HomeMy WebLinkAbout2016-08-16 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position 1
— Ward 3 Position 1
Alderman Sarah Marsh Alderman Martin W. Schoppmeyer,Jr.
Ward 1 Position 2
Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position 1
Ward 4 Position 1
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2
Mayor Lioneld Jordan Ward 4 Position 2
City Attorney Kit Williams
City Clerk Sondra E.Smith
City of Fayetteville Arkansas
City Council Meeting
August 16, 2016
A meeting of the Fayetteville City Council was held on August 16,2016 at 5:30 p.m.in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations,Reports, and Discussion Items.
1. Fayetteville Natural Heritage Association check presentation.
Agenda Additions
A. Consent:
1. Approval of the August 2, 2016 City Council Meeting Minutes.
Approved
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
2. NWA REGIONAL AIRPORT AND NWA COUNCIL FOUNDATION COOP
AGR.: A resolution to approve the Cooperative Agreement between the City of
Fayetteville, Northwest Arkansas Regional Airport (XNA), and the Northwest Arkansas
Council Foundation regarding the placement of Wayfinding signs directing travelers to
and from the airport within the public rights-of-way at no cost to the city.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 150-16
3. MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC: A resolution
to approve Amendment No. 4 to the contract with Mitchell, Williams, Selig, Gates &
Woodyard,PLLC in the amount of$15,000.00 for additional legal services related to the
White River Water Quality Standards petition to the Arkansas Pollution Control and
Ecology Commission, and to approve a budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 151-16
4. CDI CONTRACTORS,LLC: A resolution to approve a budget adjustment in the amount
of$11,820.00 recognizing revenue from CDI Contractors, LLCfor its share of costs for
repairs to Wilson Avenue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 152-16
B. Unfinished Business:
1. AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS: An ordinance to
authorize the City Council to grant a variance in the single family infill standards to support
attainable, affordable housing.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5895
C. New Business:
1. RZN 16-5474 (SOUTH OF 1297 E. FARMERS RD./HALE): An ordinance to rezone
that property described in rezoning petition RZN 16-5474 for approximately 1.28 acres
located south of 1297 East Farmers Road from R-A, Residential Agricultural and RSF-4,
Residential Single Family,4 units per acre to RSF-7,Residential Single Family, 7 units per
acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5896
2. KESSLER MOUNTAIN CONSERVATION EASEMENT: A resolution to authorize
Mayor Jordan to sign a grant of conservation easement to the Northwest Arkansas Land
Trust for the preservation of Kessler Mountain.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 153-16
3. RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH
COLEMAN): An ordinance to rezone that property described in rezoning petition RXN
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteviIIe-ar.gov
16-5483 for approximately 36 acres located at the Northeast Corner of Morningside and
Fifteenth Street from RSF-4, residential single family, 4 units per acre to NC,
neighborhood conservation, subject to a bill of assurance.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5897
4. RZN 16-5501 (1030 S. COLLEGE AVE./K. SMITH): An ordinance to rezone that
property described in rezoning petition RZN 16-5501 for approximately 0.17 acres located
at 1030 South College Avenue from NC,neighborhood conservation to NS,neighborhood
services.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5898
D. City Council Agenda Session Presentations:
1. Agenda session presentation-Dr. Matthew Wendt,new Superintendent of the Fayetteville
Public School District,will and share goals for the Fayetteville Public Schools and provide
thoughts on collaboration and partnership opportunities between Fayetteville Public
Schools and the City of Fayetteville.
