". d) ']thin sixtp (60) slays o f rtotifroatlon of to minatiotx of Ylei.s AgivemBat, NEOGtaV shall provide Customwr wit a do*ated data fines si:ltable for importation into rptntneroial)y availahle database software (a-g-, -4S-Access or MS-SQL) 'Pbe dedir ated data Elea will be comprised of Customer's data contained iu NEOGOV's syslxKn. The strwtum of the relational database trill be spr;01110 to the G1estomofs data and will not be representative of the pmprietuy NFOGOV database, NEOGOV shall hkeAise ref. nd { unomee its prD-rata ShZre of pre-payM=t by CugtOrF a f<ir twclvc (12) months of &TrvicE andtor maintenance fees or any other amounts prepaid by Custormr to NEOGOV. 14. Payn)cnis, a) Adrial Term- See I wxkzibir !' ( Chder Forna). b) Rtstuswal Ternt(a). For each RcnewaI Tum, NE0GOV will continue to provide Customer with tht Services, and will pm do mairttcuanct and support strvim as described heroin.provlcird Customer issues a purchase older or NZOGOV, Ino- Proprietary and Confidential Page 3 of 8 nicdificataonto this Agreewm and paysNEUiiUV in advance the 8rntlal rtoubing blr r sthen in cffcct_ if there is an increase in annual LnaintenaACe amd Support 04v-ges, NEOGOV shall give Custotria written notice of Such increase at least thirty (30) days prior to the expiration of the applicable term. 11. Fearse itt rirure. PIEOGOV shall not be liable for auy darnages, costs, expenses or otlw wmequences ineumd by Owtomer or by any other perscm or entity as a result Of delay in or inability to deliver any swjkes due to circutnstancess or eveats Nyond NEOGOV's reasonable control, inalud4, without iiruitation: (i) acts oPGod; (ii) changes in or in the interpretation of any law, rule, rrgt.etiori or ordinnce; (Lii) stakes, loflmuts or Utltr labor problems; (iv) transportation delays; (v) unavailahility of supplies or nutterinls; (vii) fire or mplosion, (vii) riot, military action orustxrd power; or viii) actions or failmLas to apt on the part than Customer, 2. iwliiteellaneQttat. ,whiter patty may not assign its rights or obligatiems under this Agreement without the prior written consma of the other party. Tnis Ageement may not be modified or amended (and no rights hereunder may bo waived) except d cough a wriwen imkument signed by the tufty to be bnuntf. This Agreaiawt cwWitut* tbo antiw sgrimm nt betwoeu the parties with respect W the subject matter hereof Ond Sbsll be governed by and co:)3A xed in aWmd&iC - with tate laves of the State of Ark"S, without Suing affect to c mliict of taw rules. Custolner ackuolvWgeF and agrees that this Agreement is not intended to be &ad shall not be construed to be 4 hauchise or busiusss og)uitunity. LN WTFNESS WHEREOF, the parties have caused this rigmrmnt to be executcd by their reanectiYt duly authorized OffttjS as Of the date set foxth above, uscotn+:r DR Title; Gove-rnme ntJobs.com, Int,, a CAlifornia cgipration Print NA=. cd"r T Title: le, - T - NEOGOV, Inc. Propriutory and Confidential Page 4 of 8 Order Form Customer. EXHMI l' A — ()I_WE9t IF!2 i Bill TQ: N E0 G --'!,V - Order Suxx i t 1 f "tTr'q "{Y°"",. y {! c Ir x—r -S.. YL"FiY r 'r'" Attention To: NAME pjbme: 5 0300.00 111J$GTI iipil Id 97,tkf)t7.r}4 cma l: AAGENCY t Guvumunm6ubs.s^rmi Atmual 7 iLmoe !QpjLn Quote Dace: 17.!9612414 ReVisjon, 1 Valid Ynrv. 12/ - 1 6120 10 r:`hlCrH.. r n.•. 'l :Vld y: Valid Tr,: T cfa.v ptusail days; 4rd4a[ Number - Re nested Service bate: M Anitial Term: 12 Months Order Suxx i t 1 f "tTr'q "{Y°"",. y {! c Ir x—r -S.. YL"FiY r 'r'" a N LtF •.Ez , - Cr F^- sa.:»,•a i . n .T i +r r t it i Ti- r i 5 0300.00 111J$GTI iipil Id 97,tkf)t7.r}4 1.2 Prc visinnia 3 Tr61r 11 t Guvumunm6ubs.s^rmi Atmual 7 iLmoe !QpjLn Sub Total: 7 d. 5 p0i1.U0 r:`hlCrH.. r n.•. 'l :Vld y: s f.V'•Fa - More derailed descri dens of the servic=e ere e t h Sezv $ i i c rated herein and made a W h mof ibthis .s acc NE OGOV, Ino. Proprietary and Con#identlal Page 5 of 8 Order Form or tier f3ettsil 1.0 Insight Enterptiso Edition 1.1 License .ubscriptkm NEOG OVI" The Customer's subscription to the Insight Hiring Management Software includes the following functionality: Recruitment Customized online job apptltion Accent job applications online Online applications in"ration with current agency website Online job announcements and desalptions Autornatic oniine jnb interest cards Proactively search your applicant database Feel -time database of all applicant Information Recruitment and examination planning Selection Create, store, and retas+s supplemental questions in the Insight item bank Screen applicants autornaticaily as they apply Define unique scorfrig pians per recruitment or copy existing scoring plans Test Item bank (optional in TMS) Conduct item analysis rest processing (automatically input Scantron tw data sheets) Test analysis and pawpoint setting Score,, rank, and refer applicants Applicant Tracking Email and hardcopy notifications EEO Data cc3]Wion and reports Tmck applicants by stepJhurdle Schedule written, oral, and other exams Doai:ed applicant history record Skills tracking and matching Reporting and Analysis Collect and report on EEO ddLa Analyte and mpart on adverse impact and applicant flow Trook and analyzes data such as time -to -hire, recruiiraent costs, staff workload, applicant quality, etc, Over 80 standard system reports Ad Hoo reportinc tool HR Automation Create and route job requisitions Defer and certify appllcants electronically Scan paper applicatlon materials Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM Requires a Srantrcm or similar O7ticel Mark Reader (OMR) scanner, special forms, form "t -yap, and sinner software, which are rKrr included unless listed ora t h ORDER FARM NEOCOV, Inc_ Proprietary and Confidential Page 6 of 8 Order Form NE0G_ V." AdditiorlaUy, during the term of the subscription, the Customerwill be provided: Unlimited Customer Support {8:00 AM — 6.00 PM PT) Customer Support shall be provided to the Customer both orrAne and by telephone Monday — Friday. 6:00 AM — 6:00 PM PT (excluding NEOGOV holWays). Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased pack8ge, Product Upgrades are automatic ;anti available upon the next login following a product upgrade rollout_ Product upgmlle rollouts ere generally released every three months. 1.2 Provisioning The following activities are condudod as part of the Insight Enterprise implementation Conduct a project kick off meeting to review the project Urneiine, deliverables, and establish project expectations NEOGOV will establish ark Agency -specific training environment that will be used during trafnfng and pest -training to allow the Agency to loam the system and begin defining new roles, responsibilities; and activitles within the HR staff NEOGOV will conduct eight hours of online instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency. Once the csre user c ommunfty is comfortable with the system (typically within 10 hours of hands-on use) they will train the rerrairdng HR staff to romplate their tasks using Insight. Between the training and go -live, NEOGOV w+ll complete the following acfivities: o Creatirty an %envy -specific training envirorrnentwh ch is used by your agency during (raining and afterwards to train in prior to moving into production o Configure printabkq job bulletin o Integrate your new production job opportunities, promotional opportunitles, and class specifications %Vb pages into yourexisting agency website o Establit;h the Agency's Insight Enterprise producWT) environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and -iser guides to the Agency. Fallowing the training, your agency will have full access to the training environment. Additiionally, your agency has full access to our Customer Suopor: Help Desi: during the training to Delp new users fully utilize Irsight Our existing customers find that this unique implementation approa& enables t€ efr users to become familiar with Insight ire a safe environrnent, prornoOng systeil use and leading to a more s=essful rciluut. NFOCOV, Inc. Proprietary and Confidential Page 7 of 8 Order Form Order Fort Term Etct4l-Conditions; EOGOW 1) The Customer hereby orders and Goverr:mantlobs.com, Inc. (d/b/a NEOGOV, tnc_, hereafter "NEOGiOVr) agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND COt4DITICNS OF THIS ORDER FORM AND THE SERVICE AGREEM15-NT BETWEEN NLOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schodole Is as ioikAvs: Provide all required software and Licenses One hundred percent (100%) of the annual Iicanse price is payable within thirty (30) days of execution of this Order Form and Service Ayr5txment {$7,000A0) Softwore Provisioning for first half of lasight Enterprise Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty 30) days of the execution of this Order Form and SerAce Agreement, ($2,500.00) Software ProviMoning for second half of Insight Enterprise (Completion of post evaluation) Fifty percent (SOTIo) of the note -recurring casts are to be paid to NEOGOV within thirty 3b) days fnllvwing the thirty day pest -training period_ ($2,500.00) 3) Neither the Customer nor NEOGOV will be bound by this Order Farm until it has been signed by authorized representatives of doth pertles. 4) Changes or alterations to this Order Form will not bre accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMI7A71ONS CONTAINED IN TIME SERViCEr AORtLMLNT BETWEEN THE CUSTOMER AND NECGOV_ DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN IT -3 ENTIRETY, YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE REAL} THE SERVICE AGREEMENT AND AGREE TO SI- t300Np BY ITS PROVISIONS. 92&mar Signakre: Print Name: Title: Date; NEOGOV, Inc. Signature: 4 :: Print Name_ s `i4c 1 Title: Dale: Ni^OGOV, Inc. ProprieWy and Confidential Page 8 of a 999 Governmentjobs.Cgr1T, Inc. dbD AleoWv CBrtiricala of klsvrame Ipage 1 of i 1211 X124 f 0 09:25:53 AM ACORbrCERTIFICATE OF LIABILITY INSURANCE 'V 2010 ` TH$ CERTT44;AT9 1$ ISSUED AS A MATTER OF INPORMATION QKV AAPD COWERS p* FtIGHTS UPON TVW CCRTIMCATE NOt-DER, THIS CERTIRCAITE DOSS NOT AFFIRIMA-nVELY OR NEGATIVELY AMEND, p1TENID OR ALTER THE COVERAiX AFFORDED BY TRE POLICIES BELOW, THIS CERTIFICATE OF IN$ULRANCF DOES NOT CONSTRUTE A CONTRACT BETWEEN THE ISSUING LQSURER(S), AUTHORaED REPRESE.tdTATNE OR PRODUC'EP, AND THE C: RTIF/CATF HGJ413£R, IMPOR7AUT- If the aerlllf mhofdel' fo artartADDITIONAL INSURED, the pogryQes) mint be wdomA, It eve WATION 19 WARMID, sublect to the torrm and wndltfons of the oioy. aertain poliaies t1vy rAqulre an endor89rn fiT A statarognton 015 certlkste does m confer 1't ma to ow car§Qv-%W hviderin IiQu of uph vndarp4mtlrt s . 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THAT THE Pr1LIOIE8 OF 748URANCE L1$T60 RELUUV FLwff BEEN 13$UEO Tp 7R8 tNBURED NAl.WD ADOVF MR THE P'GEJ PERLoo 1WDTCATED NOTVYIMST.AHOIND AkY REQUIRGIET1T, TERM OR CON01T10I9 OF ANY 0011TRACT OR OTHEPI DOCUruENT VOM RESnC,T TO'MICN THN CER7IFF^iA7E MAY BE ISSUER OR MAY PERTAW- THE 11181)RANCE AFFORDED BY THE POUCAFS DESCRITIED HEREIN 16 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COMENTKINS OF 3UCII MLIM& OMITS SHOK1'1 NLA'Y HAVE BEEN REDUCEU BY FA1d CLAIMS TYPE9F P,D.l1RAr{CE La PD1rCY NuwAKR PC L1CV E UMIT3 LWl1QJrALLIhBII[TY f:ILc+1oCCUTdaEMCE S ZVW LW C17uM@Rr:1el. carEaaU. rfA91ld1Y awlrs-ttanF J orc# Eq um anea sam s 4naa FERt0NAL&AWr.%uuRY ! + Y@a! adSgI.869a3d 1t25fH1l0 ir"2011 i L£N9zAi. ACb11EG4TE 5 7,OL'-0J.C4 GENLAGGNEGATFUMrTAPrUWFga' BRpOrf<rT3 •CClIF7a?hGG 3 CUO.D'A7 Au70WdML.EU.mmurf MBHI SINCu_E Ur;r 3 I.Cpaa 7 I i x KI f AWALJTa 9D01LY zNJLIRY (,1WWm) L ...._ - f A.LOWEDptlr03 130UILr IMlU%iy`t%'u narlMnq C 9C}1I-D11LED AJJ7G4 ras 4cLLrWVA1SZ 4ri7rdpllr VIWNIT PR0FE4TY0AWZF r HIRED AIJTG!3 S owmo I S Ymmuu%yq fjlF.Vq 1 EhCff .rat,;:. i Ulcm LLA8 umw-yPoF I leGGftGATE S waxalser>Mp lw+norf siihT4- I?TFF r,4T YH.IFabANDWN-L3Y9LS' iLvtel.rT+ C r ri I e^H 3 tJr AffeV tIFMErCRWAWtr-Ar+:> CutivE Nalr 4BNEGGtlt195 iQ.'12Bi0 1r.SrL911 E.L raCglSEhe7 .. • ._.._. B a1'A IGEri0A641'G»r+bxr.erar 1" jMrulrlfuJ,nl TiHj -.._ E.4 ClCiE45E. E/, EMPLBI'E S 1.CW,OaO EL CiSEhB£-POLIr"i LIrHY-31.+%16,000Moc, .'R31tr urlfr OESC L1f10F CPLTJ,T14'tl3 trulmr r_...—._.. D Ara/q$0 nr Liabitty j9(cm mdIwlarnrtal i o'3]awZ *X7 If2'J2at6 1rL•12041 OtmrsareA A29reple 34,uXum:=j3m.wv DWRJMM?4 OR OF19KhWC#11i ILOVATIt3NSl VEW%M(Avon ACO RD 101,A4&UDwI R"M r" kfiWnfl. if4gerr V. W4 r.p di C1,y M F+iabwP1. IP nNM d N ANOW41 WWW'AJPI sV 110 Fr te.WrfNhbkY , C1r 1lFA,iR I C. r'M1UL.yCt'{ v..•.+.t.. .,..,. 13HOULD ANY of TW A130VE DESM13ED POLICIES BE CAWEUEV W -P RE CRyafFaystleAle THS axpmATlow DATE TM LOF. NOTICE 1XILL BE DEUVERED IN 113 W, wurrtaln ACCORDANCE 4V17171 186MCYFROV0098, Fayrit"ille AR 72701 AuIr"0A1x9b p @NTATM 01388.209 AOORDCORPORATION. All rights resvrveld ACORD 261200=S) The A CDF0 name and logo are r"Islered marits of ACORDAl/ A 00 Service Aereement THIS ON-LINE, SERVICES AGRY;iN MUNT (this "AgrO6mer1t") is made and entered into this day of 2010, by and bet,xcen GovernrnentJobs.com, Iue., a CalifoniiA corporation (dfbla NFOCTOV"), and tete City, of r+ayettevillc, Ark-ansis a public city acting by and through, its duly appointed representative ("Customer"). 1. Provision of Cin -line Servlees. a) Custonx:r hereby engages NEOGOV, and i'TEOCOV her&y agrucs (subject to the terms and corlditiorrs set forth herein), to provide the services (the: "Scxvioes") more fully descrihed in this Agrtetmersl and in ixbibit A Ordcr Form) Custu= hereby arknoti ledges and agrees that 'N.FA)(jOV's provision and perlbrmance of the Services is dependent and condidoned upon Gustonirr's full per-formanoe or its dutie3, obligations and responsibililiL s hereunder. 2. Additional NEOGQj Rearrortsibilifles. In muncetion with the performance of this Agreerrtetu, NEUCrUV shftll be responsible for t: e following_ a) NEOGOV shall provide all nxluired hosturg and operations support for the appflcations provided through this agn=norrt b) NEOGOV shall follow those: support, maintcr>=o and other procedures and shall rwovide; those support, maintenance and athor services to Customer more fully described in this Agreement. 3. ('ust+trnter Re5nn 5 hilitiics. Iu conne-r3ion with the perforniance of this Agreonnent and the pravisioii of the Scavices, Customer shall be; responsible for the Fallowing: a) Cw;'tomcx spshallhereonsibx for ensuriug that Customer's ugo of the 5crvicts and the pertcrrniancc of C'uatonwr's otliei- obligations herewidu QoWly witli all la%vs,applicable to Custoruer N) CustLmGr shall be rospoagblE, as between NrFQCxOV and Custormr, far the aecurrso+' and oon-rpletxiness of all re wrds and databases provided by C mlomer iu mnnection with this Agreement for u2c on MEOGOir's syatem- 4_ OwneraA., PrOreOti n °tn S. r r. u) Owtiar'ship of any graphics, -text, data or othor information or content rnateiials and all records and datubmr: slrpplied or fw-nishc:d by Customer hereunder fqr inoocporation into or delivery thtoQh the application(s) doscribE4 in this agreetnevi shall reivain with Cusininer, and 1Vl-'.OGOV shall ocase use vfall such inarerial upon mininati{itt of this Agreemeni. b) Customer ae.kmwleAiges and ugroes Ghat n(.rdi g in this Agreenwnt or any other agreement gfilms Custoi)i.er any hocnsc:s or rjthbr rights with respeot to NEOC'iOV's snftware system (source code or object code) other Chan the n&t to receive Services ac expressly provided herein, NEOGOV scall rutain all ownership in the intellectual rmpertu and all other proprietary rights and iiiwres-ts associated with AT-OGOV's snfrware system; and Services and till annpc ments thoreof and aswciazed dw ntentann>3, except a expressly provided herein. c) 1r3)GOV grants to Castoruer a hulitcd license_. dining the term of this Agreen-wnt to use olid reproduce NEOGOV's tradomarl:y arrd loos for putlxfsag of including ,:vch trademarks and loos ire azdvcrtising and publicity ma0eriak and Bilks solely as psninitled herecader_ All uses of such tradtmarrcz and loges hall cronforin to C astomer's standard guidelines and ru1uircmclI5 fDr use on styli tradernarlas and logr}s• NEOGOV, Inc. Proprietary and COrifidential Page 1 of 8 5. NEOGUV Renresetttatlotts attd Warrcintics. a) Service Perfb munve ;Warranty. NI;t?GO'V warrants that ft will pextorra tate Services in a rnanner consistent with indust^y standards rcasouably applicable to the pcaform mu thcroDf, b) No Other Warranty. EXCEPT FOR THE EXPRESS 1VARRANT1ES S>LT FO RTIC IN IILS SECTION 5_ TRE SM- VICES AILD PROVIDDD ON Al "AS IS' BASIS, .'ANT) C:1TSTiDITF..R'S.I]'-' , OF'CSF: SFK1+It;l^S XS AT ITS OWN RISK. NEOC30V DOES NOT M AI`C4 A --%TD 112RI-5Y DISCLAIMS. ANY A11W ALL OTHER 1J,PRR9S ANTWOR [hTPLIED WARR.IVTIF.S. TNfiLUDIK-U, BUT NOT LIMITED TO, lT ARRANTTES OlF MERCHANTABILITY,;•1T1tiE.SSrOkAPARTICULARPLTRFOSE.-1\T0 P NGEMEN7ANDTITLE,AND ANY WARRlAN'TIES ARISING FROM h COURSE OF DEALLNG, 1JSAGE, OR TRADE PRACTICE, rTE,0C 0V DOTS NC3T WAPP.ANT THAT THF. SF.RViCFS WILL BE UNINTERRUPTED, FRROR-FREE, OR CDMPLETEL-' SECURE. c) Disclaimer of Actions Craned by andlor Under the Cnfvroi of Third Pm'nes. IN-FOGOV DOFS NOT A\ZD CANN(Y1' C;UNITLOL THE FLOW OF 13A.'I'.A. '1O OR FROM TIIF. NEOGOV SYSTEM AND OlITEK PORTIONS OF THE INER-NI ET. SUCH FLOW DEPENDS Ell LARGE PART ONTHE PERR)RMANCE OF TjVfFRNF.T SF.RVTCES PRC}VTOED OR CONTROLLED BY THIRD PARTIES. AT TJME5, ACTIONS OR INACTIONS OF SUCH THIRD 1'".('.lbS CAN 14iPAI R OR 0fSRW1' CUj iTU14I Rl?'ti CCD1 N)1 Cl IONS JK) THE INTERNET (OR PORTIONS THEREOF) ALTBOUGH NLOGO'V WILL USE C;O1N1MFRC1a1 LY RE.A$QNART F. PFFORTS TO TAKE Al I. ACTIONS IT DEEMS APPROPRIATE To RENIEDY AND AVOID SUCH EVENTS, NI30G<)V CANNOT GGA C,%NTEE THAT SUCH EVENT'S 'WTF..Z, NOT OCC'i7Ct. ACCORDINCi'LY, N.B0 0V DISCLAIMS ANY AND ALL LIA)3I11 Y R1;.SULTWO FROM Olt RLLATED TO SUCI EVB7QTS_ 6. PubLi6ty. Following execution of this Agrcemrrri, the prutics hereto may issue a penes rcleasc, (ht- form and substance of >,4hich shall be mutually agrecable to tho parties, announc.-ing the rclaiior p croatDd t y this Agreement, Except as expressly contemplated heerwn, neither party shall issue any additicxial press release which. Tnmtiuns the outer party or the lr&nsacLium ;unOnmplatcd by this Agreement without the prior conserrt of the other party. which cousettt shall not be unrmsonably withheld_ 7. Nouffisclosure_ Through txcrcisc of each party'e, rights tardtT abs Agree cnc, cath pruty may be cyposed to the citheFparty's technical, financial, business, marketing, planning, and other iafasmation and data. in vrrit,bm oral; electronic, magnetic, photographic. and'Qr otber fktas, hicluding Fut tint limited to (i) oral and written corarrnuncaiiDns of one party with (hc: uftrocrt_ and staff of the other party w-bivh are marked or identified ms Confidential or secret or similarly marked or identified and (iii) other coinrrarnicatio,rs which a rcasonabic person wolald recognize $)atn the surrouudjng facts and circunrstartces. m be confidential or sec("t_ot3fl&en6Q11 Information") and trade su rcis. fn rcougnitiurt of the other party's need to prr)WT. its legiritna,e business intera.ste, each party hereby covonwin and agrees that it shall regard and treat each iten7 of iafbimaLion or data constituting a trade secret or C:oafidential Information of the other party as strictly contidentiai and wh0-.1y o;tmei by such other party and that it vkl trot, NOTJiout the erpresa prior written. t [rnsetlt of lite ether party or except ^s required by lntV including the Frecdorn of Iaivrrnation Act of tht State ofAriwinas, redistribute, rrtar'i et_ publish_ disidose or diNulge 0 any other person, firrlr ar entity, or use or tnoeify for use, directly or indirectly in any ,,ray for any per& -)1) clr entity: (i) any of the other party's Confidential Infotunati.ort during the nrrn of dein Agreerzrent rend for a period of three (3) years after the termination of this Agteeffx-art or, if lrtier, from the Lest date Services (including any warranty vmrk) are perfnrmcd by the di sclRGing party heti rurder; and (ii) an4 of the other 17art;I' +trade SeGtets at wy time during %rhich such information shall con2titu to a trade secret ua.r applicable law. 8. LJabflifjLjndtattons. a) If promptly not;fied in-Qrililig gf aTly action brought against Custoavw based on a clahu that P:EOGOV's 9WVj0P-S Urkidge 8 United 5tflte0, patent, copyright or trsdomar#; right of a third party (execpl to the cru tit such claim or ijaNagement relates to any third party soft wet incorpr, atcd into NE0(YOV's applications), NE CIG OV will de$)nd such audon al ifs expense dad wiiipay an and ail Ices, vista ur dxmagcs th_dt may be finLlly awarded in such NEOGOV, Inc. Prcprietary and Confidential page 2 of 8 action or any sctfh;mcnt rtzulting froth such action (pyovAed drat Casto=r shall pera-s t NEDOOV to crmtrol the defense of such act=ctt at)d shall not nlalcv arty comprorniste, adrnissian of liability or xettletn nt or [Ako any olher action impairing the defense of such claire withonc N C''t_1['ro v's Onr written approval). b) Cusmmer acktrowledges atld agrees: (i) that NF.O OV has no proprietary_ finanuial, or othra interest it th&- goo&s rx 5i) iwrs that may be deaCribed In or offered rbsougt Cus prner'S wch 33tL; and (ii) that except with rasp pct to any voveri;al supplied by Iv'MC''OV, Cw toner is solely responsiblc (as be€Evoen NEOGOV and Customer) for the content, quality, perfonnance, and all othor aspectq of the goods or =Mces and the iri pTnlativn or other content containcd in or providM through C ustomcr's wtb site. u) O'TIIIR THAN TIIOSE WARPUMN I`I1;S FXPRFS.SI,Y SIFT FORTH IN THIS AGREEMENT, NW- GOV DOES NOT MADE ANY WARRANTIES TO CUSTOMER OR A -NY orBER 1'EKSON OR ENTITY, kTI' IEE Era PI ESS OR IMPLIED (INCLITI)ING, WITHOUT LYMITATION, ANY WARRANTIES OF ArERC LtNL UM-II'Y OR FI -NESS POR A PARTICULAR PURPOSE) WITU RESPECT TO TIM, SERVICES PROVMED HERELNDER. NEOGOV SHALL NOT B13 LIABLE TO CUSTOMS, R OATO ANY 01VER PERSON 00 R")—TV, UNDER ANY CIRC'UMSTANC'E OR DUE TO ANY EVENT V4'HATSOEVEE3 FOR COI1SIzQTlEIYML, OR 1»'1pfRUCJ' O.A.Mr GY-S, -I CTAR)ING, NVITHOUT LMITATION, LOSS O,' Pit OFTT, LOSS OF USE OR IBLI$INESS STQPPM E. d) Under no circumstances shall -NE.OGOV's total liability to C" -mer or any other person; r:ga1'dIms of the Mature of the claim or fprm of action (whether arising in oontra0t, tort, stnot liability or othcrwisc), catxxd Guvcrnmengobs.eom Itsc.'s CetTificate of Lmwance and iNF,OMV has at rood to n=e C`.ustomcr as an iw=d an said Iiability instrrane-c per attachcLd ExlubiL "A' provided by NEOGOV; provided, however that the kregoing umita-ions set forth is 111116 uotivn 8(d) shall ztot apply to at --tions brau& uwlcr S(a) above or to any injury to lrrsons or dar1al es to properly m nsiag out of qB() OV's gross neRIigeuce or m liful, gxoss miscouduct- 9. Term and Termination. a) This Agmzment shall co7mmotice a5 of ]amaty 1, 2011 turd remain in effect for twelvc (12) 1110nths tulles$ mrminatcd by d1hcr parly as wt kiith hcLmin ("ittitiai'Cetlils), N This Agteerrwnt may be rcoewcd for additional mzuLs ("I-'erievral Terns"} Equal in dtnation to the Initial Turns previdfA Customer notifies NLOGOV at least thirty (30) days prior to the end of the Initial Tern or a Renewal Tcrrn. It is anticipated that the patties shall in road faith coji tilenc4 active riiRcus Otis cach Sepmmli3 r concerrrittg whethe€' and under ghat terns ba n;ncur for than following calendar y0ar. i - c) NEOGDlf Iesorvuthu right to wquAnaie lhis Agreement itjvrletiiat;.ly if the efvjcee provided hereunder becarue illegal or contrary to ally applicable lam, rule,1-cgelation or ptt'ralic policy. Each party Shall have the right to 1 termirulte. this A Erre mmt upon sixty (64) gays Force to the outer party- d) Uiithfn .sixty (GO) of this Agrmmcnt, NE-A0G0V shall pruvidc: Ougiomer with a dedieited data files suitable for ilYrptrrtrttinn into rt,Ttmercially available dat ihase sof vaz'e (e -g-, MS -Access or M& -S,01) 'The dedicate:: data fifes will be opmprisod of CustamtT's data maLaincd in N80GOV's system. The sLrwitre of the relational database will be spec-ific lei tie Qwytonwr's data and All nqt be representative of the proprichLry NFOGOV database. NEOG-W shall like vase refi-and. Ckiss mer els pus -rata Am- of pre-payl-man by Customer for twelve (12) months of services, andlnr maintenance _ee, or -my other amounts pre -paid Tey Cttstomar to NEOGO V. 10. Farvmeuts- a) India' Corm. See Rklifbit A (Order Form), i3O) .}few waw I'ki q7 )- For each Remwal Tenn, VROGICAF will cuntmuc to prCvido Customer with the Sev ices, and v,nlf prrovicle. rntrintcnhntl- flAd support smices as descrlied bare;n, provided Customer isstte5 aptuchas* ord r Ur NEOGOV, inG. Proprit tary and Confidential __ Page 3 of 8 modification to this Agr'eemFxtt and pays NEOG OV in Vance the annual m- urring charges then in effect- If there is An increase iti annual maintenance and support Charges, NEOGOV shall give Customer writic;rt noricu of such inarmse at least thirty (30) days Prior to dis expiration ni-the applicable term. 11. Force.-Maieurc. NEOGOV shall rot be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a ir,., It of delay in or inability, to deliver any Services due to circumstances or events beyond A]FOGOV's reasonable control, including, without limitation' (1) acts of Grid; (ii) changes in or in the interpretation of any law, rule, regulation w ordinance; (iii) strikes, lockouts or other labor p Nle+ns; (its) tra«sportatign delays; (v) witwailabiliry of supplies or materials; (vi) tine or capiosioa: (vii) riot, military action or usurped power; or (viii) actions ar failur" to act on the part of a g0VWMe111,A authority other than G 1os1ler. 12- TYRNCellantarau_a, Eithur party may not assign its rights ot- obligations undo this Agreement without the prior written consent of the criher party This ngrmment anay not be modified or amended (and no right"; %cu: umcic:r may be waived) oxcept through a written instnwient signed by the party to be baturd. 'I his Agroentent comstitute die entire agreement betwccn the parties 4ith respect to the subject matter hsreof and ahali be governed by and misuued in accordance with the laws of the State of Arkwnacts, without giving affect to conflict of law niks. Customer acknowledges and area that thi3 Agreement is not inte-ndtd to be and shall not be construed ;r) be a fTRU01ti8e or basinen opportunity. Li )NITNESS WELERYOF, the parties havt cau,4ed this Agrccxucnt to be executed by their respectrve duly a itltFnized officers as of the date get forffi above. t,:4tSt4mer PruitMaine: i©OEL6 Goveromentrobs.coni, Inc., a (,diforilia r,rattan Sionaturc= t -..-- Print `dame: Date:--- NEOGOti, Inc, Proprietary and GoAdentlal Page 4 of 8 N ail" 2. ffil i: u;, 1, VOrderFormNEOGOV IN RX=IT A — ORK, REQ Customer: Bill To: Address: 7)DOO-00 65.000,001.2 r jkj2jiiq& 1.3 wLiking AGENCY Included 6uvcrnmeii6sxom AnnucC Limme *Mjonal & 240te NO.* 2 Revision. - Valid Fretu: 7 J.(12010 Valid To., Tkidxy Ow 30. da%m 2tdcr Number; Re ue #ed CEt cc Date: LBD Initial"UerM: 1214aI Order S!IMIRr N ail" 2. ffil i: u;, 1, 29. IRS-, IN 1.1 7)DOO-00 65.000,001.2 r jkj2jiiq& 1.3 wLiking Included 6uvcrnmeii6sxom AnnucC Limme *Mjonal & 2Q Sub Total; $7,000-001 MEMMMM"M WERE MTRIMMM,M I N-1_pic ddnEud clusugpdors of LvIervices arc cimtaiwd in Lhc rpr each xcrvi", 9,Muh wu ingorporil hetci>x.:-1d made a v= ligroof by this ferznce- NEOGOV, Int, PropHotaiy aad Confidential Page 6 of e Order Form N EOij JV Order Detail 1.0 Insight (Enterprise Edition 4.1 License Subscription The Custorner's subscription to the Insight Hiring Management Software includes the following functiona'ity: Recruitment Customized online lob application Accept job applications online Online applications integration with current agency website Online job announcements and descriptions Automatic online job interest cards Proactively search your applicant database Real-time database of all appiioant information Recruiiment and examination planning Selecttnn Create, store, and reuse supplemental questions in the Insight item bank Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in THS) Conduct item analysis Test processing (aut,ornatirally input Scantron test data sheets)* Test analysis and pass- oiint setting Score, rank, and referapplicants Appllcant Tracking - Ernsil and hardcopy notl ications EEO Data collectior: and reports TraGk applicants by step/hurdle Schindulca writtcn, oral, and othar exams Detailed applicant history record Skills tracking and matching Reporting and Analysis Collect and report on EEC) data Analyze and report on adverse impact and applicant flow Tack and analyze data such as Lima -to -hire, recruitment costs, staff workload, applicant quality, etc. Over 80 standard system reports Ad Hoc reporting tool MR Automation Create and route job requisitions Refer and certify applicants electronically Scan paper application rnaterials Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM Requires a Scantron or similar Optical Mark Reader (ONIR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A ORDER FORM N170GOV, Inc. Propri eta ry and Confidential Page 6 of 8 Order Form N E01 CO " Additionally, cRiOng the term of the subscription, the CA1StC17ler Will be provided.' Unlimited Customer Support (6:00 AM — 6,00 PM PT) Custarner Support shalt be provided to the Customer beth on-line and by telephone Monday — Friday, 6:00 AM — 6-100ISM PT (excluding NEOGOV holidays) Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package. Product upgrades are automatic anti available upon the next login following a product upgrade rollout_ Product upgrade rollouts are generally released every three months. 1.2 Provisioning The following activities are conducted as pall of the Insight Enterprise implamentation Conduct a project kick off meeting to review the project timeline, deliverables, and establish projecf expectations NEOGOV will establish an Agency -spade training environment that will be used during training and post -training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff NFOCUV will conduct eight hours of an fine instructor led training. NEOGOV will provide all required user exercises and user gu des to the Agency. Once the core user community is comfortable with the system (typically within 10 hours of handy -on use) they will train the remaining HR staff to complete their tasks using Insight_ Between the training and ga-live, NEOGOV will complete the follmving activities: o Creating an agency -specific training envimrnment which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable job bulletin o Integrate your rew production job opportunities, promotional opportunities, and class specffications web pages into your eAsting agency website c Establish the Agency's Insight Enterprise production environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all requirrad user exercises and user guides to the Agency. Follo,Mng the training, your agency will have full across to the training environment Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utiliae Insight. Our existing customers find that this unique Implementation approach enables their users to becorne farnilia- with Insight in a safe environment, pr0M0ting system use and leading to a more successful rollout NEOGOV, Inc_ Proprietary and Confidential Page 7 of 8 Order Form Order Form Terms and Conditions: EOGMI "' 1) The Customer hereby orders and GovernmentJobs.corn, inc. (dWa NEOGOV, Inc., harp -after "NEOGOV") agrees to provide the services described in this Order Form_ THE SERVICES ARE PROVIDED PERSLIANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule Is as follows: Provide all required scftware and Licenses One hundred percent (100%) of the annuaf Iicen5e price is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($7,000.00) Software Provisioning for first half of Insight Enterprise Fifty percent (50%) of the non-recurring costs are to -be paid to NEO130V within thirty 30) days of the execution or this Order Form and Service Agreement_ ($2,50().0x)) Software Provisioning for second half of.lnsight Enterprise (Completlon of past evaluation) Fifty percent (50%) of the non-recurring costs are to he pairs to NEC GOV withfn #hlrty 30) days following the thirty day post -training period. (S2,500A0) 3) Neither the Customer iior NEOGOV will be bound by this Order Farm until it has been signed by authorized representatNes of bath parties_ 4) Changes or alterations to this Order F,rrn wN not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITI ONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTA114ED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV, DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer Signature: Print Name: Title., Date: NEOGOV,linc, Signature; -- Print Name: e =rte ra bete; NEOGOl+, Inc_ Proprietary and ConfiderFial Page 8 of 8 9`it'! GE v&mmF;Tltjob;:.Gnrt1, Inc. dba Noogov CPX11FT S11P Uf 1nSUMnce (page 1 of 1 } 120 3,T01 0 09.25;:741 AM aor CERTIFICATE OF LIABILITY INSURANCE - ° kTEpr oorrrl"' t?!i &r2D1t1 THIS CERTIFICATE IS i,9SIJF:Q AS A MATTER OF INFORMATION ONLY MID CONFERS No RIGHTS UPON THE CERTIFICATE HOt.OER. THIS CEP.TIFICATF DOES NOT AFFIRMATNIZLY OR NEGATIVELY AIIAM, SXTENO OR ALTi R THE COVERAGE AFFORDEA BY THE POLICIES EELOW, THIS CERTIFICATE OF INSURPNCE DONS LVOT CONSTITUTE A GORTRACT aETWEEN THE 15SUIKNI, I14SIJRIFR$a, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATES HOLDER. TWORTANT: It tho cortltkmto holder s anOITIDNAL RISURED, the policylaea} must ba endorsed- It SUBROQATION IS WAIVED, subject to the tcmis and aonditians of the pollcy, certain pol teles rtray require an EM Orsealeat A stndarneut an th[Ei certlfieate dues not tonfar rights to the canUleato holder in Ilan of sLmh ondammetis . PROOUCE'. ccSh,Ta.cr N Tn:Itrlsulbnec F ebl ( 8001 6684M _ ,u _ d77.j-'D,$434 1301 Central Rxpy- quutre, SuiC-s 115 EE-MML Allen. TX 75313 x.lAJc — IrB IIRECI -^--- - - — Cnvrxnmenijobs.C.wn, Inc dba hlaogov Z, N Sepulvode Blvd. Sts =0 EF Segundo, CA 00245 r:C'IVF=;iAr;.FA rM11P-'JnATP rd[]MRFR' I- .___ _„_._ INS[TR RIS APF4RDING C1MfZAnP IrJWKE.RA: HeMrd Casu,*v Tnsuialre Com w%uRER a.; Hardclyd in3EI1 FICC CortTpa ci the w+suReRc: >'rgcx,r{v andCauuaCty Irvauranca C! lrISlFER E S2FlfIFCMlN NI EM RFP. 2D424 X7478 Dd Harlfa 348aD THIS 19 TO CERWY THAT THE POLICIE$ OF INSURANCE LISTED 6:L0%ry P.VE SEEN i$SIJEb 70'IW- IE[u()PIED NAl.1E4 AkoVE FOR TtlL PCLICr PERIOD 1N2(,.ATFTa WMMTMSTANDINCr ANY RET):uIREhIEIJT, TF_R'g1 OR QOAIJDITION OF ANY WNTRAr-T TDR OTI-FFR DOwU0+1ENT lih?TH RESPECT TO WHICH THIS CERTIFICATE MAY BE 1SSUED OR PRAY PERTAIN, THE INSUP,6110E AFFORDED BY THE: POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERI'A ,, C AISIONS AND CQNDIW 5 Of 'W(;M ?OLICIE$. UmITS SHCIOIN MAY HAJlE BEFN RED(lC.ED BY PAID CLAIW. 7"a' EgF1r15uRniCCEPUN. WEI F LdGYrt1+F,FR rGXP VfA1Fs4'tJffrkl Y LIA1175 GENERA!_LIAell rTY .. i Wc14{z:CUF1F' IN .E i 2,DCD,M f - 3AkSEiYlf]1aCGE1•lCRAL.LIRBILITJ h PRL•li!: 'Fa rrm f 9f,( WD L'LAJA:34 .G= OCCUR I I MEREX?Wry' Orapflmli f IWO,' 7ER:ORN.&ATAIINJUR'r S 2,OL0,C0UAAbe465ME:)L24 T,'—,M1)10 112SIM11 Gz'.ILX3G.P-EG4 UMITi'FPLIE5 PF.F' FViQL[,1 r1$-i:4tAF1thP ArjG f 4•LN•CL) AL1i0bFYHlIf lJP61JTY COMEINal U,0. r I RN I S 1p]sA7] tL a3 lent) PR!Y.AUTL"1 O_ULY 11IJUPY(For p6lF7n) S ALLowiw ALITC9 8`';M'e C v°hE CIJ=AL-TO5Yom: 46LIECIY4152 4MC4,2010 1 4M2011 PROPEP.Tr CVAUiGR MIR=GrILiTOS r NW-CIANERAUTOS rFM11 lrL4A F -1A8 CY"VJF. _ Fd yH 1rJ.1 MiU- (] F E)D F.SSL1lCR ELRIr,L rrJ,L« rir+GELi:ATE ___ 0ED11CTi5L: F r fRETE3VTIOri WORF{giS CCVGPEHSAI'Liip3 A i 1 ANDFra[VarEFt3•uAerusr YIN' E L. EACAV-'Urr-NT 1.4.77GGOA1+1'PRDPRtETDAJP.ARTt4EFf)E%ECAJTIirE a WNUERME1A6Jt 0<aL11DEDY MfA 16'JFcuC161 B` M1.2010 lawoll E.L. CY'rJr ;£-E1k Eh1P).OYq ;'1 COO,f4[1l1ManCarorytorant w-- rrtm:im.•und rr DEV." RlF V74 4'F CIPERON110 iS glow r.. LIQSR$Ei-pc%p-.y uh11r S 1AD,W0 D Frufiss!on 1lbhiiiy nrr3 and {3ri yixw.} G'=•-r]r 1r4Y» i2 010 ; if2cl2o-rl 1 ti un•er.y'f A;xlregaL» 3?Rrn,aA01 F;JIJL10r.0 DE`icRt-nL)N E)FdPEhfkTlpr4L I LOak-flG(JSJYEHICLES [Attach AL'OW 101. A",Uviwrl R- riw634iw4,.k, iF ill 4N. psi CR IS rigiilrp* C+h• r i ja4w11awns I nanF asi.etltirnal IrmmrJ u11h r2gerJ to tFe gerw rs.11neilly • LK; ]MA I L HQLL)Iali If:ANtileLLA I IUM 3140ULP ANY OF THE ABOVE DEgGlUnr=b F'''bi,lOU sE CANCELF.VA BEFORE City of Fay+etisviiis TELE EXPIRA-flOTt uATE TMI MF, N071PS YJII L FBF, W NFERED 911 1131Ad Mountain AMDROANCE WTH THE PaLIC'r PROVI$14N3 Fayettelrille- AR 72701 P.UTH0RGJ=6 RFPRE9FNTaiEVz J398t3•iUtFEiAl:UidS1t+VKi'Uh{Af1UN. Atlrlgntsr25Erirm AGDRD 25 (2010109} The AG4RJ'3lTame end Idgo ars mglsterad rElarFtls of ACCIRt74M Missy Leflar Submitted By City of Fayetteville Item Review Form 2013-0218 Logistar Fine Number A City Council Meeting Dake -Agenda Item Only NfA for Non -Agenda Item Action Required: I Np oV jug p r r Chief of Staff Department The Mayor's signature is needed on this $14,500 contract, which is a non -agenda item. This is the software the City will start using for job performance evaluations. Once implemented, the recurring cost will be $12,000 annually, Does this item have a cost? ya5 14,500.00 Gast of this request 1010.1220.5416.00 Account Nurnbar 14,500.00 Category or Project Budget 0.00 Funds Used to Date 0.00 Project dumber Remaining Balance Budgeted Kern? Yes Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Job PerF Eval Software Program or Project Name Software Maintenance Program or Project Categoty General Fund Marne V:2) J:i 72 Comments: Per Purchasing, not subject to competitive bidding as a sole source. This is an add-on component available as a separate purchase that we can add on to the Neogov job application software System the City already has in place, Zayjeejvllle MW =I iA` NON -AGENDA ITEM MEMO To: AllLyor Jordan l'hru; Hon Marr, Chi.ef`of Staff From: Missy Lellar, Human Resources Director Date: Deceurbcr 12, 2013 Subject: Joh Performance Safty are Contract PROPOSAL: THE CITY DF FAYETTEVILLE, AP3{AMSAS DEPARTNI EW CORRESPONDENCE This proposal is for the City said Neogoi, to enter inter a contract for_Cob performance evaluation suffiv le. This item is sold aS an independent "add on" to the Neogov job application software the City already uses for hiring, PA sheets, alyd Tequisitions. Purchasing an "add on" provides the {pity with heater software than it could get for the same money from a brand new. source, plus has the adv mtage o{' being q)ftware- many managcrs already usc. It is anticipated that g e{Iter efficiencies will Yae realized N ith this software, as was Llie case when the City switched from paper job applications to eleclrouic ones. Electronic items can be electronically routed for Wvit!vv and Signature, managcrs will be empowered to look up clue dates / overdue: dates on their employee esalu xlitnrs, and they t°ill also be able to see exactly where a given document is in the review process. Further, software Vri}l pemiit the Citi- to do peer evaluatious and reverse evaluations, -which ineasurc interactions with non-departwerUil co leagaes and nianagcrs' treatment of stiboltlindles, resl)ectively. Many err ployers do those but the City neveT has, sc thiti will help elevate the levol of j rib performanc-e (. Pdb4& AS b1+It}l the prior NCC7goti lII1p1Ci1]CrltaiLDll, no 1T St'sbfI lin-ie M11 be required. 'file platform is housed oil NeoGDv's server, and HR staff will handle the implementation, L- lit(,ore. RECt7N'EMEN D AT I ON : Staff recoromerlds the furcha.5c ofthis software. BUDGET JMPAC:T: Phis itom is already in the approved budget, for the purchase price requested. Service Attreer tq( THIS ON-LINE SERVICES AGR EFMENT (this "Agreement") is made and entered into this i0f). day of December, 2013, by and ben eon GovernmentJolts.coln, 111C., a Califor2ua calZI'oration (dib;'a "NEOCT[_ V"), and the City of Fayetteville, Arkan=5 a public entity ac[ine by and through its duly appointed mprosentative Customer"). 1. Provision oron-line Services. a) Customer hereby engages NEOGOV, ane] NFOCIOV hereby agrees (subject to the tonus and conditions set Furth herein), to provide the services (the "Services") marc Cully described in this Agreement and al Exhibit A Oidcr Form). Customer hereby acluiowledges and ogres that NE:OGOV's provision and performance of the Services is dependent and conditioned upon CU.Mnler"S ALL] performance of its duties, obligations and n:spsms1ilities hereunder. 2 Additional NEOC:G'Vi Il.mcpnsibilities. In connection with the performance of this Agreement, NEOGOV shall be responsible forthe following-. a) LNL.OGOV shall provide all required boli.ting and operations support for the applicatious provides] through this iarcernent. b) NEOGOV shall follow these supporL main[cnmice and other procedures and shall provide those suppoit, maintenance and other services to Customer MUTE Cul1,v described in this Agreement. 3 Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Ser%rices. Gu;tolner shall be reapo Bible f`'or [hc l0110wi1L&: a) NE0GC)V's logos, incllldulg the "powered by" logo, may appear on the "employment opporttmrties", "job description' and other pages of Customer's wala site that the Cus[omer agrees to in writing. b) C:us[omer shall be responsible for ensuring drat (7usti)mcr's ussi of the Services and the performance of Customer's other obligations hereunder comply with all ]auris applicable to Customer_ c) Customer shall be responsible; as between NF.OGOV and Customer, for the accuracy and completeness of all records and databases provided by GistomeJ in ccmnectjon with [his Agreement for use on NEOGOV's system. 4. Owucrshio, Yratgmion and Secucit .r a) The panties agree that the NF.OMV marks and the Customer marks shall both be displayed on and thToogh NE-OGOV's system(s), b) Ownership of any graphics, text, data Or other information or content materials and all records and databases supplied or fmmsbed by GustomLT hcrcunder Cor itecorparation into or delivery through the applicationl,$) de-%-ribe.d in this agreement shall remain with {'umonlcr, and Nl UGOV shall cease use of all such inaterial upon termination of this As Bement. Customer ackliowledges m1d 4gTM; tha[ nothing in this Agreement or any other agreement grants Customer any lictitises or other rights with respect. to'NF.QCi V4 software system (source code or object code) other than the riE:ht to receive Services as mFessly provi&d hrruffi. NHOGOV shall retain all mir iership in the iilteU.ectual property and all other proprietary lights and intests[s associated with KLOGOV's software system and Services aid all components thereof and associated doc:uni Qntati on, C.Xtep[ a; cxpressly provided hereat. d) NEOGOV grants to Customer a firDited licenge dw;ng the term of this Agreement to use and reproduce yl;OGOV's trademarks and logos for purposes of including such trade marlL; and logos in advertising and publicity' NEOGOV, Inc. page 1 of materials and links solely as pennitted hereunder. All users of such trademarks and logos shall conform to C;ustomer's standard guidelines and requirements for use of such trademarks and logos. 5- 1V1 OGOV Representations and Warranties, NE.OGOV warrants that it will perform the Services iu a manner conststent with industry standards reasonabN applicable to the performance thereof. b) No Other Rrarraray. EXCEPT FOR. THE EXPRESS 'X'Ardc& TTIES SET FORTH IN 'II-I1S SL.C'TION 5, TIIE SERVICES ARE PROI'IDED ON AN "AS IS" BASIS, ART) CUSTaNIE.R'S CSE OF Ti IE SERVICES IS AT ITS O1t4'N RISK, NEO(30V DOES NOT MAKE, AND IIERESY DISCL.AaIS, ANY AND ALL OTHER EXPRESS AND.OR I14PLILD WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES 01; MERCILA-NTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGE_NIENT AND TITLL, AND ANY WARRANTIL•S ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT TI IAT T1 IE SERVICES WILL BE UNINTERRUPTED, r-RROR-FREE, OR COMPLETELY SECURE. c) Disclaimer of Actions Caused by ar4dlor Under she Control. of ThirclParries. NEOGOV DOLS NOT AND CANNOT CONS ROL THE I'LOW OF DATA TO OR FROM TIIE NEOGGV SYSTEM AND C fHLR FOR11ONS OF 'I`HL. IN'1'LRNET. SUCH FLOW DLPENDS IN LARGE PART ON THE PERP+ORNIANCE. OF INTERNEX SLRVIC'ES PROVIDE -D OR CON*IROLLLLr BY'1111RD PAR11F.S. AT 'ITME.S_ ACTIONS OR ENAC;TIONS OF SUCH 'THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THL. INTERNE -1- (OR l'OR-11ONS-1142REOP). ALTHOUGH _\LOGOV N•ZLL USE COMMERCIALLY RHASONABLL L1•'FORTS TO TAKE ALL AU'I'lONS 1-I' DELLS At'1'R01'R1A'11--'- TO REMEDY AND AVOID SUCH EV1=N-1'S, NECxiOV C:ANNC}'1' GLARAN I-E:L TRAT SUCH L1%ENTS WILL 'NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FRONT OR RELATED 'CC} SUCH LVLN- I'S. 6. I' Ilei . Vollowing execution of this Agreement, the parties hereto may issue a press rele<1se, the form and substance of which shall be mutually agreeable to the patties, announcing the relationship created by this Agreement. Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party, which consenr, shall not be unreasonahly withheld. 7. Nondiscl+asnre. Through exercise of each party's rights under this Ageeunerw, each panty may be exposed to the other party s technical, financial, business, marketing, planning, and other iafDmiation. and data, in vvaitten, oral, electronic. nnaguetic. photographic andlor orirer ft)rms, including but not limited to (i) oral and written conununicatioos of one part}, with the officers and staff of the other party which are nnal ed or identified as confidential or secret or siTnilarly ukwked or identified and (ii) other cmnmwijuutium; which a reasonable person would recogmj7e fi:orn the sur-Tounding fads and 61-cli natances to tie cnnfidenbal oz secret ("Confidential Information") and taade secrets. In recornitior7 of-tl.)e other party`s need to protect its le -intimate business inrterests, each party hereby covenants and agrees that it shall regard and treat. each item of irrfbrmatiou or data constituting a trade secret or Confidential Information of the other party as strictly confidential and veholly owned by such other party and that it will not, without the express prior >mitten consent of the other party or except as required by law including the Freedom of Information Act of the State of Arkansas. redistribute, market,, publish. disclose or divulge to any other person, fuln or entit ,, or use or rnodifl for use, directly or indirectly in any way for any person or enti6- (i) any of the other party's Confidential Infonnation during the terin of this Agreement and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services (Including any warrld)ty work) are performed by the disclosing, party hereunder; and (ii) any of the tither party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. 8. Liability Limitations. a) If promptly notified in writing of any action brought against Customer Lased on a claim that NEOGOV's NECIGOV, Inc. Page 2 of 8 Services infringe a United States patent, copyright or tnadenrark right of a third part;.- (except to the extent such claim or infringetnent relates io any third party software incorporated into NEO 3OV's applications), NEOGOV will defend such action at its txpense acid will pai arts and all fees, costs or damages that may be finally awarded in such action or any settlement resulting from such action (provided that Customer shall permit# NEOGOV to control the defense of such action and shall not make any compromise, admission of liabiliry or settlement or fake any other actiWi irripairhng the defense of such claim without NEOGOV's prior ivritten approval), b) Customer acknowledges and agrees; (i) that NEOGOV has uo proprietary, financial, or other interest in the foods or services that rnay be described in or offered through Customer's web site; and (ii) that except With respect to any material supplied by NLOGOV, Customer is solely responsible (as bem een -NEOGOV mid Customer) for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through f'usw[ner's web sita_ c) OTHER THAN THOSE WARRANTIES EXPRESSLY SFT FOR1I4 IN TRIS AGREEMENT, NEOGOV DOES NOT MAKE —NY WARRAN'T'IES TO CLISTOI'1lFR OR ANV OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, 111THOUT LIMITATION, ANY W. RR.aiN_TIES OF MERCHANTABILITY OR FITNFSS FOR A. PARTTCI.LAR PURPOSF) WITH RESPECT TO TM SERVICES PROVIDED HEREUNDER, 1tiFOGOV SHALL NOT BF LIABLE TO C.CJSTONIER OR TO ANY OTIIER PERSON OR ENTITY, UNDER ,ANY CJRCUMSTANCE OR Du E TO ANY EVENT R+IIAT5OFVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING:, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE, d) Ender no ciruumstanr.cs :;hall 1;F.:OGOV's total liability to Ctstomer or any other person, regardless of the nature ol' the claim or Corm or action (whethct arising in contract, tort, strict liability or other vise), exceed the aggYgatc amount (if fcc& and revenue rcccivcd by NEOGO)j' heretmdor for the prior twelve (12) month period; i7ro Vidud, however that the Coro{ling limitations set forth in this Section 8(d) shall not apply to actions brought undc't 8(a) above or to aaiv injury to persons or darnages to property arising out of NMOGOV's gross negligence or willful, gross miscoriduct. 9_ Tera and amination a) This Agreement shall eanttnence as of the date hereof and reinain in effect for thirty-six (3d;) moriths unless terminated by either party as set forth hereiii ("Initial Tenn"). b) This Agreement may be renewed for additional terms (``keneiw l Term") equal in duration to the Initial Terin provided C:uufftotnernoties NEOGOV ar least thirti (3U) days prior to the end of the Initial Terra or a kenewal Te mi _ c) NH000V reserves the right to terminate this Agreeinent uninediateh if the Services provided hereunder 1WUMM-1 illegal Or aOntran io any applicable Jxvr, rale, regulation or public policy. Each part, shall have tine right to terniinata this Agreement upon sixt,,(601 dais prior written notice to the other party_ d) Within sixty (60) clays of notification of termination of this Agreement, NSC}CiOV shall provide CaS[ofrier *'kh a dcdicatcd data riles suitable for importation into commercially available database software (e,g., __MS -Access or MS -SOL) The dcdicatcd data Iilas Lvill be comprised of Customer's data contained in I`LOGOV's system, The tructurc of the rcJatitmal datab Lso will be spu,ific to the Customer's data and will not be representative of the proprietan. Tti'F.000V database. NH(X. OV Shall like.wise refund customer its prorate share of prepavinent by customer for twelve (12) rnonihs of scrvice and;or mairatetiance fees or any other atuotum pre -paid by customer to NFOCie I_ 10..Far{nleyttg. a) Inhial Term. Ste Exhibit A ([girder Norni)- b) Rer enval 7ertn(,$)_ For each Rcnewal'1'crr1, NE(Xi )V will continue to provide Customer with the Services, and NEOGOV, Inc_ ---- Page 3 of 8 will provide malutenance Rud support services as described herein, provided Customer issues a purchase order or modification to this Agreement and pays NF.000V in advance the annual rce:urring charges then in effect. If there is an increase in annual maintenance and supporL eharges, NEOGOV stall give Customer written notice of such iuct-t!a's+ aL [cast thirty (30) days prier tet the expiration of the applicable term. For each Renewal Tertn, increases in anrtuial mainLenance and support charges shall not exceed the five percent 11. Force Ma[eure_ N F.OGOV shall not be liable for any damages, costs, exp2ttses ur oLher um6equences incurred by Customer ter by any other person or entity as a result of delay iu or inability to deliver any Services due to circumstances or eVCTIN beyond NEOGOV's reasonable control, includ[ug, without limitation: (i) arLs of Gori; (ii) changes in or in the inLerpretatiou of any law, rule, regulation or ordinance; (iii) strikes; Inckours or other labor problems; (iv) transporladon delays; (v) unavailability of supplies or material.; (vi) flre r cxp[osion; (vii) riot. rrtilitmy action or usurpcd power; or (viii) actions or failures to act on the part of a goven,rnen[al authority_ 12. 1•liscellanegus_ Fithur party may not assign its ligho or obligations wider this Agrernncat without the prior mitten conscriL of the other party, This Agr-eement may not be modified or am.endLd (;incl no rights hereunder may be waived) exc,-pL through a written iustrurnent signed by the party to be bound. This Agreement constitutes the entire anevnnc,nl between the parties with respect to the subject matter hereof and shall be governed by and constmed in aucordanu with the laws of the State of Arkatlsas, without, giving ef1:x:L to eonliict of law rules. Customer aeknowlcdges and agrees that this Agreement is riot intended to be and shall not he construed to be a franchise or bLLRine&S opportunity, IN WITNESS WHEii)• OI1 .. par -desthe have caused this Agreement to be executed by their respective duly authorized oficcrs as ofthe date set forth Customer signature: Print Name: Title: 1 zr 0 r- . C;overnrnenUohs.aorrn, 1r1c., a California ca ation Signature:-'?-` Prt11tINdin c: ? Cott 1.4'1(1uTTf4'aSl Title. president Date: l 1- L3 NEOGOV, Inc_ Page 4 of 8 Order Form NEOGOV" EXHIBIT A — ORDER FORM Customer: Lill To.. Fayetteville, Cite of Arkunsas x iti3 } Fayetteville, City of Arkansas Missti I.etlnr Missy Lesflar Human Rvsoure;es Dirouur J 13 Nest M auntain tt lfil.s+?lixy`ette'ille-ar.nv Fayetteville, AR 72701 479) 575-829$ 2,500.00 Quote 12!1212013 Revision: 1 Valid From: 12111-2013 1},500,00 Valid To: 12131/2013 Order. Tau lAver. Rcunested Service Date: TBD Taitial Terni: 12 141(-)n[hs Order 5urnmary Nalm-N.M."-zti .. r.l x iti3 } fif d 1,0 Performance Evalumtiorl 1.1 License Subsciiption X00 12,000.00 l? Provi inning 2,500.00 1.3 cin -line User Training 2 Total 1},500,00 Tlimited Customer Supportort M — r_ 6:00 AM — 6:00 PM PT Included Pr{duct l-pgrades to Licensed Software Included NEGGGV, Inc_ Proprietary and Confidential Page 5 of 8 Order Farm EXHIBIT A — ORDER FORM Order 113etail 1.0 NEOGOV Perfgrrnance Evaluation (PE) 1.1 FE Subscription License NEOGOV'" I he annual license forthe INEOGOV PerfuTmance F.Yaluations Sofrwam includes the followhig: Configurable Performance Fvxluations Development Goals Team. Grouping Contig;urable Wc5rk How Goal Library Ability to Dcsign Cumgcn Forms Shareable Competency Content Form Templates goal copying. Configurable Rating Scales Ability to Re-usL; Coals Batch Foran CYEr ation Ori C:hnrts Geral Alignment Archiving Fornts f;onl Hierarchy Uploading Content Writing Assistaut —Shared Con.#ent Additionally, during the term of the subscription, the CLLctorner wiII be provided: Product Upgrades to Licensed Software Agencies receive all prodac-t upgrddcs La pumhwied package_ Product up_arades -we automatic and available upon the next login following a product upgrade rollout_ Product upgrade rollouts are generally released every three months 1.2 PF Provisioning; The follo',Ving; activities arc conducted as part of the NEOGOV PE implementati{an assign, a NF000V project implementation specialist Conduct proicct kick ofT conference call to provide an oymNiew uNbc sy.Acui, rcv[nii implementation plan, and discuss dcJIvtrables timel'trte, project roles and assignirncTiLs Fstablish ;tour agency's Perforruance eVaitaatioll production unvirantnettt Provide impart of existing employee data into the sti'stcm 1.3 PE Training Training is a one-time cost mid includes the IollowiFLo' Lftilimited online training; with on -demand, sclf-running tutorials Access to monthly conference calls %kith PF users Access to the online NFOG(.)V Community, a discussion forum to network witli other LLscrs and provide ansivers to your PE questions Customer Support shall be prwrided to N, Customer both on-line and by telephone Monday Friday, 6 -OD AM—b.00 PNI PT (excluding \FQCjOV holidays). NEOGOV, Inc_ Proprietary and Cotliidential Page 6of8 Order Form Order Form Terms and Conditions: NEOGOV" 1) The Clwtomer hereby cadets and Goveimmerltlobs.cotn, Inc. (d,Wa NEOGOV, Inc., hereafter—NL;OGOV") agrees to pruyWe the services described in this Order Form, TIIE SERVICES ARE PROVIDED FERSUA1tiT TO THF TFRNTS ,kND CO:ti OITIONS OF TIES OPDER FORM AND TIIE SERVICE AGREE vIENT BF.TW F.F._I NFOGOV AND TIIE CUSTOMER. 2) The CustNner agrees that the pa,-cncni sehcdulc is as follows: Provide all required software and licenses One buiAred percent (100%) of the annual Iicense price is payable within thirty (30) days 0C0X *Guticm orchis Order Fonn and Service Agreement. ($12,000.00) Software Provisionin One hundred percent (IW%) of tte non-recurring costs are to be paidtoNl=OGOV within thirty. (30) days tar the execution of this Order Form and Sorvice Agrmnent. (52,500.0) Training Onc hundred Txrcc.-n[ (100%) afthe n4p-reeurt ng costs are to be paid to NEOGOV witluu thirty. (30) days of tho Cxecution of this Order Fran and Service Agreement. ($0) 3) Neither the Customer nor NEOGOV will be bound by this Order florm until it has been signed by au1h0Tizcd representatives of both patsies. 4) Changes or alterations to this Order Fortn will not he acui;pwd. TIIEREARE SIGNITIC:ANT ADDFI IONA)L IE-KNIS ANlD CONUI'llUN5, WARRANTY DTSCI.ATNITF,RS ,,Np LIABILITY LIMITATIONS CONTAINED IV THE SERVICE A(IRE EMENT BETIWFFN THF 0JSTOJMFR AND NEOGOV. DO NOT SIGN THIS OkDLR1 ORM BEFORE YOE" HAVE READ THE SERVI(:F. AGRF.FMFNT IN TTS ENTIRETY, YOUR SIGNATURL• BELOW 1Nll1GA1'1 S FHA1' Y0LJ HAVE. READ THE SFRVTCF AGREEMENTAND AGREE TO BE BOUND BY FIS PROVISIONS. C.11 dimE+r NEOCOV. Inc. Signature. Signature: Fant Mame; Print NamejGtrrca Title; llr Title; Date, i Date; coil Letaumeau President _ NEOGOV, Inc_ Proprietary and Confidential Page 7 Of 8 113 West Mountain Street Fayetteville, AR 72701 479) 575-8323 Resolution: 15-19 File Number: 2018-0773 NEOGOV ANNUAL SOFTWARE MAINTENANCE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE FROM GOVERNMENTJOBS.COM, INC. D/B/A NEOGOV FOR THE CITY'S HUMAN RESOURCES SOFTWARE IN THE AMOUNT OF $24,707.03 PLUS APPLICABLE TAXES WHEREAS, the City has utilized the NeoGov's human resources software since 2010; and WHEREAS, state purchasing laws exclude software maintenance from competitive bid requirements and staff has determined that continuing to use NeoGov's software would provide the best value to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Order Form attached to this Resolution for the purchase of annual software maintenance from GovernmentJobs.com, Inc. d/b/a NeoGov for the City's human resources software in the amount of $24,707.03 plus applicable taxes. PASSED and APPROVED on 1/15/2019 Page 1 Attest: Sondra E. Smith, City C snt': GST Y 0'r ; S - f'AYEI7EVILLE; r<< I11111 1116119 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 1 (479) 575-8323 Text File File Number: 2018-0773 Agenda Date: 1/15/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 NEOGOV ANNUAL SOFTWARE MAINTENANCE: A RESOLUTION TO AUTHORIZE THE PURCHASE OF ANNUAL SOFTWARE MAINTENANCE FROM GOVERNMENTJOBS.COM, INC. D/B/A NEOGOV FOR THE CITY'S HUMAN RESOURCES SOFTWARE IN THE AMOUNT OF $24,707.03 PLUS APPLICABLE TAXES WHEREAS, the City has utilized the NeoGov's human resources software since 2010; and WHEREAS, state purchasing laws exclude software maintenance from competitive bid requirements and staff has determined that continuing to use NeoGov's software would provide the best value to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Jordan to sign the Order Form attached to this Resolution for the purchase of annual software maintenance from GovernmentJobs.com, Inc. d/b/a NeoGov for the City's human resources software in the amount of 24,707.03 plus applicable taxes. City of Fayetteville, Arkansas Page 1 Printed on 1/1612019 Keith Macedo Submitted By City of Fayetteville Staff Review Form 2018-0773 Legistar File ID 1/15/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/21/2018 INFORMATION TECHNOLOGY (170) Submitted Date Division / Department Action Recommendation: Approval of an annual maintenance renewal form for NeoGov's Applicant Tracking and Performance Evaluation Software Maintenance pursuant to the exiting City of Fayetteville NeoGov agreement. 1010.120.1220.5416.00 Account Number Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: General Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget 40,110.00 14,400.00 24,707.03 L,UUL.7 VZU76UJZ7 Previous Ordinance or Resolution # 215-17 Approval Date: CITY OF FAYETTEVILLEW4WARKANSAS MEETING OF JANUARY 15, 2019 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Michele Bechhold, Assistant HR Director CITY COUNCIL MEMO FROM: Keith Macedo, Director of Information Technology DATE: December 21, 2018 SUBJECT: Approval of an annual maintenance renewal form for NeoGov's Applicant Tracking and Performance Evaluation Software Maintenance pursuant to the exiting City of Fayetteville NeoGov agreement. RECOMMENDATION: Staff Approval of an annual maintenance renewal form for NeoGov's Applicant Tracking and Performance Evaluation Software Maintenance pursuant to the exiting City of Fayetteville NeoGov agreement. BACKGROUND: The City initially contracted with NeoGov, on December 16, 2010, to provide applicant tracking and online job posting software in the amount of $7,000.00 per year. The City added NeoGov's job performance evaluation software, in the amount of $12,000.00 per year, on December 20, 2013. Both of these contracts were administratively approved since the total cost of the annual contract was less than $20,000.00. Since 2013 the City has paid NeoGov $19,000.00 per year for their applicant tracking, online job posting, and performance evaluation software. Although NeoGov's 2010 and 2013 service agreement contracts both contained price increase clauses per service agreement, NeoGov did not increase their prices until 2017. City Council approved a renewal agreement with NeoGov on October 17, 2018 per resolution 215-17. DISCUSSION: The attached renewal is subject to the terms within the existing service agreement contracts and quotes a new renewal rate, in the amount of $24,707.03. Per the existing service agreements, NeoGov can request an increase in annual maintenance, which is capped per service agreement term. Staff reviewed the increase in annual maintenance, contained within the attached renewal form, and verified it falls within the service agreement terms. BUDGET/STAFF IMPACT: Staff recommends approving the NeoGov applicant tracking and performance evaluation software renewal amendment in the amount of $24,707.03, with a 5% escalation per service agreement term, as documented in the service agreements. Annual software maintenance for NeoGov is funded within the General Fund Human Resources division operating budget. Attachments: Staff Review Form, Staff Review Memo, Renewal Form, NeoGov Agreements Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 f- -k .,. N EO EXHIBIT A — ORDER FORM Customer & Customer Address: Hill To [i( different [Iron Cum omrr Address): Keith Macedo, CGCIO Inlonnanon Technology Director City of Fayetteville. Arkansas Description' Non-Recurriniz Fees Quote Date: Valid To: Today plus 30 days Initial Term: 12 Months from the date of exectnion of this Aur"ment. 12/16/2018— 12/15/2019 Billing Frequency: Annual Line Description' Initial Annual Recurring Fee= 1. Insight Enterprise Edition (IN) Subscription Training 11.177.03 2. GovernmentJobs.com .lob Posting Subscription (GJC) Setup and Im plementation 3, Perform (PE) Subscription Trainin S13,230.00 Onboard ON Subscription Setup .and Im plerncntat inn 5. Learn LE Subscription Training 6 NEOGOV Integrations Subscription 9. Learn LE Sub I_r,[al S2I:?07.03 Nan -Recurring l=ees Line Description' Non-Recurriniz Fees NLOGO V Services 6. Insight (IN) Seto and Implementation Training 7. Perforin (PE) Setup and Im plementation Trainin 8. Onboard (ON) Setup .and Im plerncntat inn Training Onboard form building as Professional Service 9. Learn LE Setup and Implementation Training 10. NEO[iOV Inle rations Setup and Conti oration f i! Sub Total: N/A Order Tolal: S24,707.03 Items designated as Not Applicable, N/A or NA on the Order Form are not included in the Services. Customer may request a quote for these items at their discretion throughout the Term. 2 The annual recurring Pecs for a Renewal Term are subject to increase pursuant to the Agreement. 1. Dcscripliol ofS ryteet a) Insight I:nterlarise_UNI. Insight Enterprise (IN) is designed to address five major areas of human resource activities including recruitment, selection, app' (cant tracking_ reporting and analysis, and I I R automation. As described below, Insight Enterprise (IN) enables agencius. Io post class sfrecili,atiof's online, postjeth an no Lill ceMerits on Customer websites; accept online applications, condfw1appIicant tracking including EEO and thcrstausticaI amilysis, create email/hardcopy applicant notices, complete item analysis, create/routdapprove mquisitians and hire actions online, and centiy eligible lists electronically, A Subscription to Insight Enterprise (IN) will include the following: Recruitincnl: Onlinc,job application Configurable Career site Automatic onlme.lob interest cards Recruitment and csaniination planning Annlicatit 7rttekine: Eniail and hardcopy notifications EI:O Data collection and reports Selection: Configurable supplemental questions Define unique automatic scoring plans Test analysis and pass -point setting Score, rank, and retcr applicants RMptl P slid A i tat tis- 90 standard system reports Ad hoc reporting tool I'aee I of -1 Track applicants by step/hurdle Schedule written, oral, and other exams Candidate self-service portal for scheduling and application status Career I>g es . NEOGOV will provide the URLs for the Career Pages, which the Customer will use to advertise on their website. Customer will need to change the IP addresses for the following three Customer website links (NEOGOV will provide the new link addresses): Job openings Promotional job openings Transfer .lob openings Class Specifications Job Interest Cards Qpticit Onwgratg ions: Customer may export data from and to Insight Enterprise (IN) to integrate with other systems. Specifications regarding optional, for cost, NEOGOV integrations can be made available to Customer, including: Configure New Hire Export Interface Configure Position Control Import Interface Class Spec Interface Employee Integration As part ofeach such integration, NEOGOV shall: Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings. Provide Integration Worksheets and/or guides. NEOGOV"' HR Automation: Automatically route job requisitions and hire actions for approval Automatically score and pass/fail applicants based on scoring plans Automatically email users when there are candidates sent to them for review Automatically email jobseeker job interest card notices for jobs posted on the main job openings page Insight'rrainine: NEOGOV will create a Customer -specific training environment for Insight Enterprise (IN), which is used by Customer during training and afterwards to train in prior to moving into production Customer will have full access to the demo/training environment setup for Insight Enterprise (1N), NEOGOV training is available online (web -based, pre -built, content) unless otherwise proposed as included in the Order Form. NEOGOV's pre -built, online training consists of a series of web courses as well as a series of hands-on exercise designed to introduce the standard features and functions and may be used as reference material by the staff following training to conduct day- to-day activities. The pre -built, online training includes exercises that are designed to be flexible enough to allow Customer led training sessions internally to introduce user -specific requirements and processes for staffto learn the system as closely as possible to the customer's actual recruitment processes after go - live. b) w tJobs. com Job Piming Subscription. A subscription to GovernmentJobs.com .lob Posting Subscription will include the following functionality: Enables organizations to advertise their job postings created in Insight on the GovernmentJobs.com website. May add an unlimited number of postings Note: Jobs advertised on the promotional and transfer webpages are not advertised on GovernmentJobs.com as these are typically for internal employees. c) Perform (PE). Perform (PE) is designed to address the major areas of human resource activities centered around employee performance management. As described below, Perforin (PE) includes built-in workflow for business processes, configurable tasks, performance evaluations and reports. A subscription to Perform (PE) will include the following: Configurable Performance Evaluations Ability to build Library of Goals, Competencies, and Writing Assistants Shareable Competency Content Development Plans Configurable Process Workflows Scored and Non -scored Rating Scales Log of Performance Observations throughout the year Peer Reviews & Multi -rater capability Configurable Email Notifications Automatic Evaluation Creation Ability to perform actions in bulk for Employees & Evaluations d) Onboard (ONI. Onboard (ON) is designed to facilitate the onboarding process for new hires. As described below, NEOGOV maintains standard forms as part of the annual subscription, Agencies shall maintain any custom forms created by Customer. A subscription to Onboard (ON) will include the following functionality: Electronic Employee File of Onboard forms Federal 19 and W4 forms Checklists of tasks to create specific Onboard process by position, department, division or class spec Configurable new hire portal Ability to promote, rehire and offboard employees (task assignment based on new position) Global forin bank Configurable Email Notifications Automation of Onboard process Build your own Onboarding forms. Onboard (ON) includes Federal 19 and Federal W4 forms which are updated as new versions are released Additional forms or form maintenance is available from NEOGOV at the following cost: Background forms $295 per form Dynamic Forms $195 per form Updates to existing forms $200 an hour e) Learn (LE). Learn (LE) is designed to provide a seamless experience for organizations to train and develop employees LE addresses the critical need of organizations to ensure completion of required trainings By tracking both in-person and online (raining in one central place, organizations can improve employee perrormance and safely and reduce risk and liability claims. A subscription to Learn (LE) will including the following: Create, schedule. enroll learners in. and track completion of online and in-person, classroom trainings Pa_c 2 of 4 NEOGOV"' Ability to upload SCORM course content tiles Certificates after course completion Learner transcripts & class rosters Course catalog with configurable categories for learners to browse Centralized dashboard that displays all required and elective trainings (online and in-person) that employees are enrolled in r Hundreds of `off-the-shelf' online courses Learn Setup and Implementation will include the following activities: NEOGOV will work with Customer staff to understand the existing processes, as well as other workforce business practices, where applicable. NEOGOV will establish Customer's production environment All NEOGOV products will be implemented off-site. f) NEOGOV Training, NEOGOV training is available online (web -based, pre -built, content) unless otherwise proposed as included in the Order Form NEOGOV's pre -built, online training consists of a series oftutorials to introduce the standard features and functions and may be used as reference material by the staff conducting day-to-day activities. g) NEOGOV ImplenteilistLi r1. The following activities will be conducted as a part of the Services: Customer to review the project kick-off tutorial for information on the project timeline, deliverables, and establish project expectations. NEOGOV will work with Customer staff to understand the existing processes as well as other workforce business practices where applicable. NEOGOV will establish Customer's production environment. All NEOGOV products will be implemented off-site. Customer may integrate NEOGOV solutions with other systems using standard NEOGOV integration tools, export data from Insight Enterprise (IN) using web services and/or flat files to integrate with other systems, but the specifications and scope must be defined prior to agreeing to a timeline or price. Following NEOGOV product rollout, NEOGOV and Customer will confirm the rollout was completed successfully and that any production questions are addressed promptly h) NEOGOV Intearntions.. NEOGOV offers Standard Integrations as well as platform APIs for third party system integration(s). A subscription to Standard Integrations includes the following: Conduct project scope, review integration plan, discuss timeline, and set schedule for required meetings Annual maintenance by NEOGOV Employee import and export Department division position import and export Note: NEOGOV APIs are to be configured directly by Customer staff using NEOGOV documentation. If required, professional services may be included by NEOGOV to help define and validate scope, business requirements, timelines, and associated costs (if applicable). 2. Order Form Terns. a) PaMenLTcrgI4. Customer will pay all Fees set forth in the Order Form or SOW in accordance with the following: (i) NEOGOV Fees are invoiced annually in advance and NEOGOV may invoice all Fees due under this Agreement in one invoice for each invoice period; (ii) invoices shall be delivered to the stated "Bill To" party on the Order Form (iii) Customer shall pay NEOGOV the applicable fees (collectively, the "Fees") within the applicable time periods as follows: A) Customer shall pay all annual recurring Fees (including for any NEOGOV Integrations) for the Initial Term within thirty (30) days of the date of Customer's execution and delivery of this Order Form; B) Customer shall pay all training Fees within thirty (30) days of the date of Customer's execution and delivery of this this Order Form; C) Customer shall pay all setup and implementation Fees within thirty (30) days of the date of Customer's execution and delivery of this this Order Form; D) any other Fees owed by Customer to NEOGOV pursuant to this Agreement shall be paid by Customer within thirty (30) days of Customer's receipt ofNEOGOV's invoice therefor; E) Customer shall pay all annual recurring Fees (including for any NEOGOV Integrations) for any Renewal Term within thirty (30) days of Customer's receipt ofNEOGOV's invoice therefor. NEOGOV may, in its sole discretion, increase the Fees for any Renewal Term. NEOGOV shall provide Customer with written notice of any such Fee increase at least sixty (60) days prior to the coin inencement of such Renewal Term. Upon execution by Customer and NEOGOV, each Order From and/or SOW is non -cancellable and non-refundable except as provided in this Agreement, and the Term as set forth in the Order Form for NEOGOV subscriptions is a continuous and non -divisible commitment for the full duration of the Term regardless of any invoice schedule. b) Online $er gi Agreenlenl. This Order Form is an attachment to and part of that certain Online Services Agreement (the ILAgreemcnl") by and between NEOGOV and Customer Terms not defined in this Order Form shall have the meanings set forth in the Agreement. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE AGREEMENT. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT IT HAS READ THE AGREEMENT IN ITS ENTIRETY AND AGREE TO BE BOUND BY ITS PROVISIONS. c) !'ITeeyveness. Neither Customer nor NEOGOV will be bound by this Order Form until this Order Form has been signed by authorized representatives of both parties d) Mndil ca r ns. This Order Form may not be modified or amended except through a written instrument signed by the party to be bound Pnuc 3 oh -1 NEOGOV' M IN WITNESS WHEREOF, the parties have caused this Order Form to be executed by their respective duly authorized officers as of the date set forth below. Customer: Signature: Print Name: Title: Date: 1 j-&Vq NEOGOV: Governmen7 zSignature: Print Name: hn Closs Title: Controller Date: 12/26/2018 Pae 4 of'4 City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements NIA City Council Meeting Date Agenda Items Only Missy Leflar Human Resources Finance & Internal Services Submitted By Division Department 12,000 Job Applicant Software Cost of this request Category I Projoct Budget Program Category I Project Marne 1010.1220.5209.00 Account plumber Funds Used to Date Program I Projert Catagory Name General Fund Project Plumber BudgBted Item Remainiriy Balanoe Fund Name Budget Adjustment Attached 0 Department Director Date I , City Ata- G Date ca-_ Financeand Internai Services Director Date Previous Ordinance or Resolu0on # Original Contract Date: Original Contrart Number_ Received In City 12-16-1 ,)P(13:22 RSV p Clerk's Office j ) k. n Chief of [, I Date Received in twfayar's Office Ma, Commerts: Revised January 15, 2009 Service A reemenf T! Cy_Y-LM- 9EAVIChS AGLL M HUNT (dii4'`Apvhncnf l is naddo ruxsl ma -TLA into. Eli* RIO. _ dly of 2010, by and betwuLn Governrnent,lobsr Wm k Inv-, a California corperratiolt J-OGOV" j, and Cllr- Citi} of Fayetteville, Arkansax a public entity acting by and through its duly appointed representative ("Camonier" ). 1. .k'r4vfSipll aIi]n-lir3e ervicps_ a) Custom r hereby onipacs NF.OGTOV, and NF.:OGOV hereby agrees (subject to tate Trans and coudirions set frith herein), to provide the services (the `'Services") inore fully described in this A,greentent and in Lxh-N1 A Order Form). Cusinmtr hereby adniowledgm, and agrees that NF.OGOV'c provision and performance of the Scrviccs N dcpcndcut and conditioned upon Customer's full performance of its duties, obligations arid responsibilitit:s hereunder. 3. Additional NF;O(;OV Res onsibil,ities. In connection with the perfortniw ee of This Agreeanertr, NE -060V hall be responsible for the follou•in'g: a) NEOCOV :shall provide all required hosting and operation~ support for the applications provided through this agrm,rnunt. b) N.LOGOV shall follow the}tic support, maintenance and other pooedu s and shall provide those support, maintenance and other services to t.ustc)mcr more fully dcseribLd in this hgrecment. 3. Customer ke9wilsibiiltlei_ Lu comiectian with the performance of this . brmcmcnt and the provision of the Services, Cu stonier shall be responsible for the following: a) C:usioinef shall be responsible for ensuring that Customur's use of the Services and the performance of Omwmer's other obligations hereunder comply with all laws -applicable to aLstomer. b) Cumorner shall he responsible, as betwmi N-DOGOV and Customer, for the accuracy and e-unplctcness of all records and databases provided by Customer in connection wide this Agneentettt for cine on NL'OGOV's s}:socia. 4. OwnerKhlp, Protections and 5eeuirl . a) Ownership (if auv braphicti; text, data Or other infcrrmatiO3z or convent inaterials and all records and databases supplied or furnished by C,'u.%toincr bereunder for incorporation itito or delivery Through the. applicirion(s) described in Lbis arc cirncnt shall remain .with Cikstoirier, ;end tiiFOCTOV shall cease Im. of all such ntaterial upon terntittation If this AjP7CC1ncnt_ b) C'uslorner xoknowledgcs and agrees that nothing in this Agreement or any other agr".inent araats Customer any lice-mia ur ulhtT rivhts with rc-,pect to NF.00TOV's software systc m (,%ounce code or object code) otkter than the right t0 receive Services as expressly providcd licrtiin_ NFOC.MV shall u2tain all owrtersbip its the intellectual property trod tell Mier proprietary rightts and intcrcyts associated with NF.QCTQV's software syatein and Sen ices and all cumponcnl, then of and xsstsciatcd documentation, except a5 zxpt :sly ptnvided hemin. e) Ni ()GOV TanLs Lo Lu:tLoinur a limited licca -e (luring the tern of this ,Agr"..