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HomeMy WebLinkAbout2007-08-23 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit WilliamsPVj Ward 2 Position 2—Nancy Allen Ward 3 Position l—Robert K.Rhoads TCity Clerk Sondra Smith Ward 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 23, 2007 This meeting was originally scheduled for August 21, 2007 but was rescheduled to August 23, 2007 after the Final Agenda went out. A meeting of the Fayetteville City Council will be held on August 23, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Arts & Economic Prosperity Study—Terri Trotter Public Facilities Board Appointment by Mayor Coody- Tommy Weese and Steve Cosby were appointed A. CONSENT: 1. Approval of the August 7, 2007 City Council meeting minutes. APPROVED. 2. Baird, Kurtz & Dobson, LLP: A resolution to approve an annually renewable five year contract with BKD, LLP in the amount of$75,000.00 for this year. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-07. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. Mud Creek Trail Grant: A resolution expressing the willingness of the City of Fayetteville to utilize Federal-Aid Moneys and apply for an 80/20 grant in the amount of $100,000.00 to rebuild and improve a section of the Mud Creek Trail. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-07. B. UNFINISHED BUSINESS: 1. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District between 1 P.M. to 11 P.M. and as a residential zone for all other locations and times for the purposes of the noise ordinance. This ordinance was Left on the First Reading at the July 3, 2007 City Council meeting. This ordinance was Left on the Second Reading at the July 17, 2007 City Council meeting. This ordinance was Left on the Second Reading and Tabled to the August 21, 2007 City Council meeting THIS ITEM WAS TABLED INDEFINITELY. 2. Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge): An ordinance repealing and replacing Ordinance No. 4971, extending the expiration date for R-PZD 04-1307 (Aspen Ridge) to June 29, 2008. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. 3. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Associated (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE. C. NEW BUSINESS: 1. Red Oak Park Streambank Improvements Project: A resolution approving a project design for the Red Oak Park Streambank Improvements submitted by the Arkansas Game and Fish Commission Region 1 Stream Team. THIS ITEM WAS TABLED INDEFINITELY. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 2. ADM 07-2577 (Downtown Design Overlay District Architecture Standards): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions and Chapter 166: Development to adopt a Downtown Design Overlay District, Parking Garage Design Standards, DDOD Boundary Map and related definitions. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 3. ADM 07-2693 (Links at Fayetteville PZD Modification): An ordinance amending a residential planned zoning district entitled R-PZD 07-2452, Links at Fayetteville, located on the north side of Wedington Drive and east of Rupple Road, containing approximately 152.23 acres, to reflect revised maximum height limit for Planning Area III of 52'. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5053. 4. Sales and Use Tax Capital Improvement Bonds Series 2007 — Wastewater Improvement Project: : An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2007, for the purpose of financing a portion of the costs of certain wastewater system line extensions and betterments and related facilities; authorizing the execution and delivery of a first supplemental trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5054. 5. Road Impact Fees: A resolution to express the City of Fayetteville's intent to enact road impact fees. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-07. 6. Sweetbriar Park Easement Vacation: An ordinance vacating an electrical utility easement and granting a replacement easement at Sweetbriar Park. THIS ITEM WAS ADDED AT THE CITY COUNCIL MEETING, AUGUST 23, 2007, PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5055. D. INFORMATIONAL: City Council Tour: None Meeting adjourned at 8:00 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting August 23, 200 ®� `` � '00 Subject: 2 Motion To: Motion By: Seconded: Jordan Gray Thiel f Cook Allen ni Rhoads VVII Ferrell 4C414.1i Lucas �� Mayor Coody Subject: RM- w,- O " Motion To: y� � try -6 COSIM— Motion By: e Seconded: Jordan Gray t/ q Thiel f 10tweeSe Cook Allen �nn `P�tJ2- Rhoads Ferrell �JPpia� eo� Lucas Mayor Coody City Council Meeting August 23, 200 Subject: Motion To: Motion By: Seconded: Jordan L� Gray Thiel Cook Allen � Rhoads f Ferrell ✓ Lucas Asti Mayor Coody Subject: f ®off r` n t ` Motion To: / i Motion By: Seconded: Um Ais,& JordaLX n Gray ' Thiel ✓ e � a � Cook Allen Rhoads Ferrell Lucas Mayor Coody City Council Meeting August 23, 200 Subject: Wp Motion To: Al Motion By: Seconded: Jordan Gray Thiel Cook Allen 1 Rhoads Ferrell Lucas 04.5-IA J- Mayor Coody Subject: Motion To: A4 Motion By: Seconded: Jordan ` Gray W400- Thiel Cook Allen e✓' 1C Rhoads Ferrell Lucas Mayor Coody q ,10 City Council Meeting August 23, 200 Subject: O,d e �./L� Motion To: 74 44t, P e Motion By: NO Seconded: ,� / O Jordan f /1/ Gray Thiel Cook Allen Rhoads ri Ferrell Lucas Mayor Coody Subject: Q 07 — c26- 77 C, Q� 4-c"rK &4 top � r Motion To: Motion By: Seconded: Jordan Gray i Thiel Cook Allen Rhoads l S� Ferrell Lucas Mayor Coody J City Council Meeting August 23, 206 , Subject: #D M ® 7 - 9 0 3 ( f;Rk,& Motion To: n� Motion By: Seconded: Jordan �/ L1011- Gray Gray ,/ ✓ Thiel t/' Cook Allen ✓ �' ,/ Rhoads ✓ / Ferrell Lucas E yor Coody GU �o Subject: 90-1.4 ( . r e — ouv SAjt0 Motion To: � '100 7 Motion By: Seconded: A Jordan /V Gray a rilQ.;g,..t�a L4 Thiel ✓ ✓ Cook ✓ ,/ Allen �✓ ✓ ✓ Rhoads Ferrell Lucas 1 �D S Mayor Coody ® D ' '' 7 City Council Meeting August 23, 200 , Subject: D Lt-GC /bt90 �,2Q.t2J Motion To: Motion By: Seconded: p� Jordan Gray ,/ V001, Thiel Cook ✓ �/ Allen Rhoads ,/' &/ Ferrell �/ Al Lucas ] v a IC�3 Mayor Coody Subject: A 4-19 �7Wex lj Gt✓i. G � Motion To: OrdIk Motion By: a pP Seconded: kcl` Q� Jordan ✓ �® Gray r/ ✓ ✓ �/ Q Thiel �/ ✓ ✓ ✓ . Cook ,,�°` ✓ � ✓ Allen �- � ✓ Rhoads ate. Ferrell UO/ Lucas 14914e ; 5655 Mayor Coody 7� a 17, 0 17-0 17 0 Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PVj C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 3 Position 2—Robert Ferrell ARKANSAS Ward 4 Position 1 —Shirley Lucas Ward 4 Position 2—Lioneld Jordan Final Agenda City of Fayetteville Arkansas City Council Meeting August 21, 2007 A meeting of the Fayetteville City Council will be held on August 21, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance Arts & Economic Prosperity Study—Terri Trotter Public Facilities Board Appointment by Mayor Coody A. CONSENT: 1. Approval of the August 7, 2007 City Council meeting minutes. 