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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 ! 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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. 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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