=.jit to use and repl'oduce Ilb.C1GOV's tradcmarks and logos for purposes of including such TrademaljCB and logos alt Aveilisinp and publicity materials taxi links solely as perrnitt d Hereunder. All i1se,$ of such trademarks and logos shill Goflforrn to Custontcr's standard puidclincY and requirements foruse of such trademarks and logos. NEOGOV, Inc. Proprietary and Confidential Wage 1 of 8 5• NF.0Cx0V Reoresentutiocs and War•rantiea_ a) Sa vice Perfornwnce ;Farvanly. NEOGOV warl'ailts that it hi 11 perform the Services in x manner t.onsild= with industry standards reasonably applicable to the performance thereof. b) No Odder Tfatranty. EXCEPT FOR TIIE EXPRESS WARRANTIES SFT FORTH TJX THIS SFC TION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CTJST01v1FF'S USF. OF THE SFRVIC ES TS AT ITS OWN RISK, NEOGOV DOES NOT IYLAKE, AND IIEREBY DISCLAIMS, ANY ANT -D AT.T. OTITFR EXPK.E.SS ANDIOR LMFL LD WARR.A:N'1ILS, INCLUDING, BUT NOT LIMITED TO, N ARRANTikS OF IVILkC HANTABILIT'Y, FITNESS FOR A PARTICULAR PURPOSE, NONIN-FRINGEIw1.EN T AND TTTT.F.; AN]] ANY WARRAN'fIL•S ARISING IROM A COURSE OF HEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOLS NOT WAP2_AN1 '1'Il.A'r S'l jr SURVICES WILL BE UNINTERRUPTED, ERROR -FREE; OR CONI PLl~, FELY SLC LJRL. c) Dfscl aimer of Actions Caused by raniVor Under dhe C.onsrol of Third Pansies_ NEOGOV DOES NOT AND C:AVNO.1' C0N"I'ROL IAE- r•LOtV Of' DAI A TO OR FROM TUE NEOGOV SYSTEM ANIS OTHER POR IONS 01; TRE IN''1''LRIti'1`T. SUCH TLOW DEPENDS E- LARGE PART ON TIIE PERF'ORINIANCF OF 1N'1Ei?NIr1' SU-RVICLS PROVWED OR COislrROLLLD BY TIIIRD PARTIES, AT TIMES, ACTIONS OR 1NAC'n0N8 OV SUCK '1'AMI) PAR7IIES CACI IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE 1NTE.i2NE1 (Ok P0kIIONS '1'1- ERLOi:), ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONAE3LL L -'l i-*OKI'S 'i'0 '1'AKL ALL AC"L1ONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCA EVENTS. NZEOGOV CANNOT GUAP ATTTEE THAT SUCH EvTNTS WU_.i. NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABII.ITY RF,SLI.TING FROAI OR RFI.ATFD TO SUCH EVENTS. 6. FE il)tioitv. Follow=ing exccu ion of this Agreement, the partiea hereto nray issue a press; release; the form and substance of whicb slu l be inutually agreeable to the lrardeS, annou31611g the rclatiomhip creawd by thio Agreeineiit. Except as expressly contemplated herein, neither party shall ixsuc any additional pres.4 Tclease which mentions the other party or the transactions contemplated by this AUccincnt wid-lout the prior aonst-nL of the othtr party, Which conseirt shall lint be unrea5onal)1y urithlicld. 7. Nontdiyelowye_ Through exercise of each party`% r ights Luidcr this APINsrriMIL, each party may be exposed to the othcr party'4 tccluiical, financial, bWdncs-.t, marketing, planning, mud other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written communications of one party tvkh Lhe offrccn, arid stftff of the o€her parry which are marked or identified as corifrdeutial ar scuwL or similarly marked or identified and (ii) other communications which a reasonable person would rcco *},Flint from the surmundiug fael3 and circrmislances ro be confidenrial or secret ("Confidential Information") and trade Secreta In rresognition of the odier party's need to protect its legitirmte business interests, each party hereby coveriants and fipws rhat it sl><ilt regard and rreat each item of iiifortmition or data constituting a trade secret or Confidential information of the other pfu-ry as strictly confidential and wholly owned by such other party and that it wiU nor, without the express prior writreai consent of the other party or except as required by lave iWILtding the freedom oflnformation Act ofthe State of Arkansas, redistribute, market, publish, disclose or divulge Lu any other person, firm or entity, or ase or modify for use, directly or indirectly in any way for any persou of endty, (i) any of the other party's Confidealtial Information during the term of this Ag remert and for a period of- thrz® (3) ;nears after the termination of this Agreement or, if later, frown the last date Services (inctud ig any Warrant work) are performed by rhe disclosing parr; hereunder; and (ii) any of the other parry's trade secrets at a 11 time daring INhiCh such inforinarion shall constittite. a trade secret under applicable law. K. Liability Lim]hations. a) if prouiptty notified in Ariiitig of any action broughr against Customer based on a claim that NEOGOV's 5crvicts infringe a UniLed Slates pfLLent, 4_10pyright or trademark right of a Third party (except to the extent such claim or infringcrnenl rclatcs to any third party software incorporated uiLo NEOGOV+-s applicadons), NEOGOV will defend Yucb action at its expense and All pay any and all fccs, cu -.;Ls or ciaufx e4 lhai May be finally awarded in such NEOGOV, Inc_ Proprietary and Confidential Page 2 of 8 3rtion or any settlement resuldilg from suob mtJon (providexi that C:usnomet sliall permit ",JFC)CiQV to control the defense of such action and shall not make any conlprorni€e, admimion of liability or settlement or take any other action impairing the defense of such claim without NEOGOV"s prior written approval), b) Customer XImowleclges and agrees: (i) that 'NEOGOV has iso proprietary; financial, or other interest in the goods or smices that may be described in or offered ilimigh Ctisroiner's web site; and (ii) that except with respect to ant> material supplied by NEOGOV, Custorner is solely responsible (as between NEOGOV and Customer) for the content, qualky, performance, and all other aspects of the goods or services mid rile information or other content coulained in orpruvidcd throuch Cu3Lomsx'4 web site C) OTHER THAN THOSE WARRANTIES EXPRLSSLY SET FORTH IN 'PILI$ ACRE,El!'L'ENT. N OGO V DOES NOT M.ANT ANY WARRANTTFS TO C 1,STOMER OR ANY OTHER PERSON OR ENTITY,', )` ITHER EXPRESS OR 10,11PLIED (ENCLUDING, i"-TTHOUT I.MIT.ATIo , ANY WARRANTIES OF h' IERCHA,NTARRI'fY OR IFTINI SS FOR A P.kRTiCjJJ:AR PURPOSR) WITH RESPECT TO `T'1.E. ,SERVICES PROVIDED IIEREU DFR. NFOGOV SHATJI NOT BE LIABLE TO CUSTOMER OR TO ANY OTHRR PERSON OR ENTITY, IJNDER ANY CIRCUMSTANCE 0R DUE TO ANY EVENT WHATSOFVRlR, POR CONSEQUENTJAL OR iNDTRFC:T DAMA(.:ES, 1NC'.IAMINq, WITHOIJT LTiVJITATJON, LOSS OF PROFM LOSS OF [JSF• OR IIIJS1NESS STOPPAGE. d) Under no circumtitamcs ,hall ITC?GOW4 total liability to CMIUMtZ or any other person: regardless of the nature of the claim or fan of aotiou (whether witting in contract, tort, strict liability or otltenvise), excec4 Govermiaentjobs.corn hic.'s Certificate of lr,srtrmrlce and NEOGOV has agreed to rune Ctisrorner as an insured on said liability insurance per attached l:x iibit "A" provided by NLOGOV. prmided, however that the foregoing limiradons set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury ro persons or damages to property arising out of NL;OVOV's gross negligence or willful, gross misconduct. 9. Term and TCt'] Motion. a) This Agreement sludl commence as of January 1. 2011 acid relmin i» a feet fbr twelve, (12) rponths sinless termiruted by either rang as set #Orth herein (" Initial Tend ), b) This Agreo Ment may be reneweed for additional germs ("Renewal Terri') equal in durmion to the. initial Tenn provided Cimtomcr notifies NFf 1GOV at leatit thirty (30) da}:ti prism to the enol of the: initial Tenn or a Renewal Tmn_ It is anticipated that the parties ~hall in gond faith commence active: diwumitms each Scptcmbur- conccining whether and under what temlR tO rcncw fiir the following calendar year. c) NE000V r:.=vc4 the right to tmminatc this Abrrcement iminediau:ly if the Services provided hereunder become illegal or Coutrary to any applicable law, rule, rcgrulatitm tar Public policy. Each parly shall have the right to lbm nate this Agrecrnuitt upon sixty (60) clays prior wrium notice to the other party_ d) Within sixty (60) daps of nolifieatiozl cif termination of this Agrcemcnt, NEOCiOV shall provide i LnuurnCT with U dedicx(cd data files suitable for importation into commercially ttvailttblo database softwar: (e_g., MS-Access or MS-SCOL) 'f'hc dcdicalcd data fides will be comprised of Cmtmnur`s data contained in NEO(YOV`5 sySt;Kn. 1'h;; structure of die relalional database will be ipecifre to Lhc Customer's claim and will not be representative of dir Proprietary NhOGOV datstbase 1J1:000 V shall likewise refund CLLS lorner its prO-rapt share of pre-pELyrncnt by Customer fur Lwefve (12) morid) of $Lrl'iiC andlor Mtinll mincu fees ur any outer arnounLS Fre-petite by C'ustonter tU NLOGO V. 10. payrnell a) Inidial 7e,m. 'wc EA.hihil A. (Order Foi-m). h) RFmnval Tenn(s). For each Rcnewal Tcrm, NFOC.-COV will continue to provide C Lmtomcr with the Scrvi=—,, and will protide maintenance and sup, Kart sersfices as dem.ribed herein, ])Mvided C'.uytotner isxues a pumlhase order or NEOGOV, Inc. Proprietary and Confidential Page 3 of 8 nlodiflcatiori to this Agreement and pays NEOGOV in advance the annual recurring cliarges then in affect, If there is an Lieroase: in annual maintenance and support charges,'1F()t;rQV ,;hall give Customer writteu notice of Stich increase at IcasL thirty (30) days p for to the expiration of the appl icable terlxi, 11. Force Majeure. NFOGOV shall nor.he liable tior any darnages, costs, expenses or other consequences incurred by Cis€ome-T or by any other pcnr on or entity as a result of delay in or inability to deliver tiny= Services due to yircuinsEancGs or events beyond N-ROCT fV's reasonable control, i icluding, mithotu limitation, (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other Tabor problems; (iv) trwspomtion delays; (v) unavailability of supplies or materials; (vi) fie or oxpin,ion; (vii) riot, military action ar rtaurped power; or (viii) actions or failures ro act on the parr of a governmental authority other than Customer. 12. JI'fiscellanevirs. Either party may not assign its riglus or obJigadOffl under this Agreement tivi€haut the prier vritwn consent of the other parry, This Agreement may not be modified or arneuded (and no rights he rounder may be maived) except through a written instuument signed by the pirty to be, bound. 'This Agreement comttitutos the entire atnx:ement between the parties with respect to die subject matter Hereof Fuld shall be governed by and construed in accordarice with the laws of the State of Arkansas, without givitig effect to wnfliet of lain rules. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be cvmslruud to be a fiancliise or business opporhlnity, I1f WITNESSSS NA/W.RYOF; tJre parties bavz caused this Agreement to be executed by rhear respective duly autborizcd ofticcr as of the date set forth above - Customer Signature: Pruir Name: fide: i 444' CovernmentJobs.com, Inc., a California corporation Sigrusture; Print Name; Title: Date= b1EOGOV, Inc Proprietary and Confidential t3eli Page 4 of 9 Order Form Customer. Ei MUDIT A -ORDER FORM THE To; N E 0Sof)v Order Sumnia Attention '1•a: X Address: Phone: 2, AGIENCY Quote Date: 12.'16!2010 Revisioik. Valid Firom: 1211 6/2010 Valid To: Tuday Rlu.-i 30 &)N Order Number: Requested Service DLte.- TBP Niflal Term- 12 MoiAbs Order Sumnia I -Mom datailed dl iffvica are-kxmigiried in Cllr order detail for md are incoijim-atLd herein and aindea Pl cf hereof by this refereuace. NFOGOV, Inc, Proprietary and Confide[Ttial I Page 5 of 8 X 2, 1.0 GID 1.3 -Trairiiiin Included Sub 000.00 SS 400.04 I -Mom datailed dl iffvica are-kxmigiried in Cllr order detail for md are incoijim-atLd herein and aindea Pl cf hereof by this refereuace. NFOGOV, Inc, Proprietary and Confide[Ttial I Page 5 of 8 Order Form 01I ` . J Y' Order Detain. 1.0 Insight Enterprise Edition 1.1 license Subscription The Customer's subscription to the Insight Hiring Management Software includes the following functionality: Recruitment Customized online job application Accept job applications online Online applications integration with current agency website Online jab announcements and descriptions Automatic online job interest cards Proactively search your applicant database Real-time database of all applicant information Recruitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item bank Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test Item bank (optional in TMS) Conduct item analysis Test processing (automatically input Scantron test data sheets)* Test analysis and pass -point setting Score, rank, and refer applicants Applicant Tracking Email and hardcopy notifications EEO Data collection and reports Track applicants by step/hurdle Schedule written, oral, and other exams Detailed applicant history record Skills tracking and matching Reporting and Analysis Collect and report on EEO data Analyze and report on adverse impact and applicant flow Track and analyze data such as tune -to -hire, recruitment costs, staff workload, applicant quality, etc. Over 8o standard system reports Ad Hoc reporting tool HIS Automation a Create and route job requisitions Refer and certify applicants electronically Scan paper application materials Cost of the scanner is not included unless listed on Exhibit A — ORDER FORM Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A ORDER FORM NEOGOV, Inc. Proprietary and Confidential Page 6 of 8' Order Form Additionally, during the term of the subscription, the Customer wiI I be provided: Unlimited Customer Support (6:00 AM — 6:00 PIN PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday — Friday, 6.00 AM — 6:00 PM PT (excluding NEOGOV holidays). Product Upgrades to licensed Software Customer shall receive all product upgrades to purchased package. Product upgrades are automatic and available upon the next login following a product upgrade rollout. Product upgrade rollouts are generally released every three months, 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations NE0GOV will establish an Agency -specific training environment that will be used during training and past -training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff NEOGOV will conduct eight hours of on line instructor led training, NEOGOV will provide all required user exercises and user guides to the Agency. Once the core user community is comfortable with the system (typically within 10 hours of hands -ori use) they will train the remaining HR staff to complete their tasks using Insight. Between the training and go -live, NEOGOV will complete the following activities_ r, Creating an agency -specific training environment which is used by your agency during training and afterwards to train in prior to moving into production Configure printable job bulletin o Integrate your new production job opportunities, promotional opportunities, and class specifications web pages into your existing agency website Establish the Agency's Insight Enterprise production environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Follc)wing the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users filly utilize Insight Our existing customers find that this unique implementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV, Inc. Proprietary and Confidential Page 7 of 8 Order Form:` Order Form Tenns and C:onditifins: 1) The Customer hereby orders and Govern mentJobs,com, Inc. (d1bla NEOGOV, Inc., hereafter "NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses One hundred percent (100%) of the annual license price is payable within thirty (30) Clays of execution of this Order Form and Service Agreement. ($7,000.00) Software Provisioning for first half of Insight Enterprise Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty 30) days of the execution of this Order Form and Service Agreement. (52,500.00) Software Provisioning for second half of Insight Enterprise (Complet;ion of post evaluation) Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV within thirty 30) days following the thirty day post -training period. ($2,500.00) 3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. 4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY_ YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO SE SOUND BY ITS PROVISIONS_ Customer NEOGOV, Inc. Signature: Signature: _ Print Name.6i tv&L , kb Print Name: Title; I• ' Title; Date= % Date; NEOGOV, Inc. Proprietary and Confidential Page 8 of a 999 Govemmentjobs,Com, Inc, dba Neogov Gerlilicdte of Insurance nage 1 of 1) 12d &2010 09.25:53 AJro1 CERTIFICATE OF LIABILITY INSURANCE 216i201Y"r' kC- t211fir2tlt0 THIS CERTIFICATE IS ISSUED A3 A @TATTER OF INFORMATION QNLY AND CONFERS NO RIGHTS UPON THE CE117IFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF iNSUR4NCE DOES NOY CONSTIYUTE A CONTRACT BETWEEN THE ISSUING IN5URER(9). AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE WOL DER. IMPORTANT: If tha tCltiflcat0 holdsr, is an ADDITIQ?4AL INSURED, the p41icy{ies must be endorsed. If SUBROGATION IS WAJVED, subject to the terms and conditions of the policy, certain poilcles may require an efldorsement A statement on this certifiwte does not confer rights to the cmrtificato holder in liau of such endorremen s . Fk0r)UGER CpNT;cGT NA •Y E: TechlnsNrance PliONJ: IIUU) 66B-7021 ' FAX Ed,- --• : [Arc, Nol: CS7;? 890-8484 1301 Central Expy. SOUth, SUku 11,5 1JAIL AIJen, T}( 75013 tlfli'' — — - P11104 t F ---- 4aSBASES:S/ ii:iTRrlER IDN: 1ER50KAL&FDYINJURY a 2:00,090 .. INSIIRER(S) AFFORDING COVERAGE _ r uc11 ' 1NSIIRSR A: rra'Itford CEISiUei l IlAiil[3ftL'L' L:urn A1' _ • • ` IY 2.1gdz4 INKME0 Goverrnmentjobs,Corn, Inc, dba Neogov v4SURER e: Hartford Insurance Cara n of the N1'ldvrest 222 N Sepulveda Blvd, Ste 2009 muiRLH c; P-Prft), and Canualt Insurance rCrnga of Harlfo 37_478 34590 EI SeguiyJa, CA 90245 IkSURM D: AGE Insuranoe Company of_D_hlo_ f 22667 RODUM CJ1dP0F AL.'G S 4,007AC0 IR SURER E : f hYY,ICtr PE LOC W5 RFRP_ LUVERAGES CERTIFICATE NUMBER: REVISION NUMBIER_ THIS IS TO CERTIFY THJ THE POLICIES (>l° ;NSURANar' I IraTrD RF.I i)YJ I IAV, ZFEN 155iJF•n TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. fEHra OR n0NU1I1bN Of ANY CONTRACT OR 0THrR DOCUMENT WT11 RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORUEO BY THE POLICIES DESCkiilELl HEREIN I.S QI)I3Jr2C7 TO AI.t. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. uisR TYPE DP IN ;uf3a Nce ALSL FrLecr EFF Poucx EXPLTAI . POLICY NUfi SER [l f1K1QHYYY A7d 9tY LJlArrs GMERALUABILITY 1 t3 W Mountain ACCORDANCE YATH THE POLICY PROVISIONS. GVCIIOCCURRCNCc s 2,COQ0.10 f (:L fAMt Hf:lAl-GI:Nh:KAL LIA311.7IY pREMRSE9 (Eek , , S •'•p{Ix CLAWS -MADE. +f I OCCUR S Di7tP r orcocrso-i $ 10,000 4aSBASES:S/ ir25-=10 U7Sr2011 1ER50KAL&FDYINJURY a 2:00,090 .. GFnc-HAI AC';H1• 24: F S 4500.050 GEt L AGGREGATE LIMIT APPLIESLIES I ER. RODUM CJ1dP0F AL.'G S 4,007AC0 f hYY,ICtr PE LOC S AIJTUrAQSILF I MF311 ITY 1 ANY ALrr0 COMBINED SINGLE LMIT Eo accioent,5 3 9,0.191;110 D:LY INJ RY (Perp=n) f r A)A OWNED NJT(P' 30DILY IIWRY (Per mOddem* I PROPERTY Ca-VAGE tPera:rJdeMj G SCHED1. EDALTM HIREDAUTOs Yn>: aSUH(4I''atr:/ nar,:Iga ! 4'r1,1Q.1Ht j j f N=-L4vwzD M-iuu S UEEBRL'11 A L]AD 0(:CUrt EACH OCCURRENCE I E=ESSLVB -- 1:IFlll"IWlh I Af3kEr;A11: !: . D''-DUCTIBLE z tAUGIAT.ON 9 B WORKERS COMPENSATION! AND EMPLOYERS' LIABILITY v r N ANY PROFRIErDWPi1H•IN1=H16SECU. IVT oFfICSR+M1AELSLLRExL'LUDGD? NJA 4E17LCG'd195 Ii1 r20sU - fr25r2:11 A'CSTATU- ;Glfrt• T Y I EACH 40i;:[]F•41 5 1.070.0w 4111amdMofVin t++11 Ries, dex4be older E l L USCASE CAZM?LOY S 1.00,C00 EL D- EASE - Roi-r-y LIMIT 5 1ABD,C09DESCRIPTI^,IJ OF CV'ERA714A'3 ba'tra 1y T'rrrTeralAral U5IIIIZ (Epvsond arr,"orrs) G2Co?2179:09 9}7r' Ott 1.125W11 OD;uae,lCalAypfan d9 f2 f7Cl,l)Ci,", j f7,ttFi4i>f70 C£SCRIPTtON OF OPERATIOPJS f LOCASIOK3 f VEHfCLE3 {AlSeril ACORI7101, Aa41mrgtgl RargarYb Srflapiila, n nrrra xpara Is: roryurcrcl Cry ui Paretlnvite i4 ra9lyd 9n hJdiFu1ai 116uwJ Brill, •u,ISi C I: 019 $1Ci19i81 I'x3LiliIS' CERTIFICATE HOLDE R CANCELLATION @ 1"8-200 ACORD CORPORATION. All rights rnservud- rgCpEtD 25 (2009f09) The AGO P.D name and logo are registered mark -S of ACCI'ROZKY/f/r Ago SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City olFayettevitle THE EXPIRATION DATE TH&P,EOF, NOTICE WILL BE DELIVERED IM 1 t3 W Mountain ACCORDANCE YATH THE POLICY PROVISIONS. Fayottoviile AR 72709 AUTHORI7Fn RF.PPFjFK[ATTlE @ 1"8-200 ACORD CORPORATION. All rights rnservud- rgCpEtD 25 (2009f09) The AGO P.D name and logo are registered mark -S of ACCI'ROZKY/f/r Ago City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Dopartment; Chief of Staff Request Date Adfustment Number 2010 Division: Human 19csourccs 12/17/2010 Program: Employee Berl efits/Services JUSTIFICATION TO INCREASE PROJECT I ITEM: Additional funds are needed in softwafe maintenance, to purchase NeoGov_ JUSTIFICATION TO DECREASE PROJECT! ITEM (OR RECOGNIZING REVENUE): Account Name Soft+,vare Maintenance Software Increase Decrease Account dumber Budget Budget 1010.1220.5416.00 2,300 1010.1220.5209.00 2,300 biui art Heel Date B et Director Dato Department Director Date Finance Director Date Chief of Staff T Date Mayor Date TOTAL- 2,300 2,300 Projeasub Number Requested By 8ARBAPA FELL Budget & Research Use Ofily Type: A $ C D f Description: _ a General Ledger Date Posted to General Lodger _ Initial D a ( e Fasted to Project Accounting Initial Date H-.IBudgeWLjdgat Adjustrnorils12010 urrn_2U10_New_Fommt Senleg Agteem mt THIS 'ON -UNE SERVICES AGREXMLNT (this "Apmmept") is Made and entered into #his day of 2010, by and between Guvarnmra:tJutrs.com, Inc., a California aorporatiou (dlbla NEW30W). . acid the Ci[y of l'aycttevilbr; Arkansas a public entity aoting by and tlrqgh its duty appointed representative ("Customeel. I. Prevision of On -tin Scrrites_ a) Custoncr hereby engages NE000V, and NFf—GOV hersby ams (subject to the tamr, tend condi(iorss sat fortis hexfin), to provide the services (thc "Stxvicas") mote fui'ly 41mcribW- in skis Agreement and in Exbdbit A order FBrn]), CUstMCr hereby er•knor>'ledges A2d agFeea that NFCWV"s provision and performance of the Scrvkes is dep,`tident and ccaditiokned upple Crkvt«nrx's full pexd'oxr =0t; of its dutivs, obli-gatims aril revonsibjlk(e9 hmil ldox. 2. Add(liornl NEOGOrV 'Resporr3ihi11.t . In connection with the performowa of this AwEarnent, NEOGOV sJial] be respowble frtr the #oltoa ug; d) PlE0t3GV stall provide all regt>it ecl itastirtg rrd operations suppntt >r the afaplioataans prrnrided tluou le lhis agreement b) NIwOUOV small hallow those support; maintenance And 00W procedut s wad shall provide those suppor, nnBintenance and other services to Customer move fully described in this. AgcotAFneit. 3- Castorner &MMjAWUjj". In conoectiw -4h the perfor m=e of ttis Agreement and the provision of the Services, Customer shall be redprnxrlle for the foilowing; a) Cosi mer shall be reVonsible for eavirutg that Crk!bY Mees ltd of the SCivites and the prrfcrx wuq.G of Custo;=r's other ebligadom 1' eretimder comply with alt laws -applicable to G ,warner. b) C kworttcr shall be respoa Bible, as between 'i f32C *0v and cuslomer, fox tlto accm•acy and Cnmpletaness of all records sled dal b*os providTd by Custemer in cnauecli" with this Agretrnmew for use on NEQC's OV's systein. 4. Ownersh%Protcrt'rgtr and rectrx[tV, a) Ownership of any k;raphios, text, data or othrr irlu.- nation or content materiels and till records arnt databases supplied 4r furhishu by Qjswmcr lfo=Udef fQr iracOtPMAtion into of delivftV through the agpU AUOIL(s) it-Surab .cl ila this agreen)=t shall remain wab Crrsto=r, and N)OCr .}V sla l Cease t`se of all Baehr Matatial art teMkinaticst ofthis Agreement. b) C ustorncvarknowloiges and agrees that noting in this Agreurncat or any other ngrTrent grants Customer rmy licenses ar other rights xith respect to IAC OW N software system (source code or objcat code) other titan flea right to receive 5cvices as expressly pruvi&d heirin NEOGOV shaU retain all owaerft in the iiwAtwtual property and all othar propriatuy rights artd interests associated with NEOGOV's software system and Services and tail components thereo€and assoc'ated documc=don. B4cept %s expressly pmvAM hCrei]t c) NE000V grants to Cmtwier limited license during the feral of this Agreernew tp hme and reproduce NEMOV's trademarks sued loges for purposes of including auch trsdemsrks and lops in advertising and ptrhliaity nestcrials aid EnL9 solely as permitted IzereundeT, All uses of such trademarks and logon shall confnin to Cwtomc"s standard guidelines end requiren=ats for use of such tnukmarks and logos, NEC QOV, Inc. PropNetary and ConfKieMal Page 'I Of 8 5. " f;{1V Rc xe9rntatii m Rud 14°trxranf es. a) .50vice Performonve Warramy. NEOGOV %varrmm that it will perform do Servim in a tnattm con*ttnt with induv y Amdaas 70390npbly appl !amble to tine performance thereof. tb) Na Corer Wammo,- EXCEPT FOR THE 7XPRFS9 WARRANTIES 5E3' I:ORTU IN THIS SDC.TION 5, TI -M- SERVICES ARE 'IROIPDED ON AN "AS IS" BASIS, AND or. TI•IE SERVICES IS AT [TS OWN RTSI:_ 'gFX)GOV DOES NOT MAKE, AND HEREBY DTSIM AI S, ARTY A -+W ALL MER EXPRESS AND/OR IMPUED WARRANTIES, OQCi,UDINC, -SUT NOT LIMITED T)Q, WARRANTIES Of MERCHANTABILITY, FITNESS TOR A PARTICULAR PURPOSE, NONINFR]NGiEMENf AND Tm.F AND ANY VIARRAN1T1FS ARiSiNG FROM A COURSE OF DEALING, USAGE, 01 TPLADE PKACIiCTs. NIEOGI'WV DOES NOT %VA R ANT THAT THE SERVICES 1VILL BE Ui Wr=UPTED, ERROR-FRFr, Clic. CO&TLET1` LY SECUU, i (c) ascf4imcr of Acdans fused by andlor Under the Contra! of TWrd Parties. hEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF AA'T,A TO OR FROM TIM NE000V SYSTEM AND OTHER PORTIONS Of TEE INTFRNEi. SUCbi FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF iNTERNE'T SPRViCES PRO'VIDLD OR COINTROI.TAD 13Y THIR13 PARTIES. AT TIMES, ACTIONS OR NAC'IJGNS OF SUCH TH1R.D PARTIES CA?N IVPATR OR OMUFT CUSTCiMER'S CONNECTIONS TO THE RUERNET (QR PORTIONS TUFREOP). ALFIHOUGS NEOGOV WELL USE C01valE=ALLY REASONABLE EFFORTS TO TAKE ALL ACHONS IT DEEMS APPROPRIATE TO itTlbri4DY AND AVOID 1U -CF EVENTS. NEOGOV CANNOT GUARANTEE THAT StJCE EVENTS WILL NOT OCCUR ACCORDINGLY, HEQGOV DISCLAIMS AMY AND ALL LJABILITY RES ULT[NQ Fk0M OIL RELATED TO SUCH EVEYTS, 6. FuVirtty. Following execution of this Apt -=0034 de, parties hereto roar issue a Press roiaasv, the turn, and subatmot of which slull bo mutually agzecable to tho parties, aunotincing tbp relationship created by 1hi8 Agreetttent. Fxcep[ as exprct,siy vontemp]Ated hmin. neither patty shall isstw any WIditionai Pm -4 rtlense which mmittions thr; otl cr pa ty or the transactiom cowmpiated by this Agrocment without the prior coo.."t of the other ply, which consent shall not be unreasonably withheld. 7, N'ondisdosure. Through exercise of each party's rights undex this Agmonkcinf, eAch party may be exposed to the outer patty's technical, uncial, buslness, marketing, planning, and other infhrmx ik and data, in vaitteu, oral, electronic, rslagnedc, photographic andlor other forms, including but not Eirnited to (i) oral and .mriuca urtiCattom of One pasty with the officers and staff of the other party %Mob are Amkod or ideniificd as eorli*rdmdal or aura or similarly marked or identified and (h) vtber camrrmnicatiionx which a reasemb,16 person would recognize from the sumurA Ing facts and tv bo ovnfidanntial nr teeth ("Coitfidential Information") and trade secrets. In reoogaition of the other party's need to proud its IcSitimare business intrrests, each patty liateby povenwU and agreaa that i; shall regard and tfeat each item of information of data constituting a trade secret or Coadential Intornnarion of the other party as atriotly confiidanria :md wholly owned by such othor pasty and that It will no_, witbcmt the express prior written cowers of the other party or eeccpt ae mplired by law imluding the Freedom of 1n€onnatioi Act of the State of Arkamm, "stribute, nmeket, publish, disc€ose or divulge to any other pftson, firm or entity, or use or modify fvr use, directly or indirectly in any way 1jWr =y peFsvu of entity, (i) any of the other party's C:o uual Information during the lcrm of this Agmemnt tend for a period of three (3) years after die termination of This Agreement or, if law, frara the last dare Serwi-m (ln--k4tg my warranty work) nrt porforrncd by the dkclosmg patty hereunder, and (ii) arty of the other party's trade secrets at any time during which such information shall constitute A trade surer under applicable In W. 3, Liabilt Limita:icns. ta) if promptly r;o5ed in vnritiog al' ar y action brought agate Customer based on a viairn dull NEOGOy's Services infringe a Urated States patent, copyright or tr'adetnark right of a third pang (except to the extent such claim or infiringmetu re fates to arty third patty software incotpofated into NEOGOV'* applioa6m), NEOOO V will defend such actign at its ey4emm end will pay any and all fees, costs or dayagc' tit mU be HBail.• awarded in shah NEOGOV. Inc. Proprietary and ConWential -Pace 2 of 8 action or any sottlLmant resulting from such action {provided tbxt Customer shall remit NEOGOV to Control the defieatse of such action and shall not rua7ce any cnmprnrnise, admission of liability irr sotl=ent or take any other action impairing the defmise of such claim without NEOGOV'sprior writim approval). b) Custunmr acknowledges and agrees; (i) that NFOCIOV has no proprieMty, financial, or other interest in the goods or services that may be deser]bW in or offered thmugh 0istomees web site, and (ii) that a»xow with respect to any material supplied by NEOGOV, Customer is solely =asportsible (as batween N1=060V and Customer) for the content, qua[ity, per6orrsw.nce, ant] A] other Espects of the goods or services and the iuformation -or other Contem contained in or provided thmup Cuatames web sits. G) 07M TRAM THOSE WARRANTIES EXPRF9&LY SET FORTH IN 'rNTS ACIRE EMl-1vT, NEOGOV DOES NO'f MAKE AW WARRANTIES TO CUSTOMER OR ANN tYi'1I1:R PERSON OR J,:IY'tTly, MTklM IXPM3 flit IMPLIED (INCLL'DING, WITHOUT x. EWTATION, ANY WARRANTM OF MERCRAnl"LABI 11TY OR F1'l'NESS FOR At PARTICULAR PURPOSE) WITH. RESPECT TO THE SERVICES PROVIDED IIEREUND);1 M NWQ0V SHALL NOT BE LIABLE 70 CUSTOMR OR TO e4P1Y OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT it HATSOEVEI, IFOR CO sEQl;J.'ENTJA,Y. OR INDOUCT DAMAM, INCLUDIMC, 14'1THOUT 1IMiTAT:10-N, LOSS DP PROFIT, LOSS 01' USX OR DITS>I1r1FS9 STOPPAGly. d) Un&r no circumstances sball NWOOV s total liaWlky to Cwfomer or any other peseta, rzganlleag of Cele nature of aw claim or form of action (wh!AeT arising in contract, tGrt, strict liability ew otherwise), exceed Oavetttmmtjobs.00an in -,,'s C.ertifiratc of Insurw= and MDGOV bas agreed to namr Custaina' as an insured on said liability xastlrauce per attached P.,tMhjJ "A" psovidod by N1Jr GQV; pmvielvd, however that the forogoigg hnr tatiom set forth in ihi$ Ser -tion 8(d) shall not apply to actions braeght under B(a) abvm or to array injury to peraons ur damaja cs to pnparty miging out ofNEOGOV s gross negligence orwillful, gross miseonduc L 9. Term and TermLnxtion_ a) 'lids Ag;eem t dull commetree m of January 1, 2011 and irenmLa io effect for twelve (12) months walem termbwted bycithur party as scl forth herein ("Initial Tema"). b) This Agreement may be mewed Ear additimut tr m5 ("Renewal TenW') equal in duration to the Initial Term pmidcd Customer notifies NEOGOV at Imst thirty (30) days prior w the end of the Initial Team or a Renewal Term, It is anticipated that tht par:ict% sball in goad faith cornmc= active discnssions rac h -$r-pternbca concerning whether and under what terms to renew far the fbi°lowing calendar year, v) NEQGUV reserves the tight to t(aminafts this Agreement immediately if rbe Ser ices provided hemus%de- become illegal or contra) to any applicable lata, rule, regutatioa nn• public policy_ Each pam shall have the right to tc=ainatt this AgYt nkontnpon sixty (60) days prior written notice to the other Fatty. d) Witbin sixty (60) days of rw)tification of terrninatiott of this Agreement, NEOGOV shall pTQAk Customer with 4a dedicated data flies suitable for importation into comneroially available database s4ware (e.g., 3dS-Access nr MS -SQL) The d6dimted data files will be comprised of Custom='s data remained iu NEOGOV's srvsl.c n . Tho strt ettia'e of the relational database unit be Nproitio to the CustomWs data and mill not be representative of the proprietuy N1rC1{10V database, N OV shall h ewise rc nd Cor Mer its pronate share of pre-payMmt by C ustomar fcir twelve (12) months of senice andlor maintenance fees or any other amounts pr"aid by Customer to NEOGOV. 10. Pn4mtcTi . a)111irial Ter»l_ See (Order PC=). b) Rimewcl Tar»r(s). For eaob RrnevtaI Tum, NEOGOV -will continue to ptovide Customar with the Services, and will pTayide maintenance and ser pert services as described heroin, provideA Customer issues a gurctsa-,e order or NE093OV, #nc- Proprietary ar:d ODP(jdentl8[ Page 3 of 8 madi ft adon to tris A,grcert yn and pays NEMUV in a4vancu the dr nual recurring charges then in cffcct_ if there is an Inercasr in annual rnaintanawc and support charges, NEO30V shall giw Customs written notice of such increase at least thirty (30) days orior to the expiration of the applicable tern 11, Eo ceLMaLeure. NEOGOV shall rpt be lWe for aay damages, casts, ertpewm or otter wnuqueaees incurred by Customer or by any other person or cruity as a result of delay iu cr suability to deliver any Services due to cirm mstattoes or eveats beyond Nr-OGOV's reasonable contmi, including, witbout iirWtatxoa; (i) acts of God; (R) changes In or in the {ttterpretetion of any law, rule, sego ation or ordinance; (iii) str3s, luclmuts or stmt labor problems; (iv) transportation delays; (v) unavailahiiity of supplies or nlatErhds; (vi) fire or plosion; (Vii) riot, milkM anion Orm urrd polver; or (viii) actions or failures to out on the part ofa goverurnent it authority odtcr than CustwMer. 12. jlii&er! 4 . Eidw party may not assign its rights or obligatuma under the Agc rnctt WithMt the Prior writDen conseatt of the other patty. iris Agreerneut may not be modified or amended (and no Aghts hereunder may ba waived) except dwya& a written instrument signed by the pasty to he bound. This Agreement constitutes thr aMim agmenymi bzIwceu the parties with respect w the subject matter hemf old Shall be governed by and zon Lewd in awor4a". with the lays of the State of Arkansas, without Suitt$ a#inct w camliiet of law rules. Customer acknowWgef and agrees that tlris A,grbrmevt is not iriwn&d to be and shall not be oonsaaod to be d zachife or b w%iAw opgrorb anity, LN WrMESS WHEREOF, the parties havc causad this Agr=nent io be execnbod by their reepmtive duly authorized officers as of the dutt set forth above. Cumonwe Sigatme; 1 Priv# Name: I ' d Tith, GpvernmentJobs.cum, lno,,'t California G ration Print I Urge; 7cra a,ry NE66 IV, 1w. Propriatery arid Confidential Page 4 of 8 Order Form N EOG''W Customer: dill Tv1 Order 813zttao r M,orrAptailec' demiW rtR of dw mzvictt are c 3t Berri +x 'r`h are in [atel3 humn and maw, a,W h-omf by tbLs ref-Mce. NFOGOV, Ina. Proprietary and Confldenlal Page 5 of 8 Flttorrtion To: NAME Je: Earl; AGENCY Quote Date. 1VI612010 R isiorl: Valid Prom. 2 112010 Villa Tsj-. Toda.v Ph -9I aay Order l`iumhers Aes ,SService Date: MD Initial Term-, 12 Months Order 813zttao r M,orrAptailec' demiW rtR of dw mzvictt are c 3t Berri +x 'r`h are in [atel3 humn and maw, a,W h-omf by tbLs ref-Mce. NFOGOV, Ina. Proprietary and Confldenlal Page 5 of 8 Ordor Form N EOGOV'' Or 1_ t rDetail 1.0 In5fght Enterptts0 Edit10" 1.1 License Subso4pticm The Customer's subscription to the Insight Hiring Management Software includes the follovAng functionality: Recruitment Customized online job oppiioetion Accept job applications online Online applications in"ration with current agency website Online job announcements and descriptions Automatic on€ine job interesf cards Proactively seatch your applioant database Reef -time database of all applicant information Recmitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item brank Screen applicants autornafically as 9W apPt r Define unique scoring pians per recruitment, or copy existing scodrig plans Test IteM bank (optional in TMS) Conduct item analysis Test }processing (automatically input Scarttron tes: data sheetsr Test analysis and pass -point setting Score., rank, and raferapplicants Applicant Tracking Email and hardcopy notifications EEO data collect€on and reports Track applicarft by step/hurdle Schedule written, oral, and other exams Detail --ed applicant history record Skills tracking and matching Reporting and Analysis Coltert and report on EEO data Analyze and r4i pud on adverse impact and applicant flow Traolk and analyze data such as timo-to-hire, recruitment costs, staff workload, applicant quality, etc. Over 80 standard system reports Ad Hoc reporting tool HR Automation Create and route job requisitions Refer and certify appllcants electronically Scan paper application materials Cost of the soanrer is not included unless listed on Exhibit A —ORDER FORM Requires a Scantron or $irrnlar Optical Mark Reader (OMR) scanner, special forma, form set-;ap, and scanner software, which are not included unless listed ori Exhi.Oi ORDEF FARM NEQGOV, Inc_ Proprietary and Confidential Page B of S Order Form N EOE- 1 Additionally, during the term of the subscription, the Customerwil€ to provided; Unlimited Customer Support (8:00 Ate - 6;411 Phi PT) Customer Support shall be providod to the CLMorner both online and by telephone Monday - Friday. 6:0D AM -13:00 PM RT (excluding NI OGOV holidays). Product Up9radQs to Licensed Software Customer shall receive all product upgrades to purchased'packagt;, Nodi,tct upgrades are automatic ;and aveileble upon the next login, follavving a prodw.t upgrade rollout_ Product upgrade rollouts are generally released every three montihs, 1.2 Provisioning The following activities are conducted as part Of the insight Enterprise implementation Cond uct a project kick off meeting to review the project timeline, deliverables, and establlsh project expectations NEOGOV will establish an Agency -specific training env!ranrnent that will be used during trafnfng and post -training to allow ffie Agency to Learn the systern and begin defining new roles, responsibilities; and activities within the HR staff NEOGOV will conduct eig ht hours of on line instructor led training. Nt=OG OV will provide all required user exercises and user guides to the Agency. Once the care user community is oomfortabla with the system (typi,nally within ip hours of hands-on use) (hey wi€I train the remairdrig `1R staff to romplete their tasks using Insight. Between the training and go -live, NEOGOV will complete the following activifias: o Greeting an agency -specific training enviromnent which is used by your agency during tTaining and afterwards to train in prior to moving luta production o Configure printab;9 job bulletin o Integrate your now production job opportunities, promotional opportunities, and class specifications "t> pages into your existirq a,9ency website o Establish the Agency's Insight Enterprise producdon environment 1.3 gaining NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Following the traiNng, youragenay will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utifiae IrsighL Our existing customers find that this -unique implementation approach enables thoir users to become familiar with insight in a safe environment, prornotirig system use and leading to a more succ-essfu€ rollout. NEOGOV, Inc, __ __ Proprietary and Confidential Page 7 of 8 Order Form NEOGOV" Order For T s gno Conditions; 9) The Customer hereby orders and GovemnrientJobs.mm, Enc. (dibla NEOGOV, tnc., hereafter "NEOC10V') agrees to provide the services described in this Order Form_ THE SERVICES ARE PROVIDED PERSUANT TO THiv TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule Is as follows: Provide all required software and Ucerases One hundred percent (100%) of the annual license price is payable within thirty (30) days of execution of this Order Form and Servk;e Agmernent ($7,000.00) Softare ProvWwning for first half of Insight Enterprise Fifty percent (50%) of the rion-recurring costs are to be paid to NEOGOV within thirty 30) bays of the execution of this Order Form and Service Agreement, ($2,5DO.00) Software Provi$ioning for second hatf of Insight Enterpriso (Completion of post evaluation) Fifty percent (50%) of the non-recurring costs are to be paid to NEOGOV Within thirty 30) days following the thirty day post -training period. ($2,600.00) 3) Neither the Custorner nor NEOGOV wi() be tend by this Order Form until It has been signed by authorized representatives of bosh parties. 4) Changes oraiierativns to this Order Form will not to accepted. THERE ARE SIGNIFICANT ADDrTIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERViCEr AGREEMENT BETWE=EN THE CUSTOMER AND NECGOV_ DO NOT SIGN THIS. ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO 8L BOUND BY ITS PROVISIONS. le or Signature: Print Name: Title: Date; NEOGOV. Inc. Signature: A Print Nairne: Title:., rdLE ns r Date: 1 NEOGOV, Ire. Pro prleWy and ConfiderRial Page 8 of 8 999 Gommmentpbs,Cpm, Inc, db5 AleaogDv Car# r`Isa1e of ktsurance (Paye 1 of I 121&20f 0 09:25_S3 AAI ra carr CERTIFICATE OF LIABILITY INSURANCE rHDICATSD. NOTWYNSTrANDR#0 ANY REWWREUENT, TEAM OR COwOM01v <r ANY 00ttTRAC7 OR 07NFA OWUmENr VOTH REACT TO VMICN THIS CERTIFI;IATE IR y SE IMM OR MAY PERTAP. THE IN$t1RAh'CE AFFORDE0 BY 7HE PCUCiES DESCRIBED HEREIR 46 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONEITIDNS OF $IWII POUCIE& UMIT3 SHOYSN WY KkVE BEEN REDUCE a 9T PAa0 CLAJya,S TWF, Q9RTIVWAW IS ISSLIED A$ A {11A7TER OF INPORMA710N ONLY Awl caw6I3S -010 PJCRHTS UPON 71W "RTIRCATE; F14LnM TENS CERT'IFtCATE DOES NOT AFFIRlwA-rlVELY OR NWATIVELY AATENQ, cxTEND oFt ALTER THE COVERA{3E AFFORDED BY THE POL101E$ BELOW, THr5 CERTIFICATE OP INSURANCE DOES NOT COHST117VIE A CONTRACT BETWEEN THE ISSUING MURER(Sy, AILIT14pRAZED REPFIESEKTATIVE 0RPR0ttUC£R, AWD'MECER-nF1 ,4n FFO{,Ar;R, IMPGR7ANT: lithe certltipato 1lntd13L' Is an AI7PI TrONAL ASSURED, tha pa'Isy('aa3 must r Aa 1, It SIIISR4C7A71I} { IU Yy SRllrect t0 the tarms;md oondtttons of the 01W. oersain polinies rrmy r,egtrlr9 8n aadOMO t"L A statereentw thla CeNrkBke dons rlat COW& rtgnts to do r=n+'ri lcula tlofder In I ru or;ch +andar>smen s . PRooUL RAAE-Cr -- .—. fruae• inctgnsurance 1301 Central Fjw $&Ah. 8uik 115 Apert TX7Wt3 180E1'i 66>N'p2p cax 7. S gyp} 39P-SdBd. -- k L erne IN9URGO wo NS1fRERILc I'IHrlfOrd'FIHUaI IlieLlr7JtICP.GYY+ 'Z..{4 allilts t3: Ha rlEord IRSU181ha Coma C+I G1F7 Midw..l 37{ibGovernrnerttjngq.CUm, btisi NI>ov 222 N Sep "ft 3W. SM 2000 0 -Segundo, GA DW45 r a rR R a. Pra end i as11t1 i autanre Ca +af Flanfo 349s] u1 e Ltra ACE freauranex Comran e{ Ohio 221367 1.1" MN A Ar1x LErtlAenJTY t >: r 6 Vtrwc-vh [: 1:13'l lr-IVA•rir N1 UMR912- oevia U x I1 Om. THIS IS TO CERTIFY THAT THE POLICIE$ OF INGURANC5 L1$TED BLOW HAVI! OPEN ISSUED TC 7fM INSURED lr'AM. 0 ADDVE FOR THE KLIOV PER100 rHDICATSD. NOTWYNSTrANDR#0 ANY REWWREUENT, TEAM OR COwOM01v <r ANY 00ttTRAC7 OR 07NFA OWUmENr VOTH REACT TO VMICN THIS CERTIFI;IATE IR y SE IMM OR MAY PERTAP. THE IN$t1RAh'CE AFFORDE0 BY 7HE PCUCiES DESCRIBED HEREIR 46 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONEITIDNS OF $IWII POUCIE& UMIT3 SHOYSN WY KkVE BEEN REDUCE a 9T PAa0 CLAJya,S ztregwcrv,rr P $'.CY :Mar13tRt uc:r E umn UIMITS UABLIIY E/,Z+i[ 7CsCUr FAiE:NCE S 2'QK w 10 RENTIED - - S N4s1.1" MN A Ar1x LErtlAenJTY EDSYP+trrb,,awtm I: 1A00D A Y44 IMWIO 1YEM11 PE i CNN-BA YI: L]IIRY y tm.cW 4 G5'NE3WLAC,Gc+ECATE S 5,4CG.LaO GE LAGGREjGATE M rrAPPMFE PER: Powy JECT AIYrnNU91LE Lu39YTr CCMBk1EDSINGLE UrT S 1J A1p AWASrpaWCeKJ OWLYzWURV(PwpenoW a AIJL0% ROM11MfcDAUTOti i30GILYINJURY GYp9,adlign a C 9CtiFDULE6IUJit1S TPs 4tl11F.{:IYa+a2 SrFAR3D10 477[4Y31t PR4F 3TYbArMGE ..-- HIRED AUTOS Pju)Fr rTw S I atNON$KA AIITQB unele wLub oeewl EACHDOGIiRt1lEraCx i SIJnB CLAM.. .VF' I A6GlIEBATE S i I>EDuctt&LE 11 , ...,...... _ a-.-- wD7j=va0*pw5ATiau AND EMPUNERrLte wr Sri4TU- UrF+ INt q qq ETrwprnsm+Fra:>=cLmv6 YOU lfllt E-LEICHAf-OLVAT i 141)144aB^IECG18ie5 tes2ola 11G.`d10116oPFItEHrA16L16=rxL5kn s 1'- ! IELRdrtEYr 1)7 NNI t 49E-EAEMPLII7E j 1 ODJ,{,p o c clePRIvlcNsta . _ J I.L CfioIi rurxr = iAftko D Pwrosdo arLleellal>rnxsaaaoi seuel Gio MOMM s Irzsaaso irZM41 0caroerKelA2gwA% vt9M.0no:=owDw DE$CRiPROH OP aP@FIATJCfIrirwGATIsx+SI V7Q R.E W1YcA,.raorla 781,A-0 Ucc+il Rhgr:shwah.NMmwapeooi;MRNInd) C1,7o1FtyRNwHa{FnwalaaasA00m;lrPw44yAji 7pn!aorheWwHUhN2r r CERTIFICATE HOL6ER CANCE"TIi]NS BHS)UIAANY OFIMA8OVEDESM13EDPOLICIES BECAWVLMBEF 91E CRyoEFsy44evmq THIE ISXPMATiOfl Date TUMLOP, NOTICE IViI,L BE Deuvatm IN 113 W. MoUiltaln A4CORQANCE4VNiF17}15}13ddDYgA0Y1SiGNS, FII fcftvilla AR 77701 j A+U7HOAizfDk LNTATIYL 0198&2009 ACORD CORPORATIGN. All rights reserved. Acaad 26 12009l08y The A CORD name and Ingo are regretered marks 0 At.ORD senate: Ammneut THIS OAT-LIlVE SERVICES AGlZ)b:h:MY—NT (this °Agreernent") is made and anterad into this of 2414, by and between GovernrnentJobsxom, Luc., a Califnt'mria corporation (dibls NEOGOV" ), and the City of Faycttevildc, Ax Mnsns it public entity acting by and through its, duly appointM representative ("Custom&'), 1. ProyKan of On-line Sex viaetc. a} Cugto ncr hereby (alleges NEOGOV, rad INEOGOV hen&y agrcc s (subitct to the terms and wndidorrs set forth herein), to provide the services (the "Services") more fully dewrihed in thin Agreef "l and in F.xlaibit A Order Form). Custum r hereby a6mcw(edges and agrees that 'N.F.00OV's provision and pertorrmaiioe of the Services is depmdent and oondiuoned upon Customer's full periforniance ar its duties, obligations and responsibilities f creunder. 2. A40ldonal NEOGOV RespansfbiEfles. In connection with the performance of this Agreemenc, NEOGOV shall be responsible %r tae following. a) NEOGOV shall provide all required heeling and operations support -for the applications provided through this agromnunt b) 1<EO O V' shall follow those support, rnaintai mraco and other pmcedures and sbaTl [i Ovide those support, maintenance and oEh(T m)rviccs to Cu&towet more fully described in this Agreement, Custorner- 12— e—umahc . In connection with rho performance of this Agm mnent and the pinvis9on of t€te Services, Customer shall be n spona-iblc for the browing: a) Cit toimz ;shall he rawnsibm'br ensurlag tat Ckisiomer's Ust Qf tihc Services and the performance of Customer's outer obltations hereuxtder comply who all laws -applicable to Oistomer. b) Customer shall be resparur:11e, a% between N. F.000V and Customer, for the ftnurguy r xid cumpletenms of all moorda and databases provided by Customer in co ootiou tivWx Ilia Aptcment for nk to MEOGOV'a systow. 4_ OwnerCi% PrbtMt101k And Sfmrrt't_v_ a) Ownership of any graphics, tmt, data or other information or content materials and all recnrds and databases sirpplied or ftunislud by aistorner hei (under for incorporation into or delivery t€rtaugh 6e applicat on(s) described in thfs agree=nt shad remain with CusDwner, and NEOGOV shall ueasc use vfall such tnatarial upon tea'rninatim of this Agreement. b) Customer acknowledgos and agrees that nc*thin~g in this Agrccnlcirt or any otheragxeeme4 grants Customer any licenses or othor rights with respect to NE(?GOV'R software sysfera (source code ar object code) A= Chan tlrc ri f t le zeeeive Services as, earpressly provided herelm Nr-OGOV ssiall rutain A ownership in the intellectual prnperty and all ocher proprietDry rights and interests associated with NECiGOV's software sg'sten, and Services and all components ihveof and associazed documeiitamon, except as expressly provided herein. c) Nl1DC}OV grants to Customer a limited license during the terra of this Agreement to use wid reproduce NEOGOV's trade marks and logos for purposes of including such tmde.marks and logos u1 advertising and publicity mater'iah and Kuks solely as permitted herenuder_ All uus of such tradc=rlc and logos hAll confbrm to C nstomet"s standard guidcfiaes and rccluircnlcLts for use ar such trademarks and logos, NEOGOV, Inc, Proprietary and Cartfdential page 1 of 8 5. fNEOG0V_ReT)rescntatsaa6 and Warrant°ics a) &rviee Perfol'7nanee Marronly. NEWOV warrants that it will perform the SeMces in a manner consistent with industry standards rcaso nahly applicable to the purftmnancc theruDE, b) No Other Warranty. EXCEPT FOR TiiE EXPRESS NVARRANMS SET F0RTI:1 IN IHIS SECTION 5. THE Slal'VICES ARE PROVIDED ON AN. "AS 1S" BASIS, AND MISTOMER'S.135F.. OF T4 F 1.'F1ZUlCl S lS AT ITS OWN RISK. NEOGOV DOES NOT MAM AND REItMY DISCLAIMS. ANY AND ALL OT148R h N) 1.55 AND/OR iMPT IRD WARRAVT7F.S, TNCI.lYDING, BUT NOT LIMITED TO, WARRANTIES OF I iEKC)HAN7AI3IL,.T'Y', P ITItiESS MR A PARTICULAR PURPOSE. NOINI FRINGE,Mr•N7 AND TIME., AR'D ANY WARRANMES ARISING FROM A COURSE OF DEALLNG, USAGE, OR TRADE PR4C"i'ICE, NE000V DOES NOT WARRANT THAT TNF gF.RVICFS NVIiI. BF: UNTNTFRRUP'TED, F,RROR-FREE, OR COMPLE'TEL'Y SECURE. c) Disclairrxr ofAcdions C=wed by and/or Uruler the C:nniroi of Third Arnri+s. NF.OGOV DORS NOT AND C:ANNUI CON'IROL J'aE FLOW OF IJA'A'.A 'A'O Ok FROINJ ''IIF., NEOGOV SYSTElti9f AIS 0jaER PORTIONS OF THE INTERNET. SUCH FLOW DEFEYDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SF.RVICFS PTROVTp D OR CONT OLLED BY THrRD PARTIES. AT TUNES, ACTIONS OR INACTIONS OF SUOR '.l'Ii1IU31'AlC'IAiS CAN Vetl'AIR OR 0rSRW1' CU1R'fO1r9FR11' CC)N1V.l CI'iCtltS l C? TIE INTERIO-ZT (OR F01ZTT0NS TI EREOF). ALTAOUGH NEOGOV 1VILL USE C:CiMMERCIALLY A BASONAP, E PF'FOR'TS TO TAKE; All, ACTIONS IT DEEMS APPROPRIATE TO PX_ vJ i]Y AND AVOID SUCH EVENTS, NITOGOV CANNOT GUARANTEE THAT SUCH EVENTS NVJU NOT OCCLM. ACCORD1NOLY, NEOGOV DISCLAIMS ANY AND ALL LIABII,IT'Y RESMfNG PROM OR RELATED TO STJCTI EVEN,fS- 6. Publ-16t9. Following execution of this Agreerne 1, the p:atica hereto may issue a press n1casc, the form and subFtancc of which shall be mutually agreeable to the parties, announcing the rclationship created by this Agreement Except as expressly Contemplated h=in, neither party shall issue ary additional ;rress release which mentions the other party or Lhu transacLiors wntemplatod by this Agreement Without the prior consent of the other party, whickt wanat Shall not be unr-sozot-ly witbheld. 7. I's ondlithmura. Through C=rcim oftaeb party's rifts uredvT this AgreerrrcnC, cach party may be exposed io the other party's tee#rnical, financial, husinem markering, planning, and other informafion and data. in writes oral; electronic, magnetic, photographic and'ar orber farms, includisig but not limited to (t) oral and writtmt communications of one party with the uf&c= and staff of the other party wbkh are marked or idendfied as i. Confidential or secret or similarly marked or identified and (ii) other wrnmunic:atiarrs which a rcasombic person would recognize ftvm the surrounding facts and cines instances m be confidential or Bret (11ConftdentiQI.. Information") and trach svurcts, In recukpailion of the other party's need to- protect its legitimate business interests, each party hereby eovan8t11s and agrees that it. shall MVM and treal each item of iuforrnaLion or data ctmstituting a trade Secret or Confidential Information RT the other party as strictly confidential and who'ly owned by snob other party Anel, that it will not, MT11out the express prior writim Consent of tf,e other party ort as rexluiored by lata ixrcluding the Frtedonn of Inf6=tion Act of the Stott ofArkarvgm_ redistribute, =6,eL. publisiL disclose or divulge to Any other person, firm Cr entity, of use or moosfy for use, direAy or indirectly in any way for any perior) or entity, (i) any of thre other party's Confidential lnfw=tiozr during the term c) thio Agreement rind for a period of three (3) years afar the tnmiinaticn of this Agme nmi or, if liter, from the last date Services (including any warranty work) are perfnrmcd by the discIming party hcrrunder; and (ii} any of the nt}rer party'q trade secrets at ary tune during which Moll information shall eor:stitu to a trade secret un.3er applicable law. S- LiAkrzlity' Li7ni#ltiorls. a) if protrxptly notified in wriring of any Actiov brought against Customer based on a claim drat A"EOGOV's Service,% infringe s Unit6d States patent, copyright or tradumarL right of a thud party (except to the extent such claim or iafriagernent relates to any thin) party soft -are it:corpoi-ated into NE-OGOV's applications), NEOGOV will defend such audon at its a case and will y an and all Ices, vests ear- d r_[h rt uiay be finally awarded in ouch NEOGOV, Inc, Proprietary and Confidential page 2 of 3 action or any settlement rtzulting from such action (provided that Cummer shall M11111 NEOGOV to control the defense of such action ar)d shall not make any compromise, zdrnission ofliability ox settlement or take any other action impairing the defaase of such claim without N C-000V's prior written approval). b) C usmnef acknowledges and agrees: (i) that NF.'QGOV has no proprietary. fmarwial, or od= interest itt the goo& ar services that miry be dumbed in or offered though (,uaorner's wvcb site; and (ii) that except with rospect to any material suymi lied by N4TFOGOV, Customer is solely respmsible (as be€ween 1,MOG OV and Customer) for the conkalt, quality, .per#bn=ce, And All outer aspects of the goods or =T0ces and the information or other content containcd in or provided tbrotigh Castomer's web site. e) OY'IIER THAN TIIOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO C:USTO:VIN;R UR ANY 01CHIM PERSO14 OIL ENTITY, EXT- ER k:XPIMSS OR IIVPLIED (INC:LUDIf'iC,, WITHOU- T UNIITATION, ANY WARRANTIES OF N1ERCHANTeLEIi II'Y OR FITNESS POR A PARTICULAR PURPOSE,) WITII RFSpErC'1' 'ir0'r1IF, SERVICES pROV]:DED HEIiEU DER. NEOGOV- SHALL NOT BE LIABLE TO CUSTONIM, 0A,10 ANy 01,H ER 1PERSON O)z >K LW)t'TT1', i?NDER ANY CIRCLIMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR COPtiSEQ'UENMLL, OR lNIUXMCr'1- DAMAGiKS, INC'TADIN0, WITHOUT LIMITATION, LOSS OF PROM, LOSS OF USE OR BUSINESS STOPPAGE. d) TJndar no circumstancea shall IN-OGOV's total liability to c:yy nmtr or any person, rvgaidlms of the imttze of the cWin or form of actio» (whether arising in contract, tort, strict hat zi ty or othc rwi8u)., tsmumd Uuvcrumentiobsxom Int.'s Cerdlffcate of Insurance and NFACTOV haft ayc:al tri nine C"stoma as an insured an said Iiability irs dne4 per attaehcd ExiubiL "A' provided by NEOGOV; provided, Jw%--ger that the foregoing limitations set forth in this Section 8(d) s}aall not apply to actions brought under 8(a) abow, or to any injury to persons or dAu3wj,i9 Lo property £aisitig out of NFOGCIV's gross negligence or wi ]lful, gross misconduct. 9. Terni and' i' rnrinatiun. a) This Agreement stroll commence as of January 1, 2011 aeld remain in effect for twelve (]Z) inonths ernless terminated by ai.thcx party as NTi !forth herein ("initial TerrAl. b) This Agrecrrlmt may be renewed for addit'1on31 te= (" lteriewa] Terra") equal in duration to the Initial 'Team provide! Customer noTi.C[es NEOGOV at least thirty (34) dayR prior tri the end of the Initial Tern or a Remtwal Tcrm It is annticipatcd that the patticb 511x11 in go04 faith conirnenre w-tive diacvFIhas e=h Set tEmber concenzia g whether and under what teens to miew dor tho fbIlowing caleadar year. c) NEOGOV resurvm t L right to lmmimte J& Agreement immediately if the Sexvicee Provided hereunder become illegal or conxrcey to any applicable law, sole, regulation or p6lic policy. Eaoh party shall have the right to J*m3hwJr. this: Agreement upon sixty (60) days prior Written notice to the other party. d) witlriri sixty (60) days of notificativu o f terminauoa of this ript=mcrA, N>=0GOV Awli pruvide Q1s'icmet with a oledicatcd dnta files suitable for inrgortation imo co7tirw. c6aliy available database so ake (e -g-, VS -Access or MFr4t The dedicated data files will be comprised of Customv7's data uuntarriud in N90GOV's system, The sLTucture of the relational database will bi specific to the Customer's data and will not be representative of the pmprictxry NEOGOV database. NEOGOV shall likewise refund CasLorner ;ts pro -rata share of pre-paymezr by Customer fortwelve (12) months of service andlnr maintenance fees or any other amounts pre -paid by Cri.>tarnur to NEOGOV. 10- Favments- a) India! rerm. See R&Vh it A (Order Form), b) Rewvai Tem (s)- For each ptapewal Tenn, VE0C10V vyill continue: to previd4 Customer with the Services, and vrill provide ruE intra ante fllid support seMces as descrtW bei-e;ii, provided Customer issues a purvhase order or NEOGOV, Inc. Proprietary and ConfIdential page 3 of 8 inrdificatimi to this r1 rc'emtnt and pays IaEOGOV in advance the annual nvurring charges then in eff ct_ If there is all increase m annual maintenance and support charges, NTEOGOV slwll give Cu9tomer writtcm uoEicu of such inumm at least thirty (30) days prior to the expiration or the applicable term. 11. 1+ orcc uxu. NEOGOV shall rat Inc liablu for any damages, costs, expenses or other consequenceq incurred by C'us-omen or by any other person or eatity as a vo.TW t of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, tivithout limitation: (i) acts of CIA (ii) changes in or is the interpremdon of any law, rule, rcgulsltiOn UT Ordinance; (iii) rstrikes, lookouts or other labor problems; (iv) transivYtatign delays; (v) u ayailabiliry Gf supplies or materials; (vi) tirc or txplosion; (vii) riot, military action or usurped power; or (viii) actioms or faihuv,: Lo act on the part of a goi-wmenW autbority -other than Cwton er. t2. N iscellaneoua, Either party may not assign its rights or obligations undo this Agreement without the prior wriuen cone of t1ke other party. This Agmument may not be modified or amended (and no rightx hercunder may be waived) except tbrongh a written insw mxe,nt signed by the party to be bound. 'Phis Agreement cotmitutes dip, entire agreement betac:cu the parties with respect to the subject matter hereof and shall be governed by and t*=;rued in accordance with te laws of the State of Arlcaraos, without giving effect to conflict of law nikg. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed R be a fraw"Wse or business apporhmiLy. LN- WITNESS WILEREOI', the parties have caused this Agn:cxncnt to be executed by their respective clt=ly autl=ized officers as of the daLc act forth above, Customer Signature: ' f Print damn: TRIO- AA D DA C:overoment.Tobs.com, Ile., a Califortliat Cw0tvatLoll r Signature: Print Name-, •?, __— yf i Date: 1dEGOIi, In -o, Proprietary and Confidentlal T ^ Page 4 of 8 Order Faruk NEOGOIJ r-' iT 1T A - 0EW R4I C ustnirier: Bili To: Aftention To: Ad dress: NAMT, Pho-ac; AGENCY 1uoreAateAnte: 217fj'x:1U Revision-, Valid From: AZg.(r2oi as Valid To: 1'ck - lw:LQ.Aar. Under NumUer: Re nested Scnqcc Date.- TBD Initial Term, 12 Months Order Surnmax+v Ikf rc ctzttl 'd dcscri Clcrxls of [hey svices a cs rtt scci ui Ihr ortier dzrai!ftLT erseh xcrui e whish rux imirporaied hi§nd raxde s pt hAr f by tris X e- NEOGOV, Inc, Propriotar}+ and Confidential Page 5 of 8 Order Form Order Detail 1.0 Insight Enterprise Edition 4.1 License Subscription N E 0 (5 r 3V * 4' The Custorner's subscription to the Insight Hiring Management Software includes the following functionality: Recruitment Customized online lob application Accept job applications online Online applications integration with currant agency website Online job announcements and descriptions Automatic online job interest cards Proactively search your applicant database Real-time database of all applioant information Recruitment and examination planning Selection Create, store, and reuse supplemental questions in the Insight item bank Screen applicants automatically as they apply Define unique scoring plans per recruitment, or copy existing scoring plans Test item bank (optional in. TMS) Conduct item analysis Test processing (automatically input Scantnort test data sheets)* Test analysis and pass -point setting Soore, rank, and referapplicants Applicant Tracking w Email and hardcopy notifications EEO Data collection: and reports Track applicants by step/hurdle Schadolo written, oral, and other exams Detailed applicant history record Skills tracking and matching Reporting and Analysis CQllect and repQrt on EEO data Analyze and report on adverse impact and applicant flow Track and analyze data such as time -to -hire, recruitment costs, staff workload, applicant quality, etc. Over 80 standard systam reports 41 Ad Floc reporting tool MR Automation 40 Create and routs job requisitiorts Refer and certify applicants electronically Scan paper application materials Cost of the scanner is not included unless listed on Exl,ibitt A - ORDER FORM Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form -set-up, and scanner softtiv-are, which are not included unless listed on Exhibit A ORDER FORM NEOGOV, Inc Proprietaryand Confidential Page 6 of 8 Order Form N E 6.J E SOV Additionally, during the term of the subscription, the Custamer will be provided: Unlimited Customer Support (6:40 AM — 8:00 lPM PT) Customer Support shell be provided to the Customer both online and by telephone Monday — Friday, 6:04 AM — 6,00 ISM FST (excluding NEOGOV halidays). product upgrades to Licensed Software Customer shall receive all product upgrades to purchased package_ Product upgrades are automatic and available upon the next login following a product upgrade rollout_ Product upgrade rollouts are generally released every three months. 1.2 provisioning The following activities are conducted as part of the Insight Enterprise implementation Conduct a project kick off meeting to revlew the project timel€ns, deliverables, and establish project expectations NEOGOV will establish an Agency -specific training environment that will be used during training and post -training to allow the Agency to learn the system and begin defining new roles, responsibilities-, and act€vities within the HR staff NEOGOV will conduct eight hours of online Instructor led training. NEOGOV MII provide all required user exercises and user guides to the Agency. OncY the core user community is comfortable with the system (typically within 10 hours of hands-on use) they vii ll train the remaining HR staff to complete their tasks using Insight_ Between the training and go -live, N EOG OV will complete the following activities: o Creating an agency -specific training environment Which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable job bulletin o Integrate your new production job opportunities, promotional opportunities, and class speCifications web pages into your existing agency website o Establish the Agency's Insight Enterprise production environment 9.3 Training NEOGOV will delivertrairiing to Agency recruiters. We will provide all required user exercises and user guides td the Agency. Following the training, your agency will have full access to the training environment. Additional€y, your agency has full access to our Customer Supper: Help Desk during the training to help new users fully utilize Insight. Our existing customers find that this unique fmplementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV, Inc. Proprietary and Confidential Page 7 cf 8 r"' 7. 1 sR5 Order Form . E0 Order Form Terms and Conditions: 1) The Customer hereby orders and Govern m entJobs. co m, inc,. (dfbla NEOGOV, Inc., hereafter "NEOGOV') agrees to provide the services described in this Order Form_ THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THI$ ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. 2) The Customer agrees that the payment schedule Is as follows: Provide all required software and Licenses One hundred percent (100%) of the annual license price is payable within thirty (30) days of exemAian of this Order Form and Service Agreement. (37,000.00) Software Provisioning for first half of Insight Enterprise Fifty percent (50%) of the non-recurring costs are to be paid to NEQGOV within thirty 30) days of the execution or this Order Form and Service Agreernent. ($2,500.00) Software Provisioning for second half of.Insight Enterprise (Cam pIstlon of Post evaluation) Fifty percent (v0%) of the non-recurring casts are to be paid to NEOGOV within thirty 30) days following the thirty day post -training period, (S2,500.00) 3) Neither the Custamer rior NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties_ 4) Changes or alterations to this Order Form +, N not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMIT ATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV. DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY. YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. Customer NEOGOV. Inc. Signature. Signature; Print Name:Print Name:m-+Q Title: A4.- Title: Date- L Date. r x- NEOGOV, Inc_ Proprietary and Confidential Wage 8 of 8 9$43 Govemmealtjobs.Com. Ina dba Naragov CeelA mte of Insurance (Page 1 of 1) 1211512016 09.25;5$ AM CERTIFICATE OF LIABILITY INSURANCE QATELIfAlDDfln^I 129&+'2011? THIS CERTIFICATE IS iZSUIED AS A MATTER OF IrJFORMATTON ONLY AND CONFER$ NO RIGHTS UPON THE CERTIFICATE t4OI-OFR, THIS CERTIRCATE DOES NOT AFFIRINATNrELY OR NEGATIVELY AMD. SXTEND OR ALTi R THF COVERAGE AFFORDED BY THE POLICIES BELOW, THIS (EFRTIFIOATE OF INSU"NCR DORS NOT CONSTITUTE A CONTRACT EETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVR OR PRODUCER, AND THE CERTIFICATE HOLDER. WPORTABT: IT tho cortlT6cat4 Holder is an ADDITIONAL FNSURI D, tho ptrlicyliou) must be endorsed_ If SUBRO(3ATION IS WAIVCD, subjsct to mo tont and conditions of tho polloy, cattaFn pol Ictss may raquim all ondar"mimit A stlatamcaf an thl6 certlfIcatle dues not confer right-^ to tm cardfleat.o holder in Ilou o1such ondormknant(s)._ w aR000L z CONTACT N TxT I4risulbncls k {84CIj 56 74i.r r;:r! r [J72) 330 34 1301 LLIrltra! may. Smlh. Sums 115 EAWL : — 7A TXTX 7013CW"Poerlakl D. pt! PI4+7vU t INSURED— —'— Govemmenljobs_Cwn, Inc. dba Nepgw 222 N Sepulveda Blvd. Ste 20DO EF Segundo, GA OD245 11 ItErxA: INSURGFdISJAFFPRDING 0012F=P PAM i Hartfgrd CasuAty, Irrsusanca CompanV 26424 IRSURER Is: Hanford Insurance GofnDaw of the Midw wast 3747R II=ReRC; ProV-r(v2ndCasuatlylrmranc@CompimyedHartfo 34690 iti-Qu,ERD; AGE IT1GUrame Com n cf Oh10 22667 1NSLF.ER E INSURER F f:Y1VC#aA C.`CR [':F+L7 YliiY: A'rP Til mARFR- LIF717$ F'ZEV1910M NUMBER_ UENERAL LIAMI nY THIS IS TO CER7tFY'CHAT THA POLICIES OF INSURANCE LI$TEb 6ELOW HAVE BEEN tSSUEO TO 7H- WOLIAM NAMED AEaVE FOR PPE POLICY PEFUDD iNnICATF,O N*TWTHUANDIN4a ANY RIFRUIREMENT, TERM CT -t CCCNDIT14F] OF ANY r ONTRACT OR CIT14F.R DOCUMENT 144TH REWECT To IAI RICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAK THE INSURANCE AFFORDED BY THE POLICFES DESCRIBED HEREIN IS SUBJECT TO ALL THE YEFVA,$ EXCI,U SKINS AND CONDITIONS OF SUCH POLIGIE$. UrdITS $HO MN MAY HAVE OEFN REDUCED aY PAID CLAIM$. YFECFIN5URA=E ROUC'/ryHrAFf.R 1?,SLfCYt!'iM1"!Y . pkr LIF717$ UENERAL LIAMI nY IS EACNOCCURINNCE 12,GBD.M PAMIM-S Eu ora rrsne S 960.006Jcommacw-GFwmo I ,ziu ej i MEDEW CAra ori pemno S 1 gG00CLa395-FJ`ADE 9DCUR 1ER30hALRADVIWIJRY S 2,OCO,C00A J e'er 46SBAZE9434 Tr2S3010 V2EIZ011 0--Nr;RAi.A03REOATE I gOC4,1'00 -.. E UMIT APPLIEUPFIR.' FREx K> P5-GOPAR10'A;;G f 4,DD 00G71LAGGRECA 1{1LIGY 11R7C. AUTOMOBILE LIRBILM 400PJL14NSI 81r+13.t IFA I S 1p0 AQ7 330AEnt) V ANYAurri j V=Lr154XRY(For pGmp) i ALL OWNED AUT05 i sColLYsvJ;ltiv¢eras dann s C SCHECULFUAL-TOS yf 4BUEenr4152 1=2010 j VTO12011 PROPErfTY LOMAG_ 140FJ011VNEDAUTOS f. I Lffi1BFiVLL0kI.lA6 mA N m4Fur,. 3 E7'v$I.Lia CLfl,ti 1,S[.LtY AGf REUATF. DEDUGUSLIE fIREYJTIONSL W0AK1ERSG0 GPENSA7bGWnpy,IRLIABIUSY E L. EACI ALY-'KENT S. 1J]OO,CL'0 AND F:rpPtCVSW ANYPROPRt-w DRTARTNEFJEWCUTIYE Y g ' OfFICEfLNf7A67t O(CLLIOCD? KI.A 46'J1cv01$10` 1f2E,2010 Wlwol1 1lanmroryhlydH) E,L[YgcA f_CAEMPL0YE 31dD0,CW I Ih11 V S 1„106_QYJKy- *rb-ib-t-uAiw DESCH/F Vv0N OF OPERATIONS below F L. Dp8r-'A5t-pol,rCY D PrrLcssianolLbhiiLy norsbrd0.I•rnirNc} I Gd29911-119wl U8'2610 1 120r1 r C urrYrrl fAyLir9(I b! S9AGn,a11DiBZDOgOCO 1303CRFi10N OF 4PERa'nOMSi LOGknmsi vrHICifiS IAltwh AWRO 101, A4ftvim1 S41v4-Ao, iFn14N spoke 15 r4gl,lro* C41VrjTpl, P01aIRrlamRdanActKiarialInuirWu11hn20erdIDGlc9eAW.Ilahilly LK I 19- 11-A I L fi i.tt-Vt" N i U " L n I-vll SHQLN-D ANY OF THE ASOVH DE^eCWBEb POt hmI S aR CANCELMD BEFLU RE City of F4rjELLevlIs TELE EXPlI A-FlON GATE 'r MFtr;Of, NOTICE. 1rJL1.L EIA pl;l I IERED 94 1131N. Muurltain AWORVANCE WITH THE nLIGy PROVISIONS. Fayetfevilte AR 72701 AUTN01117E6 RFPRE9FrITA-It2 S I p46•AUlltf Hld Lrr%V bifnrV roti r 1V IN. +ur Pry 11w r eaVI rWA ACi]R6 25 {20009} The AGORO TyTme end logo ars rcglstar>3d marks of AG47RD A Missy Lefler Submitted By City of Fayetteville Item Review Form 2013-0218 Logistar File Number NIA City Council Meet! ng Date -Agenda Item only WA for Non -Agenda Item Action Required: NWQ W juin VAmm. UOUM sabxz Chief of Stiff Department IThe Mayor's signature is needed on this $14,500 contract, which is a non -agenda item. This is the software the City will start using for job performance evaluations. Once implemented, the recurring cost will be $12,004 annually, Does this item haue a cost? Yes 14,500.00 Cost of this request 1010.1220.5416.00 Account Number Project Number Budgeted Item? Yes Previous Ordinance or Resolution # Original Contract Number: 14,500.00 Category or Project Budget 0.00 Funds Used to Date 0.00 Remaining Balance Budget Adjustment Attached? Job Perf Eval Software Program or Project Name Software Maintenance Program or Project Category General Fund Name V:1 IJOU12 Cornrnents: Per Purchasing, not subject to competitive bidding as a sole source. This is an add-on component available as a separate purchase that we can add on to the Neogov job application software systew the City already has in piece, aye ei le NON -AGENDA ITEM MEMO To; Mayor Jordan Thru: Don Marr, Chief of Staff From: :Missy Lellar, Human resources Dircetor Date: December 12, 2013 Subject: Job Performance Soft ware Contract PROPOSAL: THE CITY DF FAYETTEVI LLE, AR} MSAS DEPARTM ENT CORRESPONDENCE This proposal is for the City and Neogov to enter into a contract for fob performance evaluation softwme. This item is sold as an independent "add on" to the Neogov job application software the City already uses for hiring, PA sheets, aizd regwsitiofls. Purchasing an "add on" provides Llie City with hotter software than it could get for the same money Ercyn a brand new source, plus has the adv uxta;e o F being software many managers already use. It is anticipated that greater efTicieracies will be realized with this software, as .,vas tlxe case when the City switched from paper job applications to electronic ones. Electronic items can be electronivally routed foz x-tMem and signature; managers will be empowered to look up due dates / overdue dates on their employee evfaluatiomi, and they will also be able to see exactly where a given docurne"t is in the review process. Further, software will permit the City to do peer evaluations and reverse evaluations, which measure interactions with non-dopa-rtwental colleagaes and nianagers' treatment of suboWindles, respectively. Mary ernploycrs do these but the City never has, so this will help elevate the level of j ob performance ('eedb i-c;k. As with the prior Vcogov implementation. no IT staff' Lime tiNill he required. The platform is housed on NeoOov°s server, and HR staff will handle the implementations Ls belbre. RECOMMENDATION: Staff recommends th . purchase of this softy,, --are. BUDGET IMPACT: Mis item is already in the approved budget, for the purchase price requested Survive Agreement THIS ON-LINE SERVICES A(:REEM ENT (this "Agreement") is made and entered into this .Q f) day of Uecetuber , 2013, by and between GnvernrnentJobs.coro, Inc., a California corporation (dib..a "NBOCTO3i" ): and the City of Fayetteville, .Arkansas a public entity acting by and through its duly appointed representative Custortaer"). 1. Provision of On-line Services. a) Customer hereby engages NEOGOV, aid NF.O(10V hereby agrees (subject to the terms and conditions set forth herein), to provide the services (the "Services") rocas: Cully described in this Agreement and in Exhibit A Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and conditioned upon Cugufiner's full performance of its duties, obligations and responsibilities hereunder. 2. Additional NEOCO + Resr onsihilitics. Tn cunnectian with the performance of this Agreement, NEOGOV shall be responsible for the following; a) tiLOG OV shall provide all required bmAing and operations support for the applications provided through this agreement. b) NEOGOV shall follow those support; maintenance and other procedures and shall provide those support, maintenance and other services to Customer mare ful ly dcscribcd in this Agreement. 3. CUSt8]n_cr Rcsponsibalitie& ID connection with the performance of this Agreement and the provision of the Services, Customer shall be reapoisible for the lullowin?: a) NI;OGOV's logos, including the "powered by" Ingo, may appear on the "employment opportunities", "job description" and other pages of Customer's web site that the Customer agrees to in writing. h) Customer shall be responsible for ensuring that Cnst,UrncrN use of the Services and the performance of Customer's other obligations hereunder comply with al laws applicable to Customer_ c) Customer shall be responsible, as between NF.QGC)V and Customer, for the accuracy and completeness of all records and databases provided by Q3st4n1er in ecn,nectian with this Agreement for use on NEOGOV's system. 4. G yucrsltii, Prcrstio:r and Securzty_ a) The parties agree that the NF.00OV marks and the Customer marks shall both be displayed an and through NEOGOV's system(s). b) Ownership of any graphics, text, data car other information or content materials and all records said databases supplied or Airnished by Customer hcxs;rmder for incorporation into or delivery through the application(s) desc-nbacl in this agreement shall rvinain with Cmtomer, and NEUGOV shall cease use of all such material upon termination of this Ag eentent. c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect. to NIFOGOV's snftwarc system (source code or object code) other thara the rio, it to receive Services as expressly provided herein. NEOGOV shall retain all ownerrship in the intellectual property acid all other proprietary rights and into—Lsts associated with KL40GOV's software system and Services and all components thereof and associated doculmentnti(m, CXU,`pt as expressly provided herein, d) NEOGOV grants to Customer a lirnited license daaing the term of this Agreement to use and reproduce NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity NEOGOV. Inc, Page I of 8 materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and requirements for use of such trademarks and logos. 5_ NEOGOV Rc rmentations rind Warranti.c3. a) SA.rvice Perfarmanee Warranty. NEOGOV" warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof b) No Other Rrarraray. EXCEPT FOR TEE EXPRESS WARRA,MBS SET FORTII IN THIS SECTION 5, TILE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUST020ER'S t -SE OF TI IE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT'AAKE., AND IIEREBY DISCLALI4S, ANY AN -D ALL OTHER EXPRESS AND. -'OR IMPLIED WARRANTIES, INCLUDING. BUT NOT LIMITED TO,WARRANTIES 01; IAERCILA-NTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGENIENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE. OR TRADE PRACTICE. Nr.OGOV DOES NOT WAI'tRANT TIIAT TIIE SERVICES I ILL BE UMNTE,RRUPTED, ERROR -FREE, OR COMPLETELY SECURE. c) Disclaimer of A crions Caused by artetlm Linde)- the Control of Third I'arties, NEOGOV DOLS NOT AND CANNOT CONTROL THL I'Lo OF DATA TO OR FROM THE NEOGOV SYSTEM AND O'IHLR FOR'11ONS Of '114E.1'N'1'L.RNE'T'. SUCH FLOW DEPENDS 11\1 LARGE PART ON THE Pr,It1+OkMANCE- OF INTERNET SL•'RV10ES PROVIDE -L) OR C:ONIROLLEW BY T141 I) PARRIES. A'1' 'ITME.S, ACTIONS OR INACTIONS OF SUCH 'THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO 1,HL''• Imm-RNE'f' (OR POk'11ONS '114117REOr), ALTHOUGH NEOGOV NkILL USE COMM1,RC:IALLY REASONABLE E1 -'FORTS TO'CAKE ALL ACTIONS IT DEEMS APP1t01'1t1AI'L TO RJ MEDY AND AVOID SUCH EVENTS, NEOGOV CANNU'1' GUARANTEE. THAT SUCH LvENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROh1 OR RELATED TO SUCH EVL.NIS. 6. Fublieiiy. following execution of this Agreement, the parties hereto may issue a press release, the form and substance of which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement. Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party, which consent shall not be unreasortably witbheld. 7. NondiscIrisitxe. Through exercise of each patty's rights under this Agreement, each panty may be exposed to the other party's technical, financial, business, marketing, planning, and other infarntation and data, in written, oral, electronic, mapietac, photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly rnartced or identified and (ii) other communications which a reasonable person would reco Mize from the sulToundigg facts and circurnstances to be contidentaal or secret ("Confidential Information") and trade secrets. In recognition of the other party`s need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, without the express prior 1nzitten consent of the other party or except as required by lain including the Freedom of Information Act of the State of Arkansas. redistribute, market., publish, disclose or divulge to any other person, firm or entity, or use or modify for use. directly or indirectly in any way for any person or entity_ (i) anyof the other party's Confidential Infonnation duriug the term of this Agreement and for a period of three (3} years after the termination of this Agreement or, if later, from the last date Services (including any warranty work) are performed by the disclos ing party hereunder, and (ii) any of the other party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. S. Liability Limitations, a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOy's NEOGOV, Inc. Page 2 of 8 Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infringement relates ro any third party sofh-vare incorporated into NEOtiOV's applications), NE000V will defend such action at its expense and will pay any and all fees, costs or damages that may be finally awarded irk such acrion or any settlement resulting from such action (provided that Customer shall penult NEOGOV to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without NEOGOV's prior whtten approval). b) Customer acknowledges and agrees; (i) that NEOGOV has no proprietary, financial, or other interest in the juucis or services that niay be described in or offered through Customer's web site; and (ii) that except with respect to any material suppiled by NLOG 0V, customer is solely responsible (as beim een -NEOGOV and Customer) for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customers web sire. c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET VORTH IN TfIIS AGREEMENT, NEOGOV DOES NOT MAKE A -NY WARRANTIES TO CUSTOAIFR OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOIJT LiMfTATiON, ANY WAR1L4d`%'PIES OF MERCHANTABILITY OR FITNIFSS FOR A PARTjCI.LAR PUIRPOSF.) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. 1ti FOGOV SHALL NOT 19F LIABLE TO CUSTOMER OR TO ANY OTIiER PERSON OR ENTITY, UNDER .ANY CIRCUMSTANCE DIS DuE TO ANY EVENT WIIATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE, d) l;n*r no circumstances ~hall NEOGOV's total liability to Customer or any other person, regardless of the nuture of thi; claim or Corm or action (,,vhclher arising in conrract, tort, strict liability or otherwise), exceed the aggregate amount cif recti and nvenui received by NEOGOV hereunder for the prior twelve (17) monrh period; 1)rovided, however that the inrcgoing limitations set forth in this Section 8(d) shall not apply to actions broaght under s(a) above or to any injury to persons or damages to property arising out of NEOGOV's gross negligence or willful., gross tnisconduci_ 9_ Terni and Termination. a) This Agrecrnent shall commence as of the date hereof and remain in effect for thirty-six (36) months unless terminated by zither party as set forth herein ("Initial Tenn"), b) This Agreement may be renewed for additional terms (" Renewal Term") equal in duration to the Initial 'Perin pruvidcd Customer notifies NLOG OV ai least thirty (30) days prior to the end of the Initial Term or a Renewal Term_ c) N140GOV reserves the right to terminare this Agreeinenr immediately if the Services provided hereunder 4vuome illegal or conlran, to any applicable Jaw, rule, regulation or public policy_ Each party shall have the right to terrninalu thiq Agreement upon Sixty (60) days prior wrilten notice to the other party. d) IVithin sixty (60) days of nnliJicatitrn of termination of this Agreement, Nt;C}C' OV shall provide Cusw[ncr NALh a dedicated data files suitable for importation into commercially available database software (e.g-, M- S -Access or NIS-SQ1.) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The Structure c)f the relational database will be specific to the Customer's data and will not be representative of the PT(TrieLary NEOGOV database. NE(XiOV shall likewise refund customer its prorate share of prepayment by customer for twelve (12) months of service and -or maintenance fees or any other ainonuts pre -paid by customer to NF,[)GOV. 10. piynieuts a) fnirral Term- See L-`xhJbit A (Order Form) b) Renewal fertn(s)_ For each Renewal 'Terni, NEOGOV will continue to provide Customer with the Services, and NEOGOV. Inc. --- - Page 3 of 8 will pnwide maintenance and support SerViCCS as described herein, provided C:ustonner issues a purchase order or- rnodiitcation to this Agreement and pays N EM, OV in advance the annual r4cLirring charges then in effect. 