HomeMy WebLinkAboutOrdinance 65131111111111111111111
1111111111111111111111�11
1111111111111111111111111330p4 Typ 1.49 PM \\'
1111111111 5
02032 GE at p3.3
Ki nd DORp101%p6/ page 1 of
4
eP
Reoordd $3p °ptV pR Glerk ._,
i
Fee Amt ton Coun Oi�oult 6� i 113 West Mountain Street ARCI fi
�aghSVlvesten o00o KylFayetteville, AR 72701 e On (479) 575-8323
F ile� (� Ordinance: 6513
File Number: 2021-0926
APPEAL RZN 2021-073 (2434 N. DEANE SOLOMON RD./LEWIS BROS. LEASING):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZON--NG PETITION
RZN 21-073 LOCATED AT 2434 NORTH DEANE SOLOMON ROAD FOR
APPROXIMATELY 5.06 ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS
PER ACRE TO C-2, THOROUGHFARE COMMERCIAL SUBJECT TO A BILL OF
ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi Family, 24
Units Per Acre to C-2, Thoroughfare Commercial subject to a Bill of Assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 12,/21/2021
Page 1 Printed on 12/22/21
Ordinance: 6513
File Number: 2021-0926
Attest:
Kara Paxton, City Clerk Treasurer
Page 2 Printed on 12122121
RZN-2021-000073 Lewis Bros. Leasing RZN-2021-0000
Close Up View I EXHIBIT 'A'
cl'zu
LORI DR
RI-12
I 44,
—EMIL-DR
Iz-.a
Neighborhood Link
Planning Area
- - Fayetteville City Limits
Trail (Proposed)
Design Overlay District
T
00
Cl)
N
PRIVA
N S-G
MOORE LN
Feet
0 75 150 300 450 600
1 inch = 200 feet
:eRD
DR'
ALLEY
2500
MILLION
LN
.LEY•2520—
Residential-Agricultural
RI-12
I� RMF-24
>♦ C-2
Neighborhood Services - Gen.
Commercial, Industrial, Residential
RZN-2021-000073
EXHIBIT 'B'
Property Description for W. Monroe/Deane Solomon Rezoning Request
A part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 33,
Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly
described as follows:
Commencing at the southwest corner of the SW 1/4 of the SW 1/4;
thence along the south line of said SW 1/4, S87105'1 YE - 330.00 feet;
thence leaving said south line, NO2°50'39"E - 150.03 feet to the Point of Beginning (POB):
thence NO2°50'39"E - 505.46 feet;
thence S87121'12"E - 435.11 feet.
thence S02°52' 17"W - 507.39 feet;
thence along said south line, N87°05'55"W - 434.86 feet
to the Point of Beginning (POB), containing 220285 sq. ft, or 5.06 acres.
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification in
application RZN-2021-M73, the owner of this property, (hereinafter "Petitioner")
Lewis Brothers Leasing Company, Inc., hereby voluntarily offers this Bill of Assurance
and enters into this binding agreement and contract with the City of Fayetteville,
Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying
injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The
Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville
City Council will reasonable rely upon all of the terns and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. The use of Petitioner's property shall be limited to an automotive dealership.
2 The landscaping on the rezoned property shall be as described, or
substantially similar to, that which is described in the attached document as Exhibit A.
Petitioner will increase the standards required by Fayetteville's municipal code as
follows:
a. N. Deane Solomon Road
i) Increase landscape buffer from 15 feet to 20 feet
ii) Increase density of street trees to 1 every 20 feet (from 1
every 30 feet)
iii) Continuous shrubbery will increase from 3 gallon minimum
plantings to 5 gallon minimum
b. W. Moore Lane
i) Increase density of street trees to 2 every 15 feet (from 1
every 30 feet)
ii) Continuous shrubbery will increase from 3 gallon minimum
plantings to 5 gallon minimum
3. Lighting - the lighting shall be in compliance with city code and shall utilize
fixtures the same or substantially similar to that in the attached Exhibit B, which
ensures zero percent (0%) up light and will limit light spill to less than once
percent (1 %) across the property line that is across from residential development.
4. (A-iy other terms or conditions)
5. ;pecific-ally agrees that all such restrictions and terms shall run with
the land and bind all Future owners unless and until specifically released by ordinance
of the rayeTeville City Council. This Bill of Assurance shall be filed for record in the
Waslun on County Circuit Clerk's Office along with Petitioner's rezoning ordinance
and srP.111 be noted on any Final Plat. Large Scale Development, Large Site or Small Site
lmprover;;ent Plan, or other development authorization which includes some or all of
Pent,-cner'S: property that is subject to the rezoning ordinance and this Bill of Assurance.
IN W . MESS WHEREOF and in agreement with all the terms and conditions stated
a b it,_, /via* I tw-, as the owner, developer or
buyer !: :::over) voluntarily offer all such assurances and sign my name below.
Da:e Printed Name, L•rs Le.,,s..�y
A..
ignature
NOTARY OATH
STATE OF ARKANSAS )
COUNTY OF WASHINGTON !
And now on this the A day of 2021, appeared before me,
ey&jc a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
01
NO Y PUB
My Commission Expires:
5vrarntie'G Clark `
WTARV PUBUC
wa5nift9ton CDMty Arkansas
cortndwan 8 174LW
My commhslon Expires 10/28/2024
!
f f f f
f Tl,
I =`
1 f �a ► �� r:i �����
f
t
t
Ii
!
I
i
-- _ ►
'11!1 11
{
1
(l
i
til
d
') t
11
ill
y,,
r -7 -- ......._..
i
tlj
f
ll
I
1 A
t{
f
► � I
I =t
tt
E 2ArcAUTO �MAL
EW15 GROW
�— 2
jJob Name:
J R_.:te 66 Pisan Remodei
......ti Q A.m-iiem BLACK CORLEY OWENS &
HUGHES(SENTON)
0 -
Slice Medium (SLM)
Outdoor LED Area Light
IP66 @� 0
MM
63 -01 6
QUICK LINKS
!r2-
v'_ Ordering Guide
FEATURES 6 SPECIFICATIONS
Catalog Number: (Type:
SLM LED 36L SIL FT UNV DIM 50
70CRI BLK 382132BLK R
Notes
tit
Performance
Construction
Electrical
• Rugged d,e altiminum housing,
H. gh•pe tc.,rnanre dr%vr features
conta ns f., I rewired crr ie and oat cal
ore -voltage under•+. ostage short circu t
Ln t. Cast i. imrnt,rr WOr+q access doer
and crier terntierature protection
located cricierrie I ,
10Y cim - - ! . .. ,standard
• Fististy . ': :rith c' ''. rac-rm'
:elf +ait (1gh
S.:M
potye,tcr aa:,'''' - `' fin shorn prat -'
Soard
l
wt 50 ; on f g); Voltage
Voltage
The .. _ •', . -,tangs .- tremc
::eattcrcn "-'" 'lout cracKmnnr
peel , Ott er 'Y L - f n, ,' ,.s
LBO CA ed t w Ok -col, rs (Se
obic Co =
LLrne " cr, -. to 5-
• Shipp , ' v, r I 37 rt it r in-.n
• Total hienoeic d'stortl.", +10
Optirat Systet7
Operati ;; temper -t :'• ( :'. t.- FSO
( .0 c.. . 12•i:
of
cka at '
t t er fictor > :
• IneLt >ax+: stm^s constant : er fe
Fropret'rr .? C' 0 c Ffetd red"r.':. ... 10k. ' _ -prometr:
s C - d f de; i ,' meets a In,nnn--:-' 'Categ q C L
C %it cut . _. ' "W operation (pt r 4PISOEE2 C6:? 417.
n ❑ V d a irLu' be: d' Y:at d ssioat,on
r :er 'ut - encased m pott ng material
for me sture res stance and cornet es w th
.a K r
for tern: � } -r AN 8 - �.
available n sia 2rt
� = .
pea intie v at 6
• N nirtium . ' cf
• Integral IC . : 1L', a u ""'.. ' ed
( H) options ::.dHabi= ror improves
backlight cent' •: v. thout sacr-t" ng it .3
side performer e See pa'"' 3 fcr r
details
CC stindar . Dr ver, and key - ectro IC
vmponents can easy st be accessed
Controls
Opbonai -tegra cass've infrared
9 uetooth ' mo'ton and chatoce sersot.
