HomeMy WebLinkAboutOrdinance 6409F FPYETT
i
J,12
9RK4 NSPS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6409
File Number: 2020-1067
ARCHIVED
AMEND §161.22 COMMUNITY SERVICES AND § 161.24 URBAN THOROUGHFARE:
AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES TO MOVE USE UNIT
18, GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH RESTAURANTS
FROM PERMITTED USES TO CONDITIONAL USES
WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive
corridor planning and prioritize multi -modal street designs that treat walkability and cycling as core
functions (Goal 3); and
WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to
develop into pedestrian -friendly mixed -use nodes served by current or future transit service; and
WHEREAS, the Community Services zoning district is often applied to areas where mixed -use
development is desirable because its stated purpose is to encourage a mixture of residential and
commercial uses in a traditional urban form; and
WHEREAS, convenience stores with gasoline pumps and fast food restaurants are some of the most
intense commercial activities allowed in Community Services and can lack compatibility because of
their high traffic, substantial lighting and 24-hour operation in certain locations near residential houses,
duplexes and other housing; and
WHEREAS, recent proposals to rezone to Community Services have drawn public concern and
criticism about the safety of traffic associated with Use Unit 18, Gasoline service stations and
drive-in/drive through restaurants in areas with high pedestrian traffic or the compatibility of these uses
with nearby residential areas; and
WHEREAS, Use Unit 18 should be moved from a Permitted Use to a Conditional Use to allow
Page 1 Printed on 213121
Ordinance: 6409
File Number.' 2020-1067
neighbor comments, to ensure Use Unit 18's allowed uses are appropriate in the location requested,
and to allow the Planning Commission to place reasonable conditions upon the applicant such as the
placement of the building, gas pumps or drive through windows, requiring more screening, limiting the
number of gas pumps, or reducing the hours of operation; and
WHEREAS, the Conditional Use Permit process allows the Planning Commission to hear from the
public and to apply a higher level of discretion to ensure development pursuant to Use Unit 18 is safe,
compatible, and appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22
Community Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through
restaurants from subsection (13)(1) Permitted Uses and adding Use Unit 18 to subsection (13)(2)
Conditional Uses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested
rights of property owners who have purchased property for development based on existing zoning
standards, and hereby exempts all unexpired large scale developments, small site improvement plans,
large site improvement plans, preliminary plats, final plats, concurrent plats, and building permits
approved within six (6) months following the enactment of this ordinance. This exemption shall include
any approved renewals or extensions pursuant to § 166.20 of the Unified Development Code and all
subsequent phases of plats subject to this exemption.
PASSED and APPROVED on 2/2/2021
Attest:
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Page 2 Printed on 213/21
. , City of Fayetteville, Arkansas 113 West Mountain Street
x 1 Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-1067
Agenda Date: 2/2/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: 6.4
AMEND §161.22 COMMUNITY SERVICES AND § 161.24 URBAN THOROUGHFARE:
AN ORDINANCE TO AMEND § 161.22 COMMUNITY SERVICES TO MOVE USE UNIT 18,
GASOLINE SERVICE STATIONS AND DRIVE-IN/DRIVE-THROUGH RESTAURANTS FROM
PERMITTED USES TO CONDITIONAL USES
WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor
planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3);
and
WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop
into pedestrian -friendly mixed -use nodes served by current or future transit service; and
WHEREAS, the Community Services zoning district is -often applied to areas where mixed -use development is
desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional
urban form; and
WHEREAS, convenience stores with gasoline pumps and fast food restaurants are some of the most intense
commercial activities allowed in Community Services and can lack compatibility because of their high traffic,
substantial lighting and 24-hour operation in certain locations near residential houses, duplexes and other
housing; and
WHEREAS, recent proposals to rezone to Community Services have drawn public concern and criticism
about the safety of traffic associated with Use Unit 18, Gasoline service stations and drive-in/drive through
restaurants in areas with high pedestrian traffic or the compatibility of these uses with nearby residential areas;
and
WHEREAS, Use Unit 18 should be moved from a Permitted Use to a Conditional Use to allow neighbor
comments, to ensure Use Unit 18's allowed uses are appropriate in the location requested, and to allow the
Planning Commission to place reasonable conditions upon the applicant such as the placement of the building,
gas pumps or drive through windows, requiring more screening, limiting the number of gas pumps, or reducing
the hours of operation; and
WHEREAS, the Conditional Use Permit process allows the Planning Commission to hear from the public and
to apply a higher level of discretion to ensure development pursuant to Use Unit 18 is safe, compatible, and
City of Fayetteville, Arkansas Page 1 Printed on 21312021
File Number: 2020-1067
appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22 Community
Services by removing Use Unit 18, Gasoline service stations and drive-in/drive-through restaurants from
subsection (13)(1) Permitted Uses and adding Use Unit 18 to subsection (13)(2) Conditional Uses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested rights of
property owners who have purchased property for development based on existing zoning standards, and
hereby exempts all unexpired large scale developments, small site improvement plans, large site improvement
plans, preliminary plats, final plats, concurrent plats, and building permits approved within six (6) months
following the enactment of this ordinance. This exemption shall include any approved renewals or extensions
pursuant to § 166.20 of the Unified Development Code and all subsequent phases of plats subject to this
exemption.