City Council Tour
Announcements
Adjournment: 6:38 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
City Council Meeting: August 16, 2016 Adjourn: '3
Subject: Roll
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion t/
Petty
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting:
Subject: Consent
Motion To:
Motion By: �
Seconded:
A.1 -A.4 Tennant t/
Consent Schoppmeyer
E11La Tour
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COu-eal Long
Gray
Marsh
Kinion `
'tea,AL2 Petty
Mayor Jordan
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Subject:
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting:
Subject: AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS
Motion To:
J,
Motion By:
Seconded:
B. 1 Tennant ,� ✓'
Unfinished Schoppmeyer
Business La Tour tZ
Long
Gray
Marsh
Kinion tf`f
b `1 Petty
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
B. 2 Tennant
Unfinished Schoppmeyer
Business La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting:
Subject: RZN 16-5474 (SOUTH OF 1297 E. FARMERS RD./HALE)
Motion To: no( 1,;�AOJ 3 r-Y vv
Motion By: na
Seconded:
C. 1 Tennant t/ i
New Schoppmeyer f '
Business La Tour
Long '✓
� Gray r/ e•-''` ��-�
Marsh
Kinion
Petty
Mayor Jordan
Subject: KESSLER MOUNTAIN CONSERVATION EASEMENT
Motion To:
Motion By:
Seconded:
C. 2 Tennant
New Schoppmeyer
Business La Tour All
Long
�12v
Gray
Marsh t�
Kinion
Petty
Mayor Jordan r�
City Council Meeting:
Subject: RZN 16-5483: (NE CORNER OF MORNINGSIDE & 15TH ST./RAUSCH COLEMAN)
Motion To: a zp-!�/ 1'1.v
Motion By:
Seconded:
C. 3 Tennant
New Schoppmeyer �✓'' �/
Business La Tour
Long
Gray
Marsh �,.,•,',°
�f Kinion .-
b �
PettyP
Mayor Jordan
Subject: RZN 16-5501 (1030 S. COLLEGE AVE./K. SMITH)
Motion To: a
Motion By: -_
Seconded:
C. 4 Tennant �' ►�
New Schoppmeyer '
Business La Tour
Long +�
ver Gray
Marsh r
�( Kinion
u Petty
Mayor Jordan
41
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LEPA TMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan Patti Mulford
THRU: Sondra Smith, City Clerk Paralegal
FROM: Kit Williams,City Attorney
DATE: August 17,2016
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at
the City Council meeting of August 16,2016
1. A resolution to approve the Cooperative Agreement between the City of Fayetteville,
Northwest Arkansas Regional Airport (XNA), and the Northwest Arkansas Council
Foundation regarding the placement of wayfinding signs directing travelers to and from
the airport within the public rights-of-way at no cost to the City.
2. A resolution to approve Amendment No. 4 to the contract with Mitchell, Williams,
Selig, Gates &Woodyard, PLLC in the amount of$15,000.00 for additional legal services
related to the White River Water Quality Standards Petition to the Arkansas Pollution
Control and Ecology Commission, and to approve a budget adjustment.
3. A resolution to approve a budget adjustment in the amount of $11,820.00 recognizing
revenue from CDI Contractors, LLC for its share of costs for repairs to Wilson Avenue.
4. An ordinance to amend § 164.23 Single-Family Infill Standards.
5. An ordinance to rezone that property described in rezoning petition RZN 16-5474 for
approximately 1.28 acres located south of 1297 East Farmers Road from R-A, Residential
Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RSF-7, Residential
Single Family, 7 Units Per Acre.
6. A resolution to authorize Mayor Jordan to sign a grant of conservation easement to the
Northwest Arkansas Land Trust for the preservation of Kessler Mountain.
7. An ordinance to rezone that property described in rezoning petition RZN 16-5483 for
approximately 36 acres located at the northeast corner of Morningside and Fifteenth
Street from RSF-4, Residential Single Family, 4 Units Per Acre to NC, Neighborhood
Conservation, subject to a Bill of Assurance.
8. An ordinance to rezone that property described in rezoning petition RZN 16-5501 for
approximately 0.17 acres located at 1030 South College Avenue from NC, Neighborhood
Conservation to NS, Neighborhood Services.
2
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
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Meeting Agenda - Final Agenda
Tuesday, August 16, 2016
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward I
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer,Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
ELECTED OFFICIALS:
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra Smith
City Council Meeting Meeting Agenda-Final Agenda August 16, 2016
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations,Reports and Discussion Items:
1. 2016-0365
FAYETTEVILLE NATURAL HERITAGE ASSOCIATION CHECK PRESENTATION
Agenda Additions:
A. Consent:
A. 1 2015-0653
APPROVAL OF THE AUGUST 2,2016 CITY COUNCIL MEETING MINUTES.