2. Baird, Kurtz & Dobson, LLP: A resolution to approve an annually renewable five year contract with BKD, LLP in the amount of$75,000.00 for this year. 3. Mud Creek Trail Grant: A resolution expressing the willingness of the City of Fayetteville to utilize Federal-Aid Moneys and apply for an 80/20 grant in the amount of $100,000.00 to rebuild and improve a section of the Mud Creek Trail. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org B. UNFINISHED BUSINESS: 1. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161: Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District between 1 P.M. to 11 P.M. and as a residential zone for all other locations and times for the purposes of the noise ordinance. This ordinance was Left on the First Reading at the July 3, 2007 City Council meeting. This ordinance was Left on the Second Reading at the July 17, 2007 City Council meeting. This ordinance was Left on the Second Reading and Tabled to the August 21, 2007 City Council meeting. 2. Amend Ordinance 4971 (R-PZD 04-1307 Aspen Ridge): An ordinance repealing and replacing Ordinance No. 4971, extending the expiration date for R-PZD 04-1307 (Aspen Ridge) to June 29, 2008. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. 3. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Associated (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. C. NEW BUSINESS: 1. Red Oak Park Streambank Improvements Project: A resolution approving a project design for the Red Oak Park Streambank Improvements submitted by the Arkansas Game and Fish Commission Region 1 Stream Team. 2. ADM 07-2577 (Downtown Design Overlay District Architecture Standards): An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 151: Definitions and Chapter 166: Development to adopt a Downtown Design Overlay District, Parking Garage Design Standards, DDOD Boundary Map and related definitions. 3. ADM 07-2693 (Links at Fayetteville PZD Modification): An ordinance amending a residential planned zoning district entitled R-PZD 07-2452, Links at Fayetteville, located on the north side of Wedington Drive and east of Rupple Road, containing approximately 152.23 acres, to reflect revised maximum height limit for Planning Area III of 52'. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 4. Sales and Use Tax Capital Improvement Bonds Series 2007 — Wastewater Improvement Project: : An ordinance authorizing the issuance and sale of the City's Sales and Use Tax Capital Improvement Bonds, Series 2007, for the purpose of financing a portion of the costs of certain wastewater system line extensions and betterments and related facilities; authorizing the execution and delivery of a first supplemental trust indenture pursuant to which the bonds will be issued and secured; authorizing the execution and delivery of an official statement pursuant to which the bonds will be offered; authorizing the execution and delivery of a bond purchase agreement providing for the sale of the bonds; authorizing the execution and delivery of a continuing disclosure agreement; and prescribing other matters relating thereto. 5. Road Impact Fees: A resolution to express the City of Fayetteville's intent to enact road impact fees. D. INFORMATIONAL: City Council Tour: None 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Public Facilities Board Appointment Page 1 of 2 JAMES N. McCORD Attorney at taw 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMILE (479) 521-6733 jimm ccordlawO-alltel.net July 25,2007 Hon. Dan Coody,Mayor City Administration Building 113 West Mountain Fayetteville,AR 72701 Re: Appointment of successor members to Fayetteville Public Facilities Board Dear Mayor Coody: The terms of Fayetteville Public Facilities Board members Tommy Deweese and Steve Cosby expired May 5, 2007. The City of Fayetteville advertised twice for applicants for appointment to the Public Facilities Board(the"PFB").No applications were received. On June 15, 2007, a majority of the PFB voted to nominate Tommy Deweese and Steve Cosby as successor members for five-year terms. Mr. Deweese and Mr. Cosby have agreed to serve. Please appoint Tommy Deweese and Steve Cosby as successor members on the PFB, subject to confirmation by the Fayetteville City Council as provided by Ark. Code Ann. Sec. 14-137-108. The terms of PFB,members Dennis Smith, Phil Taylor and Steve Adams expire October 15,2007. Sincerely, es N. McCord Board Counsel cc: Kit Williams, City Attorney Sondra Smith, City Clerk RECEIVED JUL 2 5 2W? CITY OF FAYETrFVILLE CITY CLERK'S OFFICE Public Facilities Board Appointment Page 2 of 2 Public Facilities Board DESCRIPTION: The Public Facilities Board was established by Ordinance No. 2485 on November 21, 1978. The Public Facilities Board is authorized to issue revenue bonds to finance residential housing, health care, and related facilities to persons of low or moderate income and for the elderly. TERMS: Staggered five-year terms. The term shall begin on the date the appointee files an Oath of Office. MEMBERS: The Board is composed of five members as follows: ■ Five members from the public-at-large. APPOINTMENT: Members must be nominated by a majority of the board and appointed by the mayor subject to confirmation of the governing body of the City. CONTACT: Jim McCord,Board Counsel,695-1134. PUBLIC NOTIFICATION: A weekly meetings list is prepared by the City Clerk's office which is distributed to the press and posted on the City's web site: www.accessfayetteville.org. MEETING TIMES: Scheduled as needed. 44 City Council Meeting Minutes August 7, 2007 Page ] of 43 Aldermen Mayor Dan Coody Ward 1 Position 1 — Adella Gray Ward 1 Position 2— Brenda Thiel City Attorney Kit Williams Ward 2 Position l —Kyle B. Cook Ward 2 Position 2 —Nancy Allen Ward 3 Position I —Robert K. Rhoads City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 — Shirley Lucas Ward 4 Position 2 —Lioneld Jordan City of Fayetteville Arkansas City Council Meeting Minutes August 07, 2007 A meeting of the Fayetteville City Council was held on August 07, 2007 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Vice Mayor Jordan called the meeting to order. PRESENT: Alderman Gray, Thiel, Cook, Allen, Rhoads, Ferrell, Lucas, Jordan, City Attorney Kit Williams, City Clerk Sondra Smith, Staff, Press, and Audience. ABSENT: Mayor Coody Pledge of Allegiance Vice Mayor Jordan: Alderwoman Gray has a special presentation for us tonight. Alderman Gray: We do have a special presentation. The First School of First Presbyterian Church is going to sing for us. This is just the K-1 Class. They are going to sing a recycling song that they felt would be a very good one for our city. They wrote the song. Presentation: First School of First Presbyterian Church K-1 Class - Carolyn Swaney, Teacher and David Channell on guitar. Alderman Gray: We appreciate this very much. Vice Mayor Jordan: I believe Alderwoman Allen wants to pull an item from the Consent Agenda. Alderman Allen: Yes, I would like to pull #7 please. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 2 of 43 Vice Mayor Jordan: Should we put it at the end of the Consent Agenda right before we start _ unfinished business? Alderman Allen: That would be great. CONSENT: Approval of the July 03, 2007 and July 17, 2007 City Council meeting minutes. Approved Bid # 07-46 Littlefield Oil Company: A resolution to approve an annually renewable contract with Littlefield Oil Company pursuant to Bid # 07-46 in the approximate annual amount of $15228,023.00. Resolution 137-07 as Recorded in the office of the City Clerk. Bid # 07-49 Sunbelt Fire, Inc: A resolution awarding Bid # 07-49 to Sunbelt Fire, Inc. (Emergency One) for the purchase of one (1) 114' Articulated Aerial Platform Truck in the amount of $886,843.00 for use by the Fayetteville Fire Department; and approving the purchase of ancillary equipment in an amount not to exceed $25,000.00. Resolution 138-07 as Recorded in the office of the City Clerk. } Bid # 07-56 Downing Sales and Service: A resolution awarding Bid # 07-56 to Downing Sales and Service, Inc. for the purchase and installation of one (1) recycling baler in the amount of $211,393.00 plus applicable taxes; and approving a project contingency in the amount of $5,500.00. Resolution 139-07 as Recorded in the office of the City Clerk. IBM AS400: A resolution approving the purchase of an IBM AS400, Model 9406-515 through the state purchasing contract in an amount not to exceed $43,700.00 for use by the Fayetteville Police Department. Resolution 140-07 as Recorded in the office of the City Clerk. Airport Museum: A resolution to approve a budget adjustment in the amount of $16,000.00 from Economic Development Funds to the Airport Museum to finish the cabinets for display of historic documents. Resolution 141-07 as Recorded in the office of the City Clerk 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7, 2007 Page 3 of 43 GeoSyntec Consultants, Inc: A resolution awarding a contract to GeoSyntec Consultants, Inc. in the amount of $199,883.00 to develop a Nutrient Reduction Plan in accordance with the Beaver Water District Agreement, WSIP Subproject BWD-1, RFP 06-17. This Resolution was removed from the Consent Agenda and added before Unfinished Business. Stone Bridge Lift Station Upgrade: A resolution approving an out-of-scope agreement with OMI in the amount of $236,225.00 for the upgrade of Lift Station 13 (Stone Bridge), WSIP .Subproject EL-4 LS-13; and approving a 2% EL-4 project contingency in the amount of $7,000.00. Resolution 142-07 as Recorded in the office of the City Clerk Industrial Park Lift Station Upgrade: A resolution approving an out-of-scope agreement with OMI in the amount of $74,942.00 for the upgrade of Lift Station 14 (Industrial Park), WSIP Subproject EL-4 LS-14; and approving a 2% EL-4 project contingency in the amount of $1 ,500.00. Resolution 143-07 as Recorded in the office of the City Clerk. McCollum Road Lift Station Upgrade: A resolution approving an out-of-scope agreement with OMI in the amount of $74,931 .00 for the upgrade of Lift Station 16 (McCollum Road), WSIP Subproject EL-4 LS-16; and approving a 2% EL-4 project contingency in the amount of $1,500.00. Resolution 144-07 as Recorded in the office of the City Clerk. Clean-up at 509 East Huntsville Road: A resolution certifying to the Tax Collector of Washington County the costs of abating unsightly and unsanitary conditions upon the property located at 509 E. Huntsville Rd. in the City of Fayetteville, Arkansas. Resolution 145-07 as Recorded in the office of the City Clerk. Eagle Park Improvement Grant: A resolution authorizing the Mayor to apply for an Arkansas - Parks and Tourism Outdoor Recreation Grant in an amount not to exceed $125,000.00 for improvements to Eagle Park. Resolution 146-07 as Recorded in the office of the City Clerk. McClelland Consulting Engineers, Inc: A resolution approving task order #1 with McClelland Consulting Engineers, Inca in the amount of $45,000.00 to conduct an obstruction survey of the Drake Field Runway Approaches; accepting a grant from the Arkansas Department of Aeronautics in the amount of $2,250.00; and approving a budget adjustment in the amount of $45,000.00. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 4 of 43 Resolution 147--07 as Recorded in the office of the City Clerk. Alderman Lucas moved to approve the Consent Agenda as read. Alderman Cook seconded the motion. Upon roll call the Consent Agenda passed 7-0. Alderman Rhoads was absent during the vote. Alderman Allen asked that the following item be removed from the Consent Agenda for discussion. GeoSyntec Consultants, Inc: A resolution awarding a contract to GeoSyntec Consultants; Inc. in the amount of $199,883.00 to develop a Nutrient Reduction Plan in accordance with the Beaver Water District Agreement, WSIP Subproject BWD-1, RFP 06-17. Alderman Allen: In my short stead on the Council there have been a number of times with the Consent Agenda where I have not been real clear why something would be on Consent but I think I am getting a better grip on that. I took a better look at this and wondered why we would need to have a consultant come in to do this study. I wondered why it has to be outsourced and why we couldn't do it in house. Basically I am wanting some explanation as to why this should be on Consent. David Jurgens, Water/Wastewater Director: As for the Consent, I can't really answer that, it is eligible for Consent because it is approved by resolution but we are happy to discuss anything that you wish to discuss. The reason we are going to a consultant for this is because frankly this ) is something that staff doesn't have the skills or training to do in order to determine where the nutrient loading is getting into the white river and then into Beaver Lake. It's an evaluation of a lot of different factors. It's an evaluation of soil types and where the soil might be coming from run-off where stream banks are eroding. It also looks at specific mapping from aerial photography. It's looking within the City of Fayetteville but