City of Fayetteville, Arkansas Page 2 Printed on 2/3/2021
7
Legistar ID No.: 2020-1067
AGENDA REQUEST FORM
FOR: Council Meeting of December 15, 2020
FROM: Council Member Kyle Smith
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND §166.22 COMMUNITY SERVICES AND § 166.24
URBAN THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO
CONDITIONAL USES
APPROVED FOR AGENDA:
Council Member Kyle Smith
i
Ass . ity Attorney Blake Pennington
Approved as to form
jZ�Z%2oZ�
Date
1 Z/ Z /20?�
Date
CityClerk
From:
Sent:
To:
Subject:
Categories:
Please see email below.
CityClerk
Monday, December 28, 2020 9:12 AM
Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg,
Holly; Batker, Jodi; Jones, D'Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford,
Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
FW: 2020-1067 Amend
Saved File
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Fayetteville, AR 72701
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CITY OF
IWFAYETTEVILLE
ARKANSAS
From: Marilyn Braswell <askmimi9296@yahoo.com>
Sent: Monday, December 28, 2020 8:41 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: 2020-1067 Amend
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Marilyn Braswell
1167 S Highbush Ave
479-283-2726
I'm writing in favor of the proposed amendment to the CS & UT Zoning that Kyle Smith has proposed. I believe it is much
needed & will give the perfect balance to residential neighborhood and commercial interests. It also gives the planning
commission & the city council some flexibility to satisfy both the commercial & residential.
If this passes, I believe there will be less opposition to the CS Zoning.
I respectfully request your approval on this amendment.
Sent from my Whone
B72020-1067
SERVICES
AMEND
AND
THOROUGHFARE,* A
AMEND §161.22 COMP
§ 161.24
CHANGING CERTAIN
CONDITIONAL USES
Legislation Text
AMEND§166.22 CO:
AND § 166.24 URBA14I,
Submit Public Comment
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Please ensure your comments conform to the Rules of Order and Procedure.
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COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
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ol minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent of
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This page is provided for efficient submission of public comment for City Council and Planning
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Please ensure your comments conform to the Rules of Order and Procedure.
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Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments onh, if approved by the City Council by unanimouS'consent or
majority vote. [('public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimouS consent or majority vote
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.
