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2022-04-19 - Agendas - Archive
Council Member Sonia Harvey Ward 1 Position 1 Council Member D'Andre Jones Ward 1 Position 2 Council Member Mark Kinion Ward 2 Position 1 Council Member Mike Wiederkehr Ward 2 Position 2 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City of Fayetteville Arkansas City Council Meeting April 19, 2022 Council Member Sloan Scroggin Ward 3 Position 1 Council Member Sarah Bunch Ward 3 Position 2 Council Member Teresa Turk Ward 4 Position 1 Council Member Holly Hertzberg Ward 4 Position 2 A meeting of the Fayetteville City Council was held on April 19, 2022 at 5:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Mayor Jordan called the meeting to order. Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions: None City Council Meeting Presentations, Reports, and Discussion Items: Monthly Financial Report Agenda Additions: A. Consent: 1. 2022-0297 RFQ #22-01, Selection #2 McClelland Consulting Engineers, Inc. And GTS, Inc.: A resolution to award RFQ #22-01 selection #2 and authorize the purchase of on -call materials testing services from McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. based on price and availability as needed through April 30, 2023. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 84-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2022-0298 RFQ #22-01, Selection #3 MClelland Consulting Engineers, Inc. And Olsson Associates, Inc.: A resolution to award RFQ #22-01 selection #3 and authorize the purchase of on -call surveying services from McClelland Consulting Engineers, Inc. and Olsson, Inc. based on rates provided and availability as needed through April 30, 2023. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 85-22. 3. 2022-0291 BKD, LLP: A resolution to authorize Mayor Jordan to sign an engagement letter with BKD, LLP and pay an amount not to exceed $117,320.00 for auditing services for the 2021 audit. PASSED AND SHALL BE RECORDED AS RESOLUTION NO.86-22. 4. 2022-0181 Amend Resolution 33-22: A resolution to amend resolution 33-22 by reducing the amount of reappropriations to the 2022 budget by $9,279,035.00, and to approve a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 87-22. B. Unfinished Business: 1. 2022-0184 RZN-2022-003 (2235 W. Wedington Dr./Pagliani): An ordinance to rezone that property described in rezoning petition RZN 22-003 located at 2235 West Wedington Drive for approximately 0.43 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre. At the March 15th, 2022 City Council meeting this item was left on the First Reading. At the April 5th, 2022 City Council meeting this item was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6554. 2. 2022-0190 RZN-2021-093 (1101 N. Woolsey Ave./WRMC): An ordinance to rezone that property described in rezoning petition RZN 21-093 located at 1101 North Woolsey Avenue for approximately 0.75 acres from RSF-4, Residential Single Family, 4 units per acre to NS-G, Neighborhood Services -General. At the March 15, 2022 City Council meeting this item was left on the First Reading. At the April 5th, 2022 City Council meeting this item was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6555. 3. 2022-0255 RZN-2022-008 (608 S. Ray Ave./Siemek): An ordinance to rezone that property described in rezoning petition RZN 22-008 located at 608 South Ray Avenue in Ward 1 for approximately 0.47 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov Family, 8 units per acre. At the April Sth, 2022 City Council meeting this item was left on the Second Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6556. 4. 2022-0182 RZN-2022-006 (3493 N. Hwy 112/Biotech Pharmacal): An ordinance to rezone that property described in rezoning petition RZN 22-006 located south of West Highway 112 for approximately 65.90 acres from R-A, Residential Agricultural; RSF-8 Residential Single Family, 8 units per acre; and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General; CS, Community Services; UT, Urban Thoroughfare; and I-1, Heavy Commercial and Light Industrial. At the April 5th, 2022 City Council meeting this item was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6557. 5. 2022-0252 RZN-2022-011 (3220 W. Old Farmington Rd./Stricklin): An ordinance to rezone that property described in rezoning petition RZN 22-011 located at 3220 West Old Farmington Road in Ward 1 for approximately 20.40 acres from RSF-8, Residential Single family, 8 units per acre to NC, Neighborhood Conservation. At the April Sth, 2022 City Council meeting this item was left on the First Reading. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6558. 6. 2022-0260 Appeal of. ADM-2022-001 (509 W. Prairie St./Prairie Street Live): A resolution to grant the appeal of Council Members Sonia Harvey, D'Andre Jones, and Mark Kinion and approve an amendment to Conditional Use Permit CUP 19-6721 for Prairie Street Live located at 509 West Prairie Street. At the April S, 2022 City Council meeting this item was Tabled to the April 19, 2022 City Council meeting. THIS AGENDA ITEM WAS AMMENDED BUT NOT PASSED. THIS AGENDA ITEM WILL BE ON THE MAY 3, 2022 CITY COUNCIL MEETING. C. New Business: 1. 2022-0242 Bid #22-35 Razorback Road Construction: A resolution to award bid #22-35 and authorize a contract with Flintco, LLC in the amount of $2,398,991.26 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $100,000.00, and to approve a budget adjustment to recognize revenue in the amount of $1,372,516.00 from the University Of Arkansas and $334,055.00 in federal -aid funding and to move $792,421.00 from the W&S impact fee funds to the project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 88-22. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov 2. 2022-0306 RZN-2022-012 (1893 & 1909 N. Stephen Carr Blvd./Eubanks): An ordinance to rezone that property described in rezoning petition RZN 22-012 located at 1893 and 1909 North Stephen Carr Boulevard in Ward 2 for approximately 3.5 acres from R-A, Residential Agricultural to CS, Community Services. This Item Was Left on A First Reading at the 4/19/22 Council Meeting. 3. 2022-0305 RZN-2022-013 (NE of S. School Ave. & W. 22nd St./Graham House, LLC.): An ordinance to rezone that property described in rezoning petition RZN 22-013 located Northeast of South School Avenue and West 22nd Street in Ward 1 for approximately 1.35 acres from C-2, Thoroughfare Commercial to CS, Community Services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6559. 4. 2022-0253 VAC-2022-005 (West Foxglove Dr./Adventure Subaru): An ordinance to approve VAC 22- 005 for property located at West Foxglove Drive in Ward 2 to vacate a portion of a general access and utility easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 6560. 5. 2022-0301 VAC-2022-008 (NW of 481 S. School Avenue/Mill District LLC): An ordinance to approve VAC 22-008 for property located Northwest of 481 South School Avenue in Ward 2 to vacate a portion of an access and parking easement. PASSED AND SHALL BE RECORDED AS ORDINANCE NO.6561. 6. 2022-0310 American Rescue Plan Act Funds: A resolution to authorize the approval to elect the standard allowance of $10,000,000.00 in revenue losses due to the Public Health Emergency created by the Covid-19 Pandemic from the previously awarded American Rescue Plan Act Funds. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 89-22 Announcements: City Council Agenda Session Presentations: Adjournment: 9:23 PM. 113 West Mountain Fayetteville, AR 72701 (479) 575-8323 www.fayefteville-ar.gov City Council Meeting: April 19, 2022 Adjourn: 84-22 Res. I g2WAA 16554 Ord. Subject: Roll Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) --------------�` Bunch (W3P2) Turk (W4P1) 0�1Hertzberg .(W4P2) a,,,,Harvey �'V1P1) Mayor Jordan 19440" 1 Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (WiPI) Mayor Jordan City Council Meeting: April 19, 2022 Subject: Consent Motion To: Motion By: Seconded: A.1 Jones A. 2 (W 1 P2) A.3 Kinion / ✓ A.4 (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg / (W4P2) ✓ Harvey (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-003 (2235 W. WEDINGTON DR./PAGL.IANI): 2022-0184 Motion To: 3 � "' Wt Motion By: Seconded: Jones / Unfinished (W1P2) lUnion Business (W2P1P1) Wiederkehr ✓ B.1 (W2P2) Scroggin ✓ (W3P1) Bunch 1VOII (W3P2) Jr�i/t/l. ( W4P1) Hertzberg (W4P2) Harvey ✓ �/ (W1P1) Mayor Jordan ------- Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kin ion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2021-093 (1101 N. WOOLSEY AVE./WRMC): 2022-0190 Motion To: Motion By: Vald Seconded: .----� Jones /' Unfinished (W1P2) Kinion Business (W2P1) ✓ �/ Wiederkehr / / B.2 (W2P2) V/ J Scroggin j / (W3P1) ✓ V Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey / ✓ (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-008 (608 S. RAY AVE./SIEMEK): 2022-0255 Motion To: Motion By: Seconded: Unfinished Jones (W1P2) Kinion Business (W2P1) Wiederkehr / ✓ B.3 (W2P2) Scroggin / (W3P1) V Bunch (V 3P2) V Turk / ✓ ✓ (W4P1) Hertzberg (W4P2) Harvey ✓ ✓ (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-006 (3493 N. HWY 112BIOTECH PHARMACAL): 2022-0182 Motion To: Motion By: Seconded: Unfinished Jones (W1P2) IV Business Kinion (W2P1) B.4 Wiederkehr (W2P2) ✓ Scroggin (W3P1) / V Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) ✓ / ✓ Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): 2022-0252 Motion To: Motion By: Seconded: Unfinished Jones (W1P2) ✓ Kinion (W2P1) Business Wiederkehr (W2P2) B.5 Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) V Hertzberg (W4P2) ✓ f Harvey (W1P1) ✓ Mayor Jordan ------ - `b -o Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): 2022-0260 Motion To: Motion By: Seconded: Unfinished Jones (W1P2) Kinion Business (W2P1) ✓ Wiederkehr B.6 (W2P2) Scroggin (W3P1) Bunch (W3P2) / ✓ Turk (W4P1) Hertzberg (W4P2) Harvey / (W1P1) ✓ Mayor Jordan 5- 3 f""t>� Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1 PI) Mayor Jordan adic 'th An Open Letter to Fayetteville About Prairie Street Live My right to the use and enjoyment of my home should prevail over the rights of others to listen to, or profit from, loud music. This is a conflict that did not have to be, and does not have to continue. The owner of Prairie Street Live could have constructed her amphitheater so that loud music was amplified away from the homes of her neighbors. Perhaps she decided this was not technically or financially feasible. But any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. The owner of Prairie Street Live could have designed the outdoor space for her amphitheater so that the amplification of loud music could be contained. She still could. Perhaps amplification speakers could be repositioned and redirected. Perhaps sound barriers could be placed along the east edge of her property that borders the Frisco Trail. Again, perhaps she has decided this is not technically or financially feasible. But, again, any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. The owner of Prairie Street Live could discontinue booking Rock, Country, or Blues, etc. type music that is heavily amplified — especially the base. This is music you not only hear, you feel the vibrations. It is not like the sound of traffic, or the train rolling by and sounding its whistle. It is a continuous, throbbing, beat of sound. You cannot enjoy reading a book, or watching television, or listening to music of your own choosing, or having a visit with a friend, or sleeping, or contemplating the wonders of life, when you are under continuous assault from this kind of music. And, should you be sick and need rest and quiet, you cannot get it in your own home. I have been to rock, and country, and blues concerts. I like such things on occasion. I do not like them in my backyard. I like to go to them and then return to the sanctuary of my home. I expect most others feel the same. The owner of Prairie Street Live could book musical acts that are not heavily amplified. This is music that would not deprive me of the use and enjoyment of my home. Perhaps the owner of Prairie Street Live has determined this is not financially feasible. But, again, any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. I live in the Mill District and I do my best to be a good neighbor and a good member of the community of which I am a part, I want my neighbors who do business here to do the same. Sincerely yours, Charlie Masner City Council Meeting: April 19, 2022 Subject: BID #22-35 RAZORBACK ROAD CONSTRUCTION: 2022-0242 Motion To: Motion By: ' Seconded: New Jones (WIP2) f Kin ion Business (W2P1) ✓ Wiederkehr C.1 (W2P2) Scroggin (W3P1) Bunch / (W3P2) ✓ Turk / (W4P1) ✓ Hertzberg (W4P2) ✓ Harvey (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): 2022-0306 Motion To: Motion By: Seconded: Jones New (W 1 P2) Kinion Business (W2P1) Wiederkehr C.2 (W2P2) Scroggin L Bunch �1�/ (W3P2) Turk i L (W4P1) �-J Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC.):2022-0305 Motion To: Motion By: Seconded: 4- ZVI New Jones (W1P2) Business Kinion (W2P1P1) ✓ !J C.3 Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Ab- Turk (W4P1) ✓ ✓ Hertzberg (W4P2) ✓ ✓ V Harvey (W1P1) ✓ Mayor Jordan 'y -O 7 -U '� — O Id&"X'e;t Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: VAC-2022-005 (WEST FOXGLOVE DRJADVENTURE SUBARU): 2022-0253 Motion To: �#xol� Motion By: Seconded: r New Jones (W 1 P2) ✓ Kinion / / Business (W2P1) �/ V Wiederkehr ✓ ✓ ✓ CA (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk / ✓ (W4P1) V Hertzberg ✓ ✓ (W4P2) Harvey ✓ �/ (W1P1) Mayor Jordan a � 11=1 11 Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: VAC-2022-008 (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC): 2022 0301 Motion To: AJ Motion By: Seconded: New Jones (W 1 P2) ✓ ✓ Kinion (W2P1) ✓ Business f C.5 Wiederkehr (W2P2) ✓ V �/ Scroggin (W3P1) �/ ✓ Bunch (W3P2) Turk (W4P1) � �/j / Hertzberg (W4P2) / ✓ V Harvey (W1P1) ✓ Mayor Jordan �— Subject: Motion To: Motion By: Seconded: Jones (W 1 P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City Council Meeting: April 19, 2022 Subject: AMERICAN RESCUE PLAN ACT FUNDS: 2022-0310 Motion To: i Motion By: Seconded: New Jones (W1P2) Business Kinion (W2P1) / ✓ C.6 Wiederkehr (W2P2) / ✓ Scroggin (W3P1) ✓ Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan Subject: Motion To: Motion By: Seconded: Jones (W1P2) Kinion (W2P1) Wiederkehr (W2P2) Scroggin (W3P1) Bunch (W3P2) Turk (W4P1) Hertzberg (W4P2) Harvey (W1P1) Mayor Jordan City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 12, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Agenda Session Tentative Agenda April 12, 2022 Zoom information: City Council Agenda Session 4-12-22 at 4:30 PM Webinar 11): 827 1022 9384 Public Registration Link: https://us06web.zoom.us/webinar/register/WN-t6lMK9URx6.)89BX6Irv3g Call To Order Roll Call fPledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Proposed Agenda Additions A. Consent: A.1 2021-1048 APPROVAL OF THE APRIL 5. 2022 CITY COUNCIL MEETING MINUTES r A.2 2022-0297 RFQ #22-01, SELECTION #2 MCCLELLAND CONSULTING ENGINEERS, INC. AND GTS, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 City of Fayetteville, Arkansas Page 2 Printed on 41712022 City Council Agenda Session Tentative Agenda April 12, 2022 A.3 2022-0298 RFQ #22-01, SELECTION #3 MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON ASSOCIATES, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #3 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 A.4 2022-0242 AAOL)e ._o PLACEHOLDER: BID #22-35 RAZORBACK ROAD CONSTRUCTION: A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH GENERAL CONTRACTOR, INC. IN THE AMOUNT OF $X,000,000.00 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $X00,000 AND TO APPROVE OF A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,400,000 FROM THE UNIVERSITY OF ARKANSAS AND $334,055 IN FEDERAL -AID FUNDING AND TO MOVE $500,000 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT. JA. 5 2022-0291 BKD, LLP: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD, LLP AND PAY AN AMOUNT NOT TO EXCEED $117,320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT JA.6 2022-0181 AMEND RESOLUTION 33-22: A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRIATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT B. Unfinished Business: City of Fayetteville, Arkansas Page 3 Printed on 41712022 City Council Agenda Session Tentative Agenda April 12, 2022 /B.1 2022-0184 RZN-2022-003 (2235 W. WEDINGTON DR./PAGLIANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE At the March 15th, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. /B. 2 2022-0190 RZN-2021-093 (1101 N. WOOLSEY AVE./WRMC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL At the March 15, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. B.3 2022-0255 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD I FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the April 5, 2022 City Council meeting this item was left on the Second Reading. City of Fayetteville, Arkansas Page 4 Printed on 41712022 City Council Agenda Session Tentative Agenda April 12, 2022 VB-4 2022-0182 RZN-2022-006 (3493 N. HWY 112/BIOTECH PHARMACAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G. NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL / At the April 5, 2022 City Council meeting this item was left on the First Reading. / B.5 2022-0252 RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-01 1 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD I FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION At the April 5, 2022 City Council meeting this item was left on the First Reading. B.6 2022-0260 APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET At the April 5, 2022 City Council meeting this item was Tabled to the April 19, 2022 City Council meeting. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 4/7/2022 City Council Agenda Session Tentative Agenda April 12, 2022 C.1 2022-0306 RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-012 LOCATED AT 1893 AND 1909 NORTH STEPHEN CARR BOULEVARD IN WARD 2 FOR APPROXIMATELY' .5 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES J C.2 2022-0305 RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD I FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES IC-3 2022-0253 VAC-2022-005 (WEST FOXGLOVE DR./ADVENTURE SUBARU): AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT /C. 2022-0301 VAC-2022-008 (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC): AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT City of Fayetteville, Arkansas Page 0 Printed on 41712022 City Council Agenda Session Tentative Agenda April 12, 2022 C.5 2022-0310 AMERICAN RESCUE PLAN ACT FUNDS: A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS D. City Council Agenda Session Presentations: D.1 2022-0263 AGENDA SESSION PRESENTATION - PARKING EQUIPMENT UPDATE, JUSTIN CLAY E. City Council Tour: F. Announcements: �G/- (� 00 P/0 G. Adjournment 111 )an/ �'t City of Fayetteville, Arkansas Page 7 Printed on 41712022 0 ilq City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 12, 2022 4:30 PM City Hall Room 219 Citv Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Kara Paxton City Council Agenda Session Tentative Agenda April 12, 2022 Zoom information: City Council Agenda Session 4-12-22 at 4:30 PM Webinar ID: 827 1022 9384 Public Registration Link: https://us06web.zoom.us/webinar/register[WN_-t6l MK9URx6J89BX6Irv3g Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Proposed Agenda Additions /A. Consent: /A. 1 2021-1048 APPROVAL OF THEAPPRIL 5, 2022 CITY COUNCIL MEETING MINUTES 2022-0307 MAKEIG COURT WATER DAMAGE CLAIMS: A RESOLUTION TO APPROVE A BUDGET ADJUSTMENT IN THE AMOUNT OF $250,000.00 TO COVER THE MAKEIG COURT WATER LEAK DAMAGE CLAIMS AS WELL AS ANY ADDITIONAL CLAIMS THAT MAY ARISE IN 2022 Tim Nyander City of Fayetteville, Arkansas Page 2 Printed on 4/612022 City Council Agenda Session Tentative Agenda April 12, 2022 /A. 3 2022-0297 RFQ #22-01, SELECTION #2 MCCLELLAND CONSULTING ENGINEERS, INC. AND GTS, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC.. OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 hris Brown A.4 2022-0298 RFQ #22-01, SELECTION #3 MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON ASSOCIATES, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #3 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 ris Brown A.5 2022-0242 PLACEHOLDER: BID #22-35 RAZORBACK ROAD CONSTRUCTION: A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH GENERAL CONTRACTOR, INC. IN THE AMOUNT OF $X,000,000.00 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $X00,000 AND TO APPROVE OF A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,400,000 FROM THE UNIVERSITY OF ARKANSAS AND $334,055 IN FEDERAL -AID FUNDING AND TO MOVE $500,000 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT. Chris Brown City of Fayetteville, Arkansas Page 3 Printed on 4/612022 City Council Agenda Session Tentative Agenda April 12, 2022 /A. 6 2022-0291 BKD, LLP: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD. LLP AND PAY AN AMOUNT NOT TO EXCEED $1 17.320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT Paul Becker ���/� �• A.7 2022-0310 �— ��F o � AMERICAN RESCUE PLAN ACT FUNDS: A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS Paul Becker A.8 2022-0181 AMEND RESOLUTION 33-22: A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRIATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT Paul Becker REINDL PROPERTIES, INC.: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN A LETTER OF INTENT WITH REINDL PROPERTIES, INC. FOR THE CONSTRUCTION OF A MIXED -USE BUILDING IN THE RAMBLE CIVIC PLAZA Peter Nierengarten B. Unfinished Business: City of Fayetteville, Arkansas Page 4 Printed on 41612022 i City Council Agenda Session Tentative Agenda April 12, 2022 /B. 1 2022-0184' aoag- RZN-2022-003 (2235 W. WEDINGTON DR./PAGLIANI): 3I l� l AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE. 12 UNITS PER ACRE Jonathan Curth At the March 15th, 2022 City Council meeting this item was left on the First Reading. / At the April 5, 2022 City Council meeting this item was left on the Second Reading. ✓ B.2 2022-0190 RZN-2021-093 (1101 N. WOOLSEV AVE./WRMC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING I I PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL Jonathan Curth At the March 15, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. /B.3 2022-0255 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD l FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE (� Jonathan Curth At the April 5, 2022 City Council meeting this item was left on the Second Reading. City of Fayetteville, Arkansas Page 5 Printed on 41W022 City Council Agenda Session Tentative Agenda April 12, 2022 ✓B.4 2022-0182 RZN-2022-006 (3493 N. HWY 112/BIOTECH PHARMACAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL: RSF-8 l "l RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND I-1, HEAVY COMMERCIAL ` AND LIGHT INDUSTRIAL TO NS-G. NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL Jonathan Curth At the April 5, 2022 City Council meeting this item was left on the First Reading. B.5 2022-0252 07 RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): V AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-01 1 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD Vl 1 FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION Jonathan Curth At the April 5, 2022 City Council meeting this item was left on the First Reading. JB. 6 2022-0260 APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY.%�Q D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO f 1 CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET Jonathan Curth At the April 5, 2022 City Council meeting this item was Tabled to the April 19, 2022 City Council meeting. C. New Business: City of Fayetteville, Arkansas Page 6 Printed on 4/6/2022 City Council Agenda Session Tentative Agenda April 12, 2022 yC.1 2022-0306 RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-012 LOCATED AT 1893 AND 1909 NORTH STEPHEN CARR BOULEVARD IN WARD 2 FOR APPROXIMATELY 3.5 ACRES FROM R-A. RESIDENTIAL AGRICULTURAL TO CS. COMMUNITY SERVICES Jonathan Curth C.2 2022-0305 RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD I FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES Jonathan Curth JC.3 2022-0253 VAC-2022-005 (WEST FOXGLOVE DR./ADVENTURE SUBARU): AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT Jonathan Curth CA 2022-0301 VAC-2022-008 (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC): AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT Jonathan Curth ` -� C,.� aoaa�o3►C) City of Fayetteville, Arkansas Page 7 Printed on 4/8/2022 City Council Agenda Session Tentative Agenda April 12, 2022 D. City Council Agenda Session Presentations: D.1 2022-0263 AGENDA SESSION PRESENTATION - PARKING EQUIPMENT UPDATE. JUSTIN CLAY Justin Clav E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 8 Printed on 4/8/2022 Ll� DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams City Attorney Blake Pennington TO: Mayor Jordan Assistant City Attorney Lodi Batker THRU: Kara Paxton, City Clerk Paralegal FROM: Kit Williams, City Attorney DATE: April 20, 2022 RE: Ordinances and Resolutions prepared by the City Attorney's Office and passed at the City Council meeting of April 19, 2022 1. A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 2. A RESOLUTION TO AWARD RFQ #22-01 SELECTION 46 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 3. A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD, LLP AND PAY AN AMOUNT NOT TO EXCEED $117,320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT 4. A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRLATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT 5. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY .43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN, SUBJECT TO A BILL OF ASSURANCE 6. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL 7. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD 1 FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 8. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 9. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-011 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 10. A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET 11. A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH FLINTCO, LLC IN THE AMOUNT OF $2,398,991.26 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,372,516.00 FROM THE UNIVERSITY OF ARKANSAS AND $334,055.00 IN FEDERAL -AID FUNDING AND TO MOVE $792,421.00 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT 12. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD 1 FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 13. AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT 14. AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT 15. A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS adic 'th An Open Letter to Fayetteville About Prairie Street Live My right to the use and enjoyment of my home should prevail over the rights of others to listen to, or profit from, loud music. This is a conflict that did not have to be, and does not have to continue. The owner of Prairie Street Live could have constructed her amphitheater so that loud music was amplified away from the homes of her neighbors. Perhaps she decided this was not technically or financially feasible. But any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. The owner of Prairie Street Live could have designed the outdoor space for her amphitheater so that the amplification of loud music could be contained. She still could. Perhaps amplification speakers could be repositioned and redirected. Perhaps sound barriers could be placed along the east edge of her property that borders the Frisco Trail. Again, perhaps she has decided this is not technically or financially feasible. But, again, any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. The owner of Prairie Street Live could discontinue booking Rock, Country, or Blues, etc. type music that is heavily amplified — especially the base. This is music you not only hear, you feel the vibrations. It is not like the sound of traffic, or the train rolling by and sounding its whistle. It is a continuous, throbbing, beat of sound. You cannot enjoy reading a book, or watching television, or listening to music of your own choosing, or having a visit with a friend, or sleeping, or contemplating the wonders of life, when you are under continuous assault from this kind of music. And, should you be sick and need rest and quiet, you cannot get it in your own home. I have been to rock, and country, and blues concerts. I like such things on occasion. I do not like them in my backyard. I like to go to them and then return to the sanctuary of my home. I expect most others feel the same. The owner of Prairie Street Live could book musical acts that are not heavily amplified. This is music that would not deprive me of the use and enjoyment of my home. Perhaps the owner of Prairie Street Live has determined this is not financially feasible. But, again, any benefit to her, or others, of her decision, should not come at the expense of a burden upon her neighbors. I live in the Mill District and I do my best to be a good neighbor and a good member of the community of which I am a part, I want my neighbors who do business here to do the same. Sincerely yours, Charlie Masner The Environmental Action Committee learned last night that the City Council would consider tonight—decoupling 10 million dollars of ARPA funding from the existing federal regulations. Since water quality was built into this federal funding from the outset we are concerned that funds for water quality may be at risk if the City decides to decouple from the federal regulations. Thirteen months ago this body pledged in a unanimous vote to clean up Lake Fayetteville to swimmable quality within ten years. An engineering firm, Olson, was chosen to begin that work last June. Unfortunately funds have not yet been allocated by the Council to begin progress toward this pledged intent. Step one is to contract with Olson to do a study outlining what needs to be done at the Lake and in the watershed and what that will cost. The City needs to allocate $202,000 for that study. The Environmental Action Committee wants to remind the Council of the vital importance of water quality to the health of the city's residents and to the importance, economically, of having clean water in our parks and recreation areas. It is crucial to get this first step moving forward. We are already 13 months in to our ten year goal. To that end, the Environmental Action Committee recommends that the Council uses tonight's meeting to thoroughly investigate the pros and cons of ARPA fund decoupling and then returns at a later date perhaps April 27 or 281h to make this crucial decision. We rarely have the kind of opportunity afforded by the ARPA funds to improve the water quality of Lake Fayetteville and it's downstream waterways —including the Illinois River, the Arkansas River, and the Gulf of Mexico. Let's not rush this decision. Received 4/ 18/22 5:19 PM t to obtain approval of a request for a zoning reclassification, 0 r of this property, (hereinafter "Petitioner") Pablo hereby voluntarily offers this Bill of Assurance g agreement and contract with the City of Fayetteville,, ine recir�oner expressly grants to the City ot 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 Petiti any t relief BILL OF ASSURANCE FOR THE CITY 11DF F (E TE ILLE, A111111tKANSAS In order to attemp the owner, developer, or buye PaIvZhani and Lsai and enters into this bindin Arkansas. �.0 Doer or Petitioner"'s heirs, assigns, or successors violate erm of this 13ill of Assurance, substantial irreparable damage justifying injunctive has been done to the citizens and City of Fayetteville, Arkansas,, The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville Ci")r .0' Council will reasonable rely on a uPll of the terms 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 N A . 2. Other restrictions including number and type of structures upon the ropertN" are limited to We would limit the density to build a maximum of (2) duplex structures for a total of four dwell inunits on the 2ropertV, 3. Specific activities will not be allowed upon petitioner's property include N/A . 4. (Any other terms or conditions) residents . Each unit will be limited to a max of (3) unrelated 5. Pe titioner specifically agrees that all such restrictions and terms shall run with the land and bind al] future owners unless and until specifically relea sed by ordinance of t 1i C Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office along with Petitioner's rezoning ordinance and shall be noted on any flat, Large Scale Development, Large Site or Small Site Itnproveinent Plan, or other development authorization which includes some or all of Petitioner's property that is subject to the rezoning ordinance and this Bill of Assurance. IN WITNESS WHEREOF and in agreemen stated Pa�,riiani (Petitioner) voluntarily offer all such assurances and above, op . .0 lfflwo:ill } Printed Name AsA aa�l�avi,i v Printed Name sognature k, Signature Address N if 15-aaaa 110� N Pablo t with all the t PaQliani erms and conditions and Lisa as the owner, developer or buyer sign my name below. n a 18 n�a�pfir e APttn �a�l NOTARY OATH STATE OF ARKANSAS I COUNTY OF WASHINGTON I And now on this the -ISday swore or a firmed of Apci appeared before me, a Notary Public, and after being placed upon his/her oath that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. TARY PU13LIC Commission Expires: DOSE AGUILAR Notary Public -Arkansas Washington County Commission # 12712365 My Commission Expires Oct 14. 2030 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Final Agenda Tuesday, April 19, 2022 5:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Meeting Final Agenda April 19, 2022 Zoom Information: 4-19-22 City Council Meeting Webinar ID: 818 4889 5709 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_w9xNGhaiRZgR9bxCPNXaIA Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items Proposed Agenda Additions A. Consent A.1 2022-0297 RFQ #22-01, SELECTION #2 MCCLELLAND CONSULTING ENGINEERS, INC. AND GTS, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 A.2 2022-0298 RFQ #22-01, SELECTION #3 MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON ASSOCIATES, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #3 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 City of Fayetteville, Arkansas Page 2 Printed on 4/15/2022 City Council Meeting A.3 2022-0291 BKD, LLP: A.4 Final Agenda April 19, 2022 A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD, LLP AND PAY AN AMOUNT NOT TO EXCEED $117,320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT 2022-0181 AMEND RESOLUTION 33-22: A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRIATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT B. Unfinished Business B.1 B.2 2022-0184 RZN-2022-003 (2235 W. WEDINGTON DR./PAGLIANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE At the March 15th, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. 2022-0190 RZN-2021-093 (1101 N. WOOLSEY AVE./WRMC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL At the March 15, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. City of Fayetteville, Arkansas Page 3 Printed on 4/15/2022 City Council Meeting Final Agenda April 19, 2022 B.3 2022-0255 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD 1 FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the April 5, 2022 City Council meeting this item was left on the Second Reading. B.4 2022-0182 RZN-2022-006 (3493 N. HWY 112/11I0TECH PHARMACAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL At the April 5, 2022 City Council meeting this item was left on the First Reading. B.5 2022-0252 RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-011 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION At the April 5, 2022 City Council meeting this item was left on the First Reading. City of Fayetteville, Arkansas Page 4 Printed on 4/15/2022 City Council Meeting Final Agenda April 19, 2022 B.6 2022-0260 APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET At the April 5, 2022 City Council meeting this item was Tabled to the April 19, 2022 City Council meeting. C. New Business C.1 2022-0242 BID #22-35 RAZORBACK ROAD CONSTRUCTION: A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH FLINTCO, LLC IN THE AMOUNT OF $2,398,991.26 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $100,000.00, AND TO APPROVE A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,372,516.00 FROM THE UNIVERSITY OF ARKANSAS AND $334,055.00 IN FEDERAL -AID FUNDING AND TO MOVE $792,421.00 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT C.2 2022-0306 RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-012 LOCATED AT 1893 AND 1909 NORTH STEPHEN CARR BOULEVARD IN WARD 2 FOR APPROXIMATELY 3.5 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES City of Fayetteville, Arkansas Page 5 Printed on 4/15/2022 City Council Meeting Final Agenda April 19, 2022 C.3 CA C.5 C.6 2022-0305 RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD 1 FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 2022-0253 VAC-2022-005 (WEST FOXGLOVE DRJADVENTURE SUBARU): AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT 2022-0301 VAC-2022-008 (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC): AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT 2022-0310 AMERICAN RESCUE PLAN ACT FUNDS: A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS D. City Council Agenda Session Presentations City of Fayetteville, Arkansas Page 6 Printed on 4/15/2022 City Council Meeting Final Agenda April 19, 2022 D.1 2022-0263 AGENDA SESSION PRESENTATION - PARKING EQUIPMENT UPDATE, JUSTIN CLAY E. City Council Tour: Pagliani Rezoning Time: 4:00 PM Address: 2235 W. Wedington Dr. Parking: On -site with overflow along Ora St. to the south Request: Rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RI-U, Residential Intermediate -Urban, subject to a bill of assurance limiting development to two duplexes and a maximum of four units. F. Announcements G. Adjournment NOTICE TO MEMBERS OF THE AUDIENCE City of Fayetteville, Arkansas Page 7 Printed on 411512022 City Council Meeting Final Agenda April 19, 2022 All interested persons may appear and address the City Council on Unfinished Business, New Business, and Public Hearings at City Council meetings. If you wish to address the City Council on an agenda item, please wait for the Mayor or Chair to request public comment. When the Mayor or Chair recognizes you, please start your public comment by giving your name and address. Comments are to be addressed to the Mayor or Chair. The Mayor or Chair will direct your comments to the appropriate elected officials, staff, or others for response. Keep your comments respectful, brief, to the point, and relevant to the agenda item being considered. Each speaker from the public will be allowed one turn to speak for discussion of an agenda item. Below is a portion of the Rules of Order and Procedure of the Fayetteville City Council pertaining to City Council meetings: Agenda Additions: A new item which is requested to be added to the agenda at a City Council meeting should only be considered if it requires immediate City Council consideration and if the normal agenda setting process is not practical. The City Council may only place such new item on the City Council meeting's agenda by suspending the rules by two-thirds vote. Such agenda addition shall be heard prior to the Consent Agenda. Consent Agenda: Consent Agenda items shall be read by the Mayor and voted upon as a group without discussion by the City Council. If a Council Member wishes to comment upon or discuss a Consent Agenda item that item shall be removed and considered immediately after the Consent Agenda has been voted upon. Unfinished Business and New Business: Overview Period: Agenda items at a City Council meeting shall be introduced by the Mayor and, if an ordinance, read by the City Attorney. City staff shall then present a report. An agenda applicant (city contractor, rezoning or development applicant, etc.) may present its proposal only during this presentation period, but may be recalled by a Council Member later to answer questions. City staff, Council Members and applicants may use electronic visual aids in the City Council meeting as part of the presentation of the agenda item. City staff s presentation and an Applicant's presentation whether presented by one or more than one presenter shall each be limited to a maximum of ten (10) minutes unless the City Council by unanimous consent or majority vote allows additional time. 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 City of Fayetteville, Arkansas Page 8 Printed on 411512022 City Council Meeting Final Agenda April 19, 2022 leave the podium. Interpreters or Telecommunications Devise for the Deaf (TDD), for hearing impaired are available for all City Council meetings, a 72-hour advance notice is required. For further information or to request an interpreter, please call 479-575-8330. A copy of the complete City Council agenda is available on our website at www.fayetteville-ar.gov or in the Office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas (479)575-8323. All cell phones must be silenced and may not be used within the City Council Chambers. City of Fayetteville, Arkansas Page 9 Printed on 4/15/2022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 City Council Tentative Agenda Tuesday, April 12, 2022 4:30 PM City Hall Room 219 City Council Members Council Member Sonia Harvey Ward I Council Member D'Andre Jones Ward I Council Member Mark Kinion Ward 2 Council Member Mike Wiederkehr Ward 2 Council Member Sloan Scroggin Ward 3 Council Member Sarah Bunch Ward 3 Council Member Teresa Turk Ward 4 Council Member Holly Hertzberg Ward 4 Mayor Lioneld Jordan City Attorney Kit Williams City Clerk Treasurer Kara Paxton City Council Agenda Session Tentative Agenda April 12, 2022 Zoom information: City Council Agenda Session 4-12-22 at 4:30 PM Webinar ID: 827 1022 9384 Public Registration Link: https://us06web.zoom.us/webinar/register/WN_-t6lMK9URx6J89BX6Irv3 g Call To Order Roll Call Pledge of Allegiance Mayor's Announcements, Proclamations and Recognitions City Council Meeting Presentations, Reports and Discussion Items: Proposed Agenda Additions A. Consent: A.1 2021-1048 APPROVAL OF THE APRIL 5, 2022 CITY COUNCIL MEETING MINUTES A.2 2022-0297 RFQ #22-01, SELECTION #2 MCCLELLAND CONSULTING ENGINEERS, INC. AND GTS, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 City of Fayetteville, Arkansas Page 2 Printed on 4/13/2022 City Council Agenda Session Tentative Agenda April 12, 2022 A.3 AA M", A.6 2022-0298 RFQ #22-01, SELECTION #3 MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON ASSOCIATES, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #3 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 2022-0242 PLACEHOLDER: BID #22-35 RAZORBACK ROAD CONSTRUCTION: A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH GENERAL CONTRACTOR, INC. IN THE AMOUNT OF $X,000,000.00 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $X00,000 AND TO APPROVE OF A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,400,000 FROM THE UNIVERSITY OF ARKANSAS AND $334,055 IN FEDERAL -AID FUNDING AND TO MOVE $500,000 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT. 2022-0291 BKD, LLP: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD, LLP AND PAY AN AMOUNT NOT TO EXCEED $117,320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT 2022-0181 AMEND RESOLUTION 33-22: A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRIATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT B. Unfinished Business: City of Fayetteville, Arkansas Page 3 Printed on 4/13/2022 City Council Agenda Session Tentative Agenda April 12, 2022 BA 2022-0184 RZN-2022-003 (2235 W. WEDINGTON DR./PAGLIANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE At the March 15th, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading. B.2 2022-0190 RZN-2021-093 (1101 N. WOOLSEY AVE./WRMC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL At the March 15, 2022 City Council meeting this item was left on the First Reading. At the April 5, 2022 City Council meeting this item was left on the Second Reading B.3 2022-0255 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD 1 FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE At the April 5, 2022 City Council meeting this item was left on the Second Reading. City of Fayetteville, Arkansas Page 4 Printed on 4/13/2022 City Council Agenda Session Tentative Agenda April 12, 2022 B.4 2022-0182 RZN-2022-006 (3493 N. HWY 112/BIOTECH PHARMACAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL At the April 5, 2022 City Council meeting this item was left on the First Reading. B.5 2022-0252 RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-011 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION At the April 5, 2022 City Council meeting this item was left on the First Reading. B.6 2022-0260 APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET At the April 5, 2022 City Council meeting this item was Tabled to the April 19, 2022 City Council meeting. C. New Business: City of Fayetteville, Arkansas Page 5 Printed on 4/13/2022 City Council Agenda Session Tentative Agenda April 12, 2022 CA C.2 C.3 CA 2022-0306 RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-012 LOCATED AT 1893 AND 1909 NORTH STEPHEN CARR BOULEVARD IN WARD 2 FOR APPROXIMATELY 3.5 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES 2022-0305 RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD 1 FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 2022-0253 VAC-2022-005 (WEST FOXGLOVE DR./ADVENTURE SUBARU): AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT 2022-0301 VAC-2022-008 (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC): AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT City of Fayetteville, Arkansas Page 6 Printed on 4/13/2022 City Council Agenda Session Tentative Agenda April 12, 2022 C.5 2022-0310 AMERICAN RESCUE PLAN ACT FUNDS: A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS D. City Council Agenda Session Presentations: D.1 2022-0263 AGENDA SESSION PRESENTATION - PARKING EQUIPMENT UPDATE, JUSTIN CLAY E. City Council Tour: F. Announcements: G. Adjournment City of Fayetteville, Arkansas Page 7 Printed on 4/13/2022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-1048 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Minutes Agenda Number: A.1 APPROVAL OF THE APRIL 5, 2022 CITY COUNCIL MEETING MINUTES City of Fayetteville, Arkansas Page 1 Printed on 411312022 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0297 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.2 File Type: Resolution RFQ #22-01, SELECTION #2 MCCLELLAND CONSULTING ENGINEERS, INC. AND GTS, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #2 AND AUTHORIZE THE PURCHASE OF ON -CALL MATERIALS TESTING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC., OLSSON, INC. AND GTS, INC. BASED ON PRICE AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #22-01 Selection #2 and authorizes the purchase of on -call materials testing services from McClelland Consulting Engineers, Inc., Olsson, Inc., and GTS, Inc. based on price and availability as needed through April 30, 2023. City of Fayetteville, Arkansas Page 1 Printed on 411312022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0297 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/30/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a resolution to award RFQ 22-01, Selection #2 to McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2023. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director FROM: Matt Casey, Engineering Design Manager DATE: March 30, 2022 CITY COUNCIL MEMO SUBJECT: Approval of a resolution to award RFQ 22-01, Selection #2 to McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2023 RECOMMENDATION: Approval of a resolution to award RFQ 22-01, Selection #2 to McClelland Consulting Engineers, Inc Olsson, Inc. and GTS, Inc. as primary providers based on rates provided and availability for on -call materials services as needed through April 30, 2023. BACKGROUND: As part of each of the City's street, drainage, water and sewer projects, a materials testing lab is contracted to perform materials testing for the design and construction. The testing includes asphalt, gravel base, concrete and various other materials used during the construction of these projects. The testing is done to ensure that the materials and the installation meet the City requirements and the project's specifications. DISCUSSION: An engineering selection committee selected McClelland Consulting Engineers, Inc., Olsson, Inc. and GTS, Inc. to be used for on -call materials testing services for street, drainage and utilities projects through April 30, 2023. BUDGET/STAFF IMPACT: Funds for the material testing have been budgeted in various capital projects with the Sales Tax Capital Improvements Fund, the Transportation Bond Fund, Drainage Bond Fund and the Water and Sewer Fund. Attachments: Testing Rate Schedules Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 olsson 2022 Field Services Unit Rate Schedule Saecial Inspections and Construction Materials Testina Services Testina Services 0 3-Hour Minimum Field Technician'......................................................................................................Hourly $60.00 Senior Technician'....................................................................................................Hourly $75.00 Structural Steel Technician.......................................................................................Hourly $85.00 Project Manager / Project Engineer..........................................................................Hourly $140.00 Senior Engineer / Team Leader...............................................................................Hourly $150.00 Administrative Assistant...........................................................................................Hourly $50.00 Equipment Coring Equipment Mobile Lab ........... Laboratory Testing Services Daily $145.00 Monthly $400.00 Soil and Aggregate Testing Standard Proctor.......................................................................................................Each $175.00 AtterbergLimits.........................................................................................................Each $95.00 Modified Proctor........................................................................................................Each $205.00 Oversize Correction..................................................................................................Each $70.00 Gradation>%............................................................................................................Each $140.00 Mechanical Grain Size analysis (Sieves).................................................................Each $110.00 Percent Fines Test (passing #200 sieve).................................................................Each $65.00 Percent Moisture Test..............................................................................................Each $15.00 Construction Materials Testing Compressive Strength - Concrete Cylinder Compressive Strength - Grout .................... Compressive Strength - Mortar ................... Flexural Strength - Concrete Beam ............ Asphalt Testin Each $20.00 Each $40.00 Each $40.00 Each $62.00 Asphalt Content by Ignition Method..........................................................................Each $180.00 Preparation & Density of Superpave Gyratory Compaction Specimens (2pt) .........Each $295.00 Sieve Analysis of Extracted Aggregates..................................................................Each $110.00 Theoretical Maximum Specific Gravity (Rice) ..........................................................Each $190.00 Travel Mileage (Portal to Portal)..........................................................................................Mile $0.75 PerDiem...................................................................................................................Daily $135.00 Additional Notes 1. These Unit Fees are in effect until January 1, 2023. Services and fees not listed above will be quoted upon request. 2. Services provided on Saturday, Sunday, Holidays, and in excess of 8-hours/day will be charged at 1.5 times the unit fee. 3. Subcontracted services will be invoiced at our cost plus 20%. 302 E. Millsap Road, Fayetteville, AR. 72703 TEL 479.443.3404 a fiyMcCLELLAND CONSULTING "CE ENGINEERS, INC. MATERIALS LABORATORY GENERAL: 1580 East Stearns Street Fayetteville, Arkansas 72703 479-587-1303 Fax 479-443-9241 www.mce.us.com CMT Technician $ 55.00 per hour Senior CMT Technician 60.00 per hour CMT Supervisor 85.00 per hour Engineering Technician/EIT 95.00 per hour Laboratory Supervisor 75.00 per hour Geotechnical Engineer 155.00 per hour Construction Observation 80.00 per hour Project Engineer 135.00 per hour Geotechnical Project Manager 100.00 per hour Principal Engineer 165.00 per hour Administrative Assistant 68.00 per hour Mileage 0.58 per mile SOILS: CMT Technician Field Testing* 55.00 per hour Senior CMT Technician Field Testing* 60.00 per hour *Density Testing -Nuclear Gauge (ASTM D 2922/ AASHTO T310), Sample Pickup, or Stand-by Time Nuclear Density Gauge Fee: (per Density Test); [Minimum $12.00 per trip, per project] 12.00 each Atterberg Limits Test (3-point) (ASTM D 4318 / AASHTO T89, T90) 55.00 each Soil Sieve Analysis w/ No. 200 Wash (ASTM D 422, D 1140 / AASHTO T88) 100.00 each Soils Classification: Atterberg Limits & Sieve Analysis 150.00 each Standard Proctor Test ASTM D 698 or AASHTO T 99 175.00 each Modified Proctor Test ASTM D 1557 or AASHTO T 180 200.00 each California Bearing Ratio (CBR) ASTM D 1883/ AASHTO T193 400.00 each ***Additional Soil Testing Procedures Available On Request*** CONCRETE/AGGREGATE Concrete Mix Design Price on Request Review Concrete Mix Design Submittal (Geotechnical Engineer) 155.00 per hour CMT Technician Concrete Field Testing* 55.00 per hour Senior CMT Technician Concrete Field Testing* 60.00 per hour *(1-hour minimum): [For any of the following 6 items:] • Concrete Cylinder, Grout, Mortaror Beam Molding • Concrete Cylinder or Beam Pickup • Concrete SlumpTest ASTM C 143 / AASHTO T119 • ConcreteAirContent Test ASTM C231 orC 173 / AASHTO T 152 • Cement Mortar or Grout Sampling • Stand-by Time • Unit Weight and Yield of Freshly Mixed Concrete ASTM C 138 / AASHTO T121 • Sample Pickup, Transporting, and Processing/Placement Into Curing Compressive Strength of Concrete Test Cylinders C 39/T22 (pad capped) 20.00 each Compressive Strength of Concrete Test Cylinders C 39/T22 (sulfur capped) 35.00 each Spare Cylinders Specimens Processed, Stored & Cured but not Tested 15.00 each Schmidt Hammer Testing (Engineering Technician) 90.00 per hour *ACI Grade I Concrete Field Testing Technician Page 1 of 2 fiyMcCLELLAND CONSULTING "CE ENGINEERS, INC. MATERIALS LABORATORY 1580 East Stearns Street Fayetteville, Arkansas 72703 479-587-1303 Fax 479-443-9241 www.mce.us.com CONSTRUCTION MATERIALS LABORATORY FEE SCHEDULE 2022 CONCRETE/AGGREGATE (Continued) Flexural Strength of Concrete Beams ASTM C 78 or C 293 50.00 each Spare Beam Specimens Processed, Stored & Cured but not Tested 40.00 each Compressive Strength of Grout Cubes/Prisms 40.00 each Compressive Strength of Cement Mortar Cubes 25.00 each Concrete Coring (4" diameter): Core Machine & CMT Technician 95.00 per hour Compressive Strength of Concrete Cores (4" diameter) 40.00 each Other Core Sizes (sampling and testing) Price on Request Concrete Fine Aggregate Gradation (AASHTO T11 and T27) 175.00 each Concrete Coarse Aggregate Gradation (AASHTO T11 and T27) 150.00 each Aggregate Specific Gravity Testing ASTM C 127,C 128 / AASHTO T84, T85 150.00 each Class 7 Aggregate Gradation (AASHTO T11 and T27) 200.00 each ***Additional Concrete/Aggregate Testing Procedures Available On Request*** ASPHALT: Asphalt Mix Design (Marshall Design Method) Price on Request Review Asphalt Mix Design (Geotechnical Engineer) 155.00 per hour CMT Technician Asphalt Field Testing* 55.00 per hour Senior CMT Technician Asphalt Field Testing* 60.00 per hour *In -place Spot Check Density Testing, Sample Pickup, or Stand-by Time Superpave Laboratory Analysis (Gmm, Gmb, AC Content, Air Voids, Gradation) 650.00 each Marshall Laboratory Analysis (Gmm, Gmb, AC Content, Air Voids, Gradation) 750.00 each Laboratory Density of Cored Samples including Thickness Measurement** 35.00 each Asphalt Coring Machine & CMT Technician** 95.00 per hour **Testing and Sampling of 4" or 6" diameter cores SPECIAL INSPECTIONS: Spray -Applied Fire Resistant Material/Intumescent Coating Testing 90.00 per hour Structural Steel/Welding Inspection by CWI 95.00 per hour Non-destructive Testing on Welds (LIT, MT, or Radiographic) 100.00 per hour Post -Tension Inspection 100.00 per hour Services Not Listed are Available on Request All prices are subject to revision each year Page 2 of 2 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Office GTS, Inc. Fayetteville, Arkansas City of Fayetteville Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) �. . . COMM Moisture - Density Standard Proctor AASHTO T99, $140.00 Relationship ASTM D698 Moisture - Density Modified Proctor AASHTO T180, $160.00 Relationship ASTM D1557 Moisture Content Moisture Content of soils ASTM D2216 $10.00 Atterberg Limits AASHTO T-89, Atterberg Limits AASHTO T-90, $65.00 3 Point Wet Preparation ASTM D 4318 Sieve Analysis Washed and dried sieve used for soil classification determination ASTM C136 ASTM C117 $65.00 (< 5 Ibs) AASHTO T27 AASHTO T11 ASTM C136 ASTM Washed and dried oversized sieve C117 Sieve Analysis $130.00 (greater than 5 Ibs) AASHTO T27 AASHTO T11 Fine Particle Size Distribution AASHTO T 88 Sieve Analysis Using the Sedimentation ASTM D 422 $105.00 (Hydrometer) (Hydrometer) Analysis ASTM D 7928 Determination of Specific Gravity ASTM C127 Specific Gravity and and Absorption of Fine or Coarse AASHTO T84 / $60.00 Absorption Aggregate ASTM C128 Evaluating the potential strength California Bearing of subgrade, subbase, and base ASTM D 1883, Ratio (CBR) 3-point $250.00 course material, for use in road AASHTO T 193 method and airfield pavements. Page 1 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Office GTS, Inc. Fayetteville, Arkansas City of Fayetteville Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) COMM Obtain a measure of compressive ' Unconfined strength for soils that possess ASTM D 2166, Compressive sufficient cohesion to permit AASHTO T 208 $100.00 Strength Testing testing in the unconfined state Triaxial testing** Unconsolidated - Undrained AASHTO T 296, $375.00 (UU) ASTM D 2850 Triaxial testing** Consolidated - Undrained (CU) AASHTO T 297, ASTM D 4767 $500.00 Triaxial testing** Consolidated -Drained ASTM WK 3821 $750.00 (CD) Determining the magnitude and Soil Consolidation rate of consolidation of soil when ** (One- it is restrained laterally and ASTM D 2435, $300.00 Dimensional, drained axially while subjected to AASHTO T 216 Interval Loading) incrementally applied controlled - stress loading. Permeability Laboratory Measurement of Testing (Flexible Hydraulic Conductivity ASTM D5084 $65.00 Wall)** ** sample prep or remolding NA $75.00 Page 2 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Office GTS, Inc. Fayetteville, Arkansas City of Fayetteville Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) This test assigns an empirical Sand Equivalency value to the relative amount, ASTM D 2419, $150.00 Test fineness, and character of claylike AASHTO T 176 material present in the specimen. Standard Test Method for Soundness of Soundness of Aggregates by Use ASTM C 88, $425.00 Aggregates of Sodium Sulfate AASHTO T 104 Resistance to Degradation of LA Abrasion Large -Size Coarse Aggregate by ASTM C 131, $650.00 Abrasion and Impact in the Los AASHTO T 96 Angeles Machine Deleterious determination of friable particles, clay lumps, and soft Material NA $50.00 fragments in an aggregate Determination Standard Test Method for One - Swell Test ** (One- Dimensional Swell or Settlement ASTM D 4546, $300.00 Dimensional) Potential of Cohesive Soils AASHTO T 216 using fly ash, cement and lime to Soil Stabilization NA call for quote stabilize soils ***For any soils and aggregate lab testing not listed please call for quote*** . Laboratory . . Compressive Curing, Storing and Testing (Pad ASTM C 39, ASTM $15.00 Strength of Capping) 6" x 12" cylinders C1231, ASTM C511 Cylinders Laboratory Compressive Curing, Storing and Testing (Pad ASTM C 39, ASTM $15.00 Strength of Capping) 4" x 8" cylinders C1231, ASTM C511 Cylinders Page 3 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Office GTS, Inc. Fayetteville, Arkansas City of Fayetteville Geotechnical & Testing Services Laboratory Materials Testing Services (please call for unlisted items) COMM Laboratory Flexural Curing, Storing, Measuring and ASTM C 78, ASTM Strength of Beams $35.00 (per beam) Testing C511, ASTM C1542 Laboratory Compressive Curing, Storing and Testing (sulfur ASTM C 42, ASTM $45.00 Strength of drilled Capping) C 39, ASTM C617 cores Saw cutting Saw cutting ends of contractor cylinders and formed cylinders to achieve a NA $5.00 drilled cores perpendicular surface (per end) Petrographic Microscopic analysis of hardened Analysis concrete ASTM C 457 Call for Quote Laboratory Masonry Compressive Curing, Storing and Testing (Pad ASTM C 1019 $25.00 Strength of Grout Capping) 6" x 3" x 3" prisms Prisms Laboratory Compressive Curing, Storing and Testing (Pad ASTM C 109 $15.00 Strength of mortar Capping) 2" x 2" x 2" cubes cubes This test methods provides various testing procedures Laboratory testing commonly used for evaluating of concrete characteristics of concrete ASTM C 140 $120.00 masonry units masonry units and related concrete units. • . �� Laboratory testing Laboratory Testing of asphalt AASHTO T-166 $35.00 of Asphalt Cores cores for specific gravity (density) Laboratory Density Laboratory determination of - • • • of Fireproofing SRFM density ASTM E 605 $60.00 (each density) Page 4 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Materials Testing AASHTO T310, Soil Density Testing Technician performing in- ASTM D6938 $65.00 NA place soil densities On site sampling of soils Soil/Aggregate AASHTO T2, Sample Pick up and aggregates for ASTM D 75 $65.00 NA laboratory testing Engineering observation of Proofroll and on site soils prior to Undercut placement of fill material NA $90.00 NA Observation or after undercut has been completed AASHTO T23, On site sampling, testing T119, T141, Field Concrete and making concrete test T152, T309, $65.00 NA Testing specimens of freshly mixed ASTM C31, concrete C143, C172, C231. C1064 .......................... Concrete Cylinder Retrieving concrete test Pick up (per set specimens made by GTS or NA $30.00 NA charge) by the client Concrete Rebound Assess the in -place uniformity of concrete and Hammer (Schmidt ASTM C805 $90.00 $15.00 Hammer) to estimate in -place strength Page 5 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Coring and sampling of Concrete Coring hardened concrete AASHTO T24 $65.00 $65.00 and Sampling including backfilling with ASTM C42 grout Placement and Concrete maturity downloading of maturity and temperature and temperature ASTM C1074 $90.00 NA testing information and equipment Concrete maturity and temperature Field Sensors ASTM C1074 NA $50.00 sensors (per sensor fee) Evaluating and providing Floor Flatness statistical (and graphical) 02 per square Determination information concerning ASTM E1155 $90.00 foot floor surface profiles Concrete Floor Obtaining a quantitative value indicating the rate or Vapor Emission moisture vapor emission ASTM F1869 $90.00 $25 per kit Testing from a concrete floor Evaluating the Ph of Concrete Ph testing ASTM F710 $90.00 $10 per kit concrete floors Concrete mortar Time of setting concrete by time of setting means of penetration ASTM C403 $90.00 $150.00 testing resistance method Page 6 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Concrete Floor Quantitative Relative Humidity determination of percent ASTM F2170 $90.00 $50.00 per site Insitu Probe Testing relative humidity in visit concrete slabs On site sampling, testing AASHTO T23, and making grout test T119, T309, Field Grout Testing $65.00 NA specimens of freshly mixed ASTM C1019, grout C143, C1064 Field Observation Visual observation of CMU of CMU Block Wall reinforcing, joint NA $90.00 NA Construction placement, bond beams etc. On site sampling, testing Field Mortar and making mortar test ASTM C1714 $65.00 NA Testing specimens of freshly mixed preblended mortar Evaluation of density with Asphalt Rolling passes of compaction ASTM D2950 $65.00 NA Pattern equipment of fresh hot mix asphalt Coring and sampling of in Asphalt coring and ASTM D979, sampling place asphalt including AASHTO T168 $65.00 $65.00 backfilling with grout Page 7 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 GTS, Inc. Fayetteville, Arkansas Office Geotechnical & Testing Services City of Fayetteville Field Materials Testing Services (please call for unlisted items) Observation of Observation of soil type, straight shaft depth, reinforcing bars, NA $90.00 NA drilled piers bearing capacity, etc. Observation of Observation of soil type, Geopier depth, compactive effort, NA $90.00 NA foundations bearing capacity, etc. Observation of retaining wall Observation of retaining NA $90.00 NA wall construction installation Observation of soil bearing capacity for Observation of soil types NA $90.00 NA foundation and bearing capacity elements Observation of Observation of size, reinforcing bars for number and placement of NA $90.00 NA foundation and reinforcing bars structural elements Observation of Observation of driven driven pile piles, number of blows, NA $90.00 NA foundations pile size, etc. Observation of soil Observation of soil nails, nail reinforcement bar size, bar length, grout NA $90.00 NA type and strength, etc. Observation of observation of micropiles, micropile bar size, bar length, grout NA $90.00 NA foundations type and strength, etc. Page 8 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Observation of Post observation of installation Tension concrete and tensioning of post NA $90.00 NA systems tension cables observation of fireproofing Fireproofing for thickness, density and ASTM E605 $90.00 NA Observation cohesion Principal Professional Engineer ' Professional services in the field or NA $120.00 NA Engineer report writing Professional Engineer Staff Professional services in the field or NA $100.00 NA Engineer report writing Intern engineer services in NA $90.00 NA Intern -Engineer the field or report writing Code compliance, visual and ultrasonic weld J1 (CertifiedWeldinginspection, bolt inspection, Varies $120.00 NA (CWI) impact wrench calibration, etc. Locating reinforcing bars, Reinforcing Bar conduits, post tension Varies $120.00 $500.00 Locating cables, etc. in concrete slabs Skidmore Wilhelm Tension Calibrator Varies $120.00 $40.00 Used in conjunction with Torque Multiplier torque wrench for high NA $120.00 $100.00 strength bolt testing Page 9 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Used for testing torque of Torque Wrench Varies $120.00 high strength bolts Ultra Sonic Testing I UT Machine Mag Particle Mag Particle Yoke Testing x-ray services I x-ray of structural welds Used to check the suitability and allowable Bolt Pulling Test loads of an anchor type and check they have been installed correctly Using sound waves to Impact Echo determine flaws and/or Services thicknesses in concrete structures Using radar to locate, reinforcing bars or Ground Penetrating conduits in concrete, Radar underground utilities, underground structures or tanks, etc. Varies 1 $120.00 $20.00 $40.00 Varies $120.00 $40.00 Varies upon upon request request Varies 1 $120.00 NA NA $120.00 $150.00 $250.00 $120.00 1 $250 Half Day Page 10 of 11 1915 N. Shiloh Drive office 479-521-7645 Fayetteville, Arkansas 72704 fax 479-521-6232 Fayetteville, Arkansas Office City of Fayetteville Field Materials Testing Services (please call for unlisted items) GTS, Inc. Geotechnical & Testing Services Non -Destructive method Sonic Echo Impulse of determining length and NA $120.00 $1,000.00 Response integrity of concrete foundations FUR Infrared Infrared imaging of Camera Imaging building components using NA $120.00 $400.00 a Flir E60 camera Portal to portal rates to Based on published current Mileage and from the GTS, Inc. NA IRS government mileage office to the jobsite rates plus 5% Report Preparation Includes report typing and and Review (Per distribution. (Technician NA $10.00 10 Rep( reports only) Work requested to be performed on weekends or prior to 6:00 am and after 6:oo pm Monday through Friday will be billed an additional $5 per Overtime, hour above the normal hourly rates listed above and Holiday will be Weekend, and Triple the normal hourly rates. Holiday Rates Any test scheduled before 5:00 A.M. but not performed by no fault of GTS will be a minimum charge of $200.00. Minimum Time I There is a Minimum charge of 1 hour on site Time and .5 hour travel Charge time Page 11 of 11 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0298 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.3 File Type: Resolution RFQ #22-01, SELECTION #3 MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON ASSOCIATES, INC.: A RESOLUTION TO AWARD RFQ #22-01 SELECTION #3 AND AUTHORIZE THE PURCHASE OF ON -CALL SURVEYING SERVICES FROM MCCLELLAND CONSULTING ENGINEERS, INC. AND OLSSON, INC. BASED ON RATES PROVIDED AND AVAILABILITY AS NEEDED THROUGH APRIL 30, 2023 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFQ #22-01 Selection #3 and authorizes the purchase of on -call surveying services from McClelland Consulting Engineers, Inc. and Olsson, Inc., based on rates provided and availability as needed through April 30, 2023. City of Fayetteville, Arkansas Page 1 Printed on 411312022 Matt Casey Submitted By City of Fayetteville Staff Review Form 2022-0298 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/30/2022 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Approval of a resolution to award RFQ 22-01, Selection #3 to McClelland Consulting Engineers, Inc and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2023. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: —� CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director CITY COUNCIL MEMO FROM: Matt Casey, Engineering Design Manager DATE: March 30,2022 SUBJECT: Approval of a resolution to award RFQ 22-01, Selection #3 to McClelland Consulting Engineers, Inc and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2023. RECOMMENDATION: Approval of a resolution to award RFQ 22-01, Selection #3 to McClelland Consulting Engineers, Inc and Olsson Associates, Inc. as primary providers based on rates provided and availability for on -call surveying services as needed through April 30, 2023. BACKGROUND: The Engineering Division has a two -person survey crew as part of the design team. The survey crew provides surveying services to multiple City Divisions in addition to the surveys needed for the in-house projects designed by the City engineers. As a result, the current workload for the survey crew is quite large. With the potential for many projects to begin in 2022, additional surveying services may be required. DISCUSSION: An engineering selection committee selected McClelland Consulting Engineers, Inc. and Olsson Associates, Inc. to be used for on -call surveying services for various city projects until April 30, 2023. BUDGET/STAFF IMPACT: Funds for the material testing have been budgeted in various capital projects with the Sales Tax Capital Improvements Fund, the Transportation Bond Fund, Drainage Bond Fund and the Water and Sewer Fund. Attachments: Standard Rate Schedules Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 1 2 3 obi olsson 2022 Springfield/Joplin/Fayetteville Survey Billing Rate Schedule Classification Hourly Rate Team Leader $170.00 Senior Surveyor $138.00 Surveyor $110.00 Associate Surveyor $85.00 Assistant Surveyor $65.00 Senior Technician $95.00 Associate Technician $80.00 Assistant Technician $65.00 1 Man Field Crew $130.00 2 Man Field Crew $175.00 Equipment Daily Rate Boat $50.00 ATV $50.00 HD Scanner $500.00 Drone $375.00 Lida r $2,500.00 Travel Mileage (Portal to Portal) Mile $0.75 Hotel Daily $140.00 Meals Daily $50.00 Additional Notes These Unit Fees are in effect until January 1, 2023. Services and fees not listed above will be quoted upon request. Services on weekends, holidays, and in excess of 8-hours/day will be charged 1.5 times the unit fee. Subcontracted services will be invoiced at our cost plus 20% McCLELLAND R"CE� CONSULTING ENGINEERS, INC. 2022 McCLELLAND CONSULTING ENGINEERS, INC. *STANDARD HOURLY RATES Chief Draftsman $95 - $110 Clerical $45 - $75 Construction Observer $70 - $140 Draftsman $65 - $95 Environmental Scientist/Designer $105 - $120 Geotech Engineer $85 - $170 GIS Technician $80 - $140 HR/Payroll Admin $75-$100 Landscape Architect $90 - $140 Media Specialist $80 - $100 Principal $160 - $240 Project Accountant $70 - $155 Project Designer $80 - $140 Project Engineer $120 - $175 Project Manager $120 - $200 Registered Land Surveyor $95 - $140 Soils Lab Technician $50 - $135 Specification Writer $50 - $90 Sr. Project Manager $140 - $230 Survey (2 man or Robotic) Crew $115 - $160 Survey (3 man) Crew $135 - $195 Survey Field (1 Man or Rodman) $45 - $105 Survey GPS $75 - $130 Survey Technician $65 - $95 Water Lab Supervisor $70 - $120 Water Lab Tech $50 - $95 Expenses @ Cost Mileage .585/mi** * Standard Hourly Rates may be adjusted annually in accordance with the normal salary review practices of McClelland Consulting Engineers. **Subject to change based on Internal Revenue Service (IRS) Guidelines/ Regulations City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0242 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.4 PLACEHOLDER: BID #22-35 RAZORBACK ROAD CONSTRUCTION: A RESOLUTION TO AWARD BID #22-35 AND AUTHORIZE A CONTRACT WITH GENERAL CONTRACTOR, INC. IN THE AMOUNT OF $X,000,000.00 FOR THE CONSTRUCTION OF RAZORBACK ROAD FROM THE UNIVERSITY'S ADMINISTRATION SERVICES BUILDING TO HOTZ DRIVE, TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $X00,000 AND TO APPROVE OF A BUDGET ADJUSTMENT TO RECOGNIZE REVENUE IN THE AMOUNT OF $1,400,000 FROM THE UNIVERSITY OF ARKANSAS AND $334,055 IN FEDERAL -AID FUNDING AND TO MOVE $500,000 FROM THE W&S IMPACT FEE FUNDS TO THE PROJECT. City of Fayetteville, Arkansas Page 1 Printed on 411312022 City of Fayetteville Staff Review Form 2022-0242 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Chris Brown 3/30/2022 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: A Resolution to award Bid #22-35 and authorize a contract with General Contractor, Inc. in the amount of $X,000,000.00 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $X00,000 and to approve of a Budget Adjustment to recognize revenue in the amount of $1,400,000 from the University of Arkansas and $334,055 in Federal -aid funding and to move $500,000 from the W&5 Impact Fee Funds to the project. 4470.800.8835-5809.00 5400.720.5700-5815.00 Account Number 06035.2101 02017.2101 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Sales Tax Capital Improvement Water and Sewer Fund Hwy 112 (Razorback Rd.) Razorback Rd Sanitary Sewer Uoe-rade Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget $ 10,556,512.00 $ 4,439,458.07 $ 6,117,053.93 $ 2,127,460.00 $ 2,127,460.00 6,117,053.93 Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor and City Council CITY COUNCIL MEMO THRU: Susan Norton, Chief of Staff Chris Brown, Public Works Director/City Engineer FROM: Paul Libertini, Staff Engineer DATE: March 30, 2022 SUBJECT: A Resolution to award Bid #22-35 and authorize a contract with General Contractor, Inc. in the amount of $X,000,000.00 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $X00,000 and to approve a Budget Adjustment. RECOMMENDATION: A Resolution to award Bid #22-35 and authorize a contract with General Contractor, Inc. in the amount of $X,000,000.00 for the construction of Razorback Road from the University's Administration Services Building to Hotz Drive, to approve a project contingency in the amount of $X00,000 and to approve of a Budget Adjustment to recognize revenue in the amount of $1,400,000 from the University of Arkansas and $334,055 in Federal -aid funding and to move $500,000 from the W&S Impact Fee Funds to the project. BACKGROUND: Per the attached letters, the University of Arkansas (UA) was awarded $334,055 of Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Federal -aid funding to help complete the final phase of widening Highway 112 between Hotz Street and the UA Administrative Services Building (ADSB) which is only 1,250 feet in length. Furthermore, it was agreed that the most expedient way to access this new Federal money was for the City to execute an Amendment to its original Agreement rather than requiring the University to start a whole new process. Therefore, since Resolution 27-17 authorized Mayor Jordan to execute all appropriate agreements and contracts necessary to expedite the construction of this project, the Mayor signed Supplemental Agreement 2 which was subsequently executed by the Arkansas Department of Transportation (ARDOT). The City received "Authorization to Advertise" for construction bids from ARDOT on June 4, 2021. The UA will perform the construction oversight and administration. The City will make payments the contractor, and then request reimbursement from ARDOT. DISCUSSION: On Tuesday, March 15, 2022, the City received xxx (x) construction bids for this project. General Contractor, Inc. submitted the low bid which was approximately xx% below the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Engineer's Estimate of $1,819,350.00. Note: the actual execution of the construction contract cannot occur until receipt of written approval from ARDOT. BUDGET/STAFF IMPACT: The road construction project will be paid for by a combination of funds coming from the University of Arkansas and the Northwest Arkansas Regional Planning Commission. Initially, the City will have to make payments to the contractor and then request reimbursement from ARDOT. Any costs exceeding the Federal funding amount for the road construction will be paid by the UA (see UA letter). The portion of a City sewer line that needs to be relocated will be paid for with City Water & Sewer funding. Attachments: Project Location Map Section 00500 Agreement Bid Submittal Bid Tabulation Supplemental Agreement 2 — Job 040582 & Job 040864 Letter dated 03/15/22 from Scott Turley, UA — City & University Partnership Project Letter dated 02/21/21 from Tim Conklin, NWARPC — Award of HIP Funding PM: PD: JL40961: 4/21/2021 Document Path: \\sanl\gis\ProgramsContracls\Sketches\040864\040864.mxd 7KANSAS DEPARTMENT AR OF TRANSPORTATION The Honorable Lioneld Jordan Mayor of Fayetteville 113 W. Mountain Street Fayetteville, Arkansas 72701 Dear Mayor Jordan: ARKANSAS DEPARTMENT OF TRANSPORTATION ARDOT.9ov I IDriveArkansas.com Lorie H. Tudor, P.E., Director 10324 Interstate 30 1 P.O. Box 2261 I Little Rock, AR 72203-2261 Phone:501.569.2000 I Voice/TTY 7111 Fax:501.569.2400 May 7, 2021 Re: Job 040864 RECEIVED MAY 10, 2021 CITY OF FAYETTEVILLE MAYOR'S OFFICE F.A.P. HIPUCS-COVD(101) Razorback Rd. Impvts. (Fayetteville) (S) Washington County State and Federal -aid job numbers have been assigned for the referenced project. Enclosed is your copy of the executed Supplemental Agreement of Understanding between the City of Fayetteville and the Department to widen the portion of Razorback Road (former Highway 112) between the University of Arkansas' Administration Services Building and Hotz Drive. Thank you for your continued interest in Arkansas' transportation system. If you have any questions regarding the partnering arrangement, please contact Jessie Jones, Division Engineer — Program Management, at (501) 569-2262. Sincerely, .Jared D. Wiley Assistant Chief Engineer - Planning Enclosure c: Director Deputy Director and Chief Operating Officer Deputy Director and Chief Engineer Assistant Chief Engineer — Design Assistant Chief Engineer — Operations Program Management Right of Way Roadway Transportation Planning and Policy District 4 SUPPLEMENTAL AGREEMENT 2 BETWEEN THE CITY OF FAYETTEVILLE AND THE ARKANSAS DEPARTMENT OF TRANSPORTATION In Cooperation with the U.S. Department of Transportation, Federal Highway Administration RELATIVE TO: Implementation of Highway 112 Improvements between Highway 16 and Interstate 49 in Fayetteville, Washington County (hereinafter called the "Projects"). WHEREAS, on September 19, 2017, the City of Fayetteville (hereinafter called the "City") entered into an Agreement of Understanding with the Arkansas Department of Transportation (hereinafter called the "Department") to establish the roles and responsibilities associated with the Projects; and WHEREAS, the original agreement referenced Job 040582 to widen Highway 112 between Hotz Drive and Garland Avenue and a project to widen Highway 112 between Poplar Street and Interstate 49; and WHEREAS, Job 040582 has been completed and the portion of Highway 112 between Highway 16 and Highway 112 Spur has been removed from the State Highway System and is now a city street; and WHEREAS, the University of Arkansas (hereinafter called the "University") has been awarded Federal -aid Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) funds by the Northwest Arkansas Regional Transportation Study for a new project to widen the portion of Razorback Road (former Highway 112) between the University's Administration Services Building and Hotz Drive; and WHEREAS, the City has agreed to the University's request that the City administer this new Federal -aid project; and WHEREAS, the City has requested that this construction project be completed as part of the original agreement of understanding for Highway 112 improvements; and WHEREAS, the Department has agreed to this request, and has determined that the original Agreement of Understanding must be modified. WHEREAS, funding Coronavirus Response and Relief Supplemental Appropriations Act includes 100% Federal -aid funds for certain projects; and WHEREAS, funding participation will be as follows, subject to the amount of Federal -aid funds and obligation limitation approved and available for the new CRRSA project: Maximum Minimum Federal % City% Preliminary Engineering by Consultant 0 100 Right-of-Way/Utilities 0 100 Construction 100 0 Construction Engineering by Consultant 0 100 Department Administrative Costs 0 100 Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation WHEREAS, the City knows of no legal impediments to the completion of the Project; and WHEREAS, it is understood that the City and the Department will adhere to the General Requirements for Recipients and Sub -Recipients Concerning Disadvantaged Business Enterprises (DBEs) (Attachment A) and that, as part of these requirements, the Department may set goals for DBE participation in the Project, ranging from 0% to 100%, that are practical and related to the potential availability of DBEs in desired areas of expertise. WHEREAS, the Department has published the Arkansas Local Public Agency Project Manual (available at www.ardot.gov/LPA) which outlines procedures and requirements which must be followed during development and construction of the Projects; and WHEREAS, the parties agree, unless specifically stated otherwise, that the provisions of this agreement are not intended to create or confer a third party benefit or right in any person or entity, not a party to this agreement. IT IS HEREBY AGREED that the City and the Department, in cooperation with the Federal Highway Administration (FHWA), will participate in a cooperative program for implementation and will accept the responsibilities and assigned duties as described hereinafter. THE CITY WILL: 1. Approve the Department to set up $5,000 in Federal -aid funds for Department administrative costs associated with state preliminary engineering, which include but are not limited to, on site meetings, environmental review, and plan and specification review. The final cost for this phase will be determined by actual Department charges to preliminary engineering. 2. Be responsible for hiring a consultant engineering firm(s) in accordance with the Local Agency Consultant Selection Procedures (Attachment B) to provide engineering services which include environmental documentation, preliminary engineering, and construction engineering for the Project. NOTE: FHWA authorization and Department approval must be given prior to issuing a work order to the consultant for federal funds to be allowed in this phase. 3. Prepare plans, specifications, and a cost estimate for construction. A registered professional engineer must sign the plans and specifications for the Project. (See Attachment C for items to be included in the bid proposal.) 4. Make periodic payments to the consultant for preliminary engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 5. Understand that expenditures for preliminary or construction engineering performed by the City's forces are not eligible for reimbursement with federal funds. 6. Coordinate with the Department as necessary as the required environmental clearance document is prepared. 7. Ensure that the plans and specifications are developed using the Department's standard drawings and Standard Specifications for Highway Construction (latest edition). -2- Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation 8. Ensure that the plans and specifications comply with the Americans with Disabilities Act (ADA), the American Association of State Highway and Transportation Officials (AASHTO) design standards, and all other applicable state and federal regulations, including airport clearance when necessary, for the type of work involved. 9. Before acquiring property or relocating utilities, contact the Department's Right of Way Division to obtain the procedures for acquiring right-of-way and adjusting utilities in compliance with federal regulations. NOTE: Failure to notify the Department prior to initiating these phases of work may result in all project expenditures being declared non- participating in federal funds. 10. Acquire property in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (commonly referred to as the "Uniform Act"). 11. Ensure the preparation of utility adjustment and right-of-way plans are in accordance with Arkansas State Highway Commission Policy. 12. Provide a copy of the registered deed or other approved documentation and an appropriate certification stating the City's clear and unencumbered title to any right-of-way to be used for the Project (See Attachment D1). If property has been acquired for the Project, use Attachment D2 for certification of the right-of-way. NOTE: Any property that is to become Department right-of-way must be acquired in the Department's name. 13. Submit plans at 50%, and 90% completion stages for Department review. 14. Submit a certification letter (Attachment E), including all items noted, to the Department when requesting authority to advertise the Projects for construction bids. 15. Advertise for bids in accordance with federal procedures as shown in Attachment F. NOTE: FHWA authorization and Department approval must be given prior to advertising for construction bids. 16. Forward a copy of all addenda issued for the Project during the advertisement to the Department. 17. After bids are opened and reviewed, submit a Certification Letter Requesting Concurrence in Award (Attachment G), including all items noted, to the Department. 18. Prior to awarding the construction contract, approve the Department to set up $5,000 in Federal -aid funds for Department administrative costs on the Project during construction. The final share of cost for this phase will be determined by actual Department charges to construction engineering. 19. Notify the Department in writing who the City designates as its full-time employee to be in responsible charge of the day to day oversight of the Project (Attachment H). The duties and functions of this person are: • Oversee project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal -aid projects; • Maintains familiarity of day to day project operations, including project safety issues; • Makes or participates in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; am Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation • During construction, visits and reviews the project on a daily basis; • Reviews financial processes, transactions and documentation to ensure that safeguards are in place to minimize fraud, waste, and abuse; • Directs project staff, City or consultant, to carry out project administration and contract oversight, including proper documentation; • Be aware of the qualifications, assignments and on-the-job performance of the City and consultant staff at all stages of the project. 20. Prior to issuing the notice to proceed to the Contractor, hold a pre -construction meeting with the Contractor and invite the Department's Resident Engineer assigned to the Project. 21. Ensure that all work, material testing and acceptance, and inspection is conducted in accordance with the Department's Standard Specifications for Highway Construction (latest edition), Manual of Field Sampling and Testing Procedures, and Resident Engineer's Manual and with the plans, specifications, and all other applicable FHWA and Department procedures for the Project. 22. Make periodic payments to the consultant for construction engineering for the Project and request reimbursement from the Department. Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 23. Make payments to the contractor for work accomplished in accordance with the plans and specifications and then request reimbursement from the Department on the Construction Certification and Reimbursement Request (CCRR) form (Attachment I). Reimbursement requests should be submitted, at minimum, every three (3) months and not more than once per month. 24. Attach LPA Report of Daily Work Performed (Attachment J) for all days that correspond with each CCRR submittal. 25. Prior to executing the work, submit construction contract change orders to the Department's Resident Engineer in charge of reimbursements for review and approval. 26. Upon completion of the Project, hold a final acceptance meeting for the Project and submit the LPA Final Acceptance Report form certifying that the Project was accomplished in accordance with the plans and specifications (Attachment K). This form must be signed by the engineer performing construction inspection on the Project, the Department's Resident Engineer assigned to the project, the City's full-time employee in responsible charge, and the City's Mayor. 27. Maintain accounting records to adequately support reimbursement with Federal -aid funds and be responsible for the inspection, measurement and documentation of pay items, and certification of all work in accordance with the plans and specifications for the Project and for monitoring the Contractor and subcontractor(s) for compliance with the provisions of FHWA- 1273, Required Contract Provisions, Federal -aid Construction Contracts, and Supplements. 28. Pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of said work or used in the course of said work including but not limited to materials, labor, and supplies described in and provided for in Act Nos. 65 and 368 of 1929, Act No. 82 of 1935, and Acts amendatory thereof. KI Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation 29. Agree that any and all claims for damages to property or injury to persons caused by any act or omission, negligence, or misconduct from the performance of work by the City's contractor on the Project shall be the sole responsibility of the City's contractor and in this regard the City shall require the contractor on the Project to procure and maintain a General Public Liability Insurance Policy during the duration of the Project which shall be endorsed to include broad form general liability and complete operations coverage on the Project. The contractor shall furnish the City with documentation of proof of liability insurance coverage with submission of the signed contract. 30. Agree that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of the City, its employees, agents or contractors in the performance of the Project and this Agreement must be presented to the City. Further, the City by acceptance of this grant, agrees that the Department and the Arkansas State Highway Commission, as the pass -through entity, have no duty or responsibility for the design, construction, maintenance or operation of the Project that is the subject of this grant, and, therefore shall have no liability related to the design, construction, maintenance or operation of the Project. The City also agrees to assume all risks associated with the work to be performed by its agents, employees, and contractors under this grant and Agreement and the Department and the Arkansas State Highway Commission, as the pass -through entity, shall not be responsible or liable for any damages whatsoever from the actions of the City, its employees, agents and contractors. 31. Assure that its policies and practices with regard to its employees, any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), Nondiscrimination in Federally -Assisted Programs of the Department of Transportation. 