Fixtures cnerwe indem.-identiy and ca'
L,e commissonta v;a FOS 3r Android
conhguranon anp
• LSI AirLink' •r+retess ontroisystem
GP• ons reduce 8r '-- - and maintenance
casts whfe oot -i , rg ight cilia ity 2.t.
00 LSIlndtis:r
rii
Photometrics Dimensions
Installation
• A single fasioner scrures the hels;cd door
underneath the hotainq and prov .s
qu,ck A easy Xccss to the etectr cat
cmitoaftment
• Included terra na hiock acrcpts up to '2 ga
wire
• Utlii«ps LS s tradit ona 63 ors i pattorn
(5•.te drav: n0 an na(pr 9)
Warranty
• 1521 lunina res carry a S ;'ea^ hm;ted
wrrranty Refer to https vrvrw = nduatnes
earn r, s uses/tans-and r+aria T. a
for more irformation
Listings
• L•eted to UL 1598 and UL 87eQ
• Meats Buy Arnv cin Act requ,' •"', '
• IPA cosnp4ant th 3000K co e
trmnerature select on
• Title 24 Cc rip cart see is a ore: na o for
quaif t ^ cfnrm�ton
• Suitable for vmt Locations
W66 rated Lum na,re per IEC 60598-i
• 3G rated for ANS! C-36.3t h,ch vibration
anp. eat onsappicat cns-ire qualified
• DesiyrvL ghts G,nscrtlurs (OLC) qua•f ec
crodu:t Not all =Crs ors of ttas Nroduct
may be DLC cu ified Please check the DLC
Qualified Products Lst at, .vwdcslgnirgttts
or9/GPL to confirm which vervans afp
qualified
• Paterted Silicone Optics (US Patent NO
10,W6,165 62)
Exhibit B
fan' Jun 29. f_-�_"
i
ling and Cnrrrofs lGatalog Number: Type -
Job Name: SLM LED 36L SIL FT UNV DIM 50
R.�uee 66 N.ssar, Remodol 17OCRI BLK 382132BLK R
arcN!ev BLACK. CORLEY O7lENS &
HUGHES (BENTON) Notes
0
OPTICS NOTATION
Top view
C�
Optics %talad tall
0pu=' R l to, I R )lit
Lisa Typo EXAMPLE Use Type
R L
rOpti s Related R q rt (Opticl llouterl felt)
1 Ile
Slice Medium Outdoor LED Area Light
ACCESSORIEVOPTIONS
Integral Louver (IL) and House -Side Shield (IH)
Accessory louver and shield available for improved backlight
control without sacrificing street side performance. LSI's
Integral louver (L) and Integral House -Side Shield (IH)
options deliver backlight control that significantly reduces
spill light behind the poles for applications with pole
location close to adjacent properties. The design maximizes
to(wrd reflected light while reducing glare, mainta rung
the opE,cal distribution selected, and most iniportan*j
eliminabng light trespass. Both options rotate v4ith the
opt Cal d stnbution.
Luminake Shown with Lurmnalre Shown with
integral Loxquver CIL) IMSST 4ptlon
7 Pin Photoelectric Control
7-pin ANSI C136 41-2013 control romptarle option available for
trust lock photacontrols or wireless control modules Control
nccles5ones sold sepnrately. Dimming leads from the receptacle
volt be connected to the drier dimming leads ;Consult factory
for o ternatn wifing)
F ature Shown with CR7o
INTEGRAL SHIELDING
TWO OPTIONS:
Standard Optic With With IL
*f the cant,01 th��L- Area C�..r-
Ls!
IrLcSrai IL%nier o.cle.-5 il - w!17C. L; E 3-S ;.70si: 3- va on the s s h,e: d ;s D o -fQ-t -Or -7lLrS=1 IrJL'Z; loos that rur) Up - lir--os LSI
-!'F; nZ;�Lrg
j jn�;_qe vi ld -r,. de I rs �:l--7 --!vi tt-. m i n ia 5' , S h'iz 'f F. L
. nls Is 0. L the
Of L :.�L3CI_' 11
is '0. L_
ess an r:-,'--3ff
EXTERNAL SHIELDING
Mounting
Height
(Feet)
72
48
HEIGHT OF SHIELD (Inches)
36 24 24
21
18
15'
17.5'
24
56
42
34
28
24
21
20'
96
64
48
39
32
28
24
22.5'
109
72
54
43
36
31
27
25'
120
so
60
48
40
34
30
27.5'
133
as
66
53
44
36
33
3G'
145
96
72
58
46
41
36
Mounting
Height
(Feet)
97
64
HEIGHT OF SHIELD (Inches)
48 39 32
28
24
15'
17.51
115
75
56
45
m
32
28
20'
129
86
64
5
43
37
32
22 5'
145
97
72
56
1 48
41
36
25'
181
1.07
60
64
.54
d6
40
245'
177
118
83
71
59
51
44
30'
.193
129
97
77
64
55
48
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0926
Agenda Date: 12/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
APPEAL RZN 2021-073 (2434 N. DEANE SOLOMON RD./LEWIS BROS. LEASING):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-073 LOCATED AT 2434 NORTH DEANE SOLOMON ROAD FOR APPROXIMATELY 5.06
ACRES FROM RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE TO C-2,
THOROUGHFARE COMMERCIAL SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-24, Residential Multi Family, 24 Units Per Acre to C-2,
Thoroughfare Commercial subject to a Bill of Assurance.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1212212021
(CLARKLAW FIRM
NOVEMBER 12, 2021
Via Email (cityclerk@fayetteville-ar.gov)
Ms. Kara Paxton
City Clerk
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: APPEAL of Planning Commission Decision
RZN — 2021-000073 — Monroe/Deane Solomon
Dear Ms. Paxton,
244 West Dickson Street, Suite 201
PO Box 4248
Fayetteville, Arkansas 72702-4248
Tel: (479) 856-6380
Fax: (479) 856-6381
Suzanne G. Clark
sclark@clark-firm.com
Pursuant to Unified Development Code 155.05(A)(1)(b), on behalf of Lewis Brothers
Leasing Co., Inc, I am appealing the decision of the Fayetteville Planning Commission denying
my client's rezoning application, RZN-2021-000073, during the November 8, 2021 meeting.
We would request this matter be place on the City Council's agenda at the earliest opportunity.
As noted in the application, the property in question is located at the southeast corner of
the intersection of Deane Solomon Road and W. Monroe Lane and is approximately 5.06 acres.