Enter the text you want this field to display
CitvClerk
From: Erstine, David @ Fayetteville <DAVID.ERSTINE@cbre.com>
Sent: Tuesday, January 5, 2021 1:32 PM
To: Gutierrez, Sonia; Jones, D'Andre; Kinion, Mark; Petty, Matthew; Scroggin, Sloan; Bunch,
Sarah; Turk, Teresa; Hertzberg, Holly
Cc: CityClerk; mayor@ci.fayetteville.ar.us
Subject: Potential Amendment to Community Services and Urban Thoroughfare
Attachments: 12-15-20_Legislation Text - Amend Fuel Stations in CS Zoning to Conditional Use.pdf;
Road x-sections.pdf, Master Street Plan.pdf
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Council Members Gutierrez and Jones, I write to you a member of the business community AND Ward 1 resident:
Remaining Council Members, I write to you as an experienced commercial real estate agent within Fayetteville and NW
AR:
I am confused by the purpose of the pending amendment to require certain uses under Community Services and Urban
Thoroughfare to be required to submit for a Conditional Use permit. Reasons for my confusion include:
1) The proposed amendment appears to be based on "we, the City, do not want owners, or developers, to have
the ability to construct single-family residential within CS and UT zones as those should be more for retail
services... however, with that said, we, the City, also don't want the kind of retail services that include drive-
thru's, and convenience stores, to be located withing these zoning classifications". Seems to include some
contradiction on what is really desired. From a retail standpoint, I believe we'll continue to see drive-thru's
become more desired by consumers due to Covid-19 and overall health/safety concerns;
2) If the genesis of this stems from single-family being built along the round-a-abouts on Rupple (south of
Persimmon and north of Hwy. 62), please note that in my opinion commercial development, such as retail, is
unlikely at those locations. This is partly due to the lack of east / west connectivity which is, and will continue to
be, limited by Centennial Park/hillside to the east and the waste water treatment facility to the west;
3) If the genesis of this stems from the recent zoning request at the intersection of Mt Comfort and Rupple, its
difficult for me to consider this intersection as having (now or in the future), "high pedestrian traffic". I've
attached a couple bits of information... if accurate, it appears to show that both Mt. Comfort and Rupple are
designed to each carry 17,600 vpd. This design, along with continued residential growth of the area, will most
likely make this intersection one of the heaviest traveled intersections in Fayetteville.
As these proposed changes do not make sense to me, I'd ask you to vote NO to amend the CS and UT zoning
classifications.
Also, I encourage you to rely on City Staff for direction on how/why these uses were initially placed into these zoning
classifications.
Thanks,
David
David Erstine, SIOR, CCIM I First Vice President
CBRE I Advisory & Transaction Services
438 E Millsap Rd., Suite 1031 Fayetteville, AR 72703
T +1 479 249 6199 ) F +1 479 301 2521 1 C +1 479 841 6209
david.erstine(a)cbre.com I www.cbre.com/david.erstine
Connect with me on Linkedln
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world's largest commercial real estate services and investment firm (based on 2019 revenue). The company
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more than 530 offices (excluding affiliates) worldwide. CBRE offers a broad range of integrated services,
including facilities, transaction and project management; property management; investment management;
appraisal and valuation; property leasing; strategic consulting; property sales; mortgage services and
development services.
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of $23.9billion and more than 100,000 employees. CBRE has been included in the Fortune 500 since 2008,
ranking # 128 in 2020. It also has been voted the industry's top brand by the Lipsey Company for 19 consecutive
years and has been named one of Fortune's "Most Admired Companies" in the real estate sector for seven
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13 West Mountain Street
• City of Fayetteville, Arkansas 1Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2020-1067, Version: 1
AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE:
AN ORDINANCE TO AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN
THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES
WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor
planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3);
and
WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop
into pedestrian -friendly mixed -use nodes served by current or future transit service; and
WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is
desirable because its stated put -pose is to encourage a mixture of residential and commercial uses in a traditional
urban form; and
WHEREAS, recent examples of development in Community Services districts utilizing only Use Unit 8
"Single Family Dwellings" in patterns indistinguishable from neighboring residential zones have failed to
produce the intended variety of housing types or reserve space for future commercial development; and
WHEREAS recent proposals for Community Services zones have drawn public criticism about the safety of
traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive through restaurants" .in areas
with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and
WHEREAS, the Conditional Use Permit process allows the Planning Commission to apply a higher level of
discretion to ensure development of these uses is safe, compatible, and appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22 Community
Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family dwellings; and Unit 18, Gasoline
service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding them
to subsection (13)(2) Conditional Uses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24 Urban .
Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family dwellings from subsection
(13)(1) Permitted Uses and adding them to subsection (B)(2) Conditional Uses.
City of Fayetteville, Arkansas Page 1 of 2 Printed on 12/1012020
powered by Legistar7V
File #: 2020-1067. Version: 1
City of Fayetteville, Arkansas Page 2 of 2 Printed on 12/10/2020
powered by legistar y
Regional Link Street
Design Service volume: 17,600 vpd - Desired Operating Speed: 30-40 mph
Regional link streets carry local and regional multimodal traffic, serving low -density
residential areas and open spaces. Similar to neighborhood link streets, larger greenspaces
are provided for pedestrian comfort and cyclists are intended to be outside the roadway in
a separated facility due to vehicular speeds and volumes. Special design consideration for
cyclists at intersections is necessary to ensure intuitive safety for both drivers and riders of all
skill levels. A center lane is reserved for use as a planted median, alternating left -turn lane, or
continuous two -way -left -turn -lane. Storm drainage infrastructure should have adequate depth
or offset to avoid conflicts with street tree plantings.
IG�
Figure 12.12 - Regional Link Street
Ila
dl Ir\
El I-
'q[jr
Low -impact Development (LTD)
features in green spaces are
recommended best practices to
incorporate alternative stormwater
treatment techniques.
As determined by city staff, additional
roadway elements may be required and
include:
• An additional 2-ft frontage zone
where buildings abut right-of-way.
This may be accomplished with
setbacks or additional right -of. --way.
• Where necessary and warranted, the
center planting strip may be used for
dedicated turn lanes.
• Streets planned with on street
bike facilities as shown on the
Active Transportation Plan, shall
accommodate 10-ft sidewalks by
reducing greenspaces.
Alternative design elements may be
approved administratively and include:
• Greenspace or parking may be
modified intermittently to provide
parking/delivery/loading lane or
to provide an aerial fire apparatus
access area.
Minimum Right -of -Way: 92-feet
146
Regional High -Activity Link Street
Design Service volume: 17,600 vpd - Desired Operating Speed: 30-40 mph
Regional high activity link streets carry local and regional multimodal traffic through a
variety of densities and land uses. This street may have on -street parking on one or both sides
based on adjacent land -use and will have large sidewalks used also as multi -use shared paths
for cyclists. Special design consideration for cyclists at intersections is necessary to ensure
intuitive safety for both drivers and riders of all skill levels. A center lane is reserved for use
as a planted median, alternating left -turn lane, or continuous two -way -left -turn -lane. Storm
drainage infrastructure should have adequate depth or be offset to avoid conflicts with street
tree plantings.
Figure 12.13 - Regional High -Activity Link Street A - I,
\�I
Low -impact Development (LID)
features in green spaces are
recommended best practices to
incorporate alternative stormwater
treatment techniques.
As determined by city staff, additional
roadway elements may be required and
include:
An additional 2-ft frontage zone
where buildings abut right-of-way.
This may be accomplished with
setbacks or additional right -of. --way.
Where necessary and warranted, the
center planting strip may be used for
dedicated turn lanes.
Alternative design elements may be
approved administratively and include:
• Greenspace or parking may be
modified intermittently to provide
parking/delivery/loading lane or
to provide an aerial fire apparatus
access area.
Streets designated as parkways on the
Master Street Plan Map could have
larger rights -of -way to incorporate wider
medians and green spaces.
(NOTE: A corresponding adjustment
to zoning code could be required to
facilitate a 50-foot setback along streets
designated as parkways.)
Minimum Right -of -Way: 96-feet
147
12/21 /2020
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CityClerk
From:
Sent:
To:
Cc:
Subject:
Attachments:
Please see email below.
CityClerk
Tuesday, January 5, 2021 S:OS PM
Bolinger, Bonnie; Pennington, Blake; CityClerk; Eads, Gail; Roberts, Gina; Hertzberg,
Holly; Batker, Jodi; Jones, D'Andre; Johnson, Kimberly; Rogers, Kristin; Williams, Kit;
Branson, Lisa; Jordan, Lioneld; Mathis, Jeana; Paxton, Kara; Petty, Matthew; Mulford,
Patti; Norton, Susan; Thurber, Lisa; Gutierrez, Sonia; Marsh, Sarah; Kinion, Mark;
Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Smith, Kyle
Krystal McNaughton
FW: Fayetteville City Council Members
12-15-20_Legislation Text - Amend Fuel Stations in CS Zoning to Conditional Use.pdf
The City Clerk office is happy to forward emails to City Council Members but wanted to make you aware that you can
also submit a public comment using the link provided below which will automatically be routed to Council
Members. The link can be found on the City Clerk page on the city website.
https://documents.fayetteville-ar.gov/Forms/publiccomment
Have a nice day!