A. 2 2016-0334
NWA REGIONAL AIRPORT AND NWA COUNCIL FOUNDATION COOP AGR.:
A RESOLUTION TO APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF
FAYETTEVILLE, NORTHWEST ARKANSAS REGIONAL AIRPORT (XNA), AND THE
NORTHWEST ARKANSAS COUNCIL FOUNDATION REGARDING THE PLACEMENT OF
WAYFINDING SIGNS DIRECTING TRAVELERS TO AND FROM THE AIRPORT WITHIN THE
PUBLIC RIGHTS-OF-WAY AT NO COST TO THE CITY
Attachments: Agenda Packet-XNA Wa fig
Wa finding Signs XNA Signed Agreement 2016-0334
City of Fayetteville,Arkansas Page 2 Printed on 8/11/2016
City Council Meeting Meeting Agenda-Final Agenda August 16, 2016
A. 3 2016-0353
MITCHELL,WILLIAMS, SELIG,GATES &WOODYARD,PLLC:
A RESOLUTION TO APPROVE AMENDMENT NO. 4 TO THE CONTRACT WITH
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC IN THE AMOUNT OF
$15,000.00 FOR ADDITIONAL LEGAL SERVICES RELATED TO THE WHITE RIVER
WATER QUALITY STANDARDS PETITION TO THE ARKANSAS POLLUTION
CONTROL AND ECOLOGY COMMISSION, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: Mitchell Williams Amendment No.4 Agenda Packet
BA-Mitchell Williams Amendment No.4
A. 4 2016-0363
CDI CONTRACTORS,LLC:
A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF
$11,820.00 RECOGNIZING REVENUE FROM CDI CONTRACTORS, LLC FOR ITS
SHARE OF COSTS FOR REPAIRS TO WILSON AVENUE
Attachments: SRF 2016-0363
BA 2016-0363
B. Unfinished Business:
B. 1 2016-0352
AMEND §164.23 SINGLE-FAMILY INFILL STANDARDS:
AN ORDINANCE TO AUTHORIZE THE CITY COUNCIL TO GRANT A VARIANCE IN
THE SINGLE FAMILY INFILL STANDARDS TO SUPPORT ATTAINABLE,
AFFORDABLE HOUSING
(LEFT ON SECOND READING)
Attachments: Agenda Request Packet Infill Standards
Additional B.1 Amend 164.23 Single Family Infill Standards
At the August 2, 2016 City Council meeting this ordinance Left on the Second Reading and
sent to Ordinance Review Committee.
C. New Business:
City of Fayetteville,Arkansas Page 3 Printed on 8/11/2016
City Council Meeting Meeting Agenda-Final Agenda August 16, 2016
C. 1 2016-0351
RZN 16-5474(SOUTH OF 1297 E.FARMERS RD./HALE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5474 FOR APPROXIMATELY 1.28 ACRES LOCATED SOUTH OF
1297 EAST FARMERS ROAD FROM R-A, RESIDENTIAL AGRICULTURAL AND
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-7,
RESIDENTIAL SINGLE FAMILY, 7 UNITS PER ACRE
Attachments: 16-5474 CC Staff Report
C. 2 2016-0364
KESSLER MOUNTAIN CONSERVATION EASEMENT:
A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A GRANT OF
CONSERVATION EASEMENT TO THE NORTHWEST ARKANSAS LAND TRUST
FOR THE PRESERVATION OF KESSLER MOUNTAIN
Attachments: Kessler CE Agenda Item
Kessler Mountaion Signed Conservation Easement
C. 3 2016-0367
RZN 16-5483: (NE CORNER OF MORNINGSIDE& 15TH ST./RAUSCH COLEMAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5483 FOR APPROXIMATELY 36 ACRES LOCATED AT THE
NORTHEAST CORNER OF MORNINGSIDE AND FIFTEENTH STREET FROM RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD
CONSERVATION, SUBJECT TO A BILL OF ASSURANCE
Attachments: 16-5483 CC reports
C. 4 2016-0375
RZN 16-5501 (1030 S.COLLEGE AVE./K. SMITH):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5501 FOR APPROXIMATELY 0.17 ACRES LOCATED AT 1030
SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO NS,
NEIGHBORHOOD SERVICES
Attachments: Agenda Request Packet RZN 16-5501
City of Fayetteville,Arkansas Page 4 Printed on 8/11/2016
City Council Meeting Meeting Agenda-Final Agenda August 16, 2016
D. City Council Agenda Session Presentations:
D. 1 2016-0355
AGENDA SESSION PRESENTATION - DR. MATTHEW WENDT, NEW
SUPERINTENDENT OF THE FAYETTEVILLE PUBLIC SCHOOL DISTRICT, WILL
INTRODUCE HIMSELF AND SHARE GOALS FOR THE FAYETTEVILLE PUBLIC
SCHOOLS AND PROVIDE THOUGHTS ON COLLABORATION AND PARTNERSHIP
OPPORTUNITIES BETWEEN FAYETTEVILLE PUBLIC SCHOOLS AND THE CITY OF
FAYETTEVILLE.