our City limits have a lot :of non- developed area inside the White River Basin. So frankly it's skills that the staff doesn't have in hand. It also gives us an independent, impartial evaluation of where the nutrient loadings are getting into Beaver Lake, nutrient loadings being specifically phosphorous being the primary. The reason we need the contract and to do this work is because our Wastewater Treatment Plant, in getting its new permit, one of the issues that came up was the nutrient loading to Beaver Lake. David described why the contract is needed. Alderman Allen: Did anyone else have any thoughts on this particular item or was I the, only one. Alderman Ferrell: I was asked to serve on the committee that went through the RFP'sfor this process and I too had questions like you. I realized it was part of the process to get the permit. Alderman Cook: We have been kicking around this idea for years. I know at the water and sewer level we talked about it a few times and ultimately this Council approved a year. ago the policy of moving forward with this study and that is what started the RFP process. The Water 1 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 5 of 43 and Sewer Committee agreed with that and I thought it was a good thing personally because it's studying the White River watershed which is our water supply. There have been a lot of discussions about the loading on that basin and I thought this was a good thing for the City to kick into do. It's been a long time in discussion. Alderman Thiel: If I recall this also went to the Environmental Concerns Committee. Alderman Allen: I thank you for the Council's input and I'm comfortable with leaving it there. Alderman Allen moved to approve the resolution. Alderman Lucas seconded the motion. Upon roll call the resolution passed 7-0. Alderman Rhoads was absent during the vote. Resolution 148-07 as Recorded in the office of the City Clerk. UNFINISHED BUSINESS: CUP 07-2560 Bohot Appeal: A resolution to grant the appeal of the Planning Commission's approval of Conditional Use Permit 07-2560 (Bohot) and to deny the conditional use. This appeal was Tabled at the July 17, 2007 City Council meeting to the August 7, 2007 City Council meeting. Jeremy Pate, Director of Current Planning gave a brief description of the item. He stated this has been appealed by Aldermen to the City Council. Planning Commission approved this 5-3. The request is for a childcare facility and that does allow up to 10 children however the Planning Commission amended the Conditions of Approval and stated no more than eight children. Jeremy gave the conditions of approval. He stated the project meets all our general criteria for a childcare facility. It is simply an issue of compatibility. Staff recommended approval finding this would serve this neighborhood and other neighborhoods in the area. -Wilma Bohot, resident of 124 E. 261h Circle: I want to open a licensed in home daycare to provide a safe place for children. Vice Mayor Jordan set some rules for public speaking and he asked the audience to please adhere to them when addressing the Council. Dave Harvey, a resident of 145 E. 26th Circle stated I would like to address the additional traffic that would be generated in our neighborhood if Wilma Bohot is allowed to start a daycare center. He described his concerns regarding the traffic. He also stated this is not compatible with the neighborhood. He stated that most if not all the children that will be using the day care will be arriving from other areas which will be a source of the additional traffic. He stated 80% of the current residents have voiced their opposition to the proposed daycare center and the incompatibility with the neighborhood and the fact that we have covenants up there that restrict the use of any commercial program that might wish to be developed. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevil le.org City Council Meeting Minutes August 7,2007 Page 6 of 43 Jay Rodman, resident of 115 E. 20h Circle pointed out that in 2006 the Planning Commission voted unanimously to deny this application. He asked what has changed in a year. He went on to speak .against approval of the daycare. He stated we oppose any commercial activity in our long established residential only neighborhood. On behalf of all the residents of the neighborhood that have expressed in an overwhelming majority their opposition to this conditional use permit that the Council recognize what the Planning Commission could not. Our neighborhood was designed to be residential only. Lisa Claybrook, a resident of E. 28th Circle stated I sent an email expressing my support for Ms. Bohot. As a new mother and family we have found it very difficult to find adequate daycare in Fayetteville that isn't an institutional facility. We looked for in home daycare specifically and we know that is the type of environment that we want our child in. So we were delighted to meet Wilma and learn more about the steps that she has gone through to make sure she had an accredited, safe and supportive environment that was a home environment for a child. She is the second house on the first street so the traffic will not be filtering through the entire neighborhood. To say that it is only a retirement neighborhood is a little short sided because neighborhoods change over time. I feel she has gone through all the steps to make sure that she met state and city requirements and she has lived in the neighborhood for 20 years. I know she has the best interest at heart for it and plans to stay. I don't think she intends to take away from the quality of life that we all enjoy while living there. I feel that this type of daycare is needed in Fayetteville. Janet Wilson, a resident of Club Oak Street stated I think the issue here is not so much the daycare center but by allowing the daycare center it would open the door to other home based ) businesses. That is the dangers that the majority of the people who are against the daycare have in mind. Samantha Mansell, resident of 149 NW Campbell Loop Rd. stated I have known Ms. Bohot for 10 years now. She is a wonderful person and is very trustworthy. For them to be concerned about the traffic, she is the second house in there. She will provide a safe environment for the children and they will be able to come and there will be no harm done. It's not like all the parents will be there all at once. She will be able to provide the best daycare because it is very hard to find daycare out there for children now days. Jim Hashbarger, resident of 2519 S. College Drive stated that I don't think that most of the people that live there have anything personally against the daycare or applicant. It's the fact that we have purchased our houses with the knowledge that it was a residential area. If we keep it residential it adds more to that community and would preserve what we bought when we purchased our land. Ann Hanna Newell, resident of 41 E. 29th Circle stated the covenants have never been rescinded and it states that there should be no commercial activities in that particular neighborhood. She went on to express her concerns about the traffic that the daycare would add to the street. She asked the Council to please consider the fact that we have all invested money in our homes. She stated we don't wish any harm to Ms. Bohot but commercialism in residential areas is two opposite ends of the spectrum. She suggested placing the daycare on 71 B. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 7 of 43 Terra Vaneustren, speaking on behalf of her mother who lives at 6 E. 291h Street expressed her concerns about the traffic this daycare would generate. She also pointed out that the hill is very dangerous especially in the winter time. She stated that it is dangerous for preschoolers to go up that hill because accidents happen. Robert Cooper, a resident of 2957 S. College Drive stated for ten years I had a daycare next door to me. I would like to ask for a show of hands of those of us who are here in support of Ms. Bohot and those who are opposed. Those in support of Ms. Bohot, please raise your hand. Members of the audience raised their hands. Those who are opposed to Ms. Bohot please raise your hand. Members of the audience raised their hands. William Summers, a resident stated today I read the Planning Commission minutes and the associated documents from the meeting where they approved this petition. I think they made the right decision and I urge the Council to sustain them. Casey Howell, owner of a daycare in Rogers stated the daycare is nothing like a commercial business nor a preschool. There have been several issues from the neighbors about parking. Her driveway would park 9 to10 cars easily. The neighbors were also afraid that the children would be out in the road so she put up a privacy fence. There was also an issue about noise while the daycare is in operation. I have been in Ms. Bohot's house several times and where she plans on having her in home daycare was in the den. The den is in the center of her home, there would be no noise from those children. Several of them are talking about this being a commercial business. This is not commercial, all she is asking for is a conditional use permit, this does not change any zoning in the area. She went on to speak about Ms. Bohot's qualifications. She stated she has been approved for all of this. I feel a lot of this has been blown out of proportion. She stated the most cars I have had in my driveway at one time since I have owned my business is three. Parents get off at different times and go to work at different times. I hope that you all will allow Ms. Bohot to fulfill her dreams. Alderman Thiel: I don't think this is a question about Ms. Bohot's character. I think she has the credentials to provide this service and I know she has worked hard to try to get this established. As it has been pointed out this has been the second time she has tried for this. I think the concern of everyone is that they bought their home with a certain idea of what that neighborhood is going to be and they want it to stay that way. They have a valid concern about this setting a precedent. I will have to support the neighborhood because they feel very strongly about this. I feel like it is not compatible with the neighborhood and it's going to add traffic to the neighborhood and they just don't want it. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 8 of 43 Alderman Gray: I agree with Ms. Thiel. I will have to support the neighborhood as well. I have had many letters, phone calls and emails from residents in this community. Even though I think that good daycare is very important, we have to respect all the other families who bought their homes thinking that there would not be any commercial business. I will have to support the neighborhood and hope that Ms. Bohot can find another location to have her daycare. I want her to be able to do what is important to her as well as provide a service for children in our community. Alderman Lucas: To appeal this it took three aldermen. I looked over this and decided to sign this appeal. I am a strong proponent of protecting an established neighborhood. I think that if there is strong opposition in a neighborhood to change then you must listen to it. This is just maintaining the stability in a neighborhood so I will support this appeal.. She went on to point out that this was denied last year and she could not see any change that would make it any different. She stated there are other areas that a daycare could be put in but mainly it was protecting established neighborhoods. Each side has their rights to protect their neighborhood. Alderman Allen asked Kit Williams I am trying to understand covenants and how much we look at that when making this decision. City Attorney Kit Williams: The City Council like the Planning Commission should not consider restrictive covenants; they are private contractual agreements between the property owners. Often times there are disputes to what the covenant means. If the property owners are unhappy with granting a conditional use or some business that violated their restrictive covenants then they can certainly take it to court. Those are private rights and they can't be enforced ) outside this arena by the neighbors if in ' fact they believe they have violated the restrictive covenants. Alderman Allen: I was wondering, we talk about only the new neighborhoods having the mixed use, is that just an unwritten philosophy or is that actually a part .of the 2025 Plan? I wasn't aware that we didn't look at a mixed use in an established neighborhood. Jeremy Pate: I would agree, I don't think we differentiate between new and old neighborhoods in terms of use; obviously the City Plan 2025 does promote infill which is surrounded by older neighborhoods. We did a quick search and since 2004 the Planning Commission has approved 4 conditional use permits for in home daycares none of which have been new neighborhoods, they have all been in old neighborhoods. Alderman Allen: Thank you, I also wondered if there had been any other efforts for conditional uses in this neighborhood through the years. Jeremy Pate: We were asked that question and we didn't really find any applieations for conditional use permits. It doesn't mean they weren't there from the 1960's and 1970's but we did not find any readily available requests. Obviously the commercial uses in the Country Club were established well before we required conditional use permits or special approvals for that. The only one I have was associated with the Country Club. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7, 2007 Page 9 of 43 Alderman Allen: There has not been a traffic study done to your knowledge. It seems to me a load of golfers or folks coming to eat dinner or to swim would generate far more traffic than this daycare might. Especially considering that it is at the end of the hill. Jeremy Pate: I know there was an extension of this development further over on the other side of the mountain several years back. I looked in those files and I couldn't find any evidence of a traffic study associated with that project. It was rather small but it was an extension of a single family development back behind the east side of the hill where it starts falling back to the east. I did not find any information regarding a traffic study. I'm sure we did some work when the city improved the curve but that was many years ago. So it would probably be outdated. Alderman Thiel: I don't think we are really considering the covenants. I was aware that we were not considering the covenants. Alderman Allen: The neighbors had made reference to it and I thought it was good to clarify it. Alderman Thiel: I still think the idea of mixed use needs to be something that the neighborhood will use and does want. The two that Jeremy mentioned are accessible and they would easily serve neighborhoods all the way around. We need to keep in mind that there is one way in and out of this development. It is not something that people can use from all the way around it. It will either be used from people that live there or from people that come up the hill. Alderman Gray: Jeremy do you recall when we had the other conditional use applications, were there folks who spoke out against or do you recall? Jeremy Pate: Yes there were in both instances. As I remember most recently in 2006 and I believe the other one was either early 2006 or 2005. The one on Raven Lane there was some concern about traffic because the access there is from Mt. Comfort and how that would work. There was concern about no sidewalks within that subdivision because it was constructed in the 1960's without sidewalks and the Commission heard those concerns. The other one east of College Avenue they had concerns about parking on the street. It is a narrow street and so there was some additional restrictions stating no parking on the streets. Hopefully this will solve some of the neighbors concerns. Alderman Thiel: Maybe we need to revisit the 2025 Plan in regard to mixed use in established neighborhoods. That is a very good point. People that lived in those neighborhoods did oppose that. We need to respect established neighborhoods, people who have bought into those neighborhoods that have invested their money and livelihoods and that needs to be respected. So maybe it is something we could look at. Jeremy Pate: In reference to that, all of those prior projects that I have mentioned weren't reviewed under the City Plan 2025 so this has been a conditional use for decades that you are allowed to utilize. So the encouragement for mixed use under the City Plan 2025 is a little bit separate from this whole discussion to be honest. We have not utilized that as something to push these more and more. We accept applications as we get them but we see one or two childcare facilities a year under conditional use permits and have regardless under City Plan 2025 or the 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 10 of 43 General Plan 2020 and even before that. I just wanted to clarify that. I don't think the new plan is promoting childcare facilities to be in neighborhoods any more than the last plan did. Alderman Allen: Have you seen any precedent from one conditional use triggering other conditional uses in the neighborhood? Jeremy Pate: Not to my knowledge. A conditional use permit is looked at on a case by case basis. Every single one of those is contact sensitive, one application for one particular conditional use. We have to look at these individually and understand what impact is associated with that particular use and make that recommendation accordingly. I don't think we can look at one as establishing precedent for something else on the other side of town or even next door, we would look at them individually. Alderman Allen: I would agree and I certainly saw that to be the case when I was on the Planning Commission. I think a lot of times folks feel like wherever they are, what they are seeing at that time is the way it will always be. It is a case by case situation. I care about what happens with this neighborhood. It is just hard for me to understand how the second house on the first street with eight children is going to ruin the lives of the neighborhood. I think that happens any time someone goes up there to play golf with their buddies or go swim or eat dinner. City Attorney Kit Williams: I prepared a resolution and the reason I did that is that you will need to pass this resolution to grant the appeal and to deny the conditional use. It will require five affirmative votes because this would be reversing the Planning Commission. City Attorney Kit Williams read the resolution. Alderman Thiel moved to approve the resolution. Alderman Gray seconded the motion. Upon roll call the resolution passed 7-1. Alderman Allen voting no. Resolution 149-07 as Recorded in the office of the City Clerk Amend Chapter 161: Zoning Regulations: An ordinance amending Title XV: Unified Development Code of the code of Fayetteville to amend Chapter 161 : Zoning Regulations in order to clarify language regulating the height stepback of buildings located in the Main Street Center Zoning District. This ordinance was Left on the Second Reading at the June 19, 2007 City Council meeting. This ordinance was Left on the Second Reading at the July 3, 2007 City Council meeting and Tabled to the July 17, 2007 City Council meeting. This ordinance was left on the Third Reading and tabled at the July 17, 2007 City Council meeting to the August 7, 2007 City Council meeting. Alderman Cook: We have tabled this a couple of times for our Ward. We did discuss it at a Ward meeting with the residents and they were there for another topic so they didn't have much comment on this one. Personally we have had this debate on this area and this height. I do have some reservations about nixing that step back but overall we as a policy