Office of the City Clerk Treasurer
113 W. Mountain Street, Suite 308
Fayetteville, AR 72701
479.575.8323
cityclerkCcDfayetteville-ar. gov
Website I Facebook I Twitter I Instagram I YouTube
. CITY OF
FAYETTEVILLE
ARKANSAS
From: Krystal McNaughton <krystal@mcnaughtonrealtors.com>
Sent: Tuesday, January 5, 20215:00 PM
To: Gutierrez, Sonia <sonia.gutierrez@fayetteville-ar.gov>; Jones, D'Andre <dandre.jones @fayetteville-ar.gov>; Kinion,
Mark <mark.kin ion@fayetteville-ar.gov>; Petty, Matthew < matt hew. petty@fayetteville-ar.gov>; Scroggin, Sloan
<sloan.scroggin@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov>; Turk, Teresa
<teresa.turk@fayetteville-ar.gov>; Hertzberg, Holly <holly.hertzberg@fayetteville-ar.gov>
Cc: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Fayetteville City Council Members
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Myself and many other Realtors@ are against the attached amendment.
113 West Mountain Street
City of Fayetteville, Arkansas Fayetteville, AR72701
(479) 575-8323
x
Legislation Text
File #: 2020-1067, Version: 1
AMEND §166.22 COMMUNITY SERVICES AND § 166.24 URBAN THOROUGHFARE:
AN ORDINANCE TO AMEND § 166.22 COMMUNITY SERVICES AND § 166.24 URBAN
THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL USES
WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context sensitive corridor
planning and prioritize multi -modal street designs that treat walkability and cycling as core functions (Goal 3);
and
WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city intended to develop
into pedestrian -friendly mixed -use nodes served by current or future transit service; and
WHEREAS, the Community Services zoning district is often applied to areas where mixed -use development is
desirable because its stated purpose is to encourage a mixture of residential and commercial uses in a traditional
urban form; and
WHEREAS, recent examples of development in Community Services districts utilizing only Use Unit 8
"Single Family Dwellings" in patterns indistinguishable from neighboring residential zones have failed to
produce the intended variety of housing types or reserve space for future commercial development; and
WHEREAS recent proposals for Community Services zones have drawn public criticism about the safety of
traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive through restaurants" in areas
with high pedestrian traffic or the compatibility of these uses with nearby residential areas; and
WHEREAS, the Conditional Use Permit process allows the Planning Commission to apply a higher level of
discretion to ensure development of these uses is safe, compatible, and appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22 Community
Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family dwellings; and Unit 18, Gasoline
service stations and drive-in/drive-through restaurants from subsection (13)(1) Permitted Uses and adding them
to subsection (13)(2) Conditional Uses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24 Urban
Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family dwellings from subsection
(B)(1) Permitted Uses and adding them to subsection (B)(2) Conditional Uses.
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RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Lauren R Thomas
Address or Ward* O Address
O Ward
Locate Your Ward Number
Address* 5006 W. Waverly Road
Ex. 113 W Mountain St
Phone Number 5016585383
Email lauren.r.thomas@att.net
Meeting Body* City Council and Planning Commission
Agenda Item B.7 2020-1067 AMEND §161.22 COMMUNITY SERVICES AND §
Number/Subject 161.24 URBAN THOROUGHFARE: AN ORDINANCE TO AMEND
§161'.22 COMMUNITY SERVICES AND § 161.24 URBAN
THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES
TO C
Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position In Favor
Comments Dear Sir or Madam,
I am IN FAVOR of this proposal, as it will allow a more thoughtful and community -
centric approach to future Community Service Developments. It will help ensure that
property is developed in a best use mind -set - keeping in mind the heart and desires
of the actual community members that will live in and use the area both now and in
the future.
Sincerely;
r
Lauren Thomas
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall he allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of live (j) minutes to be broken into scemenls ofthree and two
minutes. Amendments may rcceivc public comments only il'approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak I -or three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
Lill Lill 1i11ouS Consent or majority vote
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.
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Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Nick Zazal
Address or Ward* U Address
0 Ward
Locate Your Ward Number
Address * 4284 W. Blue Mist Ct.