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
All interested persons may address the City Council on agenda items of New and Old Business. Please wait for
the Mayor to request public comment and then come to the podium, give your name, address, and comments
about the agenda item. Please address only the Mayor. Questions are usually answered by the Mayor, Aldermen
or Staff after the public comment period is over. Please keep your comments brief and respectful. Each person is
only allowed one turn at the microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City
Council meetings:
Agenda additions: A new item which is requested to be added to the agenda at a City Council meeting should
only be considered if it requires immediate City Council consideration and if the normal agenda setting process
is not practical. The City Council may only place such new item on the City Council meeting's agenda by
suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda.
Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without
discussion by the City Council. If an Alderman wishes to comment upon or discuss a Consent Agenda item, that
item shall be removed and considered immediately after the Consent Agenda has been voted upon.
City of Fayetteville,Arkansas Page 5 Printed on 8/11/2016
City Council Meeting Meeting Agenda-Final Agenda August 16, 2016
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the Mayor and, if an ordinance, read
by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or
development applicant, etc.) may present its proposal only during this presentation period, but may be recalled
by an alderman later to answer questions. Staff and applicants may use electronic visual aids in a City Council
meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the audience on all items of old and new
business and subjects of public hearings. No electronic visual aid presentations shall be allowed, but the public
may submit photos, petitions, etc. to be distributed to the City Council. If a member of the public wishes for the
City Clerk to distribute materials to the City Council before its meeting, such materials should be supplied to the
City Clerk office no later than 9:00 a.m. on the day of the City Council meeting. Any member of the public shall
first state his or her name and address, followed by a concise statement of the person's position on the question
under discussion. Repetitive comments should be avoided; this applies to comments made previously either to
the City Council or to the Planning Commission when those Planning Commission minutes have been provided
to the Aldermen. All remarks shall be addressed to the Mayor or the City Council as a whole and not to any
particular member of the City Council. No person other than the Aldermen and the person having the floor shall
be permitted to enter into any discussions without permission of the Mayor. No questions shall be directed to an
Alderman or city staff member except through the Mayor.
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each
other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor,must immediately cease speaking and shall leave the podium.
Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is
required. For further information or to request an interpreter,please call 479-575-8330.
A copy of the complete City Council agenda is available at www.fayetteville-ar.gov or in the office of the City
Clerk, 113 W.Mountain,Fayetteville,Arkansas.
City of Fayetteville,Arkansas Page 6 Printed on 8/11/2016
Added at the August 9th Agenda Session Meeting
Legistar ID No.: �y� (o - 0 3 -75
AGENDA REQUEST FORM
FOR: Council Meeting of August 16, 2016
FROM:
City Council Member Sarah Marsh
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5501 FOR APPROXIMATELY 0.17 ACRES LOCATED AT 1030
SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION
TO NS, NEIGHBORHOOD SERVICES
APPROVED FOR AGENDA:
City C ncil Me r ah' arch Date �f
City Attorney Kit Williams Da to
(as to form)
Mulford, Patti
From: Smith, Sondra
Sent: Tuesday, August 09, 2016 12:14 PM
To: Mulford, Patti; Williams, Kit; Pennington, Blake
Cc: Branson, Lisa; Smith, Lorinda; Smith, Sondra; Pate, Jeremy; Garner, Andrew
Subject: FW: Request
Attachments: 1030_Rezone_Checklist.pdf
Agenda Request for today from Sarah Marsh.
From: Marsh,Sarah
Sent:Tuesday, August 09, 2016 11:48 AM
To: Smith, Sondra <ssmith@fayetteville-ar.gov>
Subject: Fw: Request
Sondra,
I would like to walk on this rezoning request at our Agenda Session tonight due to a time crunch on the part of
the applicant. What do I need to do to make this happen?
Thanks,
Sarah Marsh, bARCH, LEED AP BD+C
Vice Mayor I City Council Member, Ward 1, Position 2
City of Fayetteville, Arkansas
wardl pos2@favetteville-ar.gov 1479.799.0393
1�1 [—.1 —
From:Sarah Marsh <sarahemarshCc@gmail.com>
Sent:Tuesday, August 9, 2016 11:43 AM
To: Marsh, Sarah
Subject: Fwd: Request
---------- Forwarded message ----------
From: Keaton Smith <kwsmithl200@gmail.com>
Date: Mon, Aug 8, 2016 at 11:20 PM
Subject: Request
To: Sarah Marsh <sarahemarsh@gmail.com>
Sarah,
Tonight, our rezone request for 1030 S College passed the Planning Commission 7-1. Due to time constraints,
I'm writing to request that you "walk on" our rezone request to the City Council agenda session tomorrow
night, August 9th.
Our office tenant, Artist Laboratory Theatre, would like to move in September 1st. This date coincides with the
beginning of their FY 17 budget. In addition. Artist Laboratory Theatre plans to have two yoga studios as sub-
tenants, and both sub-tenants would like to move in on September 1st. For these reasons, I respectfully
request that you consider walking our rezone request on to tomorrow night's agenda session.
I've attached our rezone request checklist that was submitted to City Planning. We feel the rezone from
Neighborhood Conservation to Neighborhood Services is appropriate for several reasons:
• It is consistent with the historical use of the property (it has always been a church)
• It does not increase the intensity of the use
• An informal Facebook survey showed overwhelming demand for small-scale commercial use of the
building
• The adjacent property owners are comfortable with the proposed zoning district and proposed use
• The building has never been residential, and would require substantial renovation to make it
residential
• Changing the site to residential would reduce diversity of the neighborhood and sacrifice the historic
character and charm of the building
• The Walker Park Neighborhood Master Plan calls for a diversity of uses
• City Plan 2030 calls for infill, revitalization and the promotion of traditional town form, such as mid-
block commercial use
If I can provide any additional information, please do not hesitate to call or email me. I appreciate your service
and your consideration of this request.
....................
Keaton
479-879-7922
Sarah Marsh, bArch, LEED AP
Tanglewood Fashion & Lifestyle
Custom Apparel I Design Services
479.799.0393 1 sarahO)studioTanalewood.com
2
CITY OF
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- � e CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF AUGUST 16, 2016
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
DATE: August 9, 2016
SUBJECT: RZN 16-5501: Rezone (1030 S. COLLEGE AVE./K. SMITH, 563):
Submitted by KEATON SMITH for property at 1030 S. COLLEGE AVE.The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.17 acres. The request is to rezone the property to NS,
NEIGHBORHOOD SERVICES.
RECOMMENDATION:
The Planning Commission recommends approval of an ordinance to rezone the properties from
NC, Neighborhood Conservation to NS, Neighborhood Services as shown in the attached Exhibits
'A' and `B'. Staff has recommended against said ordinance.
BACKGROUND:
The subject property of 0.17 acres is located at 1030 S. College Ave. The parcel is zoned NC,
Neighborhood Conservation. The property is currently developed with a 1,400 sq.ft. building with
a gravel drive and parking lot in the back. The property has historically been used as a site for
various churches and the building was last occupied by Fayetteville Christadelphia Ecclesia.
Request:The applicant's request is to rezone the parcel from NC, Neighborhood Conservation to
NS, Neighborhood Services to allow for a flexible office and studio space.
Public Comment: Two long-time residents of the neighborhood called the Planning Division on
August 8 to speak against the rezoning. They explained to staff that that commercial uses in a
residential neighborhood were incompatible to their homes and would create problems based on
intensity inherent in commercial properties and uses. They attended the previous church at this
address and discussed that it was a very small, local congregation that primarily walked to the
building on Sundays with little impact to the neighborhood.