decided to allow six 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 11 of 43 stories in the zoning so I am going to go ahead and support this change even though I have some reservations. I think overall it's probably the right thing to do at this point. Alderman Allen: I have some paranoia and I have some reservations about this also but I have been convinced that this is the right thing to do so I will support it. Vice Mayor Jordan asked shall the ordinance pass. Upon roll call the ordinance passed unanimously. Ordinance 5042 as Recorded in the Office of the City Clerk. Amend Chapter 161: Zoning Districts: An ordinance amending Title XV: Unified Development Code of the Code of Fayetteville to amend Chapter 161 : Zoning Districts in order to consider specific areas that are currently zoned Downtown General a Commercial Zoning District between 1 P.M. to 11 P.M. and as a residential zone for all other locations and times for the purposes of the noise ordinance. This ordinance was Left on the First Reading at the July 3, 2007 City Council meeting. This ordinance was Left on the Second Reading at the July 17, 2007 City Council meeting. Alderman Allen: The neighbors have asked that this be tabled. They are trying to continue in their experimentation with the Smokehouse and the police and their noise meters so I would like to table this indefinitely until we can get this worked out. Julie Meisch, Manager of the Garden Room at the Ozark Mountain Smokehouse: If it is tabled are we going to go ahead and decide to put it back on the agenda for the next two weeks? Alderman Allen: I think that the neighbors wanted to make sure that they could be there and talk with you all and try to find a time that everybody could be there for the next experiment before we brought it forward. So in case that hasn't happened in two weeks that is why I was suggesting we do it indefinitely. Julie Meisch: The next opportunity we have is the 1 lth Alderman Allen: The woman that would be most impacted by that will not be in town that particular day so they wanted to know the next available time. Julie Meisch: It is just moment to moment right now. I think we could still go on with the experimentation of the levels since the band will be there. The reading will still be the same and I think at this point you all are determining if the number is going to be altered at all. I know we have discussed with the neighbors the redirection, the insulation for the soundproofing, if it is impacting that one neighbor that is not able to be here on the l l th, can we go ahead and do the readings since it is down to that? Alderman Allen: You have done all that you plan to do in terms of insulation and acoustical? 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7, 2007 Page 12 of 43 Julie Meisch: We have done everything that we can do. Our reconstruction can not happen until our busy season is over which is in December and the first of January. Alderman Cook: I don't have a problem with going ahead and doing the readings and then at least get a measurement of where we are at at this point. I don't see a problem with that. Vice Mayor Jordan: So we could go ahead with the tabling. Alderman Cook: Yes, I think we should continue with that, but as far as taking the readings, I think we should measure it at that point and see where we are at for sure. Julie Meisch: We really need to figure out where we are going to go with this. Alderman Allen: It is the woman who is the most concerned but the readings whether she is there or not. Alderman Cook: I'm sure we will hear comment from her in a future date when she is around. Julie Meisch: We will be having an event so the readings will not be on our actual property but of course where they would come to do the reading for a complaint, are we clear with that Nancy? Alderman Allen: I'm not sure that I understand what you are saying, are you talking about on the 11th? Julie Meisch: Yes Ma'am, we have a wedding going on. Alderman Allen: I think that is why we decided to do it that day because that was the next time you had an event. What time would the music be going so that I can visit with Chief Tabor about a time? Julie Meisch: I can email a specific time out, I didn't know if you wanted to try to do it when he is doing a pre-setup testing time or if it needs to be going on during the actual event. I will email out those two time periods and go from there. Alderman Rhoads: Is the tabling keeping you from doing business? Julie Meisch: Yes, we do bookings; wedding receptions a year in advance, so all these events that we are having now were booked last year. We are trying to book according to next year and brides aren't booking right now because of this ordinance issue. Alderman Rhoads: How long are we going to table this? Is it going to be said and done on the 11th? Alderman Allen: It sounds to me like it could be. The neighbors that I heard from were just wishing that they could be there, but the sound level will be whatever it is so I guess it really 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi lle.org City Council Meeting Minutes August 7,2007 Page 13 of 43 isn't necessary to table it beyond the next meeting. So we will go ahead and hear it in two weeks. Alderman Allen moved to table the ordinance to the August 21, 2007 City Council meeting. Alderman Cook seconded the motion. Upon roll call the motion to table passed unanimously. This ordinance was Left on the Second Reading and Tabled to the August 21, 2007 City Council meeting. RZN 07-2592 (Bellwood S/D Ph. II): An ordinance rezoning that property described in rezoning petition RZN 07-2592, for approximately 8.41 acres, located west of Rupple Road, south of Bellwood Subdivision Phase I from RMF-12, Residential Multi-Family, 12 units per acre, to RMF-18, Residential Multi-Family, 18 units per acre. This ordinance was Left on the Second Reading at the July 17, 2007 City Council meeting. Alderman Lucas moved to suspend the rules and go to the third and final reading. Alderman Ferrell seconded the motion. Upon roll call the motion passed unanimously. City Attorney Kit Williams read the ordinance. Vice Mayor Jordan: This was shown at the Ward 4 Meeting, Shirley do you want to elaborate 7 on it. Alderman Lucas: Yes, it was brought before the Ward 4 Meeting and the concern was increasing the density without knowing what is going to be there. On the west side of Rupple Road in this area are all single family residents or duplexes and this is increasing the RMF-12. So with our problems on Rupple Road, and it's going to be a while before we get that straightened out, I am not in favor and quite a bit of