1f there is an incrcaxc in annual maintenance m)d support charges, NEOGOV .shall give Customer written notice of such incyea.x: xL least thirty (30) days prior to the expiration of the applicable term_ For each Renewal Ternn, iucremes in annual maintenance and support charities shall not exceed the five percent (5%). 11. Force >ylajemre_ NLOG OV shall not be liable fin any damages, costs, expenses or ether consequences incurred by Customer or by any other person or entity as a result of delay in or inability to dg1ivcr any Services due to dreumstances or eVCntx beyond NEOGOV's reasonable control, including, without line tation: (i) k=% ofGod; (11) changes in qr in the interpretation of any law, rule, regulation or ordinance; (iii) strikr:s; lockout, or other hibor problems; (iv) tranxportatian delays; (v) unavulabibly or 4upplles or materiab; (vi) fire nr explUsioct; (Vii) riot, military action or usurped powor: or (viii) actidttis or fuilta-cs to act on the part of a goysmmental aut.hiority_ 12_ Ttisi.ellar e«rt!;_ Eith T parry may not assisn its rights or obligations uuder this Agreement without the prior written conscriL of the other party, This Agreement may not be modified or amended (and no rights hereunder may be waived) e;xcupL through a written instrurtrent si?ncd by the party, to be bound. Thix Agreement constitutes the entire iireemunt bet,zvecn the parties with respect to the subject matter hereof and shall be governed by and corrstR1Jl an accordance with the laws of the State of Arlmsas, without giving eMeCL to Conflict of lazy rules. Customer acknowledges and agrees that this agreement is not intended to be and shall not he construed to be a franchise or bu%incm opportunity. IN WITNESS WHEREON; the parties have cuuxcd this Agreement to be executed by their respective duly authorized offiee:rx as of the date set forth A) c, custamer Signature; Print Name: L i et, r 1"•) d•_n Title; A 44t r- Government)obs.coFri, Inc., a California co .at1on signature _2-' Prhittiame: Scott f.ettytrmM Title. _ presidwt Date: l 2 O NEOGOV, Inc. Page 4 of 8 Order Form NEO, Fayetteville, Cite of Arkunws hll(xssv i.eflar Human Resources Dimuor mktlarCJ)tayetteville-ar gov 479) 575-8298 Quote Date: Valid From - Valid To; Order Summar EX 11 [ B IT A — 01WER FORM Fayetteville, City of Arkansas Missv Leflar J 13 West Mountain Fayetteville, RR 72701 12!12.:2013 Revision, 12'12-'2013 1.2/31/2033 Order Number: TBD Initial Tarns: 1.0 1'erformance Evalunfion 1 _ l License Subscription, 12,000,00_ 1-2 Provisioning $2,500,00 1.3 can -line User Training Total $14,500.00 vsy ,• 'y' Via. . c sem. : ` R i,'nlirnllcd Customer Support M — F: 6'(1{} ,q _ {,{{} Y[49 1''l' Included Product Upgrades to Licensed Software Included NEQGGV, Inc_ Proprietary and Confidential Page 5 of $ Order Form NEOOT EXHM <T A — ORDER FORM rder Detail 1.4 NEOGOV Per rormance Evaluation (PE) LI PE Subscription License l'he annual license for the \EOGOV Pertbmiance Fvaluations Softare includes the following: Configurabie Perfornianae Evaluations Development Goals Team. G]'ouping Coi)fwurable Work 17ow goal Library r Ability to Dcsign Custom Forms Shareable Competence Content Norm Templates Goal Copying. Configurable Rating Scales Ability to Re-usu {loins Batch Fonn Creation Qrg Charts IF Goal ,Alignment Archiving Fornis 6oal Hierarchy Up[oading Content Writing Assistaut—Shared Content Additionally, during the germ of the subscription, the C:ustorner wi[I be provided: Product Upgrades to 1.icensed Software Agencies receive all prodtxt upgrades to purchased package. Product up_pmdes are automatic and available upon the next loyin fallowing a product upgrade rollout. Product upgrade rollouts are generally released every three months 1,2 PF Provis h in i ng The following U4Jivftics arc a7nduetcd as part of the'NEOGOV PE imp] ementation Assign a NFOGOV project irrrplementation specialist Conduct 1-trojcct kick off conference call to proAde an over -view oJ'thc system, review implementation plan, and discuss deliverables timeline, project roles and m igtnncnLs FstabJish your agency's perfonuance evaillatiorl production cnvironmcnt Provide import of existing employee data into the system 1.3 PE Traiuing Training is a one-time cdst and includes the IbIIowirro: Unlimited online training; with on -demand, selfrunning tutorials Access to monthly conference culls with PH users Access to the online NF.OGOV Community, a discussion forum to network witli other users and pruvidc answers to your PE questions Customer Support shall be provided to the Customer both on-line and by telephone Mor day Friday, 6-00 ANI -6.00 PM PT (excluding \FOGaV holidays). NEOGOV, Inc. Proprietary and Confidential Page 6of8 Order Farm Order Form Tcr•rns and Conditions: NEOGOV" 1) Thu Cusiorntr hereby orders and Gor'ermnentJobs.com, Inc. (d;'bla NEOGOV, Inc.: hereafter"I IlAGa1") agn:es to prtjvide the senJces described in this Order Form, TI IE SERVICES ARE PROVIDED PERS IJANT TO THF TFRTvIS ANT) COIF DITIONS OF TIES ORDER FORM AND TIIE SERVICIi AGREEMENT BF.TWF.FN NEOGOV AND TAB CUSTOMER. 2) The Customer agrees that the pa,'rncnt schedtLlc i:t a:c fnl10WS: Provide aR required software and licenses One bundred percent (10V/,j) of the annual Iicense price is payable within thirty (30) days of exCcuuon of this Order Fonn and Service Agreement. ($12,000.00) Software Provisiorritrg Ojie hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty- (30) days oC the execution of this Order Form and Service Agreement, {S2,500.0) Training; One hundred px.n c n1(100%) of the noD-recuning costs are to be paid to NEOCTOV within thirty. (3 0) days of thu execution of this Order Farm and Service AWeement, ($0) 3) NOtber the Customer nor NEOGOV will be bound by this Order Porra until it has been signed by aLLth0TiYCd represmitatives of both parties. 4) Changes or alterations to this Order Form will not be aculpwd. TIIEREARE SIGNIFICANT ADDITIONAL -I-E-R.V1S ANIS CONDITIONS, WARRANTY DTS('I.AIMFR S AND LIABILITY LIMITATIONS CON'1'AINE-1) IN THE; SERVICE: A(IREEME:NT BETIWFFN THF. CUSTOMER AND NEOGOV. DO NOT SIGN THIS OkDL-RVORM BE] -ORE Y 0 U HAVE READ THE SERVJCF. ATRF.EWN' T 1N TTS ENTIRETY, YOUR SIGNNATURF, BELOW 1N'D1CA'1'IE.S 'I'ELAT YOIJ HAVE READ THE SERVT('F AGREEMENT AND AGREE TO BE 1301JND 13Y ITS PRO VIS10NS. Cumtorner 4-- NEOCOV.Inc. Signature: Print Name, A rr, Print Name: Crt3tt Lctt urncau Title; J Title; President Date: r ,—_ Date;l. t NEOGOV, Inc_ Proprietary and Confidential Page 7 of 3 NEOGOV Order Form Approval City of Fayetteville Staff Review Form 2023-0839 Legistar File ID N/A City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 8/4/2023 INFORMATION TECHNOLOGY (170) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the attached NEOGOV order form to add a Text Messaging subscription to the existing NEOGOV agreement to improve applicant engagement. Budget Impact: 1010.120.1220-5416.00 General Fund Account Number Fund Project Number Project Title Budgeted Item? Yes Current Budget 59,802.00 Funds Obligated 58,379.31 Current Balance 1,422.69 Does item have a cost? Yes Item Cost 641.68 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 781.01 V20210527 Purchase Order Number: Previous Ordinance or Resolution # 145-45,15-19, 213.17 Change Order Number: Original Contract Number: Comments: Approval Date: 08/10/2023 CITY OF FAYETTEVILLE ARKANSAS STAFF MEMO TO: Mayor Jordan THRU: Susan Norton, Chief of Staff Missy Cole, HR Director FROM: Keith Macedo, IT Director DATE: SUBJECT: August 4, 2023 Approval of the attached NEOGOV order form to add Text Messaging to the existing NEOGOV agreement to improve applicant engagement. RECOMMENDATION: Approval of the attached NEOGOV order form to add a Text Messaging subscription to the existing NEOGOV agreement to improve applicant engagement. BACKGROUND: The city has utilized NeoGov since 2010 for new employee applications and over the years have added modules to include performance evaluations, onboarding, and integration with Tyler New World ERP. NEOGOV is a completely hosted software solution that has a solid history of upgrading their products to take advantage of new technology and improve functionality. Earlier this year HR went live with NEOGOV Onboarding module which has improved the efficiency of new hire processing and the new Text Messaging subscription should continue HR's goal of optimizing applicant processing and onboarding. DISCUSSION: The attached order form will approve the purchase of NEOGOV Text Messaging annual subscription which will allow HR and hiring supervisors to communicate with applicant via text message, in addition to the existing email functionality. HR and IT staff have reviewed the Text Messaging subscription and believe it will help improve the efficiency and timeliness of communicating with applicants. The attached proposal will be added to the City's existing NEOGOV agreement and will co -term on the same date of December 30. BUDGET/STAFF IMPACT: The cost of the Text Messaging subscription is currently $1,535.00 per year but the first year is pro -rated at $641.68, to align with the existing December 30 agreement date. Funding is available within the HR operating budget software maintenance account to fund the $641.68 within the FY 2023 budget and HR is requesting a new budget request for $1,535.00 to fund the NEOGOV Text Messaging subscription for FY 2024. Attachments: Staff Review Form, Staff Review Memo, NEOGOV order form. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 t Exhibit A Order Form NEOGOV Governmentjobs.com, Inc 2120 Park PI, Suite 100 El Segundo, CA 90245 United States billing@neogov.com Sales Rep: Rock Syddall dba "NEOGOV") Quote Valid From: 7/13/2023 Quote Valid To: 7/31/2023 Employee Count: 610 Order Summary Candidate Text Messaging Prorated NEOGOV Customer: Fayetteville, City of (AR) 113 W. Mountain Fayetteville, AR 72701 USA Quote Number: Q-11658 PaymentTerms: Annual,Net 30 Subscription Term in Months: 20 Service Description Start Date End Date Term Price (USD) Candidate Text Messaging Subscription 7/31/2023 12/30/2023 641.68 Candidate Text Messaging Prorated TOTAL: 641.68 Candidate Text Messaging Year 2 Service Description Start Date End Date Term Price (USD) Candidate Text Messaging Subscription 12/31/2023 12/30/2024 1,535.00 Candidate Text Messaging Year 2 TOTAL: 1,535.00 ORDER TOTAL (USD) : 1 $2,176.68 A. Terms and Conditions 1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the "Effective Date"). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties. I Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non -cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B. Special Conditions (if any). Pro -Rated SaaS Subscription Fees shall be due net thirty (30) from date of NEOGOV invoice. Annual SaaS Subscription Fee invoices shall commence after expiration of the Pro -Rated Term Fayetteville, City of AR)" r Signature: Print Name: Mayor Lionel ordan Date: 08/10/2023 NeoGov Order Form - Single Sign On Module City of Fayetteville Staff Review Form 2024-0570 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Keith Macedo 8/30/2024 INFORMATION TECHNOLOGY(170) Submitted By Submitted Date Division/ Department Action Recommendation: Approval of the attached NeoGov ordering form to purchase NeoGov's Single Sign On module. Budget Impact: 4470.170.8170-5315.00 Sale Tax Capital Account Number Fund 24007 IT Enterprise Application Improvements Project Number Project Title Budgeted Item? Yes Total Amended Budget 165,000.00 Expenses (Actual+Encum) 31,467.90 Available Budget 133,532.10 Does item have a direct cost? Yes Item Cost 3,150.00 Is a Budget Adjustment attached? No Budget Adjustment Remaining Budget 130,382.10 V20221130 Purchase Order Number: Previous Ordinance or Resolution# 7 q Change Order Number:Approval Date: 09/09/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO ARKANSAS TO: Mayor Jordan THRU: Susan Norton, Chief of Staff FROM: Keith Macedo, Information Technology Director DATE: August 30, 2024 SUBJECT: Approval of the attached NeoGov ordering form to purchase NeoGov's Single Sign on module. RECOMMENDATION: Approval of the attached NeoGov ordering form to purchase NeoGov's Single Sign on module. BACKGROUND: The city has utilized NeoGov since 2010 for applicant tracking, online job posting, and job performance software. City staff continues to review how to improve NeoGov to increase the efficiency of applicant tracking, onboarding of new hires, and performance reviews. DISCUSSION: Human Resources is in the process of revamping the annual performance review process and is going to implement digital signatures. NeoGov digital signatures will require all employees to login to NeoGov which currently requires a separate login and password. The attached order will add the NeoGov single sign on module to our NeoGov software which will enable staff to login with their existing network/email login. This will reduce the complexity of logging into NeoGov and decrease the number of support calls related to password resets and login issues. BUDGET/STAFF IMPACT: The NeoGov single sign on module is an additional $1,823.00 annual fee, which will be paid as part of the existing annual maintenance agreement from the HR Contract Services account. The annual fee is subject to a 5% annual increase per the existing NeoGov agreement. There is an additional one-time implementation fee of$3,150 which will be paid by the IT Enterprise Application CIP project. Attachments: Staff review form. Staff review memo, NeoGov Order Form Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Exhibit A NEOGOVOrderForm NEOGOV Customer: Governmentjobs.com, Inc. (dba "NEOGOV") Fayetteville, City of (AR) 2120 Park PI, Suite 100 113 W. Mountain El Segundo, CA 90245 Fayetteville, AR 72701 United States USA billing@neogov.com Sales Rep: Emily Willis Quote Valid From: 8/21/2024 Quote Number: Q-17564 Quote Valid To: 9/20/2024 PaymentTerms: Annual,Net 30 Subscription Term in Months: 12 Employee Count: 610 Order Summary RECURRING Service Description Start Date End Date Term Price (USD) Single Sign On Subscription 1,823.00 RECURRING TOTAL: 1,823.00 ONE-TIME Service Description Start Date End Date Term Price (USD) Single Sign On Setup 3,150.00 ONE-TIME TOTAL: 3,150.00 ORDER TOTAL (USD) : 4,973.00 A. Terms and Conditions 1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement. 2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the "Effective Date"). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties. 3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement. 4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications. B.Special Conditions(if any). Fayetteville, City of NEOGOV AR)" Signature:Signature: LauA.a, AC4.- Print Name: Print Name: Mayo ioneld Jordan Laura Rice, Revenue Manager Date:Date: September 9, 2024 August 30 2024 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-114 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Hawkins-Weir Engineers, Inc. - Amendment No. 6 for Goshen Water Storage Tank Improvements RECOMMENDATION: Staff recommends the approval of Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $97,130.00 for construction observation and project management services associated with the Goshen Water Storage Tank Improvements project. BACKGROUND: The Goshen Water Storage Tank Improvements Project consists of removal and replacement of internal and external water tank coatings and updates to safety and mixing equipment on this 300,000-gallon ground storage tank. This project is expected to advertise for public bidding in 2026. This tank has been recommended for rehabilitation for many years, but could not be taken offline until other improvements in the Gulley/Goshen areas were recently completed. DISCUSSION: This contract amendment will provide the funds necessary for Hawkins-Weir to update plans, specs, and permits for project bidding and to observe the contractor’s work in the field, provide help with RFI’s or change orders as necessary, conduct quality control testing, and properly survey and certify the completed work. This engineering contract has involved several other scopes in this area over several years. The Purchase Order from 2017 was closed in 2024 after the previous phase was complete, and it had a remaining balance of $39,400.00. Therefore, the net contract increase for Amendment No. 6 is $57,730.00. The entire balance of $97,130.00 for Amendment No. 6 will be issued on a new purchase order pending City Council approval. Also, previous amendments included $33,920.00 in reimbursable expenses outside the Not-to-Exceed fee. These reimbursable expenses will carry over to Amendment No. 6. BUDGET/STAFF IMPACT: Funds are available within the Water Tank Improvements account. ATTACHMENTS: 3. Staff Review Form, 4. Amendment No. 6 Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-114 A RESOLUTION TO APPROVE AMENDMENT NO. 6 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH HAWKINS-WEIR ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $97,130.00 FOR ADDITIONAL SERVICES ASSOCIATED WITH THE GOSHEN WATER STORAGE TANK IMPROVEMENTS PROJECT WHEREAS, on October 3, 2017, the City Council approved Resolution 206-17 authorizing a contract with Hawkins-Weir Engineers, Inc. for the Goshen Water Storage Tank Improvements Project; and WHEREAS, Amendment No. 6 will provide the funds necessary for Hawkins-Weir to update plans, specs, and permits for project bidding and to observe the contractor’s work in the field, provide help with RFI’s or change orders as necessary, conduct quality control testing, and properly survey and certify the completed work. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes Mayor Rawn to sign Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $97,130.00 for additional services associated with the Goshen Water Storage Tank Improvements Project. City of Fayetteville Staff Review Form 2026-114 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 1/14/2026 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends the approval of Amendment No. 6 to the Professional Engineering Services Agreement with Hawkins-Weir Engineers, Inc. in an amount not to exceed $97,130.00 for construction observation and project management services associated with the Goshen Water Storage Tank Improvements project. Budget Impact: 5400.720.5600-5314.00 Water and Sewer Account Number Fund 14010.1 Water Tank Improvements Project Number Project Title Budgeted Item?Yes Total Amended Budget $2,252,266.00 Expenses (Actual+Encum)$2,838.00 Available Budget $2,249,428.00 Does item have a direct cost?Yes Item Cost $97,130.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $2,152,298.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: AMENDMENT NO. 6 TO THE AGREEMENT For PROFESSIONAL ENGINEERING SERVICES BETWEEN CITY OF FAYETTEVILLE, ARKANSAS AND HAWKINS-WEIR ENGINEERS, INC. In accordance with the AGREEMENT For PROFESSIONAL ENGINEERING SERVICES for the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements (HW Project No. 2017076), dated October 3, 2017, between the City of Fayetteville, Arkansas (hereinafter called Owner) and Hawkins - Weir Engineers, Inc. (hereinafter called Engineer), Owner hereby authorizes Engineer to proceed with engineering services as modified by this Amendment No. 6. SECTION 1- SCOPE OF SERVICES 1.1 Amendment No. 6 is for rebidding and construction phase services for the Goshen Ground Water Storage Tank Improvements (Task 10 and Task 11). The services associated with Tasks 10 and 11 are detailed in the Engineer's attached Scope of Services dated December 18, 2025. SECTION 2 - TIME OF SERVICE 2.1 The scope of services as defined above is based on addressing the Task 10 and 11 services within 360 -calendar days. Engineer will proceed with providing the services set forth herein immediately upon execution of this Authorization by all parties. SECTION 3- COMPENSATION 3.1 Owner shall compensate Engineer for providing the services set forth herein in accordance with the terms of the Agreement. Total payment for Scope of Services described herein shall not exceed Ninety - Seven Thousand One Hundred Thirty and 00/100 Dollars ($97,130.00) without written approval of Owner. Amendment No. 6 Page 1 of 2 December 18, 2025 3.2 Amendment 6 includes an adjustment to the fee amount approved under previous Amendments for Engineering Design Services and Reimbursable Expenses associated with the Goshen Ground Water Storage Tank and Benson Pressure Plane Improvements. An amount of $39,400.00 will be reallocated from the Goshen Tank Improvements Construction Management, Benson Elevated Tank Improvements Advertising and Bidding, Benson Pressure Plane Improvements Construction Management, Benson Elevated Tank Improvements Construction Management, and Reimbursable Expenses to reduce the amount for the Scope of Services from $97,130.00 to $57,730.00. 3.3 These additional services and fee adjustments will increase the Agreement's not to exceed fee by a net amount of $57,730.00 to Four Hundred Fifteen Thousand Ten and 00/100 Dollars ($415,010.00). Attachments: Scope of Services dated December 18, 2025 Fee Proposal dated December 18, 2025 2026 Standard Hourly Billing Rate Structure Certificate of Liability Insurance (2 Pages) AUTHORIZATION BY: CITY OF FAYETTEVILLE, ARKANSAS By: Honorable Molly Rawn, Mayor Date: ACCEPTED BY: HAWKINS-WEIR ENGINEERS, INC. By: Brett D. Peters, P.E. President and CEO Date: 12 i is 2025 Amendment No. 6 Page 2 of 2 December 18, 2025 Appendix A Amendment No. 6 Scope of Services Goshen Ground Water Storage Tank and jJJ Benson Pressure Plane Improvements Cit of Arkansas Y Fayetteville, CITY OF FAYETTEVILL.E HW Project No. 2017076 ARKANSAS December 18, 2025 Task Description Task 10— Goshen Ground Water Storage Tank Rebid 1. Revise Goshen Ground Water Storage Tank Plans and Specifications for Rebidding purposes a. Update City of Fayetteville Front End Documents to current versions b. Incorporate the use of the Pre -Purchased Tank Mixing System into the Design 2. Submit revised Plans to the Arkansas Department of Health for review and approval 3. Submit revised Contract Documents to the City of Fayetteville Purchasing Department for review and incorporate any comments 4. Participate in a Pre -Bid Conference with the Owner and prospective bidders 5. Prepare any necessary Addendums 6. Review the Certified Bid Tabulation prepared by the City of Fayetteville and prepare a recommendation to the City for the award of a Construction Contract 7. Assist in the preparation of Contract Documents for execution between the City and Contractor Task 11 — Construction Phase — Goshen Ground Water Storage Tank Improvements 1. Conduct Pre -Construction Conference with the Owner and Contractor a. Prepare Meeting Summary 2. Provide periodic observation during construction 3. Conduct up to two (2) progress meetings a. Prepare Meeting Summaries 4. Prepare, review, and coordinate the dissemination of construction documentation including material submittals, testing results, field orders, and change orders as directed by the Owner 5. Review the Contractor's constructed quantities and prepare monthly pay requests for the Owner's approval 6. Coordinate and conduct a final inspection with the Contractor and the Owner, and prepare a punch list of deficient construction items for the Contractor to address 7. Prepare Record Drawings of the completed project and provide one (1) reproducible hard copy and one (1) electronic copy for the Owner's archives 2017076\Appendix A Amendment 6 Scope of Services 121825.docx Page 1 of 1 C fl 10 C 0) O. O fC6 E N o > 0) O. two YN.In M CL L C) N v O E Q N LLN G 00 f0 J 0 L L.L O u .E a o a C7 E v o cv Q t C N N 0O CG .O a) Y C Cu Cl) ti4 i O N a1 Cu C tO C a) s O U r -I Y Cu I — Y 0t co N N 0 0 CO 'G' N 0 O N M '-1 0 0 00 0 � ^ u'1 N CO zt CO +m' U M M V? 1/0 Vl N -1 N 1/0 1/1 1? V} 03 -1 ci V) V} V) Ln N O O ON N N c�-I CO N 00 O — OD +-' N 0 lD 00 N c7' O3 N V' O O ON w Q M 1/} N Q= 0303 03N 0 zt Q V) u VT vi O O O U O0/0 O 0 N LLI V? OO w 030303 0 0 0 0 In V} Lr1 — ^ CF N N 0 O �t C > NO3 00 110 1/0 Y E E 0 O L(1 M 0 O O O 0 N O O (0 O 0 O CD O 00 O 0 0 Ct c -I 00 lD L(1 O 0 03 L(1 0 0 U N V? .--I V? Ln N M 1/(1/) ci CD 1/? 03 M N N V? VT 0 03 m Ct 0303 N N I:) 2 M + O O 00<1/0 03 L N O N 03 CO Q U N N 0 — 1 /? O U i w 00 '^ O N N V} 0 N w V CY N 00 t N LD W 0 0 0 N 1/T N d N W O LC N V? N V} E E Z) 00 m 00 a) E 00 O n. 0 3 0 C u C 0 U C a) m U C a E J H L O 0 m m = o u a a m E C Q Q 000 O am 0 U v L w LL N o C Y aJ m 0 Y 6 O 7 v m O O = d a) c O yL a) C O L p C 0 0) C C 0 Y L 0 m a) s v o n O m yo CO a) d Y O U U O C 0. _0 m Q B u O m Y N m cu L v O .Y Y CL ai m C m N a) O O O a) v m -0 a) 0 E L u - n u O (LO u m C Y m C t C ) Ou m v ° o v u ca O U O O O L a Y W m Y Dint! 1 Y w 8S Cl al 7 Dl lD N m m E E J 0) 0) n 00 C 0) C 00 Hawkins -Weir Engineers, Inc. Hourly Rate Schedule: 2026 Description Billing Rate/Hour Engineer VII $275 Engineer VI $250 Engineer V $225 Engineer IV $200 Engineer III $175 Engineer II $150 Engineer 1 $125 Environmental Specialist II $130 Environmental Specialist I $110 Designer III $145 Designer II $135 Designer I $120 Civil Eng Assistant II $100 Civil Eng. Assistant I $80 Digital Design Manager $150 BIM Modeler III $145 BIM Modeler II $135 BIM Modeler 1 $125 CAD/GIS Technician III $135 CAD/GIS Technician II $125 CAD/GIS Technician I $115 Construction Manager II $150 Construction Manager I $130 Construction Observer IV $140 Construction Observer III $120 Construction Observer II $110 Construction Observer I $100 Surveyor $175 GPS Survey $200 Survey Technician $50 Business Manager $100 Graphic Designer $100 Administrative $75 Reimbursable Expenses Mileage $0.77/mile Printing @ Cost Travel @ Cost Expert Witness Rate x 2.0 Other Direct Costs @ Cost Notes: 1. Hourly rates may be equitably adjusted 2. Adjustment to rate schedule will not change contract lump sum or NTE amounts 3. If a conflict exists, hourly rates & reimbursable expenses will be invoiced per terms of Agreement. HAWKENG-01 M(0RGAN 4 RQX CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/4/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BHC Insurance Euper 5500 Lane P.O. Box 3529 Fort Smith, AR 72913-3529 CONTACT NAME: PHONE (A/C, No, Ext): (479) 452-4000 (A//c, No):(479) 484-5185 E-MAIL ADDRE INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Em to ers Mutual Casualty Company 21415 INSURED INSURER B : EMCASCO Insurance Company 21407 INSURER C : Accident Fund National Ins Co 12305 Hawkins -Weir Engineers, Inc. INSURER D: P.O. Box 648 Van Buren, AR 72957-0648 INSURER E: INSURER F: COVERAGES CFRTIFICATF NI IMRFR- Ri=\/ICIC MI All IIAARFD- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LT TYPE OF INSURANCE ADDL D SUER WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR 6W68047 11/1/2025 11/1/2026 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 500,000 $ MED EXP An one person) $ 10,000 PERSONAL & ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC JECT GENERAL AGGREGATE 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 $ $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY (Per person) $ ANY AUTO OWNED I1 SCHEDULED AUTOS ONLY X AUTOS 6E68047 11/1/2025 11/1/2026 BODILY INJURY (Per accident) $ Peer accidentDAMAGE $ X AUTOS ONLY X NON -OWNED UUTN A X UMBRELLA LIAB X I OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE 6J68047 11/1/2025 11/1/2026 DED X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 100119068 11/1/2025 11/1/2026 X IPER I I 0TH - STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Equipment Floater 6C68047 11/1/2025 11/1/2026 Scheduled DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project # 2017076 Goshen Water Storage Tank & Pump Station/Benson Standpipe City of Fayetteville, AR 113W Mountain St Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HAWKENG-01 A 17� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/10/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BHC Insurance 5500 Euper Lane P.O. Box 3529 CONTACT ONTCT CL Service Team #4 (Xt. 0704) A/CNNo, Ext): (479) 783-2255 (A/C, No):(479) 484-5185 ( aD E-MAIL BHCservice4@bhca.com Fort Smith, AR 72913-3529 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Pacific Insurance Company 10046 INSURED INSURER B: Lexington Insurance Company 19437 INSURER C: Hawkins -Weir Engineers, Inc. P.O. Box 648 Van Buren, AR 72957-0648 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NI IMRFR- P /iQlnnl nn InnD=o. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL I SD SUER WVD POLICY NUMBER POLICY EFF MMIDD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ PREM SES (Ea occurence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY accidentDAMAGE $ HIRED TONLY AUUTOS ONL� UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under N / A PER 0TH - STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liab 21OH065549825 7/11/2025 7/11/2026 Aggregate 4,000,000 B Excess Liability 015136178 7/11/2025 7/11/2026 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Project: 2017076, Goshen Storage Tank and Benson Pressure Plane Improvements City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-78 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff FROM: Tim Nyander, Utilities Director SUBJECT: Bid 25-54 OPW Commercial Services of Arkansas LLC — Fire Hydrant Painting RECOMMENDATION: Staff recommends awarding Bid 25-54 and approving a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville’s water service area, and approval of a project contingency in the amount of $9,400.00. BACKGROUND: On Tuesday, December 16, 2025, sealed bids were opened for Fire Hydrant Painting. This involved approximately 1,000 fire hydrants to be cleaned, primed, and painted. There were 12 bids received with the following results. Bidder Amount Bidder Amount 1 OPW Commercial Services $47,000 7 Sandridge Construction $144,990 2 S & S Sealcoating Inc $60,000 8 DC Sparks Construction $164,240 3 ARK Maintenance Pros $72,540 9 Kept Companies Inc $175,000 4 Cyrus Service LLC $79,450 10 Certapro Painters NWA $232,000 5 Five Star Painting $99,100 11 Goodwin & Goodwin, Inc $305,000 6 Superior Painting & Epoxy $120,000 12 MAGNAFORM $853,880 DISCUSSION: The painting project specifies that each hydrant must have the surface cleaned to remove contaminants and old paint. The surface must be prepared for painting, which may involve hand scraping, wire brushing, or using a power tool. Painting involves applying paint via brush, roller, or spray, depending on the material. The paint must be durable, weather-resistant, and provide UV protection. After painting the barrel while the paint is still wet, Type Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov 1 glass beads are sprinkled onto the wet paint, which adhere and become a permanent, reflective part of the hydrant’s surface. Colors are applied to the Bonnet and End Caps to indicate water flow capacity through the bonnet and nozzles so that responding fire companies can immediately recognize a suitable water source that will provide enough water for their needs. BUDGET/STAFF IMPACT: Funds are available for this project in the Contract Services operational account in the Water & Sewer Fund. ATTACHMENTS: 3. Staff Review Form, 4. Bid 25-54, Contract, 5. Appendix A - Bid Tabulation, 6. Appendix B - City Issued Bid, 7. Appendix C - Bid Submittal Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-78 A RESOLUTION TO AWARD BID #25-54 AND AUTHORIZE A CONTRACT WITH OPW COMMERCIAL SERVICES OF ARKANSAS LLC IN THE AMOUNT OF $47,000.00 FOR THE PAINTING OF APPROXIMATELY 1,000 FIRE HYDRANTS IN FAYETTEVILLE’S WATER SERVICE AREA, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $9,400.00 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards Bid #25-54 and authorizes Mayor Rawn to sign a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville’s water service area, and further authorizes a project contingency in the amount of $9,400.00. City of Fayetteville Staff Review Form 2026-78 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Tim Nyander 1/8/2026 WATER SEWER (720) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Bid 25-54 and approving a contract with OPW Commercial Services of Arkansas LLC in the amount of $47,000.00 for the painting of approximately 1,000 fire hydrants in Fayetteville’s water service area, and approval of a project contingency in the amount of $9,400.00. Budget Impact: 5400.720.4000-5315.00 Water & Sewer Account Number Fund N/A N/A Project Number Project Title Budgeted Item?Yes Total Amended Budget $204,667.00 Expenses (Actual+Encum)$- Available Budget $204,667.00 Does item have a direct cost?Yes Item Cost $56,400.00 Is a Budget Adjustment attached?No Budget Adjustment $- Remaining Budget $148,267.00 V20221130 Purchase Order Number:Previous Ordinance or Resolution # Change Order Number:Approval Date: Original Contract Number: Comments: CONTRACT: Bid 25-54, Fire Hydrant Painting Page 1 of 7 City of Fayetteville, AR Contract for Services Fire Hydrant Painting Contractor: OPW Commercial Services of Arkansas LLC Term: Single Project THIS AGREEMENT is made this __________ day of , 2026, by and between City of Fayetteville, Arkansas, acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and OPW Commercial Services of Arkansas LLC (hereinafter called OPW or Contractor). CITY OF FAYETTEVILLE and OPW, in consideration of their mutual covenants, agree as follows: 1. Contracted parties and relationship: a. This agreement shall be binding between all parties. Fees shall be provided as identified in appendices. i. OPW’s Tax identification number (TIN) ending in 6976 ii. OPW ’s Secretary of State Filing No. 811585024 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Neither party shall be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. a. Appendices included under this agreement include the following: i. Appendix A: Bid Tabulation ii. Appendix B: Bid package identified as Bid 25-54, Fire Hydrant Painting with the specifications and conditions typed thereon inclusive of all bidding documents and issued addenda. iii. Appendix C: OPW’s bid submittal b. This agreement may be modified only by a duly executed written instrument signed by the CITY and OPW. c. ORDER OF PRECEDENCE: In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: (a) Change Orders and written amendments to this Agreement which are executed by all parties; (b) the Agreement; (c) OPW’s Bid Proposal (d) City’s published bid and associated Addenda. 3. Notices: Any notice required under this Agreement shall be in writing, address to the appropriate party at the following addresses: a. City of Fayetteville: 113 W. Mountain, Fayetteville, AR 72701 b. OPW Commercial Services of Arkansas LLC, 7522 E Seminole St., Tulsa, OK 74115 4. General Provisions: a. ETHICS: All parties shall perform with integrity. Each shall avoid conflicts of interest and promptly disclose to any other part any conflicts that may arise. All parties warrant that it has not and shall not pay or receive any contingent fees or gratuities to or from any other party, including agents, officer’s employers, Subcontractors, Sub subcontractors, Suppliers, Volunteers, Elected Officials, or Others to secure preferential treatment. CONTRACT: Bid 25-54, Fire Hydrant Painting Page 2 of 7 City of Fayetteville, AR b. Workmanship: The Work shall be executed in accordance with the Contract Documents. All materials used in the Work shall be furnished in sufficient quantities to facilitate the proper and expeditious execution of the Work and shall be new except as otherwise provided in the Contract Documents. c. MATERIALS FURNISHED BY CITY OR OTHERS: If the Work includes installation of materials or equipment furnished by City or Others, it shall be the responsibility of OPW to examine the items so provided and thereupon handle, store, and install the items, unless otherwise provided in the Contract Documents, with such skill and care as to provide a satisfactory and proper installation. Loss or damage due to acts or omissions of OPW shall be the responsibility of OPW and may be deducted from any amounts due or to become due. Any defects discovered in such materials or equipment shall be reported at once to the City. d. OPW shall perform all duties and responsibilities necessary to coordinate the various parts of the Work and to prepare its Work for the work of City or Others. e. COMPLIANCE WITH LAWS: OPW shall comply with all the Law at its own cost. OPW shall be liable to City for all loss, cost, or expense attributable to any acts or omissions by OPW, its employees, subcontractors, suppliers, and agents for failure to comply with Laws, including fines, penalties, or corrective measures. f. COST OF CORRECTING DAMAGED OR DESTROYED WORK: With regard to damage or loss attributable to the acts or omissions of City or Others and not to OPW, City may either (a) promptly remedy the damage or loss and assume affected warranty responsibilities, (b) accept the damage or loss, or (c) issue a Change Order to remedy the damage or loss. If OPW incurs costs or is delayed due to such loss or damage, OPW may seek an equitable adjustment in the Cost of the Work. Any equitable adjustment shall be approved by all parties. g. Taxes and Permits: OPW shall give public authorities all notices required by law and shall obtain and pay for all necessary permits, licenses, and renewals pertaining to the Work. OPW shall provide to City copies of all notices, permits, licenses, and renewals required under this Agreement. h. DISCOUNTS: All discounts for prompt payment shall accrue to City. All trade discounts, rebates, and refunds, and all returns from sale of surplus materials and equipment, shall be credited to the Cost of the Work, or directly to the City after final payment. i. EXTENT OF AGREEMENT: Except as expressly provided, this Agreement is for the exclusive benefit of all Parties, and not the benefit of any third party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement and each and every provision is for the exclusive benefit of all Parties and not for the benefit of any third party. j. ASSIGNMENT: Except as to the assignment of proceeds, no Party shall assign their interest in this Agreement without the written consent of the other Party. The terms and conditions of this Agreement shall be binding upon all Parties, their partners, successors, assigns, and legal representatives. No Party shall assign the Agreement without written consent of the other. k. Where figures are given, they shall be preferred to scaled dimensions. l. DEBARMENT AND SUSPENSION: By execution of this agreement, OPW certifies that to the best of its knowledge and belief that OPW and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; ii. Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or CONTRACT: Bid 25-54, Fire Hydrant Painting Page 3 of 7 City of Fayetteville, AR commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and iv. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. v. OPW understands that a false statement on certification regarding debarment and suspension may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine. I further certify that I will obtain a similar certification for each subcontract awarded in excess of $50,000. 5. Contract Document Review and Administration a. Before commencing the Work, OPW shall examine and compare the specifications with information furnished by the City that are considered Contract Documents, relevant field measurements made by OPW, and any visible conditions at the Worksite affecting the Work. b. Should OPW discover any errors, omissions, or inconsistencies in the Contract Documents, OPW shall promptly report them to the City. Following receipt of written notice of defects, City shall promptly inform OPW what action, if any, OPW shall take with regard to the defect. c. Nothing in this section shall relieve OPW of responsibility for its own errors, inconsistencies, or omissions. d. COST REPORTING: OPW shall maintain complete, accurate, and current records that comply with generally accepted accounting principles and calculate the proper financial management under this Agreement. OPW shall maintain a complete set of all books and records prepared or used by OPW with respect to the Project. City shall be afforded access to all of OPW's records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to this Agreement. OPW shall preserve all such records for a period of three years after the final payment or longer where required by Law. 6. Subcontracts: a. BINDING OF SUBCONTRACTORS AND SUPPLIERS: OPW agrees to bind every Subcontractor and Supplier and require every Subcontractor to so bind its subcontractors and significant supplier, to the Contract Documents as they apply to the Subcontractor's or Supplier's applicable provisions to that portion of the Work. b. OPW agrees not to subcontract at risk related services without prior written consent from the City. 7. Fees, Expenses, and Payments: a. OPW, at its own cost and expense, shall furnish all labor, materials, supplies, machinery, equipment, tools, supervision, insurance, tax permits, and all other accessories and services necessary to complete items bid per Bid 25-54 as stated in OPW’s bid response, and in accordance with specifications attached hereto and made a part hereof under Bid 25-54, all included herein as if spelled out word for word. b. This project providing labor and materials shall be provided to the City for a fee of $47,000.00 US Dollars, not including any City Council approved contingency. c. The City of Fayetteville shall pay OPW for completion of the project based on a percentage of work completed. CONTRACT: Bid 25-54, Fire Hydrant Painting Page 4 of 7 City of Fayetteville, AR d. Payments will be made after approval and acceptance of work and submission of invoice Payments will be made approximately 30 days after approval of invoice. The City of Fayetteville reserves the right to request receipts for materials purchased for the City of Fayetteville from suppliers, subcontractors, or other sources. The City of Fayetteville does not agree to any interest or penalty for “untimely” payments. 8. Time: a. Time is of the essence with regard to the obligations of the Contract Documents. b. Unless instructed by City in writing, OPW shall not knowingly commence the Work before the effective date of OPW’s required insurance and formal written and signed Purchase Order issued by the City of Fayetteville Procurement Division. c. Schedule of Work: Before submitting its first application for payment, OPW shall submit to City a Schedule of the Work showing the dates on which OPW plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Except as otherwise directed by City, OPW shall comply with the approved Schedule of the Work. i. City may determine the sequence in which the Work shall be performed, provided it does not unreasonably interfere with the approved project schedule. City may require OPW to make reasonable changes in the sequence at any time during the performance of the Work in order to facilitate the performance of work by City or Others. 9. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. 10. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 11. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 12. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, OPW shall do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo coping costs pursuant to the FOIA may be assessed for this compliance. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 14. Insurance: a. OPW shall furnish a certificate of insurance addressed to the City of Fayetteville within ten (10) calendar days after contract finalization, presenting insurance which shall be maintained throughout the term of the Contract in compliance with the terms of Bid 25-54. If applicable, OPW shall require any subcontractor to provide insurance. In the event any employee engaged in work on the project under this contract is not protected under Worker’s Compensation insurance, OPW shall provide and shall cause each subcontractor to provide adequate employer’s liability insurance for the protection of such of their employees are not otherwise protected. Worker’s Compensation coverage shall be applicable with state law. CONTRACT: Bid 25-54, Fire Hydrant Painting Page 5 of 7 City of Fayetteville, AR i. OPW shall carry the following coverages, at minimum: 1. Worker’s Compensation Insurance – Statutory Amount 2. Automotive Insurance covering all vehicles and trailers, if applicable 3. General Liability - $1,000,000 each occurrence, $3,000,000 aggregate ii. Certificates of Insurance shall list the City of Fayetteville as an additional insured. Listing the CITY as a Certificate Holder only is NOT an acceptable substitute. Certificates of Insurance must include the endorsement(s) showing the City of Fayetteville listed as an additional insured. 15. Professional Responsibility: OPW will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to OPW any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so OPW can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of OPW. 16. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of OPW: i. Provide full information as to the requirements for the Project. ii. Assist OPW by placing at OPW’s disposal, all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist OPW in obtaining access to property reasonably necessary for OPW to perform its services. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by OPW and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to OPW in a timely manner. vi. The Utilities Director is the project representative with respect to the services to be performed under this Agreement. The Utilities Director shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 17. Termination: This Contract may be terminated by the City of Fayetteville or OPW for any reason with thirty (30) days written notice. If either party breaches this agreement, the non-defaulting party may terminate this Agreement after giving seven (7) days’ notice to remedy the breach. On termination of this agreement, the City shall pay OPW for the services performed through the date of termination within thirty (30) days of acceptance of final invoice. 18. Delays a. In the event the services of OPW are suspended or delayed by CITY OF FAYETTEVILLE, or by other events beyond OPW’s reasonable control, OPW shall be entitled to additional compensation and time for reasonable documented costs incurred by OPW in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by OPW, CITY shall be entitled to compensation and time for reasonable costs incurred in temporarily closing down or delaying the Project. 19. Indemnification: The CITY requires OPW to indemnify, defend and hold harmless the CITY OF FAYETTEVILLE for any loss caused by negligence and from and against any and all loss where loss is caused or incurred or alleged to CONTRACT: Bid 25-54, Fire Hydrant Painting Page 6 of 7 City of Fayetteville, AR be caused or incurred in whole or in part as a result of the negligence or other actionable fault of the OPW, or their employees, agents, Subcontractors, sub consultant and Suppliers of OPW. 20. Force Majeure: Any default in the performance of this Agreement caused by any of the following events and without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes, riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, disease, epidemic or pandemic, or any other cause beyond the reasonable control or contemplation of either party. Nothing herein relieves the City of its obligation to pay KARAS for services actually rendered. 21. Publications: Recognizing the importance of professional services on the part of OPW’s employees and the importance of OPW’s public relations, OPW may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to OPW’s services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE’s advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE’s comments to OPW, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of OPW’s activities pertaining to any such publication shall be for OPW’s account. 22. Additional Responsibilities of OPW: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve OPW of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. OPW shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by OPW’s negligent performance, except beyond the OPW’s normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. OPW’s obligations under this clause are in addition to OPW’s other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against OPW for faulty materials, equipment, or work. 23. Gratuities: If CITY OF FAYETTEVILLE finds after a notice and hearing that OPW or any of OPW agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to OPW terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. CONTINUES ON NEXT PAGE CONTRACT: Bid 25-54, Fire Hydrant Painting Page 7 of 7 City of Fayetteville, AR IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and OPW COMMERCIAL SERVICES OF ARKANSAS LLC by its authorized officer have made and executed this Agreement as of the day and year first above written. CITY OF FAYETTEVILLE, ARKANSAS OPW COMMERCIAL SERVICES OF ARKANSAS LLC By: By: ________ Molly Rawn, Mayor Mike Flowers, General Manager ATTEST: By: Kara Paxton, City Clerk - Treasurer Date Signed: _________________________ Date Signed: _________________________ Line # Description QTY UOM Unit Extended Unit Extended Unit Extended 1 Painting of approximately 1,000 fire hydrants 1000 EA $47.00 $47,000.00 $60.00 $60,000.00 $72.54 $72,540.00 Line # Description 1 Painting of approximately 1,000 fire hydrants QTY UOM Unit Extended Unit Extended Unit Extended 1000 EA $99.10 $99,100.00 $120.00 $120,000.00 Line # Description 1 Painting of approximately 1,000 fire hydrants QTY UOM Unit Extended Unit Extended Unit Extended 1000 EA $144.99 $144,990.00 $164.24 $164,240.00 $1,750.00 $175,000.00 Line # Description 1 Painting of approximately 1,000 fire hydrants QTY UOM Unit Extended Unit Extended Unit Extended 1000 EA $305.00 $305,000.00 $853.88 $853,880.00 Total Total Total MAGNAFORM (Leonard Systems LLC) $232,000.00 $305,000.00 $853,880.00 $144,990.00 $164,240.00 $175,000.00 Certapro Painters NWA (A & M Lewis Enterprises Inc) Goodwin & Goodwin, Inc. Cyrus Service LLC $120,000.00 Sandridge Construction DC Sparks Consruction Kept Companies Inc Five Star Painting of Fayetteville (KLC Group LLC) Superior Painting & Epoxy Coatings $79,450.00 $99,100.00 BID TABULATION Bid 25-54, Fire Hydrant Painting DEADLINE: Tuesday, December 16, 2025 at 2:00 PM ARK Maintenance Pros LLC $72,540.00Total$60,000.00 S & S Sealcoating Inc OPW Commercial Services $47,000.00 * NOTICE: Bid award is contingent upon vendor meeting minimum specifications and formal authorization by City Officials. ______________________________________________________________________________ Trevel Young, Procurement Agent ______________________________________________________________________________ Amanda Beilfuss, Procurement Director City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 1 of 12 City of Fayetteville, Arkansas Procurement Division – Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Bid 25-54 Fire Hydrant Painting DEADLINE:Tuesday,December 16,2025,before 2:00 PM, Local Time PROCUREMENT AGENT:Trevel Young, tyoung@fayetteville-ar.gov DATE OF ISSUE AND ADVERTISEMENT: 11/23/2025 No late bids will be accepted.Bids shall be submitted in one of the following methods: (1) through the City’s third-party electronic bidding platform, or (2) delivering in person via sealed envelope to the City of Fayetteville Procurement Division. Submitting through the City’s electronic bidding platform is strongly encouraged. City of Fayetteville Procurement Division – Room 306 113 West Mountain Street Fayetteville, AR 72701 All bids shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each bidder shall supply all information requested; failure to do so may be used as basis of rejection. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Procurement Director. INVITATION TO BID City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 2 of 12 City of Fayetteville Bid 25-54 Fire Hydrant Painting Advertisement City of Fayetteville,Arkansas INVITATION TO BID Fire Hydrant Painting The City of Fayetteville is seeking bids for the painting of approximately 1,000 fire hydrants. Any questions concerning the bidding process should be addressed to Trevel Young, City of Fayetteville Procurement Agent, at tyoung@fayetteville-ar.gov or by calling (479)575-8289. Bidding documents, plans, plan holders, and addenda shall be obtained at the City of Fayetteville Purchasing Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by Tuesday, December 16, 2025, before 2:00 PM, local time utilizing the electronic bidding software, which is strongly encouraged, or by submitting a sealed physical bid prior to the stated time. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on Zoom. The City shall not be responsible for lost or misdirected bids, or for failure of bidders’ technical equipment. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. Any bidder providing a service must be registered with the Arkansas Secretary of State by the bid award. The City reserves the right to waive irregularities, to reject bids, and to postpone the award of the Contract for a period of time which shall not exceed beyond ninety calendar days from the bid opening date. City of Fayetteville By: Trevel Young, Procurement Agent 479.575.8289 tyoung@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 11/23/2025 This publication was paid for by the Procurement Division of the City of Fayetteville, Arkansas. Amount paid: $146.01 City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 3 of 12 City of Fayetteville Bid 25-54 Fire Hydrant Painting Bidding Instructions EXECUTION OF BID - This bid shall be completed in full, executed, and submitted by an authorized agent of the bidder. All bids shall provide responses to items in the following categories utilizing the online bidding portal or the physical bid form obtained via the online bidding portal: Attributes Line Items Actual specification of any deficient item shall be noted on a separate attachment or as a note in the Line Item section of the online bidding portal.If specifications of item bid differ from provided literature,deviation shall be documented and certified by the manufacturer as a regular production option. If submitting a physical bid is preferred, please contact the Procurement Division at (479) 575-8256. PRICE: Bidders shall submit pricing on the City’s online bidding portal (ww.fayetteville-ar.gov/bids) in the format presented online or delivering a sealed, labeled envelope containing the Bid Invitation document obtained via the online portal to the City of Fayetteville Procurement Division. Upon submitting this Bid, the bidder certifies that: 1. Bidder has read and agrees to the requirements set forth in this bid , including specifications, terms, standard conditions, and any pertinent information regarding the articles being bid on. 2. Unless otherwise noted and explained, the unit bid and listed meets or exceeds all of these requirements as specified by The City of Fayetteville. 3. Pursuant Arkansas Code Annotated §25-1-503, the Contractor agrees and certifies that they do not currently boycott Israel and will not boycott Israel during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-503. If at any time during contract the contractor decides to boycott Israel, the contractor must notify the contracted public entity in writing. Refer to the City’s electronic bidding platform to submit bid pricing electronically. Contact the City Procurement Division to obtain documents necessary to submit a physical sealed bid; however, all bidders are strongly encouraged to submit on the City’s online bidding portal. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 4 of 12 4. Pursuant Arkansas Code Annotated §25-1-1002, the Contractor agrees and certifies that they do not currently boycott Energy, Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or while in contract, with any public entity as defined in §25-1-1002. If at any time during the contract the contractor decides to boycott Energy, Fossil Fuel, Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. 5. The Bidder can and will comply with all specifications and requirements for delivery, documentation and support as specified herein. 6. The Bidder certifies they are an officer of this organization, or have attached a letter of authorization, and they are duly authorized to certify the information provided herein is accurate and true. 7. Bidder shall comply with all State and Federal Equal Opportunity and Non-Discrimination requirements and conditions of employment in addition to all federal, state, and local laws. 8. Bidder will perform the Work in compliance with all applicable trench safety standards set forth in Occupational Safety and Health Administration (OSHA) Part 1926 – Subpart P – Excavations, when applicable. 9. The bidder certifies they are not presently debarred or suspended and they are in compliance with the below Federal Executive Order: a. Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. b. Bidder certifies that neither bidder or principal is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. END OF BIDDING INSTRUCTIONS City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 5 of 12 City of Fayetteville Bid 25-54 Fire Hydrant Painting General Terms and Conditions 1. SUBMISSION OF BID &BID EVALUATION: a. Bids shall be reviewed following the stated deadline, as shown on the cover sheet of this document. b. Bidders shall submit bids based on documentation published by the Fayetteville Procurement Division. c. Bidding documents and addenda shall be obtained at the City of Fayetteville Procurement Division’s electronic bidding platform at www.fayetteville-ar.gov/bids. All bids shall be received by the deadline, utilizing the electronic bidding software or as stated in the bid advertisement. A public bid opening will be conducted shortly after the deadline at City Hall and livestreamed on zoom. No late bids shall be accepted. The City of Fayetteville shall not be responsible for lost or misdirected bids, or for failure of bidder’s technical equipment. d. The City will not be responsible for misdirected physical bids. Bidder should call the Procurement Office at 479.575.8256 to ensure correct receipt of bidding documents prior to opening time and date listed on the bid form. e. Bidders shall have experience in providing products and/or services of the same or similar nature. f. Bidder is advised that exceptions to any of the terms contained in this bid must be identified in its response to the bid. Failure to do so may lead the City to declare any such term non- negotiable. Bidder’s desire to take exception to a non-negotiable term will not disqualify it from consideration for award. g. Local time is defined as the time in Fayetteville, Arkansas on the due date of the deadline. Bids shall be received before the time as shown by the atomic clock located in the Procurement Division Office or electronic clock located in the City’s third-party bidding software. h. Bids will be evaluated and awarded based on the best interest of the City of Fayetteville. The City reserves the right to award bids in their entirety, none, or by line item. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in writing via e-mail to the Procurement Agent. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the bid. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed bid made or given prior to the award of the contract. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 6 of 12 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design, and specification as to what has been specified, will be acceptable for consideration only if approved by the City of Fayetteville Procurement Division. In the event a similar product does not meet the required specifications, a substitution request for an approved equal may be submitted to the Procurement Division for review. The City of Fayetteville reserves the right to accept or reject any requested equal. 4. RIGHTS OF CITY OF FAYETTEVILLE BID PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to select the bid that it believes will serve the best interest of the City. b. The City of Fayetteville reserves the right to accept or reject any or all bids. c. The City of Fayetteville reserves the right to cancel the entire bid. d. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the invitation to bid or in bids submitted. e. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or data without changing the terms of the bid. 5. COSTS INCURRED BY BIDDERS: All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, shall be borne solely by the bidder(s). No payment will be made for any responses received, or for any other effort required of, or made by, the bidder(s) prior to contract commencement. 6. CONFLICT OF INTEREST: a. The bidder represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled “Authority of City Employee to Contract with the City”. b. All bidders shall promptly notify Trevel Young, City Procurement Agent, in writing, of all potential conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the bidder’s judgment or quality of services being provided. Such written notification shall identify the prospective business association, interest or circumstance, the nature of which the bidder may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the bidder. The City agrees to communicate with the bidder its opinion via e-mail or first-class mail within thirty days of receipt of notification. 7. WITHDRAWL OF BID: A bid may be withdrawn prior to the time set for the bid submittal, based on a written request from an authorized representative of the firm; however, a bid shall not be withdrawn after the time set for the bid unless approved by the Procurement Division. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 7 of 12 8. LATE BID OR MODIFICATIONS: Bid modifications received after the time set for the bid submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Procurement Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. 9. CONSTITUTIONAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this bid. Bidders shall comply with all constitutional, state, and federal directives, orders and laws as applicable to this bid and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 10. PROVISION FOR OTHER AGENCIES: Unless otherwise stipulated by the bidder, the bidder agrees to make available to all Government agencies, departments, municipalities, and counties, the bid prices submitted in accordance with said bid terms and conditions therein, should any said governmental entity desire to buy under this bid. Eligible Users shall mean all state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to purchase under the terms and conditions of the contract. 11. COLLUSION: The Bidder, by affixing his or her signature to this bid , agrees to the following: “bidder certifies that his or her bid is made without previous understanding, agreement, or connection with any person, firm or corporation making a bid for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.” 12. RIGHT TO AUDIT,FOIA,AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor’s records as such records relating to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be in Washington County, Arkansas with Arkansas law applying to the case. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 8 of 12 13. INDEMNIFICATION: The successful bidder(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City. 14. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for bid apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by bidders prior to submitting a bid on this requirement. 15. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Procurement Division, immediately. 16. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its bidders to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 17. PAYMENTS AND INVOICING: The bidder must specify in their bid the exact company name and address which must be the same as invoices submitted for payment as a result of award of this bid. Further, the successful bidder is responsible for immediately notifying the Procurement Division of any company name change, which would cause invoicing to change from the name used at the time of the original bid. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest, fees, or penalty for untimely payments. Payments can be processed through bidder’s acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the bidder even if the hourly work actually performed by the bidder would not justify such fee. The City will pay the awarded bidder based on unit prices provided on invoicing. Progress payments will be made after approval and acceptance of work and submission of invoice. Payments will be made within 30 days of accepted invoice. 18. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 9 of 12 c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate the last day of the current fiscal period without penalty or expense to the City. 19. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a bidder intends to subcontract a portion of this work, the bidder shall disclose such intent in the bid submitted as a result of this bid. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a bid to a firm that has disclosed its intent to assign or subcontract in its response to the bid, without exception shall constitute approval for purpose of this Agreement. 20. NON-EXCLUSIVE CONTRACT: Award of this bid shall impose no obligation on the City to utilize the Contractor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City’s best interest. In the case of multiple-term contracts, this provision shall apply separately to each item. 21. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for bid s, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder’s/proposer’s/protestor’s staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for bid , request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Procurement Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision, lobbying activities shall include but not be limited to, influencing or attempting to influence action or non-action in connection with any request for bid , request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for bid, request for qualification, bid or contract to be rejected. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 10 of 12 22. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this bid from the bidder. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 23. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City’s sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 24. INTEGRITY OF BID DOCUMENTS: Bidders shall use the original bid form(s) provided by the Procurement Division and enter information only in the spaces where a response is requested. Bidders may use an attachment as an addendum to the bid form(s) if sufficient space is not available on the original form for the bidder to enter a complete response. Any modifications or alterations to the original documents by the bidder,whether intentional or otherwise, will constitute grounds for rejection of such response.Any such modifications or alterations a bidder wishes to propose shall be clearly stated in the bidder’s response and presented in the form of an addendum to the original bid documents. 25. CERTIFICATE OF INSURANCE: The successful bidder shall provide a Certificate of Insurance in accordance with the following guidelines, prior to commencement of any work: $1,000,000 Commercial Liability, Statutory Worker’s Compensation, and General Automotive, if applicable. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid, when applicable, throughout project completion. 26. PRICING: a. The City reserves the right to re-evaluate bidders in their standing in the event of a price increase. 27. OTHER GENERAL CONDITIONS: a. Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of the contract. No representations shall be binding unless embodied in the contract. b. Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. . Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. c. Each bidder should state the anticipated number of days from the date of receipt of an order for delivery of services to the City of Fayetteville. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 11 of 12 d. Bidders must provide the City with their bids signed by an employee having legal authority to submit bids on behalf of the bidder. The entire cost of preparing and providing responses shall be borne by the bidder. e. The City reserves the right to request any additional information it deems necessary from any or all bidders after the submission deadline. f. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for bid is at the bidder’s own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the bid is accepted. g. If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. h. Any uncertainties shall be brought to the attention to Trevel Young immediately via telephone (479.575.8289) or e-mail (tyoung@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Procurement Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. i. No oral interpretation or clarifications will be given as to the meaning of any part of this request for bid. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. j. Any information provided herein is intended to assist the bidder to properly respond to this bid. The bid is designed to provide qualified Bidders with sufficient basic information to submit the bid meeting minimum specifications and/or test requirements but is not intended to limit a bid’s content or to exclude any relevant or essential data. k. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. l. The successful bidder shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful bidder assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful bidder shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. City of Fayetteville, AR Bid 25-54, Fire Hydrant Painting Page 12 of 12 m.The successful bidder’s attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful bidder shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. 28. INVOICING:All invoices shall be presented to the City with the minimum information listed below. a. City Department that ordered the materials or services b. Order Date c. Delivery date or the date of services d. Name of the City Employee that requested or picked up the goods, materials, or service e. Bid Number that applies to the purchase and invoices. Amounts in the bid shall match invoicing. 29. SPECIAL CONDITIONS: All bidders shall list any fees associated with start-up of their asphalt plant at the City’s request. Listing this price does not require the Contractor to start up at the request of the City; however, it establishes a competitive upfront price that will be charged if a plant is started up at the approved request of the City. a. In the event the primary supplier cannot provide asphalt as requested, the City shall evaluate the start-up fee combined with the line item quantity price against the line item quantity price (and associated start-up fee if applicable) from the secondary supplier. The alternative cheapest to the City will be procured. b. If no prices are listed under Section E Item 5-3, the City shall not pay any fees associated with plant start-up. 30. ATTACHMENTS TO BID DOCUMENTS a. Appendix A: Hydrant Painting Materials Specs Appendix A: Hydrant Painting Materials Specs The City of Fayetteville, Arkansas is seeking bids for the painting of approximately 1,000 fire hydrants. The City will indicate to the winning bidder the areas for fire hydrant painting. Pre-Painting Steps Before any coating is applied, the surface must be cleaned to remove contaminants and old paint. This step is critical for a durable finish and to prevent premature coating failure. Clean the area: Clear vegetation and debris from around the base of the hydrant. Place cardboard or a drop cloth around the base to catch the paint chips and drips Mask off any nearby concrete, sidewalks, or landscaping. Clean the surface: Prepare the surface for painting, which may involve hand scraping, wire brushing, or using a power tool to clean and remove loose rust, mill scale (iron oxide), sediment, or old paint. Ensure that all shiny surfaces are roughened. Painting Process The painting of fire hydrants should occur when the air temperature is between 50°F and 85° F. The specification covers requirements for applying paint via brush, roller, or spray, depending on the material. All coatings must be applied in strict accordance with the paint manufacturer's recommendations for proper performance. This includes instructions for surface temperature, dry film thickness, and curing. Apply Primer A rust-inhibitive, alkyd-based metal primer coat should be applied according to the paint manufacturer's recommendations. Apply Topcoat Use a high-quality industrial alkyd enamel coating, such as Rust-Oleum V7400 for maximum durability and weather resistance.The paint must be durable, weather- resistant, and provide UV protection. The color is High-Gloss White. Do not paint the chains, nozzle threads, or operating nut. Appendix A: Hydrant Painting Materials Specs After painting the barrel, while the paint is still wet sprinkle AASHTO M247 Type 1 glass beads onto the wet paint, which adhere and become a permanent, reflective part of the hydrant’s surface. Apply Colors to Bonnet and End Caps The color codes follow NFPA 291 and indicate water flow capacity through the hydrant's bonnet (top) and nozzle caps.The colors are based upon flow rate so that responding fire companies can immediately recognize a suitable water source that will provide enough water for their needs Color Flow Capacity Flow Information Blue 1,500+ GPM Very good flow Green 1,000–1,499 GPM Good flow Orange 500–999 GPM Marginal flow Red Less than 500 GPM Poor flow Use the following paints from Sherwin-Williams for the color: Robotic Blue – SW4063 Safety Green – SW4085 Safety Orange – SW4083 Safety Red – SW4081 C i t y o f F a y e t t e v i l l e , A R B i d 2 5 -5 4 , F i r e H y d r a n t P a i n t i n g P a g e 1 | 1 Bid 25-54, Addendum 1 Monday, December 1, 2025 All Prospective Vendors Trevel Young – 479.575.8289 – tyoung@fayetteville-ar.gov Bid 25-54, Fire Hydrant Painting This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. • QUESTION: o Do you have a location map? A location map of the hydrants to be painted is unavailable at this time. The Water & Sewer department will provide a map to the awarded bidder once the map is available. o What is the required completion date? The City of Fayetteville intends to have this project completed by September 1, 2026. o Are there any traffic control requirements? The City of Fayetteville recommends the use of cones and blinking hazard lights if vehicle is parked in the right-of-way. Please wear a safety vest. o Is there a staging area for contractor use? There is not a staging area planned for this project. The hydrants will be at various locations across the city. o I want to clarify that prior to painting, should all currently painted surfaces have the existing paint removed down to the bare metal OR that all painted surfaces can be cleaned to remove any loose paint only and then primed for final coatings? The awarded bidder shall be responsible for preparing the surface for painting. The preparation may involve hand scraping, wire brushing, or using a power tool to clean and remove loose rust, mill scale (iron oxide), sediment, or old paint. The awarded bidder shall ensure that all shiny surfaces are roughened. A rust-inhibitive, alkyd-based metal primer coat should be applied according to the paint manufacturer's recommendations. o Will you be awarding this work to one vendor, or multiple vendors? The City of Fayetteville intends to award only one bidder. C i t y o f F a y e t t e v i l l e , A R B i d 2 5 - 5 4 , F i r e H y d r a n t P a i n t i n g P a g e 1 | 1 Bid 25-54, Addendum 2 Date: Wednesday, December 10, 2025 To: All Prospective Vendors From: Trevel Young – 479.575.8289 – tyoung@fayetteville-ar.gov RE: Bid 25-54, Fire Hydrant Painting This addendum is hereby made a part of the contract documents to the same extent as though it were originally included therein. Interested parties should indicate their receipt of same in the appropriate blank of the Bid. BIDDERS SHALL ACKNOWLEDGE THIS ADDENDUM ON THE DESIGNATED LOCATION ON THE BID FORM. QUESTION: o The specifications identify a total of 1,013 hydrants. Please confirm whether this quantity is final, or if adjustments may be made post-award based on field verification. The total quantity of hydrants is subject to adjustment based on field verification and operational requirements. o Is Sherwin-Williams Industrial Enamel Gloss Safety Yellow (SW 4084) the mandatory coating system, or will functionally equivalent products be accepted provided they meet the required color, performance characteristics, and technical specifications? Coating materials shall be as specified or an approved equivalent. All substitute products must receive prior approval from the City. o Does the scope require application of primer to all hydrants regardless of existing coating condition, or may primer be omitted where existing surfaces are deemed clean, sound, and suitably prepared? No, not all hydrants need to be primed. The clean hydrants shall be scuffed so the paint adheres properly. o Is pressure-washing a specified requirement for surface preparation, or will manual methods such as scraping and wire brushing be considered sufficient to meet the preparation standard? Hand scraping and hand brushing are deemed acceptable methods for this scope of work. o Will the City furnish a current system map or equivalent documentation indicating the required bonnet color classifications (blue, green, white, red) corresponding to hydrant flow ratings? The City will furnish the required color specifications and associated coating standards. o Is a bid bond required with the proposal submission, and if so, may the bid security be provided in the form of a cashier’s check, or must it be issued by a licensed surety? No, a Bid bond is not required. o Please confirm whether prevailing wage requirements apply to the scope of work under this contract. No, there aren’t any prevailing wage requirements. Bid 25-54 Addendum 2 OPW Commercial Services Supplier Response Event Information Number: Bid 25-54 Addendum 2 Title: Fire Hydrant Painting Type: Invitation to Bid Issue Date: 11/23/2025 Deadline: 12/16/2025 02:00 PM (CT) Notes: The City of Fayetteville is seeking bids for the painting of approximately 1,000 fire hydrants. Any questions concerning the bidding process should be addressed to Trevel Young, City of Fayetteville Procurement Agent, at tyoung@fayetteville-ar.gov or by calling (479)575-8289. Contact Information Contact: Trevel Young Procurement Agent Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: tyoung@fayetteville-ar.gov Vendor: OPW Commercial Services Bid 25-54 Addendum 2Page 1 of 3 pages OPW Commercial Services Information Contact: Michael Flowers Address: 7522 E Seminole St Tulsa, OK 74115 Phone: (918) 557-4059 Email: info@opwcommercial.com Web Address: www.opwsolutions.com By submitting your response, you certify that you are authorized to represent and bind your company. Mike Flowers info@opwsolutions.com Signature Email Submitted at 12/15/2025 02:34:36 PM (CT) Response Attachments OPW Insurance 2025.pdf OPW Insurance OPW W9 2025.pdf OPW W9 Bid Attributes 1 Arkansas Secretary of State Filing Number: 811585024 2 Check Yes or No: currentlyboycott Israel and will not boycott Israel during any time in which they are entering into, or while in boycottIsrael, the contractor must notify the contracted public entity in writing. Yes No 3 Check Yes or No: boycott Energy,Fossil Fuel, Firearms, and Ammunition Industries during any time in which they are entering into, or decides to boycott Energy, Fossil Fuel,Firearms, and/or Ammunition Industries, the contractor must notify the contracted public entity in writing. Yes No 4 Check Yes or No: By selecting "I agree", you acknowledge that you have read and understand any addendums that have been issued for this bid. Yes No Vendor: OPW Commercial Services Bid 25-54 Addendum 2Page 2 of 3 pages 5 Name of Firm OPW COMMERCIAL SERVICES LLC 6 D/B/A or Corporation Name OPW COMMERCIAL SERVICES LLC 7 Tax ID Number 92-1756976 8 Business Address 7522 E Seminole St, Tulsa, OK 74115 9 Contact Phone Number and Email Address 918-557-4059 10 Submitter's Name & Title Mike Flowers General Manager 11 Conflict of Interest Bidder shall disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. No conflict of interest 12 If a conflict exists, please explain No response Bid Lines 1 Painting of approximately 1,000 fire hydrants. Quantity:1000 UOM:EA Price:$47.00 Total:$47,000.00 Response Total: $47,000.00 Vendor: OPW Commercial Services Bid 25-54 Addendum 2Page 3 of 3 pages 13016738 OPW COMMERCIAL SERVICES LLC Certificate Of Insurance 8/15/2025 7:51:30 PM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)8/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insureon, Division of Specialty Program Group LLC / DBA SPG Insurance Solutions LLC in CA CONTACT NAME: PHONE (A/C, No): 312-690-4123 AIC No Ext): (800 ) 688-1984 ADDRESS: 203 N. LaSalle St., 20th Floor, Chicago, IL 60601 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Evanston Insurance Company 35378 INSURER B : Hiscox, Inc. 10200 INSURED INSURER C: Wesco Insurance Company 25011 OPW COMMERCIAL SERVICES LLC d/b/a for Owasso PressureWashing, INSURER D: Progressive Northern Insurance Co 38628 LLC 7522 E Seminole Street, Tulsa, OK, 74115 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IR LTR LT TYPE OF INSURANCE 'NSC S VD POLICY NUMBER / EFF MMPOLICY D /YYYY POLICY EXP D MM D/YYYY LIMITS V COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence) 100,000 $ MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 B P102.127.576.3 7/14/2025 7/14/2026 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 971880298 8/13/2025 8/13/2026 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ D NON -OWNED HIRED AUTOS RAUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERSLIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No N / A WWC3801026 7/14/2025 7/14/2026 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) **Proof of Insurance"" CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2620 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0050: Rezoning (5901 W MICHAEL COLE DR/MICHAEL COLE DR LLC, 436): Submitted by SWOPE CONSULTING for property located at 5901 W. MICHAEL COLE DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 7.67 acres. The request is to rezone the property to RI- 12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and CCR, CONSERVATION, CULTURAL, AND RECREATION. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in west Fayetteville approximately 500 feet south of the intersection of W. Michael Cole Dr. and W. Wedington Dr. The subject area contains 8.50 acres, only 7.67 acres of which is under consideration with this request. The area is composed of three parcels which are zoned R-A, Residential Agricultural and which have been constructed with a 2,263 square-foot single-family dwelling constructed in 1979 along with multiple outbuildings. Portions of the property are located within the Federal Emergency Management Agency (FEMA) designated floodplain and floodway, and the locally-designated streamside protection zone. Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre (4.14 acres) and CCR, Conservation, Cultural, and Recreation (3.53 acres). A 0.83-acre portion of the property is proposed to remain R-A, Residential Agricultural. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: Staff finds that the requested rezoning appears generally compatible with the surrounding area and existing land uses. The applicant proposes to rezone approximately 4.14 acres in the north to RI-12, Residential Intermediate, 12 Units per Acre. While the property is primarily surrounded by R-A, Residential Agricultural zoning to the north, south, and east, staff finds that these adjacent lots are generally constructed in-line with RMF-6 standards rather than the significantly larger lot sizes and lower densities required of the R-A district. There are a high number of two-family dwellings in the immediate vicinity and an approximately five-acre development under construction at the W. Wedington/Michael Cole intersection that includes four-family dwellings primarily. While there is some overlap with existing floodplain proposed in the Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov RI-12 rezoning area, the applicant has indicated an intent to submit a letter of map revision (LOMR) to FEMA to revise the floodplain boundaries and remove this encroachment. Additionally, the request proposes to upzone the portion of the property outside of the floodplain and downzone the portion of the property within it, creating an overall density allowance of 49 residential units. Further, adjacent developments and rezonings have been slowly increasing the density of the surroundings, and a rezoning to RI-12 could support a broader range of housing types in an area experiencing increased demand for housing and other services. A significant portion of the property lies within the floodplain, with some areas located in the floodway. Most of this area is proposed to be rezoned to CCR, Conservation, Cultural and Recreation, a district intended to “to conserve, preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem services.” A legal instrument has been provided to preserve this area in alignment with zoning requirements and would need to be fully executed prior to City Council approval. Staff finds the preservation of this area would remove development entitlements within sensitive environmental areas and provide permanent protection for the floodplain and streamside protection areas. The existing house is proposed to remain R-A, Residential Agricultural, which would permit it and its associated outbuildings to be utilized and maintained. On the balance of considerations, staff recommends approval of this request. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s split future land use designation as a Residential Neighborhood area and “Natural” area. The applicant’s decision to downzone a portion of the area to CCR indicates an attempt to acknowledge and protect ecologically sensitive areas on the property, while zoning the remainder of the subject area to permit a similar development entitlement outside of the floodplain. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 1-5 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 7, 835 N. Rupple Rd) 2. Near Sewer Main (10” and 12” within the property) 3. Near Water Main (4”, Michael Cole Dr.) 4. Near City Park (Harmony Pointe Park) 5. Near Paved Trail (Wedington Side Path) DISCUSSION: At the December 8, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Payne motioned and commissioner Cabe seconded. Commissioners asked for clarification regarding why the item had previously been tabled and the differences between tree preservation easements and the proposed conservation zoning district. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report , 7. Additional Information - RZN-2025-0050 Floodplain Exhibit, 8. Michael Cole Drive LLC Conservation Easement - Amended & Approved 01/20/26, Michael Cole Drive LLC Conservation Easement - Original Version Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2025-2620 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-0050 FOR APPROXIMATELY 7.67 ACRES LOCATED AT 5901 WEST MICHAEL COLE DRIVE IN WARD 4 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND CCR, CONSERVATION, CULTURAL, AND RECREATION SUBJECT TO A CONSERVATION EASEMENT 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 R-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units Per Acre and CCR Conservation, Cultural, and Recreation, subject to the attached conservation easement. 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. 12/19/2025 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2025-2620 Item ID 1/6/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0050: Rezoning (5901 W MICHAEL COLE DR/MICHAEL COLE DR LLC, 436): Submitted by SWOPE CONSULTING for property located at 5901 W. MICHAEL COLE DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 7.67 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and CCR, CONSERVATION, CULTURAL, AND RECREATION. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Proposed RI-12 Proposed CCR PH O E N I X R D SABINE PASS RD TACKETT DR BR O O K D R MICHAEL COLE DR RMF-6 R-A P-1 RSF-4 RI-UNS-L Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0050 5901 W. MICHAEL COLE DR N 0 150 300 450 60075 Feet Subject Property Zone Proposed CCR P-1 R-A RI-12 RMF-6 3.5 0.0 0.0 4.1 0.0 Total 7.6 ac1:2,400 Current 0.0 0.0 7.7 0.0 0.0 Exhibit 'A' RZN-2025-0050 PROPOSED RI-12 ZONING SURVEY DESCRIPTION A TRACT OF LAND BEING A PART OF LOT 3A, OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT FILE #2025-00008131, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 3A IN MILDRED LEE ESTATES, PHASE 1; THENCE ALONG THE NORTH LINE OF SAID LOT N 88°59'29" E A DISTANCE OF 250.64' TO A ; THENCE N 89°00'55" E A DISTANCE OF 373.09' TO A FOUND IRON REBAR; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 47.47', WITH A RADIUS OF 50.00', WITH A CHORD BEARING OF S 64°26'47" E, WITH A CHORD LENGTH OF 45.71' TO A FOUND IRON REBAR; THENCE S 54°29'46" E A DISTANCE OF 67.90' TO A FOUND IRON REBAR BEING THE NE CORNER OF LOT 3A; THENCE ALONG THE EAST LINE OF SAID LOT 3A S 02°09'41" W A DISTANCE OF 147.65' TO A POINT; THENCE N 88°28'43" W A DISTANCE OF 424.82' TO A POINT; THENCE S 00°00'00" E A DISTANCE OF 8.00' TO A POINT; THENCE S 89°00'16" W A DISTANCE OF 27.92' TO A POINT; THENCE S 00°35'00" E A DISTANCE OF 91.69' TO A POINT; THENCE S 69°11'26" W A DISTANCE OF 153.42' TO A POINT; THENCE S 00°48'53" E A DISTANCE OF 33.00' TO A POINT; THENCE S 89°00'16" W A DISTANCE OF 134.85' TO A POINT ON THE WEST LINE OF SAID LOT 3A; THENCE ALONG SAID WEST LINE N 02°16'02" E A DISTANCE OF 374.90' TO THE POINT OF BEGINNING, CONTAINING 180,455 SQ. FEET, 4.14 ACRES, MORE OR LESS. Exhibit 'B' RZN-2025-0050 PROPOSED CONSERVATION, CULTURAL, AND RECREATION ZONING DISTRICT SURVEY DESCRIPTION A TRACT OF LAND BEING A PART OF LOT 3A, OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT FILE #2025-00008131, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NW CORNER OF LOT 3A IN MILDRED LEE ESTATES, PHASE 1; THENCE ALONG THE WEST LINE OF SAID LOT 3A S 02°16'02" W A DISTANCE OF 374.90' TO A POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE N 89°00'16" E A DISTANCE OF 134.85' TO A POINT; THENCE N 00°48'53" W A DISTANCE OF 33.00' TO A POINT; THENCE N 69°11'26" E A DISTANCE OF 153.42' TO A POINT; THENCE N 00°35'00" W A DISTANCE OF 91.69' TO A POINT; THENCE N 89°00'16" E A DISTANCE OF 27.92' TO A POINT; THENCE N 00°00'00" W A DISTANCE OF 8.00' TO A POINT; THENCE S 88°28'43" E A DISTANCE OF 363.26' TO A POINT; THENCE S 00°43'23" E A DISTANCE OF 25.19' TO A POINT; THENCE S 69°41'26" W A DISTANCE OF 190.01' TO A POINT; THENCE S 50°14'35" W A DISTANCE OF 136.41' TO A POINT; THENCE S 04°22'29" W A DISTANCE OF 74.47' TO A POINT; THENCE N 81°13'21" E A DISTANCE OF 263.43' TO A POINT; THENCE N 36°48'00" E A DISTANCE OF 143.57' TO A POINT ON THE EAST LINE OF LOT 3A; THENCE ALONG SAID EAST LINE S 02°09'41" W A DISTANCE OF 123.23' TO THE SE CORNER OF LOT 3A; THENCE ALONG THE SOUTH LINE OF SAID LOT S 32°33'23" W A DISTANCE OF 87.47' TO A POINT; THENCE S 59°20'23" W A DISTANCE OF 112.10' TO A POINT; THENCE S 78°59'23" W A DISTANCE OF 309.15' TO A POINT; THENCE N 33°33'07" W A DISTANCE OF 172.35' TO A POINT; THENCE S 88°05'50" W A DISTANCE OF 124.20' TO A POINT; THENCE S 61°22'11" W A DISTANCE OF 68.00' TO THE SW CORNER OF LOT 3A; THENCE ALONG THE WEST LINE OF SAID LOT N 02°16'02" E A DISTANCE OF 123.34' TO THE POINT OF BEGINNING, CONTAINING 153,953 SQ. FEET, 3.53 ACRES, MORE OR LESS. TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: December 8, 2025 SUBJECT: RZN-2025-0050: Rezoning (5901 W MICHAEL COLE DR/MICHAEL COLE DR LLC, 436): Submitted by SWOPE CONSULTING for property located at 5901 W. MICHAEL COLE DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 7.67 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and CCR, CONSERVATION, CULTURAL, AND RECREATION. RECOMMENDATION: Staff recommends forwarding RZN-2025-0050 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0050 to City Council with a recommendation of approval.” NOVEMBER 10, 2025 PLANNING COMMISSION MEETING: At the November 10, 2025 Planning Commission meeting, the rezoning was tabled at the applicant’s request to provide additional time to coordinate staff comments. BACKGROUND: The subject property is in west Fayetteville approximately 500 feet south of the intersection of W. Michael Cole Dr. and W. Wedington Dr. The subject area contains 8.50 acres, only 7.67 acres of which is proposed to be rezoned. The area is composed of three parcels which are zoned R-A, Residential Agricultural and which have been constructed with a 2,263 square -foot single-family dwelling constructed in 1979 along with multiple outbuildings. The property is located within the floodplain, floodway, and the streamside protection zone. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single- and Two-Family Residential R-A, Residential Agricultural South Single-Family Residential; Harmony Pointe Park R-A, Residential Agricultural; P-1, Institutional East Single- and Two-Family Residential R-A, Residential Agricultural West Two-Family Residential RMF-6, Residential Multi-Family, 6 Units Per Acre Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI- 12, Residential Intermediate, 12 Units per Acrea (4.14 acres) and CCR, Conservation, Cultural, Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 1 of 27 (UPDATED WITH MEETING RESULTS) and Recreation (3.53 acres). A 0.83 acre portion of the property is proposed to remain R-A, Residential Agricultural. Public Comment: Staff has not received any public comment at this time. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property’s frontage along West Michael Cole Drive, a residential link, is partially improved with asphalt paving. Any street improvements required in these areas would be determined at the time of development proposal Water: Public water is available to the subject area. There is an existing 4-inch water main along the south side of W. Michael Cole Drive. Sewer: Sanitary sewer is available to the subject area. There is an existing 10-inch and two 12-inch sewer main connections running east to west though the middle of the subject properties. There are no known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan adjacent to this property. Drainage: A portion of the property lies within a FEMA Floodplain. There is a protected stream, and hydric soils are present in the area. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This “protected area” is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. No portion of the property lies within the Hillside-Hilltop Overlay District. 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 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 2.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 2 of 27 would be approximately 6.2 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 did not comment on this request. Tree Preservation: The proposed zoning districts, RI-12, Residential Intermediate, 12 Units per Acre and CCR, Conservation, Cultural, Recreation require 20% and 80% minimum canopy preservation, respectively. The current zoning district, R-A, Residential- Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood and Natural Area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. 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. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Natural Areas consist of lands approximating or reverting to wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 1-5 for this site with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd) • Near Sewer Main (10” and 12” within the property) • Near Water Main (4”, Michael Cole Dr.) • Near City Park (Harmony Pointe Park) • Near Paved Trail (Wedington Side Path) 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: Staff finds that the requested rezoning appears generally compatible with the surrounding area and existing land uses. The applicant proposes to rezone approximately 4.14 acres in the north to RI-12, Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 3 of 27 Residential Intermediate, 12 Units per Acre. While the property is primarily surrounded by R-A, Residential Agricultural zoning to the north, south, and east, staff finds that these adjacent lots are generally constructed in line with RMF-6 standards rather than the significantly larger lot sizes and lower densities required of the R-A district. There are a high number of two-family dwellings in the immediate vicinity and an approximately five-acre development under construction at the W. Wedington / Michael Cole intersection includes primarily four-family dwellings. While there is some overlap with existing floodplain proposed in the RI-12 rezoning area, the applicant has indicated an intent to submit a LOMR to FEMA to revise the floodplain boundaries and remove this encroachment. Additionally, the request proposes to upzone the portion of the property outside of the floodplain and downzone the portion of the property within it, creating an overall density allowance of 49 residential units. Further, adjacent developments and rezonings have been slowly increasing the density of the surroundings, and a rezoning to RI-12 could support a broader range of housing types in an area experiencing increased demand for housing and other services. A significant portion of the property lies within the floodplain, with some areas located in the floodway. Most of this area is proposed to be rezoned to CCR, Conservation, Cultural and Recreation, a district intended to “to conserve, preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem services.” A legal instrument has been provided to preserve this area in alignment with zoning requirements and would need to be fully executed prior to City Council approval, should the item be forwarded. Staff finds the preservation of this area would remove development entitlements within sensitive environmental areas and provide permanent protection for the floodplain and streamside protection areas. The existing house is proposed to remain R-A, Residential Agricultural, which would permit it and its associated outbuildings to be utilized and maintained. On the balance of considerations, staff recommends approval of this request. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s split future land use designation as a Residential Neighborhood area and “Natural” area. The applicant’s decision to downzone a portion of the area to CCR indicates an attempt to acknowledge and protect ecologically sensitive areas on the property, while zoning the remainder of the subject area to permit a similar development entitlement outside of the floodplain. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds there is justification to rezone the property from R-A to RI-12 and CCR. Staff finds that the combined zoning is roughly in line with adjacent development patterns and would further provide permanent protection over sensitive ecological features. A rezoning to RI-12 could permit units in a Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 4 of 27 missing middle style when subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town experiencing increased development pressure. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from R-A to RI-12 and CCR has the potential to increase traffic to this location, and could be to an appreciable degree, though there are limiting factors to the property. While there are relatively limited nonresidential services in the area, staff finds that nonresidential commercial uses are permitted in close proximity. The property has access to existing public infrastructure and proposes to rezone approximately half of the subject area to a conservation zoning district. As such, staff finds the proposed rezoning is not likely to increase the load on public services to an undesirable degree and that an increase in residential density in the area could serve to encourage development of commercial uses. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 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: The property has access to water and sewer, and any increase in density would have to be balanced with any necessary upsizing of those facilities required to serve the development to 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 RZN-2024-0050 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 5 of 27 PLANNING COMMISSION ACTION: Required YES Date: December 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.03 District R-A, Residential-Agricultural o §161.12 District RI-12, Residential Intermediate – Twelve (12) Units per Acre o §161.38 District CCR, Conservation, Cultural and Recreation • Long-Range Planning Memo • Request Letter • Legal Instrument of Preservation Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 6 of 27 X PAYNE CABE 8-0-0 “I move to forward RZN-2025-0050 to City Council with a recommendation of approval.” WEDINGTON DR DOUBLE SPRINGS RD PERSIMMON ST C-2 RI-12 RMF-6 R-O R-A RSF-4 RSF-1 P-1 CS RI-U RSF-8 RPZD Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0050 5901 W. MICHAEL COLE DR N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 7 of 27 Proposed RI-12 Proposed CCR PH O E N I X R D SABINE PASS RD TACKETT DR BR O O K D R MICHAEL COLE DR RMF-6 R-A P-1 RSF-4 RI-UNS-L Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0050 5901 W. MICHAEL COLE DR N 0 150 300 450 60075 Feet Subject Property Zone Proposed CCR P-1 R-A RI-12 RMF-6 3.5 0.0 0.0 4.1 0.0 Total 7.6 ac1:2,400 Current 0.0 0.0 7.7 0.0 0.0 Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 8 of 27 HE R I T A G E A V E WEDINGTON DR Regional Link Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0050 5901 W. MICHAEL COLE DR N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Undeveloped Commercial Single-Family Residential 1:3,600 Mixed-Density Residential Mixed-Density Residential Single-Family Residential Two-Family Residential Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 9 of 27 Civic Institutional Natural Residential Neighborhood Rural Residential WEDINGTON DR DOUBLE SPRINGS RD Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0050 5901 W. MICHAEL COLE DR N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 10 of 27 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 11 of 27 (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; 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. 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations. Single- family Two (2) family Three (3) and four (4) family Lot width minimum 50 feet 50 feet 90 feet Lot area minimum 5,000 square feet 7,260 square feet 10,890 square feet. (E) Setback Requirements. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 12 of 27 Front Side Other Uses Side Single & Two (2) family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 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; Ord. No. 6658, §2(Exh. A), 5-2-23) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.38 District CCR, Conservation, Cultural, And Recreation (A) Purpose. The Conservation, Cultural, and Recreation District is a designation requested by the owner of property that the city and the owner have determined beneficial and desirable to conserve, preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem services. Further, this district serves to permit certain limited uses and activities which are not detrimental to the land and consistent with these purposes. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right (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 (C) Density. None. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 13 of 27 (D) Bulk and Area Regulations. (1) At least 80% of the zoned area shall be left undeveloped as green space. (2) No more than 10% of the Conservation, Cultural, and Recreation zoned area may be dedicated to open space that also contains hard surface areas such as parking, paved trail, or other impervious ground cover. (E) Setback Requirements. (1) Minimum setback from the front property line shall be 20 feet. (2) Minimum setbacks from all other property lines shall be 50 feet. (3) A minimum setback of 50 feet shall be established parallel to all floodplain lines shown on currently adopted FIRM panels. (4) A minimum setback of 100 feet shall be established parallel to the top of bank along all streams protected within the Streamside Protection Zones of §168.12. (5) A minimum setback of 100 feet shall be established parallel to the edge of open bodies of water. (F) Height Requirements. Building height maximum 2 stories (G) Building area. Maximum lot coverage shall be 5% of the zoned area. (H) Legal Instrument for Permanent Protection. Green space shall be protected in perpetuity by an easement deed or other binding legal instrument that is recorded with the rezoning at the time of rezoning. The instrument shall be a permanent conservation easement or equivalent legal document such as: (1) A permanent conservation easement conveyed to the city or a land trust or similar conservation oriented nonprofit organization with legal authority to accept such easements. The conservation organization must be bona fide and in perpetual existence and the conveyance instrument shall contain an appropriate provision for conveyance to another nonprofit conservation organization or to the city in the event the originally designated organization becomes unable to fulfill its functions, or (2) An equivalent legal document that provides permanent protection, if approved by the city. (Ord. No. 6884, §1(Exh. A), 6-17-25) Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 14 of 27 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: November 10, 2025 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0050 BACKGROUND: The applicant requests to rezone approximately 8.5 acres, from R-A, Residential Agricultural to RI-12, Residential Intermediate 12 Units Per Acre (4.14 acres) and CCR, Conservation, Cultural and Recreation (4.64). Two long range planning documents are relevant when evaluating this request: City Plan 2040 and the Climate Action Plan. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 5 – We will assemble an enduring green network. o 3.5.1 – Vigilantly nurture a continuum of greenspace including: 1. Riparian buffer areas… 3. Small neighborhood parks, squares, commons and greenbelts (p.41) o 3.5.3 – Promote conservation easements and alternative development patterns that encourage efficient use of land. (p.41) • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of affordable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. Climate Action Plan (2024): The Climate Action Plan conceptualizes “nature-based solutions that utilize ecosystem services provided by lands” in the City that contribute to flood and erosion control. Limiting development in a floodplain will maintain these vital ecosystem services and reduce flood threats to public infrastructure and private property.1 DISCUSSION: The property was annexed into the City by special election in November 1982 and assigned the 1 Climate Action Plan, 38-39. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 15 of 27 R-A zoning at that time. R-A zoning is no longer the appropriate designation for this area as surrounding land uses have evolved, infrastructure has been established, and more appropriate zoning districts that limit development and conserve ecological areas have been created. This request includes a creative approach to maximize gentle residential density and conserve a sensitive riparian area. By zoning the northern portion of the site RI -12, it would concentrate density, infrastructure, and impervious surface away from the floodplain. Limiting development in a floodplain will maintain these vital ecosystem services and reduce flood threats to public infrastructure and private property, aligning with concepts in the Climate Action Plan.2 City Plan 2040 and Future Land Use Plan: This area is designated as both Residential Neighborhood and Natural areas, with Natural roughly following the floodplain. Residential Neighborhood areas are primarily residential in nature but emphasizes using “principles of traditional residential urban design to create compatible, livable and accessible neighborhoods.”3 Prioritizing creating compact and connected neighborhoods in areas where infrastructure already exists provides better outcomes for residents, reduces dependency on vehicles via alternative transit options, minimizes public investment in infrastructure costs, and supports Goals 1, 2, 3, and 4 of City Plan 2040. Further, the designation of the southern portion of the site as CCR aligns with the future land use designation (Natural) and would contribute to the conservation of an area with limited development potential and high flood risk, but with value as an environmental resource, which supports Goal 5 of City Plan 2040.4 Property History: The subject properties contain two single-family dwellings constructed in 1979 and ca. 2001 as well as a detached garage that appears to function as an accessory dwelling unit constructed in 2006. This request does not impact historic resources. From Left: 5901 W. Michael Cole Dr. (Source: Realtor.com), 5913 W. Michael Cole Dr. (Source: Google Streetview), and 5925 W. Michael Cole Dr. (Source: Google Streetview) 2 Climate Action Plan, 38-39. 3 City Plan 2040, 130. 4 City Plan 2040, 126. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 16 of 27 Swope Consulting LLC 7 Halsted Circle • Suite 210 • Rogers, AR 72756 • 479.877.7388 518 W Krause Street • Jay, OK 74346 • 918.801.2787 October 20th, 2025 City of Fayetteville – Planning Department Attn: Donna Wonsower 125 W Mountain St Fayetteville, AR 72701 RE: Rezoning Request for 5901, 5913, and 5925 West Michael Cole Drive, Fayetteville, Arkansas This narrative is submitted in support of the rezoning request for the properties located at 5901, 5913, and 5925 West Michael Cole Drive, Fayetteville, Arkansas, encompassing approximately 8.5 acres. This request seeks to rezone the northern portion of the property from its current R-A, Residential Agricultural, designation to RI-12, Residential Intermediate, while simultaneously rezoning the southern portion, which contains an existing floodplain and floodway, to a Conservation, Cultural, And Recreation (CCR) District. This two-part request is a thoughtful and deliberate approach to land use that is fully compatible with and will not adversely affect or conflict with the surrounding land uses, and is consistent with the goals of the City of Fayetteville’s Master Street Plan and the 2040 City Plan. The subject properties are situated on Michael Cole Drive, a street classified as a Residential Link Street by the City's Master Street Plan. The proposed RI-12 zoning for the developable northern portion of the property is a harmonious fit for this context. The RI-12 district is designed to permit and encourage the development of detached and attached dwellings, offering a development potential that is intermediate between low and medium density. This provides a greater variety of housing values and types, which is a key objective of the City's comprehensive planning. Furthermore, the RI-12 zoning is expressly intended to encourage development in areas with existing public facilities, which is the case here. The current land use designation for this area is "Residential Neighborhood." This designation is intended to support a wide variety of housing types, including single-family, duplexes, rowhouses, and multifamily units, of appropriate scale and context. The proposed RI-12 zoning, which allows for both detached and attached dwellings, aligns perfectly with this vision. The R-A zoning, while protective of agricultural land, is a transitional designation. The requested rezoning to RI-12 represents a logical and orderly transition from a rural to an urban development pattern, in accordance with the City's growth strategy. It prevents the wasteful scattering of development and promotes a more compact, well-planned residential environment, contributing to the conservation of the tax base and the efficient use of public funds for services. Preliminary analysis indicates that the subject properties are adequately supported by existing infrastructure. Public utilities, including without limitation, water and sewage systems, are available to the site, and the street network, specifically Michael Cole Drive, is a Residential Link Street that can accommodate the anticipated traffic from the proposed development. This robust infrastructure support further demonstrates the site's readiness for the requested zoning change and its ability to absorb the development without creating an adverse impact on the surrounding area. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 17 of 27 Swope Consulting LLC 7 Halsted Circle • Suite 210 • Rogers, AR 72756 • 479.877.7388 518 W Krause Street • Jay, OK 74346 • 918.801.2787 A critical and innovative component of this rezoning request is the proposal to rezone the southern portion of the property, which is encompassed by an existing floodplain and floodway, to Conservation, Cultural, And Recreation (CCR) District. This proactive measure is a testament to the applicant's commitment to responsible development and environmental stewardship. The Conservation, Cultural, And Recreation (CCR) District designation will protect and maintain this natural site amenity, preventing development in a sensitive ecological area. This not only preserves the natural function of the floodplain and floodway but also provides a valuable open space and green corridor that will enhance the quality of life for future residents and the surrounding neighborhood permanently. In conclusion, the proposed rezoning to RI-12 and CCR (Conservation, Cultural, And Recreation) is a compatible and well-reasoned request that will not adversely affect or conflict with the surrounding land uses. It aligns with the City of Fayetteville's comprehensive plan, provides for a greater variety of housing options in a suitable location, and utilizes a dual-zoning approach to responsibly develop a portion of the property while permanently protecting a critical natural feature. This request represents a logical step in the orderly growth of Fayetteville and will result in a valuable and well-planned residential community. Sincerely, Phil Swope, PE Project Engineer At least a draft form of the legal instrument for permanent protection must be provided prior to the public hearing Reviewed by: Donna Wonsower, AICP Senior Planner Development Services Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 18 of 27 1 10485/27820/MichaelColeDriveConservationEasement CONSERVATION EASEMENT This CONSERVATION EASEMENT (this “Conservation Easement”), dated as of November ___, 2025 (the “Effective Date”), by and between MICHAEL COLE DRIVE, LLC, an Arkansas limited liability company (the “Grantor”) and the CITY OF FAYETTEVILLE, an Arkansas municipality (the “Grantee”) (collectively referred to herein as “Parties”). RECITALS WHEREAS, Grantor is the sole owner in fee simple title to 3.53 acres (more or less) of certain real property located in Fayetteville, Washington County, Arkansas, more particularly described in Exhibit A attached hereto and incorporated herein (the “Property”); WHEREAS, Grantee is qualified to hold a conservation easement, and is a governmental body empowered to hold an interest in real property under the laws of the State of Arkansas; WHEREAS, Grantor and Grantee have the common purpose of conserving the above- described Property in perpetuity, and the State of Arkansas has authorized the creation of conservation easements pursuant to Ark. Code Ann. §15-20-401 et seq., and Grantor and Grantee wish to avail themselves of the provisions of that law. NOW THEREFORE, in consideration of the above and mutual covenants, terms, conditions, and restrictions contained herein, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby voluntarily grants and conveys a perpetual Conservation Easement for and in favor of Grantee upon the Property, which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this Conservation Easement shall be as follows: 1. Purpose. The purpose of this Conservation Easement is to conserve and protect the Property’s open and scenic character; to assure that the Property will be protected from urban development, retained forever in its natural, forested, and agricultural condition; and to prevent any use of the Property which will impair or interfere with the general natural character of the Property. 2. Rights of Grantee. The following rights are conveyed to Grantee by this Conservation Easement. A. Inspection. Upon ten (10) days prior written notice to Grantor, the Grantee shall have the right to enter and inspect the Property in a reasonable manner and at reasonable times for the purpose of determining whether the provisions of this Conservation Easement are being observed. B. Right to Protect. The right to take action to preserve and protect the conservation values of the Property. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 19 of 27 2 10485/27820/MichaelColeDriveConservationEasement C. Enforcement. The right to prevent any activity on or use of the Property that is inconsistent with the purposes of this Conservation Easement, and to require the restoration of areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Reserved Rights. Grantor reserves for itself and successors in interest with respect to the Property, all rights with respect to the Property except as provided herein, including, without limitation, the right of exclusive use, possession, and enjoyment of the Property, and the right to sell, transfer, lease, mortgage, or otherwise encumber the Property, subject to the restrictions and covenants set forth in this Conservation Easement. 4. Restrictions. The following restrictions apply to the Property: A. Use. The Property shall not be used for residential, commercial, or industrial purposes. There shall be no storing or dumping of soil, trash, ashes, garbage, waste, abandoned vehicles, appliances, machinery, or hazardous substances, or toxic or hazardous waste, or any placement of underground or aboveground storage tanks or other materials on the Property that may negatively impact or be detrimental to the Property or to the surface or subsurface waters of the Property. Livestock animals shall not be allowed on the Property. B. Construction. Absent written approval from the Grantee, there shall be no constructing or placing of any building, mobile home, asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit, line, pier, landing, dock, or any other temporary or permanent structure or facility or any other man-made structures on the Property except in connection with the repair, maintenance, or replacement (but not expansion) of any structures and other improvements located on the Property as of the Effective Date of this Agreement. Grantor shall have the right to maintain, renovate, and repair existing buildings, structures, fences, pens, wells, dams and reservoirs, utilities, and other improvements, and in the event of their destruction, to reconstruct any such existing improvement with another of similar size, function, capacity, location, and material. C. Cutting and Clearing of Trees. There shall be no removal, destruction, or cutting of live trees on the Property except that trees may be removed anywhere on the Property that endanger public safety, are diseased, damaged, or fallen, or need to be removed to ensure the health or productivity of other trees or ecological attributes of the Property, or in connection with the construction of permitted structures. Trees may also be removed to maintain existing views, paths, utility lines, roads, trails, driveways, or open space, and for cutting firewood for use on the Property. Such trees may be removed without notice to Grantee, so long as such removal is carried out in a manner designed to minimize their potential negative impacts on the Property's conservation values and the purposes of this Conservation Easement. D. Chemicals. No pesticide, herbicide, fertilizer, or other chemical treatment for land, water, vegetation, or animals shall be used if the use shall violate any applicable state, local or federal law or regulation. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 20 of 27 3 10485/27820/MichaelColeDriveConservationEasement E. Subdivision. Subdivision of the property is prohibited without permission of the Grantee. Subdivided parcels shall remain subject to the terms and conditions set forth in this Conservation Easement. F. Health and Safety Measures. Notwithstanding any other restriction contained in this Conservation Easement, the Grantor may take such actions with respect to the Property as are necessary to protect the health and safety of the public and persons using the property; provided that if any such action is contrary to a restriction contained herein, the action shall be limited to the minimum variation necessary to afford the required protection. 5. Taxes. Grantor shall pay any and all applicable real property taxes and assessments levied by competent taxing authority on the Property. 6. Maintenance. Grantor shall, at Grantor’s sole expense, operate, maintain and keep up the Property consistent with the purpose of this Conservation Easement. 7. Public Access. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Protected Property or any portion thereof if no such right existed in the public immediately prior to the execution of this Conservation Easement. 8. Recording Requirements. Grantor shall record this Conservation Easement in the official records of Washington County, Arkansas. Grantor shall thereafter insert the terms and restrictions of this Conservation Easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property, and shall provide a photocopy of the recorded Conservation Easement to the new owner(s). 9. Enforcement. The terms and conditions of this Conservation Easement may be enforced in an action at law or equity by the Grantee against the Grantor or any other party violating or attempting to violate these Restrictions. Venue for any such action shall be in Washington Conty, Arkansas. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions, and restrictions of this Conservation Easement, including without limitation, the costs of suit, and attorney’s fees, shall be borne by and recoverable against the non-prevailing party in such proceeding. 10. Assignment of Rights. Grantee shall hold this Conservation Easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this Conservation Easement, except to another legal entity qualified to hold such interests under applicable state and federal laws and committed to holding this Conservation Easement exclusively for the purposes stated herein. Grantee shall notify Grantor in writing of any intention to reassign this Conservation Easement to a new grantee at lease sixty (60) days in advance thereof, and the Grantor must accept the assignment in writing. 11. Successors. The covenants, terms, conditions, and restrictions of this Conservation Easement shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, heirs, successors, and assigns, and shall continue as a servitude running in perpetuity with the Property. Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 21 of 27 4 10485/27820/MichaelColeDriveConservationEasement 12. Notices. All notices, consents, approvals, or other communication hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail return receipt requested, addressed to the appropriate party at the following address or such address as may be hereafter specified by notice in writing. Grantor: Michael Cole Drive, LLC P.O. Box 1287 Bentonville, Arkansas 72712-1221 Grantee: City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 13. Interpretation. This instrument is intended to create a real property interest for conservation purposes, as defined in Ark. Code § 15-20-401 et seq., and shall be interpreted consistently with such intention. 14. Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Easement shall not be affected thereby, as long as the purpose of the Conservation Easement is preserved. 15. Alteration or Revocation. This Conservation Easement may be amended, altered, released, canceled, or revoked only by written agreement between the Parties hereto or their heirs, assigns, or successors in interest. 16. Extinguishment. If all or part of the Property is taken by eminent domain, or if a subsequent, unexpected change in the conditions surrounding the Property make impossible the continued use of the Property or any portion thereof for conservation purposes, the restrictions may only be extinguished in whole or in part, by judicial proceeding in a court of competent jurisdiction. 17. Headings. The headings herein have been inserted solely for convenience of reference and are not a part of this Conservation Easement and shall have no effect upon construction or interpretation. 18. Controlling Law. The interpretation and performance of this Conservation Easement shall be governed by the laws of the State of Arkansas. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions, and purpose imposed with this Conservation Easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the property. [Signature Page Follows] Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 22 of 27 [Signature Page to Conservation Easement] IN WITNESS WHEREOF, the Grantor has executed this Conservation Easement this ___ day of ________, 2025. GRANTOR: MICHAEL COLE DRIVE, LLC, an Arkansas limited liability company By: Name: Title: STATE OF ARKANSAS ) ) SS. COUNTY OF ____________) On this day of , 2025, before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named , being the person authorized by Michael Cole Drive, LLC, to execute such instrument, stating their respective capacities in that behalf, to me personally well known (or satisfactorily proven to be such person), who stated that he was the ______________ of the Michael Cole Drive, LLC, and was duly authorized in his respective capacity to execute the foregoing instrument for and in the name and behalf of Michael Cole Drive, LLC, and further stated and acknowledged that he had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 2025 Notary Public My Commission Expires: Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 23 of 27 [Signature Page to Conservation Easement] IN WITNESS WHEREOF, the Grantor has executed this Conservation Easement this ___ day of ________, 2025. GRANTEE: CITY OF FAYETTEVILLE, an Arkansas municipality By: Name: Title: STATE OF ARKANSAS ) ) SS. COUNTY OF ____________) On this day of , 2025, before me, , a Notary Public, (or before any officer within this State or without the State now qualified under existing law to take acknowledgments), duly commissioned, qualified and acting, within and for said County and State, appeared in person the within named , being the person authorized by the City of Fayetteville, to execute such instrument, stating their respective capacities in that behalf, to me personally well known (or satisfactorily proven to be such person), who stated that he/she was the ______________ of the City of Fayetteville, and was duly authorized in his/her respective capacity to execute the foregoing instrument for and in the name and behalf of said City of Fayetteville, and further stated and acknowledged that he/she had so signed, executed, and delivered said foregoing instrument for the consideration, uses, and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this _____ day of _________________, 2025 Notary Public My Commission Expires: Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 24 of 27 [Exhibit A to Conservation Easement] EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 25 of 27 R: \ ~ S w o p e \ 2 3 - 1 2 0 M i c h a e l C o l e D r T o w n h o m e s \ E x t e r n a l R e f e r e n c e s \ 2 3 - 1 2 0 R e z o n e . d w g #7 H a l s t e d C i r c l e , S u i t e 2 1 0 ♦ R o g e r s , A r k a n s a s 7 2 7 5 6 ♦ 4 7 9 . 8 7 7 . 7 3 8 8 O f f i c e 0 Da t e : Pr o j e c t N u m b e r : Ci v i l E n g i n e e r i n g a n d L a n d S u r v e y i n g SW O P E ww w . s w o p e - c o n s u l t i n g . c o m CO N S U L T I N G Ce r t i f i c a t e o f A u t h o r i z a t i o n № 2 8 3 1 (i n f e e t ) 1 i n c h = 1 5 0 f t . 11 / 1 3 / 2 0 2 5 23 - 1 2 0 15 0 75 15 0 RE Z O N E E X H I B I T BA S I S O F B E A R I N G : AR K A N S A S S T A T E P L A N E , CO O R D I N A T E S Y S T E M , (N A D - 8 3 ) N O R T H Z O N E . FO U N D M O N U M E N T A S - N O T E D LE G E N D PO W E R P O L E GU Y A N C H O R FI E L D M E A S U R E M E N T RE C O R D E D M E A S U R E M E N T NO W O R F O R M E R L Y WA T E R M E T E R (M ) (R ) N/ F WM EM EL E C T R I C M E T E R AI R C O N D I T I O N E R AC SE T M O N U M E N T A S - N O T E D BO U N D A R Y L I N E CE N T E R L I N E O F R O A D RI G H T - O F - W A Y ( R / W ) BU I L D I N G S E T B A C K L I N E OV E R H E A D P O W E R L I N E PR O P O S E D CO N S E R V A T I O N Z O N I N G PR O P O S E D RI - 1 2 Z O N I N G DE E D D E S C R I P T I O N FI L E # 2 0 2 5 - 0 0 0 0 8 1 3 1 SU R V E Y D E S C R I P T I O N L O T 3 A ( T H I S P L A T ) . A T R A C T O F L A N D B E I N G A L L O F L O T 3 , A L L O F L O T 4 A N D A L L O F L O T 5 O F T H E M I L D R E D L E E ES T A T E S , A S R E C O R D E D I N P L A T B O O K 7 A T P A G E 3 2 , W A S H I N G T O N C O U N T Y , A R K A N S A S . MO R E P A R T I C U L A R L Y D E S C R I B E D A S F O L L O W S : BE G I N N I N G A T A N I R O N P I N F O U N D T H E N O R T H W E S T C O R N E R O F S A I D L O T 3 , B E I N G O N T H E SO U T H R I G H T - O F - W A Y L I N E O F W . M I C H A E L C O L E D R I V E ( 6 0 ' R / W ) ; T H E N C E A L O N G S A I D S O U T H LI N E N 8 9 ° 0 0 ' 2 0 " E 6 2 3 . 7 3 F E E T T O A N I R O N P I N F O U N D ; T H E N C E A L O N G A C U R V E T O T H E L E F T HA V I N G A D E L T A O F 5 4 ° 2 4 ' 0 8 " , A R A D I U S O F 5 0 . 0 0 F E E T , A L O N G C H O R D T H A T B E A R S S6 4 ° 2 6 ' 4 7 " E 4 5 . 7 1 F E E T , A N A R C D I S T A N C E O F 4 7 . 4 7 F E E T T O A N I R O N P I N F O U N D ; T H E N C E DE P A R T I N G S A I D S O U T H R I G H T - O F - W A Y L I N E S 5 4 ° 2 9 ' 4 6 " E 6 7 . 9 0 F E E T T O A N I R O N P I N F O U N D ; TH E N C E S 0 2 ° 0 9 ' 4 1 " W P A S S I N G A T A D I S T A N C E O F 3 2 2 . 6 4 A N I R O N P I N F O U N D F O R T O T A L DI S T A N C E O F 3 6 6 . 7 8 F E E T ; T H E N C E S 3 2 ° 3 3 ' 2 3 " W 8 7 . 4 7 F E E T ; T H E N C E S 5 9 ° 2 0 ' 2 3 " W 1 1 2 . 1 0 F E E T ; TH E N C E S 7 8 ° 5 9 ' 2 3 " W 3 0 9 . 1 5 F E E T ; T H E N C E N 3 3 ° 3 3 ' 0 7 " W 17 2 . 3 5 F E E T ; T H E N C E S 8 8 ° 0 5 ' 5 0 " W 1 2 4 . 2 0 F E E T ; T H E N C E S 6 1 ° 2 2 ' 1 1 " W 6 8 . 0 0 F E E T ; T H E N C E N0 2 ° 1 6 ' 0 2 " E P A S S I N G A T A D I S T A N C E O F 3 3 . 5 8 F E E T A N I R O N P I N F O U N D F O R A T O T A L DI S T A N C E O F 4 9 8 . 2 4 F E E T T O T H E P O I N T O F B E G I N N I N G , C O N T A I N I N G 8 . 7 9 A C R E S , M O R E O R LE S S . S U B J E C T T O A N Y E A S E M E N T S , C O V E N A N T S O R R E S T R I C T I O N S O F R E C O R D O R F A C T . PR O P O S E D R I - 1 2 Z O N I N G SU R V E Y D E S C R I P T I O N A T R A C T O F L A N D B E I N G A P A R T O F L O T 3 A , O F T H E M I L D R E D L E E E S T A T E S , A S R E C O R D E D I N PL A T F I L E # 2 0 2 5 - 0 0 0 0 8 1 3 1 , W A S H I N G T O N C O U N T Y , A R K A N S A S . M O R E P A R T I C U L A R L Y DE S C R I B E D A S F O L L O W S : BE G I N N I N G A T T H E N W C O R N E R O F L O T 3 A I N M I L D R E D L E E E S T A T E S , P H A S E 1 ; T H E N C E AL O N G T H E N O R T H L I N E O F S A I D L O T N 8 8 ° 5 9 ' 2 9 " E A D I S T A N C E O F 2 5 0 . 6 4 ' T O A ; T H E N C E N 8 9 ° 0 0 ' 5 5 " E A D I S T A N C E O F 3 7 3 . 0 9 ' T O A F O U N D I R O N R E B A R ; T H E N C E W I T H A C U R V E TU R N I N G T O T H E L E F T W I T H A N A R C L E N G T H O F 4 7 . 4 7 ' , W I T H A R A D I U S O F 5 0 . 0 0 ' , W I T H A CH O R D B E A R I N G O F S 6 4 ° 2 6 ' 4 7 " E , W I T H A C H O R D L E N G T H O F 4 5 . 7 1 ' T O A F O U N D I R O N R E B A R ; TH E N C E S 5 4 ° 2 9 ' 4 6 " E A D I S T A N C E O F 6 7 . 9 0 ' T O A F O U N D I R O N R E B A R B E I N G T H E N E C O R N E R OF L O T 3 A ; T H E N C E A L O N G T H E E A S T L I N E O F S A I D L O T 3 A S 0 2 ° 0 9 ' 4 1 " W A D I S T A N C E O F 14 7 . 6 5 ' T O A P O I N T ; T H E N C E N 8 8 ° 2 8 ' 4 3 " W A D I S T A N C E O F 4 2 4 . 8 2 ' T O A P O I N T ; T H E N C E S 0 0 ° 0 0 ' 0 0 " E A D I S T A N C E O F 8 . 0 0 ' T O A P O I N T ; T H E N C E S 8 9 ° 0 0 ' 1 6 " W A D I S T A N C E O F 2 7 . 9 2 ' T O A P O I N T ; T H E N C E S 0 0 ° 3 5 ' 0 0 " E A D I S T A N C E O F 9 1 . 6 9 ' T O A P O I N T ; T H E N C E S 6 9 ° 1 1 ' 2 6 " W A DI S T A N C E O F 1 5 3 . 4 2 ' T O A P O I N T ; T H E N C E S 0 0 ° 4 8 ' 5 3 " E A D I S T A N C E O F 3 3 . 0 0 ' T O A P O I N T ; TH E N C E S 8 9 ° 0 0 ' 1 6 " W A D I S T A N C E O F 1 3 4 . 8 5 ' T O A P O I N T O N T H E W E S T L I N E O F S A I D L O T 3 A ; TH E N C E A L O N G S A I D W E S T L I N E N 0 2 ° 1 6 ' 0 2 " E A D I S T A N C E O F 3 7 4 . 9 0 ' T O T H E P O I N T O F BE G I N N I N G , C O N T A I N I N G 1 8 0 , 4 5 5 S Q . F E E T , 4 . 1 4 A C R E S , M O R E O R L E S S . PR O P O S E D C O N S E R V A T I O N , C U L T U R A L , A N D R E C R E A T I O N Z O N I N G D I S T R I C T SU R V E Y D E S C R I P T I O N A T R A C T O F L A N D B E I N G A P A R T O F L O T 3 A , O F T H E M I L D R E D L E E E S T A T E S , A S R E C O R D E D I N PL A T F I L E # 2 0 2 5 - 0 0 0 0 8 1 3 1 , W A S H I N G T O N C O U N T Y , A R K A N S A S . M O R E P A R T I C U L A R L Y DE S C R I B E D A S F O L L O W S : CO M M E N C I N G F R O M T H E N W C O R N E R O F L O T 3 A I N M I L D R E D L E E E S T A T E S , P H A S E 1 ; T H E N C E AL O N G T H E W E S T L I N E O F S A I D L O T 3 A S 0 2 ° 1 6 ' 0 2 " W A D I S T A N C E O F 3 7 4 . 9 0 ' T O A P O I N T B E I N G TH E P O I N T O F B E G I N N I N G ; T H E N C E L E A V I N G S A I D W E S T L I N E N 8 9 ° 0 0 ' 1 6 " E A D I S T A N C E O F 13 4 . 8 5 ' T O A P O I N T ; T H E N C E N 0 0 ° 4 8 ' 5 3 " W A D I S T A N C E O F 3 3 . 0 0 ' T O A P O I N T ; T H E N C E N 6 9 ° 1 1 ' 2 6 " E A D I S T A N C E O F 1 5 3 . 4 2 ' T O A P O I N T ; T H E N C E N 0 0 ° 3 5 ' 0 0 " W A D I S T A N C E O F 9 1 . 6 9 ' TO A P O I N T ; T H E N C E N 8 9 ° 0 0 ' 1 6 " E A D I S T A N C E O F 2 7 . 9 2 ' T O A P O I N T ; T H E N C E N 0 0 ° 0 0 ' 0 0 " W A DI S T A N C E O F 8 . 0 0 ' T O A P O I N T ; T H E N C E S 8 8 ° 2 8 ' 4 3 " E A D I S T A N C E O F 3 6 3 . 2 6 ' T O A P O I N T ; TH E N C E S 0 0 ° 4 3 ' 2 3 " E A D I S T A N C E O F 2 5 . 1 9 ' T O A P O I N T ; T H E N C E S 6 9 ° 4 1 ' 2 6 " W A D I S T A N C E O F 19 0 . 0 1 ' T O A P O I N T ; T H E N C E S 5 0 ° 1 4 ' 3 5 " W A D I S T A N C E O F 1 3 6 . 4 1 ' T O A P O I N T ; T H E N C E S 0 4 ° 2 2 ' 2 9 " W A D I S T A N C E O F 7 4 . 4 7 ' T O A P O I N T ; T H E N C E N 8 1 ° 1 3 ' 2 1 " E A D I S T A N C E O F 2 6 3 . 4 3 ' TO A P O I N T ; T H E N C E N 3 6 ° 4 8 ' 0 0 " E A D I S T A N C E O F 1 4 3 . 5 7 ' T O A P O I N T O N T H E E A S T L I N E O F LO T 3 A ; T H E N C E A L O N G S A I D E A S T L I N E S 0 2 ° 0 9 ' 4 1 " W A D I S T A N C E O F 1 2 3 . 2 3 ' T O T H E S E CO R N E R O F L O T 3 A ; T H E N C E A L O N G T H E S O U T H L I N E O F S A I D L O T S 3 2 ° 3 3 ' 2 3 " W A D I S T A N C E OF 8 7 . 4 7 ' T O A P O I N T ; T H E N C E S 5 9 ° 2 0 ' 2 3 " W A D I S T A N C E O F 1 1 2 . 1 0 ' T O A P O I N T ; T H E N C E S 7 8 ° 5 9 ' 2 3 " W A D I S T A N C E O F 3 0 9 . 1 5 ' T O A P O I N T ; T H E N C E N 3 3 ° 3 3 ' 0 7 " W A D I S T A N C E O F 1 7 2 . 3 5 ' TO A P O I N T ; T H E N C E S 8 8 ° 0 5 ' 5 0 " W A D I S T A N C E O F 1 2 4 . 2 0 ' T O A P O I N T ; T H E N C E S 6 1 ° 2 2 ' 1 1 " W A DI S T A N C E O F 6 8 . 0 0 ' T O T H E S W C O R N E R O F L O T 3 A ; T H E N C E A L O N G T H E W E S T L I N E O F S A I D LO T N 0 2 ° 1 6 ' 0 2 " E A D I S T A N C E O F 1 2 3 . 3 4 ' T O T H E P O I N T O F B E G I N N I N G , C O N T A I N I N G 1 5 3 , 9 5 3 S Q . FE E T , 3 . 5 3 A C R E S , M O R E O R L E S S . PA G E 1 O F 2 Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 26 of 27 N 5 4 ° 2 9 ' 4 6 " W 6 7 . 9 0 ' ( M ) FI P FI P FI P FI P FI P FI P NW C O R N E R LO T 3 A MI L D R E D L E E ES T A T E S P H A S E 1 PR O P O S E D RI - 1 2 Z O N I N G P O B PR O P O S E D CO N S E R V A T I O N Z O N I N G P O C FI P CU R V E RA D I U S AR C L E N G T H CH O R D L E N G T H CH O R D B E A R I N G DE L T A A N G L E C1 50 . 0 0 ' ( M ) 47 . 4 7 ' ( M ) 45 . 7 1 ' ( M ) N 6 4 ° 2 6 ' 4 7 " W 54 ° 2 4 ' 0 8 " LI N E BE A R I N G DI S T A N C E L1 S 0 0 ° 1 4 ' 5 6 " E 8. 0 0 ' L2 N 8 9 ° 0 0 ' 1 6 " E 27 . 9 2 ' L4 N 6 9 ° 1 1 ' 2 6 " E 12 9 . 2 7 ' L5 S 0 0 ° 4 8 ' 5 3 " E 33 . 0 0 ' L6 S 0 0 ° 4 3 ' 2 3 " E 25 . 1 9 ' PR O P O S E D CO N S E R V A T I O N Z O N I N G P O C PR O P O S E D RI - 1 2 Z O N I N G LO T 3 A 18 0 , 4 5 5 S Q . F E E T 4. 1 4 A C R E S ± LO T 3 A EX I S T I N G RE S I D E N T I A L - A G R I C U L T U R A L Z O N I N G 48 , 2 7 6 S Q . F E E T 1. 1 1 A C R E S ± PR O P O S E D C O N S E R V A T I O N , C U L T U R A L , A N D R E C R E A T I O N Z O N I N G D I S T R I C T LO T 3 A 15 3 , 9 5 3 S Q . F E E T 3. 5 3 A C R E S ± S 7 8 ° 5 9 ' 2 3 " W 3 0 9 . 1 5 ' ( M ) N 5 9 ° 2 0 ' 2 3 " E 1 1 2 . 1 0 ' ( M ) N 32 ° 3 3 ' 2 3 " E 87. 4 7 ' ( M ) S 33 ° 3 3 ' 0 7 " E 17 2 . 3 5 ' ( M ) N 8 8 ° 0 5 ' 5 0 " E 1 2 4 . 2 0 ' ( M ) N 6 1 ° 2 2 ' 1 1 " E 6 8 . 0 0 ' ( M ) S 8 9 ° 0 0 ' 1 6 " W 1 3 4 . 8 5 ' ( M ) N 00°35'00" W 91.69' (M) N 8 9 ° 0 0 ' 5 5 " E 3 7 3 . 0 9 ' ( M ) S 8 8 ° 5 9 ' 2 9 " W 2 5 0 . 6 4 ' ( M ) N 02°16'02" E 374.90' (M) N 02°16'02" E 123.34' (M) S 02°09'41" W 366.78' (M) C1 L1 L2 L4 L5 147.65' (M) 89.76' (M) W M I C H A E L C O D E D R OW L C R E E K OW L C R E E K N 8 8 ° 2 8 ' 4 3 " W 4 2 4 . 8 2 ' ( M ) S 6 9 ° 4 1 ' 2 6 " W 1 9 0 . 0 1 ' N 5 0 ° 1 4 ' 3 5 " E 1 3 6 . 4 1 ' N 8 1 ° 1 3 ' 2 1 " E 2 6 3 . 4 3 ' S 36 ° 4 8 ' 0 0 " W 143 . 5 7 ' N 04°22'29" E 74.47' 95.90' L6 78.98'44.25' 61 . 5 6 ' 36 3 . 2 6 ' R: \ ~ S w o p e \ 2 3 - 1 2 0 M i c h a e l C o l e D r T o w n h o m e s \ E x t e r n a l R e f e r e n c e s \ 2 3 - 1 2 0 R e z o n e . d w g #7 H a l s t e d C i r c l e , S u i t e 2 1 0 ♦ R o g e r s , A r k a n s a s 7 2 7 5 6 ♦ 4 7 9 . 8 7 7 . 7 3 8 8 O f f i c e 0 Da t e : Pr o j e c t N u m b e r : Ci v i l E n g i n e e r i n g a n d L a n d S u r v e y i n g SW O P E ww w . s w o p e - c o n s u l t i n g . c o m CO N S U L T I N G Ce r t i f i c a t e o f A u t h o r i z a t i o n № 2 8 3 1 (i n f e e t ) 1 i n c h = 1 5 0 f t . 11 / 1 3 / 2 0 2 5 23 - 1 2 0 15 0 75 15 0 RE Z O N E E X H I B I T BA S I S O F B E A R I N G : AR K A N S A S S T A T E P L A N E , CO O R D I N A T E S Y S T E M , (N A D - 8 3 ) N O R T H Z O N E . FO U N D M O N U M E N T A S - N O T E D LE G E N D PO W E R P O L E GU Y A N C H O R FI E L D M E A S U R E M E N T RE C O R D E D M E A S U R E M E N T NO W O R F O R M E R L Y WA T E R M E T E R (M ) (R ) N/ F WM EM EL E C T R I C M E T E R AI R C O N D I T I O N E R AC SE T M O N U M E N T A S - N O T E D BO U N D A R Y L I N E CE N T E R L I N E O F R O A D RI G H T - O F - W A Y ( R / W ) BU I L D I N G S E T B A C K L I N E OV E R H E A D P O W E R L I N E PR O P O S E D CO N S E R V A T I O N Z O N I N G PR O P O S E D RI - 1 2 Z O N I N G PA G E 2 O F 2 Planning Commission December 8, 2025 RZN-2025-0050 (MICHAEL COLE DR LLC) Page 27 of 27 Additional Information Received MM/DD/YYYY Time: 00:00 (AM/PM) From: Name & Title To: Name & Title Agenda Meeting Date: Civic Clerk Number: Ex. 2025-994 Forwarded to City Attorney’s Office and 01/13/2026 4:46 PM Jonathan Curth, Development Services Director City Council 01/20/2026 2025-2620 N/A R:\~Swope\23-120 Michael Cole Dr Townhomes\External References\23-120 Rezone.dwg #7 Halsted Circle, Suite 210 ♦ Rogers, Arkansas 72756 ♦ 479.877.7388 Office 0 Date: Project Number:Civil Engineering and Land Surveying SWOPE www.swope-consulting.com CONSULTING Certificate of Authorization № 2831 (in feet) 1 inch = 150 ft. 01/09/202623-120 150 75 150 REZONE EXHIBIT BASIS OF BEARING: ARKANSAS STATE PLANE, COORDINATE SYSTEM, (NAD-83) NORTH ZONE. FOUND MONUMENT AS-NOTED LEGEND POWER POLE GUY ANCHOR FIELD MEASUREMENT RECORDED MEASUREMENT NOW OR FORMERLY WATER METER (M) (R) N/F WM EM ELECTRIC METER AIR CONDITIONERAC SET MONUMENT AS-NOTED BOUNDARY LINE CENTERLINE OF ROAD RIGHT-OF-WAY (R/W) BUILDING SETBACK LINE OVERHEAD POWER LINE PROPOSED CONSERVATION ZONING PROPOSED RI-12 ZONING DEED DESCRIPTION FILE # 2025-00008131 SURVEY DESCRIPTION LOT 3A (THIS PLAT). A TRACT OF LAND BEING ALL OF LOT 3, ALL OF LOT 4 AND ALL OF LOT 5 OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT BOOK 7 AT PAGE 32, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND THE NORTHWEST CORNER OF SAID LOT 3, BEING ON THE SOUTH RIGHT-OF-WAY LINE OF W. MICHAEL COLE DRIVE (60' R/W); THENCE ALONG SAID SOUTH LINE N89°00'20"E 623.73 FEET TO AN IRON PIN FOUND; THENCE ALONG A CURVE TO THE LEFT HAVING A DELTA OF 54°24'08", A RADIUS OF 50.00 FEET, A LONG CHORD THAT BEARS S64°26'47"E 45.71 FEET, AN ARC DISTANCE OF 47.47 FEET TO AN IRON PIN FOUND; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE S54°29'46"E 67.90 FEET TO AN IRON PIN FOUND; THENCE S02°09'41"W PASSING AT A DISTANCE OF 322.64 AN IRON PIN FOUND FOR TOTAL DISTANCE OF 366.78 FEET; THENCE S32°33'23"W 87.47 FEET; THENCE S59°20'23"W 112.10 FEET; THENCE S78°59'23"W 309.15 FEET; THENCE N33°33'07"W 172.35 FEET; THENCE S88°05'50"W 124.20 FEET; THENCE S61°22'11"W 68.00 FEET; THENCE N02°16'02"E PASSING AT A DISTANCE OF 33.58 FEET AN IRON PIN FOUND FOR A TOTAL DISTANCE OF 498.24 FEET TO THE POINT OF BEGINNING, CONTAINING 8.79 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. PROPOSED RI-12 ZONING SURVEY DESCRIPTION A TRACT OF LAND BEING A PART OF LOT 3A, OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT FILE #2025-00008131, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NW CORNER OF LOT 3A IN MILDRED LEE ESTATES, PHASE 1; THENCE ALONG THE NORTH LINE OF SAID LOT N 88°59'29" E A DISTANCE OF 250.64' TO A ; THENCE N 89°00'55" E A DISTANCE OF 373.09' TO A FOUND IRON REBAR; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 47.47', WITH A RADIUS OF 50.00', WITH A CHORD BEARING OF S 64°26'47" E, WITH A CHORD LENGTH OF 45.71' TO A FOUND IRON REBAR; THENCE S 54°29'46" E A DISTANCE OF 67.90' TO A FOUND IRON REBAR BEING THE NE CORNER OF LOT 3A; THENCE ALONG THE EAST LINE OF SAID LOT 3A S 02°09'41" W A DISTANCE OF 147.65' TO A POINT; THENCE N 88°28'43" W A DISTANCE OF 424.82' TO A POINT; THENCE S 00°00'00" E A DISTANCE OF 8.00' TO A POINT; THENCE S 89°00'16" W A DISTANCE OF 27.92' TO A POINT; THENCE S 00°35'00" E A DISTANCE OF 91.69' TO A POINT; THENCE S 69°11'26" W A DISTANCE OF 153.42' TO A POINT; THENCE S 00°48'53" E A DISTANCE OF 33.00' TO A POINT; THENCE S 89°00'16" W A DISTANCE OF 134.85' TO A POINT ON THE WEST LINE OF SAID LOT 3A; THENCE ALONG SAID WEST LINE N 02°16'02" E A DISTANCE OF 374.90' TO THE POINT OF BEGINNING, CONTAINING 180,455 SQ. FEET, 4.14 ACRES, MORE OR LESS. PROPOSED CONSERVATION, CULTURAL, AND RECREATION ZONING DISTRICT SURVEY DESCRIPTION A TRACT OF LAND BEING A PART OF LOT 3A, OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT FILE #2025-00008131, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NW CORNER OF LOT 3A IN MILDRED LEE ESTATES, PHASE 1; THENCE ALONG THE WEST LINE OF SAID LOT 3A S 02°16'02" W A DISTANCE OF 374.90' TO A POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE N 89°00'16" E A DISTANCE OF 134.85' TO A POINT; THENCE N 00°48'53" W A DISTANCE OF 33.00' TO A POINT; THENCE N 69°11'26" E A DISTANCE OF 153.42' TO A POINT; THENCE N 00°35'00" W A DISTANCE OF 91.69' TO A POINT; THENCE N 89°00'16" E A DISTANCE OF 27.92' TO A POINT; THENCE N 00°00'00" W A DISTANCE OF 8.00' TO A POINT; THENCE S 88°28'43" E A DISTANCE OF 363.26' TO A POINT; THENCE S 00°43'23" E A DISTANCE OF 25.19' TO A POINT; THENCE S 69°41'26" W A DISTANCE OF 190.01' TO A POINT; THENCE S 50°14'35" W A DISTANCE OF 136.41' TO A POINT; THENCE S 04°22'29" W A DISTANCE OF 74.47' TO A POINT; THENCE N 81°13'21" E A DISTANCE OF 263.43' TO A POINT; THENCE N 36°48'00" E A DISTANCE OF 143.57' TO A POINT ON THE EAST LINE OF LOT 3A; THENCE ALONG SAID EAST LINE S 02°09'41" W A DISTANCE OF 123.23' TO THE SE CORNER OF LOT 3A; THENCE ALONG THE SOUTH LINE OF SAID LOT S 32°33'23" W A DISTANCE OF 87.47' TO A POINT; THENCE S 59°20'23" W A DISTANCE OF 112.10' TO A POINT; THENCE S 78°59'23" W A DISTANCE OF 309.15' TO A POINT; THENCE N 33°33'07" W A DISTANCE OF 172.35' TO A POINT; THENCE S 88°05'50" W A DISTANCE OF 124.20' TO A POINT; THENCE S 61°22'11" W A DISTANCE OF 68.00' TO THE SW CORNER OF LOT 3A; THENCE ALONG THE WEST LINE OF SAID LOT N 02°16'02" E A DISTANCE OF 123.34' TO THE POINT OF BEGINNING, CONTAINING 153,953 SQ. FEET, 3.53 ACRES, MORE OR LESS. PAGE 1 OF 2 N 54°29'46" W 67.90' (M) FIP FIP FIP FIP FIP FIP NW CORNER LOT 3A MILDRED LEE ESTATES PHASE 1 PROPOSED RI-12 ZONING POB PROPOSED CONSERVATION ZONING POC FIP CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 50.00' (M)47.47' (M)45.71' (M)N 64°26'47" W 54°24'08" LINE BEARING DISTANCE L1 S 00°14'56" E 8.00' L2 N 89°00'16" E 27.92' L4 N 69°11'26" E 129.27' L5 S 00°48'53" E 33.00' L6 S 00°43'23" E 25.19' PROPOSED CONSERVATION ZONING POC PROPOSED RI-12 ZONING LOT 3A 180,455 SQ. FEET 4.14 ACRES ± LOT 3A EXISTING RESIDENTIAL-AGRICULTURAL ZONING 48,276 SQ. FEET 1.11 ACRES ± PROPOSED CONSERVATION, CULTURAL, AND RECREATION ZONING DISTRICT LOT 3A 153,953 SQ. FEET 3.53 ACRES ± S 78°59'23 " W 3 0 9 . 1 5 ' ( M ) N 59 ° 2 0 ' 2 3 " E 112 . 1 0 ' ( M ) N 3 2 ° 3 3 ' 2 3 " E 8 7 . 4 7 ' ( M ) S 3 3 ° 3 3 ' 0 7 " E 1 7 2 . 3 5 ' ( M ) N 88°05'50" E 124.20' (M) N 61° 2 2 ' 1 1 " E 68. 0 0 ' ( M ) S 89°00'16" W 134.85' (M) N 0 0 ° 3 5 ' 0 0 " W 9 1 . 6 9 ' ( M ) N 89°00'55" E 373.09' (M)S 88°59'29" W 250.64' (M) N 0 2 ° 1 6 ' 0 2 " E 3 7 4 . 9 0 ' ( M ) N 0 2 ° 1 6 ' 0 2 " E 1 2 3 . 3 4 ' ( M ) S 0 2 ° 0 9 ' 4 1 " W 3 6 6 . 7 8 ' ( M ) C1 L1 L2 L4 L5 14 7 . 6 5 ' ( M ) 89 . 7 6 ' ( M ) W MICHAEL CODE DR OWL CREEK OWL CREE K N 88°28'43" W 424.82' (M) S 69°4 1 ' 2 6 " W 1 9 0 . 0 1 ' N 50 ° 1 4 ' 3 5 " E 1 3 6 . 4 1 ' N 81°13'21" E 2 6 3 . 4 3 ' S 3 6 ° 4 8 ' 0 0 " W 143 . 5 7 ' N 0 4 ° 2 2 ' 2 9 " E 7 4 . 4 7 ' 95 . 9 0 ' L6 78 . 9 8 ' 44 . 2 5 ' 61.56'363.26' FLOOD PLAIN R:\~Swope\23-120 Michael Cole Dr Townhomes\External References\23-120 Rezone.dwg #7 Halsted Circle, Suite 210 ♦ Rogers, Arkansas 72756 ♦ 479.877.7388 Office 0 Date: Project Number:Civil Engineering and Land Surveying SWOPE www.swope-consulting.com CONSULTING Certificate of Authorization № 2831 (in feet) 1 inch = 150 ft. 01/09/202623-120 150 75 150 REZONE EXHIBIT BASIS OF BEARING: ARKANSAS STATE PLANE, COORDINATE SYSTEM, (NAD-83) NORTH ZONE. FOUND MONUMENT AS-NOTED LEGEND POWER POLE GUY ANCHOR FIELD MEASUREMENT RECORDED MEASUREMENT NOW OR FORMERLY WATER METER (M) (R) N/F WM EM ELECTRIC METER AIR CONDITIONERAC SET MONUMENT AS-NOTED BOUNDARY LINE CENTERLINE OF ROAD RIGHT-OF-WAY (R/W) BUILDING SETBACK LINE OVERHEAD POWER LINE PROPOSED CONSERVATION ZONING PROPOSED RI-12 ZONING PAGE 2 OF 2 Page 1 CONSERVATION EASEMENT This CONSERVATION EASEMENT made this ____ day of _______________, 2026 between Michael Cole Drive, LLC, an Arkansas limited liability company (“Grantor) and the City of Fayetteville, Arkansas (“City”). RECITALS: A. Grantor is the owner in fee simple of certain real property, (the "Protected Property") which constitutes approximately 3.53 acres, is undeveloped and has ecological, scientific, educational and aesthetic value in its present undeveloped state. The Protected Property is located in Washington County, Arkansas along Owl Creek of the Illinois River and tributaries as shown in Exhibit A attached hereto. B. The Protected Property is a significant natural area that qualifies as a “...relatively natural habitat of fish, wildlife, or plants, or similar ecosystem,” as that phrase is used in Section 107(h)(4)(A)(ii) of the Internal Revenue Code, as amended, and in regulations promulgated thereunder. C. The condition of the Protected Property as of the date of this grant is documented in a Baseline Documentation Report (Exhibit “B”), prepared by the Grantor and signed and acknowledged by the City of Fayetteville, Arkansas ("City"). D. The Grantor and City have the common purpose of conserving the Protected Property in perpetuity as set forth below, and the State of Arkansas has authorized the creation of conservation easements pursuant to the Arkansas Conservation Easement Act, codified at §15-20- 401 et seq., and Grantor and City wish to avail themselves of the provisions of that law. The City is a qualified organization to be a holder of conservation easements under the Arkansas Conservation Easement Act. E. The Grantor and City believe that conserving the Protected Property meets the purpose and goals of § 161.38 District CCR, Conservation Cultural, and Recreation of the Fayetteville Unified Development Code. Specifically, that the city and the owner have determined it is beneficial and desirable to conserve, preserve, protect, or enhance natural resources such as floodplains, streams, wetlands, steep topography, woodlands, meadows and wildlife habitat, or for the purpose of improving and restoring such property's ecosystem services. NOW, THEREFORE, the Grantor, for and in consideration of the facts recited above and Page 2 of the mutual covenants, terms, conditions and restrictions contained herein and as an absolute and unconditional gift with no consideration, hereby gives, grants, bargains, sells and conveys unto the City a Conservation Easement in perpetuity over the Protected Property of the nature and character as follows: 1. Purpose. The purpose of this Conservation Easement is to ensure that the Protected Property will be retained forever predominantly in its present condition as of the date this Easement was granted, except for limited access by Grantor, or its successors or assigns, as set forth more fully below; to protect the plants, animals, or plant communities on the Protected Property; and to prevent any use of the Protected Property that will significantly impair or interfere with the conservation values or interests of the Protected Property described above. The Grantor intends that this Conservation Easement will restrict the use of the Protected Property to only such activities as are consistent with the purpose of this Conservation Easement. 2. Prohibited Uses. Any activity on or use of the Protected Property inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are expressly prohibited, except as provided in paragraph 3 below: 2.1 No Construction. There shall be no constructing or placing of any building, recreational facility, mobile home, swimming pool, fence or sign (other than those required by the City for appropriate management), asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower (including, but not limited to, cellular telephone), conduit, line, sodium vapor light or any other temporary or permanent structure or facility on or above the Protected Property. 2.2 No Excavation. There shall be no ditching, draining, diking, filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rock, minerals or other materials, nor any building of roads or change in the topography or surface hydrology of the Protected Property in any manner, except as necessary to meet any stormwater management and drainage requirements in connection with the Grantor’s development of the parcel. 2.3 No Cutting. There shall be no removal, harvesting, destruction or cutting of trees, shrubs or plants, planting of trees, shrubs or plants, use of fertilizers, plowing, introduction of non-native animals, grazing of domestic animals, or disturbance or change in the natural habitat in any manner, except Grantor may, as set forth more fully below, periodically remove dead trees, limbs, vegetation, etc., as reasonably necessary for long-term preservation of the Protected Property, and except as necessary to meet any stormwater management and drainage requirements in connection with the Grantor’s development of the parcel. 2.4 No Biocides. There shall be no use of pesticides or biocides including, but not limited to, insecticides, fungicides, and rodenticides, and no use of devices commonly known as “bug zappers.” Page 3 2.5 No Dumping. There shall be no storage or dumping of ashes, trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste, nor any placement of underground storage tanks in, on, or under the Protected Property; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Protected Property or on adjacent property, if owned by the Grantor, that could cause erosion or siltation on the Protected Property. 2.6 No Pollution. There shall be no pollution, alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies, nor shall activities be conducted on the Protected Property or on adjacent property, if owned by Grantor, that would be detrimental to water purity or that could alter the natural water level or flow in or over the Protected Property. 2.7 No Vehicles. There shall be no operation of any types of mechanized vehicles, including motorcycles and all-terrain or off-road vehicles, except as required to maintain the Protected Property as provided for more specifically below. 2.8 No Subdivision. The Protected Property may not be divided, partitioned, or subdivided, nor conveyed except in its current configuration as an entity. 2.9 Density. Neither the Protected Property nor any portion of it shall be included as part of the gross area of other property not subject to this Conservation Easement for the purposes of determining density, lot coverage, or open space requirements under otherwise applicable laws, regulations or ordinances controlling land use and building density. No development rights that have been encumbered or extinguished by this Conservation Easement shall be transferred to any other lands pursuant to a transferrable development rights scheme, cluster development arrangement, or otherwise. 3. Grantor's Reserved Rights. The Grantor hereby reserves the following rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the Protected Property not prohibited by this Conservation Easement. a) Grantor may continue to use or allow the use of the existing shed on the Protected Property but shall not expand the structures or allow operation of motorized vehicles outside of the existing driveway(s). b) Prior to making any change in use of the Protected Property, the Grantor shall notify the City in writing to allow the City a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. 3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Protected Property, provided such conveyance is subject to the terms of this Conservation Easement, subject to the City’s right of first refusal. Page 4 3.3 Recreational Activities and Amenities. The right to construct or allow to be constructed soft surface trails, immersive pathways, and wildlife observation structures such as blinds, hides, towers, and platforms. 3.4 Diseased Trees. The right to cut and remove dead, diseased, or exotic trees, shrubs, or plants and to cut firebreaks subject to the prior written approval of the Grantee pursuant to paragraph 4.5 below, except that such approval shall not be required in the case of emergency firebreaks. 3.5 Enforcement. The right (but not the obligation) to enforce the terms of this Conservation Easement, it being understood that City has the same right and obligation. 4. City's Rights and Obligations. To accomplish the purpose of this Conservation Easement, subject to the remaining terms set forth herein, the following rights are conveyed to the City by this Conservation Easement: 4.1 Right to Protect. The right to preserve and protect the conservation values of the Protected Property. 4.2 Right of Entry. The right to enter the Protected Property at all reasonable times for the purposes of: (a) inspecting the Protected Property to determine if the Grantor is complying with the covenants and purposes of this Conservation Easement; (b) enforcing the terms of this Conservation Easement; (c) taking any and all actions with respect to the Protected Property as may be necessary or appropriate, with or without order of court, to remedy or abate violations hereof; (d) making scientific and educational observations and studies and taking samples in such a manner as will not disturb the quiet enjoyment of the Protected Property by the Grantor; and (e) monitoring and management as described below. 4.3 Monitoring and Management. The right, but not the obligation, to monitor the condition of any rare plant and animal populations, plant communities, and natural habitats on the Protected Property, and to manage them, to the extent deemed appropriate by the City to ensure their continued presence and viability on the Protected Property. Such activities shall be in accordance with management practices of the City, which may include, but not be limited to, mowing, fencing, trapping, or prescribed burning. 4.4 Enforcement. The right and obligation to prevent any activity on or use of the Protected Property that is inconsistent with the purpose of this Conservation Easement and to require the restoration of such areas or features of the Protected Property that may be damaged by any inconsistent activity or use, pursuant to paragraph 10. 4.5 Discretionary Consent. The City's consent for activities otherwise prohibited under Section 2 above, or for any activities requiring City's consent under Section 3 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the activities listed in Section 2 are deemed desirable by both the Grantor and the City, the City may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and permission Page 5 for activities requiring the City's consent under Section 3, shall be in writing and shall describe the proposed activity in sufficient detail to allow the City to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The City may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property. Notwithstanding the foregoing, the City and Grantor have no right or power to agree to any activities that would result in the termination of this Conservation Easement or to allow any residential, commercial or industrial structures or any commercial or industrial activities not provided for above. 4.6 Annual Inspection and Report. The right, but not the obligation, to inspect the Protected Property at least annually and prepare an annual report regarding the results of the inspection, including any significant changes to the Protected Property or violations of this Conservation Easement, and any action that will be taken in response thereto. A copy of each annual report, if prepared, will be maintained at City Hall and a copy will be mailed to the fee owner of the Protected Property. The City shall provide notice to B-Unlimited at least seven (7) days in advance of any annual inspection. 4.7 Utility Easement. The right to maintain the water/sewer easement that crosses through the Protected Property. 5. Access. Nothing contained in this Conservation Easement shall give or grant to the public a right to enter upon or to use the Protected Property or any portion thereof. 