Land Use Compatibility:The proposed zoning is consistent in terms of form-based development
to the north, east, and south. The immediately surrounding properties are single-family, detached
residences, which could coexist with a greater range of housing types and some limited business
permitted by-right in NS.A rezoning to NS could allow the subject property to be redeveloped with
higher densities and in a form-based pattern that fits development in adjacent Downtown and
Walker Park neighborhoods. The kind of uses permitted in NS, such as single-, two-, and three-
family; limited business; and home occupations, are relatively compatible with current uses in the
surrounding neighborhood. Limited business ensures that developing large commercial buildings
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville,AR 72701
could not happen under this rezone. However, non-residential uses and more intense
development patterns within a predominantly single-family neighborhood should generally be
encouraged in corner locations and edges of the neighborhood. Proposing to insert a commercial
use mid-block and surrounded by single-family homes on three sides introduces the potential for
incompatible land uses due to noise, light, traffic, and solid waste disposal that are more intense
than the abutting properties.
Land Use Plan Analysis: The proposed zoning is generally incompatible with the Walker Park
Neighborhood Master Plan, which calls for preservation of single-family homes for this particular
area of Walker Park. Allowing businesses to be located in the middle of this residential block,
disconnected and outside the proximity of other commercial or office uses, could be seen as
compromising the integrity of the Walker Park Neighborhood Plan goals. The plan particularly
notes places at Southgate Commercial Center, the intersection of School & 15th, Jefferson
Square, and along Huntsville Rd. as places to grow commercial nodes and streets. The rest of
the neighborhood was primarily rezoned and intended to encourage a range and mix of housing
types.
Planning Division believes that the applicant's intention of developing this site for non-residential
use could be better addressed in a Conditional Use Permit under current NC zoning. Furthermore,
the site can be practically and appropriately used under said zoning.
DISCUSSION:
On August 8, 2016, Planning Division staff recommended against a rezone, stating that the
rezone would not be in line with the Walker Park Neighborhood Plan and would be incompatible
to adjoining properties. Planning Commission disagreed, stating that such development would be
traditional in town-form and within the historical character of Walker Park neighborhoods.
Planning Commission ultimately forwarded the applicant's request for a rezoning to NS on the
subject property. A motion by Commissioner Autry, seconded by Commissioner Quinlan, to
forward the proposal to the City Council with a recommendation for approval was made with a
vote of 8-1-0. Commissioner Brown dissented, agreeing with Planning Division staff on their
recommendation.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
7
16-5501
EXHIBIT 'A'
RZN 16-5501 K. SMITH
Close Up View NORTH ORTH
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Subject Property
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Legend
RSF-18
Planning Area Feet Downtown General
' Fayetteville City Limits Neighborhood Conservation
�- - - 0 75 150 300 450 600 P-1
Trail (Proposed)
Building Footprint 1 inch = 200 feet
16-5501
EXHIBIT 'B'
1030 S College Ave Property Legal Description
Lot 23 and 24 in Block 2 of Glenwood Park Addition to the City of Fayetteville,Arkansas,as per plat on
record in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,Arkansas.
("I L 1' t31� I•',�S'Y:-i''i'F,1'1LL1:, r�R11;���;15
REZONING
FOR STAFF USE ONLY FEE: $325.00
Date Application Submitted: Sign Fee: $5.00
Date Accepted as Complete: S-T-R:
Case/Appeal Number: PP#:
Public,Hearing Date: Zone:
Please fill out this form completely,supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request: �< Applicant Representative
Applicant(person making request): Representative(engineer,surveyor,realtor, etc.):
Name: KPp� Name:
Address: L� #�� Address:
.1Z -7 -2-7(,
ftneti,.l
r . e m E-mail:
E-mail: IS �� � -- .... _ -
Phone: Phone:
H 71) 76 - 7c32--1 c
Fax: Fax:
Site Address/Location: 1030 r!O ffe C e t c vt 42 �✓ I�{ Ak 72-7611
c
Current Zoning District: A e ,�� p� (ger-e.�,47Xequested Zoning District: i
Assessor's Parcel Number(s)for subject property: S S,zl' Z— U
FINANCIAL INTERESTS
The following entities and/or p• g)Ic have financial interest in this project:
e -
L
March 2014
Page I
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data,information,and evidence herewith submitted are in all respects,to the best of my knowledge
and belief,true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness,determination,or approval. I understand that the City might not approve what I am
applying foi,or might set conditions on approval.
