HomeMy WebLinkAboutOrdinance 6990113 West Mountain Street
Fayetteville, AR 72701
(47e) 575-8323
Ordinance: 6990
File Number: 2026-495
AN ORDTNANCE TO AMEND S 161.38 DTSTRICT CC& CONSERVATION, CULTURAL,
AND RECREATTON (CCR) TO PROHTBTT DETENTION AND RETENTION PONDS ON CCR
ZONING DISTRICT FROM SERVING ANY USES EXCEPT FOR USE UNIT ONE'S PERMITTED
USES AND TO ENACT AN EMERGENCY CLAUSE
WHEREAS, drainage detention/retention ponds should only been permitted in a CCR zoning district if they serve
a permitted use in Use Unit l.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I : That the City Council of the City of Fayetteville, Arkansas hereby amends $ l6l .38 (D) by enacting a new
$ 161.38 (DX3) as follows:
"(DX3) Detention/Retention ponds are permitted in a CCR zoning district only if they are serving a
permitted use in Use Unit 1."
Section 2: Emergency Clause. The City Council of the City of Fayetteville, Arkansas hereby determines that
this ordinance should become effective without delay so that all pending rezoning requests for CCR,
Conservation, Cultural, and Recreation District zoning will not have detention or retention ponds within them that
do not serve a permitted use in Use Unit l. Therefore, to guard against the creation of a detention or retention
pond within a CCRzoning district which could serve a use not permitted in Use Unit l, the City Council hereby
declares an emergency exists and in order to preserve the citizens' peace, health, and safety, this amending
ordinance shall become effective immediately upon its passage and approval.
PASSED and APPROVED on April 2l ,2026
Attest:
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Molly Rawn,Kara Paxton, City Treasurer
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ 130;72
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Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2026-495
MEETING OF APRIL 21, 2026
TO: Mayor Rawn and City Council
THROUGH: Kit Williams, City Attorney
FROM: Teresa Turk, Ward 4, Position 1
SUBJECT: AN ORDINANCE TO AMEND § 161.38 DISTRICT CCR, CONSERVATION, CULTURAL,
AND RECREATION
RECOMMENDATION:
BACKGROUND:
§ 161.38 (D) Bulk and Area Regulation require that “(1) At least 80 percent of the zoned area shall be left
undeveloped as green space. (2) No more than 10 percent of the Conservation, Cultural, and Recreation
zoned area be dedicated to open space that also contains hard surface areas such a parking, paved trail, or
other impervious ground cover.”
DISCUSSION:
Drainage detention/retention ponds, should be prohibited from any CCR zoned area.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: 3. Turk Approval
CITY OF
FAYETTEVILLE
ARKANSAS
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2026-495
AN ORDINANCE TO AMEND § 161.38 DISTRICT CCR, CONSERVATION, CULTURAL,
AND RECREATION (CCR) TO PROHIBIT DETENTION AND RETENTION PONDS ON CCR
ZONING DISTRICT FROM SERVING ANY USES EXCEPT FOR USE UNIT ONE’S
PERMITTED USES AND TO ENACT AN EMERGENCY CLAUSE
WHEREAS, drainage detention/retention ponds should only been permitted in a CCR zoning district if
they serve a permitted use in Use Unit 1.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.38 (D) by
enacting a new § 161.38 (D)(3) as follows:
“(D)(3) Detention/Retention ponds are permitted in a CCR zoning district only if they are
serving a permitted use in Use Unit 1.”
Section 2: Emergency Clause. The City Council of the City of Fayetteville, Arkansas hereby determines
that this ordinance should become effective without delay so that all pending rezoning requests for CCR,
Conservation, Cultural, and Recreation District zoning will not have detention or retention ponds within
them that do not serve a permitted use in Use Unit 1. Therefore, to guard against the creation of a
detention or retention pond within a CCR zoning district which could serve a use not permitted in Use
Unit 1, the City Council hereby declares an emergency exists and in order to preserve the citizens’
peace, health, and safety, this amending ordinance shall become effective immediately upon its passage
and approval.
CivicClerk No.: 2026-495
AGENDA REQUEST FORM
FOR: Council Meeting of March 17, 2025
FROM: Teresa Turk
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND§ 161.38 DISTRICT CCR, CONSERVATION,
CULTURAL, AND RECREATION TO PROHIBIT DETENTION AND RETENTION
PONDS ON CCR ZONED PROPERTY
APPROVED FOR AGENDA:
CouJcil Member Teresa Turk
Approved as to form
Mayor Molly Rawn
Acknowledgement
2 --ZS' --z..~
Date
Date
Outlook
Re: ordinance to prohibit detention/retention ponds in CCR zoned property
From Turk, Teresa <teresa.turk@fayetteville-ar.gov>
Date Wed 2/25/2026 4:32 PM
To Williams, Kit <kwilliams@fayetteville-ar.gov>
Thank you Kit and I approve of this amendment. Can you please send forward to the City Clerk?
Thanks for your assistance,
Teresa
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Sent: Wednesday, February 25, 2026 3:32 PM
To: Turk, Teresa <teresa.turk@fayetteville-ar.gov>
Cc: Rawn, Molly <molly.rawn@fayetteville-ar.gov>
Subject: Fw: ordinance to prohibit detention/retention ponds in CCR zoned property
Teresa,
Attached is the ordinance you requested to prohibit detention/retention ponds on
CCR zoned property.
Kit Williams
City Attorney
City of Fayetteville AR
479-575-8313
From: City _Attorney <city _attorney@fayetteville-ar.gov>
Sent: Wednesday, February 25, 2026 3:28 PM
To: Williams, Kit <kwilliams@fayetteville-ar.gov>
Subject: