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Home My WebLink AboutOrdinance 6975Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6975 File Number: 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. PASSED and APPROVED on February 17, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 101.84 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. 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: 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. Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2025-2620 MEETING OF FEBRUARY 17, 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 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 Form v1.55 NVN 44\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE,AR 72701 Ad number#: 578072. PO#: Matter of: ORD 6975 AFFIDAVIT•STATE OF ARKANSAS 1 Maria Hernandez-Lopez_ do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6975 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$101.84. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 02/22/26;NWA nwaonline.com 02/22/26 7)1.‘Aff-4-jx4elie% Legal Cle �� .. R:.SA/ Sebastian \-22 °? e fA • state of ARKANSAS,County of C TAR).- Subscribed and sworn to before me on this 23rd day of February,2026 _ m:2 •••� : „ pJBL\C � , �1 NOTJARY PUBLIC Ordinance:6975 File Number: 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,RESI- DENTIAL 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 Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit 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 ease- ment. Section 2: That the City Council of the City of Feyet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on February 17,2026 Approved: Molly Rawn,Mayor Attest: Kara Paxton,City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:S101.84 February 22,2026 578072