Ex. 113 VJ Mountain St
Phone Number 2178405404
Email nickzazal@hotmail.com
Meeting Body* City Council
Agenda Item 2020-1067
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position In Favor
Comments I am writing in support of amending the community services and urban thoroughfare
zoning code to change certain permitted uses to conditional uses. Frankly, I am not
sure this amendment even goes far enough, but I will support it for what it does do. I
don't believe the current definition of community services in the zoning code is very
transparent. There appears to be many. many different uses for this particular
zoning code and I would advocate for the council to consider more transparency in
the naming of certain city zoning codes. A gas station, for instance, doesn't fit under
community services any more than a grocery store. These are retail establishments
and should be considered under a commercial retail type of code. Essential? Yes.
But not a community service. Community services code designations should be
used for those sorts of facilities that provide essential services, not products.
Veterinarians, outpatient clinics and doctor's offices, community -oriented non -profits,
food banks, daycare facilities, etc. These are community services. Not gas stations.
It is important if we want our citizens to be able to intelligibly participate in the
process of local government that we write our ordinances and laws in a way that
makes them easier to decipher and understand. So in that spirit, I ask you to support
this amendment because I feel it will at least be a step in the right direction toward
closing a loophole in the zoning code that allows for a request such as a gas station
to go through undetected by the community when it is passed off as a zoning
request for a community service facility.
Lastly, I also want to support quick implementation of this amendment if passed.
Discussion at last night's council meeting of a six month waiting period is far too
long and favors developers. As representatives of the citizens, not the developers, 1
hope you will work to close this loophole as expediently as possible.
Thank you for your time and consideration.
Attachments .POF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed For all members of the audience
who have signed up prior to the beginning of the agenda item the; wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments ofthree and two
minutes. Amendments mar receive public comments Onlr if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment; speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majoray rote
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.
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CityClerk
From:
Greg Taylor <gtaylor@weichertgriffin.com>
Sent:
Tuesday, January 5, 2021 2:40 PM
To:
Hertzberg, Holly; Turk, Teresa; Bunch, Sarah; Scroggin, Sloan; Petty, Matthew; Kinion,
Mark; Jones, D'Andre; Gutierrez, Sonia
Cc:.
CityClerk; Williams, Kit; Pennington, Blake
Subject:
Ordinance to Amend CS and UT Zoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
AII—
I wanted to address an issue that is on the Fayetteville City Council agenda to Amend CS and UT Zonings.
As a commercial realtor and developer in NWA for the past 18 years, I feel very confident in saying if the amendment to
change CS and UT zoning is approved by this city council, this action could very well be the single most detrimental
decision ever made for future growth in the city of Fayetteville. This would create yet another layer of restrictions on
both Residential and Commercial developments that would force most developers to look at other locations and cities
to build their projects. You are sending a message to every land owner, every residential developer, and every
commercial builder that you know what's best for their property and their developments. And if the Council or a few
neighbors don't like what you do or build, then the Council will just keep amending and changing ordinances until they
get what they want. I don't see that as a very healthy or constructive way to build and grow a city.
This is NOT a zoning issue, but rather a planning issue. I have had conversations with some of the planning staff, as well
as some of the planning commissioners, who believe the CS and UT zoning is correct in what is a permitted use and what
is a conditional use and would not be in support of amending the uses. There seems to be a disconnect between the city
planning staff, planning commission, and city council on how best to develop future land in Fayetteville. If there are
issues surrounding how land zoned CS and UT is being developed, then this should be conversations between city
planning staff, planning commissioners, and city council. I believe the citizens of Fayetteville would be best served if
everyone was working from the same play book rather than punish the ones who are wanting to rezone property, build
homes, and build commercial developments by adding more regulations and control over developing.
It appears that the recommendation to amend these zonings is being driven mainly by one ex city council member who
could not get enough support from Ward 4 where he lives to be elected to the City Council, as well as one land
owner, Mr. Hazen (also Ward 4), who already has his 32 acres zoned CS. I have yet to hear anyone else outside the
council, such as other land owners, realtors, developers, Chamber, etc. speak in support of this amendment. However I
have visited with several land owners, residential developers, and commercial developers who are in OPPOSITION to this
amendment and I have encouraged them to share their concerns with the City Council members.