The property to be rezoned is currently zoned RMF-24 and the application requested rezoning
the property C-2, Thoroughfare Commercial.
The purpose of the rezoning request is to utilize the property for a Lewis Automotive
dealership, relocating from its current location on College Avenue. Lewis Automotive is a
family -owned business that has operated in Fayetteville for more than seventy-five (75) years.
Its contributions to the economic vitality of our community have been, and will continue to be,
very substantial. When other businesses have chosen to move north of Fayetteville, the Lewis
brothers have remained committed to keeping their business in Fayetteville.
We believe the denial of the rezoning application is erroneous because C-2 is plainly the
proper zone for this property's development. The track of property that will house the auto
dealership to is roughly 25 acres. Approximately twenty (20) acres of the property is already
zoned C-2, and these five (5) acres, contiguous to it, should be zoned consistently with the
City of Fayetteville — Rezoning Appeal 12 NovEMBER 2021
Lewis Brothers Leasing Co., Inc. Page 2 of 2
remaining property. Though the City's Future Land Use map shows this property and the
property adjacent to it along I-49 as City Neighborhood, the current and developing uses
demonstrate that there is a significant disconnect between the City goals and the actual long-term
use. This property along I-49 is fast becoming Fayetteville's auto park, given the proximity of
the Subaru and Hyundai dealerships, the Kia dealership in development adjacent to the subject
property, and the plans for Lewis Automotive. Despite City Plan 2040, the practical
considerations of the actual uses, the economic impact on the City, and the suitability of the use
for this property should drive the decision.
We respect the City Planning staff s recommendation, and understand they are bound by
the confines of the City's long-term goals. It is evident that requests for C-2 zoning are likely to
be denied outright in virtually all cases. However, while recommending denial, Planning staff
noted: "If conventional, vehicle -dependent zoning is suitable anywhere in Fayetteville, the
subject property is likely to be among the most compatible." While the commissioners agreed
that this was a perfect location for the Lewis Brother's dealership, it denied the application to
extend the C-2 zoned property through these five (5) acres. We believe the Commission should
have granted the application to rezone and request the City Council grant the application on
appeal.
Please advise if you require any additional information, and we will look forward to
presenting the matter to the City Council.
Sincerely,
/s/ Suzanne G. Clark
Suzanne G. Clark
cc. Matt Lewis
Blake Pennington
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 7, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Ryan Umberger, Senior Planner
DATE: November 19, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000073: Rezone (2434 N. DEANE SOLOMON RD.ILEWIS BROS.
LEASING, 286): Submitted CLARK LAW FIRM for properties located at 2434 N.
DEANE SOLOMON RD. The properties are zoned RESIDENTIAL MULTI FAMILY,
24 UNITS PER ACRE and contain approximately 5.06 acres. The request is to
rezone the properties to C-2, THOROUGHFARE COMMERCIAL.
RECOMMENDATION:
The Planning Commission and City staff recommend denial of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject area is in northwest Fayetteville, less than '/z mile north of the interchange between
N. Porter Road and 1-49. The property contains 5.06 acres and is currently the site of Process
Dynamics, an engineering consulting firm. The property is largely undeveloped with the exception
of the roughly 7,700 square foot office building and cell tower on site.
Request: The applicant is requesting to rezone the property from RMF-24, Residential Multi-
family, 24 Units per Acre to C-2, Thoroughfare Commercial. The applicant describes plans to
relocate the Lewis Automotive dealership from its current location on N. College Avenue and
suggests the rezoning is proper given the proposed use of the property.
Public Comment: A member of the public commented in opposition to the request. The
commenter says the request to rezone to C-2 is inappropriate for a property fronting N. Deane
Solomon Road, especially with due consideration for the nearby residential uses and dedicated
park area north of the site. Prior to the Planning Commission but after staffs report publication,
support for the request was received from a property owner on the west side of Deane Solomon.
The comment is attached to this report.
Land Use Compatibility: Staff finds the request to rezone the property from RMF-24, Residential
Multi -family, 24 Units per Acre to C-2, Thoroughfare Commercial to be generally incompatible.
Much of the surrounding area is developed for residential uses or undeveloped altogether.
Although some commercial uses may be generally compatible with the surrounding area, the
intensity and breadth of uses allowed in the requested C-2 zoning district are unlikely to comport
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
with, or provide service to, the nearby properties. At this location, the C-2 zoning district will not
act as a connection between lower- and greater -density areas but may act as a new node of
highway commercial strip development. The C-2 zoning district is among the City's highest
intensity districts, allowing for buildings up to 6 stories tall, with exclusively commercial uses
permitted by -right including auto -oriented services, drive-thru restaurants, and gas stations. On
the other hand, the property is located approximately'/2 mile north of N. Porter Road's intersection
with 1-49 and within '/o of a mile of 1-49 itself. If conventional, vehicle -dependent zoning is suitable
anywhere in Fayetteville, the subject property is likely to be among the most compatible. Staff
finds instead that a low -intensity mixed -use request would be compatible at this location and
encourage walkable elements such as a build -to -zone and heightened design requirements.
Land Use Plan Analysis: Staff finds that the request to C-2 is not consistent with adopted land
use policies, or the Future Land Use Map designation for the area. The C-2 zoning district allows
for a wide array of heavy commercial uses in a conventional development pattern. The future land
use designation recognizes conventional strip development though suggests those areas should
be evaluated for their potential to redevelop in a more efficient, urban layout. Given the future
land use designation as a City Neighborhood Area, staff finds the request is incongruous with city
land use policies for complete compact and connected development patterns. Future off-street
trail connections are proposed approximately 150 feet south of the subject area and along N.
Shiloh Drive which would contribute to providing alternative modes of transportation access to the
site. The use of the site, though, may negate the enhanced accessibility that might otherwise
occur with a form -based zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 3-5
for this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Fire Station #8, underdevelopment)
• Near Water Main (8- and 6-inch along N. Deane Solomon Road)
• Near City Park (Unnamed Park Along Clabber Creek)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
At the November 8, 2021 Planning Commission meeting, a vote of 8-1-0 denied the rezoning
request. Commissioner Sparkman made the motion and Commissioner Canada seconded.
Commissioners discussed the request at length, with those ultimately opposed to the request
acknowledging use of the overall property for the proposed use made sense and would be
improvement. In the same vein, Commissioners also recognized that the preponderance of the
overall property is already zoned C-2, making the current proposal more compelling. Conversely,
Commissioner reluctance to support C-2 revolved around the district's lower design standards,
the effect a car dealership will have on an otherwise residential street, and concern with the lack
of detail that would otherwise come with a planned zoning district request. Commissioner Johnson
voted against the denial. Commissioner Johnson expressed concerns about the permanence of
C-2 zoning along N. Deane Solomon Road but ultimately felt a rezoning was warranted, but
possibly to a mixed -use district.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• Public Comment Received After Planning Commission Report Publication
RZN-2021-000073 Lewis Bros. Leasing
Close Up View
S'DRl■ ��
LORI DR I /"`
EMIL-DR
Neighborhood Link
Planning Area
L
Fayetteville City Limits
- - - Trail (Proposed)
j _ Design Overlay District
0
z
0
2
0
.�I
0
CO
W
Z
Q
A
Subject Property
RMF-24
Feet
0 75 150 300 450
1 inch = 200 feet
MOORE-L•N
/ C-2
LN
NUJ
Residential -Agricultural
RI-12
RM F-24
C-2
Neighborhood Services - Gen.