6. Costs and Liabilities. The Grantor and its successors and assigns retain all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep and maintenance of the Protected Property, including without limitation all trails located thereon, and it shall make all decisions regarding these issues at its sole discretion; provided that Grantor shall keep the City's interest in the Protected Property free of any liens arising out of any work performed for, materials furnished to or obligations incurred by the Grantor. Each party agrees to release and absolve the other from any and all liabilities including, but not limited to, injury, losses, damages, judgments, costs, expenses and fees that one party may suffer or incur as a result of or arising out of the activities of the other party on the Protected Property, provided that nothing herein shall be construed to alter, limit or otherwise compromise that immunity afforded the City of Fayetteville under the Constitution and Statutes of the State of Arkansas. 7. Taxes. The Grantor shall pay any real estate taxes or other assessments levied on the Protected Property. 8. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Protected Property in fee simple and has good right to grant and convey this Conservation Easement; that the Protected Property is free and clear of any and all Page 6 encumbrances, including but not limited to, any mortgages not subordinated to this Conservation Easement, and that the City shall have the use of and enjoy all of the benefits derived from and arising out of this Conservation Easement. 9. Hazardous Waste. The Grantor covenants, represents and warrants to the City that no hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, or deposited in or on the Protected Property, and that there are not now any underground storage tanks located on the Protected Property. 10. City's Remedies. If the City becomes aware of a violation of the terms of this Conservation Easement, the City shall give notice to: (a) the person(s) responsible for the violation, and (b) the Grantor or the fee owner of the Protected Property if Grantor is no longer the owner (hereafter the "Owner"), at the Owner's last known post office address, of such violation, and request corrective action sufficient to abate such violation and restore the Protected Property to its previous condition at the time of this grant. Grantor agrees that the Baseline Documentation Report shall be deemed to provide objective information concerning the Protected Property's condition at the time of this grant. Failure by the responsible party to abate the violation and take such other corrective action as may be requested by the City within thirty (30) days after receipt of such notice shall entitle the City or Grantor to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Easement; to require the restoration of the property to its previous condition; to enjoin the non-compliance by ex parte temporary or permanent injunction in a court of competent jurisdiction; and/or to recover any damages arising from the non-compliance; provided however that Grantor shall in no way and under no circumstances be responsible for any damages. Such damages, when recovered, may be applied by the City only to corrective action on the Protected Property. City shall be entitled to recover its attorney's fees and costs in any successful action to enforce the terms of this Conservation Easement, or the violation thereof, against anyone but Grantor. The City does not waive or forfeit the right to take action as may be necessary to insure compliance with this Conservation Easement by any prior failure to act and the Grantor hereby waives any defenses of waiver, estoppel or laches with respect to any failure to act or delay by the City, its successors or assigns, in acting to enforce any restriction or exercise any rights under this Conservation Easement. 11. Parties Subject to Easement. The covenants agreed to and the terms, conditions, and restrictions imposed by this grant shall not only be binding upon the Grantor but also its lessees, agents, personal representatives, successors and assigns, and all other successors to Grantor in interest and shall continue as a servitude running in perpetuity with the Protected Property. No third party right of enforcement exists. Only the City and/or the Grantor can enforce this Conservation Easement. 12. Subsequent Transfers. The Grantor agrees that the terms, conditions, restrictions and purposes of this grant or reference thereto will be deemed to be contained within any subsequent deed or other legal instrument by which the Grantor divests either the fee simple title or possessory interest in the Protected Property; and the Grantor further agrees to notify the City of any pending transfer at the time of the transfer or within a reasonable time thereafter. Page 7 13. Merger. The Grantor and the City agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Protected Property. 14. Amendment. In the event that the property is affected by unusual and unforeseen circumstances and conditions, Grantor and City by mutual consent may amend this easement; provided that the amendment is not inconsistent with the conservation purpose of this easement; will not result in a net degradation of the conservation values of the property; will not affect the enforceability of the easement; and is accomplished in compliance with any applicable state statute and with section 170(h) of the Internal Revenue Code and all regulations applicable thereto, as they may be in effect at the time. Any such amendment shall be recorded in the official land records where the Protected Property is located. 15. Assignment. The Grantor may assign its interest hereunder by selling the fee interest in the Protected Property. The City may not assign its interest hereunder without the express written consent of the fee owner of the Protected Property; provided that only those entities that are qualified organizations as that term is defined in Section 170(h)(3) of the Internal Revenue Code of 1986 (or any successor section) and the regulations promulgated thereunder, that is organized and operated primarily for one of the conservation purposes specified in Section 170(h)(4)(A) of the Internal Revenue Code, shall be permitted, and the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes that the contribution was originally intended to advance. 16. Eminent Domain. Whenever all or part of the Protected Property is taken in exercise of eminent domain by public, corporate, or other authority so as to abrogate the restrictions imposed by this Conservation Easement, the Grantor shall join in appropriate actions at the time of the taking to recover the full value of the taking and all incidental or direct damages resulting from it, and the Grantor shall retain all proceeds. 17. Miscellaneous Provisions. 17.1 Severability. If any provision of this Conservation Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Conservation Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 17.2 Successors and Assigns. The term "Grantor" shall include the Grantor and the Grantor's heirs, executors, administrators, successors and assigns and shall also mean the masculine, feminine, corporate, singular or plural form of the word as needed in the context of its use. The term "City" shall include the City of Fayetteville, Arkansas, and its successors and assigns. 17.3 Re-recording. The City is authorized to record or file any notices or instruments appropriate to assuring the perpetual enforceability of this Conservation Easement; for such purpose, the Grantor appoints the City its attorney-in-fact to execute, acknowledge and Page 8 deliver any necessary instrument on its behalf. Without limiting the foregoing, the Grantor agrees to execute any such instruments upon request. 17.4 Captions. The captions herein have been inserted solely for convenience of reference and are not a part of this Conservation Easement and shall have no effect upon construction or interpretation. 17.5 Counterparts. The parties may execute this instrument in two or more counterparts, which shall, in the aggregate, be signed by both parties; each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 17.6 Notices. Any notices required in this Conservation Easement shall be sent by certified mail to the following address or such address as may be hereafter specified by notice in writing: If to Grantor: If to City: Michael Cole Dr, LLC City of Fayetteville, Arkansas P.O. Box 1287 Attn: Office of the Mayor Bentonville, AR 72712 113 W. Mountain Fayetteville, AR Fayetteville, AR 72701 TO HAVE AND TO HOLD the said Conservation Easement unto the said City forever. IN WITNESS WHEREOF, the Grantor has executed and sealed this document the day and year first above written. MICHAEL COLE DR, LLC By: _________________________________ Printed Name: _________________________ Title: ________________________________ Date: ________________________________ Page 9 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared _________________, to me well known as the person who executed the foregoing document, and who stated and acknowledged that he or she is the ________________ of Michael Cole Dr, LLC, and is duly authorized in that capacity to execute the foregoing instrument for and in the name and behalf of said corporation, and further stated and acknowledged that he or she had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2026. _____________________________________ Notary Public My Commission Expires: ________________ Page 10 ACCEPTANCE The undersigned does hereby, on behalf of the City of Fayetteville, Arkansas, consent to and accepts the interest and Conservation Easement granted and conveyed to it under and pursuant to the foregoing grant and agrees to observe and perform all obligations imposed on it thereunder. In consideration of the making of such grant of Conservation Easement, the undersigned further agrees as follows: 1. That should it or its successors or assigns acquire the fee simple interest in and to the Protected Property, it shall not cause or permit the merger of such fee simple interest and the Conservation Easement; 2. Not to release the Conservation Easement to the holder of the fee interest unless such holder is an agency of the State of Arkansas, a unit of local government or a not-for-profit corporation or trust whose primary purposes include the conservation of land, natural areas, open space or water areas, or the preservation of native plants or animals, or biotic communities; and 3. That any subsequent conveyance of the Conservation Easement by it or its successors and assigns shall be in accordance with the terms of an Act relating to Conservation Rights in Real Property, Act 567 of 1983, as set forth at A.C.A. § 15-20-401 et seq., as such Act may be amended from time to time, and shall not be in exchange for money, other property or services, but shall be for no consideration and each instrument of subsequent conveyance shall expressly set forth the same requirements. The undersigned agrees that this acceptance and its covenants and agreements hereunder shall be binding upon the City of Fayetteville and its successors and assigns. CITY OF FAYETTEVILLE, ARKANSAS By: ______________________________ Molly Rawn, Mayor Date: _____________________________ ATTEST: By:_______________________________ Kara Paxton, City Clerk Treasurer Page 11 ACKNOWLEDGMENT STATE OF ARKANSAS ) ) ss. COUNTY OF WASHINGTON ) BE IT REMEMBERED, that on this date, before the undersigned, a duly commissioned and acting Notary Public within and for said County and State, personally appeared Molly Rawn and Kara Paxton, to me well known as the persons who executed the foregoing document, and who stated and acknowledged that they are the Mayor and City Clerk Treasurer of the City of Fayetteville, Arkansas, a municipal corporation, and are duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said municipal corporation, and further stated and acknowledged that they had so signed, executed and delivered said instrument for the consideration, uses and purposes therein mentioned and set forth. WITNESS my hand and seal on this day of , 2026. _____________________________________ Notary Public My Commission Expires: ________________ Page 12 Exhibit "A" Legal Description of Protected Property A TRACT OF LAND BEING A PART OF LOT 3A, OF THE MILDRED LEE ESTATES, AS RECORDED IN PLAT FILE #2025-00008131, WASHINGTON COUNTY, ARKANSAS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE NW CORNER OF LOT 3A IN MILDRED LEE ESTATES, PHASE 1; THENCE ALONG THE WEST LINE OF SAID LOT 3A S 02°16'02" W A DISTANCE OF 374.90' TO A POINT BEING THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE N 89°00'16" E A DISTANCE OF 134.85' TO A POINT; THENCE N 00°48'53" W A DISTANCE OF 33.00' TO A POINT; THENCE N 69°11'26" E A DISTANCE OF 153.42' TO A POINT; THENCE N 00°35'00" W A DISTANCE OF 91.69' TO A POINT; THENCE N 89°00'16" E A DISTANCE OF 27.92' TO A POINT; THENCE N 00°00'00" W A DISTANCE OF 8.00' TO A POINT; THENCE S 88°28'43" E A DISTANCE OF 363.26' TO A POINT; THENCE S 00°43'23" E A DISTANCE OF 25.19' TO A POINT; THENCE S 69°41'26" W A DISTANCE OF 190.01' TO A POINT; THENCE S 50°14'35" W A DISTANCE OF 136.41' TO A POINT; THENCE S 04°22'29" W A DISTANCE OF 74.47' TO A POINT; THENCE N 81°13'21" E A DISTANCE OF 263.43' TO A POINT; THENCE N 36°48'00" E A DISTANCE OF 143.57' TO A POINT ON THE EAST LINE OF LOT 3A; THENCE ALONG SAID EAST LINE S 02°09'41" W A DISTANCE OF 123.23' TO THE SE CORNER OF LOT 3A; THENCE ALONG THE SOUTH LINE OF SAID LOT S 32°33'23" W A DISTANCE OF 87.47' TO A POINT; THENCE S 59°20'23" W A DISTANCE OF 112.10' TO A POINT; THENCE S 78°59'23" W A DISTANCE OF 309.15' TO A POINT; THENCE N 33°33'07" W A DISTANCE OF 172.35' TO A POINT; THENCE S 88°05'50" W A DISTANCE OF 124.20' TO A POINT; THENCE S 61°22'11" W A DISTANCE OF 68.00' TO THE SW CORNER OF LOT 3A; THENCE ALONG THE WEST LINE OF SAID LOT N 02°16'02" E A DISTANCE OF 123.34' TO THE POINT OF BEGINNING, CONTAINING 153,953 SQ. FEET, 3.53 ACRES, MORE OR LESS. Page 13 Page 14 Page 15 Exhibit “B” Baseline Documentation Report FROM: Phil Swope – Civil Engineer, Swope Consulting LLC SUBJECT: Forestry Assessment, Parcel 765-08445-000, 765-08446-000, and 765-08447-000 Swope Consulting was asked to conduct an assessment for the pond area on parcels 765-08445-000, 765- 08446-000, and 765-08447-000. The pond is located on the south side of the lots. The pond and surrounding area are proposed to be in a conservation easement. BACKGROUND: This assessment looks at the general condition of the forests, age, species profile, and health of the forests. Information about hydrology, wildlife habitat, and the history of the lands is included in the assessment. The assessment is created with GIS aerial images and information gathered during site visit. Exhibit 1- Overall site with highlighted proposed conservation easement Page 16 Exhibit 2 – Proposed Easement This site has been primarily a maintained open field, with no changes to major vegetation. The significant hydrology feature is a large creek, Owl Creek, which traverses the southern boundary. This creek conveys a significant upstream drainage area from the east. This creek is in pristine condition with a limestone bed, as shown in the attached pictures. This stream supports aquatic life, and Mallard Ducks were seen at a site visit. The land was also seen with squirrels and signs of deer. Exhibit 3 Page 17 The site, intended for development, all drains south to Owl Creek. This conservation easement provides significant buffer for full protection of the integrity of the creek. Exhibit 4 Water Flow Page 18 The following photos show current conditions of the site and reflect the variety of vegetation. The tree types found were Oak, Hickory and Sycamore. Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-107 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2025-0028 as shown in the attached Exhibits 'A' and 'B', and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense; 2. A general utility easement shall be dedicated to cover the existing facilities along W. Cato Springs Rd as requested by AT&T. BACKGROUND: The subject property is in south Fayetteville, approximately 870 feet west of the W. Cato Springs Rd and S. School Avenue intersection. Both properties are zoned Residential Single-Family, 4 Units per Acre. Following a lot split (LSP-2024-0039), the W. Cato Springs property was subdivided, with the western half remaining undeveloped and the eastern half, 2101 S. Emma Ave, developed with a single-family dwelling constructed in 1974. A conditional use permit (CUP-2025-0047) for a two-family home was approved by the Planning Commission in October of 2025 for the property. The street right-of-way was originally platted in 1958 as part of the Meadowlark addition. Request: The applicant proposes to vacate a 0.01-acre portion of right-of-way along W. Cato Springs that extends along two properties. DISCUSSION: Staff supports the applicant’s request to vacate this right-of-way. The existing right-of-way exceeds what is typically required for a Neighborhood Link street, which is W. Cato Spring's Master Street Plan designation. The City's Transportation Division initially expressed opposition to the request, finding that a vacation at this width may misalign any future developed sidewalk along W. Cato Springs with what exists. In evaluating the concern, both planning and engineering staff are in support of the vacation request because the existing right- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov of-way (37.35’) is greater than what is required for the Neighborhood Link street (33.5’) that the property fronts. Further, any sidewalk required to be built with associated development along W. Cato Springs would be required to be built at the back of the master street plan right-of-way, not the existing right-of-way. The applicant is only requesting to vacate right-of-way to align with the typical dimension. At the December 8, 2025 Planning Commission meeting, this item was forwarded to City Council with a recommendation of approval with a vote of 6-1-0 (Chair Brink dissented). No public comment was provided during the public meeting. At the January 6, 2026 City Council meeting, VAC-2025-0028 was approved; however, the legal description for 2101 S. Emma Ave. was not included in the submittal. Both properties' legal descriptions have been included on this item to redress the issue and consolidate potential approval of the vacation into one ordinance. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-107 AN ORDINANCE TO APPROVE VAC-25-28 FOR PROPERTY LOCATED SOUTHWEST OF WEST CATO SPRINGS ROAD AND SOUTH EMMA AVENUE IN WARD 1 TO VACATE 0.01 ACRES OF RIGHT-OF-WAY WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of right-of-way is not required for corporate purposes. 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 vacates the portion of right-of-way as described in Exhibit B attached to the Planning Department’s memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department’s memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2. A general utility easement shall be dedicated to cover the existing facilities along West Cato Springs Road, as requested by AT&T. 1/14/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-107 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right-of-way. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Research Park Connector CATO SPRINGS RD INNOVATION WAY CO L E M A N A V E EM M A A V E RESEARCH CENTER BLVD DISCOVERY WAY SELLE DR CO L E M A N A V E RSF-4 UC Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 VAC-2025-0028 EXHIBIT A AREA OF EXISTING RIGHT-OF-WAY TO BE VACATED – ADJACENT TO LOT 2A (645 W. CATO SPRINGS RD, PARCEL # 765-08310-001) A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2A, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING; thence S 87°08′26″ E along said existing right-of-way 80.00 feet to the northeast corner of said lot; thence N 03°08′03″ E 3.85 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 80.00 feet to a point 3.80 feet north of the point of beginning; thence S 03°08′03″ W 3.80 feet to the point of beginning. Containing approximately 308 square feet (0.0071 acres), more or less. This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.3 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. VAC-2025-0028 EXHIBIT B AREA OF EXISTING RIGHT-OF-WAY TO BE VACATED – ADJACENT to LOT 2B (2101 S. EMMA AVE, PARCEL # 765-08310-000) A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2B, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2B, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING ; thence S 87°08′26″ E along said existing right-of-way 68.10 feet to the northeast corner of said lot at South Emma Avenue; thence N 03°08′03″ E 3.90 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 68.10 feet to a point 3.85 feet north of the point of beginning; thence S 03°08′03″ W 3.85 feet to the point of beginning. Containing approximately 266 square feet (0.0061 acres),more or less. This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.4 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. GIS Approved 11/04/2025 VAC-2025-0028 EXHIBIT B TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: December 8, 2025 SUBJECT: VAC-2025-0028: Vacation (SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE/WEAVER, 639): Submitted by GYANGYU ZHU-WEAVER for property located SOUTHWEST OF W. CATO SPRINGS RD & S. EMMA AVE. The proper ties are zoned RSF -4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.19 and 0.21 acres. The request is to vacate 0.01 acres of right -of-way. RECOMMENDATION: Staff recommends forwarding VAC-2025-0028 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: “I move to forward VAC-2025-0028 to City Council with a recommendation of approval and with conditions as recommended by staff.” BACKGROUND: The subject properties are in south Fayetteville approximately 870 feet west of the W. Cato Springs Rd and S. School Avenue intersection. Both properties are zoned Residential Single- Family,4 Units per Acre. Following a lot split (LSP-2024-0039), the W. Cato Springs property is undeveloped and the 2101 S. Emma Ave property is developed with a single-family dwelling that was constructed in 1974. A conditional use permit (CUP-2025-0047) for a two-family home was approved at the W. Cato Springs property. The street right-of-way was originally platted in 1958 as part of the Meadowlark addition. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North University of Arkansas – Research & Technology Park UC, Urban Corridor South Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single Family, 4 Units per Acre Proposal: The applicant proposes to vacate a 0.01-acre portion of right-of-way along W. Cato Springs that extends along two properties. Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 1 of 25 Updated w/ meeting results DISCUSSION: Staff supports the applicant’s request to vacate this right-of-way. The existing right-of-way exceeds what is typically required for a Neighborhood Link street. The City's Transportation Division expressed opposition to the request, finding that a vacation at this width may misalign any future developed sidewalk along W. Cato Springs with what is existing. With that said, both planning and engineering staff is in support of the vacation request because the existing right-of- way (37.35’) is greater than what is required for the Neighborhood Link street (33.5’) that the property fronts. Further, any sidewalk required to be built with associated development along W. Cato Springs would be required to be built at the back of the master street plan right-of-way. The applicant is only requesting to vacate right-of-way to align with the typical dimension. Vacation Approval: The applicant has submitted the required vacation approval forms to relevant city departments and franchise utility companies with the following responses. Utility Response Cox Communications No objections, provided that any damage or relocation of existing facilities will be at the property owner/developer’s expense. AEP/SWEPCO No objections and no comments. Black Hills Energy No objections and no comments. AT&T No objections, provided that the abandoned right-of-way is converted to a general utility easement to cover the existing AT&T facilities there. Ozarks Electric No objections and no comments. City of Fayetteville Response Water/Sewer No objections and no comments. Solid Waste & Recycling No objections and no comments. Transportation Objects to the application, stating that a vacation would require a change in the alignment of the sidewalk along W. Cato Springs Rd. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends approval of VAC-2025-0028. Should the Planning Commission choose to forward, staff recommends the following conditions: Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense; 2. A general utility easement shall be dedicated to cover the existing facilities along W. Cato Springs Rd as requested by AT&T. Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 2 of 25 PLANNING COMMISSION ACTION: Required YES Date: December 8, 2025 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close-Up Map • Current Land Use Map • Engineering Memo • Applicant Request Letter • Applicant Petition to Vacate • Survey Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 3 of 25 Cabe Castin 6-1-0 (Brink dissented) CATO SPRINGS RD 15TH ST SCHOOLAVE 19TH ST I-2 RMF-24 RSF-4 I-1 RPZD MSC DG P-1 NC NS-G CS UC Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway Unclassified Alley Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 4 of 25 Research Park Connector CATO SPRINGS RD INNOVATION WAY CO L E M A N A V E EM M A A V E RESEARCH CENTER BLVD DISCOVERY WAY SELLE DR CO L E M A N A V E RSF-4 UC Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 5 of 25 CATO SPRINGS RD SC H O O L A V E Regional Link Neighborhood Link Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use VAC-2025-0028 W. CATO SPRINGS RD WEST OF 2101 S. EMMA AVE N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Single-Family Residential Single-Family Residential & Institutional U of A Institutional U of A 1:3,600 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 6 of 25 PETITION TO VACATE A PORTION OF RIGHT-OF-WAY ALONG THE SOUTHERLY FRONTAGE OF W CATO SPRINGS ROAD Adjacent to Lot 2A, Block 7, Meadowlark Addition, City of Fayetteville, Arkansas TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the right-of-way hereinafter sought to be vacated, lying along the southerly frontage of W Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Arkansas, hereby petition the City to vacate the following described portion of public right-of-way: Legal Description of Area to Be Vacated A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2A, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2A, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING; thence S 87°08′26″ E along said existing right-of-way 80.00 feet to the northeast corner of said lot; thence N 03°08′03″ E 3.85 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 80.00 feet to a point 3.80 feet north of the point of beginning; thence S 03°08′03″ W 3.80 feet to the point of beginning. Containing approximately 308 square feet (0.0071 acres), more or less. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 7 of 25 This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.3 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. Statement of Purpose The abutting real estate affected by said vacation is Lot 2A, Block 7, Meadowlark Addition (Parcel # 765-08310-001), located at 645 W Cato Springs Road, Fayetteville, AR 72701. The existing right-of-way extends 37.3′ to 37.35′ south of the roadway centerline, exceeding the Master Street Plan (MSP) Right-of-Way of 33.5′ by 3.8′ to 3.85′. This petition seeks to vacate that narrow excess strip to align the property boundary with the City’s adopted MSP Right-of-Way. Vacating this minor portion will not affect any utilities, drainage facilities, or public access. This adjustment will maintain the existing 15′ front setback measured from the MSP right-of-way, ensuring continued compliance with RSF-4 zoning and the City’s Neighborhood Link Street standards. WHEREFORE The undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above-described portion of public right-of-way, and that title to the vacated area be vested in the abutting property owners as provided by law. Dated this ____ day of _____________, 2025. Printed Name Christina Zhu-Weaver Signature: ___________________________ Printed Name Jesse Weaver Signature: __________________________ 29 Oct Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 8 of 25 PETITION TO VACATE A PORTION OF RIGHT-OF-WAY ALONG THE SOUTHERLY FRONTAGE OF W CATO SPRINGS ROAD Adjacent to Lot 2B, Block 7, Meadowlark Addition, City of Fayetteville, Arkansas TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being the owners of the real estate abutting the right-of-way hereinafter sought to be vacated, lying along the southerly frontage of W Cato Springs Road, adjacent to Lot 2B, Block 7, Meadowlark Addition to the City of Fayetteville, Arkansas, hereby petition the City to vacate the following described portion of public right-of-way: Legal Description of Area to Be Vacated A portion of the existing public right-of-way lying along the southerly boundary of West Cato Springs Road, adjacent to Lot 2B, Block 7, Meadowlark Addition to the City of Fayetteville, Washington County, Arkansas, as shown on the plat of said subdivision recorded in Book 3, Page 379, and on the recorded lot-split survey of Meadowlark Addition Lot 2 into Lots 2A and 2B, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, said portion being vacated being more particularly described as follows: Beginning at the northwest corner of said Lot 2B, said point being on the current southerly right-of-way line of West Cato Springs Road and the POINT OF BEGINNING ; thence S 87°08′26″ E along said existing right-of-way 68.10 feet to the northeast corner of said lot at South Emma Avenue; thence N 03°08′03″ E 3.90 feet to a point on the proposed Master Street Plan (MSP) right-of-way line located 33.5 feet south of the centerline of West Cato Springs Road; thence N 87°08′26″ W along said proposed right-of-way line 68.10 feet to a point 3.85 feet north of the point of beginning; thence S 03°08′03″ W 3.85 feet to the point of beginning. Containing approximately 266 square feet (0.0061 acres),more or less. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 9 of 25 This description is derived from the recorded lot-split survey for Lots 2A and 2B, Block 7, Meadowlark Addition, and reflects the difference between the existing right-of-way (approximately 37.4 feet from the centerline of West Cato Springs Road) and the 33.5-foot Master Street Plan right-of-way standard. Statement of Purpose The abutting real estate affected by said vacation is Lot 2B, Block 7, Meadowlark Addition (Parcel # 765-08310-000), located at 2101 S Emma Avenue, Fayetteville, AR 72701. The existing right-of-way extends 37.35′ to 37.4′ south of the roadway centerline, exceeding the Master Street Plan (MSP) Right-of-Way of 33.5′ by 3.85′ to 3.9′. This petition seeks to vacate that narrow excess strip to align the property boundary with the City’s adopted MSP Right-of-Way. Vacating this minor portion will not affect any utilities, drainage facilities, or public access. The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and maintains a 15′ front setback measured from the existing S Emma Avenue right-of-way and a 15′ side setback measured from the MSP W Cato Springs Road right-of-way. These setbacks ensure that all existing structures remain well outside both public right-of-way limits. WHEREFORE The undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above-described portion of public right-of-way, and that title to the vacated area be vested in the abutting property owners as provided by law. Dated this ____ day of _____________, 2025. Printed Name Christina Zhu-Weaver Signature: ___________________________ Printed Name 2 10 29 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 10 of 25 Jesse Weaver Signature: ___________________________ 3 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 11 of 25 Date: October 29, 2025 To: Planning Commissioners and City Council Members City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 Subject: Request for Right-of-Way (ROW) Adjustment to Align with Master Street Plan (MSP) Right-of-Way Dear Planning Commissioners and City Council Members, I respectfully request approval for a Right-of-Way (ROW) adjustment along the W Cato Springs Road frontage of 2101 S Emma Avenue (Parcel #765-08310-000) to align the property boundary with the City of Fayetteville’s Master Street Plan (MSP) Right-of-Way (ROW). Background and Purpose W Cato Springs Road is classified as a Neighborhood Link Street under the City’s MSP, which defines a total Maximum ROW width of 67′, extending 33.5′ south from the roadway centerline. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 12 of 25 The recorded survey (see 645 W Cato Springs & 2101 S Emma Survey) shows the existing ROW extending 37.35′ from the roadway centerline at the northwest corner and 37.4′ at the northeast corner. These measurements exceed the MSP ROW by 3.85′ and 3.9′, respectively. 2 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 13 of 25 The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and currently contains an existing single-family home built in 1974 with 1,290 sq ft of living area. Per current zoning standards, the site maintains a 15′ front setback measured from the existing S Emma Avenue right-of-way and a 15′ side setback measured from the existing W Cato Springs Road right-of-way. These setbacks ensure that all existing structures remain well outside both public right-of-way limits. The requested ROW adjustment will simply align the W Cato Springs frontage with the adopted 33.5′ MSP Right-of-Way, consistent with the City’s Master Street Plan R/W and existing development standards. 4 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 14 of 25 Public Benefit and Policy Alignment ● Aligns the W Cato Springs Road frontage with the City’s MSP Right-of-Way. ● Maintains all public access, drainage, and utility infrastructure. 5 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 15 of 25 ● Promotes consistent corridor design and simplifies future infrastructure coordination. ● Advances City Plan 2040 Goals 3.1 and 4.2 by supporting efficient use of existing infrastructure. Conclusion This request corrects a minor survey discrepancy and aligns the W Cato Springs frontage with the City’s adopted MSP Right-of-Way (33.5′ from centerline). It does not alter existing improvements but ensures consistency with the City’s approved Neighborhood Link Street cross-section, setback standards, and RSF-4 zoning requirements. I respectfully request your approval. Thank you for your consideration. Sincerely, Christina Zhu-Weaver Apple Lily Management Company LLC 6 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 16 of 25 Date: October 29, 2025 To: Planning Commissioners and City Council Members City of Fayetteville, Arkansas 113 W Mountain Street Fayetteville, AR 72701 Subject: Request for Right-of-Way (ROW) Adjustment to Align with Master Street Plan (MSP) Right-of-Way Dear Planning Commissioners and City Council Members, I respectfully request approval to vacate a narrow strip of Right-of-Way along the W Cato Springs Road frontage of 645 W Cato Springs Road (Parcel #765-08310-001) to align the property boundary with the City of Fayetteville’s Master Street Plan (MSP) Right-of-Way (ROW). Background and Purpose W Cato Springs Road is classified as a Neighborhood Link Street under the City’s MSP, which defines a total Maximum ROW width of 67′, extending 33.5′ south from the roadway centerline. 1 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 17 of 25 The recorded survey (see 645 W Cato Springs & 2101 S Emma Survey) shows the existing ROW extending 37.3′ from the roadway centerline at the northwest corner and 37.35′ at the northeast corner. These measurements exceed the MSP ROW by 3.8′ and 3.85′, respectively. 2 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 18 of 25 The previous site-plan approval (RESI-2025-0240 and RESI-2025-0239) for a single-family home and ADU included an 8′-wide, 80′-long public sidewalk within the MSP ROW, per Planning staff’s request. The Conditional Use Permit (CUP) for a two-family dwelling at this address was approved by the Planning Commission on October 13, 2025. The current duplex project will construct this required sidewalk consistent with the MSP ROW alignment. 4 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 19 of 25 5 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 20 of 25 This ROW vacation removes the excess frontage area so that the property boundary aligns with the adopted 33.5′ MSP ROW for Neighborhood Link Streets. 6 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 21 of 25 The property is zoned RSF-4 (Residential Single-Family – Four Units per Acre) and maintains the required 15′ front setback measured from the existing right-of-way. The requested adjustment does not alter or reduce this setback. Once the frontage is aligned with the adopted 33.5′ MSP Right-of-Way, the property will continue to meet all setback and zoning requirements. Public Benefit and Policy Alignment ● Aligns the W Cato Springs Road frontage with the City’s MSP Right-of-Way. ● Preserves all public access, drainage, and utility infrastructure. ● Promotes uniform corridor design and simplifies future infrastructure coordination. 7 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 22 of 25 ● Advances City Plan 2040 Goals 4.2 and 5.3 by supporting context-sensitive infill and efficient land use. 8 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 23 of 25 Conclusion This request corrects a survey discrepancy and aligns the W Cato Springs frontage with the City’s adopted MSP Right-of-Way (33.5′ from centerline). It does not alter existing improvements but ensures consistency with the City’s approved Neighborhood Link Street cross-section, setback standards, and RSF-4 zoning requirements. I respectfully request your approval. Thank you for your consideration. Sincerely, Christina Zhu-Weaver Apple Lily Management LLC 9 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 24 of 25 Planning Commission December 8, 2025 VAC-2025-0028 (WEAVER) Page 25 of 25 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-108 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Citlali Samano, Planner SUBJECT: VAC-2025-0032: Vacation (902 S. SCHOOL AVENUE AND 1020 S. SCHOOL AVENUE/PINWHEEL PROPERTIES LLC AND STEVENS PROPERTIES FAYETTEVILLE LLC, 563): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 902 S. SCHOOL AVE AND 1020 S. SCHOOL AVE. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 5.16 acres. The request is to vacate 0.36 acres of utility easement. RECOMMENDATION: Staff recommends approval of VAC-2025-0032 as shown in the attached Exhibits 'A' and 'B', and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer’s expense; 2. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville, and any new easements shall be dedicated as necessary. BACKGROUND: The subject property is in south Fayetteville, west of Walker Park and south of Frisco Trail on W 9th St. The property received its current zoning designation of DG, Downtown General on July 15, 2008, in conjunction with the larger Walker Park Neighborhood Master Plan rezoning (Ordinance 5153). Request: The applicant proposes to vacate existing public utility and water/sewer utility easements on the property. These easements were dedicated through multiple documents and do not align with the installed utilities, resulting in a series of non-uniform and, in many areas, unused easements. The easements extend across eleven (11) parcels: ten at 1020 S. School owned by Stevens Properties Fayetteville LLC, and one parcel at 902 S. School Avenue owned by Pinwheel Properties LLC. A Property Line Adjustment (PLA) application is currently under review to consolidate these parcels in conjunction with a proposed Large-Scale Development (LSD-2025-0016). The total easement area consists of three distinct segments encompassing 15,741.58 square feet, or approximately 0.36 acres. DISCUSSION: City of Fayetteville staff recommends in favor of the requested easement vacation. The applicant submitted all Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov the necessary approvals without objections. New uniform easements will be dedicated to align with adequate service provision for the associated large-scale development. A new sewer main will be re-routed and manholes will be constructed to replace the portion sought to be vacated. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Request Letter, 7. Petition, 8. Survey Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-108 AN ORDINANCE TO APPROVE VAC-25-32 FOR PROPERTY LOCATED AT 902 SOUTH SCHOOL AVENUE AND 1020 SOUTH SCHOOL AVENUE IN WARD 1 TO VACATE 0.36 ACRES OF UTILITY EASEMENT WHEREAS, the City Council has the authority under Ark. Code Ann. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of utility easement is not required for corporate purposes. 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 vacates the portion of utility easement as described in Exhibit B attached to the Planning Department’s memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department’s memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will be at the property owner/developer’s expense. 2. Any and all conflicting water or sewer lines must be relocated and accepted by the City of Fayetteville and new easements shall be dedicated as necessary. 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 2026-108 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only VAC-2025-0032: Vacation (902 S. SCHOOL AVENUE AND 1020 S. SCHOOL AVENUE/PINWHEEL PROPERTIES LLC AND STEVENS PROPERTIES FAYETTEVILLE LLC, 563): Submitted by DEVELOPMENT CONSULTANTS INC for property located at 902 S. SCHOOL AVE AND 1020 S. SCHOOL AVE. in WARD 1. The property is zoned DG, DOWNTOWN GENERAL and contains approximately 5.16 acres. The request is to vacate 0.36 acres of utility easement. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 1/15/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ FriscoTrail Walker ParkTrail CH U R C H AV E 11TH ST FE E D M I L L P L EN G L I S H P L 9TH ST LO C U S T A V E WE S T A V E SCHOOLAVE RMF-24 I-1 P-1 DG NC CS MSC Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Close Up View VAC-2025-0032 902 S. SCHOOL AVE N 0 150 300 450 60075 Feet Subject Property 1:2,400 Book 986, Page 769 Easement Easement Description: A permanent easement of 25 feet of equal and uniform width of the entire west side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire west side of the following estate: Property Description: Lot # 8 in Block 6 in Fergusons Addition to the City of Fayetteville, Less the part taken up by U.S. Highway #71 and part of Lot 9, of Block 6 of Fergusons Addition to the City of Fayetteville, more particularly described as follows: to-wit: Beginning at a point which is 25 feet ease of the Southwest Corner of said Lot nine (9) running then East 119 feet or to the Southeast corner of said Lot: thence North 40 feet then West 119 feet: thence South 40 feet to the point of beginning, all said lands the same as shown and designated upon the record plat of said addition on file in the office of the Circuit Clerk of Washington County. Book 1100, Page 665 Easement Ten (10) feet of equal and uniform width off of the entire west side of the following described real estate: Lot 10 and 10 feet of equal and uniform width off of the North side of Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6 of revised plat of Block 5 and 6 in Ferguson’s Addition to City of Fayetteville, as shown in the record book at page 142 thereof, save and except any part thereof taken up with U.S. Highway 71 from and since the 4th day of April, 1930. Also part of Lot 11 in Block 6 in Ferguson’s Additon to the City of Fayetteville, Arkansas, as the same is known and designated upon the recorded plat of said Addition and more particularly described as follows: Beginning at a pint which is 25 feet East of the Northwest Corner of said Lot running then East 119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet; thence North 40 feet to the point of Beginning, as per plat of said Addition on file in the office of the Circuit Clerk of Washinton County, Arkansas. EXHIBIT B Ordinance 3332 Bk 1262, Page 472 Easement Beginning at the Northeast corner of Lot 18 in Ferguson’s Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25’ south of the Northeast corner of Lot 15 in said Addition; thence East 12’; thence North to a point 12’ East of the point of beginning; thence W 12’ to the point of beginning. Ordinance 3847 Bk 94, Page 72518 The remainder of the platted Alley in Block 6 of Ferguson’s Addition in the City of Fayetteville, Arkansas as designated on the revised plat of Blocks 5 and 6 in said addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas. *NOTE: Ordinance No. 3332, passed and approved February 16, 1988 vacated and abandoned the following: Beginning at the Northeast corner of Lot 18 in Ferguson’s Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex-Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25’ south of the Northeast corner of Lot 15 in said Addition; thence East 12’; thence North to a point 12’ East of the point of beginning; thence W 12’ to the point of beginning. EXHIBIT B January 13, 2026 City of Fayetteville 113 West Mountain Street Fayetteville, AR 727014 In the matter of the property located at 902 and 1020 S. School, Fayetteville. This property is being developed by LSD -2025-0016. The owner is asking to vacate existing utility easements that are not being used by the large scale development, and will be dedicating new easements with the Property Line Adjustment PLA 2025-0046. If you have any questions or need additional information, please contact Mr. Young at 479-444-7880. Thank you, Allen Jay You WRITTEN REQUEST TO ACCOMPANY THE 20' WIDE UTILITY EASEMENT, A 25' WIDE UTILITY EASEMENT, AND TWO VARIED UTILITY EASEMENT VACATION LOCATED IN PART OF BLOCK 5 AND 6 OF FERGUSON ADDITON, CITY OF FAYETTEVILLE, ARKANSAS. Landowner: Pinwheel Properties LLC and Stevens Properties Fayetteville LLC To: The Fayetteville City Planning Commission and The Fayetteville City Council On behalf of the landowners, I am petitioning the Fayetteville City Planning Commission and the Fayetteville City Council to vacate and abandon several utility easements and a 20' wide sewer easement in the area described below: Easement - Book 986, Page 769 Easement Description: A permanent easement of 25 feet of equal and uniform width of the entire west side of the following described real estate and a temporary construction easement of 40 feet of equal and uniform width off the entire west side of the following estate: Property Description: Lot # 8 in Block 6 in Fergusons Addition to the City of Fayetteville, Less the part taken up by U.S. Highway #71 and part of Lot 9, of Block 6 of Fergusons Addition to the City of Fayetteville, more particularly described as follows: to -wit: Beginning at a point which is 25 feet ease of the Southwest Corner of said Lot nine (9) running then East 119 feet or to the Southeast corner of said Lot: thence North 40 feet then West 119 feet: thence South 40 feet to the point of beginning, all said lands the same as shown and designated upon the record plat of said addition on file in the office of the Circuit Clerk of Washington County. Easement - Book 1100, Page 665 Ten (10) feet of equal and uniform width off of the entire west side of the following described real estate: Lot 10 and 10 feet of equal and uniform width off of the North side of Lot 9 and 10 feet of equal and uniform width off of the south side of Lot 11 all in Block 6 of revised plat of Block 5 and 6 in Ferguson's Addition to City of Fayetteville, as shown in the record book at page 142 thereof, save and except any part thereof taken up with U.S. Highway 71 from and since the 4111 day of April, 1930. Also part of Lot 11 in Block 6 in Ferguson's Additon to the City of Fayetteville, Arkansas, as the same is known and designated upon the recorded plat of said Addition and more particularly described as follows: Beginning at a pint which is 25 feet East of the Northwest Corner of said Lot running then East 119 feet to or to the East line of said Lot 11 thence South 40 feet; thence West 119 feet; thence North 40 feet to the point of Beginning, as per plat of said Addition on file in the office of the Circuit Clerk of Washinton County, Arkansas. Easement - Ordinance 3332 Bk 1262, Page 472 Beginning at the Northeast corner of Lot 18 in Ferguson's Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex -Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25' south of the Northeast corner of Lot 15 in said Addition; thence East 12'; thence North to a point 12' East of the point of beginning; thence W 12' to the point of beginning. Ordinance 3847 Bk 94, Page 72518 The remainder of the platted Alley in Block 6 of Ferguson's Addition in the City of Fayetteville, Arkansas as designated on the revised plat of Blocks 5 and 6 in said addition, recorded in the office of the Circuit Court and Ex -Officio Recorder of Washington County, Arkansas. *NOTE: Ordinance No. 3332, passed and approved February 16, 1988 vacated and abandoned the following: Beginning at the Northeast corner of Lot 18 in Ferguson's Addition to the City of Fayetteville, Arkansas as designated on the revised plat of Block 5 and 6 in said Addition, recorded in the office of the Circuit Court and Ex -Officio Recorder of Washington County, Arkansas, thence along the East property lines of said Lot 18 and Lots 17,16 and 15 to a point 25' south of the Northeast corner of Lot 15 in said Addition; thence East 12'; thence North to a point 12' East of the point of beginning; thence W 12' to the point of beginning. By granting this vacation request, the current owners would benefit, and no other landowner would be adversely affected. The existing utility easement was dedicated through multiple documents and do not follow the installed utilities. This has created a series of easements that are non-unform and unused in many areas. A new, uniform easement will be dedicated with the proposed large scale development (LSD -2025-0016) that will encompass the built utilities. Also, a new sewer main and manholes will be constructed to re-route the sewer and a new sewer easement is being dedicated to replace the portion sought to be vacated. The public interest and welfare would not be adversely affected by granting this vacation request. A ay You , Uev e C ts, Inc. XXXXX X X X X X X X X X X X X X X X X G X X X X X X X X UGE UGE UGE UGE UGE UGE UGE X XXX UTILITY EASEMENT (BK 1100, PG 665) PUBLIC UTILITY LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 S 1 2 LOT 18 LOT 17 LOT 16 LOT 15 LOT 14 LOT 13 LOT 12 LOT 11 LOT 10 LOT 9 LOT 8 N 1 2 LOT 18 20.0' SEWER EASEMENT LOT 9 LOT 10 LOT 11 LOT 12 LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 LOT 2 LOT 1 BLO C K 6 BLO C K 5 N 87°33'39" W 10.00' N 02°26'21" E 9.88' (R E G I O N A L L I N K - H I G H A C T I V I T Y - 96 ' R . O . W . P E R M A S T E R S T R E E T P L A N ) (RESIDENTIAL LINK PER M.S.P.) (R E S I D E N T I A L L I N K PE R M . S . P . ) S 87°33'39" E 8.48' PART OF BLOCK 5 & PART OF 6 OF BLOCK 6 FERGUSON ADDITION STEVENS PROPERTIES FAYETTEVILLE LLC WARRANTY DEED BK 2018, PAGE 33132 PARCEL ID: 765-05426-000, 765-05430-000, 765-05428-000, 765-05436-000, 765-05435-000, 765-05434-000, 765-05433-000, 765-05432-000, & 765-054431-000 ZONING:DG 3.43 ACRES L11 S 87°04'04" E 187.07' S 0 2 ° 3 0 ' 1 1 " W 37 . 3 4 ' L1 L2 S 52 ° 1 0 ' 0 7 " W 55.4 2 ' L3 S 2 5 ° 2 1 ' 5 6 " W 69 . 6 7 ' L4 S 0 1 ° 1 4 ' 3 4 " W 63 . 4 7 ' S 0 1 ° 4 1 ' 1 2 " E 57 . 5 2 ' S 0 8 ° 3 4 ' 3 1 " W 40 . 5 3 ' S 1 2 ° 3 1 ' 1 9 " E 80 . 6 6 ' S 1 5 ° 4 4 ' 5 8 " W 52 . 9 9 ' S 2 1 ° 0 4 ' 4 4 " W 68 . 2 3 ' L5 N 87°04'04" W 288.51' L6 L7 L8 C1 L9 N 0 2 ° 2 6 ' 2 1 " E 2 0 7 . 1 8 ' S 61° 4 9 ' 5 2 " E 1 4 4 . 9 9 ' L10 L12 L13 L14 N 0 2 ° 3 0 ' 1 1 " E 2 7 7 . 4 9 ' C2 PART OF BLOCK 6 FERGUSON ADDITION PINWHEEL PROPERTIES LLC WARRANTY DEED BK 2011, PAGE 2605 PARCEL ID: 765-05438-000 ZONING: DG 1.73 ACRES N 0 2 ° 2 6 ' 2 1 " E 1 6 3 . 8 5 ' S 87°04'04" E 320.00' OR D I N A N C E N O . 5 5 8 5 FI L E # 2 0 1 3 - 0 0 0 1 9 7 4 0 OR D I N A N C E N O . 6 1 9 3 FI L E # 2 0 1 9 - 0 0 0 1 8 2 4 6 LO C U S A V E N U E (U N D E V E L O P E D ) 6 0 ' R / W ORDINANCE NO. 3847 (BK 94, PG 72518) 12' ALLEY VACATION 20' UTILITY EASEMENT 10' UTILITY EASEMENT (BK 1002, PG 840) 10'x55' EASEMENT (BK 987, PG 19) 25' EASEMENT (BK 986, PG 760) PUBLIC UTILITY MULTI-USE TRAIL ESMT. (INST #2013-015914) C/ L C/L C/L ORDINANCE NO. 3332 12' ALLY VACATION 20' UTILITY EASEMENT 10' UTILITY EASEMENT (BK 1002, PG 840) (PLATTED BUT NOT IMPROVED) 30' R.O.W. DEVELOPMENT CONSULTANTS INCORPORATED EASEMENT VACATIONE-1 PART OF BLOCKS 5 & 6 OF FERGUSON ADDITION FAYETTEVILLE, ARKANSAS PROJECT TITLE:PROJECT NO: SHEET NO: SHEET TITLE: 2025 11-16-2025 1" = 1000' DATE: SCALE: COPYRIGHT:REVISIONS 25-143 I N C O R P O R A T E D C O N S U L T A N T S D E V E L O P M E N T EASEMENT VACATION Reviewed By Citlali Samano Planning Department csamano@fayetteville-ar.gov 479-575-8263 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-100 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. in WARD 4. The property is zoned R-A, RESIDENTIAL- AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in west Fayetteville approximately 300 feet north of the intersection of N. Double Springs Rd. and W. Wedington Dr. The 1.18-acre subject area contains one parcel which was constructed with a 2,016 square-foot two-family dwelling constructed in 1981 along with multiple outbuildings. The property is not located within any zoning overlays or master plan areas and does not contain any floodplain, streamside protection, or hydric soils. Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: Staff finds that the requested rezoning appears generally compatible with the surrounding area and existing land uses. While the immediately surrounding property is primarily characterized by low-density residential and R-A zoning, there is a cluster of commercial uses at the intersection of Double Springs Rd. and W. Wedington Dr. Additional development appears to be on the rise in the area, including several residential developments either recently completed or in the development pipeline adjacent to N. 54th and N. 59th Ave. and a request to rezone multiple acres along Michael Cole to permit additional townhome development in this area. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff finds that a rezoning to a higher density is merited at the site. RI-12 allows up to three- and four-family dwellings by-right. Given extensive development of two-family dwellings in the vicinity, staff finds that three- and four-family dwellings are likely compatible in this location. Additionally, RI-12 allows for an incremental infusion of other types of missing middle housing including three- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov and four- family dwellings and cluster housing developments, as well as the potential for incremental commercial uses with a conditional use permit. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s future land use designation as a Residential Neighborhood area, which are intended to serve a variety of housing types. Further, City Plan 2040 designates the intersection of N. Double Springs Rd. and W. Wedington Dr. as a Tier 3 growth center, which “are intended to serve the immediately surrounding residential areas and… cater to the specific needs of a small market.” While staff finds that a rezoning to a mixed-use district such as NS-G could both better address the intent of city goals and plans and serve the needs of future residents given the minimal number of nonresidential services in the area, increasing residential density alone within this area will also serve these long-term goals since housing is necessary to provide a sufficient customer base to sustain nonresidential services. Further, while the property is less than 200 feet to the city’s northern boundary, it is approximately 2 miles from the city’s western edge. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a ranged score of 4-5 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 7, 835 N. Rupple Rd) 2. Near Sewer Main (8” within the property) 3. Near Water Main (6”, N. Double Springs Rd.) 4. Near City Park (Harmony Pointe Park) 5. Near Paved Trail (Wedington Side Path) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 6-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner McGetrick was opposed, citing concerns with the jump in density from the surrounding properties and the lack of services in the area. Commissioners in favor noted the property’s proximity to a tier center and the role of the growth plan to guide development. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-100 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-66 FOR APPROXIMATELY 1.18 ACRES LOCATED AT 1171 AND 1173 NORTH DOUBLE SPRINGS ROAD IN WARD 4 FROM R-A, RESIDENTIAL-AGRICULTURAL TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 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 R-A, Residential-Agricultural to RI-12, Residential Intermediate, 12 Units per Acre. 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. 1/13/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-100 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. in WARD 4. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Proposed RI-12 DOUBLE SPRINGS RD JEANFAY LN DO U B L E S P R I N G S R D WEDINGTON DR RMF-24 C-2 C-1 RSF-4 R-ARSF-1 Regional Link Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A RI-12 0.0 1.2 Total 1.2 ac1:2,400 Current 1.2 0.0 RZN-2025-0066 Exhibit A PARCEL #765-03389-000: LOT 14, BURLINGTON HEIGHTS SUBDIVISION, A SUBDIVISION LOCATED IN WASHINGTON COUNTY, CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX- OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. GIS Approved 12/12/2025 RZN-2025-0066 Exhibit B –TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0066: Rezoning (1171 & 1173 N. DOUBLE SPRINGS RD/ WELLS, 441): Submitted by BATES AND ASSOCIATES for property located at 1171 & 1173 N. DOUBLE SPRINGS DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL and contains approximately 1.18 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2025-0066 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0066 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in west Fayetteville approximately 300 feet north of the intersection of N. Double Springs Rd. and W. Wedington Dr. The 1.18-acre subject area contains one parcel which was constructed with a 2,016 square-foot two-family dwelling constructed in 1981 along with multiple outbuildings. The property is not located within any zoning overlays or master plan areas and does not contain any floodplain, streamside protection, or hydric soils. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Two-Family Residential R-A, Residential Agricultural South Undeveloped R-A, Residential Agricultural East Single-Family Residential R-A, Residential Agricultural West Single- and Two-Family Residential R-A, Residential Agricultural Request: The request is to rezone the subject property from R-A, Residential Agricultural to RI- 12, Residential Intermediate, 12 Units per Acrea. Public Comment: Staff has not received any public comment at this time. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 1 of 15 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property’s frontage along N. Double Springs Rd., a partially improved Residential Link 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 available to the subject area. There is an existing 6-inch water main along N. Double Springs Rd. Sewer: Sanitary sewer is available to the subject area. There is an existing 8-inch sewer main connections along the back side of the subject property. There are no known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan adjacent to this property. Drainage: No portion of the property lies within the Hillside-Hilltop Overlay District or FEMA floodplain, and there are no protected streams or hydric soils within 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 7, located at 835 N. Rupple Rd., protects this site. The property is located approximately 2.2 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 did not comment on this request. Tree Preservation: The proposed zoning districts, RI-12, Residential Intermediate, 12 Units per Acre requires 20% minimum canopy preservation. The current zoning district, R-A, Residential-Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood and Natural Area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. 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. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional s etbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4-5 for this site with a weighted score of 4.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd) • Near Sewer Main (8” within the property) Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 2 of 15 • Near Water Main (6”, N. Double Springs Rd.) • Near City Park (Harmony Pointe Park) • Near Paved Trail (Wedington Side Path) 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: Staff finds that the requested rezoning appears generally compatible with the surrounding area and existing land uses. The surrounding property is primarily characterized by low-density residential and R-A, Residential Agricultural zoning with a cluster of commercial uses at the intersection of Double Springs Rd. and W. Wedington Dr. Additional development appears to be on the rise in the area, including several residential developments either recently completed or in the development pipeline adjacent to N. 54th and N. 59th Ave. and a request to rezone multiple acres along Michael Cole to permit additional townhome development in this area. Given the available infrastructure, including street frontage along W. Wedington Drive and available water and sewer, staff finds that a rezoning to a higher density is merited at the site. RI-12 allows up to three- and four-family dwellings by-right. Given extensive development of two-family dwellings in the vicinity, staff finds that three- and four-family dwellings are likely compatible in this location. Additionally, RI- 12 allows for an incremental infusion of other types of missing middle housing including three- and four- family dwellings and cluster housing developments, as well as the potential for incremental commercial uses with a conditional use permit. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the goals in City Plan 2040 and the property’s future land use designation as a Residential Neighborhood area, which are intended to serve a variety of housing types. Further, City Plan 2040 designates the intersection of N. Double Springs Rd. and W. Wedington Dr. as a Tier 3 growth center, which “are intended to serve the immediately surrounding residential areas and… cater to the specific needs of a small market.” While staff finds that a rezoning to a mixed-use district such as NS-G could both better address the intent of city goals and plans and serve the needs of future residents given the minimal number of nonresidential services in the area, staff finds that increasing residential density alone within this area will also serve these long-term goals since residential density is necessary to provide a sufficient customer base to sustain nonresidential services. Further, while the property is less than 200 feet to the city’s northern boundary, it is approximately 2 miles from the city’s western edge. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 3 of 15 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds there is justification to rezone the property from R-A to RI-12. A rezoning to RI-12 could permit units in a missing middle style when subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town experiencing increased development pressure. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from R-A to RI-12 has the potential to increase traffic to this location though there factors such as the small size of the property, tree preservation, drainage, and parking are likely to naturally limit development potential. While there are relatively limited nonresidential services in the area, staff finds that nonresidential commercial uses are permitted in close proximity. The property has access to existing public infrastructure. Staff finds the proposed rezoning is not likely to increase the load on public services to an undesirable degree and that an increase in residential density in the area could serve to encourage development of commercial uses. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 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: The property has access to water and sewer, and any increase in density would have to be balanced with any necessary upsizing of those facilities required to serve the development to 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 RZN-2025-0066 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.03 District R-A, Residential-Agricultural o §161.12 District RI-12, Residential Intermediate – Twelve (12) Units per Acre • Long-Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 5 of 15 WERNER PAYNE 6-1-0 (MCGETRICK OPPOSED) “I move to forward RZN-2025-0066 to City Council with a recommendation of approval.” X WEDINGTON DR DOUBLE SPRINGS RD DOUBLE SPRINGS RD C-2 RMF-6 R-O RI-12 R-A RSF-4 RSF-1 P-1 RSF-8 RI-U Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 6 of 15 Proposed RI-12 DOUBLE SPRINGS RD JEANFAY LN DO U B L E S P R I N G S R D WEDINGTON DR RMF-24 C-2 C-1 RSF-4 R-ARSF-1 Regional Link Neighborhood Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A RI-12 0.0 1.2 Total 1.2 ac1:2,400 Current 1.2 0.0 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 7 of 15 DOUBLE SPRINGS RD STARNES RD DO U B L E SP R I N G S R D WEDINGTON DR 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Neighborhood Link Unclassified Residential Link Planned Residential Link Planning Area Fayetteville City Limits Current Land Use RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Mixed Residential Mixed Residential Washington County 1:3,600 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 8 of 15 Natural Residential Neighborhood Rural Residential WEDINGTON DR DOUBLE SPRINGS RD DOUBLE SPRINGS RD Regional Link Neighborhood Link Unclassified Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0066 1171 & 1173 N. DOUBLE SPRINGS RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 9 of 15 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 10 of 15 (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5- 5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 11 of 15 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 (D) Bulk and Area Regulations. Single- family Two (2) family Three (3) and four (4) family Lot width minimum 50 feet 50 feet 90 feet Lot area minimum 5,000 square feet 7,260 square feet 10,890 square feet. (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 12 of 15 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 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; Ord. No. 6658, §2(Exh. A), 5-2-23) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 13 of 15 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0066 BACKGROUND: The applicant requests to rezone approximately 1.18 acres from R-A, Residential Agricultural, to RI-12, Residential Intermediate – Twelve Units per Acre. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a Residential Neighborhood area, which are “primarily residential in nature and support a wide variety of housing types of appropriate scale and context.” 1 The request aligns with this designation by increasing the variety of housing types permitted from just single - family to include two-, three-, and four-family dwellings. The RI-12 district would also allow the incorporation of some non-residential uses by conditional use like Limited Business (Use Unit 12a). The proposal aligns with Goals 1, 2, 3, and 6 of City Plan 2040 by creating additional flexibility for diverse housing choices in an area that is already supported by infrastructure. Property History: The subject property contains a single-family dwelling constructed ca. 1981, according to Washington County Tax Assessor records. The building is not of historic age. This area was annexed into the city in 1982 (Ord. No. 2857) and was assigned the current R-A zoning designation at that time. 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 14 of 15 November 20th, 2025 Planning Staff City of Fayetteville 113 West Mountain Fayetteville, AR 72701 RE: Double Springs Development Dear Planning Staff, Bates & Associates, Inc., on behalf of Nathan & Darien Wells, has applied for a rezoning in Fayetteville. The location of the proposed rezoning is NW of the intersection of W Wedington Drive and N Double Springs Road (Washington County Parcel 765-03389-000). The total acreage of the development is 1.18 acres. The current zoning district is currently R-A with the request to rezone to RI-12. The adjacent properties are currently zoned for a variety of districts, including R-A, RSF-1, RSF- 4, RMF-24, C-1, and C-2. The request to rezone the subject property from R-A to RI-12 remains consistent with the adopted Future Land Use Map designation of Residential Neighborhood. As shown in the zoning exhibit on the following page, the area already supports a diverse mix of residential and limited commercial zoning districts. The proposed rezoning will not adversely impact surrounding land uses, as the RI-12 district continues the established residential character and aligns with the intended development pattern for this area. By maintaining compatibility with neighboring residential zones and remaining within the broader vision for residential land use, the request represents an appropriate transition to this property. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey Bates President of Engineering Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission January 12, 2026 RZN-2025-0066 (WELLS) Page 15 of 15 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-101 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in south Fayetteville approximately 400 feet east of Walker Park at the intersection of S. Washington Ave. and E. 11th St. The subject area contains 0.40 acres composed of one parcel which is bisected by a 20-foot-wide unimproved alley right-of-way. The parcel has been constructed with an 826 square-foot single-family dwelling constructed in 1941. The property is partially encumbered by hydric soils and is located within the Walker Park Master Plan area. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: The subject property is primarily surrounded by single-family homes with relatively small lot sizes. Additionally, there are a high number of two-, three-, and four-family dwellings in the immediate vicinity and a 9-unit cluster housing court directly south of the subject area. The presence of existing alley right- of-way on the property, albeit unimproved, offers opportunities for alley-oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low-intensity residential types with no maximum density, including up to four-unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park and a smaller unnamed park within Willow Bend, the Fayetteville Senior Center, Razorback Greenway, transit stops, churches and other nonresidential Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov amenities. While NC and RI-U allow similar uses, RI-U permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 7 with a weighted score of 8, indicating it is a suitable location for infill development. The property fronts onto S. Washington, Ave., a marked shared roadway which connects into public trails and the Razorback Greenway, and which would enable residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. The Walker Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of the neighborhood.” A large swathe of primarily single- family zoned property is located roughly between E. 7th St. to E. 15th St. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station 1, 303 W. Center St.) 2. Near Sewer Main (8”, S. Washington Ave) 3. Near Water Main (6”, S. Washington Ave. | 8”, E. 11th St.) 4. Near City Park (Walker Park) 5. Near Paved Trail (Walker Park | Waxflower – Wood Connector) 6. Near ORT Bus Stop (College at Senior Center and Walker Park) 7. Within Master Plan Area (Walker Park Master Plan) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Madden had questions regarding the existing alley right-of- way adjacent to the property and what improvements could be required to those alleys. Staff clarified improvements would be dependent on the proposed development and its associated impact. There was no other discussion and no members of the public spoke at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-101 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-63 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1090 SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. 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. 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 2026-101 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 1/13/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Waxflower –Wood Connector Proposed RI-U Proposed RI-U WASHINGTON AVE CO L L E G E A V E 13TH ST 10TH ST BEEBALM AVE 11TH ST 13TH ST 9TH ST 12TH ST WAXFLOWER AVE 12TH PL 13TH PL P-1 DG NC RSF-18 NS-L RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed NC RI-U 0.0 0.4 Total 0.4 ac1:2,400 Current 0.4 0.0 RZN-2025-0063 EXHIBIT A RZN-2025-0063 EXHIBIT B South half (½) of Lots Twenty-six (26) and Thirty One (31), and all of Lots Twenty-seven (27), Twenty-eight (28), Twenty-nine (29) and Thirty (30), in Block Numbered Three (3) in Glenwood Park Addition to the City of Fayetteville, as designated upon the recorded plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. (Commonly known as 1090 South Washington Ave., Fayetteville, Arkansas) TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0063: Rezoning (1090 S. WASHINGTON AVE/HORNBACK REVOCABLE TRUST, 563): Submitted by WESLEY BATES for property located at 1090 S. WASHINGTON AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0063 to City Council with a recommendation of approval.” RECOMMENDED MOTION: “I move to forward RZN-2025-0063 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in south Fayetteville approximately 400 feet east of Walker Park at the intersection of S. Washington Ave. and E. 11th St. The subject area contains 0.40 acres composed of one parcel which is bisected by a 20-foot-wide unimproved alley right-of-way. The parcel has been constructed with an 826 square-foot single-family dwelling constructed in 1941. The property is partially encumbered by hydric soils and is located within the Walker Park Master Plan area. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential and Undeveloped NC, Neighborhood Conservation South Single-Family Residential and Undeveloped RI-U, Residential Intermediate-Urban East Single-Family Residential RSF-18, Residential Single-Family, 18 Units per Acre West Single-Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Public Comment: Staff has not received any public comment at this time. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 1 of 16 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along S. Washington Ave. and E. 11 th St., both partially improved residential links with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available to the subject area. There is an existing 8-inch water main along E. 11th St. and an existing 6-inch water main along S. Washington Ave. Sewer: Sanitary sewer is available to the subject area. There is an existing 8-inch sewer main along S. Washington Ave. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 675 feet south of this property. Drainage: No portion of the property lies with the Hillside-Hilltop Overlay District or FEMA floodplain, and no protected streams are present in the subject area. Hydric soils are present on the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. 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 1, located at 303 W. Center St., protects this site. The property is located approximately 1.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate-Urban requires 15% minimum canopy preservation. The current zoning district, NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 2 of 16 Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. 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. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (8”, S. Washington Ave) • Near Water Main (6”, S. Washington Ave. | 8”, E. 11th St.) • Near City Park (Walker Park) • Near Paved Trail (Walker Park | Waxflower – Wood Connector) • Near ORT Bus Stop (College at Senior Center and Walker Park) • Within Master Plan Area (Walker Park Master Plan) 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: The subject property is primarily surrounded by single-family homes with relatively small lot sizes. Additionally, there are a high number of two-, three-, and four-family dwellings in the immediate vicinity and a 9-unit cluster housing court directly south of the subject area. The presence of existing alley right-of-way on the property, albeit unimproved, offers opportunities for alley-oriented development in line with recent ordinance changes, and existing alley-loaded development is present in the vicinity. RI-U permits a mix of low-intensity residential types with no maximum density, including up to four-unit buildings, but maintains a minimum lot width of 18 feet. That said, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. A rezoning to RI-U could support a broader range of housing types in an area experiencing increased demand for housing within close proximity to services such as Walker Park and a smaller unnamed park within Willow Bend, the Fayetteville Senior Center, Razorback Greenway, transit stops, churches and other nonresidential amenities. While NC and RI-U allow similar uses, RI-U permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property’s Future Land Use Map designation as Residential Neighborhood Area. The RI-U zoning district would allow a greater variety of land uses in an urban setting, which staff finds to be compatible with the surrounding area. The property has a relatively high infill score of 7 with a Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 3 of 16 weighted score of 8, indicating it is a suitable location for infill development. The property fronts onto S. Washington, Ave., a marked shared roadway which connects into public trails and the Razorback Greenway, and which would enable residents to utilize alternative means of transportation. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes. The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. The Walker Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of the neighborhood.” A large swathe of primarily single-family zoned property is located roughly between E. 7th St. to E. 15th St. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds there is justification to rezone the property from NC to RI-U. A rezoning to RI-U would permit the development of more units which could be subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town with a relatively high concentration of services, amenities, and employment opportunities. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U is not likely to create or appreciable increase traffic danger and congestion since the subject property is relatively small. RI-U would also permit alley-oriented development in line with recent code changes. Any street improvements required in this area would be determined at the time of development proposal. 