32. Retain all records relating to inspection and certification, the Contractor's billing statements, and any other files necessary to document the performance and completion of the work in accordance with requirements of 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Attachment L). 33. Grant the right of access to the City's records pertinent to the Project and the right to audit by the Department and Federal Highway Administration officials. 34. Be responsible for 100% of all project costs incurred should the Project not be completed as specified. 35. Be responsible for 100% of any and all expenditures which may be declared non -participating in federal funds, including any such award by the State Claims Commission. 36. Sign and transmit to the Department the Certification for Grants, Loans, and Cooperative Agreements (Attachment M), which is necessary for Project participation. -5- Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation 37. Repay to the Department the federal share of the cost of any portion of the Project if, for any reason, federal participation is removed due to actions or inactions of the City, its agents, its employees, or its assigns or the City's consultants or contractors or their agents. Such actions or inactions shall include, but are not limited to, federal non -participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The City understands and agrees that the Department may cause necessary funds to be withheld from the City 's Motor Fuel Tax allotment should the City fail to pay to the Department any required funds, fail to complete the Project as specified, or fail to adequately maintain or operate the Project. 38. Be responsible for all costs not provided by the Federal Highway Administration. 39. Repay to the Department the federal share of the cost of this project if for any reason the Federal Highway Administration removes federal participation. 40. Retain total, direct control over the Project throughout the life of all project improvements outside of the Department's right-of-way and not, without prior approval from the Department: • sell, transfer, or otherwise abandon any portion of the Project; • change the intended use of the Project; • make significant alterations to any improvements constructed with Federal -aid funds; or • cease maintenance or operation of a project due to the Project's obsolescence. 41. Be responsible for satisfactory maintenance and operation of all improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate the Project in accordance with Federal -aid requirements may result in the City's repayment of federal funds and may result in withholding all future Federal -aid. 42. Submit to the Department a Single Audit in accordance with the Office of Management and Budget (OMB) Circular A-133 each fiscal year that the City expends more than $500,000 of Federal -aid from any federal source including, but not limited to, the U.S. Department of Transportation. The fiscal year used for the reporting is based on the City's fiscal year. The $500,000 threshold is subject to change after OMB periodic reviews. 43. Make no alterations to the improvements constructed with Federal -aid funds without first consulting with the Department. 44. Promptly notify the Department if the Project improvements outside of the Department's right- of-way are rendered unfit for continued use by natural disaster or other cause. 45. Complete and transmit to the Department both pages of the Federal Funding Accountability and Transparency Act (FFATA) Reporting Requirements (Attachment N). in Supplemental Agreement 2 Between the City of Fayetteville and the Arkansas Department of Transportation THE DEPARTMENT WILL: 1. Maintain an administrative file for the project and be responsible for administering Federal - aid funds. 2. Prepare the necessary environmental documentation as required by FHWA and conduct any required public involvement meetings and public hearings. 3. Review plans and specifications submitted by the City. 4. Notify the City when right-of-way and/or utility plans are approved and the City may proceed with right-of-way acquisition and/or utility adjustments. 5. Upon receipt of the City's certification of right-of-way (property) ownership, provide the appropriate documentation to the file. 6. Ensure substantial compliance with federal contracting requirements through review of the bidding proposal for inclusion of required federal forms, review of the administration of the DBE program provisions, and general compliance with 23 CFR 635. 7. Advise the City when to proceed with advertisement of the Project for construction bids. 8. Review bid tabulations and concur in award of the construction contract for the Project. 9. Ensure that the City and the City's consultant provide adequate supervision and inspection of the Project by performing periodic inspections with the City's representatives and their consultant to verify that the work being performed by the City's contractor, and documented and certified by the City, meets the requirements of the Project plans, specifications, and all applicable FHWA and Department procedures. The Department intends to perform these inspections, at a minimum, when the construction work is approximately 10% and 50% completed. The Department will also participate in the final inspection of the Project. 10. Review and approve any necessary change orders for project/program eligibility. 11. Reimburse the City 100% (Federal -aid share) for eligible construction costs approved in the CCRR form (Attachment I). This reimbursement will be limited to the maximum Federal -aid amount and to the federal amount available at the time payment is requested. If the payment requested exceeds the Federal -aid available at the time, the difference will be reimbursed as additional Federal -aid for the Project becomes available. 12. Subject to the availability of Federal -aid allocated for the Project, pay the City the remaining amount due upon completion of the Project and submittal of the certified LPA Final Acceptance Report form (Attachment K). 13. Be reimbursed for costs involved in performing all the services listed above. -7- Supplemental ,Agreement Z Between the City of Favetrevilie and the Arkansas Department of'rransp ormtson IT IS FURTHER AGREED that should the City fail to fulfill its responsibilities and assigned duties as related in this Agreement. such failure may disqualify the City from receiving future Federal -aid highway funds. IT IS FURTHER AGREED, that should the City fail to pay to the Department any required funds due for project implementation or fail to complete the Project as specified in this Agreement, or fail to adequately maintain or operate the Project, the Department may cause such funds as may be required to be withheld from the City's Motor Fuel Tax allotment. IN WITNESS WHEREOF, the parties thereto have executed this Agreement this 7 day of _.April 2021 ARKANSAS DEPARTMENT OF TRANSPORTATION Lorie H, Tudor, P.E. Director �a OF FAYETTEVILLE Ifid Jordan Mayor v Kl Williams City Attorney ARK.ANSAS DEPARTMENT OF TRANSPORTATION NOTICE OF",YAi'NDISCRJUNMINATION The Arkansas Department of Transportation (Department) complies with all civil rights provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal financial assistance Therefore, the Department does not discriminate on the basis of race, sex, color, age, national origin, religion (not applicable as a protected group under the Federal Motor Carrier Safety Administration Title VT Program), disability, Limited English Proficiency (LEP), or low-income Status in the admission, access to and treatment in the Department's programs and activities, as well as the Department's hiring or employment practices. Complaints'. alleged discrimination and inquiries regarding the Department's nondiscrimination policies may be directed to Joanna P, McFadden Section dead - EEC)/DBE (ADA/504/Tide VI Coordinator), P. 0. Box 2261, Little Rock, AR 72203, (501) 569-2293. (Voice/TTY 711), or the following email address: j_r4gn4.m, ld rtt Free language assistance for Limited English Proficient individuals is available upon request, This notice is available from the ADA/504/Tide V1 Coordinator in large print, on audiotape and in Braille. ME 0 UNIVERSITY OF ,d,, ARKANSAS Facilities Management March 11, 2022 Chris Brown Public Works Director City of Fayetteville 113 W. Mountain St. Fayetteville, AR 72701 Dear Chris, The University looks forward to the partnership opportunity in the upcoming Razorback Rd Improvements project (BID #22-25) that will complete a second southbound lane between Hotz Avenue and Nolan Richardson Drive. This project will complete a multi -year, multi -phase project that increases transportation capacity and pedestrian safety between 15th Street and North Street along what was previously HWY 112. This project will also include sidewalks, pedestrian lighting, landscaping and a new sanitary sewer line. Per our agreement, the UA Commitment is $1,172,368 which will fund the project requirements beyond the STBGP-A grant of $334,055. The design fees and inspections paid by the UA for this scope of work are not included in this committed amount. The City of Fayetteville will fund the Sanitary Sewer and associate engineering fees and inspections. Sincerely, Scott Turley Associate Vice Chancellor for Facilities B125 Facilities Management • Fayetteville, AR 72701 •479-575-3851 • fama.uark.edu The University of Arkansas is an equal opportunity/affirmative action institution. NWA NORTHWEST ARKANSAS REGIONAL PLANNING COMMISSION Regional 1311 Clayton St., Springdale, Arkansas, 72762 COMMI 51cm • (479) 7517125 • Fax: (479) 7517150 • http.11nwarpc.org February 21, 2021 Mike Johnson Associate Vice Chancellor for Facilities University of Arkansas 425 Administration Building Fayetteville, Arkansas 72701 Re: Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) University of Arkansas Razorback Road Project Award of $334,055 HIP Funding Dear Mr. Johnson: I am pleased to inform you the Razorback Road Project received $334,055 of Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) funding based on the Northwest Arkansas Regional Planning Commission's action on July 22, 2020. The NWARPC/Policy Committee approved the following motion at the July 22, 2020 meeting "...in the event that NWARPCreceives additional funding for FFY 2021, through a stimulus package or other funding, the under funded and non funded projects shown in the Recommended Funding Allocation Table will be eligible to receive potential stimulus funding split proportional to each project. "The NWARPC award of CRRSAA HIP funds to the "non -funded" Razorback Road Project is shown below: NWARPC CRRSAA HIP FUNDING $334,055 (100% Federal) NWARPC would encourage the HIP funds for this project be obligated by the end of Year that ends on September 30, 2021, All required ARDOT submittals and required approvals for this project should be completed by August 15, 2021 in order to allow sufficient time to obligate the HIP funds for this project. As discussed last week with the City of Fayetteville, (owner of Razorback Road), ARDOT, and the University of Arkansas, the University may request/enter into an agreement with the City to carry out the project and for the City to be reimbursed directly by ARDOT for the construction phase of the project. Please note that HIP projects must comply with applicable provisions in Title 23, such as project agreements, authorization to proceed prior to incurring costs, prevailing wage rates (Davis -Bacon); competitive bidding, and other contracting requirements, regardless of whether the projects are located within the right-of-way of a Federal -aid highway. Please let us know if you have any questions or need additional information regarding this program. Sincerely, Tim Conklin Assistant Director CC: Jeff Hawkins, Executive Director Chris Brown, P.E., Fayetteville Public Works Director Daniel Siskowski, P.E., ARDOT Staff Program Management Engineer City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 ENGINEERING (621) 2022 Requestor: Paul Libertini BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: This is a grant funded project in partnership with the University of Arkansas. This BA is to recognize funding from the UA as well as Federal -aid in the amount of $1,434,055. Additionally, the City's W&S Division is funding the Sanitary Sewer Upgrade in the project. DRAFT BA - amounts will change once bid #22-35 has been awarded. COUNCIL DATE: 4/19/2022 LEGISTAR FILE ID#: 2022-0242 Rovy 3la c�v 313112022 10:35 AM Budget Director Date TYPE: D - (City Council) JOURNAL #: RESOLUTION/ORDINANCE GLDATE: CHKD/POSTED: 4/19/2022 TOTAL Account Number 2,677,460 2,677,460 Increase / (Decrease) Expense Revenue Proiect.Sub# Project Sub.Detl AT v.20220314 Account Name 5400.720.5700-5815.00 500,000 - 02017 2101 EX Improvements - Sewer 5400.720.5700-5911.99 5400.720.5700-6602.30 50,000 - - 550,000 02017 02017 2101 2101 EX RE Contingency - Capital Project Transfer from Fund -Impact Fee 2300.720.9300-7602.40 2300.720.9300-4999.99 550,000 - - 550,000 07004 2017.2101 EX RE Transfers To Funds - Water & Sewer Fund Use Fund Balance - Current 4470.800.8835-4420.00 4470.800.8835-5809.00 - 1,434,055 1,577,460 - 06035 06035 2101 2101 RE EX Payments by Property Owners - base Improvements - Street 4470.800.8835-5911.99 143,405 - 06035 2101 EX Contingency - Capital Project H:\Budget Adjustments\2022_Budget\CITY COUNCIL\04-19-22\2022-0242 BA UA_ARDOT Razorback Road.xlsm 1 of 1 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0291 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: A.5 BKD, LLP: A RESOLUTION TO AUTHORIZE MAYOR JORDAN TO SIGN AN ENGAGEMENT LETTER WITH BKD, LLP AND PAY AN AMOUNT NOT TO EXCEED $117,320.00 FOR AUDITING SERVICES FOR THE 2021 AUDIT WHEREAS, on December 5, 2017, the City Council passed Resolution No. 254-17 which authorized a one-year contract with four annual automatic renewals with BKD, LLP for auditing services; and WHEREAS, BKD, LLP has presented an engagement letter describing the services to be provided in the fifth year of this contract that requires Mayor Jordan's signature. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas Mayor Jordan to sign the engagement letter attached to this Resolution confirming the terms of the City's continued engagement of BKD, LLP and further authorizes a payment in an amount not to exceed $117,320.00 for auditing services for the 2021 audit. City of Fayetteville, Arkansas Page 1 Printed on 411312022 City of Fayetteville Staff Review Form 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Marsha Hertweck 3/25/2022 ACCOUNTING & AUDIT (131) Submitted By Submitted Date Division / Department Action Recommendation: Approval of the final year of a five year contract with BKD,LLP for annual audit services for the City's 2021 financial audit. Budget Impact: various Account Number Project Number Fund Project Title Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Yes Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: • FAYETTEVILLE ARKANSAS 3' MEETING OF APRIL 19, 2022 TO: Mayor and City Council FROM: Marsha Hertweck, Accounting Director DATE: March 25, 2022 SUBJECT: BKD, LLP contract CITY COUNCIL MEMO RECOMMENDATION: Approval of the fifth year of a five-year contract with BKD, LLP for annual audit services for the City's 2021 financial audit. BACKGROUND/DISCUSSION The City is required by Arkansas statutes to have an annual financial audit by either Legislative Audit or a Certified Public Accounting firm licensed in Arkansas. The City's bond indentures require the City to utilize the services of a private CPA firm to audit the financial statements. BKD, LLP was selected by the City, following the applicable rules and regulations concerning the procurement of auditing services, for a five-year contract beginning with the 2017 audit. Under the contract BKD will provide an annual audit of the City's financial statements and a review of the City's internal control system as required by state law. In addition, BKD will issue a report on compliance for the City's major federal awards programs and on the internal controls over compliance as required by the Uniform Guidance. The Uniform Guidance program is the primary mechanism used by federal agencies to ensure accountability for federal awards to nonfederal entities. Finally, BKD will also provide technical assistance to the City in producing the Annual Comprehensive Financial Report (ACFR). The ACFR includes the City's financial statements as well as other statistical information. Staff is recommending approval of the contract with BKD, LLP for auditing services for the 2021 annual audit. The fifth year of the contract with BKD has a maximum fee of $117,320. BUDGET/STAFF IMPACT: The cost of the 2021 audit is a maximum of $117,320. The audit has been budgeted in various funds of the City in the 2022 approved budget. Attachments: Staff Review form City Council Memo Engagement Letter Mailing Address: 113 W. Mountain Street www.fayetteville-ar,gov Fayetteville, AR 72701 809 S. 52nd Street, Suite A i P.O. Box 1893 1 Rogers, AR 72757-1893 479,845.0270 1 Fax 479.845.0840 1 hkd.com March 24, 2022 City Council Lioneld Jordan, Mayor Paul Becker, Chief Financial Officer CITY OF FAYETTEVILLE, ARKANSAS 113 W. Mountain Street Fayetteville, AR 72701 We appreciate your selection of BKD, LLP as your service provider and are pleased to confirm the arrangements of our engagement in this contract. Within the requirements of our professional standards and any duties owed to the public, regulatory, or other authorities, our goal is to provide you Unmatched Client Service®. In addition to the terms set forth in this contract, including the detailed Scope of Services, our engagement is governed by the following, incorporated fully by this reference: • Terms and Conditions Addendum Summary Scope of Services As described in the attached Scope of Services, our services will include the following: CITY OF FAYETTEVILLE, ARKANSAS • Audit Services for the year ended December 31, 2021 Attestation Examination Services for the year ended December 31, 2021. Engagement Fees The fee for our services will be $117,320. Included in this fee are travel costs and fees for services from other professionals, if any, as well as an administrative fee of five (5) percent to cover items such as copies, postage and other delivery charges, supplies, technology -related costs such as software licensing, user access, and research tools, and similar expense items. Our fees are based upon the understanding that your personnel will be available to assist us. Assistance from your personnel is expected to include: • Preparing audit schedules to support all significant balance sheet and certain other accounts • Responding to auditor inquiries • Preparing audit confirmation and other letters • Pulling selected invoices and other documents from files • Helping to resolve any differences or exceptions noted ��"'PRAXITY xmyows.ir:g Gux:nas, rito0a9y CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 2 We will provide you with a detailed list of assistance and schedules required and the date such assistance and schedules are to be provided before the audit begins. All schedules should be provided in electronic form unless indicated otherwise. Our timely completion of the audit depends on your timely and accurate schedule and analysis preparation and on the availability of your personnel to provide other assistance. If there are inaccuracies or delays in preparing this material, or if we experience other assistance difficulties that add a significant amount of time to our work, our fees will increase. Our pricing for this engagement and our fee structure are based upon the expectation that our invoices will be paid promptly. Payment of our invoices is due upon receipt. Additional Costs Related to Implementing New Standards Assistance and additional time as a result of the adoption of new standards, such as those listed in the attached New Auditing and Accounting Standards, are not included within our standard engagement fees. These fees will be based on time expended and will vary based on the level of assistance and procedures required. Contract Agreement Please sign and return this contract to indicate your acknowledgment of, and agreement with, the arrangements for our services including our respective responsibilities. BKD, LLP Acknowledged and agreed to as it relates to the entire contract, including the Scope of Services, and Terms and Conditions Addendum, on behalf of CITY OF FAYETTEVILLE, ARKANSAS. Lioneld Jordan, Mayor DATE MR Paul Becker, Chief Financial Officer DATE CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 3 Scope of Services The following apply for all services: Assistance Our timely completion of services depends on the assistance you provide us in accumulating information and responding to our inquiries. Inaccuracies or delays in providing this information or the responses may result in untimely filings or inability to meet other deadlines. Responsibility for We may perform additional services for you that are not covered by this contract. Outcomes You agree to assume full responsibility for the substantive outcomes of the contracted services and for any other services we may provide, including any findings that may result. You also acknowledge these services are adequate for your purposes, and you will establish and monitor the performance of these services to ensure they meet management's objectives. All decisions involving management responsibilities related to these services will be made by you, and you accept full responsibility for such decisions. We understand you have designated (or will) a management -level individual to be responsible and accountable for overseeing the performance of these services, and you have determined (or will) this individual is qualified to conduct such oversight. Additional Costs Our fees do not consider additional efforts driven by the SARS-CoV-2 virus and Related to COVID- the related COVID-19 (COVID-19) environment. Complexities and 19 uncertainties related to various provisions of new laws and the continued issuance of interpretative and procedural guidance from federal agencies may affect our services. Fees related to COVID-19 activities will be billed based on time expended. Additional efforts or services may include: Accounting 'and auditing issues such as collectability of receivables, inventory valuation, compliance with debt agreements, modification of lease terms, additional major programs subject to Single Audit, etc. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 4 Audit Services We will audit the basic financial statements and related notes to the basic financial statements for the following entity(ies) with the objective of expressing an opinion on the financial statements; issuing a report on your compliance based on the audit of your financial statements; issuing a report on your internal control over financial reporting based on the audit of your financial statements; expressing an opinion on your compliance, in all material respects, with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Compliance Supplement that are applicable to each of your major federal award programs; issuing a report on your internal control over compliance based on the audit of your compliance with the types of compliance requirements that are applicable to each of your major federal award programs; and issuing a report on your schedule of expenditures of federal awards: CITY OF FAYETTEVILLE, ARKANSAS as of and for the year ended December 31, 2021. The objectives of our audit are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinion. You have informed us that the audited financial statements are expected to be presented along with the Annual Comprehensive Financial Report (ACFR). Management is responsible for the other information included in the ACFR. The other information comprises the ACFR but does not include the financial statements and our auditor's report thereon. Our opinion on the financial statements will not cover the other information, and we will not express an opinion or any form of assurance thereon. In connection with our audit of the financial statements, our responsibility is to read the other information and consider whether a material inconsistency exists between the other information and the financial statements, or whether the other information otherwise appears to be materially misstated. If, based on the work performed, we conclude that an uncorrected material misstatement of the other information exists, we are required to describe it in our report. We will also express an opinion on whether combining individual fund statements ,and the schedules of expenditures of federal and state awards ("supplementary information") are fairly stated, in all material respects, in relation to the financial statements as a whole. We will also provide you with the following nonattest services: • We will complete the auditee portion of the Form SF -SAC (Data Collection Form) through the Federal Audit Clearinghouse. We will not make the submission on your behalf You will review a draft(s) of the submission prior to transmission and agree that you are solely responsible for approving the final draft for transmission as well as for the auditee submission and certification David Coleman, Partner is responsible for supervising the engagement and authorizing the signing of the report or reports. We will issue a written report(s) upon completion of our audit(s), addressed to the following parties: Entity Name Party Name CITY OF FAYETTEVILLE, ARKANSAS City Council CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 5 You are responsible to distribute our reports to other officials who have legal oversight authority or those responsible for acting on audit findings and recommendations, and to others authorized to receive such reports. The following apply for the audit services described above: Our We will conduct our audit in accordance with auditing standards generally Responsibilities accepted in the United States of America (GAAS), the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require that we plan and perform: The audit of the financial statements to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by fraud or error, and The audit of compliance with the types of compliance requirements described in the OMB Compliance Supplement applicable to each major federal award program to obtain reasonable rather than absolute assurance about whether noncompliance having a direct and material effect on a major federal award program occurred We will exercise professional skepticism throughout the audit. We will identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. We will obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances. We will evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will also conclude, based on audit evidence obtained, whether there are conditions or events considered in the aggregate, that raise substantial doubt about the entity's ability to continue as a going concern for a reasonable period of time. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 6 Limitations & Reasonable assurance is a high level of assurance but is not absolute assurance Fraud and therefore is not a guarantee that an audit conducted in accordance with GAAS will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users made on the basis of these financial statements. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Our understanding of internal control is not for the purpose of expressing an opinion on the effectiveness of your internal control. However, we will communicate to you in writing any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we identify during the audit. Also, in the future, procedures could become inadequate because of changes in conditions or deterioration in design or operation. Two or more people may also circumvent controls, or management may override the system. We are available to perform additional procedures with regard to fraud detection and prevention at your request, subject to completion of our normal engagement acceptance procedures. The actual terms and fees of such an engagement would be documented in a separate contract to be signed by you and BKD, LLP. Opinion Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinion, add an emphasis -of -matter paragraph or other -matter paragraph to our auditor's report, or if necessary, withdraw from the engagement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you. In such circumstances, further arrangements may be necessary to continue our engagement. Your Management and, if applicable, those charged with governance acknowledge and Responsibilities understand their responsibility for the following: For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America (or other basis if indicated in the contract) For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error For identifying and ensuring compliance with the laws, regulations, contracts, and grants applicable to your activities (including your federal award programs) CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 7 To provide us with: o Access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including access to information relevant to disclosures o Additional information that we may request for the purpose of the audit o Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence The results of our tests of compliance and internal control over financial reporting performed in connection with our audit of the financial statements may not fully meet the reasonable needs of report users. Management is responsible for obtaining audits, examinations, agreed -upon procedures, or other engagements that satisfy relevant legal, regulatory, or contractual requirements or fully meet other reasonable user needs. Written As part of our audit process, we will request from management and, if applicable, Confirmations those charged with governance written confirmation acknowledging certain Required responsibilities outlined in this contract and confirming: The availability of this information Certain representations made during the audits for all periods presented The effects of any uncorrected misstatements, if any, resulting from errors or fraud aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole Peer Review Government Auditing Standards require that we provide you with a copy of our Report most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our most recent peer review report accompanies this contract. Supplementary With regard to any supplementary information that we are engaged to report on: Information • Management is responsible for its preparation in accordance with applicable criteria • Management will provide certain written representations regarding the supplementary information at the conclusion of our engagement • Management will include our report on this supplementary information in any document that contains this supplementary information and indicates we have reported on the supplementary information • Management will make the supplementary information readily available to intended users if it is not presented with the audited financial statements Implementation of Unless indicated in our contract, our services and related fees do not include New Standards substantive assistance beyond routine advice related to the adoption of new accounting and reporting standards. Should you require assistance, we will bill you at our standard hourly rates. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 8 Assistance with Transactions or changes in business may require you to apply existing standards Application of differently each year, such as when business operations create new revenue Standards streams, operations are discontinued, liquidity or operational challenges are encountered, business combinations are executed, etc. We welcome your questions throughout the year and are happy to provide general guidance and routine support; however, our engagement does not include substantive effort to assist you with applying standards to these circumstances, unless otherwise indicated in the contract. Attestation Examination Services We will examine the written assertion made by management that the City complied with certain state acts during the year ended December 31, 2021. The objective of our examination is the expression of an opinion in a written report about whether the responsible party's assertion is fairly stated in all material respects with the applicable criteria against which it is measured or evaluated. The criteria to be used consist of the requirements of Arkansas Act 15 of 1985 and the following Arkansas statutes: • Arkansas Municipal Accounting Law of 1973, § 14-59-101 et seq.; • Arkansas District Courts and City Courts Accounting Law, § 16-10-201 et seq.; • Improve contracts, § § 22-9-202 — 22-9-204 • Budgets, purchases, and payments of claims, etc., § 14-58-201 et seq. and § 14-58-301 et seq.; • Investment of public funds, § 19-1-501 et seq.; and • Deposit of public funds, §§ 19-8-101 — 19-8-107 The following apply for the attestation examination services described above: Our We will conduct our examination in accordance with attestation standards Responsibilities established by the American Institute of Certified Public Accountants. Those standards require that we plan and perform the examination to obtain reasonable rather than absolute assurance about whether the subject matter as measured or evaluated against the criteria is free of material misstatement. If we discover conditions that may prohibit us from issuing a standard report, we will notify you. In such circumstances, further arrangements may be necessary to continue our engagement. Limitations & Because of the inherent limitations of an examination engagement, together with Fraud the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the examination is properly planned and performed in accordance with the attestation standards. Our engagement will not include a detailed examination of every transaction and cannot be relied on to disclose all errors, fraud, or illegal acts that may exist. However, we will inform you of any such matters, if material, that come to our attention. Report We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. If we discover conditions which may prohibit us from issuing a standard examination report, we will notify you. In such circumstances, further arrangements may be necessary to continue our engagement. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 10 Your To facilitate our engagement, management is responsible for providing a written Responsibilities assertion about the measurement or evaluation of the subject matter against the criteria, supplying us with all necessary information, and for allowing us access to personnel to assist in performing our services. It should be understood that management is responsible for the accuracy and completeness of these items, for the subject matter and the written assertion(s) referred to above, and for selecting and determining the appropriateness of the criteria. At the conclusion of our engagement, management will provide to us a letter confirming these responsibilities, whether it is aware of any material misstatements in the subject matter or assertion, and that it has disclosed all known events subsequent to the period (or point in time) of the subject matter being reported on that would have a material effect on the subject matter or assertion. Management is responsible for establishing and maintaining effective internal control over financial reporting and setting the proper tone; creating and maintaining a culture of honesty and high ethical standards; and establishing appropriate controls to prevent, deter, and detect fraud and illegal acts. Management is also responsible for identifying and ensuring compliance with the laws and regulations applicable to your activities and for establishing and maintaining effective internal control over compliance. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 11 New Auditing and Accounting Standards Leases Governmental Accounting Standards Board Statement No. 87, Leases, is effective for fiscal years beginning after June 15, 2021. Early application is encouraged. Statement No. 87 establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset. Under this Statement, a lessee is required to recognize a lease liability and an intangible right -to -use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources. We can assist you with the adoption by providing services which may include, but are not limited to: Assessing your readiness by assisting with the evaluation of your: o Current controls and policies o Current internal resources and system capabilities Assisting with changes required to adopt Statement No. 87, including: o Assisting with information gathering to develop an inventory of all lease agreements, service contracts, and other arrangements that may contain right -to -use lease assets o Recommending enhancements to existing controls and policies or suggesting new controls and policies to address Statement No. 87 o Documenting any changes from your previous lease recognition and reporting methods o Drafting the required disclosures The time it will take to perform the above assistance and our additional audit procedures relating to the adoption of the Statement, and any time to assist you with the adoption, may be minimized to the extent your personnel will be available to provide timely and accurate documentation and information as requested by us. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 12 BKD, LLP Terms and Conditions Addendum GENERAL 1. Overview. This addendum describes BKD, LLP's standard terms and conditions ("Terms and Conditions") applicable to Our provision of services to the Client ("You"). The "Terms and Conditions are a part of the contract between You and BKD, LLP. For the purposes of the Terms and Conditions, any reference to "Firm," "We," "US," or "Our" is a reference to BKD, LLP ("BKD"), and any reference to "You" or "Your" is a reference to the party or parties that have engaged Us to provide services. BILLING, PAYMENT, & TERMINATION 2. Billing and Payment Terms. We will bill You for Our professional fees and costs as outlined in Our contract. Interest will be charged on any unpaid balance after 30 days at the rate of 10 percent per annum, or as allowed by law at the earliest date thereafter, and highest applicable rate if less than 10 percent. We reserve the right to suspend or terminate Our work for this engagement or any other engagement for nonpayment of fees. If Our work is suspended or terminated, You agree that We will not be responsible for Your failure to meet governmental and other deadlines, for any penalties or interest that may be assessed against You resulting from Your failure to meet such deadlines, and for any other damages (including but not limited to consequential, indirect, lost profits, or punitive damages) incurred as a result of the suspension or tenmination of Our services. Our fees may increase if Our duties or responsibilities are increased by rulemaking of any regulatory body or any additional new accounting or auditing standards. Our engagement fees do not include any time for post -engagement consultation with Your personnel or third parties, consent letters and related procedures for the use of Our reports in offering documents, inquiries from regulators, or testimony or deposition regarding any subpoena. Charges for such services will be billed separately. 3. Billing Records. If these services are determined to be within the scope and authority of Section 1861(v)(1)(1) of the Social Security Act, We agree to make available to the Secretary of Health and Human Services, or to the U.S. Comptroller General, or any of their duly authorized representatives, such of Our books, documents, and records that are necessary to certify the nature and extent of Our services, until the expiration of four (4) years after the furnishing of these services. This contract allows access to contracts of a similar nature between subcontractors and related organizations of the subcontractor, and to their books, documents, and records. 4. Termination. Either party may terminate these services in good faith at any time for any reason, including Your failure to comply with the terms of Our contract or as We determine professional standards require. Both parties must agree, in writing, to any future modifications or extensions. If services are terminated, You agree to pay BKD for time expended to date. In addition, You will be billed costs and fees for services from other professionals, if any, as well as an administrative fee of four (4) percent to cover items such as copies, postage and other delivery charges, supplies, technology -related costs such as software licensing, user access, and research tools, and similar expense items. DISPUTES & DISCLAIMERS 5. Mediation. Any dispute arising out of or related to this engagement will, prior to resorting to litigation, be submitted for nonbinding mediation upon written request by either party. Both parties agree to try in good faith to settle the dispute in mediation. Unless the parties agree otherwise, the American Arbitration Association ("AAA") will administer any such mediation in accordance with its Commercial Mediation Rules. The mediator will be selected by agreement of the parties. If We cannot agree, a mediator shall be designated by the AAA. The mediation proceeding shall be confidential. Each party will bear its own costs in the mediation, but the fees and expenses of the mediator will be shared equally. Indemnification. Unless disallowed by law or applicable professional standards, You agree to hold BKD harmless from any and all claims which arise from knowing misrepresentations to BKD, or the intentional withholding or concealment of information from BKD by Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. You also agree to indemnify BKD for any claims made against BKD by third parties, which arise from any wrongful actions of Your management or any partner, principal, shareholder, officer, director, member, employee, agent, or assign of Yours. The provisions of this paragraph shall apply regardless of the nature of the claim. Statute of Limitations. You agree that any claim or legal action arising out of or related to this contract and the services provided hereunder shall be commenced no more than one (1) year from the date of delivery of the work product to You or the termination of the services described herein (whichever is earlier), regardless of any statute of limitations prescribing a longer period of time for commencing such a claim under law. This time limitation shall apply regardless of whether BKD performs other or subsequent services for You. A claim is understood to be a demand for money or services, demand for mediation, or the service of suit based on a breach of this contract or the acts or omissions of BKD in performing the services provided herein. This provision shall not apply if enforcement is disallowed by applicable law or professional standards. Limitation of Liability. You agree that BKD's liability, if any, arising out of or related to this contract and the services provided hereunder, shall be limited to the amount of the fees paid by You for services rendered under this contract. This limitation shall not apply to the extent it is finally, judicially determined that the liability resulted from the intentional or willful misconduct of BKD or if enforcement of this provision is disallowed by applicable law or professional standards. Waiver of Certain Damages. In no event shall BKD be liable to You or a third party for any indirect, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of revenue, interruption, loss of use, damage to goodwill or reputation, regardless of whether You were advised of the possibility of such damages, regardless of whether such damages were reasonably foreseeable, and regardless of whether such damages arise under a theory of contract, tort, strict liability, or otherwise. 10. Severability. If any portion of this contract is deemed invalid or unenforceable, said finding shall not operate to invalidate the remainder of the terms set forth in this contract. 11. Assignment. You acknowledge and agree that the terms and conditions of this contract shall be binding upon and inure to the parties' successors and assigns, subject to applicable laws and regulations. 12. Disclaimer of Legal or Investment Advice. Our services do not constitute legal or investment advice. RECORDS, WORKPAPERS, DELIVERABLES, & PROPRIETARY INFORMATION 13. Maintenance of Records. You agree to assume full responsibility for maintaining Your original data and records and that BKD has no responsibility to maintain this information. You agree You will not rely on BKD to provide hosting, electronic security, or backup services, e.g., business continuity or disaster recovery services, to You unless separately engaged to do so. You understand that Your access to data, records, and information from BKD's servers, i.e., BKDconnect, can be terminated at any time and You will not rely on using this to host Your data and records. 14. BKD Workpapers. Our workpapers and documentation retained in any form of media for this engagement are the property of BKD. We can be compelled to provide information under legal process. In addition, We may be requested by regulatory or enforcement bodies (including any State Board) to make certain workpapers available to them pursuant to authority granted by law or regulation. Unless We are prohibited from doing so by law or regulation, BKD will inform You of any such legal process or request. You agree We have no legal responsibility to You in the event We determine We are obligated to provide such documents or information. In addition, You agree to compensate or reimburse BKD for all costs and expenses, including reasonable attorney's fees, associated with BKD's compliance with requests or demands for its workpapers or other information related to this engagement, and for any testimony required by summons or subpoena. 15. Use of Deliverables and Drafts. You agree You will not modify any deliverables or drafts prepared by Us for internal use or for distribution to third parties. You also understand that We may on occasion send You documents marked as draft and understand that those are for Your review purpose only, should not be distributed in any way, and should be destroyed as soon as possible. Our report on any financial statements must be associated only with the financial statements that were the subject of Our engagement. You may make copies of Our report, but only if the entire financial statements (exactly as attached to Our report, including related footnotes and supplementary information, as appropriate) are reproduced and distributed with Our report. You agree not to reproduce or associate Our report with any other financial statements, or portions thereof, that are not the subject of Our engagement. CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 13 have the limited right to use them solely within Your business. All reports, templates, manuals, forms, checklists, questionnaires, letters, agreements, and other documents which We make available to You are confidential and proprietary to Us. Neither You, nor any of Your agents, will copy, electronically store, reproduce, or make any such documents available to anyone other than Your personnel. This provision will apply to all materials whether in digital, "hard copy" format, or other medium. REGULATORY 17. U.S. Securities and Exchange Commission ("SEC") and other Regulatory Bodies. Where We are providing services either for (a) an entity that is registered with the SEC, (b) an affiliate of such registrant, or (c) an entity or affiliate that is subject to rules, regulations, or standards beyond those of the American Institute of Certified Public Accountants ("AICPA"), any term of this contract that would be prohibited by or impair Our independence under applicable law or regulation shall not apply to the extent necessary only to avoid such prohibition or impairment. 18. Offering Document. You may wish to include Our report(s) on financial statements in an exempt offering document. You agree that any report, including any auditor's report, or reference to Our firm, will not be included in any such offering document without notifying us. Any agreement to perform work in connection with an exempt offering document, including providing agreement for the use of the auditor's report in the exempt offering document, will be a separate engagement. Any exempt offering document issued by You with which We are not involved will clearly indicate that We are not involved by including a disclosure such as, "BKD, LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. BKD, LLP also has not performed any procedures relating to this offering document.". 19. BKD Not a Municipal Advisor. BKD is not acting as Your municipal advisor under Section 15B of the Securities Exchange Act of 1934, as amended. As such, BKD is not recommending any action to You and does not owe You a fiduciary duty with respect to any information or communications regarding municipal financial products or the issuance of municipal securities. You should discuss such matters with internal or external advisors and experts You deem appropriate before acting on any such infonnation or material provided by BKD. TECHNOLOGY 20. Electronic Sites. You agree to notify Us if You desire to place Our report(s), including any reports on Your financial statements, along with other information, such as a report by management or those charged with governance on operations, financial summaries or highlights, financial ratios, etc., on an electronic site. You recognize that We have no responsibility to review information contained in electronic sites. 16. Proprietary Information. You acknowledge that proprietary information, documents, materials, management techniques, and 21. Electronic Signatures and Counterparts. This contract and other other intellectual property are a material source of the services We documents to be delivered pursuant to this contract may be executed perform and were developed prior to Our association with You. Any in one or more counterparts, each of which will be deemed to be an new forms, software, documents, or intellectual property We develop original copy and all of which, when taken together, will be deemed during this engagement for Your use shall belong to Us, and You shall to constitute one and the same agreement or document, and will be effective when counterparts have been signed by each of the parties and delivered to the other parties. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in this contract are intended to authenticate this writing and to have the same force and effect as manual signatures. Delivery of a copy of this contract or any other document contemplated hereby, bearing an original manual or electronic signature by facsimile transmission (including a facsimile delivered via the internet), by electronic mail in "portable document format" (".pdf') or similar format intended to preserve the original graphic and pictorial appearance of a document, or through the use of electronic signature software, will have the same effect as physical delivery of the paper document bearing an original signature. 22. Electronic Data Communication and Storage. In the interest of facilitating Our services to You, We may send data over the internet, temporarily store electronic data via computer software applications hosted remotely on the internet, or utilize cloud -based storage. Your confidential electronic data may be transmitted or stored using these methods. In using these data communication and storage methods, We employ measures designed to maintain data security. We use reasonable efforts to keep such communications and electronic data secure in accordance with Our obligations under applicable laws, regulations, and professional standards. You recognize and accept that We have no control over the unauthorized interception or breach of any communications or electronic data once it has been transmitted or if it has been subject to unauthorized access while stored, notwithstanding all reasonable security measures employed by us. You consent to Our use of these electronic devices and applications during this engagement. OTHER MATTERS 23. Third -Party Service Providers. BKD may from time to time utilize third -party service providers, e.g., domestic software processors or legal counsel, or disclose confidential information about You to third - party service providers in serving Your account. BKD maintains, however, internal policies, procedures, and safeguards to protect the confidentiality and security of Your information. In addition, BKD will secure confidentiality agreements with all service providers to maintain the confidentiality of Your information. If We are unable to secure an appropriate confidentiality agreement, You will be asked to consent prior to BKD sharing Your confidential information with the third -party service provider. 24. Independent Contractor. When providing services to You, We will be functioning as an independent contractor; and in no event will We or any of Our employees be an officer of You, nor will Our relationship be that of joint venturers, partners, employer and employee, principal and agent, or any similar relationship giving rise to a fiduciary duty to You. 25. Use of BKD Name. Any time You intend to reference BKD's fine name in any manner in any published materials, including on an electronic site, You agree to provide Us with draft materials for review and approval before publishing or posting such information. 26. Praxity. BKD is an independent accounting firm allowed to use the name "Praxity" in relation to its practice. BKD is not connected, however, by ownership with any other firm using the name "Praxity." BKD will be solely responsible for all work carried out on Your behalf. In deciding to engage BKD, You acknowledge that We have CITY OF FAYETTEVILLE, ARKANSAS March 24, 2022 Page 14 not represented to You that any other firm using the name "Praxity" will in any way be responsible for Our work. 27. BKD Status as LLP. BKD is a registered limited liability partnership under Missouri law. Under applicable professional standards, partners of BKD, LLP have the same responsibilities as do partners in a general accounting and consulting partnership with respect to conformance by themselves and other professionals in BKD with their professional and ethical obligations. However, partners in a registered limited liability partnership do not have individual civil liability, directly or indirectly, for any debts, obligations, or liabilities of or chargeable to the registered limited liability partnership or each other, whether arising in tort, contract, or otherwise. 28. Entire Agreement. The contract, including this Terms and Conditions Addendum and any other attachments or addenda, encompasses the entire agreement between You and BKD and supersedes all previous understandings and agreements between the parties, whether oral or written. Any modification to the terms of this contract must be made in writing and signed by both You and BKD. 29. Force Majeure. We shall not be held responsible for any failure to fulfill Our obligations if such failure was caused by circumstances beyond Our control. 8550 United Plaza Blvd., Ste. 1001 — Baton Rouge, LA 70809 bP&N 225-922-4600 Phone — 225-922-4611 Fax — pnepa,coin Posttethwiite & Nettervitte Postlethwaite & Netterville and Associates, L.L.C. Report on the Firm's System of Quality Control To the Partners of BKD, LLP and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of BKD, LLP (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2020. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American histitute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a System Review as described in the Standards may be found at www.aiepa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act; audits of employee benefit plans, audits performed under FDICIA, an audit of a broker -dealer, and examinations of service organizations [SOC 1 and SOC 2 engagements]. As part of our peer review, we considered reviews by regulatory entities as communicated to the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of BKD, LLP applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2020, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. BKD, LLP has received a peer review rating of pass. �p t�� I 0,0;6e t Baton Rouge, Louisiana November 2, 2020 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0181 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: A.6 AMEND RESOLUTION 33-22: File Type: Resolution A RESOLUTION TO AMEND RESOLUTION 33-22 BY REDUCING THE AMOUNT OF REAPPROPRIATIONS TO THE 2022 BUDGET BY $9,279,035.00, AND TO APPROVE A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Resolution 33-22 by reducing the amount of reappropriations to the 2022 budget by $9,279,035.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 411312022 Kevin Springer Submitted By City of Fayetteville Staff Review Form 2022-0181 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/31/2022 Budget & Information Management/ _ Finance & Internal Services Department Submitted Date Division / Department Action Recommendation: A resolution to amend resolution 33-22, reducing the amount of reappropriations to the 2022 Budget by $9,279,035 and to approve a budget adjustment. Budget Impact: VARIOUS VARIOUS Account Number Fund VARIOUS VARIOUS Project Number Budgeted Item? Yes Does item have a cost? No Budget Adjustment Attached? Yes Purchase Order Number: Change Order Number: Original Contract Number: Comments: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 369,824,109.00 $ 137,237,447.27 $ 232,586,661.73 $ (9,279,035.00) 223,307,626.73 V20180321 Previous Ordinance or Resolution # 33-22 Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor and City Council FROM: Paul A. Becker, Chief Financial Officer DATE: March 31, 2022 CITY COUNCIL MEMO SUBJECT: Amendment to Resolution 33-22 Reducing the Amount of Reappropriations to the 2022 budget by $9,279,035 RECOMMENDATION: To reduce the reappropriation amount added to the 2022 budget pursuant to resolution 33-22 by $9,279,035 due to payments made against the 2021 budget which occurred after the adoption of Resolution 33-22. These amounts are reflected in the attached budget adjustment. DISCUSSION: Each year it is necessary for the City Council to reappropriate funds to the new budget because of items that were previously approved which were not yet completed or which were appropriated for future time periods. This was done in 2022 pursuant to resolution 33-22 adopted at the 2/1/2022 City Council meeting. After that meeting, payments were submitted and processed for work done or services provided before December 31, 2021. Therefore, these payments were appropriately booked as expenditures against the 2021 budget as required by Generally Accepted Accounting Principles. Many of these expenditures were large in amount and if the appropriations approved for their payment in 2022 is not reduced, it would result in over appropriation of and possible deficits in 2022 individual funds. Therefore, this request (if approved) will adjust the affected budgets to reflect appropriations no longer needed. BUDGET/STAFF IMPACT: The financial impact of approving this resolution is a decrease the reappropriations and thus the total 2022 expenditure budget by $9,279,035 pursuant to the attached budget adjustment. ATTACHMENTS: Staff Review Form Budget Adjustment Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division /Org2 Non -Departmental (800) 2022 Adjustment Number Requestor: Kevin Springer 22-BU1 BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: A resolution to amend resolution 33-22, reducing the amount of reappropriations to the 2022 Budget by $9,279,035 and to approve a budget adjustment. RESOLUTION/ORDINANCE COUNCIL DATE: 4/19/2022 LEGISTAR FILE ID#: 2022-0181 KP,vLwSpv'i+� 313112022 3:41 PM Budget Director Date TYPE: D - (Reappropriations) JOURNAL #: GLDATE: CHKD/POSTED: TOTAL (9,279,035) (9,279,035) v.20220314 Increase / (Decrease) Proiect.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 1010.200.2920-5120.00 (21,213) - 31607 2022.4309 EX Personnel Other - Contra 1010.200.2920-5120.00 (8,627) 31607 2021.4309 EX Personnel Other - Contra 1010.200.2920-5210.00 (4,831) 37042 2020 EX Minor Equipment 1010.200.2920-5210.00 (265) 39022 2018 EX Minor Equipment 1010.200.2920-5210.00 1,644 37042 2019 EX Minor Equipment 1010.200.2920-5304.00 (3,920) 39022 2018 EX Travel & Training 1010.200.2920-5304.00 (2,198) 39022 2021 EX Travel & Training 1010.200.2920-5304.00 (441) 39022 2019 EX Travel & Training 1010.200.2920-5304.00 (385) 39022 2020 EX Travel & Training 1010.200.2920-5329.00 (150) 33044 6 EX Recognition - Employee 1010.300.3020-5329.00 (26) 36029 1 EX Recognition - Employee 1010.520.5260-5210.00 (508) 33051 4 EX Minor Equipment 1010.520.5280-5130.00 (149) 32102 EX Extra Services - Personnel 1010.520.5280-5342.00 (681) 33051 1001 EX Promotionals - Activities 1010.671.2740-5315.00 (218) 33048 1 EX Contract Services 1010.671.2740-5400.00 (207) 33048 1 EX Building & Grounds - Maintenance 2180.642.4945-5390.01 (214) 32003 1 EX CDBG Projects - Community Outreach Prc 2230.631.8006-5314.00 (47,441) 31708 1701 EX Professional Services 2230.631.8006-5860.02 (4,305) 31708 7800 EX Capital Prof Svcs - Engineering/Architectu 2250.520.9255-5806.00 (88,816) 46050 7501 EX Improvements - Park 2250.520.9255-5806.00 (908) 13001 1803 EX Improvements - Park 2250.520.9255-5806.00 (260) 13001 1801 EX Improvements - Park 2250.520.9255-5819.00 (9,152) 16004 1801 EX Improvements - Parking Lot H:\Budget Adjustments\2022_Budget\CITY COUNCIL\04-19-22\2022-0181 BA REBUDGET Adjustments.Asm 1 of 4 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 2300.200.9300-5210.00 (125,552) 17009 1 EX Minor Equipment 2300.720.9300-7602.40 (2,557,500) 07002 2009.2101 EX Transfers To Funds - Water & Sewer Func 2300.730.9300-7602.40 (1,096,279) 07004 2017.2102 EX Transfers To Funds - Water & Sewer Func 4470.140.8900-5805.00 (504) 46080 7830 EX Land - Acquisition 4470.170.8170-5315.00 (1,619) 13008 7000.7200 EX Contract Services 4470.200.8200-5210.00 (886) 02062 1 EX Minor Equipment 4470.200.8200-5210.00 125,552 17009 1 EX Minor Equipment 4470.300.8300-5400.00 (2,510) 02006 1 EX Building & Grounds - Maintenance 4470.300.8300-5802.00 (625,472) 03019 1 EX Vehicles & Equipment - base 4470.410.8410-5211.00 (563) 02052 3 EX Street Marking Materials 4470.410.8410-5404.00 (6,369) 02063 1 EX Maintenance - Traffic Control 4470.410.8410-5417.00 (6,057) 02052 1 EX Maintenance - Street 4470.410.8410-5418.00 803 02053 1 EX Maintenance - Sidewalk 4470.410.8410-5814.00 (9,664) 02053 1 EX Improvements - Sidewalks 4470.520.8520-5314.00 (925) 18022 1 EX Professional Services 4470.520.8520-5806.00 (12,752) 08001 1 EX Improvements - Park 4470.621.8810-5314.00 (33,313) 02097 2015 EX Professional Services 4470.621.8810-5314.00 (9,995) 02108 2101 EX Professional Services 4470.621.8810-5314.00 (9,968) 17008 1 EX Professional Services 4470.621.8810-5314.00 (1,464) 02108 2002 EX Professional Services 4470.621.8810-5817.00 138 02108 1 EX Improvements - Bridge & Drainage 4470.800.8820-5809.00 (25,284) 02116 1 EX Improvements - Street 4470.800.8830-5211.00 276 02016 1002 EX Street Marking Materials 4470.800.8830-5330.05 (40,701) 02016 1 EX Labor charges 4470.800.8830-5420.00 (13,738) 02016 1301 EX Trail Maintenance 4470.800.8830-5814.05 (6,354) 02016 2003 EX Improvements - Trails 4470.800.8835-5809.00 (10,140) 06035 7213 EX Improvements - Street 4470.800.8835-5860.02 (28,038) 06035 7213 EX Capital Prof Svcs - Engineering/Architectu 4470.800.8900-5210.00 (10,838) 19006 1 EX Minor Equipment 4601.860.7600-5809.00 1 46060 7600 EX Improvements - Street 4601.860.7600-5860.02 (39,661) 46060 7600 EX Capital Prof Svcs - Engineering/Architectu 4601.860.7800-5804.00 (12,000) 46080 7800 EX Building Costs 4602.860.7000-5301.00 (685) 46020 7000 EX Public Notification 4602.860.7210-5809.00 (407) 46020 7210.2000 EX Improvements - Street 4602.860.7211-5860.02 (2,835) 46020 7211 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7212-5860.02 (114) 46020 7212 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7213-5809.00 (2,534) 46020 7213 EX Improvements - Street 4602.860.7213-5860.02 (7,010) 46020 7213 EX Capital Prof Svcs - Enginee ring/Architectu 4602.860.7214-5814.00 (10,562) 46020 7214.1010 EX Improvements - Sidewalks 4602.860.7219-5860.02 (467) 46020 7219 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7221-5860.02 (26,377) 46020 7221.1020 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7221-5860.02 (18,438) 46020 7221.1000 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7224-5860.02 (11,713) 46020 7224 EX Capital Prof Svcs - Engineering/Architectu 4602.860.7252-5417.00 (1,446) 46020 7252 EX Maintenance - Street 4603.860.7000-5860.03 (1) 46030 7000 EX Capital Prof Svcs - Internal Support 4603.860.7301-5860.02 (493) 46030 7301 EX Capital Prof Svcs - Engineering/Architectu 4603.860.7800-5860.02 (52,883) 46030 7800 EX Capital Prof Svcs - Engineering/Architectu 4604.860.7000-5307.00 (3) 46040 7000 EX Audit Expense 4604.860.7410-5860.02 (607) 46040 7410.1000 EX Capital Prof Svcs - Engineering/Architectu 4604.860.7420-5860.02 (8,330) 46040 7420.1000 EX Capital Prof Svcs - Engineering/Architectu H:\Budget Adjustments\2022_Budget\CITY COUNCIL\04-19-22\2022-0181 BA REBUDGET Adjustments.xlsm 2 of 4 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 4605.860.7000-5860.03 (330) 46050 7000 EX Capital Prof Svcs - Internal Support 4605.860.7501-5806.00 (20,384) 46050 7501 EX Improvements - Park 4605.860.7501-5860.02 (648) 46050 7501 EX Capital Prof Svcs - Engineering/Architectu 4605.860.7520-5860.02 (2,739) 46050 7520.4000 EX Capital Prof Svcs - Engineering/Architectu 4606.860.7600-5860.02 (9,916) 46060 7600 EX Capital Prof Svcs - Engineering/Architectu 4608.860.7000-5860.03 (3,305) 46080 7000 EX Capital Prof Svcs - Internal Support 4608.860.7800-5804.00 (642,658) 46080 7800 EX Building Costs 4608.860.7800-5860.02 (37,549) 46080 7800 EX Capital Prof Svcs - Engineering/Architectu 4608.860.7999-5899.00 (432) 46080 7999 EX Unallocated - Budget 4609.860.7000-5860.03 (536) 46090 7000 EX Capital Prof Svcs - Internal Support 4609.860.7900-5804.00 (1,498,706) 46090 7900.8040 EX Building Costs 4609.860.7900-5860.02 (52,043) 46090 7900.8630 EX Capital Prof Svcs - Engineering/Architectu 4609.860.7900-5860.02 (25,055) 46090 7900.8040 EX Capital Prof Svcs - Engineering/Architectu 4609.860.7900-5860.02 (5,478) 46090 7900.8315 EX Capital Prof Svcs - Engineering/Architectu 4610.860.7000-5860.03 (110) 46100 7000 EX Capital Prof Svcs - Internal Support 4610.860.7108-5210.00 (424) 46100 7108.8802 EX Minor Equipment 4610.860.7108-5804.00 (127,865) 46100 7108.8040 EX Building Costs 4610.860.7108-5860.02 (3,592) 46100 7108.8630 EX Capital Prof Svcs - Engineering/Architectu 4610.860.7109-5804.00 (377,542) 46100 7109.8040 EX Building Costs 4610.860.7109-5860.02 (3,027) 46100 7109.8630 EX Capital Prof Svcs - Engineering/Architectu 5400.720.1840-5210.00 (69,507) 13019 1 EX Minor Equipment 5400.720.1840-5314.00 (9,079) 02064 1 EX Professional Services 5400.720.1840-5314.00 (104) 02066 1801 EX Professional Services 5400.720.1840-5811.00 (12,335) 02065 1 EX Water Meters 5400.720.5600-5314.00 (25,045) 12009 1 EX Professional Services 5400.720.5600-5314.00 (13,865) 17003 1 EX Professional Services 5400.720.5600-5314.00 (9,833) 12009 1801 EX Professional Services 5400.720.5600-5314.00 (9,240) 14010 1 EX Professional Services 5400.720.5600-5314.00 (6,111) 11011 2102 EX Professional Services 5400.720.5600-5314.00 (4,424) 18015 1 EX Professional Services 5400.720.5600-5314.00 (2,751) 11011 2101 EX Professional Services 5400.720.5600-5314.00 (1,912) 11011 1 EX Professional Services 5400.720.5600-5314.00 (1,809) 12009 1901 EX Professional Services 5400.720.5600-5314.00 (613) 10006 1 EX Professional Services 5400.720.5600-5808.00 (419,716) 12009 1801 EX Improvements - Water Line 5400.720.5600-5808.00 (157,826) 12009 1 EX Improvements - Water Line 5400.720.5600-5808.00 (76,420) 11011 2001 EX Improvements - Water Line 5400.720.5700-5210.00 (47,525) 02017 1901 EX Minor Equipment 5400.720.5700-5314.00 (17,840) 02017 1 EX Professional Services 5400.720.5700-5314.00 (8,315) 11011 1801 EX Professional Services 5400.720.5700-5314.00 (6,111) 11011 2102 EX Professional Services 5400.720.5700-5314.00 (917) 11011 2101 EX Professional Services 5400.720.5700-5815.00 (145,080) 02017 2020 EX Improvements - Sewer 5400.720.5700-5815.00 (79,846) 02017 2102 EX Improvements - Sewer 5400.720.5700-5815.00 (71,370) 02017 2001 EX Improvements - Sewer 5400.730.5800-5314.00 (6,292) 13018 1 EX Professional Services 5400.730.5800-5400.00 (6,027) 02032 1 EX Building & Grounds - Maintenance 5400.860.5600-5860.02 (91) 11011 2019.7224 EX Capital Prof Svcs - Engineering/Architectu 5550.760.3960-5314.00 (415) 15029 1 EX Professional Services 9700.770.1920-5301.00 (109) 02079 2021 EX Public Notification H:\Budget Adjustments\2022_Budget\CITY COUNCIL\04-19-22\2022-0181 BA REBUDGET Adjustments.xlsm 3 of 4 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 9700.770.1920-5802.00 (180,000) 02079 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (130,000) 02076 2022 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (35,000) 02077 2022 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (6,679) 02082 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (2,521) 02081 2020 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (674) 02083 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (576) 02078 2020 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (515) 02078 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (434) 02081 2021 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (92) 02080 2020 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (63) 02076 2020 EX Vehicles & Equipment - base 9700.770.1920-5802.00 (62) 02080 2019 EX Vehicles & Equipment - base 1010.001.0001-4999.97 - (49,045) RE Use Fund Balance - Prior 2180.642.4930-4999.97 - (214) RE Use Fund Balance - Prior 2230.900.0923-4999.97 - (51,746) RE Use Fund Balance - Prior 5550.760.3940-4999.97 - (415) RE Use Fund Balance - Prior 2250.520.9250-4999.97 - (269,136) RE Use Fund Balance - Prior 9700.770.1910-4999.97 - (356,725) RE Use Fund Balance - Prior 4470.001.9470-4999.97 - (730,385) RE Use Fund Balance - Prior 4602.860.7000-4999.97 - (82,588) RE Use Fund Balance - Prior 4603.860.7000-4999.97 - (53,377) RE Use Fund Balance - Prior 4604.860.7000-4999.97 - (8,940) RE Use Fund Balance - Prior 4605.860.7000-4999.97 - (24,101) RE Use Fund Balance - Prior 4606.860.7000-4999.97 - (9,916) RE Use Fund Balance - Prior 4608.860.7000-4999.97 - (683,944) RE Use Fund Balance - Prior 4609.860.7000-4999.97 - (1,581,818) RE Use Fund Balance - Prior 4610.860.7000-4999.97 - (512,560) RE Use Fund Balance - Prior 5400.720.4000-4999.97 - (1,210,004) RE Use Fund Balance - Prior 2300.200.9300-4999.97 - (125,552) RE Use Fund Balance - Prior 2300.720.9300-4999.97 - (2,557,500) RE Use Fund Balance - Prior 2300.730.9300-4999.97 - (1,096,279) RE Use Fund Balance - Prior 4601.860.7800-4309.00 (12,000) 46080 7800 RE Federal Grants - Capital 4601.860.7600-4309.00 (39,660) 46060 7600 RE Federal Grants - Capital 1010.300.3020-4308.00 6,870 33047 900 RE Public Safety Acts - Fire Act 833 2250.520.9255-4309.00 170,000 13001 1802 RE Federal Grants - Capital H:\Budget Adjustments\2022_Budget\CITY COUNCIL\04-19-22\2022-0181 BA REBUDGET Adjustments.xlsm 4 of 4 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0184 Agenda Date: 4/19/2022 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2022-003 (2235 W. WEDINGTON DR./PAGLIANI): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-003 LOCATED AT 2235 WEST WEDINGTON DRIVE FOR APPROXIMATELY 0.