600 Commercial, Industrial, Residential
Property Description for W. Monroe/Deane Solomon Rezoning Request
A part of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section 33,
Township 17 North, Range 30 West, Washington County, Arkansas, being more particularly
described as follows:
Commencing at the southwest corner of the SW 1/4 of the SW 1/4;
thence along the south line of said SW 1/4, S87°05'13"E - 330.00 feet;
thence leaving said south line, NO2°50'39"E - 150.03 feet to the Point of Beginning (POB):
thence NO2°50'39"E - 505.46 feet;
thence S87°21'12"E - 435.11 feet;
thence S02°52'17"W - 507.39 feet;
thence along said south line, N87°05'55"W - 434.86 feet
to the Point of Beginning (POB), containing 220285 sq. ft, or 5.06 acres.
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Services Director
FROM: Ryan Umberger, Senior Planner
MEETING DATE: November 8, 2021
SUBJECT: RZN-2021-000073: Rezone (2434 N. DEANE SOLOMON RD./LEWIS
BROS. LEASING, 286): Submitted CLARK LAW FIRM for properties
located at 2434 N. DEANE SOLOMON RD. The properties are zoned
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contain
approximately 5.06 acres. The request is to rezone the properties to C-2,
THOROUGHFARE COMMERCIAL.
RECOMMENDATION:
Staff recommends denial of RZN-2021-000073.
RECOMMENDED MOTION:
"I move to deny RZN-2021-000073."
BACKGROUND:
The subject area is in northwest Fayetteville, less than '/2 mile north of the interchange between
N. Porter Road and 1-49. The property contains 5.06 acres and is currently the site of Process
Dynamics, an engineering consulting firm. The property is largely undeveloped with the exception
of the roughly 7,700 square foot office building and cell tower on site. Surrounding land uses and
zoning is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential
NS-G, Neighborhood Services -General
South
Fayetteville Church of Christ
RMF-24, Residential Muti-family, 24 Units per Acre
East
Williams Tractor Farm Equipment Sales
C-2, Thoroughfare Commercial
West
Two-family Residential
RI-12, Residential Intermediate, 12 Units per Acre
Request: The applicant is requesting to rezone the property from RMF-24, Residential Multi-
family, 24 Units per Acre to C-2, Thoroughfare Commercial. The applicant describes plans to
relocate the Lewis Automotive dealership from its current location on N. College Avenue and
suggests the rezoning is proper given the proposed use of the property.
Public Comment: A member of the public commented in opposition to the request. The
commenter says the request to rezone to C-2 is inappropriate for a property fronting N. Deane
Solomon Road, especially with due consideration for the nearby residential uses and dedicated
park area north of the site.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Deane Solomon Road and W. Moore Lane.
N. Deane Solomon Road is a partially improved Neighborhood Link Street with
asphalt paving and open ditches. W. Moore Lane is a partially improved
Residential Link Street with asphalt paving and open ditches. Any street
improvements required would be determined at the time of a development
proposal.
Water: Public water is available to the subject area. Existing 8- and 6-inch water main
stub -outs are present on the east side of N. Deane Solomon Road.
Sewer: Sanitary Sewer is not available to the subject area, but access is present to the
larger property along W. Moore Lane. There an 8-inch sewer main is present at
the north property line.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 7, located at 835 N. Rupple Road, protects this site. The property is located
approximately 2.6 miles from the fire station with an anticipated drive time of
approximately 7 minutes using existing streets. The anticipated response time
would be approximately 9.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck. Of note, Fire
Station #8 is under construction at the corner of Porter and Deane Solomon and
will provide reduced response time.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the subject area lies within the Hillside -Hilltop
Overlay District or within a FEMA floodplain. There is no protected stream present
in the subject area, and there are no hydric soils on the property.
Tree Preservation:
The proposed C-2, Thoroughfare Commercial requires 15% minimum canopy
preservation. The current zoning district, RMF-24, Residential Multi -family, 24
Units per Acre requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 3-5
for this site, with a weighted score of 7. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Fire Station #8, underdevelopment)
• Near Water Main (8- and 6-inch along N. Deane Solomon Road)
• Near City Park (Unnamed Park Along Clabber Creek)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use (City Neighborhood)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to rezone the property from
RMF-24, Residential Multi -family, 24 Units per Acre to C-2, Thoroughfare
Commercial to be generally incompatible. Much of the surrounding area is
developed for residential uses or undeveloped altogether. Although some
commercial uses may be generally compatible with the surrounding area,
the intensity and breadth of uses allowed in the requested C-2 zoning district
are unlikely to comport with, or provide service to, the nearby properties. At
this location, the C-2 zoning district will not act as a connection between
lower- and greater -density areas but may act as a new node of highway
commercial strip development. The C-2 zoning district is among the City's
highest intensity districts, allowing for buildings up to 6 stories tall, with
exclusively commercial uses permitted by -right including auto -oriented
services, drive-thru restaurants, and gas stations. On the other hand, the
property is located approximately % mile north of N. Porter Road's
intersection with 1-49 and within 1/4 of a mile of 1-49 itself. If conventional,
vehicle -dependent zoning is suitable anywhere in Fayetteville, the subject
property is likely to be among the most compatible. Staff finds instead that
a low -intensity mixed -use request would be compatible at this location and
encourage walkable elements such as a build -to -zone and heightened
design requirements.
Land Use Plan Analysis: Staff finds that the request to C-2 is not consistent
with adopted land use policies, or the Future Land Use Map designation for
the area. The C-2 zoning district allows for a wide array of heavy commercial
uses in a conventional development pattern. The future land use designation
recognizes conventional strip development though suggests those areas
should be evaluated for their potential to redevelop in a more efficient, urban
layout. Given the future land use designation as a City Neighborhood Area,
staff finds the request is incongruous with city land use policies for complete
compact and connected development patterns. Future off-street trail
connections are proposed approximately 150 feet south of the subject area
and along N. Shiloh Drive which would contribute to providing alternative
modes of transportation access to the site. The use of the site, though, may
negate the enhanced accessibility that might otherwise occur with a form -
based zoning district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is not justified or needed to
accommodate development of the property in accordance with goals
outlined in the city's comprehensive plan. The proposed zoning district does
not encourage development in a traditional town form and is intended to
provide retail goods and services to highway travelers rather than for
persons living in the surrounding residential areas. Staff acknowledges the
subject area's proximity to 1-49 makes the property ideal from a visibility
perspective but contends that rezoning will limit the area from offering more
contextually appropriate services.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RMF-24 to C-2 could appreciably increase traffic
at this site. Given the permitted uses under the proposed C-2 zoning district,
an increase in traffic is possible when compared to the existing RMF-24
zoning. That said, the site has frontage onto N. Deane Solomon Drive, a
Neighborhood Link Street per the 2040 Master Street Plan, though it is only
partially improved. The site is also near to 1-49 which would help to facilitate
regional travel to the subject area.
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: Given the lack of permitted residential uses in the C-2 zoning district, it is
unlikely that development under the requested rezoning will adversely
increase population density. That said, the intensity of non-residential
development under the C-2 zoning district is much greater than under the
existing zoning and some non-residential uses can have greater impacts on
City facilities than residential uses. The Police and Fire Departments have
expressed no objections to the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends denial of RZN-2021-000073.