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 NC to RI-U has the potential to alter the population density when considering that RI-U has no set density limitation. However, given the presence of existing public infrastructure, the presence of nearby trails and other bike infrastructure, and proximity to nonresidential services such as the Senior Center, churches, transit stops, and parks, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. While there are known wet weather sewer capacity issues identified in the City’s 2021 Sewer Master Plan that appear in the system approximately 675 linear feet downstream of this property, the small size of the property is also likely to naturally limit the development capacity of the parcel. Any street improvements required in this area would Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 4 of 16 be determined at the time of development proposal. Fayetteville Public Schools did not comment on this 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 RZN-2024-0063 be forwarded to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.29 District NC, Neighborhood Conservation o §161.12 District RI-U, Residential Intermediate – Urban • Long-Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 5 of 16 WERNER CASTIN 7-0-0 “I move to forward RZN-2025-0063 to City Council with a recommendation of approval.” X HUNTSVILLE RD HUNTSVILLERD SCHOOL AVE MARTIN LUTHER KING JR BLVD 15TH ST NELSON HACKETTBLVD MI L L AV E 19TH ST MO R N I N G S I D E D R RMF-24 RSF-4 I-1 RPZD RSF-8 P-1 MSC DG CS NC R-AUC Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 6 of 16 Waxflower –Wood Connector Proposed RI-U Proposed RI-U WASHINGTON AVE CO L L E G E A V E 13TH ST 10TH ST BEEBALM AVE 11TH ST 13TH ST 9TH ST 12TH ST WAXFLOWER AVE 12TH PL 13TH PL P-1 DG NC RSF-18 NS-L RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0063 1090 S. WASHINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed NC RI-U 0.0 0.4 Total 0.4 ac1:2,400 Current 0.4 0.0 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 7 of 16 13TH ST CO L L E G E A V E WASHINGTON AVE MCCLINTON ST WO O D A V E 2025 Imagery | EagleView Technologies | Surdex Corporation Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0063 1090 S. WASHINGTON AVE N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Multi-Family Residential City of Fayetteville Walker Park Single-Family Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 8 of 16 City Neighborhood Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential HUNTSVILLE RD HUNTSVILLERD SCHOOL AVE MARTIN LUTHER KING JR BLVD 15TH ST NELSON HACKETTBLVD MI L L AV E MORNINGSIDE DR Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood 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-2025-0063 1090 S. WASHINGTON AVE N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 9 of 16 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development 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 12a Limited business Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 10 of 16 (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 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; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.29 Neighborhood Conservation Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 11 of 16 (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (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 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 12 of 16 Building Height Maximum 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 13 of 16 TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0063 BACKGROUND: The applicant requests to rezone approximately 0.40 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. Two long range planning documents are relevant when evaluating this request: City Plan 2040 and the Walker Park Neighborhood Plan. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. Walker Park Neighborhood Plan (2008): Adopted in February 2008, the Walker Park Neighborhood Plan outlined four guiding principles, of which one is relevant to this request: 1. Balance of Uses and Housing DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a Residential Neighborhood area, which are “primarily residential in nature and support a wide variety of housing types of appropriate scale and context.” 1 The request aligns with this designation by increasing the variety of housing types permitted from just single - family to include two-, three-, and four-family housing. The RI-U district would also allow the incorporation of some non-residential uses by conditional use like Limited Business (Use Unit 12a). 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 14 of 16 Walker Park Neighborhood Plan: The subject property is included in the Walker Park Neighborhood Plan. The request for RI-U is appropriate given the Neighborhood Plan’s vision for housing variety. The Walker Park Neighborhood Plan acknowledges the “predominately single-family nature of the interior of the neighborhood.”2 A large swathe of primarily single-family zoned property is located roughly between E. 7th St. to E. 15th St. RI-U offers increased housing flexibility, which aligns with both the goals of the Walker Park Plan and City Plan 2040, without inserting any potential by-right commercial uses that were not envisioned for the neighborhood and may not be compatible at this time. Property History: The subject properties contains a single-family dwelling constructed ca. 1941, according to Washington County Tax Assessor records. The property is of historic age, but does not retain it’s integrity of design or materials and is not eligible for the state or National Register of Historic Places. The property is not within a local historic district. 2 Walker Park Neighborhood Plan, 18. Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 15 of 16 To: Fayetteville Planning Commission From: Wes Bates Re: Rezoning Request – 1090 S Washington Ave (NC → RI-U) Date: 11-11-2025 Dear Commissioners, I am requesting a rezoning for the property located at 1090 S Washington Ave from Neighborhood Conservation (NC) to Residential Intermediate-Urban (RI-U). The property is currently zoned for single-family use, but the lot size and existing structure make it well-suited for the type of gentle residential infill envisioned by the City Plan. The goal of this rezoning is to add additional housing options to the neighborhood by allowing flexibility for small-scale residential development while maintaining the existing neighborhood character. Statement of Compatibility The proposed RI-U zoning is compatible with the surrounding context and consistent with the city’s goals for infill development and attainable housing. There is already RI-U zoning directly across the street, and this rezoning would create a logical continuation of that existing pattern. The RI-U district allows for a modest increase in residential density while maintaining the form and scale of traditional neighborhood development. It does not permit commercial uses, ensuring that the area remains residential in nature. This rezoning supports the City Plan’s emphasis on infill housing, walkability, and the efficient use of existing infrastructure. Allowing an additional residential unit or tandem lot configuration at 1090 S Washington provides attainable housing options that align with the long-term goals for this neighborhood. Thank you for your consideration, Wes Bates Reviewed by: Donna Wonsower, AICP Senior Planner Development Services APPROVED Planning Commission January 12, 2026 RZN-2025-0063 (HORNBACK REVOCABLE TRUST) Page 16 of 16 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-102 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Citlali Samano, Planner SUBJECT: RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N. GARLAND AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property, located at 1807 N. Garland Avenue, is situated approximately 80 feet west of the intersection of W. Bel Air Drive and N. Garland Avenue. The parcel encompasses approximately 0.4 acres and was originally developed in 1948. The property was most recently purchased on December 5, 2025. The area surrounding the property is primarily RSF-4, Residential Single-Family, 4 Units per Acre with the property adjacent to the south recently rezoned to RI-U, Residential Intermediate – Urban on March 10, 2025 (RZN-2025-0005). Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, Four (4) Units per Acre to RI-U, Residential Intermediate - Urban. Public Comment: Staff received one public comment in opposition, citing the existing zoning's allowance of ADUs to support density goals, and that a rezone to RI-U would allow higher density. Additional concerns related to current drainage issues and overall neighborhood character were also shared. Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area and current land uses. The current RSF-4 zoning permits single-family residential development, while the proposed RI-U zoning allows for a broader range of mixed-residential uses, including single-family and two-family to four-family dwellings, accessory dwelling units, cluster housing, and short-term rentals. The RI-U district is intended to follow an urban form development pattern, emphasizing building placement, scale, and orientation that are compatible with walkable, neighborhood-oriented environments. Given the property’s proximity to existing single-family development to the north, east, and west, and mixed-residential housing types to the south, staff finds that rezoning to RI-U would provide an appropriate and compatible transition between surrounding land uses. While both districts allow up to three stories, RI-U permits this height only when buildings or portions of buildings are set back more than 10 ft from the Master Street Plan right-of-way, ensuring compatibility with the surrounding neighborhood. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals and policies of City Plan 2040 and the property’s designation as a Residential Neighborhood area on the Future Land Use Map. Rezoning the property from RSF-4 to RI-U supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing types and densities in walkable areas with access to transit and active transportation networks. Staff finds the subject site to be in an increasingly walkable area, particularly with access to the midtown trail alongside available transit service. The site’s location and surrounding development pattern support continued residential use with a mix of housing types, and the proposed rezoning advances the City’s long-range land use and housing objectives. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8) • Near Sewer Main (N Garland Ave and subject property) • Near Water Main (N Garland Ave and subject property) • Near City Park (Scull Creek Trail, Agri Park, and Lewis Soccer Complex) • Near Paved Trail (Garland Ave and Midtown Trail) • Near Razorback Bus Stop (Garland & Sycamore) DISCUSSION: At the January 12, 2026, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioners in favor did not offer any comments. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. PC Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-102 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-65 FOR APPROXIMATELY 0.40 ACRES LOCATED AT 1807 NORTH GARLAND AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN 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 RI-U, Residential Intermediate-Urban. 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. 1/15/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-102 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N. GARLAND AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT SERVICES (620) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Proposed RI-U BEL AIR DR OA K L A N D A V E MELMAR DR DAVIS ST KELLEY ST SH A N N O N D R GI F F O R D A V E LY N N S P L NOELLE AVE JANICE AVE DEANE ST GARLAND AVE GARLAND AVE RMF-24 RSF-4 R-A RI-U Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0065 1807 N. GARLAND AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Lot 5, Rudolph Subdivision, to the City of Fayetteville, Arkansas, as shown on plat of record in Plat Book 5 at Page 66, plat of records of Washington County, Arkansas. LESS AND EXCEPT: Part of Lot 5 of Rudolph Subdivision to the City of Fayetteville, Washington County, Arkansas, more particularly described as follows: Commencing at a point being used as the Southwest Corner of Lot 7 of Rudolph Subdivision to the City of Fayetteville; thence South 87° 10' 55" East along the South line of said Lot 7 a distance of 211.72 feet to a point on the Westerly right of way line of State Highway 112 as established by AHTD Job 040489; thence South 02° 43' 00" West along said right of way line a distance of 89.97 feet to a point on the North line of Lot 5 of Rudolph Subdivision to the City of Fayetteville to the POINT OF BEGINNING; thence continue South 02° 43' 10" West along said right of way line a distance of 100.04 feet to a point on the South line of Lot 5 of Rudolph Subdivision to the City of Fayetteville; thence North 87° 09' 08" West along said South line a distance of 24.77 feet to a point on the Westerly right of way line of State Highway 112 as established by AHTD Job 040489; thence North 20° 49' 49" East along said right of way line a distance of 9.71 feet to a point; thence North 02° 46' 51" East along said right of way line a distance of 60.03 feet to a point; thence North 04° 39' 26" East along said right of way line a distance of 30.41 feet to a point on the North line of Lot 5 of Rudolph Subdivision to the City of Fayetteville; thence South 87° 11' 24" East along said North line a distance of 23.06 feet to the point of beginning and containing 0.06 acres or 2,402 square feet more or less as shown on AHTD plans referenced as Job 040489. Subject to easements, rights-of-way, and protective covenants of record, if any. Subject to prior mineral reservations and oil and gas leases. TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Citlali Samano, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0065: Rezoning (1807 N GARLAND AVE, 365): Submitted by WESLEY BATES for property located at 1807 N. GARLAND AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, ONE UNIT PER ACRE, and contains approximately 0.40 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0065 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0065 to City Council with a recommendation of approval.” BACKGROUND: The subject property, located at 1807 N. Garland Avenue, is situated approximately 80 ft west of the intersection of W. Bel Air Drive and N. Garland Avenue. The parcel encompasses approximately 0.4 acres and was originally developed in 1948. The property was most recently purchased on December 5, 2025. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre South Residential Mixed-Family RI-U, Residential Intermediate - Urban East N Garland Avenue, Residential Single-Family across Regional Link RSF-4, Residential Single-Family, 4 Units per Acre West Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per Acre, to RI-U, Residential Intermediate - Urban. The applicant has indicated that they are requesting the rezoning to allow for gentle residential infill through flexibility for small-scale residential development, such as cluster housing, while maintaining the residential character of the area. Public Comment: Staff has received a comment opposing the subject rezoning. The comment stems from a previous rezoning of 1791 N. Garland Avenue, which was approved on March 10, 2025 (RZN-2025-0005). The opposition is based on concerns regarding building height and density; however, no specific development plans have been submitted to the Planning Department. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along North Garland Avenue. North Garland Avenue is a Fully improved Regional-High Activity Link Street with asphalt paving, sidewalk and Curb and Gutter. Any street improvements required in these areas would be determined at the time of the development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present along North Garland Avenue. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present along North Garland Avenue. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 350 ft northwest of this property. Drainage: The property is not located within a FEMA floodplain, protected stream, or the Hillside–Hilltop Overlay District; however, hydric soils are present on site. Hydric soils can indicate potential wetlands, though additional characteristics such as hydrophytic vegetation and seasonal standing water are required for formal wetland classification. Because hydric soils are present, further environmental review will be required at the time of development. Prior to permit issuance, a report from a qualified environmental professional must be submitted addressing the presence of wetlands. If wetlands are identified, a U.S. Army Corps of Engineers (USACE) jurisdictional determination will be required. Any drainage improvements will be evaluated during development review. 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 8, located at 2266 W Deane St., 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. The 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 did not comment on this request. Tree Preservation: The existing zoning district, RSF-4, Residential Single-Family, 4 Units per Acre, requires a 25% minimum canopy preservation whereas the proposed zoning district, RI-U, Residential Intermediate - Urban, requires a 15% minimum canopy preservation. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 2 of 15 CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a Residential Neighborhood Area. 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 6 for this site with a weighted score of 11.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8) • Near Sewer Main (N Garland Ave and subject property) • Near Water Main (N Garland Ave and subject property) • Near City Park (Scull Creek Trail, Agri Park, and Lewis Soccer Complex) • Near Paved Trail (Garland Ave and Midtown Trail) • Near Razorback Bus Stop (Garland & Sycamore) 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: Staff finds the requested rezoning to be compatible with the surrounding area and current land uses. The current RSF-4 zoning permits single-family residential development, while the proposed RI-U zoning allows for a broader range of mixed-residential uses, including single-family and two-family to four-family dwellings, accessory dwelling units, cluster housing, and short-term rentals. The RI-U district is intended to follow an Urban Form development pattern, emphasizing building placement, scale, and orientation that are compatible with walkable, neighborhood-oriented environments. Given the property’s proximity to existing single-family development to the north, east, and west, and mixed- residential uses to the south, staff finds that rezoning to RI-U would provide an appropriate and compatible transition between surrounding land uses. Additionally, the lot width, lot area, and building height standards of the RI - U district are comparable to those of RSF-4. While both districts allow up to three stories, RI-U permits this height only when buildings or portions of buildings are set back more than 10 ft from the Master Street Plan right-of- way, ensuring compatibility with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the goals and policies of City Plan 2040 and the property’s designation as a Residential Neighborhood area on the Future Land Use Map. Rezoning Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 3 of 15 the property from RSF-4 to RI-U supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing types and densities in walkable areas with access to transit and active transportation networks. The subject site is in a highly walkable area with available transit service. The site’s location and surrounding development pattern support continued residential use with a mix of housing types, and the proposed rezoning advances the City’s long-range land use and housing objectives. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds sufficient justification for rezoning the property from RSF-4 to RI- U at this time. The request would allow for mixed-residential development that is consistent with the area’s Residential Neighborhood future land use designation and reflective of the surrounding development pattern. The proposed zoning provides greater flexibility while maintaining compatibility with adjacent properties. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to RI-U has the potential to increase traffic to this location, though not necessarily in a way that is considerably different than how the site has been used for decades. Staff does not find that this request will appreciably increase traffic or congestion. 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: The RI-U zoning district does have by-right residential uses and is therefore unlikely to increase the population density in this area. The overall property has access to existing water and sanitary sewer as well as fully-improved streets. Any development on this site will be responsible for increasing sewer capacity as needed. 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 forwarding RZN-2025-0065 to City Council with a recommendation of approval. ________________________________________________________________________ Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.32 District RI-U, Residential Intermediate - Urban • Longe-Range Planning o LRP Memo • Applicant Exhibits o Request Letter Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 5 of 15 Werner Castin 7-0 GARLAND AVE DEANE ST GREGGAVE SYCAMORE ST WISE ST LEVERETT AVE GA R L A N D A V E GARLANDAVE WEDINGTONDR GARLAND AVE RSF-4 C-1 I-1 RMF-40P-1 RMF-24 C-2 R-O R-A CS RSF-18 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area One Mile View RZN-2025-0065 1807 N. GARLAND AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 6 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 6 of 15 Proposed RI-U BEL AIR DR OA K L A N D A V E MELMAR DR DAVIS ST KELLEY ST SH A N N O N D R GI F F O R D A V E LY N N S P L NOELLE AVE JANICE AVE DEANE ST GARLAND AVE GARLAND AVE RMF-24 RSF-4 R-A RI-U Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0065 1807 N. GARLAND AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RI-U RSF-4 0.4 0.0 Total 0.4 ac1:2,400 Current 0.0 0.4 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 7 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 7 of 15 MELMAR DR OAKLANDAVE BEL AIR DR GARLAND AVE DEANE ST GARLAND AVE SYCAMORE ST GARLAND AVE 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0065 1807 N. GARLAND AVE N 0 225 450 675 900112.5 Feet Subject Property Single-Family Residential Single-Family Residential Institutional University of AR. Institutional University of AR. 1:3,600 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 8 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 8 of 15 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood GARLAND AVE DEANE ST GREGGAVE SYCAMORE ST GA R L A N D A V E GARLANDAVE WEDINGTONDR GARLAND AVE Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley 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-2025-0065 1807 N. GARLAND AVE N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 9 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 9 of 15 161.07 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. (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 ft 80 ft Lot area minimum 8,000 square ft 12,000 square ft Land area per dwelling unit 8,000 square ft 6,000 square ft Hillside Overlay District Lot minimum width 60 ft 70 ft Hillside Overlay District Lot area minimum 8,000 square ft 12,000 square ft Land area per dwelling unit 8,000 square ft 6,000 square ft (E) Setback Requirements. Front Side Rear 15 ft 5 ft 15 ft (F) Building Height Regulations. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 10 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 10 of 15 Building Height Maximum 3 stories (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. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repea l and termination section. 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single - family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development 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 12a Limited business Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 ft Lot area minimum None (E) Setback Requirements. Front Side Other Uses Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 11 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 11 of 15 A build-to zone that is located between the front property, line and a line 25 ft from the front property line. None (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 ft from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 ft from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 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; Ord. No. 6879, §2, 5-20-25) Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 12 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 12 of 15 TO: Citlali Samano, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0065 BACKGROUND: The applicant requests to rezone approximately 0.40 acres from RSF-4, Residential Single- Family, Four Units per Acre to RI-U, Residential Intermediate - Urban. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a Residential Neighborhood area, which are “primarily residential in nature and support a wide variety of housing types of appropriate scale and context.” 1 The request aligns with this designation by increasing the variety of housing types permitted from just single - family to include two-, three-, and four-family housing. The RI-U district would also allow the incorporation of some non-residential uses by conditional use like Limited Business (Use Unit 12a). The proposal aligns with Goals 1, 2, 3, and 6 of City Plan 2040 by creating additional flexibility for diverse housing choices in an area that is already supported by infrastructure. Property History: The subject property contains a single-family dwelling constructed ca. 1948, according to Washington County Tax Assessor records. The building is of historic age but does not retain its integrity of design or materials and is not eligible for the state or National Register of Historic 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 13 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 13 of 15 Places. The property is not within a local historic district. This area was annexed into the city in 1956 (Ord. No. 1121). In 1970, the city’s first zoning map identified the property as R-1, Low Density Residential, which was then changed to its current zoning designation RSF-4 in 2003. Figure 1. 1970 Zoning Map. Approximate location of property shown in red. Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 14 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 14 of 15 To: Fayetteville Planning Commission From: Wes Bates Re: Rezoning Request – 1807 N Garland Ave (RSF-4 → RI-U) Date: November 12, 2025 Dear Commissioners, I am requesting a rezoning for the property located at 1807 N Garland Ave from Residential Single Family, Four Units per Acre (RSF-4) to Residential Intermediate-Urban (RI-U). The property is currently limited to single-family use, but its location and lot configuration make it well-suited for the type of gentle residential infill envisioned by the City Plan. The goal of this rezoning is to add additional housing options to the neighborhood by allowing flexibility for small-scale residential development—such as cluster housing development—while maintaining the residential character of the area. Statement of Compatibility The proposed RI-U zoning is compatible with the surrounding context and consistent with the city’s goals for infill development and attainable housing. There is already RI-U zoning adjacent to this property, and this request represents a logical continuation of that existing pattern. 1807 N Garland is located along a well-traveled corridor with excellent access to trails and public transit, making it an ideal location for slightly increased residential density. The RI-U district allows for a modest range of housing types while preserving the scale and form of traditional neighborhood development. It does not permit commercial uses, ensuring that the area remains residential in nature. This rezoning supports the City Plan’s goals of promoting infill housing, walkability, and the efficient use of existing infrastructure. Allowing additional residential flexibility at this location will contribute to attainable housing options and a more connected, sustainable neighborhood. Thank you for your consideration, Wes Bates Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 15 of 15 Planning Commission January 12, 2026 RZN-2025-0065 (COOKE) Page 15 of 15 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-103 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Citlali Samano, Planner SUBJECT: RZN-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted by ENGINEERING SERVICES INC for property located at 1967 E. HUNTSVILLE RD. in WARD 1. The property is partially zoned RSF-4, RESIDENTIAL SING-FAMILY, FOUR UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.83 acres. The request is to rezone the property to CS, COMMUNITY SERVICES RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property includes approximately 0.8 acres located just east of the intersection of E. Huntsville Road and S. Ray Avenue in southeast Fayetteville. The property is developed with a single-family house and is split-zoned three ways, with the largest portion zoned RSF-4, Residential Single-Family, 4 Units per Acre, alongside areas of RMF-24, Residential Multi-Family, 24 Units per Acre, and C-1, Neighborhood Commercial. Request: The request is to rezone the subject property from RSF-4, Residential Single-Family, 4 Units per Acre, RMF-24, Residential Multi-Family, 24 Units per Acre, and C-1, Neighborhood Commercial, to CS, Community Services. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area and current land uses. While no two of the existing zoning districts permit the same uses, combined they allow a variety of residential and nonresidential uses, which the proposed CS district would allow across the full extent of the property. The property is located adjacent to and in close proximity to existing and planned multi-family residential uses, including to the east on property that was rezoned in CS in 2025. Given this context, staff finds that rezoning the property to CS would provide a logical and compatible transition consistent with nearby zoning and land use patterns. The CS district permits a maximum building height of five stories, compared to the three-story maximum allowed in RSF-4. Staff finds that even at the maximum height, a multi-family residential building would be appropriate given the overall area's land uses, adjacency to a major transportation corridor, and emerging development character of the area. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with City Plan 2040 and the property’s Future Land Use designation as a City Neighborhood area. Rezoning the property to CS supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing types and densities in walkable areas with access to transit and active transportation networks. The site’s location and surrounding context support continued residential development at a higher intensity, and the rezoning would help correct an outdated zoning boundary while advancing long-range land use goals. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3) • Near Sewer Main (E Lee Street) • Near Water Main (E Huntsville Road) • Near Paved Trail (E Huntsville Road) • Near ORT Bus Stop (Huntsville & Ray) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 7-0 forwarded the request to City Council with a recommendation of approval. Commissioners offered no comment. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-103 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-68 FOR APPROXIMATELY 0.83 ACRES LOCATED AT 1967 EAST HUNTSVILLE ROAD IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE; AND C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES 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; RMF-24, Residential Multi-Family, 24 Units per Acre; and C-1, Neighborhood Commercial to CS, Community Services. 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. 1/15/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-103 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted by ENGINEERING SERVICES INC for property located at 1967 E. HUNTSVILLE RD in WARD 1. The property is partially zoned RSF-4, RESIDENTIAL SING-FAMILY, FOUR UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.83 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Proposed CS RA Y A V E JE R R Y A V E LEDIEPL FAIRLANE ST CH E R R Y L N DOCKERY LN LEE ST HELEN ST HUNTSVILLE RD RI-12P-1 RSF-7 RSF-4 I-2 C-2 RMF-24 NS-L C-1 NS-G RSF-8 RI-U CS UN Regional Link - High Activity Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0068 1967 E. HUNTSVILLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-24 RSF-4 0.0 0.8 0.0 0.0 Total 0.8 ac1:2,400 Current 0.0 0.0 0.2 0.6 SURVEY DESCRIPTION (PARCEL NO. 765-15203-00): A PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION TWENTY-THREE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE NE 1/4 OF THE NW 1/4 OF SAID SECTION 23, SAID POINT BEING AN ALUMINUM MONUMENT, THENCE S02°41’51”W A DISTANCE OF 550.25 FEET; THENCE N87°25’08”W A DISTANCE OF 336.49 FEET; THENCE S02°49’22”W A DISTANCE OF 52.69 FEET TO A 1/2 INCH REBAR WITH CAP “PS 1374” ON THE SOUTHERLY RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 (EAST HUNTSVILLE ROAD) AND THE POINT OF BEGINNING; THENCE S02°49’22”W A DISTANCE OF 197.32 FEET TO THE NORTH LINE OF WATSON ADDITION AS SHOWN ON PLAT 1-221 OF THE WASHINGTON COUNTY RECORDS AND A 1/2 INCH SPINNER; THENCE ALONG SAID NORTH LINE, N88°40’51”W A DISTANCE OF 165.07 FEET TO A REBAR WITH CAP “PLS 1532 PLS 1427”; THENCE LEAVING SAID NORTH LINE, N01°13’53”E A DISTANCE OF 115.81 FEET TO A REBAR WITH CAP “PLS 1532 PLS 1427”; THENCE S89°28’49”E A DISTANCE OF 8.05 FEET TO A REBAR WITH CAP “PLS 1532 PLS 1427”; THENCE N01°11’38”E A DISTANCE OF 107.20 FEET TO THE SOUTHERLY RIGHT OF WAY OF ARKANSAS STATE HIGHWAY 16 (EAST HUNTSVILLE ROAD) AND A 1/2 INCH REBAR WITH CAP “PS 1374”; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY, S87°27’41”E A DISTANCE OF 37.68 FEET; THENCE S77°19’58”E A DISTANCE OF 127.42 FEET TO THE POINT OF BEGINNING, CONTAINING 0.803 ACRES (34,973 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHT-OF- WAY, EASEMENTS AND RESTRICTIVE COVENANTS OF RECORD AND FACT. TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Citlali Samano, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0068: Rezoning (1967 E HUNTSVILLE RD, 565): Submitted by ENGINEERING SERVICES INC for property located at 1967 E. HUNTSVILLE RD. The property is partially zoned RSF-4, RESIDENTIAL SING-FAMILY, FOUR UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.83 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2025-0068 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0068 to City Council with a recommendation of approval.” BACKGROUND: The subject property is located just east of the intersection of E. Huntsville Road and S. Ray Avenue. While the property is currently zoned primarily RSF-4, Residential Single-Family, 4 Units per Acre, a large portion of the site is zoned RMF-24, Residential Multi-Family, 24 Units per Acre, with a small portion of the western half of the lot zoned C-1, Neighborhood Commercial. The property consists of approximately 0.8 acres in total. Parcel number 765-15203-000 was assigned its current mixed zoning pursuant to Ordinance No. 4503, adopted on July 15, 2003. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North E Huntsville Road, Neighborhood Services across Regional Link NS-L, Neighborhood Services - Limited; NS-G, Neighborhood Services - General South Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre East Residential Single-Family RSF-4, Residential Single-Family, 4 Units per Acre West Residential Single-Family/ Mixed Neighborhood Services RSF-4, Residential Single-Family, 4 Units per Acre; C- 1, Neighborhood Commercial; NS-L, Neighborhood Services - Limited Request: The request is to rezone the subject property from zoned RSF-4, RESIDENTIAL SING- FAMILY, FOUR UNITS PER ACRE, AND RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE to CS, Community Services. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 1 of 19 Public Comment: To date, staff has received no public comment regarding this request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has street frontage along East Huntsville Road, which is a fully improved Regional Link – High Activity Street with asphalt paving, sidewalk, curb and gutter. Any street improvements required in these areas would be determined at the time of the development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 12-inch water main is present along East Huntsville Road and an existing 8-inch water main is present along East side of the subject property. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is present along East Huntsville Road and an existing 8-inch sewer main is present along East side of the subject property. Drainage: No portion of the property lies within a FEMA floodplain, protected stream, or within the Hillside-Hilltop overlay district. No hydric soils are present on site. Any requirements for drainage improvements will be determined at time of development. 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 3, located at 1050 S Happy Hollow Rd., protects this site. The property is located approximately 0.3 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. The 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 did not comment on this request. Tree Preservation: The proposed zoning district, CS, Community Services, requires a minimum canopy preservation of 20%. The current zoning districts, RSF-4, Residential Multi-Family, 24 Units per Acre and C-1, Neighborhood Commercial, also require a minimum of 20% canopy preservation. However, the RSF-4, Residential Single-Family, Four Units per Acre zoning district requires a higher minimum canopy preservation of 25%. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 2 of 19 CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi-family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections, creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 6 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3) • Near Sewer Main (E Lee Street) • Near Water Main (E Huntsville Road) • Near Paved Trail (Huntsville Road) • Near ORT Bus Stop (Huntsville & Ray) • Appropriate Future Land Use 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: Staff finds the requested rezoning to be compatible with the surrounding area and current land uses. RSF-4 zoning allows for single-family residential uses whereas the CS district allows a mix of residential and non-residential uses, including multi-family dwellings, neighborhood-serving commercial uses, offices, personal services, and civic or cultural facilities. The subject property is currently developed with a single-family residence constructed in 1941 and has been under the ownership of DMM Holdings since September 3, 2025. The property is located adjacent to and in close proximity to existing and planned multi - family residential uses, including a CS-zoned property to the east that was rezoned in 2024 and approved by City Council on February 5, 2025. Given this context, staff finds that rezoning the property to CS would provide a logical and compatible transition consistent with nearby zoning and land use patterns. The CS district permits a maximum building height of five stories, compared to the three-story maximum allowed in RSF-4. Staff finds that even at the maximum height, a multi-family residential building would be appropriate given the adjacent CS zoning and emerging multi-family character of the area. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with City Plan 2040 and the property’s Future Land Use designation as a City Neighborhood area. Rezoning the property to CS supports City Plan 2040 Goal #6 by expanding housing choices and encouraging a mix of housing transportation networks. The site’s location and surrounding context support continued residential development at a higher intensity, and the rezoning would help correct an outdated zoning boundary while advancing long-range land use goals. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning to CS is justified and appropriate at this time. The rezoning would allow for a mix of residential and neighborhood-serving non-residential uses consistent with the City Neighborhood designation and surrounding zoning pattern, and it supports the City’s objectives for infill development and housing diversity. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property will likely result in an increase in traffic to and from the site. Additional traffic increases are also anticipated due to planned multi-family residential development on nearby properties to the west that are currently zoned CS. While an increase in traffic is expected, staff finds that potential impacts can be adequately addressed through site design, access management, and required transportation-related improvements at the time of review and permitting. As such, staff does not find that the proposed rezoning would create an undue traffic danger or level of congestion that would warrant denial of the request. 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: The CS zoning district allows residential development by right and is therefore expected to increase population density in the area. The subject property is currently served by existing water, sanitary sewer, and fully improved public streets. Any development associated with SIP-2025-0007 or future projects on the site will be required to demonstrate adequate capacity and make necessary improvements to public infrastructure in compliance with City standards. Staff finds that the anticipated increase in density can be accommodated and does not create an undue burden on public services. 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 Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 4 of 19 RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0068 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Project Maps o One Mile Map o Close-Up Map o Current Land Use Map o Future Land Use Map • Unified Development Code o §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.16 District RMF-24, Residential Multi-Family – Twenty-Four (24) Units Per Acre o §161.21 District C-1, Neighborhood Commercial o §161.22 District CS, Community Services • Long-Range Planning Exhibit o LRP Memo • Applicant Exhibits • Request Letter Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 5 of 19 Werner Castin 7-0 WYMAN RD HUNTSVILLERD CROSSOVER RD ARMSTRONGAVE HAPPY HOLLOW RD 15TH ST I-1 I-2 RMF-24 R-O C-2 C-1 R-A RSF-4 RPZD MSC P-1 RI-U NC CS UT RSF-8 UN Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0068 1967 E. HUNTSVILLE RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 6 of 19 Proposed CS RA Y A V E JE R R Y A V E LEDIEPL FAIRLANE ST CH E R R Y L N DOCKERY LN LEE ST HELEN ST HUNTSVILLE RD RI-12P-1 RSF-7 RSF-4 I-2 C-2 RMF-24 NS-L C-1 NS-G RSF-8 RI-U CS UN Regional Link - High Activity Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0068 1967 E. HUNTSVILLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-24 RSF-4 0.0 0.8 0.0 0.0 Total 0.8 ac1:2,400 Current 0.0 0.0 0.2 0.6 Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 7 of 19 FAIRLANE ST HAPPY HOLLOW RD RA Y A V E HUNTSVILLE RD HAPPY HOLLOWRD 2025 Imagery | EagleView Technologies | Surdex Corporation Neighborhood Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0068 1967 E. HUNTSVILLE RD N 0 225 450 675 900112.5 Feet Subject Property Mixed Residential Single-Family Residential Commercial Single-Family Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 8 of 19 City Neighborhood Civic Institutional Industrial Natural Residential Neighborhood WYMAN RD HUNTSVILLE RD CROSSOVER RD ARMSTRONGAVE HAPPY HOLLOW RD 15TH ST Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0068 1967 E. HUNTSVILLE RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 9 of 19 161.07 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. (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. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 10 of 19 Building Height Maximum 3 stories (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. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repea l and termination section. 161.16 - District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi-family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two (2) family 35 feet Three (3) family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 11 of 19 Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) family or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Uses A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10—20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 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; Ord. No. 6658, §6(Exh. E), 5-2-23; Ord. No. 6879, §2, 5-20-25) Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.21 - District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 12 of 19 Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants (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 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right- of-way and the building 50 feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Urban Form Setback Regulations: Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single-family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (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. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10- 15-19; Ord. No. 6521, §4, 1-18-22) 161.22 - Community Services Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 13 of 19 (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All Others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. Side and Rear: None Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 14 of 19 Side or rear, when contiguous to a single- family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25) Editor's note— Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 15 of 19 TO: Citlali Samano, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0068 BACKGROUND: The applicant requests to rezone approximately 0.83 acres from a mix of RSF-4, RMF-24, and C-1 to CS, Community Services. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a City Neighborhood area, which are “more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses.” This designation supports the widest spectrum of uses and encourages density in all housing types and non-residential and commercial uses along major corridors.1 The request aligns with this designation by adding commercial use opportunities to the site which are not permitted in the areas zoned RSF-4 and RMF-24. CS is an appropriate use that would allow a variety of uses and housing types in an area with existing infrastructure to support it. This aligns with goals 1, 2, 3, and 6 of City Plan 2040. Property History: The subject property contains a single-family dwelling constructed ca. 1941, according to Washington County Tax Assessor records. The building is of historic age but does not retain integrity of design or materials and is not eligible for the state or National Register of Historic Places. 1 City Plan 2040, 130. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 16 of 19 This area was annexed into the city in 1965 (Ord. No. 1458). In 1970, the property was zoned R-1, Low Density Residential. In 2003, portions of the property were rezoned to C-1 and RMF-24 resulting in a single parcel with multiple zoning districts. Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 17 of 19 ENGINEERING SERVICES INC. 1207 S. Old Missouri Rd. P.O. Box 282 Springdale, Arkansas 72765-0282 Ph: 479-751-8733 Fax: 479-751-8746 December 2, 2025 Jonathan Curth, Director Submitted Electronically via EnerGov Development Services City of Fayetteville, Arkansas 125 West Mountain Street Fayetteville, AR 72701 RE: Rezoning Request 1967 E Huntsville Ave. Mr. Curth, We are submitting application materials to rezone approximately 0.83 acres at 1967 E Huntsville Ave from a combination of RSF-4, RMF-24, and C-1 districts to CS (Community Services). The property to be rezoned is one parcel, 765-15203-000 which is owned by DMM Holdings, LLC. The property is located along the South side of E Huntsville between S Ray Ave and Jerry Ave approximately 0.33 miles West of the intersection of E Huntsville Ave and Hwy 265 . The property is being rezoned to allow for future residential development of the property. There is an existing structure on the property which the owner intends to remove and replace with new residential structures in a concurrent SIP submittal. Our requested zoning of CS would be the preferred district for several reasons: • The requested district would be compatible with surrounding properties/uses in that there are several nearby properties that are already in the requested district. • Planning Commission has indicated their approval/desire for this district in the area by recently approving the rezoning of other properties in the area into this district. One recent example is RZN-2024-0059 for 0.54 acres located at 2015 E Huntsville. • The requested district would allow for the proposed future development . Density, bulk and area regulations, building setbacks, and allowed uses are all compatible with the owner’s proposed development of the site. • The CS district would accommodate the proposed development and is consistent with the city’s future land use map as this is a City Neighborhood area. It would also offer some flexibility in housing and commercial types within the City Neighborhood area. The future land use plan designates this area as City Neighborhood . City Plan 2030 states: “City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multifamily.” Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 18 of 19 December 2, 2025 1967 E Huntsville Ave. Rezoning Page 2 Brian J. Moore, P.E. Tim J. Mays, P.E. Jason Appel, P.E. Jerry W. Martin President Vice President Secretary/Treasurer Chairman of the Board No issues related to the ability of existing infrastructure to support future development of the property are apparent. Thank you for your consideration of this request. Sincerely, Jonathan Schmitz Jonathan Schmitz Planning Commission January 12, 2026 RZN-2025-0068 (DMM HOLDINGS LLC) Page 19 of 19 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-105 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS, 404): Submitted by BART & PATRICIA BAUER for property located at 1417 N. ADDINGTON AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.33 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: City Planning staff recommends denial and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is located at the northwest corner of the N. Addington Avenue and W. Mount Comfort Street intersection. The property contains 0.33 acres and is currently developed with a single-family dwelling which Washington County records indicate was built in 1941, and an accessory dwelling unit which was developed in 2020. A previous rezoning request on this property was denied by Planning Commission on March 10, 2025. At that time, Commission discussion largely revolved around the potential development outcomes from a rezoning and how the proposed rezoning would not introduce additional housing options. Request: The applicant is requesting to rezone the property from RSF-4, Residential Single-Family – 4 Units per Acre, to RSF-18, Residential Single-Family – 18 Units per Acre, subject to a bill of assurance limiting the number of residential units to two. Public Comment: Staff received one comment in opposition to the rezoning citing higher density concerns. Land Use Compatibility: Staff finds the request to a higher-density zoning district to be generally compatible from a current land use perspective, but had concerns about the applicant's provided Bill of Assurance. Properties surrounding the subject property’s neighboring properties are comprised mostly of low-density single-family dwellings. Of note however, there does exist a diversity of housing types in close proximity. The lot within the subject property is relatively small, at 0.33 acre, which suggests that any future development will be limited in size. Given the building requirements and permitted uses associated with the RSF-18 zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single-family, multi-family, commercial, and industrial zoning districts. The building height maximum for both RSF-4 and RSF-18 zoning districts is 3 stories, which means that rezoning would not permit the construction of any taller buildings. A prominent distinction between the districts Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov is their setbacks with the front and rear setback requirements, lot size, and lot width requirements being reduced under RSF-18. Where RSF-4 requires a 15-foot front and rear setback, RSF-18 would require a 25- foot build-to-zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RSF-18 would require a lot size of 2,500 square feet (single-family) or 2,000 square feet (two-family), and a lot width minimum of 30 feet. The applicant has submitted a Bill of Assurance for consideration, limiting the property to only allow for two residential units. Staff does agree that the subject property would benefit from a rezoning to allow for additional density, and supported the original rezoning to RSF-18 at the March 10, 2025 PC meeting; however, the proposal with the Bill of Assurance limits development potential, which led to staff's ultimate recommendation. Land Use Plan Analysis: Staff finds the request to be inconsistent with City Plan 2040’s Future Land Use Map designates the property as Residential Neighborhood, but does border the City Neighborhood designation. The subject property also has an infill score of 8 and is located 0.35 of a mile northwest of a Tier 2 center at the intersection of W. Wedington Drive and N. Garland Avenue. City Plan 2040 describes Tier 2 centers as being “characterized by housing that ranges from one- to three- story detached dwellings, duplexes, row houses, and mid-rise apartments.” Staff finds that with the Bill of Assurance limiting the potential for housing options, the requested rezoning would not be compatible with the City’s housing development goals (#1, 2, 3, and 6). CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane Street) • Near Sewer Main (8-inch and 6-inch sewer mains N. Addington Avenue; 6-inch main W. Mount Comfort Road) • Near Water Main (6-inch main N. Addington Avenue) • Near Grocery Store (Harps Food Store) • Near City Park (Lewis Park) • Near U of A Campus • Near Paved Trail (Mount Comfort Road) • Near Razorback Bus Stop (Garden Park and Mount Comfort & Stephens) DISCUSSION: At the January 12, 2026, Planning Commission meeting, a vote of 5-2-0 was cast to reconsider the item. The Planning Commission then voted 5-2-0 to forward the request to City Council with a recommendation of approval, including a bill of assurance. Commissioners Werner and Gulley were opposed. The applicant resubmitted the rezoning application to RSF-18 with the addition of a Bill of Assurance limiting the property to two single-family structures. Currently, the property is developed with a single-family dwelling and an accessory dwelling unit (ADU). The applicant stated that they intend to use the reduced RSF-18 lot minimums to split the property into two lots with each residential unit on its own lot. Staff is opposed to the proposed rezoning due in part to the inclusion of the Bill of Assurance, stating that this would limit potential development on the property and that the rezoning application did not address development concerns raised by the Planning Commission in the March 2025 meeting. The Commissioners spoke on development and parking concerns should the rezoning and lot split be approved. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A , 5. Exhibit B, 6. Bill of Assurance, 7. Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-105 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-64 FOR APPROXIMATELY 0.33 ACRES LOCATED AT 1417 NORTH ADDINGTON AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE, 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 RSF-18, Residential Single-Family, 18 Units per Acre, 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. 1/14/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-105 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS, 404): Submitted by BART & PATRICIA BAUER for property located at 1417 N. ADDINGTON AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.33 acres. The request is to rezone the property to RSF- 18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Proposed RSF-18 MOUNTCOMFORTRD HENDRIX ST ADDINGTON AVE CEDAR ST ADDINGTON AVE CARTER ST MAXWELL DR JAMES ST STEPHENS AVE MOUNTCOMFORTRD RSF-4 RI-12 C-1 RMF-24 RSF-18RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0064 1417 N. ADDINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RSF-18 RSF-4 0.3 0.0 Total 0.3 ac1:2,400 Current 0.0 0.3 RZN-2025-0064 EXHIBIT A RZN-2025-0064 EXHIBIT B LEGAL DESCRIPTION 1417 N. ADDINGTON AVENUE Lot 1, Block 3, Hendrix Addition, to the City of Fayetteville, Washington County, Arkansas, as per plat on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Less & Except: 200 feet of equal and uniform width off the North end of Lot 1, Block 3, Hendrix Addition, to the City of Fayetteville, Washington County, Arkansas, as per plat on file in the Office of the Circuit Clerk and Ex- Officio Recorder of Washington County, Arkansas. Subject to recorded instruments, covenants, rights of way, and easements, if any. Subject to all prior mineral reservations and oil and gas leases, if any. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Bauer Haus, LLC an Arkansas Limited Liability Company, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, 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 Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to no further lot splits. 2. Other restrictions including number and type of structures upon the property are limited to no more than two (2) single-family residential homes. 3. Specific activities will not be allowed upon petitioner's property include Not applicable 4. (Any other terms or conditions) Not applicable 5. 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 after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, PA -m C i P as uL /2._ , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. � l��aZCo Date Printed Name 3O Co�nec' i1- & Address 1- €,V\cc"-- Imo-- 7a75(o STATE OF ARKANSAS } COUNTY OF WASHINGTON } MEM15 Title (if on behalf of business entity) Signature NOTARY OATH On this, the 1' day of Ja��K4 , 202(, before me, the undersigned notary, personally appeared &kiri6a. qe 1 , known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. • My Commission Expires: O\/l// ao 3\ BLAIRE BRADBURY Notary Public - Arkansas Washington County Commission $ 12712836 My Commission Expires Jan 15, 2031 TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0064: Rezone (1417 N. ADDINGTON AVE/BAUER HAUS, 404): Submitted by BART & PATRICIA BAUER for property located at 1417 N. ADDINGTON AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.33 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2025-0064. RECOMMENDED MOTION: If in support: 1. “I move that there is sufficient evidence to justify reconsideration of this item.” 2. “I move to forward RZN-2025-0064 to City Council with a recommendation of approval.” If not in support: 1. “I move that there is insufficient evidence to justify reconsideration of this item.” BACKGROUND: The subject property is located at the corner of the N. Addington Avenue and W. Mount Comfort Street intersection. The property contains 0.33 acres and is currently developed with a single- family dwelling which Washington County records indicate was built in 1941, and an accessory dwelling unit which was developed in 2020. A previous rezoning request on this property was denied by Planning Commission on March 10, 2025. Commissioners discussed how the proposed rezoning would not introduce additional housing options and that RI-U may be better suited at this location. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre South Multi-Family Residential RMF-24, Residential Multi-Family – 24 Units per Acre East Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre West Single-Family Residential RSF-4, Residential Single-Family – 4 Units per Acre Request: The applicant is requesting to rezone the property from RSF-4, Residential Single- Family – 4 Units per Acre, to RSF-18, Residential Single-Family – 18 Units per Acre. The applicant has stated that rezoning would allow for appropriate infill. The applicant has also offered a Bill of Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 1 of 18 Updated w/ meeting results Assurance that limits the number of residential units to two structures allowed on the property. It is attached to this staff packet for the Commission’s consideration. Public Comment: Staff has received one comment that was in opposition to the rezoning citing higher density concerns. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has a road frontage along North Addington Avenue. North Addington Avenue is a partially improved Residential Link Street with asphalt paving and open ditches. The subject area has a road frontage along West Mount Comfort Road. West Mount Comfort Road is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of the development proposal Water: Public water is available to the subject area. Existing 6-inch water main is present along North Addington Avenue. Existing 8-inch water main is present along West Mount Comfort Road. Sewer: Sanitary Sewer is available to the subject property. There is an existing 8-inch and 6-inch sewer main present along North Addington Avenue. In addition, there is an existing 6-inch sewer main present along West Mount Comfort Road. There are known wet weather sewer capacity issues identified in the City’s 2025 Sewer Master Plan that appear in the system 350 feet Northwest of this property. Fire: Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 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. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside-Hilltop Overlay District, nor within a Streamside Protection Zone. The property does not lie in the FEMA floodplain. Any additional improvements or requirements for drainage will be determined at the time of development. There are hydric soils present on the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property, a statement/report Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 2 of 18 from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE determination of Jurisdictional Wetlands will be required at the time of development submittal. Tree Preservation: The proposed zoning district of RSF-18, Residential Single-Family – 18 Units per Acre, 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. 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 nonresidential 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 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane Street) • Near Sewer Main (8-inch and 6-inch sewer mains N. Addington Avenue; 6-inch main W. Mount Comfort Road) • Near Water Main (6-inch main N. Addington Avenue) • Near Grocery Store (Harps Food Store) • Near City Park (Lewis Soccer Complex) • Near U of A Campus • Near Paved Trail (Mount Comfort Road) • Near Razorback Bus Stop (Garden Park and Mount Comfort & Stephens) 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: The subject property’s neighboring properties are comprised mostly of low-density single-family dwellings. There does exist a diversity of housing types on the street, especially similarly zoned RSF-18 properties on W. Hendrix Street – the properties in this zoning district have not currently developed to increase the lots’ density. The lot within the subject property is relatively small, at 0.33 acre, which suggests that any future development will be limited in size. Given the building requirements Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 3 of 18 and permitted uses associated with the RSF-18 zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single-family, multi- family, commercial, and industrial zoning districts. The building height maximum for both RSF-4 and RSF-18 zoning districts is 3 stories, which means that rezoning would not permit the construction of any taller buildings. However, the front and rear setback requirements, lot size, and lot width requirements would all be reduced. Where RSF-4 requires a 15-foot front and rear setback, RSF-18 would require a 25-foot build-to-zone and a 5- foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RSF-18 would require a lot size of 2,500 square feet (single-family) or 2,000 square feet (two-family), and a lot width minimum of 30 feet. The applicant has submitted a Bill of Assurance for consideration, limiting the property to only allow for two residential units. Staff does agree that the subject property would benefit from a rezoning to allow for additional density; however, the proposal with the Bill of Assurance limits constrains any development potential. Land Use Plan Analysis: City Plan 2040’s Future Land Use Map designates the property as Residential Neighborhood, but does border the City Neighborhood designation. The subject property also has an infill score of 8 and is located 0.35 of a mile north west from a Tier 2 center at the intersection of W. Wedington Drive and N. Garland Avenue. The City Plan 2040 describes Tier 2 centers as being “characterized by housing that ranges from one- to three- story detached dwellings, duplexes, row houses, and mid-rise apartments.” Staff finds that with the Bill of Assurance limiting the potential for housing options, the requested rezoning would not be compatible with the City’s housing development goals (#1, 2, 3, and 6). 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: As the request has not changed since the previous submittal and is limited by the proposed Bill of Assurance, staff does not find that the rezoning request to be justified. 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 RSF-18 has the potential to increase traffic in this area. However, given the size of the lot and the ability to access it via a Residential Link street, staff finds that the possibility of increased traffic danger and congestion is minimal. 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 subject property from RSF-4 to RSF-18 would have the Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 4 of 18 potential to increase population density in this area in a way that would not undesirably increase the load on public services. Staff finds that the water and sewer infrastructure available to this site could support the impact that this zoning change would bring. The Fayetteville School District did not provide comment on this rezoning. 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 denial of RZN-2025-0064. PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 RSF-4, Residential Single-Family – Four (4) Units per Acre o §161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map • Long Range Planning Memo • Applicant Request Letter • Bill of Assurance Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 5 of 18 Upon a motion by Commissioner McGetrick and a second by Commissioner Castin, the Commission voted 5-2-0 (Payne and Madden dissented) to reconsider the rezoning. Upon a motion by Commissioner Castin and a second by Commissioner McGetrick, the Commission voted 5-2-0 (Werner and Gulley dissented) to forward the item to City Council. 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 th ese types. (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 (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. Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 6 of 18 (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." Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 7 of 18 161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (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. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 8 of 18 Front Side Side-Zero Lot Line* Rear A build-to zone that is located between the front property line and a line 25 ft. from the front property line. 5 feet on both sides A setback of less than five 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. 5 feet * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800, §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; 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. 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 January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 9 of 18 CLEVELAND ST GARLAND AVE SYCAMORE ST DEANE ST GARLAND AVE WEDINGTON DR NORTH ST LE V E R E T T A V E GA R L A N D A V E SANG AVE GA R L A N D A V E GARLAND AVE RMF-40 R-O C-1 RSF-4 I-1 P-1 RMF-24 C-2 R-A CS NC RSF-18 Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0064 1417 N. ADDINGTON AVE N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 10 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 10 of 18 Proposed RSF-18 MOUNTCOMFORTRD HENDRIX ST ADDINGTON AVE CEDAR ST ADDINGTON AVE CARTER ST MAXWELL DR JAMES ST STEPHENS AVE MOUNTCOMFORTRD RSF-4 RI-12 C-1 RMF-24 RSF-18RI-U Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2025-0064 1417 N. ADDINGTON AVE N 0 150 300 450 60075 Feet Subject Property Zone Proposed RSF-18 RSF-4 0.3 0.0 Total 0.3 ac1:2,400 Current 0.0 0.3 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 11 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 11 of 18 MOUNT COMFORT RD GARLAND AVE GA R L A N D A V E WEDINGTONDR GARLAND AVE 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0064 1417 N. ADDINGTON AVE N 0 225 450 675 900112.5 Feet Subject Property Mixed Residential Multi-Family Residential Mixed Residential Mixed Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 12 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 12 of 18 City Neighborhood Civic and Private Open Space Non-Municipal Government Residential Neighborhood NORTH ST GARLAND AVE SYCAMORE ST DEANE ST GARLAND AVE GA R L A N D A V E WEDINGTON DR GA R L A N D A V E GARLAND AVE Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0064 1417 N. ADDINGTON AVE N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 13 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 13 of 18 TO: Wes Frank, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0064 BACKGROUND: The applicant requests to rezone approximately 0.33 acres from RSF-4, Residential Single- Family, Four Units per Acre to RSF-18, Residential Single-Family, Eighteen Units per Acre. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a Residential Neighborhood area, which are “primarily residential in nature and support a wide variety of housing types of appropriate scale and context.” 1 The request aligns with this designation by increasing the density of single family dwellings through more flexible lot width and area requirements, although other districts like RI-U may provide even greater flexibility for future residential development by adding the potential for two-, three-, or four- family dwellings by right. The applicant refers to a Bill of Assurance that would state “only the two existing homes would be allowed on that parcel and that no new homes can be built ever and no more lot splits would be allowed.” At the time of writing, the actual Bill of Assurance was not available for review. However, even without this document, the permitted uses and development standards allowed under RSF-18 are all appropriate for the area and the Commission could consider forwarding 1 City Plan 2040, 128. Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 14 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 14 of 18 the item without the Bill of Assurance if one is provided. The applicant’s stated intent to simply split the lot to sell the buildings separately is appropriate, and RSF-18 would facilitate the narrower lot width minimum for the lot split. Numerous requests for rezoning along this stretch of W. Mount Comfort Road indicate that there may be a need for a neighborhood plan to clearly illustrate the vision for the future of this neighborhood. Property History: The subject property contains two single-family dwellings constructed ca. 1941 and 2020, according to Washington County Tax Assessor records. The 1941 building is of historic age, but does not retain its integrity of design or materials and is not eligible for the state or National Register of Historic Places. The property is not within a local historic district. This area was annexed into the city in 1956 (Ord. No. 1121). In 1970, the city’s first zoning map identified the property as R-1, Low Density Residential, which was then changed to its current zoning designation RSF-4 in 2003. Figure 1. 1970 Zoning Map. Approximate location of property shown in red. Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS LLC) Page 15 of 18 Planning Commission January 12, 2026 RZN-2025-0064 (BAUER HAUS) Page 15 of 18 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Bauer Haus, LLC an Arkansas Limited Liability Company, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, 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 Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to no further lot splits. 2. Other restrictions including number and type of structures upon the property are limited to no more than two (2) single-family residential homes. 3. Specific activities will not be allowed upon petitioner's property include Not applicable 4. (Any other terms or conditions) Not applicable 5. 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 after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, PA -m C i P as uL /2._ , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. � l��aZCo Date Printed Name 3O Co�nec' i1- & Address 1- €,V\cc"-- Imo-- 7a75(o STATE OF ARKANSAS } COUNTY OF WASHINGTON } MEM15 Title (if on behalf of business entity) Signature NOTARY OATH On this, the 1' day of Ja��K4 , 202(, before me, the undersigned notary, personally appeared &kiri6a. qe 1 , known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. • My Commission Expires: O\/l// ao 3\ BLAIRE BRADBURY Notary Public - Arkansas Washington County Commission $ 12712836 My Commission Expires Jan 15, 2031 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-106 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: RZN-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD in WARD 4. The properties are zoned C-1, NEIGHBORHOOD COMMERCIAL, RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property includes two parcels located in west Fayetteville approximately 800 feet north of the W. Wedington Dr and N. Rupple Rd intersection. The parcels are currently undeveloped and on the west side of Rupple Road, to the northeast of the Rupple Meadows subdivision. No portion of the property is within FEMA- designated floodplain or floodway, and there are potentially hydric soils at the northwestern-most corner. The subject properties are located in the Wedington Corridor Master Plan Area. Request: The request is to rezone the subject properties from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi-Family, 12 Units Per Acre, And RSF-8, Residential Single-Family, 8 Units Per Acre, to CS, Community Services. Public Comment: Staff has not received any public comment. Land Use Compatibility: Staff finds the proposed zoning of CS, Community Services to be compatible with the surrounding mix of residential and commercial uses. The properties are located near the intersection of W. Wedington Dr and N. Rupple Rd in an area that contains a variety of land uses and is well served by city services. The properties’ most prominent zoning district, C-1, Neighborhood Commercial, is designed to encourage the development of smaller-scale commercial which can serve nearby residential concentrations. The proposed CS is intended to provide for adaptable mixed-use centers located along commercial corridors that connect denser development nodes. The CS district has comparable nonresidential use schedules to C-1, with the addition of residential uses. While C-1 zoning provides an urban form setback option, development in that zoning district typically follows a more traditional auto-oriented setback with parking in front of structures. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CS requires an urban form setback with buildings addressing the street, which is in character with much of the neighboring properties. CS and C-1 have similar both have no lot standards, with CS requiring an 18-foot lot width minimum for residential uses dwellings. While the parcels are split zoned with very small portions designated RSF-4, RSF-8, and RMF-12, these areas are inadequate to allow significant, if any, residential development. CS allows the same residential use allowances (single- to multi-family) with additional uses but are not uniform for the setbacks in RSF-4 and -8. By allowing for a rezoning to CS, this eliminates this split- zone and allows for more uniform development. Staff finds that the proposed rezoning would allow for more mixed-uses that can support nearby properties without any substantial change to the area’s character. Land Use Plan Analysis: Staff finds that a rezoning to CS for the subject properties would be consistent with the City’s adopted land use plans. The City Plan 2040’s Future Land Use Map designates the properties as City Neighborhood Area which is intended to support the widest spectrum of nonresidential and residential uses. The subject properties lie along N. Rupple Rd, a crucial point within the Wedington Corridor Plan. This plan calls for a walkable area that is developed with mixed-uses near the Wedington and Rupple intersection, which is a Tier 2 City Growth Node located approximately 800 feet to the south. A rezoning from C-1 to CS would support this as CS allows for mixed-uses while C-1 only allows for commercial uses. The other zoning districts that the subject properties enter into do support residential, though they are too small and not long N. Rupple. Staff supports the rezoning to CS as it would allow for a variety of mixed-use allowances that would “provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property”. A rezoning from CS could also support Goals 1 (infill), 3 (compact development), 6 (opportunities for attainable housing) of City Plan 2040, encouraging infill by allowing for dense mixed-use development along a major thoroughfare in an area that has access to existing city services. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd.) • Near Water Main (12-inch, N. Rupple Rd) • Near Sewer Main (8-inch, N. Sicily Ln; 8-inch south side of the subject properties) • Near City Park (Red Oak and Bruce Davis Parks) • Near Paved Trail (Rupple Side-Path Trail) • Near Razorback Bus Stop (Rupple & Congressional) • Within Master Plan Area (Wedington Corridor Plan) • Appropriate Land Use (City Neighborhood) DISCUSSION: At the January 12, 2026, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner motioned and commissioner Castin seconded. No discussion was held between the Commissioners. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-106 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-62 FOR APPROXIMATELY 4.8 ACRES LOCATED AT 1439 NORTH RUPPLE ROAD IN WARD 4 FROM C-1, NEIGHBORHOOD COMMERCIAL; RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE; RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE; AND RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE TO CS, COMMUNITY SERVICES 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 C-1, Neighborhood Commercial; RSF-4, Residential Single-Family, Four Units Per Acre; RMF-12, Residential Multi-Family, 12 Units Per Acre; and RSF-8, Residential Single-Family, 8 Units Per Acre to CS, Community Services. 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. 