7 �� Date:
Namc(printed}: 1 L�'G i✓1 � 1
PROPERTY OWNER(S)/AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the
owner(s)of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent,a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record(attach additional info if'necessary):
Name(printed): k P.L,,,4w,, ; ' __ Address:
Si naturc: _
Phone:
Date:� �� I,�j ( )
r
Name(printed): - r Address:
Signature:
Phone:
Rezoning Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website www.co.washtnl;ton.ar,tts). The subject
property and all adjacent parcels should be identified on this parcel map.The owner's
name,official mailing address,and the parcel nuinber for every adjacent property shall
be shown on this map.
March 2014
Page 2
CITY OF
Fay%i — e PLANNING COMMISSION MEMO
ARKANSAS
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Planner
MEETING DATE: August 8, 2016 UPDATED FOR PC RESULTS
SUBJECT: RZN 16-5501: Rezone (1030 S. College Ave./K. Smith, 563): Submitted
by KEATON SMITH for property at 1030 S. COLLEGE AVE. The property
is zoned NC, NEIGHBORHOOD CONSERVATION, containing
approximately 0.17 acres total. The request is to rezone the properties to
NS, NEIGHBORHOOD SERVICES.
RECOMMENDATION:
Staff recommends denial of RZN 16-5501.
BACKGROUND:
The subject property of 0.17 acres is located at 1030 S. College Ave. The parcel is zoned NC,
Neighborhood Conservation. The property is currently developed with a 1,400 sq. ft. building.
The property has historically been used as a site for various churches and the building was last
occupied by Fayetteville Christadelphia Ecclesia.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Single-family Residential NC, Neighborhood Conservation
South Single-family Residential NC, Neighborhood Conservation
East Single-family Residential NC, Neighborhood Conservation
West Fayetteville Senior Center P-1, Institutional
Request: The request is to rezone the parcel from NC, Neighborhood Conservation to NS,
Neighborhood Services to allow for a flexible office and studio space.
Public Comment: No public comment has been received.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
INFRASTRUCTURE:
Streets: The subject parcel has access to S. College Ave, a partially improved two-lane
Collector street with sidewalk on the west side. Street improvements would be
determined at time of development.
Water: Public water is available to the site. A 6"water main runs along South College.
Sewer: Public sewer is available to the site. A 6" sewer main runs along South College.
Drainage: Any additional improvements or requirements for drainage would be determined
at time of development.
Fire: The Fire Department did not express any concerns with the request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN:
City Plan 2030 Future Land Use Plan designates this site as a Complete Neighborhood Plan:
Walker Park Neighborhood. A central goal of the plan was to preserve single-family
neighborhoods while encouraging additional housing types and a mix of uses. A digital copy of
select pages from the plan has been provided separately.
Walker Park neighborhood adopted a plan in 2008. That plan states that the neighborhood should
have a balance of non-residential uses and housing. Stakeholders wanted zoning and other city
regulations to reflect and encourage that balance while conserving the existing single-family fabric
where it is intact. This means the neighborhood will retain and develop a variety of housing types
for different income levels and retain and develop neighborhood commercial nodes that serve the
neighborhood residents as well as the nearby employment centers. There is also an emphasis
on connectivity and walkability. Connection of the street grid and improved pedestrian mobility
between key destinations will unify the neighborhood, making it sustainable over time. Third,
creating Jefferson Square as a core of the neighborhood will help to preserve some of the rich
history embedded in the Jefferson Building and create a neighborhood center. Last, accessible
greenspace in the form of community gardens throughout the neighborhood and additional uses
and access points to Walker Park will capitalize on existing resources within the neighborhood
and provide function and beauty for both residents and visitors.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility:The proposed zoning is consistent in terms of form-
based development to the north, east, and south. The immediately
surrounding properties are single-family, detached residences, which could
coexist with a greater range of housing types and some limited business
permitted by-right in NS. A rezoning to NS could allow the subject property
to be redeveloped with higher densities and in a form-based pattern that fits
development in adjacent Downtown and Walker Park neighborhoods. The
kind of uses permitted in NS, such as single-,two-, and three-family; limited
business; and home occupations,are relatively compatible with current uses
in the surrounding neighborhood. Limited business ensures that developing
large commercial buildings could not happen under this rezone. However,
2
G:\ETC\Development Services Review\2016\Development Review\16-
5501 RZN 1030 S. College Ave. (K. Smith) 563
non-residential uses and more intense development patterns within a
predominantly single-family neighborhood should generally be encouraged
in corner locations and edges of the neighborhood. Proposing to insert a
commercial use mid-block and surrounded by single-family homes on three
sides introduces the potential for incompatible land uses due to noise, light,
traffic, and solid waste disposal that are more intense than the abutting
properties.