PLANNING COMMISSION ACTION: Required YES
Date: November 8, 2021 O Tabled O Forwarded O Denied
Notion:
ISecond:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.16 RMF-24, Residential Multi -family, 24 Units per Acre
o §161.23 C-2 Thoroughfare Commercial
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 124 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
ark
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 1 3,000 square feet
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5
stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C),
2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
1 Small scale production
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 1 6 stories*
* If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19)
(CLARKLAW FIRM
SEPTEMBER 27, 2021
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Rezoning Application — Monroe/Deane Solomon
Attn: Development Services/Planning
244 West Dickson Street, Suite 201
PO Box 4248
Fayetteville, Arkansas 72702-4248
Tel: (479) 856-6380
Fax: (479) 856-6381
Suzanne G. Clark
sclark@clark-firm.com
I am representing Lewis Brothers Leasing Co., Inc, regarding their application to rezone
the real property described in the attached property description and located in parcel numbers 765-
15879-000 and 765-15879-002. The property is located at the southeast corner of the intersection
of Deane Solomon Road and W. Monroe Lane and is approximately 5.06 acres. The property to
be rezoned is currently zoned RMF-24 and the applicant is requesting the property be rezoned to
C-2, Thoroughfare Commercial.
The purpose of the rezoning request is to utilize the property for a Lewis Automotive
dealership, relocating from its current location on College Avenue. Lewis Automotive is a family -
owned business that has operated in Fayetteville for more than seventy-five (75) years. Its
contributions to the economic vitality of our community have been, and will continue to be, very
substantial. When other businesses have chosen to move north of Fayetteville, the Lewis brothers
have remained committed to keeping their business in Fayetteville.
This requested rezoning is compatible with the surrounding neighborhood and will not
unreasonably adversely affect or conflict with the surrounding land uses. Though City Plan 2040
does not include C-2 for future uses, the majority of parcel 765-15879-000 is already zoned C-2,
this tract of land is immediately adjacent to property that is also zoned C-2, and the property is in
very close proximity to other automobile dealerships along I-49. Any residential properties within
the neighborhood are separated and defined by the intersection itself. Given the proximity to I-49
and the automotive dealerships in place and in development, C-2 is the proper zone for this
property.
A portion of the property on College Avenue, the current Lewis Automotive location, will
be the subject of a separate rezoning application that may provide for of a portion of that property
City of Fayetteville
Lewis Brothers Leasing Co., Inc.
27 SEPTEMBER 2021
Page 2 of 2
to be rezoned from C-2 to one of the form -based zones prevalent in City Plan 2040. That requested
rezone would be in support of this application for the Monroe/Deane Solomon property.
We are happy to provide any additional information that is needed or may be helpful upon
your review of this application. Thank you for your consideration and please let me know you
have any questions.
Sincerely,
/s/ Suzanne G. Clark
Suzanne G. Clark
cc. Matt Lewis
Umberger, Ryan
To: Planning Shared
Subject: RE: Items on the Planning Map
From: Kyle Smith [mailto:kvle.smith@kyle4fay.org]
Sent: Tuesday, November 02, 2021 5:30 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Items on the Planning Map
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.
There are a few items of interest on the planning map that don't yet have staff memos posted. If they're due to be
ready in a day or two, I'll just find them there. But if it's longer, I'd love to see the applications that have been submitted
in the meantime.
• VAR-2021-000045 (Variance request for Wedington Place)
• RZN-2021-000074 (Rezone request for Double Springs Rd. Rezone)
• RZN-2021-000077 (Rezone request for Small Fish, LLC)
• RZN-2021-000073 (Rezone request for Lewis Bros. Leasing)
• LSD-2021-000042 (Large Scale Development for Village on the Creeks)
• LSD-2021-000040 (LSD proposal for Cobblestone Farms)
• RZN-2021-000076 (Rezone request for NWA Custom Homes)
I would also like to proactively submit my opposition to RZN-2021-000073 in it's current form. I realize that C-2 is
consistent with the other parcel that they will be building on and expanding, this is not an appropriate zoning to front
Deane Solomon. It is especially troubling because it likely represents an intent to this as the distantly forgotten back -
end of a very large LSD that I expect will front the interstate. I hope their eventual development proposals for this site
will include conditions that the Deane Solomon frontage will be treated with the consideration that the future near -by
residential and city park uses deserve. I would fully support a form -based zone here, but C-2 or forgotten back parking
lot is unacceptable.
Thanks!
Kyle Smith
kyle.smith@kyle4fay.org
479.274.8881
Facebook I Twitter I Website
RZN-2021-000073
One Mile View
1i'*
W
RSF-4
Lewis Bros. Leasing
0 0.125 0.25 0.5 Miles
WEEWWWWWWO
NS-G
CPZD
NORTH
O � /
_ (n C-Z /
Subject Property
C-1
MOUNT, COMFORT,Ib
P-1
I /
R-A
RI-U j i '� / /•
iLu
RMF-24 s' i • • /
a / /I
Regional Link
Neighborhood Link
Freeway/Expressway
M Planned Residential Link
• Shared -Use Paved Trail
— Trail (Proposed)
l_ J Design Overlay District
+ Fayetteville City Limits
�• • 1 Planning Area
Planning Area
Fayetteville City Limits j—
Zoning
.� L2 Gener9 IMustriel
RESIDENTIAL SINGLE-FAMILY
E%TRACTION
RI-U
COMMERCIAL
.� RI-12
Residenoel-OMce
.� NSL
.� Resmenoel-Pgnc .1
C-2
R.
= C-3
R.
FORM BASED DISTRICTS
RSF-2
Downtown Core
RSF-4
Urban TM1aoughfere
RS1-1
Mein slreel Center
RSF-8
Oownlown Generel
RSF-18
�Dommuniry Services
RESIDENTIAL MULTIFAMILY
.. Neighb .T services
Neighbomooa Conserveoon
J RMF-12
PLANNED ZONING DISTRICTS
.� RMF-18
M Comma I, Ind. —I, Resmenoel
.� RMF-24
INSTITUTIONAL
RMF-40
P-1
INDUSTRIAL
11 Heavy Cwnmeruelend UgMlNestriel
RZN-2021-000073 Lewis Bros. Leasing
Close Up View
S'DRl■ ��
LORI DR I /"`
EMIL-DR
Neighborhood Link
Planning Area
L
Fayetteville City Limits
- - - Trail (Proposed)
j _ Design Overlay District
0
z
0
2
0
.�I
0
CO
W
Z
Q
A
Subject Property
RMF-24
Feet
0 75 150 300 450
1 inch = 200 feet
MOORE-L•N
/ C-2
LN
NUJ
Residential -Agricultural
RI-12
RM F-24
C-2
Neighborhood Services - Gen.
600 Commercial, Industrial, Residential
RZN-2021-000073
Lewis Bros. Leasing
A&
Current Land Use
NORTH
r
a
,
Single -Family Residential - -
..,..
rrjr.,4ra
_
Multi -Family Residential y,Subject
Properties
ice`
—sS «
� •;<<�w
" ,..-, ,
�.
�. f rr Commercial00",
- .
mt,
'
i �� r '7 �t * 14rE11ERE c
00
.