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 2026-106 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only RZN-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD in WARD 4. The properties are zoned C-1, NEIGHBORHOOD COMMERCIAL, RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 1/14/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Proposed CS SARDINIA WAY SICILY LN MALTA LN CONGRESSIONAL ST MONET DR SANTA MARIA LN HAZELTINE DR CORSICA DR IZ A R D L N RUPPLE RD RU P P L E R D RSF-4 RSF-1 RMF-12 C-1 RSF-8 CS RPZD Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0062 1439 N. RUPPLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-12 RSF-4 RSF-8 0.0 4.8 0.0 0.0 0.0 Total 4.8 ac1:2,400 Current 4.5 0.0 0.2 0.0 0.1 RZN-2025-0062 EXHIBIT A Parcel ID: 765-24086-100 A part of the SW 1/4 of the NE 1/4 of Section 12, Township 16 North, Range 31 West, Washington County, Arkansas, more particularly described as follows: Commencing at the Northeast corner of the SW 1/4 of the NE 1/4 of said Section 12; Thence N87°18'57"W 40.00 feet to the point of beginning, said point being on the west right-of-way of North Rupple Road as described in Deed Record Book 2016 at Page 3637; Thence along said west right-of-way S02°39'03"W 499.01 feet; Thence leaving said west right-of-way N87°20'57"W 330.76 feet; Thence N02°39'03"E 499.27 feet; Thence S87°09'53"E 22.13 feet; Thence S87°18'57"E 308.63 feet to the point of beginning, containing 3.79 acres, more or less, and subject to all easements and rights-of-way of record or fact. Parcel ID: 765-24083-000 A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Sixteen (16) North, Range Thirty-One (31) West, Washington County, Arkansas, being more particularly described as follows, to wit: Beginning at the southeast corner of said 40-acre tract, and running thence South 89 degrees 48 minutes West 880.00 feet; Thence North 123.75 feet; Thence North 89 degrees 49 minutes East 530.00 feet; Thence North 14 feet; Thence North 89 degrees 48 minutes East 350.00 feet; Thence South 137.9 feet to the point of beginning, containing 2.69 acres, more or less. Subject to an easement for a road on the east side of said tract. Less and except all that part of the following described land lying within the description shown: A part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section Twelve (12), Township Sixteen (16) North, Range Thirty-One (31) West, being more particularly described as follows: Commencing at the northeast corner of said 40-acre tract; Thence S 02 degrees 25'15" W along the east line of said 40-acre tract 331.48 feet to the true point of beginning, said point being in Rupple Road and from which a 1/2" iron rebar reference iron set on the west right-of-way line of said road bears N 87 degrees 08'21" W 22.68 feet; Thence S 02 degrees 25'15" W 607.93 feet to a point in Rupple Road from which a 1/2" iron GIS Approved 12/12/2025 RZN-2025-0062 EXHIBIT B rebar reference iron set on the west right-of-way line of said road right-of-way line of said road bears N 87 degrees 58'00" W 25.77 feet; Thence leaving the east line of said 40-acre tract and running along an existing fence N 87 degrees 58'00" W 350.00 feet to a set 1/2" iron rebar; Thence S 02 degrees 25'15" W 257.72 feet to a set 1/2" iron rebar; Thence N 87 degrees 08'31" W 39.39 feet to a set 1/2" iron rebar; Thence S 03 degrees 41'07" W 123.76 feet along an existing fence to a set 1/2" iron rebar on the south line of said 40-acre tract; Thence N 87 degrees 08'31" W 503.85 feet along the south line of said 40-acre tract to an existing iron at the southeast corner of Willow Springs Subdivision; Thence N 02 degrees 42'53" E 994.45 feet along the east line of said subdivision to a set 1/2" iron rebar; Thence leaving the east line of said subdivision S 87 degrees 08'21" E 890.58 feet to the point of beginning, containing 17.19 acres, more or less. Recital: This property is 1.11 acres, more or less. This property is designated on the County Tax Rolls as Tax Parcel No: 765-24083-000 of Washington County, Arkansas. TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: January 12, 2026 SUBJECT: RZN-2025-0062: Rezoning (1439 & SOUTH OF 1439 N. RUPPLE RD./RUPPLE ROAD LLC, 400): Submitted by WESLEY BATES for properties located at 1439 N. RUPPLE RD. The propert ies are zoned C- 1, NEIGHBORHOOD COMMERCIAL, RSF -4, RESIDENTIAL SINGLE - FAMILY, FOUR UNITS PER ACRE, RMF -12, RESIDENTIAL MULTI - FAMILY, 12 UNITS PER ACRE, and RSF -8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE, and contains approximately 4.8 acres. The request is to rezone the propert ies to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2025-0062 to the City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2025-0062 to the City Council with a recommendation of approval.” BACKGROUND: The subject properties are located in west Fayetteville approximately 800 feet north of the W. Wedington Dr and N. Rupple Rd intersection. The properties are zoned C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi- Family, 12 Units Per Acre, and RSF-8, Residential Single-Family, 8 Units Per Acre, and are undeveloped. The subject properties are located in the Wedington Corridor Master Plan Area. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential RSF-1, Residential Single-Family, 1 Units per Acre South Two-Family Residential RMF-12, Residential Multi-Family, 12 Units per Acre East Multi-Family Residential RPZD, Residential Planned Zoning District West Single-Family and Two-Family Residential RSF-1, Residential Single-Family, 1 Units per Acre; RSF-4, Residential Single-Family, 4 Units per Acre; RSF-8, Residential Single-Family, 8 Units per Acre; RSF-12, Residential Multi-Family, 12 Units per Acre Request: The request is to rezone the subject properties from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units Per Acre, RMF-12, Residential Multi-Family, 12 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 1 of 24 Updated w/ meeting results Units Per Acre, And RSF-8, Residential Single-Family, 8 Units Per Acre, to CS, Community Services. Public Comment: Staff has not received any public comment. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject area has a road frontage along N Rupple Rd. N. Rupple Rd is a fully improved Regional Link Street with asphalt paving, sidewalk, curb and gutter. The subject area has a road frontage along N. Sicily Ln. N. Sicily Ln is a fully improved Residential Link Street with asphalt paving, curb & gutter. Any street improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available to the subject area. Existing 12-inch water main is present along East side of N Rupple Rd. Sewer: Sanitary sewer is available to the subject area. Existing 8-inch sewer main is present along N. Sicily Ln. Existing 8-inch sewer main is present on the South side of the subject properties. Drainage: Hydric soils are present in the subject area. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. No portion of the properties lies within the Hillside Hilltop Overlay District or FEMA floodplain. Additionally, no protected streams are present on the subject properties. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The properties are located approximately 1 mile from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 did not comment on this request. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 2 of 24 Tree Preservation: The proposed zoning district, CS, Community Services, requires a 20% minimum canopy preservation. The current zoning districts, C-1, Neighborhood Commercial, RSF-8, Residential Single-Family, 8 Units per Acre, and RMF-12, Residential Multi-Family, 12 Units per Acre, require a 20% minimum canopy preservation, and RSF-4, Residential Single-Family, 4 Units per Acre, requires a 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the properties as being within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi-family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 7, 835 N. Rupple Rd.) • Near Water Main (12-inch, N. Rupple Rd) • Near Sewer Main (8-inch, N. Sicily Ln; 8-inch south side of the subject properties) • Near City Park (Red Oak Park) • Near Paved Trail (Side-Path Trail) • Near Razorback Bus Stop (Rupple & Congressional) • Within Master Plan Area (Wedington Corridor Plan) • Appropriate Land Use (City Neighborhood) 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: Staff finds the proposed zoning of CS, Community Services to be compatible with the surrounding mix of residential and commercial uses. The properties are located near the intersection of W. Wedington Dr and N. Rupple Rd in an area that contains a variety of land uses and is well served by city services. The properties’ existing majority zoning district, C-1, Neighborhood Commercial, is designed to encourage the development of smaller-scale commercial which can serve nearby residential concentrations. The proposed CS is intended to provide for adaptable mixed-use centers located along commercial corridors that connect denser development nodes. CS have comparable use schedules to C-1, with some exceptions being the introduction of residential uses. While C-1 zoning provides an urban form setback option, development in that zoning district typically follows a more traditional auto-oriented setback requirement with parking in front of structures. CS requires an urban form Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 3 of 24 setback with buildings addressing the street, which is in character with much of the neighboring properties. CS and C-1 have similar both have no lot area minimums. Only CS requires an 18-foot lot width minimum dwellings but is similar to C-1 with no width requirements for all other uses. The parcels are split zoned with RSF-4, RSF-8, and RMF-12, which can support residential by-right, but their location and size do not allow for any significant development. CS allows the same residential use allowances (single- to multi-family) with additional uses but are not uniform for the setbacks in RSF-4 and -8. By allowing for a rezoning to CS, this eliminates this split-zone and allows for more uniform development. Staff finds that the proposed rezoning would allow for more mixed-uses that can support nearby properties without any substantial change to the area’s character. Land Use Plan Analysis: Staff finds that a rezoning to CS for the subject properties would be consistent with the City’s adopted land use plans. The City Plan 2040’s Future Land Use Map designates the properties as City Neighborhood Area which is intended to support the widest spectrum of nonresidential and residential uses. The subject properties lie along N. Rupple Rd, a crucial point within the Wedington Corridor Plan. This plan calls for a walkable area that is developed with mixed-uses near the Wedington and Rupple intersection, which is a Tier 2 City Growth Node located approximately 800 feet to the south. A rezoning from C-1 to CS would support this as CS allows for mixed-uses while C-1 only allows for commercial uses. The other zoning districts that the subject properties enter into do support residential, though they are too small and not long N. Rupple. Staff supports the rezoning to CS as it would allow for a variety of mixed-use allowances that would “provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property”. A rezoning from CS could also support Goals 1 (infill), 3 (compact development), 6 (opportunities for attainable housing) of City Plan 2040, encouraging infill by allowing for dense mixed-use development along a major thoroughfare in an area that has access to existing city services. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning from to CS is justified. Rezoning to CS would allow for housing densities that are comparable to the existing development pattern in the area and which are consistent with the City’s planning objectives and policies while also allowing for commercial development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the properties to CS has the potential to increase the traffic along N. Rupple Rd given the allowable uses and no density maximum. However, N. Rupple Rd is a high-traffic corridor that was intended to handle additional traffic. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 4 of 24 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 properties to CS has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The properties have access to existing water and sanitary sewer infrastructure and is close to public services. Fayetteville Public Schools did not comment on this 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 forwarding RZN-2025-0062 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 12, 2026 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 5 of 24 Werner 7-0-0 Castin BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.07 District RSF-4, Residential Single-Family - Four (4) Units Per Acre o §161.09 District RSF-8, Residential Single-Family - Eight (8) Units Per Acre o §161.14 District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre o §161.21 District C-1, Neighborhood Commercial o §161.22 Community Services • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map • Long Range Planning Memo • Request Letter Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 6 of 24 161.07 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. (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. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 7 of 24 Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (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. 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 suns et, 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 January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 8 of 24 161.09 District RSF-8, Residential Single-Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two (2) family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 9 of 24 Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; 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. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 10 of 24 161.14 District RMF-12, Residential Multi-Family - Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi-family Residential District is designed to permit and encourage the development of multi-family residences at a moderate density that is appropriate to the area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi-family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development 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 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities Unit 48 Private dormitories (C) Density. Units per acre 12 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single family 45 feet Two (2) family 45 feet Three (3) family or more 80 feet Professional offices 100 feet Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 11 of 24 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) family or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family A build-to zone that is located between the front property line and a line 25 feet from the front property line. 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum buildable street frontage. 50% of the lot width. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 12 of 24 (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 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; Ord. No. 6658, §4(Exh. C), 5-2-23; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 13 of 24 161.21 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 25 Offices, studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production 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 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 14 of 24 Urban Form Setback Regulations: Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single- family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of a n adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (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. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10- 15-19; Ord. No. 6521, §4, 1-18-22) Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 15 of 24 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production 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 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive- through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Unit 48 Private dormitories Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 16 of 24 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single- family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7—9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21; Ord. No. 6879, §2, 5-20-25) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (extending the 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 November 30, 2025 unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 17 of 24 RU P P L E R D RU P P L E R D WEDINGTON DR RUPPLE RD RUPPLERD RUPPLE RD R-O RMF-24 C-1 RSF-4 R-A RSF-1 UT RSF-8 P-1 RPZD NS-L CS RMF-12 RI-12 RI-U Regional Link Regional Link - High Activity Unclassified Alley Residential Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View RZN-2025-0062 1439 N. RUPPLE RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 18 of 24 Proposed CS SARDINIA WAY SICILY LN MALTA LN CONGRESSIONAL ST MONET DR SANTA MARIA LN HAZELTINE DR CORSICA DR IZ A R D L N RUPPLE RD RU P P L E R D RSF-4 RSF-1 RMF-12 C-1 RSF-8 CS RPZD Regional Link Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2025-0062 1439 N. RUPPLE RD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-1 CS RMF-12 RSF-4 RSF-8 0.0 4.8 0.0 0.0 0.0 Total 4.8 ac1:2,400 Current 4.5 0.0 0.2 0.0 0.1 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 19 of 24 PL U M T R E E D R MALLARD LN GOLF CLUBDR ME A D O W L A N D S D R RUPPLE RD RU P P L E R D 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2025-0062 1439 N. RUPPLE RD N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Multi-Family Residential Multi-Family Residential Single-Family Residential 1:3,600 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 20 of 24 City Neighborhood Civic and Private Open Space Natural Residential Neighborhood RU P P L E R D RU P P L E R D WEDINGTON DR RUPPLE RD RUPPLERD RUPPLERD Regional Link Regional Link - High Activity Unclassified Alley Residential Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2025-0062 1439 N. RUPPLE RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 21 of 24 TO: Wes Frank, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: January 12, 2026 SUBJECT: Long Range Planning Comments Regarding RZN-2025-0062 BACKGROUND: The applicant requests to rezone approximately 6.48 acres from C-1, Neighborhood Commercial, RSF-4, Residential Single-Family, Four Units per Acre, RMF-12, Residential Multifamily,12 Units per Acre, and RSF-8, Residential Single-Family, 8 Units Per Acre to CS, Community Services. One long range planning document is relevant when evaluating this request: City Plan 2040. City Plan 2040 (2020): City Plan 2040 includes several relevant plan goals and objectives: • Goal 1 – We will make appropriate infill and revitalization our highest priority. • Goal 2 – We will discourage suburban sprawl. • Goal 3 – We will make compact, complete, and connected development the standard. • Goal 6 – We will create opportunities for attainable housing. o 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.45) On its adoption in early 2020, City Plan 2040 carried forward goals from prior comprehensive plans and organized them into six primary goals. The goals were meant to focus the City’s efforts on appropriate infill that furthers a variety of transportation options, supports the creation of attainable housing, and limits the amount of land consumed by development on the City’s periphery, often termed “suburban sprawl”. DISCUSSION: City Plan 2040 and Future Land Use Plan: This area is designated as a City Neighborhood area, which are “more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses.” This land use designation also supports the “widest spectrum of uses and encourages density in all housing types”. 1 The request aligns with this designation by clarifying zoning across the entirety of parcels and adds a variety of housing types, from single to multi-family, which are not currently permitted under the existing C-1 zoning and commercial uses not currently permitted under the sections with residential zoning. The purpose of the CS district is to provide goods and services for people in surrounding residential areas, which fits well with the existing residential development surrounding the subject property. This proposal aligns with several goals of City Plan 2040, and would provide an opportunity for new development at a site with existing 1 City Plan 2040, 130. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 22 of 24 infrastructure (goals 1 and 2). This proposal also advances goals for complete and connected development with urban form standards that would further improve the pedestrian experience along Rupple and provide opportunities for future commercial or mixed-use developments to serve the surrounding neighborhoods (goals 3 and 6). Property History: The subject property is currently unimproved and was annexed into the city in 2004 (Ord. No. 4588). At that time it was assigned RSF-1, Residential Single-Family 1 Unit per Acre. In 2006, the majority of the property was rezoned to C-1, Neighborhood Commercial subject to a Bill of Assurance (Ord. No. 4915) and phasing plan, but was subsequently not developed and the public street outlined in the Bill of Assurance to connect the residential development at the west to Rupple Road was not completed (attached below). Although it is somewhat unclear, it appears that the split zoned parcels originated at that time. Bill of Assurance from Ord. No. 4915: A rezoning to CS meets both the original intent for this property as envisioned in 2006, and Goals 1, 2, 3, and 6 of City Plan 2040 by emphasizing complete design, connectivity, and mixed-use or commercial development to serve the surrounding neighborhoods. Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 23 of 24 Parcels: 765-24083-000 & 765-24086-100 Current Zoning: C-1 Proposed Zoning: CS (Community Services) Dear Planning Commission, This request is to rezone parcels 765-24083-000 and 765-24086-100 from C-1 ( NEIGHBORHOOD COMMERCIAL), RSF-4 (RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE), RMF-12 (RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE), and RSF-8 (RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE) to CS (Community Services). The majority of the parcel is C-1. The existing C-1 zoning allows only commercial uses, limiting the site’s potential to serve as a well-integrated part of the surrounding neighborhood. Rezoning to Community Services will allow a more balanced mix of uses that can function as a transition between nearby residential properties and other commercial areas. The intent is not to eliminate commercial potential, but to broaden the site’s options so it can adapt to changing market conditions and community needs over time. The CS district supports small-scale commercial, office, and residential uses within a walkable, neighborhood-oriented framework. This flexibility will make it possible to create a vibrant, mixed-use environment that maintains the intent of neighborhood-scale commercial development while introducing compatible residential and live-work opportunities. Statement of Compatibility The proposed CS zoning is compatible with surrounding land uses and zoning patterns. It maintains commercial options allowed under C-1 while adding the possibility for mixed-use and residential components that strengthen neighborhood connectivity and support local businesses. The Community Services district can serve as a transition zone between residential and more intensive commercial areas—exactly the function these parcels provide. The scale and form permitted under CS will ensure that any future development remains pedestrian-oriented and context-sensitive, complementing adjacent residential areas while contributing to the overall walkability and livability of the corridor. In summary, this rezoning maintains neighborhood-serving commercial uses while adding a mixed-use component that creates a thoughtful transition between residential and commercial zones, supporting both economic and community goals. Thank you for your consideration. Wes Bates Planning Commission January 12, 2026 RZN-2025-0062 (RUPPLE RD LLC) Page 24 of 24 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-111 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: PZD-2025-0005: Planned Zoning District (N. CROSSOVER RD & E. ZION RD/THE MARKET AT CROSSOVER, 138): Submitted by CEI ENGINEERING for property located on N. CROSSOVER RD & E. ZION RD. in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.00 acres. The request is to rezone the property to a PLANNED ZONING DISTRICT. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is at the northeast corner of N. Crossover Road and where a proposed extension of E. Zion Road is underway in association with the Chandler Crossing subdivision. The property is currently zoned under a Planned Zoning District (PZD) and it received this designation in 2021 (Ord. 6421). Proposal: The applicant requests to rezone the property to a new Planned Zoning District with two planning areas, as described below: • Planning Area #1 (Commercial) – 7.00 acres: This area will encompass the West side of the development, and will allow for commercial uses, with the primary intention of developing a grocery store and a separate convenience store with fueling stations on the property. • Planning Area #2 (Detention and open space) – 2.00 acres: This area will encompass the east side of the property, and will set aside land for detention, drainage features, and natural spaces. Public Comment: Staff received inquiries about this proposal ahead of Planning Commission, but no direct comments regarding opposition or support. Individuals expressed some curiosity about the proposed use of the grocery store, suggesting it may be supported by the surrounding community. One member of the public spoke in opposition to the request at the Planning Commission meeting with concerns about drainage, and with concerns about the overall Chandler Crossing development. Land Use Compatibility: Staff finds that the proposed PZD is compatible with the surrounding land uses. The existing PZD allows for uses that primarily align with the CS zoning district, though also currently allows for gas stations and drive-thru restaurants by right. The current PZD also allows for residential uses by-right, which staff recommended incorporation of in to the applicant’s current proposal; the applicant took this feedback from Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov staff and Planning Commission, and has now incorporated multi-family as a by-right use in this zoning district. A key difference between the existing PZD requirements and the applicant’s proposal reflects standards more in line with a traditional zoning pattern with traditional setbacks, rather than an urban form with a build-to zone. There is, however, a strong, existing pattern of traditional setbacks along this portion of N. Crossover Road which may help justify this shift in this instance, rather than holding firm to the urban form standard here; the properties to the west and southwest on the other side of the intersection are built to traditional setbacks, and the properties to the north and south are built to a rural standard currently. Form-based zoning is meant to encourage development to address the street to create a more walkable and pedestrian-friendly environment. The applicant’s proposal will require that additional pedestrian-oriented elements and users of alternative forms of transportation are still accommodated at this site by writing higher-level requirements into their plans and requirements. Staff finds that this outcome will still benefit pedestrians and the surrounding community while still respecting the existing development pattern in the area. Land Use Plan Analysis: Staff finds that the proposed PZD is aligned with several goals of City Plan 2040, especially if mixed-use is still prioritized in the applicant’s request. The infill score of the property is 7 at the highest level, though the Future Land Use map designates this area as a City Neighborhood Area, which calls for commercial and mixed-use development along intersections and major corridors; the applicant’s proposal is directly in line with that goal. By providing heightened design standards at the property, orienting at least part of the use toward a proposed new trail along N. Crossover Road, and seeking to provide safe pedestrian walkways throughout the proposed parking lot, staff finds that the applicant’s request is compatible with the current land use surroundings. This proposal is an incremental step towards the overarching City’s goals. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 5-7 for this site. Elements contributing to the highest score include the following: • Adequate Fire Response (Station #5, 2979 N. Crossover Road) • Near Sewer Main (8” PVC and 10” DIP in N. Crossover Road) • Near Water Main (12” PVC) • Near City Park (Lake Fayetteville) • Near Paved Trail (On-Street Bike Facility on N. Crossover; Planned Off-street Facility) • Near ORT Bus Stop (N. Crossover Road) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the January 12, 2026 Planning Commission meeting, a vote of 6-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Payne made the motion, with Gulley seconding. Commissioner Werner voted in opposition, citing concerns in the discussion about whether the use was needed in this location, and issues with the removal of the form-based standards that currently govern the site. Commissioner McGetrick supported the applicant’s site plan and design standards but raised concerns about the broader amendment process for Chandler Crossing, the potential weakening of its master plan, and the need for clarity on how the proposal ensures the full development of Zion Road. Commissioners who voted in favor supported the applicant’s request, appreciating the applicant’s efforts to propose heightened design criteria and insert additional uses to promote the opportunity for mixed-use development in the future. Noting that the use was needed in this area, Commissioner Madden also stated that grocery stores outside of heavily urbanized areas were almost impossible to install without adequate parking and supported the applicant’s efforts to make the site as walkable as possible. One member of the public spoke in opposition to the request, expressing concerns about water and drainage, and continued opposition to Chandler Crossing. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Exhibit C PZD Booklet, 7. Planning Commission Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-111 AN ORDINANCE TO APPROVE A PLANNED ZONING DISTRICT ENTITLED PZD-2025-005 FOR APPROXIMATELY 9 ACRES LOCATED AT NORTH CROSSOVER ROAD AND EAST ZION ROAD IN WARD 3 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 PZD-2025-05 as described in Exhibits “A” (map), “B” (legal description), and “C” (PZD booklet) attached to the Planning Division’s Agenda Memo which allows the development of approximately 7 acres of commercial uses and 2 acres for detention, drainage features, and natural spaces. Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning criteria change provided in Section 1 above. 1/15/2026 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2026-111 Item ID 2/3/2026 City Council Meeting Date - Agenda Item Only PZD-2025-0005: Planned Zoning District (N. CROSSOVER RD & E. ZION RD/THE MARKET AT CROSSOVER, 138): Submitted by CEI ENGINEERING for property located on N. CROSSOVER RD & E. ZION RD. in WARD 3. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.00 acres. The request is to rezone the property to a PLANNED ZONING DISTRICT. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: AM A Z O N A V E ZION RD RANDAL PL DE X T E R A V E TO R R E N T A V E HILLSIDE TER LIMA ST JERSEY ST ZION RD ZION RD CROSSOVERRD CROSSOVER RD C-1 RSF-4 R-O R-A RPZD Regional Link Neighborhood Link Regional Link - High Activity Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Trail (Proposed) Close Up View PZD-2025-0005 N. CROSSOVER RD & E. ZION RD N 0 150 300 450 60075 Feet Subject Property 1:2,400 EXHIBIT A Subject Tract Description A part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), and part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) all in Section 19, Township 17 North, Range 29 West, Washington County, Arkansas, also being a part of the tract described at File Number 2021-00029879 in the public records of Washington County, Arkansas and being described by metes and bounds as follows: COMMENCING at a 5/8-inch rebar found at the Northeast Corner of said NE 1/4 of the SW 1/4 also being the Northeast Corner of said parent tract; THENCE along the North Line of said parent tract, North 87°44'49" West, passing through a 5/8-inch rebar at a distance of 155.20 feet and continuing for a total distance of 272.02 feet to a 5/8-inch rebar with cap LS#1618 also being the POINT OF BEGINNING; THENCE departing said North Line, South 02°19'45" West, 397.59 feet to a 5/8-inch rebar with cap LS#1618; THENCE North 87°41'00" West, 968.04 feet to a 5/8-inch rebar with cap LS#1618; THENCE Westerly along the arc of a curve to the right 31.83 feet, having a radius of 44.50 feet, through a central angle of 40°59'18", having a chord bearing and distance of North 67°11'50" West, 31.16 feet to a 5/8-inch rebar with cap LS#1618 set on the East Right-of-Way of North Crossover Road (AR Highway 265) per ARDOT Job #040518; THENCE along said East Right-of-Way the following three (3) courses: 1. North 08°21'32" East, 147.86 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 2. North 01°35'11" West, 226.14 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 3. North 00°54'23" West, 11.00 feet to a 5/8-inch rebar with cap LS#1618; THENCE along the North Line of said parent tract, South 87°52'19" East, passing through a 5/8-inch rebar with cap LS#1118 at a distance of 773.69 feet and continuing for a total distance of 888.09 feet to a 5/8-inch rebar with cap LS#1618; THENCE continuing along said North Line, South 87°44'49" East, passing through a 5/8-inch rebar at a distance of 66.70 feet and continuing for a total distance of 109.67 feet returning to the POINT OF BEGINNING containing 392,073 square feet or 9.00 acres, more or less. GIS Approved 01/07/2026 EXHIBIT B Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 2600 NE 11th St., Suite 300 Bentonville, AR 72712 Office: 479.273.9472 Toll-free: 1.800.433.4173 ceieng.com PLANNED ZONING DISTRICT BOOKLET PREPARED FOR: THE MARKET AT CROSSOVER CROSSOVER ROAD AND ZION ROAD FAYETTEVILLE, AR DATE: DECEMBER 2025 2 Table of Contents A. CURRENT OWNERSHIP ................................................................................................... 3 B. PROJECT SUMMARY ....................................................................................................... 3 C. GENERAL PROJECT CONCEPT ...................................................................................... 3 1) Street and Lot Layout: ...................................................................................................................... 3 2) Site Plan Showing Proposed Improvements.................................................................................... 3 3) Buffer Areas ..................................................................................................................................... 3 4) Tree Preservation Areas .................................................................................................................. 3 6) Undisturbed Natural Areas: .............................................................................................................. 3 8) Development and Architectural Design Standards .......................................................................... 4 9) Building Elevations ........................................................................................................................... 4 D. PROPOSED PLANNING AREAS (PA’s) ............................................................................ 4 E. PROPOSED ZONING STANDARDS ................................................................................. 4 F. PLANNING AREA ZONING CHARTS ................................................................................ 7 G. ANALYSIS OF SITE CHARACTERISTICS ......................................................................... 8 H. RECREATIONAL FACILITIES ............................................................................................ 8 I. REASON FOR THE REQUEST OF ZONING CHANGE ..................................................... 9 J. RELATION TO EXISTING AND SURROUNDING PROPERTIES ...................................... 9 K. FAYETTEVILLE COMPREHENSIVE LAND USE PLAN COMPLIANCE ...........................10 L. TRAFFIC STUDY ..............................................................................................................11 M. IMPACTS OF CITY SERVICES ........................................................................................11 N. CONCEPTUAL DESCRIPTIONS OF DEVELOPMENT STANDARDS ..............................11 1) Screening and Landscaping .......................................................................................................... 11 2) Traffic and Circulation: ................................................................................................................... 11 3) Parking Standards: ......................................................................................................................... 12 4) Perimeter Treatment ...................................................................................................................... 12 5) Sidewalks ....................................................................................................................................... 12 6) Streetlights ..................................................................................................................................... 12 7) Water .............................................................................................................................................. 12 8) Sewer ............................................................................................................................................. 12 9) Streets ............................................................................................................................................ 12 10) Construction of Nonresidential Facilities: ...................................................................................... 12 11) Tree Preservation .......................................................................................................................... 12 12) Architectural Design Standards: .................................................................................................... 12 13) Proposed Signage: ........................................................................................................................ 12 14) View Protection: ............................................................................................................................. 13 15) Covenants, Trust, and Homeowner Associations: ......................................................................... 13 O. PLANNED ZONING DISTRICT INTENT / PURPOSE .......................................................13 3 A. CURRENT OWNERSHIP The subject property comprises approximately 9.00 acres and is part of a larger 22.41-acre tract identified as Parcel ID 765-13219-000. The entire tract is presently owned by Chandler Crossing, LLC; however, the 9.00-acre portion is proposed to be sold to a national retailer represented by: CEI Engineering Associates, Inc. Watkins, Boyer, Gray & Curry, PLLC Candice Anderson William Kellstrom canderson@ceieng.com mwkellstrom@watkinslawoffice.com 2600 NE 11th St., Suite 300 1106 W. Poplar Bentonville, AR 72712 Rogers, AR 72756 B. PROJECT SUMMARY The proposed development will include two planning areas designed to serve as a destination for residents in the surrounding community. These areas will introduce essential grocery and fueling services that are currently limited or unavailable near the site, significantly improving convenience, walkability and addressing key needs for local residents. The project will incorporate substantial pedestrian and bicycle features intended to make this a walkable destination from the adjacent Chandler Crossing subdivision. All planning areas will incorporate accessibility enhancements and open space improvements to support a well-connected and community-focused environment. C. GENERAL PROJECT CONCEPT 1) Street and Lot Layout: The development will feature a detention basin positioned along the Eastern property line at the rear of the site, while the main store will face West to maximize visibility and accessibility. A compact convenience store will be strategically located at the Southwest corner of the property. Primary access will be provided via a newly constructed Central Neighborhood Link Street, extending east from the intersection of Crossover Road and Zion Road. Additionally, a right-in/right-out driveway will offer direct access to Crossover Road at the Northwest corner of the development, ensuring efficient traffic flow and connectivity. 2) Site Plan Showing Proposed Improvements: A site and master plan will be attached with this Booklet. 3) Buffer Areas Shall conform to all city standards with the UDC, unless otherwise noted. 4) Tree Preservation Areas: Tree preservation plans, and landscape plans will be required and submitted once development begins on any individual large scale or when a preliminary plat application and development plan is submitted. 5) Storm Water Detention Areas and Drainage will consist of one detention basin positioned along the Eastern property line at the rear of the site, within Planning Area 2. The drainage report will further detail the proposed system by which storm water will be carried through the development. 6) Undisturbed Natural Areas: The site has recently undergone earthwork and initial development activities and currently features minimal tree coverage and sparce vegetation. 4 7) Existing and Proposed Utility Connections and Extensions: Existing water and sanitary sewer mains are located at Crossover Road. 8) Development and Architectural Design Standards Shall conform to all city standards with the UDC, unless otherwise noted. 9) Building Elevations have been submitted with this application. D. PROPOSED PLANNING AREAS (PA’s) 1) Planning Area 1 (Commercial) – This 7.0 acre area will encompass the West side of the development. This district will be designed to provide grocery and fueling services to support the surrounding areas. 2) Planning Area 2 (Detention Basin) – This 2.0 acre area will encompass all the detention, drainage features, forested areas, natural areas, and recreational features. The zoning district is designed to permit and encourage the minimum amount of development, protect natural features, encompass all common open space. These planning areas will be described within Section E and Section F of this booklet, along with a map delineating the planning areas. The map will be attached as the Zoning and Development Standards by Planning Area map concurrently submitted with this booklet. E. PROPOSED ZONING STANDARDS 1) Planning Area 1 (Commercial) – 7.0 Acres The zoning within this portion of the PZD will be based largely on the existing C-1 (Neighborhood Commercial) zoning district, conforming to the standard non-urban form requirements. This district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. Commercial 1 Zoning District: Permitted uses by unit: Unit 1 City-wide uses by right Unit 13 Eating places Unit 15 Neighborhood shopping Unit 16 Shopping goods Unit 18 Gasoline service stations and drive-in-through restaurants Unit 25 Offices, Studios, and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals 5 Conditional uses by unit: Unit 2 City-wide uses by conditional permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies Non-Residential Intensity: · Acreage: 1.24 acres, Non-residential SF: 54,000 SF Bulk and area regulations: · Lot width minimum: None · Lot area minimum: None · Setback requirements: o Front 15 feet. 50 feet (if parking is allowed between the right-of -way and the building. o Side None 15’ (When contiguous to a single-family residential district) o Rear 20 feet · Height regulations: 5 Stories Site Planning: · Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Parking shall be associated with proposed use and will conform with Chapter 172 of the UDC, unless otherwise shown in the development plans. · Architectural design standards shall conform to building and development requirements within the UDC, unless otherwise shown in the development plans. · Signage allowed with the planning areas shall conform to large scale or non-large scale development requirements within UDC Chapter 174, unless otherwise shown in the development plans. · Additional Landscape Features: The development shall incorporate various bike, pedestrian, and landscape features, above the minimum requirements of the UDC, such as premium bike racks, seating areas, gathering spaces, streetscape enhancements, and improved pedestrian and bike connectivity features, as shown on the site plan, or as otherwise approved by Planning Staff. Waivers / Variances The applicant will submit for any required waivers or variances to the UDC during the large-scale development process. 6 2) Planning Area 2 (Detention Basin) – 2.0 Acres This area will encompass all the detention basin, drainage features, forested areas, natural areas, recreational features. The zoning district is designed to permit and encourage the minimum amount of development, protect natural features, encompass all common open space. Non-residential Zoning District: Permitted uses by unit: Unit 1 City-wide uses by right Unit 6 Agriculture Conditional uses by unit: Unit 2 City-wide uses by conditional permit Unit 4 Cultural and recreational facilities Non-Commercial Intensity: · Acreage: 0 acres, Non-residential SF: 0 SF Bulk and area regulations: · Lot width minimum: None · Lot area minimum: None · Setback requirements: o Front 35 feet. o Side 20 feet o Rear 35 feet · Height regulations: There shall be no maximum height limits within the planning area, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. · Building area: There shall be no building area lot requirements for open space, non-buildable, or detentions pond lots. Site Planning · Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Parking shall be associated with proposed use and will conform with Chapter 172 of the UDC, unless otherwise shown in the development plans. · Architectural design standards shall conform to building and development requirements within the UDC, unless otherwise noted. · Signage allowed with the planning areas shall conform to large scale or non-large scale development requirements within UDC Chapter 174, unless otherwise shown in the development plans. 7 Waivers / Variances The applicant will submit for any required waivers or variances to the UDC during the large-scale development process. F. PLANNING AREA ZONING CHARTS 1) Planning Area 1 (Commercial) – 7.0 Acres A breakdown of the proposed Planning Area 1 (Commercial) zoning district within the PZD versus the City of Fayetteville current PZD zoning of the property is provided in the following table. Regulation Current Zoning Proposed Zoning PZD, PA 1 (Commercial) PZD, PA 2 (Residential 1) PZD, PA 1 (Commercial) Density Non-residential SF – 269,900 None None Lot Width Minimum 18 feet for a dwelling, None for all other uses None Lot Area Minimum No minimum lot area None Setbacks Front: 10’-25’ Build to zone Side: 0’ or 15’ if contiguous to single family residential Rear: 0’ or 15’ if contiguous to single family residential Front: 15 feet 50 feet (if parking is allowed between the right- of -way and the building. Side: None 15’ (When contiguous to a single- family residential district) Rear: 20 feet Building Height Maximum 5 Stories 2 stories / 3 stories 5 Stories Building Area None None Minimum Buildable Street Frontage 50% of the Lot Width None None 8 2) Planning Area 2 (Detention Basin) – 2.0 Acres A breakdown of the proposed Planning Area 2 (Detention Basin) zoning district within the PZD versus the City of Fayetteville current PZD zoning of the property is provided in the following table. Regulation Current Zoning Proposed Zoning PZD, PA 2 (Residential 1) PZD, PA 2 (Detention Basin) Density None None Lot Width Minimum 18 feet for a dwelling None Lot Area Minimum None None Setbacks Front: 15 feet 50 feet (if parking is allowed between the right- of -way and the building. Side: None Front 35 feet. Side 20 feet Rear 35 feet Building Height Maximum 2 stories / 3 stories No maximum height* Building Area None None** * There shall be no maximum height limits within the planning area, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. ** There shall be no building area lot requirements for open space, non- buildable, or detentions pond lots. G. ANALYSIS OF SITE CHARACTERISTICS The proposed Planned Zoning District (PZD) encompasses a 9.00-acre tract of open land. The site has recently undergone earthwork and initial development activities and currently features minimal tree coverage and sparse vegetation. The topography gently slopes toward the Northeast. Additionally, offsite drainage from Crossover Road currently discharges onto the property and will need to be re-routed around the development to accommodate site planning and infrastructure. H. RECREATIONAL FACILITIES The development is a short drive down Zion Road from the Lake Fayetteville trails, connections to the Razorback Greenway, Veterans Park, The Lake Fayetteville ballfields and Marina, and the Botanical Garden of the Ozarks. 9 I. REASON FOR THE REQUEST OF ZONING CHANGE The proposed 9.00-acre tract is currently zoned as a Planned Zoning District (PZD). However, the proposed development overlaps multiple Planning Areas within the current PZD, and the current Planning Area 1 designation for commercial use, along with its bulk area regulations, does not align with the intended development plan. To better support the proposed development, and to align the development with City planning goals, the proposed PZD will largely follow C-1 zoning requirements, consistent with adjacent properties to the West. This approach will allow for the creation of a community destination that introduces essential services, including grocery and fueling options, which are currently lacking near the site. The development will enhance convenience, encourage alternative mode of transportation, such as walking and biking and meet key needs for residents in the surrounding area. J. RELATION TO EXISTING AND SURROUNDING PROPERTIES The proposed Planned Zoning District (PZD) is designed to complement and align with the existing C-1 commercial zoning regulations of the adjacent development to the West. To the South, the property is zoned PZD for commercial use, while the remaining surrounding properties are primarily residential in nature. Strategically located at the intersection of Crossover Road and Zion Road, this development is positioned to serve as a vibrant destination for nearby residents, offering essential services that are currently limited or unavailable within close proximity. The development is also intended to provide walkable shopping for daily necessities to the proposed residential development in Chander Crossing PZD. The introduction of grocery and fueling services will significantly enhance convenience and meet critical daily needs for the local community. By bridging the gap between residential areas and commercial amenities, the proposed PZD will contribute to a more balanced and accessible neighborhood environment. Access to the site will be provided via designated entry points along Crossover Road, ensuring efficient traffic flow. A comprehensive traffic study will be submitted with the preliminary plat plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. Signage within the proposed PZD will be thoughtfully designed to reflect the character and quality of surrounding developments. High-quality pylon and monument signs will be utilized, and all signage will comply with the standards outlined in Chapter 174 of the Unified Development Code (UDC). 10 K. FAYETTEVILLE COMPREHENSIVE LAND USE PLAN COMPLIANCE The proposed Planned Zoning District (PZD) is located within the City Neighborhood Area. While the development does not include a residential component, it will be designed to support the growth and vitality of surrounding residential neighborhoods, such as the adjacent Chander Crossing PZD. Positioned at the key intersection of Crossover Road and Zion Road, the site will serve as a dynamic commercial hub, offering essential services such as grocery and fueling options that are currently limited or unavailable nearby. This will significantly improve convenience and quality of life for residents. In addition to vehicular access, the development will incorporate pedestrian and bike friendly design elements and establish direct connections to the City’s trail system. These enhancements will promote walkability, encourage alternative transportation options, and ensure safe, convenient access for residents in adjacent neighborhoods. By integrating with the broader mobility network, the PZD will foster a more connected and accessible community environment. The development will be carefully designed to minimize and mitigate potential adverse impacts on adjacent residential areas. A range of strategies will be implemented to ensure compatibility and preserve neighborhood character, including: · Traffic Management: A comprehensive traffic study will be conducted to assess trip generation and distribution. Access points will be strategically placed to minimize congestion and avoid cut-through traffic in residential areas. · Noise Reduction: Site layout will be planned to limit noise impacts. Landscaping buffers and sound attenuation measures will be incorporated where necessary. Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Visual Appearance: Architectural design and materials will reflect high-quality standards and complement surrounding developments. Landscaping and screening will be used to soften visual impacts and enhance aesthetics. · Lighting Control: Outdoor lighting will be directed downward and shielded to prevent light spillover into adjacent residential properties, in compliance with chapter 176 of the code of Ordinances for the City of Fayetteville. · Drainage and Stormwater Management: A dedicated detention basin planning area will be included to manage stormwater runoff effectively, ensuring no negative impact on neighboring properties. These measures collectively aim to create a well-integrated development that enhances the surrounding community while respecting the character and needs of nearby residential areas. 11 L. TRAFFIC STUDY A comprehensive traffic study will be submitted with the large-scale development plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. M. IMPACTS OF CITY SERVICES The proposed development will be supported utility infrastructure designed to meet both current and future needs. An 8-inch water main will be installed to service the site, including the placement of appropriately spaced fire hydrants to ensure adequate fire protection. This water main will connect to an existing 12- inch main along Crossover Road, allowing for extended service to adjacent parcels and supporting broader utility integration. Sanitary sewer service will be provided via an 8-inch gravity sewer system, which will tie into an existing 10-inch sewer line located along Crossover Road. Preliminary coordination with Fayetteville Utilities has indicated that sewer capacity, hydrant flow, and water pressure in the area are sufficient to support the proposed development without concern. Additional city services impacted by the development include fire, police, and sanitation. Emergency services will have direct access to all commercial buildings via the internal street network and surrounding drive aisles. Fire hydrants will be strategically located along street frontages and drive aisles to ensure access in the event of an emergency. Trash collection services will be accommodated through screened dumpster areas located near the rear of each commercial building, maintaining both functionality and visual appeal. N. CONCEPTUAL DESCRIPTIONS OF DEVELOPMENT STANDARDS The development standards and conditions for the proposed Planned Zoning District (PZD) are being established to ensure compatibility with surrounding land uses, promote cohesive and contiguous development, promote alternative modes of transportation like walking and biking, and enhance the overall functionality and appeal of the area. While the PZD is commercially focused, its design will contribute to a high-quality built environment that supports nearby residential growth and public infrastructure. The intent is to create a well-integrated commercial destination that aligns with community expectations for design, accessibility, and environmental quality, while also protecting public investments and reinforcing the long-term vision for the district. 1) Screening and Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. 12 2) Traffic and Circulation: A comprehensive traffic study will be submitted with the preliminary plat plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. 3) Parking Standards: Parking shall be associated with proposed use and will conform to Chapter 172 in the UDC, unless otherwise shown in the development plans. 4) Perimeter Treatment shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the developer to ensure long-term visual quality and environmental performance. 5) Sidewalks shall follow a standard throughout the development. Typical sidewalk shall follow the Master Street plan for each street section (ex: Residential Link, Neighborhood Link). Sidewalks shall all meet Master Street Plan requirements. 6) Streetlights shall be of a uniform type throughout the development. All streetlights shall be full cut-off fixtures, and a lighting system shall appropriately light all public areas. All streetlights shall be per Ozark Electric Cooperative and meet UDC code 166.04(B)(3)(g) 7) Water mains and services shall be provided for each commercial building. Water mains shall be per Fayetteville 2017 Water and Sewer Specifications, utilizing an 8” AWWA C900 PVC, DR14 material. Water services shall follow these same specifications for meters and service lines. 8) Sewer services shall be provided for each commercial building. Sewer mains shall be per Fayetteville 2017 Water and Sewer Specifications, utilizing an 8” PVC SDR 26. Sewer services shall follow these same specifications for any service lines. 9) Streets shall conform to City of Fayetteville minimum street standards. Street design shall be reviewed by the Engineering department from the City of Fayetteville. Drainage and storm design will be provided on the attached site design/master plan. Drainage and storm design will be reviewed by the Engineering Department from the City of Fayetteville. 10) Construction of Nonresidential Facilities: Any non-residential facilities not proposed with this application will follow all applicable Non-Residential Design Standards (UDC chapter 166.24 & 166.25), Large scale development standards, or non-large scale development standards where applicable. 11) Tree Preservation plans and landscape plans will be required and submitted once development begins on any individual large scale or when a preliminary plat application and development plan is submitted. 12) Architectural Design Standards: For non-residential structures and commercial areas, the architectural design will not be defined in this booklet. Any commercial buildings within Planning Area 1 will be submitted by Large Scale Development application and subject to city code, and any non- residential structures shall conform to all city standards with the UDC, unless otherwise shown in the development plans. 13) Proposed Signage: Signage will not be allowed except for what is already stated in the Planning Areas section of this Booklet. Any applicable signage to be proposed will conform to all regulations in the City of Fayetteville’s ordinances UDC 174, unless otherwise shown in the development plans. 13 14) View Protection: View protection shall be considered if any proposed work is to occur outside the scope of the proposed PZD and its master plan. 15) Covenants, Trust, and Homeowner Associations: It is not anticipated at the time that the development will be subject to any protective covenants or owners associations. O. PLANNED ZONING DISTRICT INTENT / PURPOSE The intent of the proposed commercial development is to align with the goals and vision outlined in the City of Fayetteville’s 2040 Land Use Plan for the City Neighborhood Area. This project is designed to create a vibrant, accessible destination that serves the surrounding residential community by introducing essential services such as grocery and fueling options. These services are currently limited or unavailable near the site, and their inclusion will significantly improve convenience and meet key daily needs for local residents. By thoughtfully integrating land use, accessibility, and service offerings, the development will contribute to a completer and more connected neighborhood environment, supporting both current and future growth in the area. BM # 1 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 9 5 7 . 3 8 E: 6 8 6 , 8 8 6 . 7 5 El e v . = 1 2 8 4 . 0 2 ' X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X BM # 2 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 3 0 0 . 9 2 E: 6 8 6 , 8 9 4 . 5 4 El e v . = 1 2 8 6 . 6 1 ' 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R SE C . 1 9 164.12' XX X X X X X 1, 2 6 9 . 7 9 ' P. U . E . ( S O U T H ) FI L E # 2 0 1 2 - 0 0 0 2 1 1 4 6 CI T Y O F F A Y E T T E V I L L E PA R C E L # 7 6 5 - 1 3 2 1 8 - 0 0 0 ST O N E R , G A R Y R R E V O C A B L E T R U S T FI L E # 2 0 1 6 - 0 0 0 2 7 5 5 9 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 0 BE N E V O L E N T B U I L D I N G C O R P O R A T I O N DE E D B K . 9 3 , P G . 0 5 0 1 1 ZO N E : R - A SURVEY FILE #2022-00020057 PARCEL #765-13219-100 CHANDLER CROSSING LLC FILE #2021-00033609 ZONE: RPZD LO T 3 NO R T H S I D E A C R E S JO R G E N S E N R E V O C A B L E T R U S T D A V I D & RA M O N A J O R G E N S E N PA R C E L # 7 6 5 - 0 8 8 7 1 - 0 0 0 FI L E # 2 0 1 5 - 0 0 0 2 7 1 4 6 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 6 - 0 0 0 FU L L E R F A M I L Y T R U S T R A Y M O N D E & NA N C Y B F U L L E R FI L E # 2 0 2 0 - 0 0 0 4 7 8 3 4 ZO N E : R - A PA R T O F L O T S 4 & 5 NO R T H S I D E A C R E S PA R C E L # 7 6 5 - 0 8 8 7 3 - 0 0 0 FE R G U S O N , L I N D A S FI L E # 2 0 0 5 - 0 0 0 4 8 6 3 0 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 3 RO B L E S , V I C T O R J & M A R T H A A ; RO B L E S , L I S S E T T E A N E L FI L E # 2 0 2 3 - 0 0 0 2 0 9 0 6 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 4 DI E T E R L E , B R I A N D FI L E # 2 0 1 1 - 0 0 0 0 8 2 8 5 FI L E # 2 0 1 0 - 0 0 0 2 7 0 2 8 FI L E # 2 0 1 0 - 0 0 0 2 2 9 8 7 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 1 CO O P E R , J A M E S & K A T H Y RE V O C A B L E T R U S T FI L E # 2 0 1 3 - 0 0 0 2 0 6 1 1 DE E D 2 0 0 0 0 6 2 2 9 1 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 8 5 9 2 - 0 0 0 BE N E V O L E N T B U I L D I N G C O R P O R A T I O N DE E D B K . 9 3 , P G . 0 5 0 1 1 ZO N E : R - A PA R E N T T R A C T PA R C E L # 7 6 5 - 1 3 2 1 9 - 0 0 0 CH A N D L E R C R O S S I N G , L L C FI L E # 2 0 2 1 - 0 0 0 2 9 8 7 9 ZO N E : R P Z D 97 6 , 0 1 4 S Q . F T . ± OR 2 2 . 4 1 A C . ± SU B J E C T T R A C T 39 2 , 0 7 3 S Q . F T . ± OR 9 . 0 0 A C . ± IR O N P I N IR O N P I N PL P E R AR D O T PL A N S DE T A I L " A " DE T A I L " B " UT I L I T Y E A S E M E N T CI T Y O F F A Y E T T E V I L L E DE E D 9 3 - 7 2 6 9 8 P. U . E . ( N O R T H ) FI L E # 2 0 1 2 - 0 0 0 2 1 1 4 6 CI T Y O F F A Y E T T E V I L L E 25 ' P E R M A N E N T G A S E S M T FI L E # 2 0 1 1 - 0 0 0 3 2 0 0 3 SO U R C E G A S A R K A N S A S I N C . (W E S T ) (1 2 8 8 . 2 2 ' ) (E A S T ) (3 8 3 . 5 6 ' ) (S00°49'E)(200') (9 1 5 . 9 2 ' ) (E A S T ) (N00°22'W) (824.36') (N01°35'11"W)(226.14') (N08°21'32"E) (164.12') SE1 / 4 , N W 1 / 4 SEC T I O N 1 9 T17 N , R 2 9 W P. O . B . 1" P I P E CE N . W 1 / 1 6 C O R . SE C . 1 9 T1 7 N , R 2 9 W PE R A R D O T R/ W P L A N S NO T F O U N D 14 7 . 0 ' R / W 14 8 . 4 ' R / W 83 . 3 ' N. CROSSOVER RD. (HWY. 265) VARIABLE WIDTH R/W PUBLIC (ASPHALT) PER ARDOT JOB #040518 N. CROSSO V E R R D . (HWY. 26 5 ) VARIABLE W I D T H R / W PUBLIC (A S P H A L T ) PER ARDO T J O B # 0 4 0 5 1 8 4.4' 11.3' 18.2' 20 . 3 ' 1. 2 ' AP P R O X I M A T E 4 0 ' G A S E A S E M E N T PE R B K . 6 8 9 , P G . 3 6 4 AP P R O X I M A T E 4 0 ' G A S E A S E M E N T PE R B K . 6 8 9 , P G . 3 6 4 RI G H T O F W A Y G R A N T DE E D B K . 8 1 1 , P G . 3 9 OZ A R K S E L E C T R I C C O O P E R A T I V E C O R P O R A T I O N 821.24' S8 7 ° 3 6 ' 3 4 " E 92 5 . 4 1 ' 200.00'S00°45'46"W S8 8 ° 2 5 ' 1 4 " E 37 6 . 9 5 ' 126.75' N02°16'41"E S02°42'30"WS22°40 ' 4 2 " W 101.41 ' 16 . 2 6 ' L1 N02°16'41"E 1316.71' 27 2 . 0 2 ' NE1 / 4 , S W 1 / 4 SEC T I O N 1 9 T17 N , R 2 9 W S02°19'45"W 397.59' N8 7 ° 4 1 ' 0 0 " W 9 6 8 . 0 4 ' C1 N08°21'32"E 1 4 7 . 8 6 ' N01°35'11"W 226.14' L2 S8 7 ° 5 2 ' 1 9 " E 8 8 8 . 0 9 ' S8 7 ° 4 4 ' 5 0 " E 1 0 9 . 6 7 ' 88 8 . 0 9 ' 73 . 0 ' 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R 5/ 8 " R E B A R 1" P I P E LE A N I N G 1/ 2 " R E B A R CA P 1 6 9 8 5/ 8 " R E B A R 1/ 2 " R E B A R 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R W / 2 " AL U M I N U M C A P A R D O T FU T U R E Z I O N R D EX T E N S I O N B Y O T H E R S 5/ 8 " R E B A R N: 6 6 0 , 2 8 7 . 9 8 E: 6 8 7 , 3 2 6 . 0 8 5/ 8 " R E B A R N: 6 6 0 , 2 9 8 . 3 7 E: 6 8 6 , 9 4 9 . 2 7 T 1" P I P E CE N . W 1 / 1 6 CO R . SE C . 1 9 T1 7 N , R 2 9 W PE R A R D O T R/ W P L A N S NO T F O U N D L1 L2 1" P I P E LE A N I N G N3 0 ° 0 0 ' 3 2 " W 0. 8 3 ' 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R . SE C . 1 9 Pr o p e r t y C u r v e T a b l e Cu r v e # C1 Ra d i u s 44 . 5 0 ' Le n g t h 31 . 8 3 ' De l t a 40 ° 5 9 ' 1 8 " Ch o r d B e a r i n g N6 7 ° 1 1 ' 5 0 " W Ch o r d D i s t a n c e 31 . 1 6 ' Li n e T a b l e Li n e # L1 L2 Di r e c t i o n N8 8 ° 1 9 ' 5 3 " W N0 0 ° 5 4 ' 2 3 " W Le n g t h 33 . 8 6 ' 11 . 0 0 ' CE I E N G I N E E R I N G A S S O C I A T E S , I N C . Pr e l i m i n a r y T h i s d o c u m e n t s h a l l no t b e r e c o r d e d f o r a n y pu r p o s e a n d s h a l l n o t be u s e d o r v i e w e d o r re l i e d u p o n a s a f i n a l su r v e y d o c u m e n t SH E E T N U M B E R SH E E T T I T L E OF CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D FI E L D W O R K DE S I G N E R RE V I S I O N © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 Su r v e y S h e e t N Crossover Rd. & Zion Rd. City of Fayetteville, Washington County, Arkansas 1 3RE V - 1 12 / 2 3/2 0 2 5 34 1 2 6 TL P EM DG R CO R P O R A T E T B P L S F I R M # 1 0 0 3 1 5 0 0 30 3 0 L B J F R E E W A Y , S U I T E 9 2 0 DA L L A S , T X 7 5 2 3 4 PH O N E : (9 7 2 ) 4 8 8 - 3 7 3 7 FA X : (9 7 2 ) 4 8 8 - 6 7 3 2 Boundary Survey for The Market at Crossover X X X CE I E n g i n e e r i n g As s o c i a t e s , I n c . No . 1 1 8 CERTIFICATE OF AUTHORIZAT ION ARKANSAS ENGINEER SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 De t a i l " A " Sc a l e : 1 " = 3 0 ' De t a i l " B " Sc a l e : 1 " = 5 ' TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S Le g e n d Bo u n d a r y L i n e Ad j o i n i n g B o u n d a r y L i n e Ri g h t - o f - W a y L i n e Ea s e m e n t L i n e Re c o r d B e a r i n g & D i s t a n c e p e r De e d F i l e # 2 0 2 1 - 0 0 0 2 9 8 7 9 Ce n t e r l i n e Ba r b W i r e F e n c e L i n e Be n c h m a r k ( B M ) Fo u n d M o n u m e n t ( A s N o t e d ) Tr a f f i c S i g n ( T y p e o f S i g n ) (X X X X ) Bo l l a r d / G u a r d P o s t Tr a f f i c L i g h t ( 1 L a m p ) Tr a f f i c L i g h t ( 2 L a m p s ) Tr a f f i c L i g h t ( 3 L a m p s ) Re i n f o r c e d C o n c r e t e P i p e RC P Br e a k L i n e Fl o w L i n e Fo u n d P i p e ( A s n o t e d ) Se c t i o n L i n e ( 1 / 4 ) Fe n c e P o s t ( W o o d ) Fo u n d 5 / 8 " R e b a r w i t h 2 " A l u m i n u m Ca p L S 1 7 1 0 ( u n l e s s o t h e r w i s e n o t e d ) Ri g h t - o f - W a y R/ A part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), and part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) all in Section 19, Township 17 North, Range 29 West, Washington County, Arkansas, also being a part of the tract described at File Number 2021-00029879 in the public records of Washington County, Arkansas and being described by metes and bounds as follows: COMMENCING at a 5/8-inch rebar found at the Northeast Corner of said NE 1/4 of the SW 1/4 also being the Northeast Corner of said parent tract; THENCE along the North Line of said parent tract, North 87°44'49" West, passing through a 5/8-inch rebar at a distance of 155.20 feet and continuing for a total distance of 272.02 feet to a 5/8-inch rebar with cap LS#1618 also being the POINT OF BEGINNING; THENCE departing said North Line, South 02°19'45" West, 397.59 feet to a 5/8-inch rebar with cap LS#1618; THENCE North 87°41'00" West, 968.04 feet to a 5/8-inch rebar with cap LS#1618; THENCE Westerly along the arc of a curve to the right 31.83 feet, having a radius of 44.50 feet, through a central angle of 40°59'18", having a chord bearing and distance of North 67°11'50" West, 31.16 feet to a 5/8-inch rebar with cap LS#1618 set on the East Right-of-Way of North Crossover Road (AR Highway 265) per ARDOT Job #040518; THENCE along said East Right-of-Way the following three (3) courses: 1 .North 08°21'32" East, 147.86 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 2 .North 01°35'11" West, 226.14 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 3 .North 00°54'23" West, 11.00 feet to a 5/8-inch rebar with cap LS#1618; THENCE along the North Line of said parent tract, South 87°52'19" East, passing through a 5/8-inch rebar with cap LS#1118 at a distance of 773.69 feet and continuing for a total distance of 888.09 feet to a 5/8-inch rebar with cap LS#1618; THENCE continuing along said North Line, South 87°44'49" East, passing through a 5/8-inch rebar at a distance of 66.70 feet and continuing for a total distance of 109.67 feet returning to the POINT OF BEGINNING containing 392,073 square feet or 9.00 acres, more or less. La t i t u d e : 3 6 ° 7 ' 4 7 " N Lo n g i t u d e : 9 4 ° 6 ' 5 7 " W JO Y C E B L V D VI C I N I T Y M A P NO T T O S C A L E AP P R O X I M A T E S T R E E T L O C A T I O N S B A S E D O N CI T Y O F F A Y E T T E V I L L E M A S T E R S T R E E T P L A N JO Y C E B L V D CROSSOVER RD OAKLAND ZION RDOLD WIRE RD OLD MISSOURI RD E. Z I O N R D SI T E N. CROSSOVER RD LA K E FA Y E T T E V I L L E FAYETTEVILLE CITY LIMITS ZI O N R D Su b j e c t T r a c t D e s c r i p t i o n BM # 1 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 9 5 7 . 3 8 E: 6 8 6 , 8 8 6 . 7 5 El e v . = 1 2 8 4 . 0 2 ' X X X X X X X X X X X X X X X X X X X X X X X X X X X X W GAS GAS GAS GASGASGASGAS GA S UGE UG E T E E E E E 8' ' S S 8' ' S S 10''SS 10''SS 10''SS 8''SS 8''SS 10 ' ' S S 10 ' ' S S 8''SS X X X X X BM # 2 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 3 0 0 . 9 2 E: 6 8 6 , 8 9 4 . 5 4 El e v . = 1 2 8 6 . 6 1 ' D D D D D DD D D SS S S 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R SE C . 1 9 G E E XX X X X X X OH E IR O N P I N IR O N P I N PL P E R AR D O T PL A N S P. O . B . N. CROSSOVER RD. (HWY. 265) VARIABLE WIDTH R/W PUBLIC (ASPHALT) PER ARDOT JOB #040518 N. CROSS O V E R R D . (HWY. 26 5 ) VARIABLE W I D T H R / W PUBLIC (A S P H A L T ) PER ARDO T J O B # 0 4 0 5 1 8 PL A N N I N G A R E A 1 (C O M M E R C I A L ) PL A N N I N G A R E A 2 (D E T E N T I O N B A S I N ) 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R 5/ 8 " R E B A R 1" P I P E LE A N I N G 1/ 2 " R E B A R CA P 1 6 9 8 5/ 8 " R E B A R 1/ 2 " R E B A R 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R W / 2 " AL U M I N U M C A P A R D O T FU T U R E Z I O N R D EX T E N S I O N B Y O T H E R S 5/ 8 " R E B A R N: 6 6 0 , 2 8 7 . 9 8 E: 6 8 7 , 3 2 6 . 0 8 5/ 8 " R E B A R N: 6 6 0 , 2 9 8 . 3 7 E: 6 8 6 , 9 4 9 . 2 7 CE I E N G I N E E R I N G A S S O C I A T E S , I N C . SH E E T N U M B E R SH E E T T I T L E OF CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D FI E L D W O R K DE S I G N E R RE V I S I O N © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 Pl a n n i n g A r e a s E x h i b i t N Crossover Rd. and Zion Rd. City of Fayetteville, Washington County, Arkansas 2 3RE V - 1 01/14/2 0 2 6 34 1 2 6 TL P EM DG R CO R P O R A T E T B P L S F I R M # 1 0 0 3 1 5 0 0 30 3 0 L B J F R E E W A Y , S U I T E 9 2 0 DA L L A S , T X 7 5 2 3 4 PH O N E : (9 7 2 ) 4 8 8 - 3 7 3 7 FA X : (9 7 2 ) 4 8 8 - 6 7 3 2 Zoning and Development Standards by Planning Area The Market at Crossover TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S Pl a n n i n g A r e a 1 ( C o m m e r c i a l ) - 7 . 0 A c r e s Pl a n n i n g A r e a 2 ( D e t e n t i o n B a s i n) - 2 . 0 A c r e s X X X Le g e n d Bo u n d a r y L i n e Ad j o i n i n g B o u n d a r y L i n e Ri g h t - o f - W a y L i n e Ea s e m e n t L i n e Re c o r d B e a r i n g & D i s t a n c e p e r De e d F i l e # 2 0 2 1 - 0 0 0 2 9 8 7 9 Ce n t e r l i n e Ba r b W i r e F e n c e L i n e Be n c h m a r k ( B M ) Fo u n d M o n u m e n t ( A s N o t e d ) Tr a f f i c S i g n ( T y p e o f S i g n ) (X X X X ) Bo l l a r d / G u a r d P o s t Tr a f f i c L i g h t ( 1 L a m p ) Tr a f f i c L i g h t ( 2 L a m p s ) Tr a f f i c L i g h t ( 3 L a m p s ) Re i n f o r c e d C o n c r e t e P i p e RC P Br e a k L i n e Fl o w L i n e Fo u n d P i p e ( A s n o t e d ) Se c t i o n L i n e ( 1 / 4 ) Fe n c e P o s t ( W o o d ) Fo u n d 5 / 8 " R e b a r w i t h 2 " A l u m i n u m Ca p L S 1 7 1 0 ( u n l e s s o t h e r w i s e n o t e d ) Ri g h t - o f - W a y R/ W PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 7. 0 A c r e s 2. 0 A c r e s RO P O S E D Z O N I N G S T A N D A R D S Pl a n n i n g A r e a 1 ( C o m m e r c i a l ) – 7 . 0 A c r e s Th e z o n i n g w i t h i n t h i s p o r t i o n o f t h e P Z D w i l l b e b as e d l a r g e l y o n t h e e x i s t i n g C- 1 ( N e i g h b o r h o o d C o m m e r c i a l ) z o n i n g d i s t r i c t , c o n f or m i n g t o t h e s t a n d a r d no n - u r b a n f o r m r e q u i r e m e n t s . T h i s d i s t r i c t i s d e s i g ne d p r i m a r i l y t o p r o v i d e co n v e n i e n c e g o o d s a n d p e r s o n a l s e r v i c e s f o r p e r s o n s l i v i n g i n t h e su r r o u n d i n g r e s i d e n t i a l a r e a s . Co m m e r c i a l 1 Z o n i n g D i s t r i c t : Pe r m i t t e d u s e s b y u n i t : Un i t 1 Ci t y -wi d e u s e s b y r i g h t Un i t 1 3 Ea t i n g p l a c e s Un i t 1 5 Ne i g h b o r h o o d s h o p p i n g Un i t 1 6 Sh o p p i n g g o o d s Un i t 1 8 Ga s o l i n e s e r v i c e s t a t i o n s a n d dr i v e -in -th r o u g h r e s t a u r a n t s Un i t 2 5 Of f i c e s , S t u d i o s , a n d r e l a t e d s e r v i c e s Un i t 2 6 Mu l t i -fa m i l y d w e l l i n g s Un i t 4 0 Si d e w a l k C a f e s Un i t 4 4 Cl u s t e r H o u s i n g D e v e l o p m e n t Un i t 4 5 Sm a l l s c a l e p r o d u c t i o n Un i t 4 6 Sh o r t -te r m r e n t a l s Co n d i t i o n a l u s e s b y u n i t : Un i t 2 Ci t y -wi d e u s e s b y co n d i t i o n a l p e r m i t Un i t 3 Pu b l i c p r o t e c t i o n a n d u t i l i t y f a c i l i t i e s Un i t 4 Cu l t u r a l a n d r e c r e a t i o n a l f a c i l i t i e s Un i t 3 4 Li q u o r s t o r e s Un i t 3 5 Ou t d o o r m u s i c e s t a b l i s h m e n t s Un i t 3 6 Wi r e l e s s c o m m u n i c a t i o n s f a c i l i t i e s Un i t 4 2 Cl e a n te c h n o l o g i e s No n - R e s i d e n t i a l I n t e n s i t y : · A c r e a g e : 1 . 2 4 a c r e s , N o n - r e s i d e n t i a l S F : 5 4 , 0 0 0 S F Bu l k a n d a r e a r e g u l a t i o n s : · L o t w i d t h m i n i m u m : N o n e · L o t a r e a m i n i m u m : N o n e · S e t b a c k r e q u i r e m e n t s : o F r o n t 1 5 f e e t . 50 f e e t ( i f p a r k i n g i s a l l o w e d b e t w e e n t h e r i g h t - o f - w a y a n d th e b u i l d i n g . o S i d e N o n e 15 ’ ( W h e n c o n t i g u o u s t o a s i n g l e - f a m i l y r e s i d e n t i a l d i s t r i c t ) o R e a r 2 0 f e e t · H e i g h t r e g u l a t i o n s : 5 S t o r i e s Si t e P l a n n i n g : · La n d s c a p i n g t h r o u g h o u t t h e d e v e l o p m e n t s h a l l c o m p l y w i t h C h a p t er 17 7 o f t h e U n i f i e d D e v e l o p m e n t C o d e ( U D C ) a n d w i l l be m a i n t a i n e d b y th e p r o p e r t y o w n e r t o e n s u r e l o n g - t e r m v i s u a l q u a l i ty a n d en v i r o n m e n t a l p e r f o r m a n c e . · Pa r k i n g s h a l l b e a s s o c i a t e d w i t h p r o p o s e d u s e a n d w i l l c o n fo r m w i t h Ch a p t e r 1 7 2 o f t h e U D C , u n l e s s o t h e r w i s e s h o w n i n t he d e v e l o p m e n t pl a n s . · Ar c h i t e c t u r a l d e s i g n s t a n d a r d s s h a l l c o n f o r m t o b u i l d i n g a n d de v e l o p m e n t r e q u i r e m e n t s w i t h i n t h e U D C , u n l e s s o t h er w i s e s h o w n i n th e d e v e l o p m e n t p l a n s . · Si g n a g e a l l o w e d w i t h t h e p l a n n i n g a r e a s s h a l l c o n f o r m t o l ar g e s c a l e or n o n - l a r g e s c a l e d e v e l o p m e n t r e q u i r e m e n t s w i t h i n UD C C h a p t e r 1 7 4 , un l e s s o t h e r w i s e s h o w n i n t h e d e v e l o p m e n t p l a n s . · Ad d i t i o n a l L a n d s c a p e F e a t u r e s : T h e d e v e l o p m e n t s h a l l i n c o r p o r a t e va r i o u s b i k e , p e d e s t r i a n , a n d l a n d s c a p e f e a t u r e s , a bo v e t h e m i n i m u m re q u i r e m e n t s o f t h e U D C , s u c h a s p r e m i u m b i k e r a c k s , s e a t i n g a r e a s , ga t h e r i n g s p a c e s , s t r e e t s c a p e e n h a n c e m e n t s , a n d i m p ro v e d pe d e s t r i a n a n d b i k e c o n n e c t i v i t y f e a t u r e s , a s s h o w n o n t h e s i t e p l a n , o r as o t h e r w i s e a p p r o v e d b y P l a n n i n g S t a f f . P l a n n i n g A r e a 2 ( D e t e n t i o n B a s i n ) – 2 . 