The City Council and Planning Commission have already made it clear to commercial developers that hard zoning
properties C1 and C2 are going to be discouraged in the future and only allowed in certain areas. So the alternative
zoning is CS and UT. And now you are considering conditional restrictions to these zonings that the potential developer
is not even going to know what those restrictions are until he has spent several thousands of dollars just to get the
project on the meeting agenda. Not knowing what you can or can't do with a piece of property will discourage any
future development in Fayetteville.
I strongly encourage you to vote NO on this proposal. Adding more regulations is not the answer to this particular issue.
Greg Taylor
479-283-2542 (cell)
479-927-4433 (direct)
GTaylor@WeichertGriffin.com
Leslie Chastain
479-756-1003 (main)
479-927-4414 (direct)
479-927-4495 (fax)
LeslieC@weichertgriffin.com
nwaproperties. net
ORDINANCE NO.
AN ORDINANCE TO AMEND § 166.22 COMMUNITY SERVICES AND § 166.24 URBAN
THOROUGHFARE BY CHANGING CERTAIN PERMITTED USES TO CONDITIONAL
USES
WHEREAS, the City Council adopted City Plan 2040 with objectives to promote context
sensitive corridor planning and prioritize multi -modal street designs that treat walkability and
cycling as core functions (Goal 3); and
WHEREAS, City Plan 2040 includes a growth concept map designating areas of the city
intended to develop into pedestrian -friendly mixed -use nodes served by current or future transit
service; and
WHEREAS, the Community Services zoning district is often applied to areas where mixed -use
development is desirable because its stated purpose is to encourage a mixture of residential and
commercial uses in a traditional urban form; and
WHEREAS, recent examples of development in Community Services districts utilizing only
Use Unit 8 "Single Family Dwellings" in patterns indistinguishable from neighboring residential
zones have failed to produce the intended variety of housing types or reserve space for future
commercial development; and
WHEREAS recent proposals for Community Services zones have drawn public criticism about
the safety of traffic associated with Use Unit 18 "Gasoline service stations and drive-in/drive
through restaurants" in areas with high pedestrian traffic or the compatibility of these uses with
nearby residential areas; and
WHEREAS; the Conditional Use Permit process allows the Planning Commission to apply a
higher level of discretion to ensure development of these uses is safe, compatible, and
appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.22
Community Services by removing Unit 8, Single-family dwellings; Unit 9, Two-family
dwellings; and Unit 18, Gasoline service stations and drive-in/drive-through restaurants from
subsection (13)(1) Permitted Uses and adding them to subsection (13)(2) Conditional Uses.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 161.24
Urban Thoroughfare by removing Unit 8, Single-family dwellings and Unit 9, Two-family
dwellings from subsection (13)(1) Permitted Uses and adding them to subsection (13)(2)
Conditional Uses.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby recognizes the vested
rights of property owners who have purchased property for development based on existing zoning
standards, and hereby exempts all unexpired large scale developments, small site improvement
plans, large site improvement plans, preliminary plats, final plats, concurrent plats, and building
permits approved within 6 months following the enactment of this ordinance. This exemption shall
include any approved renewals or extensions pursuant to § 166.20 of the Unified Development
Code and all subsequent phases of plats subject to this exemption.
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of , 2021.
ATTEST:
in
KARA PAXTON, City Clerk/Treasurer
Submit Public Comment
This page is provided for efficient submission of public comment for City Council and Planning
Commission meetings. All submissions must be directly related to a specific agenda item for the
next meeting.
Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Laura Speer
Address or Ward* Address
Ward
Locate Your Ward Number
Ward* Ward 4
Phone Number
479-264-9792
Email
Ispeerster@gmail.com
Meeting Body*
City Council
Agenda Item
B-1
Number/Subject
Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position In Favor
Comments Please remove gas stations from the CS planning zones. The CS zone - at this point
- does not give the city or the residents living around a proposed CS zone any
power to reject businesses that would bring too much traffic and a possibly 24-hour-
business into the middle of what might be a residential area.
Having this ability will help keep our kids safe (at the school and playing in
residential areas that are very close to any proposed CS,property) and keep
residential property prices more stable. Thank you!
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning ofthe aLlenda item then wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public connnents.only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
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.
Enter the text you want this field to display