—AL
Institutional
• w Y
°e /♦' yr ?T
r
r.- - e
f T
L
♦ _ r�
L F
Z�
/♦
�p
{
SHILOH
�,.t'. ��
��' DR��
� >:R.. F
E."FlLZ�,plF
TM IrFtVA�' r�'h2 �rn!•�y� �Fe
Neighborhood Link
FEMA Flood Hazard Data
Freeway/Expressway
100-Year Floodplain
Trail (Proposed)
_
Feet
Floodway
Planning Area
0 112.5 225 450 675 900
Fayetteville City Limits
-- - 1 inch = 300 feet
Design Overlay District
RZN-2021-000073
Future Land Use
II
QUAIL
DR
DOVE
DR
z
.J
z
w
Q
d'
Residential
Neighborhood
Neighborhood Link
Freeway/Expressway
■ ■ Planned Residential Link
: Planning Area
Fayetteville City Limits
- - - Trail (Proposed)
L_ _� Design Overlay District
Lewis Bros. Leasing
NORTH
Natural
AT,
i
City
:ighborhood
i
i
i
i
i
; - �y
A74
Civic
Institutional
r
MCity Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
SHILOW
Feet
0 145 290 580 870
1 inch = 400 feet
1,160
"� J
Umberger, Ryan
To: Umberger, Ryan
Subject: RE: Lewis Automotive Rezone
From: Craig Underwood <craig@underwoods.com>
Sent: Monday, November 8, 2021 1:59 PM
To: Suzanne Clark <sclark@clark-firm.com>
Cc: laura@underwoods.com
Subject: RE: Lewis Automotive Rezone
Suzanne,
Thank you for the email and the update on your progress with the rezoning.
You are correct that we were not opposed to the rezone. And, upon learning more details about the concept planned by
the Lewis family, we are strong supporters of the rezoning. We were happy to learn that attractive, high quality,
landscaping and beautiful entrance aesthetics are planned for the portion of the property facing Deane Solomon Road
and Moore Lane. Knowing the integrity of the Lewis family and their desire to provide Fayetteville with a high -quality
automobile dealership facility, Laura and I strongly support the rezoning request.
Sincerely,
Craig Underwood
Craig Underwood
craig@underwoods.com
to
UNDERVVDDDS
VIN-L JEWELEk5
611 W. Dickson Street
Fayetteville, AR 72701
Mon -Fri 10a-6p
Sat 10a-5p
Phone: 479.521.2000
Connect with us online!:
http://www.underwoods.com
,
e pines
OR I at springwoods
To: City of Fayetteville Arkansas Planning Commission
Email sent to planning(@fayetteville-ar.gov
December 3, 2021
From: Board of Administration
The Horizontal Property Regime of The Pines at Springwoods
2353 West Pinehills Dr.
Fayetteville, Ar 72704
Dear Commissioners:
We are writing this letter to you in anticipation of your consideration of an appeal of a recent Planning
Commission decision to deny a rezoning request for the Lewis Ford car dealership in west Fayetteville
As stewards of the value and maintenance of The Horizontal Property Regime of The Pines at
Springwoods residential neighborhood located off Deane Solomon Road, we feel compelled to make our
position known in the upcoming appeal.
We first want to express our appreciation of the Commissioners' decision reported in the Fayetteville Flyer
in November 9, 2021 edition. As residential owners, we applaud the Commission's decision to support the
neighborhood residential nature of existing developments and, in turn, discourage additional traffic and
noise the change to C2 zoning could potentially bring, and the potential reduction in attractiveness and
value of existing residential property in the area. Thank you!
Our position mirrors, somewhat, that of Chair Matthew Johnson who voted against the denial, and said he
thinks the commission could've come up with something that meets both the City's and the applicant's
goals. We think Lewis' desire for a C2 zoning is not a fit for our neighborhood or our neighboring
residential developments. Lewis has a variety of options at its disposal, chiefly the PZD that
accommodates Lewis's needs and desires, the needs and desires of its neighbors, and for Fayetteville
generally.
What does Lewis need? Visibility, access, and area for display of vehicles. They can have all of that along
Shiloh Dr. without looking like a sprawling tarmac filled with vehicles, as so many dealerships present
themselves.
We expect and appreciate the support and stewardship the City and the Planning Commission is
displaying and think the request should have been denied in the first instance, as it was. We hope the
commission will not approve the Lewis Ford appeal, as presented, and will look for a more mutually
beneficial solution of zoning that support all affected parties.
Thank you,
The Pines at Springwoods
Board of Administration
CityClerk
From: CityClerk
Sent: Friday, December 3, 2021 2:07 PM
To: bbolinger@fayetteville-ar.gov; bpennington@fayetteville-ar.gov; Brown, Chris; Bunch,
Sarah; cityclerk@fayetteville-ar.gov; Curth, Jonathan; geads@fayetteville-ar.gov;
groberts@fayetteville-ar.gov; Gutierrez, Sonia; Hertzberg, Holly; jbatker@fayetteville-
ar.gov; Jones, D'Andre; Kinion, Mark; kjohnson@fayetteville-ar.gov;
krogers@fayetteville-ar.gov; kwilliams@fayetteville-ar.gov; Ibranson@fayetteville-ar.gov;
Ijordan@fayetteville-ar.gov; Mathis, Jeana; Paxton, Kara; pmulford@fayetteville-ar.gov;
Rea, Christine; Scroggin, Sloan; snorton@fayetteville-ar.gov; Thurber, Lisa; Turk, Teresa
Cc: Iewisdavid623@gmail.com
Subject: FW: hi - let me know you got this if you would
Please forward to the city council members. Thanks.
Patti
From: David Lewis <lewisdavid623@gmail.com>
Sent: Friday, December 3, 2021 7:51 AM
To: Jordan, Lioneld <Ilordan@favetteville-ar.gov>
Subject: hi - let me know you got this if you would
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.
My great nephews Matt, Shelby and Taylor Lewis, who operate Lewis Ford, are in the process of working with the City
Council for zoning approval for a major expansion of the dealership. For nearly three quarters of a century, Lewis Ford
has been a successful company and generous community partner. Matt has also served as a board member of the
Fayetteville Chamber of Commerce and is in his second term. My family has been an ardent supporter of the city since
the first generation settled here in 1882. The five sons of James Washington Lewis founded Lewis Brothers Hardware (I
know you are aware of this, but possibly not other City Council Members) and also helped start the First National Bank
of Fayetteville. As a business leader, my grandfather Bert, recognized that a vibrant community included not only
thriving businesses, but a strong education system as well. He served as the chairman of the Fayetteville School Board
when Washington School was built in 1926 and was instrumental in the development of Harmon Playfield. My Uncle
Paul, who left his entire estate to the University of Arkansas, was a fervent proponent of the Fayetteville downtown
square and also received awards for his contributions to helping make it what it is today. Matt, Shelby and Taylor's
great-grandfather Buck Lewis, my father, was the Sheriff of Washington County and afterwards a banker and served on
the City Hospital Board, the school board, and was instrumental in bringing Beaver Lake to Northwest Arkansas. My
father also helped establish Camp Orr for the Boy Scouts and was presented with the Silver Beaver Award, which is
"bestowed upon only those persons who have given continued, unselfish and effective service to the community."
You, of course, knew my brother John, and why he carried the nickname "Mr. Fayetteville" as he ardently
championed anything that benefited our city. John served on the School Board, Washington Regional Hospital Board, the
Beaver Water District Board and countless other community endeavors. In addition to John, there have been many
more Lewis family members that have made major contributions that haven't been mentioned. Currently, Matt, Shelby
and Taylor Lewis are the generation of Lewis' that are carrying out this dedication to Fayetteville with their business
expansion plans, which will in turn provide more opportunities to benefit the community. They are simply good, hard-
working young businessmen who are part of a family that treasures its relationship with the city of Fayetteville.