0 A c r e s Th i s a r e a w i l l e n c o m p a s s a l l t h e d e t e n t i o n b a s i n , d ra i n a g e f e a t u r e s , f o r e s t e d ar e a s , n a t u r a l a r e a s , r e c r e a t i o n a l f e a t u r e s . T h e z o ni n g d i s t r i c t i s d e s i g n e d t o pe r m i t a n d e n c o u r a g e t h e m i n i m u m a m o u n t o f d e v e l o p m en t , p r o t e c t n a t u r a l fe a t u r e s , e n c o m p a s s a l l c o m m o n o p e n s p a c e . No n - r e s i d e n t i a l Z o n i n g D i s t r i c t : Pe r m i t t e d u s e s b y u n i t : Un i t 1 Ci t y -wi d e u s e s b y r i g h t Un i t 6 Ag r i c u l t u r e Co n d i t i o n a l u s e s b y u n i t : Un i t 2 Ci t y -wi d e u s e s b y c o n d i t i o n a l p e r m i t Un i t 4 Cu l t u r a l a n d re c r e a t i o n a l f a c i l i t i e s No n - C o m m e r c i a l I n t e n s i t y : · A c r e a g e : 0 a c r e s , N o n - r e s i d e n t i a l S F : 0 S F Bu l k a n d a r e a r e g u l a t i o n s : · L o t w i d t h m i n i m u m : N o n e · L o t a r e a m i n i m u m : N o n e · S e t b a c k r e q u i r e m e n t s : o F r o n t 3 5 f e e t . o S i d e 2 0 f e e t o R e a r 3 5 f e e t · H e i g h t r e g u l a t i o n s : T h e r e s h a l l b e n o m a x i m u m h e i g ht l i m i t s w i t h i n t h e pl a n n i n g a r e a , i f a b u i l d i n g e x c e e d s t h e h e i g h t o f on e ( 1 ) s t o r y , t h e po r t i o n o f t h e b u i l d i n g o v e r o n e ( 1 ) s t o r y s h a l l h a ve a n a d d i t i o n a l se t b a c k f r o m a n y b o u n d a r y l i n e o f a n a d j a c e n t r e s i d en t i a l d i s t r i c t . T h e am o u n t o f a d d i t i o n a l s e t b a c k f o r t h e p o r t i o n o f t h e b u i l d i n g o v e r o n e ( 1 ) st o r y s h a l l b e e q u a l t o t h e d i f f e r e n c e b e t w e e n t h e to t a l h e i g h t o f t h a t po r t i o n o f t h e b u i l d i n g a n d o n e ( 1 ) s t o r y . · B u i l d i n g a r e a : T h e r e s h a l l b e n o b u i l d i n g a r e a l o t r e q u i r e m e n t s f o r op e n s p a c e , n o n - b u i l d a b l e , o r d e t e n t i o n s p o n d l o t s . Si t e P l a n n i n g · La n d s c a p i n g t h r o u g h o u t t h e d e v e l o p m e n t s h a l l c o m p l y w i t h C h a p t er 17 7 o f t h e U n i f i e d D e v e l o p m e n t C o d e ( U D C ) a n d w i l l be m a i n t a i n e d b y th e p r o p e r t y o w n e r t o e n s u r e l o n g - t e r m v i s u a l q u a l i ty a n d en v i r o n m e n t a l p e r f o r m a n c e . · Pa r k i n g s h a l l b e a s s o c i a t e d w i t h p r o p o s e d u s e a n d w i l l c o n fo r m w i t h Ch a p t e r 1 7 2 o f t h e U D C , u n l e s s o t h e r w i s e s h o w n i n t he d e v e l o p m e n t pl a n s . · Ar c h i t e c t u r a l d e s i g n s t a n d a r d s s h a l l c o n f o r m t o b u i l d i n g a n d de v e l o p m e n t r e q u i r e m e n t s w i t h i n t h e U D C , u n l e s s o t h er w i s e n o t e d . · Si g n a g e a l l o w e d w i t h t h e p l a n n i n g a r e a s s h a l l c o n f o r m t o l ar g e s c a l e or n o n - l a r g e s c a l e d e v e l o p m e n t r e q u i r e m e n t s w i t h i n UD C C h a p t e r 1 7 4 , un l e s s o t h e r w i s e s h o w n i n t h e d e v e l o p m e n t p l a n s . UGE UG E T 127 8 127 2 1274 1282 12 7 6 1274 127 2 1270 1268 127 6 12721272 1272 1270 126 6 12 6 4 127 0 127 6 126 4 12 6 4 12 6 4 12 6 8 12 7 0 1264 126 8 127 0 12 8 0 12 7 6 1278 1272 1268 12 7 6 12 7 2 1280 VAN VAN VAN 20' REAR SETBACK VAN VAN VAN 0' S I D E S E T B A C K 10 ' S I D E S E T B A C K 40 ' 50' FRONT SETB A C K 20' REAR SETBACK FU E L ±1 , 6 1 8 S F Ma r k e t ±5 0 , 2 0 8 S F EX I S T I N G TR A F F I C S I G N A L NO R T H C R O S S O V E R R O A D ( H W Y 2 6 5 ) VA R I A B L E W I D T H R O W RE G I O N A L L I N K S T R E E T P E R M S P PR O P O S E D PY L O N S I G N SC R E E N W A L L EA S T Z I O N R O A D 72 ' R O W FU T U R E C O L L E C T O R (P A R T O F A D J A C E N T P Z D ) EX I S T I N G E L E C T R I C EA S E M E N T T O B E V A C A T E D EX I S T I N G G A S A N D U T I L I T Y EA S E M E N T S T O R E M A I N SC R E E N W A L L SC R E E N W A L L PL A Z A W I T H T A B L E S OU T D O O R S I T T I N G AR E A W I T H R A I S E D PL A N T E R C O N T A I N E R S AN D B I K E R A C K S ST O R M W A T E R DE T E N T I O N PE D E S T R I A N P A T H RE S T A R E A CU R V E D A R T B E N C H PE D E S T R I A N P A T H PE D E S T R I A N P A T H PE D E S T R I A N P A T H PE D E S T R I A N P A T H SP E E D T A B L E SP E E D T A B L E PE D E S T R I A N P A T H 50 , 2 0 8 S F 4. 3 2 / 1 , 0 0 0 S F 21 7 S P A C E S PA R K I N G A N A L Y S I S T A B L E MA R K E T B U I L D I N G A R E A PR O P O S E D P A R K I N G R A T I O PR O P O S E D P A R K I N G CE I E N G I N E E R I N G A S S O C I A T E S , I N C . CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D PR O J E C T M A N A G E R DE S I G N E R RE V I S I O N PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N SH E E T N U M B E R SH E E T T I T L E 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 3 O F 3 PZ D M A S T E R P L A N RE V - 1 01/09/2 0 2 6 34 1 2 6 MD ACA AE D PZD MASTER PLAN THE MARKET AT CROSSOVER N CROSSOVER RD. & E ZION RD. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS DRAWING LOCATION - P:\34000\34126.0\DRAWINGS\DESIGN\WORKING\34126 PZD PLAN.DWG -- SAVED BY - SBLONDELL © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 FL O O D C E R T I F I C A T I O N : TH I S P R O P E R T Y I S N O T L O C A T E D W I T H I N A N Y P R E S E N T L Y E S T A B L I S H E D 1 0 0 - Y E A R F L O O D P L A I N , AS S H O W N B Y T H E F E D E R A L E M E R G E N C Y M A N A G E M E N T A G E N C Y , F L O O D I N S U R A N C E R A T E MA P F O R T H E C I T Y O F FA Y E T T E V I L L E , C O M M U N I T Y P A N E L N U M B E R 05 1 4 3 C 0 0 9 0 G E F F E C T I V E DA T E 1/ 2 5 / 2 0 2 4 . S TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S PL A N N I N G A R E A 1 ( C O M M E R C I A L ) 7 . 0 A C R E S M A R K E T 5 . 8 4 A C R E S F U E L S T A T I O N 1 . 1 6 A C R E S PL A N N I N G A R E A 2 ( D E T E N T I O N B A S I N ) 2 . 0 A C R E S TO T A L A R E A 9 . 0 A C R E S SI T E A R E A T A B L E TO: Fayetteville Planning Commission FROM: Jessie Masters, Planning Director MEETING: January 12, 2026 SUBJECT: PZD-2025-0005: Planned Zoning District (N. CROSSOVER RD & E. ZION RD/THE MARKET AT CROSSOVER, 138): Submitted by CEI ENGINEERING for property located on N. CROSSOVER RD & E. ZION RD. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 9.00 acres. The request is to rezone the property to a PLANNED ZONING DISTRICT. RECOMMENDATION: Staff recommends forwarding PZD-2025-0005 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward PZD-2025-0005 to City Council with a recommendation of approval.” BACKGROUND: The subject property is at the northeast corner of N. Crossover Road and where a proposed extension of E. Zion Road is underway in association with the Chandler Crossing Development. The property is currently zoned under a Planned Zoning district, and it received this designation in 2021 (Ord. 6421). Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Elks Lodge R-A, Residential Agricultural South Undeveloped (Chandler Crossing) PZD, Planned Zoning District East Undeveloped (Chandler Crossing) PZD, Planned Zoning District West Fayetteville Athletic Club C-1, Neighborhood Commercial Proposal: The applicant requests to rezone the property to a new Planned Zoning District with two planning areas, as described below: • Planning Area #1 (Commercial) – 6.97 acres: This area will encompass the West side of the development, and will allow for commercial uses, with the primary intention of developing a grocery store and a separate convenience store with fueling stations on the property. • Planning Area #2 (Detention and open space) – 2.03 acres: This area will encompass the east side of the property, and will set aside land for detention, drainage features, and natural spaces. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 1 of 36 Updated with results Public Comment: Staff has received inquiries about this proposal, but no direct comments regarding opposition or support. Individuals on the phone expressed some curiosity about the proposed use of the grocery store, suggesting it may be supported by the surrounding community. INFRASTRUCTURE: Streets: The property’s frontage along North Crossover Road, a regional link, is improved with asphalt paving, curb and gutter, and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property. There is an existing 12-inch water main along the east side of North Crossover Road at the northwest corner of the property. Sewer: Sanitary sewer is available to the subject property. There is an existing 10-inch sewer main along the east side of North Crossover Road across the frontage of the property. Drainage: Development on this site must meet the four Minimum Standards of Fayetteville’s Drainage Criteria Manual for water quality, channel protection, overbank flood protection, and extreme flood protection. Review for conformance with these standards, and determination of any additional improvements for drainage, will be done with a development application. No portion of the subject property lies within a FEMA floodplain and there are no protected streams on site. No portion of the property lies within the Hillside-Hilltop Overlay District. There are hydric soils on site. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It’s important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits are issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. 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 5, located at 2979 N. Crossover Rd., protects this site. The property is located approximately 1.9 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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 did not comment on this request. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 2 of 36 Tree Preservation: The proposed RPZD, Residential Planned Zoning District and the current PZD require 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 City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi-family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 5-7 for this site with a weighted score of 8 at the highest level. Elements contributing to the highest score include the following: • Adequate Fire Response (Insert fire station info here) • Near Sewer Main (8” PVC and 10” DIP in N. Crossover Road) • Near Water Main (12” PVC) • Near City Park (Lake Fayetteville) • Near Paved Trail (On-Street Bike Facility on N. Crossover; Planned Off-street Facility) • Near ORT Bus Stop (N. Crossover Road) • Appropriate Future Land Use (City Neighborhood) 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: Staff finds that the proposed PZD is compatible with the surrounding land uses, especially with some added conditions of approval that staff recommends. The existing PZD allows for uses that primarily align with the CS zoning district, though also currently allows for gas stations and drive-thru restaurants by right. The current PZD also allows for residential uses by-right, which staff argues should also be incorporated in the applicant’s current proposal. A key difference between the existing PZD requirements and the applicant’s proposal reflects standards more in line with a traditional zoning pattern with traditional setbacks, rather than an urban form with a build-to zone. There is, however, a strong, existing pattern of traditional setbacks along this portion of N. Crossover Road which may help justify this shift in this instance, rather than holding firm to the urban form standard here; the properties to the west and southwest on the other side of the intersection are built to traditional setbacks, and the properties to the north and south are built to a rural standard currently. Form-based zoning is meant to encourage development to address the street to create a more walkable and pedestrian-friendly environment. The applicant’s proposal will require that additional pedestrian-oriented elements and users Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 3 of 36 of alternative forms of transportation are still accommodated at this site by writing higher-level requirements into their plans and requirements. Staff finds that this outcome will still benefit pedestrians and the surrounding community while still respecting the existing development pattern in the area. Land Use Plan Analysis: Staff finds that the proposed PZD is aligned with several goals of City Plan 2040, especially if mixed-use is still prioritized in the applicant’s request. The infill score of the property is 7 at the highest level, though the Future Land Use map designates this area as a City Neighborhood Area, which calls for commercial and mixed-use development along intersections and major corridors; the applicant’s proposal is directly in line with that goal. By providing heightened design standards at the property, orienting at least part of the use toward a proposed new trail along N. Crossover Road, and seeking to provide safe pedestrian walkways throughout the proposed parking lot, staff finds that the applicant’s request is compatible with the current land use surroundings. This proposal is an incremental step towards the overarching City’s goals. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The PZD and its proposed uses align with the future land use plans of the City, especially since the area is called out as being a City Neighborhood Area. The applicant has made efforts to incorporate walkable, pedestrian oriented elements throughout the site plan that would not typically be required in a C-1 zoning district. Staff finds that the proposal also seeks to respond to a market need for a grocery store in this area that may contribute to the City’s goal of creating compact, complete, and connected developments. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The PZD is not likely to create or appreciably increase traffic danger and congestion at this location beyond what could already occur by-right under the existing allowances. The overarching Chandler Crossing development seeks to build out a Neighborhood Link Street connection of E. Zion Road at this location that will create opportunities for access on a lower classification street than N. Crossover Road. While development standards have not yet been fully reviewed for, the applicant will still be subject to meeting all necessary access management requirements as outlined in the unified development code. 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: The proposed PZD in its current form does not have the opportunity to alter the population density since it does not currently allow for residential uses. However, staff finds that the insertion of the possibility of residential uses within the PZDs allowances could add additional population, though likely Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 4 of 36 not to an undesirable degree. Fayetteville Public Schools did not comment on this request, but it is worth mentioning that a new school is currently under development about ¾ mile south. 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 § 161.35. Planned Zoning Districts (PZD) (B) Purpose. The intent of the Planned Zoning District is to permit and encourage comprehensively planned zoning and developments whose purpose is redevelopment, economic development, cultural enrichment or to provide a single-purpose or mixed-use planned development and to permit the concurrent processing of zoning and development. The City Council may consider any of the following factors in review of a Planned Zoning District application. (1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of development and in other matters typically regulated in zoning districts. (2) Compatibility. Providing for compatibility with the surrounding land uses. (3) Harmony. Providing for an orderly and creative arrangement of land uses that are harmonious and beneficial to the community. (4) Variety. Providing for a variety of housing types, employment opportunities or commercial or industrial services, or any combination thereof, to achieve variety and integration of economic and redevelopment opportunities. (5) No negative impact. Does not have a negative effect upon the future development of the area; (6) Coordination. Permit coordination and planning of the land surrounding the PZD and cooperation between the city and private developers in the urbanization of new lands and in the renewal of existing deteriorating areas. (7) Open space. Provision of more usable and suitably located open space, recreation areas and other common facilities that would not otherwise be required under conventional land development regulations. (8) Natural features. Maximum enhancement and minimal disruption of existing natural features and amenities. (9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use yet harmonious developments consistent with the guiding policies of the Future Land Use Plan. (10)Special Features. Better utilization of sites characterized by special features of geographic location, topography, size or shape. (11)Recognized zoning consideration. Whether any other recognized zoning consideration would be violated in this PZD. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 5 of 36 Findings: Staff finds that the proposed PZD meets several of the factors above, including flexibility by incorporating a variety of uses in Planning Area 1, though staff recognizes that housing would also be a value-add to the use schedule. The project also seeks to minimize negative impacts on future development, and provides open space by maintaining a planning area solely dedicated to open space and potential for recreation. Staff does not find that an existing zoning regulation would be violated with this PZD. RECOMMENDATION: Staff recommends forwarding PZD-2025-0005 to the City Council with a recommendation of approval, with the following conditions. Conditions of Approval: 1. Planning Area 1 shall incorporate Use Unit 26 within the proposed use schedule, by right. 2. Precise acreage for each Planning Area shall be confirmed with a resubmittal of the PZD booklet and associated documents prior to being heard by City Council. Planning Commission Action: ❒ Forwarded ❒ Tabled ❒ Denied Meeting Date: January 12, 2026 Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map • Applicant Request Letter • PZD Booklet Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 6 of 36 X Payne Gulley 6-1-0 (Werner opposed) with all conditions as recommended by staff. ZION RD ZION RD CR O S S O V E R R D CROSSOVER RD JOYCE BLVD OLD WIRE RD R-O RSF-4 RMF-24 C-1 R-A NC NS-G RI-U RPZD CS P-1 Regional Link Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail Trail (Proposed) Fayetteville City Limits Planning Area One Mile View PZD-2025-0005 N. CROSSOVER RD & E. ZION RD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 7 of 36 AM A Z O N A V E ZION RD RANDAL PL DE X T E R A V E TO R R E N T A V E HILLSIDE TER LIMA ST JERSEY ST ZION RD ZION RD CROSSOVERRD CROSSOVER RD C-1 RSF-4 R-O R-A RPZD Regional Link Neighborhood Link Regional Link - High Activity Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits Shared-Use Paved Trail Trail (Proposed) Close Up View PZD-2025-0005 N. CROSSOVER RD & E. ZION RD N 0 150 300 450 60075 Feet Subject Property 1:2,400 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 8 of 36 ZION RD ZION RD CROSSOVER RD CROSSOVERRD 2025 Imagery | EagleView Technologies | Surdex Corporation Regional Link Neighborhood Link Regional Link - High Activity Residential Link Planned Neighborhood Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use PZD-2025-0005 N. CROSSOVER RD & E. ZION RD N 0 225 450 675 900112.5 Feet Subject Property Undeveloped Single-family Residential Commercial Commercial 1:3,600 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 9 of 36 City Neighborhood Civic and Private Open Space Natural Residential Neighborhood ZION RD ZION RD CROSSOVERRD CROSSOVER RD JOYCE BLVD OLD WIRE RD Regional Link Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use PZD-2025-0005 N. CROSSOVER RD & E. ZION RD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 10 of 36 Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 2600 NE 11th St., Suite 300 Bentonville, AR 72712 Office: 479.273.9472 Toll-free: 1.800.433.4173 ceieng.com Planned Zoning District Submittal December 3, 2025 The Market at Crossover Northeast corner of Crossover Road and Zion Road Parcel 765-13219-000 Fayetteville, AR 72703 CEI # 34126 Dear Commissioners, We respectfully submit the attached documentation and request approval for the establishment of a new Planned Zoning District (PZD) encompassing approximately 9.00 acres of a larger tract located at Crossover Road and Zion Road. The proposed development vision does not align with the existing PZD standards and planning areas currently governing the property. The updated zoning will enable the creation of a neighborhood commercial center that includes a grocery store, fueling services, and public communal spaces. These amenities are not currently available in the immediate vicinity and will significantly enhance daily convenience, walkability, and addressing key needs for localresidents. The proposed development consists of two distinct planning areas. The first is a commercial zone that will accommodate the grocery store, fueling facilities, and complementary neighborhood services and amenities. The second planning area is dedicated to landscape and stormwater detention, designed to manage runoff effectively. Site access will be provided by a proposed neighborhood linked street Zion Road extension. In addition, a supplementedby a right-in and right-out drive approach at Crossover Road, which will provide access to the northwest corner of the site. The project will fully comply with all applicable city standards for landscaping, lighting, sidewalks, and utilities. A traffic impact study will accompany the preliminary plat to ensure the surrounding street network can adequately support the proposed development. The surrounding context includes commercial zoning to the west and south, as well as surrounding established residential neighborhoods. The project has been thoughtfully designed to integrate with both, offering essential services while incorporating appropriate landscape buffering and photometric measures to protect adjacent properties. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 11 of 36 2 This proposal advances the objectives of the Comprehensive Land Use Plan by introducing a neighborhood commercial destination within walking and biking distance of nearby communities. It strengthens connectivity and fosters a more complete neighborhood fabric by providing services that residents currently must travel considerable distances to access. For these reasons, the proposed PZD represents a strategic and beneficial update to the property and aligns with both neighborhood needs and the city’s long-term planning goals. We respectfully request your consideration and approval of this application and trust that the enclosed materials provide the necessary information to facilitate review and processing of this Planned Zoning District application. Please contact me directly if you require any further clarification or supporting documentation. We look forward to the opportunity to address any questions or provide additional details as needed. Respectfully Submitted, CEI Engineering Associates, Inc. Candice E. Anderson Project Manager Commercial I Department Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 12 of 36 Civil Engineering, Landscape Architecture, Survey, Planning & Program Management 2600 NE 11th St., Suite 300 Bentonville, AR 72712 Office: 479.273.9472 Toll-free: 1.800.433.4173 ceieng.com PLANNED ZONING DISTRICT BOOKLET PREPARED FOR: THE MARKET AT CROSSOVER CROSSOVER ROAD AND ZION ROAD FAYETTEVILLE, AR DATE: DECEMBER 2025 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 13 of 36 2 Table of Contents A. CURRENT OWNERSHIP ................................................................................................... 3 B. PROJECT SUMMARY ....................................................................................................... 3 C. GENERAL PROJECT CONCEPT ...................................................................................... 3 1) Street and Lot Layout: ...................................................................................................................... 3 2) Site Plan Showing Proposed Improvements.................................................................................... 3 3) Buffer Areas ..................................................................................................................................... 3 4) Tree Preservation Areas .................................................................................................................. 3 6) Undisturbed Natural Areas: .............................................................................................................. 3 8) Development and Architectural Design Standards .......................................................................... 4 9) Building Elevations ........................................................................................................................... 4 D. PROPOSED PLANNING AREAS (PA’s) ............................................................................ 4 E. PROPOSED ZONING STANDARDS ................................................................................. 4 F. PLANNING AREA ZONING CHARTS ................................................................................ 7 G. ANALYSIS OF SITE CHARACTERISTICS ......................................................................... 8 H. RECREATIONAL FACILITIES ............................................................................................ 8 I. REASON FOR THE REQUEST OF ZONING CHANGE ..................................................... 9 J. RELATION TO EXISTING AND SURROUNDING PROPERTIES ...................................... 9 K. FAYETTEVILLE COMPREHENSIVE LAND USE PLAN COMPLIANCE ...........................10 L. TRAFFIC STUDY ..............................................................................................................11 M. IMPACTS OF CITY SERVICES ........................................................................................11 N. CONCEPTUAL DESCRIPTIONS OF DEVELOPMENT STANDARDS ..............................11 1) Screening and Landscaping .......................................................................................................... 11 2) Traffic and Circulation: ................................................................................................................... 11 3) Parking Standards: ......................................................................................................................... 12 4) Perimeter Treatment ...................................................................................................................... 12 5) Sidewalks ....................................................................................................................................... 12 6) Streetlights ..................................................................................................................................... 12 7) Water .............................................................................................................................................. 12 8) Sewer ............................................................................................................................................. 12 9) Streets ............................................................................................................................................ 12 10) Construction of Nonresidential Facilities: ...................................................................................... 12 11) Tree Preservation .......................................................................................................................... 12 12) Architectural Design Standards: .................................................................................................... 12 13) Proposed Signage: ........................................................................................................................ 12 14) View Protection: ............................................................................................................................. 13 15) Covenants, Trust, and Homeowner Associations: ......................................................................... 13 O. PLANNED ZONING DISTRICT INTENT / PURPOSE .......................................................14 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 14 of 36 3 A. CURRENT OWNERSHIP The subject property comprises approximately 9.00 acres and is part of a larger 22.41-acre tract identified as Parcel ID 765-13219-000. The entire tract is presently owned by Chandler Crossing, LLC; however, the 9.00-acre portion is proposed to be sold to a national retailer represented by: CEI Engineering Associates, Inc. Watkins, Boyer, Gray & Curry, PLLC Candice Anderson William Kellstrom canderson@ceieng.com mwkellstrom@watkinslawoffice.com 2600 NE 11th St., Suite 300 1106 W. Poplar Bentonville, AR 72712 Rogers, AR 72756 B. PROJECT SUMMARY The proposed development will include two planning areas designed to serve as a destination for residents in the surrounding community. These areas will introduce essential grocery and fueling services that are currently limited or unavailable near the site, significantly improving convenience, walkability and addressing key needs for local residents. The project will incorporate substantial pedestrian and bicycle features intended to make this a walkable destination from the adjacent Chandler Crossing subdivision. All planning areas will incorporate accessibility enhancements and open space improvements to support a well-connected and community-focused environment. C. GENERAL PROJECT CONCEPT 1) Street and Lot Layout: The development will feature a detention basin positioned along the Eastern property line at the rear of the site, while the main store will face West to maximize visibility and accessibility. A compact convenience store will be strategically located at the Southwest corner of the property. Primary access will be provided via a newly constructed Central Neighborhood Link Street, extending east from the intersection of Crossover Road and Zion Road. Additionally, a right-in/right-out driveway will offer direct access to Crossover Road at the Northwest corner of the development, ensuring efficient traffic flow and connectivity. 2) Site Plan Showing Proposed Improvements: A site and master plan will be attached with this Booklet. 3) Buffer Areas Shall conform to all city standards with the UDC, unless otherwise noted. 4) Tree Preservation Areas: Tree preservation plans, and landscape plans will be required and submitted once development begins on any individual large scale or when a preliminary plat application and development plan is submitted. 5) Storm Water Detention Areas and Drainage will consist of one detention basin positioned along the Eastern property line at the rear of the site, within Planning Area 2. The drainage report will further detail the proposed system by which storm water will be carried through the development. 6) Undisturbed Natural Areas: The site has recently undergone earthwork and initial development activities and currently features minimal tree coverage and sparce vegetation. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 15 of 36 4 7) Existing and Proposed Utility Connections and Extensions: Existing water and sanitary sewer mains are located at Crossover Road. 8) Development and Architectural Design Standards Shall conform to all city standards with the UDC, unless otherwise noted. 9) Building Elevations have been submitted with this application. D. PROPOSED PLANNING AREAS (PA’s) 1) Planning Area 1 (Commercial) – This area will encompass the West side of the development. This district will be designed to provide grocery and fueling services to support the surrounding areas. 2) Planning Area 2 (Detention Basin) – This is area will encompass all the detention, drainage features, forested areas, natural areas, and recreational features. The zoning district is designed to permit and encourage the minimum amount of development, protect natural features, encompass all common open space. These planning areas will be described within Section E and Section F of this booklet, along with a map delineating the planning areas. The map will be attached as the Zoning and Development Standards by Planning Area map concurrently submitted with this booklet. E. PROPOSED ZONING STANDARDS 1) Planning Area 1 (Commercial) The zoning within this portion of the PZD will be based largely on the existing C-1 (Neighborhood Commercial) zoning district, conforming to the standard non-urban form requirements. This district is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. Commercial 1 Zoning District: Permitted uses by unit: Unit 1 City-wide uses by right Unit 13 Eating places Unit 15 Neighborhood shopping Unit 16 Shopping goods Unit 18 Gasoline service stations and drive-in-through restaurants Unit 25 Offices, Studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 16 of 36 5 Conditional uses by unit: Unit 2 City-wide uses by conditional permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies Non-Residential Intensity: · Acreage: 1.24 acres, Non-residential SF: 54,000 SF Bulk and area regulations: · Lot width minimum: None · Lot area minimum: None · Setback requirements: o Front 15 feet. 50 feet (if parking is allowed between the right-of -way and the building. o Side None 15’ (When contiguous to a single-family residential district) o Rear 20 feet · Height regulations: 5 Stories Site Planning: · Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Parking shall be associated with proposed use and will conform with Chapter 172 of the UDC, unless otherwise shown in the development plans. · Architectural design standards shall conform to building and development requirements within the UDC, unless otherwise shown in the development plans. · Signage allowed with the planning areas shall conform to large scale or non-large scale development requirements within UDC Chapter 174, unless otherwise shown in the development plans. · Additional Landscape Features: The development shall incorporate various bike, pedestrian, and landscape features, above the minimum requirements of the UDC, such as premium bike racks, seating areas, gathering spaces, streetscape enhancements, and improved pedestrian and bike connectivity features, as shown on the site plan, or as otherwise approved by Planning Staff. Waivers / Variances The applicant will submit for any required waivers or variances to the UDC during the large-scale development process. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 17 of 36 6 2) Planning Area 2 (Detention Basin) This area will encompass all the detention basin, drainage features, forested areas, natural areas, recreational features. The zoning district is designed to permit and encourage the minimum amount of development, protect natural features, encompass all common open space. Non-residential Zoning District: Permitted uses by unit: Unit 1 City-wide uses by right Unit 6 Agriculture Conditional uses by unit: Unit 2 City-wide uses by conditional permit Unit 4 Cultural and recreational facilities Non-Commercial Intensity: · Acreage: 0 acres, Non-residential SF: 0 SF Bulk and area regulations: · Lot width minimum: None · Lot area minimum: None · Setback requirements: o Front 35 feet. o Side 20 feet o Rear 35 feet · Height regulations: There shall be no maximum height limits within the planning area, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. · Building area: There shall be no building area lot requirements for open space, non-buildable, or detentions pond lots. Site Planning · Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Parking shall be associated with proposed use and will conform with Chapter 172 of the UDC, unless otherwise shown in the development plans. · Architectural design standards shall conform to building and development requirements within the UDC, unless otherwise noted. · Signage allowed with the planning areas shall conform to large scale or non-large scale development requirements within UDC Chapter 174, unless otherwise shown in the development plans. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 18 of 36 7 Waivers / Variances The applicant will submit for any required waivers or variances to the UDC during the large-scale development process. G. PLANNING AREA ZONING CHARTS 1) Planning Area 1 (Commercial) A breakdown of the proposed Planning Area 1 (Commercial) zoning district within the PZD versus the City of Fayetteville current PZD zoning of the property is provided in the following table. Regulation Current Zoning Proposed Zoning PZD, PA 1 (Commercial) PZD, PA 2 (Residential 1) PZD, PA 1 (Commercial) Density Non-residential SF – 269,900 None None Lot Width Minimum 18 feet for a dwelling, None for all other uses None Lot Area Minimum No minimum lot area None Setbacks Front: 10’-25’ Build to zone Side: 0’ or 15’ if contiguous to single family residential Rear: 0’ or 15’ if contiguous to single family residential Front: 15 feet 50 feet (if parking is allowed between the right- of -way and the building. Side: None 15’ (When contiguous to a single- family residential district) Rear: 20 feet Building Height Maximum 5 Stories 2 stories / 3 stories 5 Stories Building Area None None Minimum Buildable Street Frontage 50% of the Lot Width None None Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 19 of 36 8 2) Planning Area 2 (Detention Basin) A breakdown of the proposed Planning Area 2 (Detention Basin) zoning district within the PZD versus the City of Fayetteville current PZD zoning of the property is provided in the following table. Regulation Current Zoning Proposed Zoning PZD, PA 2 (Residential 1) PZD, PA 2 (Detention Basin) Density None None Lot Width Minimum 18 feet for a dwelling None Lot Area Minimum None None Setbacks Front: 15 feet 50 feet (if parking is allowed between the right- of -way and the building. Side: None Front 35 feet. Side 20 feet Rear 35 feet Building Height Maximum 2 stories / 3 stories No maximum height* Building Area None None** * There shall be no maximum height limits within the planning area, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. ** There shall be no building area lot requirements for open space, non- buildable, or detentions pond lots. H. ANALYSIS OF SITE CHARACTERISTICS The proposed Planned Zoning District (PZD) encompasses a 9.00-acre tract of open land. The site has recently undergone earthwork and initial development activities and currently features minimal tree coverage and sparse vegetation. The topography gently slopes toward the Northeast. Additionally, offsite drainage from Crossover Road currently discharges onto the property and will need to be re-routed around the development to accommodate site planning and infrastructure. I. RECREATIONAL FACILITIES The development is a short drive down Zion Road from the Lake Fayetteville trails, connections to the Razorback Greenway, Veterans Park, The Lake Fayetteville ballfields and Marina, and the Botanical Garden of the Ozarks. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 20 of 36 9 J. REASON FOR THE REQUEST OF ZONING CHANGE The proposed 9.01-acre tract is currently zoned as a Planned Zoning District (PZD). However, the proposed development overlaps multiple Planning Areas within the current PZD, and the current Planning Area 1 designation for commercial use, along with its bulk area regulations, does not align with the intended development plan. To better support the proposed development, and to align the development with City planning goals, the proposed PZD will largely follow C-1 zoning requirements, consistent with adjacent properties to the West. This approach will allow for the creation of a community destination that introduces essential services, including grocery and fueling options, which are currently lacking near the site. The development will enhance convenience, encourage alternative mode of transportation, such as walking and biking and meet key needs for residents in the surrounding area. K. RELATION TO EXISTING AND SURROUNDING PROPERTIES The proposed Planned Zoning District (PZD) is designed to complement and align with the existing C-1 commercial zoning regulations of the adjacent development to the West. To the South, the property is zoned PZD for commercial use, while the remaining surrounding properties are primarily residential in nature. Strategically located at the intersection of Crossover Road and Zion Road, this development is positioned to serve as a vibrant destination for nearby residents, offering essential services that are currently limited or unavailable within close proximity. The development is also intended to provide walkable shopping for daily necessities to the proposed residential development in Chander Crossing PZD. The introduction of grocery and fueling services will significantly enhance convenience and meet critical daily needs for the local community. By bridging the gap between residential areas and commercial amenities, the proposed PZD will contribute to a more balanced and accessible neighborhood environment. Access to the site will be provided via designated entry points along Crossover Road, ensuring efficient traffic flow. A comprehensive traffic study will be submitted with the preliminary plat plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. Signage within the proposed PZD will be thoughtfully designed to reflect the character and quality of surrounding developments. High-quality pylon and monument signs will be utilized, and all signage will comply with the standards outlined in Chapter 174 of the Unified Development Code (UDC). Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 21 of 36 10 L. FAYETTEVILLE COMPREHENSIVE LAND USE PLAN COMPLIANCE The proposed Planned Zoning District (PZD) is located within the City Neighborhood Area. While the development does not include a residential component, it will be designed to support the growth and vitality of surrounding residential neighborhoods, such as the adjacent Chander Crossing PZD. Positioned at the key intersection of Crossover Road and Zion Road, the site will serve as a dynamic commercial hub, offering essential services such as grocery and fueling options that are currently limited or unavailable nearby. This will significantly improve convenience and quality of life for residents. In addition to vehicular access, the development will incorporate pedestrian and bike friendly design elements and establish direct connections to the City’s trail system. These enhancements will promote walkability, encourage alternative transportation options, and ensure safe, convenient access for residents in adjacent neighborhoods. By integrating with the broader mobility network, the PZD will foster a more connected and accessible community environment. The development will be carefully designed to minimize and mitigate potential adverse impacts on adjacent residential areas. A range of strategies will be implemented to ensure compatibility and preserve neighborhood character, including: · Traffic Management: A comprehensive traffic study will be conducted to assess trip generation and distribution. Access points will be strategically placed to minimize congestion and avoid cut-through traffic in residential areas. · Noise Reduction: Site layout will be planned to limit noise impacts. Landscaping buffers and sound attenuation measures will be incorporated where necessary. Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. · Visual Appearance: Architectural design and materials will reflect high-quality standards and complement surrounding developments. Landscaping and screening will be used to soften visual impacts and enhance aesthetics. · Lighting Control: Outdoor lighting will be directed downward and shielded to prevent light spillover into adjacent residential properties, in compliance with chapter 176 of the code of Ordinances for the City of Fayetteville. · Drainage and Stormwater Management: A dedicated detention basin planning area will be included to manage stormwater runoff effectively, ensuring no negative impact on neighboring properties. These measures collectively aim to create a well-integrated development that enhances the surrounding community while respecting the character and needs of nearby residential areas. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 22 of 36 11 M. TRAFFIC STUDY A comprehensive traffic study will be submitted with the large-scale development plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. N. IMPACTS OF CITY SERVICES The proposed development will be supported utility infrastructure designed to meet both current and future needs. An 8-inch water main will be installed to service the site, including the placement of appropriately spaced fire hydrants to ensure adequate fire protection. This water main will connect to an existing 12- inch main along Crossover Road, allowing for extended service to adjacent parcels and supporting broader utility integration. Sanitary sewer service will be provided via an 8-inch gravity sewer system, which will tie into an existing 10-inch sewer line located along Crossover Road. Preliminary coordination with Fayetteville Utilities has indicated that sewer capacity, hydrant flow, and water pressure in the area are sufficient to support the proposed development without concern. Additional city services impacted by the development include fire, police, and sanitation. Emergency services will have direct access to all commercial buildings via the internal street network and surrounding drive aisles. Fire hydrants will be strategically located along street frontages and drive aisles to ensure access in the event of an emergency. Trash collection services will be accommodated through screened dumpster areas located near the rear of each commercial building, maintaining both functionality and visual appeal. O. CONCEPTUAL DESCRIPTIONS OF DEVELOPMENT STANDARDS The development standards and conditions for the proposed Planned Zoning District (PZD) are being established to ensure compatibility with surrounding land uses, promote cohesive and contiguous development, promote alternative modes of transportation like walking and biking, and enhance the overall functionality and appeal of the area. While the PZD is commercially focused, its design will contribute to a high-quality built environment that supports nearby residential growth and public infrastructure. The intent is to create a well-integrated commercial destination that aligns with community expectations for design, accessibility, and environmental quality, while also protecting public investments and reinforcing the long-term vision for the district. 1) Screening and Landscaping throughout the development shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the property owner to ensure long-term visual quality and environmental performance. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 23 of 36 12 2) Traffic and Circulation: A comprehensive traffic study will be submitted with the preliminary plat plan to evaluate trip generation and distribution, ensuring that the development integrates smoothly with existing infrastructure. 3) Parking Standards: Parking shall be associated with proposed use and will conform to Chapter 172 in the UDC, unless otherwise shown in the development plans. 4) Perimeter Treatment shall comply with Chapter 177 of the Unified Development Code (UDC) and will be maintained by the developer to ensure long-term visual quality and environmental performance. 5) Sidewalks shall follow a standard throughout the development. Typical sidewalk shall follow the Master Street plan for each street section (ex: Residential Link, Neighborhood Link). Sidewalks shall all meet Master Street Plan requirements. 6) Streetlights shall be of a uniform type throughout the development. All streetlights shall be full cut-off fixtures, and a lighting system shall appropriately light all public areas. All streetlights shall be per Ozark Electric Cooperative and meet UDC code 166.04(B)(3)(g) 7) Water mains and services shall be provided for each commercial building. Water mains shall be per Fayetteville 2017 Water and Sewer Specifications, utilizing an 8” AWWA C900 PVC, DR14 material. Water services shall follow these same specifications for meters and service lines. 8) Sewer services shall be provided for each commercial building. Sewer mains shall be per Fayetteville 2017 Water and Sewer Specifications, utilizing an 8” PVC SDR 26. Sewer services shall follow these same specifications for any service lines. 9) Streets shall conform to City of Fayetteville minimum street standards. Street design shall be reviewed by the Engineering department from the City of Fayetteville. Drainage and storm design will be provided on the attached site design/master plan. Drainage and storm design will be reviewed by the Engineering Department from the City of Fayetteville. 10) Construction of Nonresidential Facilities: Any non-residential facilities not proposed with this application will follow all applicable Non-Residential Design Standards (UDC chapter 166.24 & 166.25), Large scale development standards, or non-large scale development standards where applicable. 11) Tree Preservation plans and landscape plans will be required and submitted once development begins on any individual large scale or when a preliminary plat application and development plan is submitted. 12) Architectural Design Standards: For non-residential structures and commercial areas, the architectural design will not be defined in this booklet. Any commercial buildings within Planning Area 1 will be submitted by Large Scale Development application and subject to city code, and any non- residential structures shall conform to all city standards with the UDC, unless otherwise shown in the development plans. 13) Proposed Signage: Signage will not be allowed except for what is already stated in the Planning Areas section of this Booklet. Any applicable signage to be proposed will conform to all regulations in the City of Fayetteville’s ordinances UDC 174, unless otherwise shown in the development plans. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 24 of 36 13 14) View Protection: View protection shall be considered if any proposed work is to occur outside the scope of the proposed PZD and its master plan. 15) Covenants, Trust, and Homeowner Associations: It is not anticipated at the time that the development will be subject to any protective covenants or owners associations. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 25 of 36 14 P. PLANNED ZONING DISTRICT INTENT / PURPOSE The intent of the proposed commercial development is to align with the goals and vision outlined in the City of Fayetteville’s 2040 Land Use Plan for the City Neighborhood Area. This project is designed to create a vibrant, accessible destination that serves the surrounding residential community by introducing essential services such as grocery and fueling options. These services are currently limited or unavailable near the site, and their inclusion will significantly improve convenience and meet key daily needs for local residents. By thoughtfully integrating land use, accessibility, and service offerings, the development will contribute to a completer and more connected neighborhood environment, supporting both current and future growth in the area. Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 26 of 36 BM # 1 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 9 5 7 . 3 8 E: 6 8 6 , 8 8 6 . 7 5 El e v . = 1 2 8 4 . 0 2 ' X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X BM # 2 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 3 0 0 . 9 2 E: 6 8 6 , 8 9 4 . 5 4 El e v . = 1 2 8 6 . 6 1 ' 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R SE C . 1 9 164.12' XX X X X X X 1, 2 6 9 . 7 9 ' P. U . E . ( S O U T H ) FI L E # 2 0 1 2 - 0 0 0 2 1 1 4 6 CI T Y O F F A Y E T T E V I L L E PA R C E L # 7 6 5 - 1 3 2 1 8 - 0 0 0 ST O N E R , G A R Y R R E V O C A B L E T R U S T FI L E # 2 0 1 6 - 0 0 0 2 7 5 5 9 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 0 BE N E V O L E N T B U I L D I N G C O R P O R A T I O N DE E D B K . 9 3 , P G . 0 5 0 1 1 ZO N E : R - A SURVEY FILE #2022-00020057 PARCEL #765-13219-100 CHANDLER CROSSING LLC FILE #2021-00033609 ZONE: RPZD LO T 3 NO R T H S I D E A C R E S JO R G E N S E N R E V O C A B L E T R U S T D A V I D & RA M O N A J O R G E N S E N PA R C E L # 7 6 5 - 0 8 8 7 1 - 0 0 0 FI L E # 2 0 1 5 - 0 0 0 2 7 1 4 6 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 6 - 0 0 0 FU L L E R F A M I L Y T R U S T R A Y M O N D E & NA N C Y B F U L L E R FI L E # 2 0 2 0 - 0 0 0 4 7 8 3 4 ZO N E : R - A PA R T O F L O T S 4 & 5 NO R T H S I D E A C R E S PA R C E L # 7 6 5 - 0 8 8 7 3 - 0 0 0 FE R G U S O N , L I N D A S FI L E # 2 0 0 5 - 0 0 0 4 8 6 3 0 ZO N E : R - A PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 3 RO B L E S , V I C T O R J & M A R T H A A ; RO B L E S , L I S S E T T E A N E L FI L E # 2 0 2 3 - 0 0 0 2 0 9 0 6 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 4 DI E T E R L E , B R I A N D FI L E # 2 0 1 1 - 0 0 0 0 8 2 8 5 FI L E # 2 0 1 0 - 0 0 0 2 7 0 2 8 FI L E # 2 0 1 0 - 0 0 0 2 2 9 8 7 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 3 2 1 2 - 0 0 1 CO O P E R , J A M E S & K A T H Y RE V O C A B L E T R U S T FI L E # 2 0 1 3 - 0 0 0 2 0 6 1 1 DE E D 2 0 0 0 0 6 2 2 9 1 ZO N E : R S F - 4 PA R C E L # 7 6 5 - 1 8 5 9 2 - 0 0 0 BE N E V O L E N T B U I L D I N G C O R P O R A T I O N DE E D B K . 9 3 , P G . 0 5 0 1 1 ZO N E : R - A PA R E N T T R A C T PA R C E L # 7 6 5 - 1 3 2 1 9 - 0 0 0 CH A N D L E R C R O S S I N G , L L C FI L E # 2 0 2 1 - 0 0 0 2 9 8 7 9 ZO N E : R P Z D 97 6 , 0 1 4 S Q . F T . ± OR 2 2 . 4 1 A C . ± SU B J E C T T R A C T 39 2 , 0 7 3 S Q . F T . ± OR 9 . 0 0 A C . ± IR O N P I N IR O N P I N PL P E R AR D O T PL A N S DE T A I L " A " DE T A I L " B " UT I L I T Y E A S E M E N T CI T Y O F F A Y E T T E V I L L E DE E D 9 3 - 7 2 6 9 8 P. U . E . ( N O R T H ) FI L E # 2 0 1 2 - 0 0 0 2 1 1 4 6 CI T Y O F F A Y E T T E V I L L E 25 ' P E R M A N E N T G A S E S M T FI L E # 2 0 1 1 - 0 0 0 3 2 0 0 3 SO U R C E G A S A R K A N S A S I N C . (W E S T ) (1 2 8 8 . 2 2 ' ) (E A S T ) (3 8 3 . 5 6 ' ) (S00°49'E)(200') (9 1 5 . 9 2 ' ) (E A S T ) (N00°22'W) (824.36') (N01°35'11"W)(226.14') (N08°21'32"E) (164.12') SE1 / 4 , N W 1 / 4 SEC T I O N 1 9 T17 N , R 2 9 W P. O . B . 1" P I P E CE N . W 1 / 1 6 C O R . SE C . 1 9 T1 7 N , R 2 9 W PE R A R D O T R/ W P L A N S NO T F O U N D 14 7 . 0 ' R / W 14 8 . 4 ' R / W 83 . 3 ' N. CROSSOVER RD. (HWY. 265) VARIABLE WIDTH R/W PUBLIC (ASPHALT) PER ARDOT JOB #040518 N. CROSSO V E R R D . (HWY. 26 5 ) VARIABLE W I D T H R / W PUBLIC (A S P H A L T ) PER ARDO T J O B # 0 4 0 5 1 8 4.4' 11.3' 18.2' 20 . 3 ' 1. 2 ' AP P R O X I M A T E 4 0 ' G A S E A S E M E N T PE R B K . 6 8 9 , P G . 3 6 4 AP P R O X I M A T E 4 0 ' G A S E A S E M E N T PE R B K . 6 8 9 , P G . 3 6 4 RI G H T O F W A Y G R A N T DE E D B K . 8 1 1 , P G . 3 9 OZ A R K S E L E C T R I C C O O P E R A T I V E C O R P O R A T I O N 821.24' S8 7 ° 3 6 ' 3 4 " E 92 5 . 4 1 ' 200.00'S00°45'46"W S8 8 ° 2 5 ' 1 4 " E 37 6 . 9 5 ' 126.75' N02°16'41"E S02°42'30"WS22°40 ' 4 2 " W 101.41 ' 16 . 2 6 ' L1 N02°16'41"E 1316.71' 27 2 . 0 2 ' NE1 / 4 , S W 1 / 4 SEC T I O N 1 9 T17 N , R 2 9 W S02°19'45"W 397.59' N8 7 ° 4 1 ' 0 0 " W 9 6 8 . 0 4 ' C1 N08°21'32"E 1 4 7 . 8 6 ' N01°35'11"W 226.14' L2 S8 7 ° 5 2 ' 1 9 " E 8 8 8 . 0 9 ' S8 7 ° 4 4 ' 5 0 " E 1 0 9 . 6 7 ' 88 8 . 0 9 ' 73 . 0 ' 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R 5/ 8 " R E B A R 1" P I P E LE A N I N G 1/ 2 " R E B A R CA P 1 6 9 8 5/ 8 " R E B A R 1/ 2 " R E B A R 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R W / 2 " AL U M I N U M C A P A R D O T FU T U R E Z I O N R D EX T E N S I O N B Y O T H E R S 5/ 8 " R E B A R N: 6 6 0 , 2 8 7 . 9 8 E: 6 8 7 , 3 2 6 . 0 8 5/ 8 " R E B A R N: 6 6 0 , 2 9 8 . 3 7 E: 6 8 6 , 9 4 9 . 2 7 T 1" P I P E CE N . W 1 / 1 6 CO R . SE C . 1 9 T1 7 N , R 2 9 W PE R A R D O T R/ W P L A N S NO T F O U N D L1 L2 1" P I P E LE A N I N G N3 0 ° 0 0 ' 3 2 " W 0. 8 3 ' 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R . SE C . 1 9 Pr o p e r t y C u r v e T a b l e Cu r v e # C1 Ra d i u s 44 . 5 0 ' Le n g t h 31 . 8 3 ' De l t a 40 ° 5 9 ' 1 8 " Ch o r d B e a r i n g N6 7 ° 1 1 ' 5 0 " W Ch o r d D i s t a n c e 31 . 1 6 ' Li n e T a b l e Li n e # L1 L2 Di r e c t i o n N8 8 ° 1 9 ' 5 3 " W N0 0 ° 5 4 ' 2 3 " W Le n g t h 33 . 8 6 ' 11 . 0 0 ' CE I E N G I N E E R I N G A S S O C I A T E S , I N C . Pr e l i m i n a r y T h i s d o c u m e n t s h a l l no t b e r e c o r d e d f o r a n y pu r p o s e a n d s h a l l n o t be u s e d o r v i e w e d o r re l i e d u p o n a s a f i n a l su r v e y d o c u m e n t SH E E T N U M B E R SH E E T T I T L E OF CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D FI E L D W O R K DE S I G N E R RE V I S I O N © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 Su r v e y S h e e t N Crossover Rd. & Zion Rd. City of Fayetteville, Washington County, Arkansas 1 3RE V - 1 12 / 2 3/2 0 2 5 34 1 2 6 TL P EM DG R CO R P O R A T E T B P L S F I R M # 1 0 0 3 1 5 0 0 30 3 0 L B J F R E E W A Y , S U I T E 9 2 0 DA L L A S , T X 7 5 2 3 4 PH O N E : (9 7 2 ) 4 8 8 - 3 7 3 7 FA X : (9 7 2 ) 4 8 8 - 6 7 3 2 Boundary Survey for The Market at Crossover X X X CE I E n g i n e e r i n g As s o c i a t e s , I n c . No . 1 1 8 CERTIFICATE OF AUTHORIZAT ION ARKANSAS ENGINEER SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 De t a i l " A " Sc a l e : 1 " = 3 0 ' De t a i l " B " Sc a l e : 1 " = 5 ' TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S Le g e n d Bo u n d a r y L i n e Ad j o i n i n g B o u n d a r y L i n e Ri g h t - o f - W a y L i n e Ea s e m e n t L i n e Re c o r d B e a r i n g & D i s t a n c e p e r De e d F i l e # 2 0 2 1 - 0 0 0 2 9 8 7 9 Ce n t e r l i n e Ba r b W i r e F e n c e L i n e Be n c h m a r k ( B M ) Fo u n d M o n u m e n t ( A s N o t e d ) Tr a f f i c S i g n ( T y p e o f S i g n ) (X X X X ) Bo l l a r d / G u a r d P o s t Tr a f f i c L i g h t ( 1 L a m p ) Tr a f f i c L i g h t ( 2 L a m p s ) Tr a f f i c L i g h t ( 3 L a m p s ) Re i n f o r c e d C o n c r e t e P i p e RC P Br e a k L i n e Fl o w L i n e Fo u n d P i p e ( A s n o t e d ) Se c t i o n L i n e ( 1 / 4 ) Fe n c e P o s t ( W o o d ) Fo u n d 5 / 8 " R e b a r w i t h 2 " A l u m i n u m Ca p L S 1 7 1 0 ( u n l e s s o t h e r w i s e n o t e d ) Ri g h t - o f - W a y R/ A part of the Northeast Quarter (NE 1/4) of the Southwest Quarter (SW 1/4), and part of the Southeast Quarter (SE 1/4) of the Northwest Quarter (NW 1/4) all in Section 19, Township 17 North, Range 29 West, Washington County, Arkansas, also being a part of the tract described at File Number 2021-00029879 in the public records of Washington County, Arkansas and being described by metes and bounds as follows: COMMENCING at a 5/8-inch rebar found at the Northeast Corner of said NE 1/4 of the SW 1/4 also being the Northeast Corner of said parent tract; THENCE along the North Line of said parent tract, North 87°44'49" West, passing through a 5/8-inch rebar at a distance of 155.20 feet and continuing for a total distance of 272.02 feet to a 5/8-inch rebar with cap LS#1618 also being the POINT OF BEGINNING; THENCE departing said North Line, South 02°19'45" West, 397.59 feet to a 5/8-inch rebar with cap LS#1618; THENCE North 87°41'00" West, 968.04 feet to a 5/8-inch rebar with cap LS#1618; THENCE Westerly along the arc of a curve to the right 31.83 feet, having a radius of 44.50 feet, through a central angle of 40°59'18", having a chord bearing and distance of North 67°11'50" West, 31.16 feet to a 5/8-inch rebar with cap LS#1618 set on the East Right-of-Way of North Crossover Road (AR Highway 265) per ARDOT Job #040518; THENCE along said East Right-of-Way the following three (3) courses: 1 .North 08°21'32" East, 147.86 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 2 .North 01°35'11" West, 226.14 feet to a 5/8-inch rebar with 2-inch aluminum cap stamped LS#1710; 3 .North 00°54'23" West, 11.00 feet to a 5/8-inch rebar with cap LS#1618; THENCE along the North Line of said parent tract, South 87°52'19" East, passing through a 5/8-inch rebar with cap LS#1118 at a distance of 773.69 feet and continuing for a total distance of 888.09 feet to a 5/8-inch rebar with cap LS#1618; THENCE continuing along said North Line, South 87°44'49" East, passing through a 5/8-inch rebar at a distance of 66.70 feet and continuing for a total distance of 109.67 feet returning to the POINT OF BEGINNING containing 392,073 square feet or 9.00 acres, more or less. La t i t u d e : 3 6 ° 7 ' 4 7 " N Lo n g i t u d e : 9 4 ° 6 ' 5 7 " W JO Y C E B L V D VI C I N I T Y M A P NO T T O S C A L E AP P R O X I M A T E S T R E E T L O C A T I O N S B A S E D O N CI T Y O F F A Y E T T E V I L L E M A S T E R S T R E E T P L A N JO Y C E B L V D CROSSOVER RD OAKLAND ZION RDOLD WIRE RD OLD MISSOURI RD E. Z I O N R D SI T E N. CROSSOVER RD LA K E FA Y E T T E V I L L E FAYETTEVILLE CITY LIMITS ZI O N R D Su b j e c t T r a c t D e s c r i p t i o n Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 27 of 36 BM # 1 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 9 5 7 . 3 8 E: 6 8 6 , 8 8 6 . 7 5 El e v . = 1 2 8 4 . 0 2 ' X X X X X X X X X X X X X X X X X X X X X X X X X X X X W GAS GAS GAS GASGASGASGAS GA S UGE UG E T E E E E E 8' ' S S 8' ' S S 10''SS 10''SS 10''SS 8''SS 8''SS 10 ' ' S S 10 ' ' S S 8''SS X X X X X BM # 2 5/ 8 " R E B A R W I T H C E I C A P N: 6 6 0 , 3 0 0 . 9 2 E: 6 8 6 , 8 9 4 . 5 4 El e v . = 1 2 8 6 . 6 1 ' D D D D D DD D D SS S S 5/ 8 " R E B A R WI T H P I P E O N CE N . 1 / 4 C O R SE C . 1 9 G E E XX X X X X X OH E IR O N P I N IR O N P I N PL P E R AR D O T PL A N S P. O . B . N. CROSSOVER RD. (HWY. 265) VARIABLE WIDTH R/W PUBLIC (ASPHALT) PER ARDOT JOB #040518 N. CROSS O V E R R D . (HWY. 26 5 ) VARIABLE W I D T H R / W PUBLIC (A S P H A L T ) PER ARDO T J O B # 0 4 0 5 1 8 PL A N N I N G A R E A 1 (C O M M E R C I A L ) PL A N N I N G A R E A 2 (D E T E N T I O N B A S I N ) 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R 5/ 8 " R E B A R 1" P I P E LE A N I N G 1/ 2 " R E B A R CA P 1 6 9 8 5/ 8 " R E B A R 1/ 2 " R E B A R 5/ 8 " R E B A R CA P 1 1 1 8 5/ 8 " R E B A R W / 2 " AL U M I N U M C A P A R D O T FU T U R E Z I O N R D EX T E N S I O N B Y O T H E R S 5/ 8 " R E B A R N: 6 6 0 , 2 8 7 . 9 8 E: 6 8 7 , 3 2 6 . 0 8 5/ 8 " R E B A R N: 6 6 0 , 2 9 8 . 3 7 E: 6 8 6 , 9 4 9 . 2 7 CE I E N G I N E E R I N G A S S O C I A T E S , I N C . SH E E T N U M B E R SH E E T T I T L E OF CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D FI E L D W O R K DE S I G N E R RE V I S I O N © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 Pl a n n i n g A r e a s E x h i b i t N Crossover Rd. and Zion Rd. City of Fayetteville, Washington County, Arkansas 2 3RE V - 1 12 / 23/2 0 2 5 34 1 2 6 TL P EM DG R CO R P O R A T E T B P L S F I R M # 1 0 0 3 1 5 0 0 30 3 0 L B J F R E E W A Y , S U I T E 9 2 0 DA L L A S , T X 7 5 2 3 4 PH O N E : (9 7 2 ) 4 8 8 - 3 7 3 7 FA X : (9 7 2 ) 4 8 8 - 6 7 3 2 Zoning and Development Standards by Planning Area The Market at Crossover TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S Pl a n n i n g A r e a 1 Pl a n n i n g A r e a 2 X X X Le g e n d Bo u n d a r y L i n e Ad j o i n i n g B o u n d a r y L i n e Ri g h t - o f - W a y L i n e Ea s e m e n t L i n e Re c o r d B e a r i n g & D i s t a n c e p e r De e d F i l e # 2 0 2 1 - 0 0 0 2 9 8 7 9 Ce n t e r l i n e Ba r b W i r e F e n c e L i n e Be n c h m a r k ( B M ) Fo u n d M o n u m e n t ( A s N o t e d ) Tr a f f i c S i g n ( T y p e o f S i g n ) (X X X X ) Bo l l a r d / G u a r d P o s t Tr a f f i c L i g h t ( 1 L a m p ) Tr a f f i c L i g h t ( 2 L a m p s ) Tr a f f i c L i g h t ( 3 L a m p s ) Re i n f o r c e d C o n c r e t e P i p e RC P Br e a k L i n e Fl o w L i n e Fo u n d P i p e ( A s n o t e d ) Se c t i o n L i n e ( 1 / 4 ) Fe n c e P o s t ( W o o d ) Fo u n d 5 / 8 " R e b a r w i t h 2 " A l u m i n u m Ca p L S 1 7 1 0 ( u n l e s s o t h e r w i s e n o t e d ) Ri g h t - o f - W a y R/ W PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N Pl a n n i n g A r e a 2 ( D e t e n t i o n B a s i n ) Th i s a r e a w i l l e n c o m p a s s a l l t h e d e t e n t i o n b a s i n , d ra i n a g e f e a t u r e s , f o r e s t e d ar e a s , n a t u r a l a r e a s , r e c r e a t i o n a l f e a t u r e s . T h e z o ni n g d i s t r i c t i s d e s i g n e d t o pe r m i t a n d e n c o u r a g e t h e m i n i m u m a m o u n t o f d e v e l o p m en t , p r o t e c t n a t u r a l fe a t u r e s , e n c o m p a s s a l l c o m m o n o p e n s p a c e . No n - r e s i d e n t i a l Z o n i n g D i s t r i c t : Pe r m i t t e d u s e s b y u n i t : Un i t 1 Ci t y -wi d e u s e s b y r i g h t Un i t 6 Ag r i c u l t u r e Co n d i t i o n a l u s e s b y u n i t : Un i t 2 Ci t y -wi d e u s e s b y co n d i t i o n a l p e r m i t Un i t 4 Cu l t u r a l a n d r e c r e a t i o n a l f a c i l i t i e s No n - C o m m e r c i a l I n t e n s i t y : · A c r e a g e : 0 a c r e s , N o n - r e s i d e n t i a l S F : 0 S F Bu l k a n d a r e a r e g u l a t i o n s : · L o t w i d t h m i n i m u m : N o n e · L o t a r e a m i n i m u m : N o n e · S e t b a c k r e q u i r e m e n t s : o F r o n t 3 5 f e e t . o S i t e 2 0 f e e t o R e a r 3 5 f e e t · H e i g h t r e g u l a t i o n s : T h e r e s h a l l b e n o m a x i m u m h e i g ht l i m i t s w i t h i n t h e pl a n n i n g a r e a , i f a b u i l d i n g e x c e e d s t h e h e i g h t o f on e ( 1 ) s t o r y , t h e po r t i o n o f t h e b u i l d i n g o v e r o n e ( 1 ) s t o r y s h a l l h a ve a n a d d i t i o n a l se t b a c k f r o m a n y b o u n d a r y l i n e o f a n a d j a c e n t r e s i d en t i a l d i s t r i c t . T h e am o u n t o f a d d i t i o n a l s e t b a c k f o r t h e p o r t i o n o f t h e b u i l d i n g o v e r o n e ( 1 ) st o r y s h a l l b e e q u a l t o t h e d i f f e r e n c e b e t w e e n t h e to t a l h e i g h t o f t h a t po r t i o n o f t h e b u i l d i n g a n d o n e ( 1 ) s t o r y . · B u i l d i n g a r e a : T h e r e s h a l l b e n o b u i l d i n g a r e a l o t r e q u i r e m e n t s f o r op e n s p a c e , n o n - b u i l d a b l e , o r d e t e n t i o n s p o n d l o t s . Si t e P l a n n i n g · La n d s c a p i n g t h r o u g h o u t t h e d e v e l o p m e n t s h a l l c o m p l y w i t h C h a p t er 17 7 o f t h e U n i f i e d D e v e l o p m e n t C o d e ( U D C ) a n d w i l l be m a i n t a i n e d b y th e p r o p e r t y o w n e r t o e n s u r e l o n g - t e r m v i s u a l q u a l i ty a n d en v i r o n m e n t a l p e r f o r m a n c e . · Pa r k i n g s h a l l b e a s s o c i a t e d w i t h p r o p o s e d u s e a n d w i l l c o n fo r m w i t h Ch a p t e r 1 7 2 o f t h e U D C , u n l e s s o t h e r w i s e s h o w n i n t he d e v e l o p m e n t pl a n s . · Ar c h i t e c t u r a l d e s i g n s t a n d a r d s s h a l l c o n f o r m t o b u i l d i n g a n d de v e l o p m e n t r e q u i r e m e n t s w i t h i n t h e U D C , u n l e s s o t h er w i s e n o t e d . · Si g n a g e a l l o w e d w i t h t h e p l a n n i n g a r e a s s h a l l c o n f o r m t o l ar g e s c a l e or n o n - l a r g e s c a l e d e v e l o p m e n t r e q u i r e m e n t s w i t h i n UD C C h a p t e r 1 7 4 , un l e s s o t h e r w i s e s h o w n i n t h e d e v e l o p m e n t p l a n s . Si t e P l a n n i n g : · La n d s c a p i n g t h r o u g h o u t t h e d e v e l o p m e n t s h a l l c o m p l y w i t h C h a p t er 17 7 o f t h e U n i f i e d D e v e l o p m e n t C o d e ( U D C ) a n d w i l l be m a i n t a i n e d b y th e p r o p e r t y o w n e r t o e n s u r e l o n g - t e r m v i s u a l q u a l i ty a n d en v i r o n m e n t a l p e r f o r m a n c e . · Pa r k i n g s h a l l b e a s s o c i a t e d w i t h p r o p o s e d u s e a n d w i l l c o n fo r m w i t h Ch a p t e r 1 7 2 o f t h e U D C , u n l e s s o t h e r w i s e s h o w n i n t he d e v e l o p m e n t pl a n s . · Ar c h i t e c t u r a l d e s i g n s t a n d a r d s s h a l l c o n f o r m t o b u i l d i n g a n d de v e l o p m e n t r e q u i r e m e n t s w i t h i n t h e U D C , u n l e s s o t h er w i s e s h o w n i n th e d e v e l o p m e n t p l a n s . · Si g n a g e a l l o w e d w i t h t h e p l a n n i n g a r e a s s h a l l c o n f o r m t o l ar g e s c a l e or n o n - l a r g e s c a l e d e v e l o p m e n t r e q u i r e m e n t s w i t h i n UD C C h a p t e r 1 7 4 , un l e s s o t h e r w i s e s h o w n i n t h e d e v e l o p m e n t p l a n s . · Ad d i t i o n a l L a n d s c a p e F e a t u r e s : T h e d e v e l o p m e n t s h a l l i n c o r p o r a t e va r i o u s b i k e , p e d e s t r i a n , a n d l a n d s c a p e f e a t u r e s , a bo v e t h e m i n i m u m re q u i r e m e n t s o f t h e U D C , s u c h a s p r e m i u m b i k e r a c k s , s e a t i n g a r e a s , ga t h e r i n g s p a c e s , s t r e e t s c a p e e n h a n c e m e n t s , a n d i m p ro v e d pe d e s t r i a n a n d b i k e c o n n e c t i v i t y f e a t u r e s , a s s h o w n o n t h e s i t e p l a n , o r as o t h e r w i s e a p p r o v e d b y P l a n n i n g S t a f f . SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 Pl a n n i n g A r e a 1 ( C o m m e r c i a l ) Th e z o n i n g w i t h i n t h i s p o r t i o n o f t h e P Z D w i l l b e b as e d l a r g e l y o n t h e e x i s t i n g C- 1 ( N e i g h b o r h o o d C o m m e r c i a l ) z o n i n g d i s t r i c t , c o n f or m i n g t o t h e s t a n d a r d no n - u r b a n f o r m r e q u i r e m e n t s . T h i s d i s t r i c t i s d e s i g ne d p r i m a r i l y t o p r o v i d e co n v e n i e n c e g o o d s a n d p e r s o n a l s e r v i c e s f o r p e r s o n s l i v i n g i n t h e su r r o u n d i n g r e s i d e n t i a l a r e a s . Co m m e r c i a l 1 Z o n i n g D i s t r i c t : Pe r m i t t e d u s e s b y u n i t : Un i t 1 Ci t y -wi d e u s e s b y r i g h t Un i t 1 3 Ea t i n g p l a c e s Un i t 1 5 Ne i g h b o r h o o d s h o p p i n g Un i t 1 6 Sh o p p i n g g o o d s Un i t 1 8 Ga s o l i n e s e r v i c e s t a t i o n s a n d d r i v e -in -th r o u g h r e s t a u r a n t s Un i t 2 5 Of f i c e s , S t u d i o s , a n d r e l a t e d s e r v i c e s Un i t 4 0 Si d e w a l k C a f e s Un i t 4 4 Cl u s t e r H o u s i n g D e v e l o p m e n t Un i t 4 5 Sm a l l s c a l e p r o d u c t i o n Un i t 4 6 Sh o r t -te r m r e n t a l s C o n d i t i o n a l u s e s b y u n i t : Un i t 2 Ci t y -wi d e u s e s b y c o n d i t i o n a l p e r m i t Un i t 3 Pu b l i c p r o t e c t i o n a n d u t i l i t y f a c i l i t i e s Un i t 4 Cu l t u r a l a n d re c r e a t i o n a l f a c i l i t i e s Un i t 3 4 Li q u o r s t o r e s Un i t 3 5 Ou t d o o r m u s i c e s t a b l i s h m e n t s Un i t 3 6 Wi r e l e s s c o m m u n i c a t i o n s f a c i l i t i e s Un i t 4 2 Cl e a n t e c h n o l o g i e s No n - R e s i d e n t i a l I n t e n s i t y : · A c r e a g e : 1 . 2 4 a c r e s , N o n - r e s i d e n t i a l S F : 5 4 , 0 0 0 S F Bu l k a n d a r e a r e g u l a t i o n s : · L o t w i d t h m i n i m u m : N o n e · L o t a r e a m i n i m u m : N o n e · S e t b a c k r e q u i r e m e n t s : o F r o n t 1 5 f e e t . 50 f e e t ( i f p a r k i n g i s a l l o w e d b e t w e e n t h e r i g h t - o f - w a y a n d th e b u i l d i n g . o S i d e N o n e 15 ’ ( W h e n c o n t i g u o u s t o a s i n g l e - f a m i l y r e s i d e n t i a l d i s t r i c t ) o R e a r 2 0 f e e t · H e i g h t r e g u l a t i o n s : 5 S t o r i e s Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 28 of 36 UGE UG E T 127 8 127 2 1274 1282 12 7 6 1274 127 2 1270 1268 127 6 12721272 1272 1270 126 6 12 6 4 127 0 127 6 126 4 12 6 4 12 6 4 12 6 8 12 7 0 1264 126 8 127 0 12 8 0 12 7 6 1278 1272 1268 12 7 6 12 7 2 1280 VAN VAN VAN 20' REAR SETBACK VAN VAN VAN 0' S I D E S E T B A C K 10 ' S I D E S E T B A C K 40 ' 50' FRONT SETB A C K 20' REAR SETBACK FU E L ±1 , 6 1 8 S F Ma r k e t ±5 0 , 2 0 8 S F EX I S T I N G TR A F F I C S I G N A L NO R T H C R O S S O V E R R O A D ( H W Y 2 6 5 ) VA R I A B L E W I D T H R O W RE G I O N A L L I N K S T R E E T P E R M S P PR O P O S E D PY L O N S I G N SC R E E N W A L L EA S T Z I O N R O A D 72 ' R O W FU T U R E C O L L E C T O R (P A R T O F A D J A C E N T P Z D ) EX I S T I N G E L E C T R I C EA S E M E N T T O B E V A C A T E D EX I S T I N G G A S A N D U T I L I T Y EA S E M E N T S T O R E M A I N SC R E E N W A L L SC R E E N W A L L PL A Z A W I T H T A B L E S OU T D O O R S I T T I N G AR E A W I T H R A I S E D PL A N T E R C O N T A I N E R S AN D B I K E R A C K S ST O R M W A T E R DE T E N T I O N PE D E S T R I A N P A T H RE S T A R E A CU R V E D A R T B E N C H PE D E S T R I A N P A T H PE D E S T R I A N P A T H PE D E S T R I A N P A T H PE D E S T R I A N P A T H SP E E D T A B L E SP E E D T A B L E PE D E S T R I A N P A T H 50 , 2 0 8 S F 4. 3 2 / 1 , 0 0 0 S F 21 7 S P A C E S PA R K I N G A N A L Y S I S T A B L E MA R K E T B U I L D I N G A R E A PR O P O S E D P A R K I N G R A T I O PR O P O S E D P A R K I N G SI T E A R E A T A B L E MA R K E T ±7 . 8 4 A C FU E L S T A T I O N ±1 . 1 6 A C TO T A L A R E A ±9 . 0 0 A C CE I E N G I N E E R I N G A S S O C I A T E S , I N C . CE I P R O J E C T N U M B E R DA T E PR O F E S S I O N A L O F R E C O R D PR O J E C T M A N A G E R DE S I G N E R RE V I S I O N PR E L I M I N A R Y NO T F O R CO N S T R U C T I O N SH E E T N U M B E R SH E E T T I T L E 26 0 0 N E 1 1 T H S T , S U I T E 3 0 0 BE N T O N V I L L E , A R 7 2 7 1 2 PH O N E : (4 7 9 ) 2 7 3 - 9 4 7 2 FA X : (4 7 9 ) 2 7 3 - 0 8 4 4 3 O F 3 PZ D M A S T E R P L A N RE V - 1 12 / 2 2 / 2 0 2 5 34 1 2 6 MD ACA AE D PZD MASTER PLAN THE MARKET AT CROSSOVER N CROSSOVER RD. & E ZION RD. CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS DRAWING LOCATION - P:\34000\34126.0\DRAWINGS\DESIGN\WORKING\34126 PZD PLAN.DWG -- SAVED BY - SBLONDELL © 2 0 2 5 C E I E N G I N E E R I N G A S S O C I A T E S , I N C . SC A L E I N F E E T 12 0 ' 90 ' 60 ' 0 FL O O D C E R T I F I C A T I O N : TH I S P R O P E R T Y I S N O T L O C A T E D W I T H I N A N Y P R E S E N T L Y E S T A B L I S H E D 1 0 0 - Y E A R F L O O D P L A I N , AS S H O W N B Y T H E F E D E R A L E M E R G E N C Y M A N A G E M E N T A G E N C Y , F L O O D I N S U R A N C E R A T E MA P F O R T H E C I T Y O F FA Y E T T E V I L L E , C O M M U N I T Y P A N E L N U M B E R 05 1 4 3 C 0 0 9 0 G E F F E C T I V E DA T E 1/ 2 5 / 2 0 2 4 . S TH E M A R K E T A T C R O S S O V E R CI T Y O F F A Y E T T E V I L L E , A R K A N S A S Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 29 of 36 FU T U R E D E V E L O P M E N T A T CR O S S O V E R R D & Z I O N R D FA Y E T T E V I L L E , A R CR O S S O V E R R D & E Z I O N R D DE C E M B E R 2 3 , 2 0 2 5 L E G E N D FU E L M A R T 4 PL A Z A W I T H T A B L E S 5 ST O R M W A T E R D E T E N T I O N PO N D P L A N T E D PE R F A Y E T T E V I L L E RE Q U I R E M E N T S * 6 ST O R M W A T E R DE T E N T I O N S H R U B BU F F E R P E R F A Y E T T E V I L L E RE Q U I R E M E N T S * 7 *S I T E P E R I M E T E R A N D S T O R M W A T E R DE T E N T I O N P O N D S P L A N T E D P E R FA Y E T T E V I L L E , A R L A N D S C A P E C O D E PR O P O S E D C O M M E R C I A L BU I L D I N G 9 RA D I A L B I K E “ T R E E ” R A C K S 12 CO N N E C T I O N T O PR O P O S E D S I D E W A L K 10 MA S O N R Y S C R E E N W A L L WI T H M U L T I - C O L O R E D PA N E L S 11 OU T D O O R S I T T I N G A R E A WI T H R A I S E D P L A N T E R CO N T A I N E R S 8 FU E L - M A R T O U T D O O R RE S T A R E A W I T H S P A R K IN L A Y 3 CO N N E C T I O N T O RA Z O R B A C K G R E E N W A Y 1 NO R T H P L A Z A W I T H CU R V E D A R T B E N C H 2 13 14 PY L O N S I G N EV S T A T I O N S RE Q U I R E D T R E E P E R CI T Y L A N D S C A E C O D E PR E M I U M T R E E AD D I T I O N A L T O C I T Y LA N D S C A P E C O D E 1 1 2 4 3 5 8 7 7 9 11 11 12 12 10 6 EX I S T I N G E L K ’ S LO D G E P O N D FU T U R E N E I G H B O R H O O D (B Y O T H E R S ) FU T U R E N E I G H B O R H O O D (B Y O T H E R S ) FU T U R E N E I G H B O R H O O D (B Y O T H E R S ) 14 13 10 12 10 11 5 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 30 of 36 SCREENING WALL CONCEPT CREATE A SPLASH OF COLOR AND VISUAL BARRIER BETWEEN STREET TRAFFIC TRAVELLING EAST & WEST ON E ZION RD. PROVIDE AN INTERESTING DESIGN TO AN OTHERWISE UNINTERESTING FEATURE, SIGNIFICANT PLACEMAKING IMPACT FOR VISITORS AND VISUAL INTEREST RADIAL CURB BIKE “TREE” RACK - PUTUP BIKE SOLUTIONS THE RADIAL CURB RACK IS MADE TO HOLD ONE, TWO, THREE, FOUR, SIX, OR EIGHT BICYCLES WHILE SAVING SPACE, AND INCREASING THE AMOUNT OF PARKING AVAILABLE. WITH THEIR EYE-CATCHING DESIGN AND STURDY CONSTRUCTION, THE CIRCULAR MODELS ARE A GREAT ADDITION TO ANY PUBLIC, COMMERCIAL, OR RESIDENTIAL SPACE. ASK MANUFACTURER FOR COLOR OPTIONS. 11 12 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 31 of 36 CURVED MURAL/ART BENCHES CREATE AN A SPLASH OF COLOR AND ART INTO THE LANDSCAPE. INVITATION FOR THE COMMUNITY TO DESIGN ART FOR THEIR LOCAL NEIGHBORHOOD GROCERY STORE. MAKE THE GATHERING SPACE UNIQUE TO THE AREA AND ENCOURAGE THE LOCAL FAYETTEVILLE “FUNKY” VIBE. 2 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 32 of 36 01 Vi e w a t F u e l S t a t i o n 12 / 0 2 / 2 5 Fa y e t t e v i l l e , A R - 9 0 2 9 9 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 33 of 36 02 Vi e w a t P i c k u p & P h a r m a c y D r i v e - T h r u 12 / 0 2 / 2 5 Fa y e t t e v i l l e , A R - 9 0 2 9 9 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 34 of 36 03 Vi e w a t P a r k i n g L o t 12 / 0 2 / 2 5 Fa y e t t e v i l l e , A R - 9 0 2 9 9 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 35 of 36 04 Vi e w a t R e a r 12 / 0 2 / 2 5 Fa y e t t e v i l l e , A R - 9 0 2 9 9 Planning Commission January 12, 2026 PZD-2025-0005 (THE MARKET AT CROSSOVER) Page 36 of 36 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-217 MEETING OF FEBRUARY 3, 2026 TO: Mayor Rawn and City Council THROUGH: FROM: Council Member Monique Jones SUBJECT: Establish Staggered Three-Year Terms for Food Commission RECOMMENDATION: Council Member Monique Jones is sponsoring an ordinance to establish three-year staggered terms for members of the Food Commission. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Food Commission Terms Agenda Packet - Council Member Monique Jones Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-217 AN ORDINANCE TO AMEND § 33.460 MEMBERSHIP OF THE FOOD COMMISSION ARTICLE TO PROVIDE FOR THREE YEAR STAGGERED TERMS 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 amends § 33.460 by enacting a new subsection f as follows: “f) All citizen members shall serve three year terms after the initial terms in which the food retailer and person engaged is agriculture receive three year terms, the person included in Hunger Relief and one citizen at large receive two year terms, and the other citizens at large receive one year terms. A Council Member may receive a term of up to three years, but not beyond their current term of office.” CivicClerk No.: 2026-217 AGENDA REQUEST FORM FOR: Council Meeting of February 3, 2026 FROM: Council Member Monique Jones ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 33.460 MEMBERSHIP OF THE FOOD COMMISSION ARTICLE TO PROVIDE FOR THREE YEAR STAGGERED TERMS APPROVED FOR AGENDA: ___________________________________ _______________ Council Member Monique Jones Date __________________________________ _______________ Blake Pennington, Sr. Asst. City Attorney Date Approved as to form ___________________________________ _______________ Mayor Molly Rawn Date Acknowledgement 1/27/26 1/27/26 Approved by Zoom Acknowledged by Zoom 1/27/26 AN ORDINANCE TO AMEND § 33.460 MEMBERSHIP OF THE FOOD COMMISSION ARTICLE TO PROVIDE FOR THREE YEAR STAGGERED TERMS 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 amends § 33.460 by enacting a new subsection f as follows: “f) All citizen members shall serve three year terms after the initial terms in which the food retailer and person engaged is agriculture receive three year terms, the person included in Hunger Relief and one citizen at large receive two year terms, and the other citizens at large receive one year terms. A Council Member may receive a term of up to three years, but not beyond their current term of office.”