Land Use Plan Analysis:The proposed zoning is generally incompatible with
the Walker Park Neighborhood Master Plan, which calls for preservation of
single-family homes for this particular area of Walker Park. Allowing
businesses to be located in the middle of this residential block,
disconnected and outside the proximity of other commercial or office uses,
could be seen as compromising the integrity of the Walker Park
Neighborhood Plan goals. The plan particularly notes places at Southgate
Commercial Center, the intersection of School & 151, Jefferson Square, and
along Huntsville Rd. as places to grow commercial nodes and streets. The
rest of the neighborhood was primarily rezoned and intended to encourage
a range and mix of housing types.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant's intentions to create a flexible space for offices and studios
using the existing building could be granted under the current NC zoning as
a conditional use.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to South College Avenue, so retail, commercial, or
offices could appreciably increase traffic and congestion along South
College. The parking lot for this parcel will likely be required to be improved
with new development,as it is inadequate for substantial numbers of visitors
and workers.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from NC to NS would not increase the load on public
services as the property is too small to have a significant-enough number of
units. The density allowance of 10 units per acre does not change between
NC and NS.
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;
3
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5501 RZN 1030 S. College Ave. (K. Smith) 563
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: Staff believes that the applicant's intention of developing this site for non-
residential use could be better addressed in a Conditional Use Permit under
current zoning. Furthermore, the site can be practically and appropriately
used under the current NC zoning.
RECOMMENDATION: Staff recommends denial of RZN 16-5501 based on the findings
discussed throughout this report.
PLANNING COMMISSION ACTION: Required YES
Date: August 8, 2016 O Tabled )Q Forwarded O Denied
Motion; Autry
viOTIO1V Tv �Ur\VV i�v Fr%%rEZ0NE TO CITY
COUNCIL, BROWN DISSENTING
Second: Quinlan
Vote: 8-1-0
BUDGET/STAFF IMPACT:
None
Attachments:
■ Unified Development Code sections 161.26 & 161.16
■ Request letter
■ Rezone exhibit
■ One Mile Map
■ Close-Up Map
■ Current Land Use Map
■ Future Land Use Map
■ Walker Park Neighborhood Plan
4
G:\ETC\Development Services Review\2016\Development Review\16-
5501 RZN 1030 S. College Ave. (K. Smith) 563
CITY OF
Ile 4PLANNING COMMISSION MEMO
ARKANSAS
161.26 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although
Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings.
Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise
Control,the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellin s
(2) Conditional uses.
Unit 2 City-wide uses by
conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 9 Two-family dwellings
Unit 10 Three-family dwellings
Unit 12 Limited Business'
Unit 24 Home occupations
Unit 25 Offices,studios,and related services j
Unit 28 Center for collecting
-recyclable materials
Unit 36 Wireless communication facilities
Unit 44 Cottage Housing Development
(C) Density 10 Units Per Acre.
(D) Bulk and area regulations.
(1) Lot width minimum.
Single Family _ 40 ft.
Two Family 80 ft.
Three Family 90 ft.
(2) Lot area minimum.4,000 Sq.Ft.
(E) Setback regulations.
Front A build-to zone that is
located between the front
property line and a line 25
ft.from the front property
line.
Side 5 ft.
Rear 5 ft
Rear,from center line of 12 it
an aIle
(F) Building height regulations.
Building Height Maximum 45 ft.
(Ord.5128,4-15-08;Ord 5312,4-20-10;Ord.5462, 12-6-11;Ord.5592,6-18-13;Ord.5664,2-18-14)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701