people in Ward 4 are not in favor of increasing the density. If it was a PZD we might look at it differently but this is just an across the board rezoning. Dave Jorgensen: I heard what you had to say Shirley and I totally respect that. The only comment I have is that we did go-to the ward meeting and I didn't hear very much opposition although you may have received comments after that. I don't think it is too far out of place being that we have commercial property south of us there. We are buffering the property to the north with RSF-7 property and then we have the commercial property so we felt like it was a pretty good fit going from the RMF-12 to RMF-18. We have three large lots and this would allow us to put in about ten more units on each one of those three lots. The problem was the property we had originally rezoned RMF-12 was a chunk of property. Then we brought our plan before the Planning Commission and as;you know everyone is really interested in connectivity. You may have seen the streets that go through this parcel of property. It cuts through the property north, south, east, and west so that we end up with a lot less property than we originally had. All the developers come to us and say we can't make this work with these small lots so that is the reason for the request. 113.West Mountain 72701 (479) 521-7700 (479)575-8257 (Fax) accessfayetteville.org City Council Meeting Minutes August 7,2007 Page 14 of 43 Alderman Thiel: What I am hearing and what I feel is that if this was a planned zoning district to where we had some conditions of approval, that would make it a lot more acceptable and at least we would know what we're looking at. Alderman Ferrell: Jeremy, when this came through you all recommended approval but what was your thought on the density? Jeremy Pate: What we looked at as we do in all rezonings is will this property be compatible in transition to adjacent properties. In terms of transition you look at 3 and 4 units per acre, 5 and 6, 7 units per acre directly north of this and then this transitions to 12. So what we are looking at before you get to the residential office and commercial was a higher density and a smaller parcel of land but a higher.density to transition between those. In terms of how we looked at that, in the Bill of Assurance that they have established with this property they have committed to connecting to all the properties that surround them in one way or another. In all the plans that we have reviewed it does carve up that property with right of way into smaller pieces of property that could be developed. We looked also at the comments and the policy decision the Council made one year ago when it unanimously approved the RMF-12 and felt that those comments and the comments of the Planning Commission supported a higher density in this area. Alderman Ferrell: I think I am hearing you say as you transition towards a commercial, it seems naturally logical that you would have a deeper density going in that direction. Jeremy Pate: Yes sir. Alderman Lucas: The commercial is on Wedington isn't it? Jeremy Pate: Actually it is on Rupple Road as well. Alderman Lucas: But it's on the corner of Rupple and Wedington. That is where the commercial is. South of this isn't it? Jeremy Pate: There is commercial to the south but also to the north. Dave Jorgensen: It looks like this is going to go down in flames, and my question is can we withdraw or table this so we don't have a vote and then we can bring a plan before the Ward 4 meeting to look at it and maybe have a better feel for what RMF-18 would look like. The problem is if we have a vote we cannot get it rezoned to RMF-18 within a year's period of time, is that correct? City Attorney Kit Williams: That is correct; a motion to table indefinitely is a way to kill an ordinance but not one that can't be resurrected by a motion to bring it off the table. If they want to give you the opportunity to do that, a motion to table this indefinitely, it would do the trick. Vice Mayor Jordan: If you want to bring something back to look at I don't think that would be a bad thing. I think the folks in Ward 4 would like to see it again. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayettevi l l e.org City Council Meeting Minutes August 7,2007 Page 15 of 43 - Dave Jorgensen: If this gets voted down then we can't bring this before this Council for another year and we would like the chance to do that. Alderman Cook: I know it's a straight rezoning, unless we bound them to a plan, all we are talking about is a rezoning. City Attorney Kit Williams: There is a Bill of Assurance with this and it can be even more detailed depending on what the applicant might want to do. A Bill of Assurance can make certain requirements even on development standards and everything else even if the applicant so chose to offer that. Alderman Cook: So it depends on how far he wants to go with the Bill of Assurance. Dave Jorgensen: Or we could bring it before the Council in the form of a PZD. City Attorney Kit Williams: You could do that anyway, you could come back for a rezoning as long as it's not an RMF-18, isn't that right Jeremy? Jeremy Pate: Yes, that is correct. Alderman Lucas moved to table the ordinance indefinitely. Alderman Thiel seconded the motion. Upon roll call the motion passed unanimously. This ordinance was Left on the Third Reading and Tabled Indefinitely. NEW BUSINESS: R-PZD 07-2578 (Bailey Meadows): An ordinance establishing a Residential Planned Zoning District titled R-PZD 07-2578, Bailey Meadows, located west of School Avenue and north of Bailey Drive; containing approximately 3.86 acres; amending the official zoning map of the City of Fayetteville; and adopting the associated master development plan. City Attorney Kit Williams read the ordinance. Jeremy Pate gave a brief description of the ordinance. He stated in 2005 the Planning Commission voted to deny RSF-4 on this particular property because it is primarily an agricultural area. Adjacent to this property are single family residences ranging from one fourth acre to a couple of acres in size. Staff looked at a residential planned zoning district to try to maintain a level of compatibility that would be acceptable to the neighborhood. Staff recommended approval and the Planning Commission voted unanimously in favor of this request. It meets our City Plan 2025 in this area which is more of a rural type of use and it does transition with the adjacent properties in terms of there is pasture directly to the north and a very large farm and single family residences off of Bailey Drive. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayetteville.org