I hope you will share this with the City Council as it considers the zoning and its impact on the future of the Lewis
Automotive Group. As Fayetteville progressed into the city that we all have come to appreciate and care about, there
have been Lewis' helping it along the way. In a spirit of cooperation, I hope the city can work with the Lewis brothers to
assist them as I feel it's in the best interests of Fayetteville. Like Bert, Buck and John, I am confident that Matt, Shelby
and Taylor will serve our community with the same enthusiasm, generosity and vision. I ask that you share this note with
members of the City Council, particularly those who may not be familiar with our family's long history in Fayetteville.
I have no financial interest in Lewis Ford.
Thank you,
David Lewis
4
December 6, 2021
City of Fayetteville, Arkansas Planning Commission
Via Email at planninp,@fayetteville-ar.gov
Dear Commissioners:
This letter is in reference to your commissioners' decision to deny a rezoning request for the Lewis Ford
car dealership in west Fayetteville that would impact our residential property at The Pines at
Springwoods neighborhood located off Deane Solomon Road. I would like to thank you for your
decision and request that you uphold that decision in the appeal that Lewis Ford has requested. Even
though there should remain a path for growth, residential areas have to remain protected in
Fayetteville.
purchased my condo at the Pines in 2015 and it was very quiet, secluded and a natural environment
with deer in the area. In the last two years, the property adjoining our property off Moore has seen
many newly constructed homes and apartments. A convenient store has built across the corner from
the Subaru dealership and traffic has increased tremendously. I understand that Fayetteville and
surrounding areas have experienced tremendous growth at a rapid pace, but I feel that it is important
for any city to maintain residential areas as well as commercial.
I applaud you for your service to the City of Fayetteville and your difficult positions of making decisions
that impact all parties.
I would appreciate your consideration of the above.
Sincerely,
C�(iyf�
Annette Cowen
2394- 2 West Pinehills Drive
Fayetteville, AR
Mailing address is P.O. Box 455, Dumas, AR 71639
Email — ascproperty@centurytel.net
Cell—870-866-6666
From: alfred iller <alair6 karnail.com>
Date: Sat, Dec 4, 2021 at 2:16 PM
Subject: Planning Commission Denial - Lewis Ford Rezoning Request
To: <planningkfUetteville-ar.gov>
City of Fayetteville Arkansas Planning commission
ATTN: Matthew Johnson, Chair
Dear Mr. Matthews,
As six -year residents of the Pines at Springwoods residential neighborhood, we greatly
appreciate your recent denial of the rezoning request of the Lewis Ford car dealership
regarding approximately 5.06 acres now zoned as a residential district to a commercial
district.
It is our understanding that Lewis Ford has appealed that denial decision by the
Planning Commission and their appeal is scheduled for review at your Commission
Meeting on December 7, 2021.
The Board of Administration of The Horizontal Property Regime of The Pines at
Springwoods has forwarded their position for sustaining the original denial of the Lewis
Ford Request. We fully support that position for all factors stated therein. A C2 zoning
would not be in our best interests and may adversely affect our property value. We urge
you to sustain denial of the Lewis Ford rezoning request.
Sincerely,
COL (Ret) Alfred J. Iller and Marguerite J. Iller
2287 W. Pinehills Dr., Apt 4
Fayetteville, AR 72704
Ph: 870-423-373(H); 870-423-07947
CityClerk
From: Eleanor Hill <ea.hill@live.com>
Sent: Friday, December 17, 2021 10:52 AM
To: Jonathan Curth; CityClerk
Subject: Fwd: Rezoning of Lewis ford
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.
Here is the letter from Higginbothams.
Eleanor A Hill
407-257-3808
2394-4 W Pinehills Dr
Fayettville, AR 72704
Begin forwarded message:
From: Donna Higginbotham <ddflowershigg@gmail.com>
Date: December 17, 2021 at 10:35:34 AM CST
To: Eleanor Hill <ea.hill@live.com>
Subject: Fwd: Rezoning of Lewis ford
---------- Forwarded message ---------
From: Donna Higginbotham <ddflowershigg@gmail.com>
Date: Sat, Dec 4, 2021 at 11:38 AM
Subject: Rezoning of Lewis ford
To: <planning@favetteville-ar.gov>
We are highly oppose to the zoning of Moore st and dean Solomon road to commercial. This will
undoubtedly effect our property value . The increase in traffic , obstructing the established pleasant
appearance of the area. The negative effect on the security of the areas. The added effect of the noise
from the interstate and additional effect on the pleasant residential nature of the planned investment
that we made with zoning which was in effect at our time of purchase. One can only imagine what other
changes would be in our area.
1
CityClerk
From: cmmcewan@mtaonline.net
Sent: Sunday, December 5, 2021 7:51 PM
To: Planning Shared
Subject: RE Lewis Ford appeal of zoning decision: please deny appeal
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.
As co -homeowners of a unit at 2356 West Pinehills Drive (The Pines at Springwoods), we were pleased to
learn of the Planning Commission's decision to deny the Lewis Ford car dealership zoning change request.
We understand that Lewis Ford has appealed this decision. Having reviewed the available documentation for
zoning requirements, we strongly encourage the Planning Commission to "stand fast" in their decision to deny
a zoning change from a residential district to a commercial district.
We are a small community with a number of elderly residents. It is important to maintain walkability and ease of
access to/from our homes. We fear that allowing "commercial" development would open the door to higher -
volume, higher -speed traffic in our immediate area.. Surely, there is another way for Lewis Ford to achieve
their business goals without affecting the reasons we all chose this serene area of Fayetteville for a home.
Thank you.
Curt and Celeste McEwan
cwMcEwan(cb-MTAonl ine. net
cmMcEwan(@MTAonline.net
Lisa McEwan
IrmJun192004(aD_yahoo.com
Received 12/18/21 1:12 PM
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* Eleanor Hill
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 4072573808
Email ea.hill@live.com
Meeting Body* City Council
Agenda Item 2021-0926 APPEAL RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear Council Members
I am writing to you to express my opposition to the Lewis Ford Zoning Appeal 2021-
0926 APPEAL RZN 2021-073.
I am a 7 year Co-owner in The Pines at Springwoods and support the initial vote to
deny the request for rezoning of the subject land to C2. Deane Solomon Road is
predominantly zoned some form of residential, agricultural, or neighborhood
services. We who purchased along Deane Solomon Rd. value the residential
neighborhood in which we reside. Added heavy traffic, commercial vehicles, and
large commercial activities will have a negative effect.
The prospect of large, car carrying transport vehicles using Deane Solomon for
trafficking a few yards from our homes, backlot car dealership operations, buildings,
and activities is daunting and undesirable.
We applaud and appreciate the support the Planning Commission and City Council
have shown, to date, in denying this potentially undesirable use of land - literally in
our back, side, and front yards. There are hundreds of homeowners and homes that
may suffer negative effects and reduced property values if C2 zoning and resulting
Commercial Thoroughfare is allowed.
We encourage all parties involved to seek zoning that is more beneficial to ALL and
that will preserve, as best possible, our residential neighborhood atmosphere and
property values.
I urge the City Council to continue to deny 2021-0926 APPEAL RZN 2021-073 in
favor of preservation of our residential neighborhoods.
Thank you!
Eleanor A Hill
2394-4 W Pinehills Dr
Fayetteville, AR 72704
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 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 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
Received 12/18/21 2:19 PM
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* Jack Brace De Vore, Ph.D.
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number (479) 521-4554
Email jdevore@uark.edu
Meeting Body* City Council
Agenda Item 2021-0926 appeal RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments My wife and live in The Pines at Springwoods which is a small residence of 44
dwellings. The majority of its residence are elderly and enjoy the subdue
comfortable environment with a bird sanctuary at its rear.
Why in Gods name would our city council allow another commercial endeavor (Ford
Motor Company) fill a now well established residential area in Fayetteville. Most of
us bought in the Pines because of it friendly and some what country surrounding.
Why would you take that away from those of us which purchased our homes as a
final living dwelling.
Jack and Pat De Vore
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 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 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
Received 12/18/21 4:44 PM
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* Randall Lynch
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number
Email
Meeting Body* City Council
Agenda Item 2021-0926 appeal rzn 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position
Comments I am opposed to the rezoning of Dean Solomon for a car dealership. It would be
detrimental to the residential nature of the neighborhood in which I reside.
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 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 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
Received 12/ 18/21 5:08 PM
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* Alfred J. Iller
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 870-423-7947
Email alair63@gmail.com
Meeting Body* City Council
Agenda Item 2021-0926 APPEAL RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments As resident of The Pines at Springwoods HPR, living at at 2287 W. Pinehills Dr. Apt.
4, Fayetteville, AR, I firmly support of the position of our Board of Administration
recent letter recommending denial of the rezoning appeal. The reasons for denial
are adequately stated in that in that letter, the request to rezone would not be in the
best interest of our neighborhood residents. It would, in all probability bring
unwanted additional commercial traffic to this area, especially along Deane Solomon
road a heavily populated residential area.
Thank you for your consideration.
Alfred J. Iller
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 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 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
Received 12/18/21 5:16 PM
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*
Address or Ward*
Suzanne Bullard
Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 276-492-3001
Email quiltfreak5@yaho.com
Meeting Body* City Council
Agenda Item 2021-0926 APPEAL RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments A quiet residential neighborhood is quickly becoming a commercial/industrial hub.
Directing commercial businesses to use of land outside the city limits would be more
compatible with preserving neighborhoods.
On Deane Solomon there are many residences, and a public park with bike trails
already open to the public and not conducive to heavy commercial traffic, which will
come with any C2 rezoning.
Based on this, I encourage the City Council to deny Lewis Ford's Zoning Appeal.
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 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 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
Received 12/18/21 7:56 PM
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* Kicia Brown
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number
Email
Meeting Body* City Council
Agenda Item 2021-0926 appeal RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Rezoning this property will put the neighborhoods in this area at risk for activity
which will diminish the quiet safe place that is represented now.
Heavier traffic .. other backlot car dealership and commercial building activity caters
to Highway travelers with this C2 zoning .. our quiet neighborhood which houses
many elderly will be in jeopardy of being a target for mischief and transients.
Thank you for your consideration and understanding for Fayetteville citizens who
just want a nice quiet place to live ...
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 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 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
Received 12/19/21 9:20 AM
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* Ronda Stewart
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 8176816434
Email rondacstewart@icloud.com
Meeting Body* City Council
Agenda Item 2021-0926
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments We reside in a lovely townhouse at 2367 W Wolf Run. A home we chose for it's
location among clusters of single family homes. Many of us are front facing to the
south, so lighting on car lots will change the value of our homes. There is no need to
place commercial property in our front yards. Increased traffic and commercial
lighting will single handedly reduce property values.
The Pines is one of very few retirement communities available in Fayetteville with
single level homes. Please decline the request for rezoning.
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 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 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
Received 12/20/21 3:51 PM
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* JAN SMITH
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 5012302424
Email jansmith1010@att.net
Meeting Body* City Council
Agenda Item 2021-0926 appeal RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position
Comments
Attachments
Opposed
Please deny the rezoning appeal by Lewis -Ford. I feel it is not in the best interest
of our residential neighborhood. Dean Solomon Road is not equipped to handle the
extra activity needed for this business.
Thank you.
public-proclamation.wiz
.PDF preferred
23.5KB
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 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
Received 12/20/21 4:15 PM
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*
Address or Ward*
John Van Brahana
Address
Ward
Locate Your Ward Number
Ward * Ward 4
Phone Number 4792315771
Email brahana@uark.edu
Meeting Body* City Council
Agenda Item 2021-0926 APPEAL RZN 2021-073
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments Dear Members of the Fayetteville City Council:
My wife, Rosemary Brahana, and I (John Van Brahana) are strongly opposed to the
request of Lewis Ford in their appeal of the original denial of their rezoning request
by the Fayetteville Planning Commission. This original request focused on property
at Moore Lane and Deane Solomon Road in the northwestern part of Fayetteville.
Not only do we feel that allowing the rezoning to category C2 would be detrimental
to all parties concerned (1. City of Fayetteville; 2. nearby residential neighborhoods
that rely on Deane Solomon for simple ingress and egress from their homes; and 3.
Lewis Ford itself), insofar as existing city infill plans include significant expansion of
residential neighborhoods and a city park on land that previously served as the
University of Arkansas Golf Course.
Essentially, a C2 zoning would facilitate bottlenecks of major traffic congestion on
Deane Solomon, a road that is narrow, has sections of limited visibility and is
bordered by minimal right-of-way and steep shoulders, a road that has large -truck
restrictions, and a road that carries traffic near the safe limit of current design.
Inasmuch as the traffic demands of a large auto facility, with huge 12-car transport
trucks, sales, service, and ancillary activities would have a detrimental impact on the
surrounding neighborhoods, and would be inconsistent with the long-term vision for
safety and quality -of -life for the city, we respectfully request denial of this rezoning
appeal.
Thank you for your thoughtful consideration of this matter.
Sincerely yours,
Dr. and Mrs. John Van Brahana
2320-2 Pinehills Drive
Fayetteville, Arkansas 72704
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 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 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
Nmocrat 16 Oazc&
P.G 2CX 1607,: AYETTE`OLLE, AR 72702. 479.442-1700 - FAX 479.695-11'8 • l ViW.hWADG Cot.
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6513
Was inserted in the Regular Edition on:
December 26, 2021
Publication Charges: $98.80
Brittany —Smith
any Smith
Subscribed and sworn to before me Cathy Wiles
This 2l day of ��, 2021. Benton COUNTY
NOTARY PUBLIC -- ARKANSAS
L�
"--
My Commission Expires 02-20-2024 Commission No, 12397118
Notary Public
My Commission Expires: Z /� I
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6513
File Number: 2021.0926
APPEAL RZN 2021-073 (2434 N.
DEANE SOLOMON RD./LEWIS
BROS. LEASING):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-073
LOCATED AT 2434 NORTH DEANE
SOLOMON ROAD FOR
APPROXIMATELY 5.06 ACRES
FROM RMF-24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER
ACRE TO C-2, THOROUGHFARE
COMMERCIAL SUBJECT TO A BILL
OF ASSURANCE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from RMF-
24, Residential Multi Family, 24 Units
Per Acre to C-2, Thoroughfare
Commercial subject to a Bill of
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
12/21/2021
Page I Printed on I=I
Ordinance: 6513
File Number. 2021-0926
Approved:
Lioneld Jordan, Mayor
Attest:
kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer o!
the City of Fayetteville, Arkansas.
Amount paid: $98.80 75502694
12/26/21