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre. 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 411312022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0184 Legistar File ID 3/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/25/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000003: Rezone (2235 W. WEDINGTON DR./PAGLIANI, 442): Submitted by PABLO PAGLIANI for property located at 2235 W. WEDINGTON DR. in Ward 4. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: February 25, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000003: Rezone (2235 W. WEDINGTON DR./PAGLIANI, 442): Submitted by PABLO PAGLIANI for property located at 2235 W. WEDINGTON DR in Ward 4. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located at 2235 W. Wedington Drive, approximately'/2 mile to the east of the 1-49 interchange. Containing 0.43 acres, the property currently has a single-family dwelling that County records indicate was constructed in 1956. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. The applicant has indicated an intent to develop duplexes on the property. Public Comment: Staff received no public comment regarding this request. Land Use Compatibility: From a current land use standpoint, the request is not readily compatible with its immediate surroundings. The property is surrounded by single-family zoning and single- family dwellings, with a highly regular lot configuration and setback pattern that currently meets that underlying zoning district. Most homes in the surrounding area are single -story, though the current zoning district allows for structures up to three stories. RSF-4 also requires a 15-foot front setback, while RI-12 requires a 0- to 25-foot build -to -zone, which would potentially introduce a varying setback pattern from the immediate surroundings. The introduction of a build -to -zone in the area, however, begins to set a precedent toward a more walkable urban form along this stretch of N. Wedington Drive. From a use perspective, the uses permitted in the RI-12 zoning district are typically compatible with single-family dwellings, including 2-, 3- and 4- family dwellings. The neighborhood and site in question are also directly located on N. Wedington Drive, which is a Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Regional Link Street, indicating that single-family uses may not be the highest and best use for the area in general. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for a variety of housing types. The infill score also suggests that strictly single-family zoning does not necessarily make the most sense for the area overall. Increasing the available housing types would align with City Plan goal #6 of increasing additional opportunities for housing in the area, and would help align with the City's goal of making appropriate infill and revitalization the highest priority. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #7, 835 N. Rupple Rd) • Near Sewer Main (Southern property line) • Near Water Main (W. Wedington Drive) • Near Public School (Asbell Elementary School) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Off-street Trail section SE of 1-49) • Near Razorback Bus Stop (Route 35) DISCUSSION: At the February 14, 2022 Planning Commission meeting, a vote of 8-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sharp made the motion and Commissioner Winston seconded. Commissioners contemplated the possibility of a future alley at the rear of the property to connect Lonnie Avenue and Sang Avenue, though found the request to be compatible without that alley currently. Commissioners recognized that strictly single-family zoning along this portion of Wedington Drive was not the likeliest future for the area. Commissioner Garlock, voting in opposition to the request, expressed concern with future traffic considerations and difficulties making left-hand turns from the site in question. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-000003 Close Up View Pagliani VALLEY HATFIELD ST DR 0 � W NS-L F- W O ----a ---------- W Q W z z O J Regional Link Neighborhood Link - Regional Link - High Activity Planning Area U - -, Fayetteville City Limits Trail (Proposed) WE i i i Subject Property I 4IDR-_=_=mLI RSF-4 Feet 0 75 150 300 450 1 inch = 200 feet M. i ORA DR ff i _ i W iQi i O i i --- NORTH- RSF-4 Urban Thoroughfare Neighborhood Services - Ltd. Legal Description: FOR 1996: PT NW SW 0.43 AC FURTHER DESCRIBED FROM 2021-39179 AS: Part of the Northwest Quarter of the Southwest Quarter of Section Eight (8), Township Sixteen (16) North, Range Thirty (30) West, being more particularly described as beginning at a point which is 7 feet South and 661 feet East of the Northwest corner of 40 acre tract, thence East 80 feet, thence South 250 feet, thence West 80 feet, thence North 250 feet to the point of beginning. LESS AND EXCEPT Starting at the Southwest corner of Section 8; thence. North, 00 degrees 14 minutes 17 seconds East along the West line of Section 8 a distance of 2,618.12 feet to a point; thence South 89 degrees 38 minutes 15 seconds East a distance of 47.76 feet to a point on the existing Southerly right of way line of State Highway 1125; thence continue South 89 degrees 38 minutes 15 seconds East along said existing right of way a distance of 248.74 feet to a point; thence South 89 degrees 40 minutes 27 seconds East along said existing right of way line a distance of 89.85 feet to a point; thence South 89 degrees 32 minutes 14 seconds East along said existing right of way line a distance of 89.89 feet to a point; thence South 89 degrees 42 minutes 04 seconds East along said existing right of way line a distance of 90.13 feet to a point; thence South 89 degrees 28 minutes 53 seconds East along said existing right of way line distance of 90.02 feet for the point: of beginning; thence South 89 degrees 38 minutes 54 seconds East along said existing right of way line, a distance of 80.00 feet to a point; thence South 00 degrees 17 minutes 47 seconds West a distance of 15.25 feet to a point on the proposed Southerly right of way line of State Highway 1125; thence North 89 degrees 37 minutes 41 seconds West along said proposed right of way line a distance of 80.01 feet to a point; thence North 00 degrees 17 minutes 57 seconds: East a distance of 15.23 feet to the point of beginning, containing 0.03 acres, more or less, in the exception. CITY OF ti FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: February 14, 2022 Updated with PC hearing results from 2/14/2022 SUBJECT: RZN-2022-000003: Rezone (2235 W. WEDINGTON DR./PAGLIANI, 442): Submitted by PABLO PABLIANI for property located at 2235 W. WEDINGTON DR. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-000003 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000003 to City Council with a recommendation of approval." BACKGROUND: The subject property is located at 2235 W. Wedington Drive, approximately'/2 mile to the east of the 1-49 interchange. Containing 0.43 acres, the property currently has a single-family dwelling that County records indicate was constructed in 1956. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Sing e-Farnily Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. The applicant has indicated an intent to develop duplexes on the property. Public Comment: Staff has not received any public comment on this item. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Wedington Drive. W. Wedington Drive is a fully improved Regional Link street with asphalt paving, sidewalk, and curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 1 of 16 Water: Public water is available to the subject area. An existing 8-inch water main is present along the south side of W. Wedington Drive. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along the south side of the subject property. 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 Rd., protects this site. The property is located approximately 1.7 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 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. 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 site is located within a FEMA floodplain, nor is there a protected stream in the area. No hydric soils are present on the site, and no portion of the site lies within the Hillside Hilltop Overlay District. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre requires 25% minimum canopy preservation. The proposed zoning district of RI- 12, Residential Intermediate, 12 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 Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #7, 835 N. Rupple Rd) • Near Sewer Main (southern property line) Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 2 of 16 • Near Water Main (W. Wedington Drive) • Near Public School (Asbell Elementary School) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (On -Street Marked Shared Roadway, Valley Drive) • Near Razorback Bus Stop (Route 35) 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: From a current land use standpoint, the request is not readily compatible with its immediate surroundings. The property is surrounded by single-family zoning and single-family dwellings, with a highly regular lot configuration and setback pattern that currently meets that underlying zoning district. Most homes in the surrounding area are single - story, though the current zoning district allows for structures up to three stories. RSF-4 also requires a 15-foot front setback, while RI-12 requires a 0- to 25-foot build -to -zone, which would potentially introduce a varying setback pattern from the immediate surroundings. The introduction of a build -to - zone in the area, however, begins to set a precedent toward a more walkable urban form along this stretch of N. Wedington Drive. From a use perspective, the uses permitted in the RI-12 zoning district are typically compatible with single-family dwellings, including 2-, 3- and 4- family dwellings. The neighborhood and site in question are also directly located on N. Wedington Drive, which is a Regional Link Street, indicating that single-family uses may not be the highest and best use for the area in general. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for a variety of housing types. The infill score also suggests that strictly single-family zoning does not necessarily make the most sense for the area overall. Increasing the available housing types would align with City Plan goal #6 of increasing additional opportunities for housing in the area, and would help align with the City's goal of making appropriate infill and revitalization the highest priority. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 to RI-12 maintains the site's agreement with the "Residential Neighborhood" designation, which calls out for a wide variety of housing types of appropriate scale and context. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to RI-12 would increase the allowable density on the site from 4 units per acre (1 unit on the 0.43 acre site) to 12 Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 3 of 16 units per acre (up to 5 units), though given the overall size of the site, and associated development requirements (parking, landscaping, access), staff does not find that the ultimate added density would appreciable increase traffic danger or congestion. However, it is worth noting that W. Wedington Drive is a Regional Link Street, which typically requires a curb separation distance of 250 feet for 2-family dwellings and above; any development above a single-family dwelling would likely be in conflict with the City's access management standards, and variances may be necessary with any future development above single-family. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-12 would certainly increase the potential population at the site, but staff does not find that it would be to an undesirable degree; staff finds that given the City's growth and moderately high infill score, this rezoning would be an incremental step in providing more options for housing. The Fayetteville Public School district did not comment on the request. 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 approval of RZN-2022-000003. (PLANNING COMMISSION ACTION: Required YES Date: February 14, 2022 O Tabled A Forwarded O Denied Motion: Sharp (Second: Winston (Vote: 8-1-0 (Garlock voted no with a recommendation of approval. Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 4 of 16 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 5 of 16 Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-2 1) 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." 161.11 District RI-1 2, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 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 Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 6 of 16 Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single 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* * 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. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) 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(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; 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. 5592, 06-18-13; 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 , §§4, 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." Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 7 of 16 2235 W Wedington Rezoning Proposal Hello! We are Pablo and Lisa Pagliani and applying for a rezoning request from RSF-4 to RI-12 for our property on 2235 W Wedington here in Fayetteville. As local Fayetteville residents who love and care for our city, we hope to continue to find ways to improve, give back and build our city. We hope that the information we provide below will clearly support our request for approval. Our request is for approval to build 2 duplexes (4 units) on this 0.43 acre piece of land. Supporting Compatibility Information: Growing population — housing need • Washington County Population grew by +21.1% 2010 — 2020 but Housing Units only grew by +14.5 % o Source: 2021 State of the Northwest Arkansas Region Report • City of Fayetteville grew 27.7% 2010 — 2020 but Housing Units only grew by +21.0% o Source: 2021 State of the Northwest Arkansas Region Report • University of Arkansas enrollment for Fall 2021 was a RECORD BREAKING total of 29,068 o There has never been this amount of students enrolling in 150 years o New Freshmen Applications for Fall 2022 are up +22% vs a year ago ■ UA is seeing a strong increase in in -state students but double digit increase in numbers from out of state students from TX, OK, MO and LA who will all be seeking housing ■ This means that next year looks as strong if not stronger than current year • In 25years, the Arkansas Economic Development Institute at the University of Arkansas at Little Rock expects NWA to hit almost a 1MM population. Benton County is predicted to have 545,893 and Washington County 428,382. With Fayetteville making up 140,000 of that. o Garner Stoll, development services director in Fayetteville talks about being strategic in thinking ahead on where high density will be needed. "We're actively trying to find locations for housing," he said. "Our zoning policies encourage in -fill and a little more dense development than is typical to better use our limited land, utilities and infrastructure." o Source: https://www.arkansasonline.com/news/2020/apr/13/planners-consider-how- to-fit-1-mil Ilion/ • A traditional pattern, typical since the 1950s, has been for cities to expand laterally, and we have seen this happen here in Northwest Arkansas. Over time, many cities including Fayetteville will use up the majority of the remaining empty land, at which point our only options are to infill or start going up. Since this is going to happen, where do we want it to occur? • It is inevitable that Fayetteville will have to continue to find ways to accommodate for population growth. In order for Fayetteville to not have to accommodate the entire population growth over the entire city, which would mean higher costs and more projects to our water and sewer and other utilities and roads, we should look at the higher -density areas. I believe one of these areas in Fayetteville is Wedington drive. It's a location where infrastructure is already developing to accommodate for its growth. Wedington drive is a major Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 8 of 16 four lane regional link in Fayetteville which means it will also continue to lend itself to future mixed use zoning and higher -density housing. • This centrally located property, sitting just 1 minute from 149 on Wedington drive (4-lane highway) and minutes from the University of Arkansas will continue to be a part of a high - density area. The decision to build multifamily in its place is both addressing a current and future need. To build a brand new single family home in its place is definitely not addressing future growth and density needs. Rising home prices resulting in the need for rentals - affordability • Avg home prices in NWA rose by 16.2% to +$306K in the first half of 2021 vs year ago while Multi -family leases have increased by +5.4% to $768/month vs a year ago o Source: Talkbusiness.net, Aug 2021 • Multifamily vacancy rate has fallen to 3.4% in the first half of 2021 vs. 5% in the second half of 2020. o Source: Talkbusiness.net, Aug 2021 • According to CBER Director Mervin Jebaraj stated "... housing costs are rising faster than incomes." This is happening at a national rate but we are seeing it at an even more rapid pace here locally o CBER: Center with FDA that regulates biological products for human use. CBER protects and advances the public health by ensuring that biological products are safe and effective and available to those who need them. o Source: Talkbusiness.net, Aug 2021 • There is a great and growing need for affordable, multi -family housing for local Fayetteville residents whether they are native to the area, professors, students or business professionals to find centrally located rentals. Whether the increasing house market has made a down payment and house purchase out of reach, or an individual needs a shorter term option and doesn't want to be tied to a house purchase due to timing of school— this property is in the exact location to meet both of those needs Surrounding area supports a duplex This location is prime for a duplex due to a number of non -single family homes within walking distance to this property. This location is not a traditional, quiet, single family home neighborhood. It sits on a 4- lane highway and surrounded by growing businesses and other multi -family properties List of non -single family home options within walking distance to 2235 Wedington • Key lock business (C&E lock and safe) - 400 feet away • Acupuncture(Health & Harmony Oriental Medical Clinic) — 0.2 miles away • Grace Cumberland Presbyterian Church — 0.2 miles away • Casey's General Store — 0.4 miles away • Arts Live theatre — 0.3 miles away Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 9 of 16 • Fitness One — 0.4 miles away • Cross Church Fayetteville campus — 0.5 miles away • University of Arkansas — 0.9 miles away • 400 feet from the UA bus stops • 0.5 miles from 149 connected by a 4 lane highway (Wedington Drive) • Existing example and precedent of multi -family within a residential neighborhood: 1130 N Turner Ave. (zone RMF-24) completely surrounded by RSF-4 • Other nearby examples of multi -family housing includes duplexes on W. Holly St, N. Lancelot Ave., N Sang St. • Infill score = 7 • 2235 Wedington is not a typical residential neighborhood. It currently sits on a 4-lane highway just minutes from the University and right next to a UA bus stop. This area is already mixed use with an acupuncture office, locksmith, church, gym, and gas station all within walking distance. There are numerous multifamily homes within just blocks of this property with an entire road of duplexes only 0.2 miles away (N. Lancelot Avenue). Improve curb appeal • A lot of the close surrounding, single family homes sitting next to 2235 Wedington Drive have become dilapidated. Our proposal will enhance the area. • Contiguous properties on both sides of our proposed duplex are rental properties. • Current design will give even more space between building and neighboring homes on either side improving visual appeal • This request appeals to the Urban design and infill that the city is already pursuing in this area • Site plan design of two duplex buildings will have a similar scale and distance from the road as neighboring houses. • This block of homes is older, run down and in poor condition. They are eye -sores in a highly visible part of town and road. Most of the homes will likely result in demolition due to unlivable conditions once current residents move out. We have personally seen neighboring homeowners work to improve their properties when we remodel ours. Our duplex will have an urban feel, it will blend into the single family current home profile due to orientation to the road and will hopefully inspire surrounding property owners to improve their property. Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 10 of 16 ilk . spry m i;, � C ❑_ R � x N CL 0 CL k m ass + D c o }' E -❑ ❑ m a) m N ❑ m= m o m 'a _ + is -a � — ,� Q co to LA ,O >, Cr3 N 0 0 0 ca Q " 7 a N 0 U laU v by ❑ ❑ ❑ ❑ N 0] ❑ _ -❑ 'Y� U C 47 .� it O ca ❑ C N 'y [G ❑ iG ❑ ❑ O ❑ a = N .. N = CO] Q N .= N (U L) Q bA j R1 U LLl _ (1) 0 ❑ QnnaNi `� cZc') N ❑- C ++ ❑ CN ❑ N +J �^ CV w= o r a a' 04 a, 0 CO TS — � E 3 U ❑ ++ ❑ � qj • r+ C acin,u��� o LO ❑ i d a� fG ❑ a] X 0 cr Q L v d ❑ CM a,toC? cu Q ❑ cu _ r tM 7 a1 y C a) O ❑ ❑ ❑ ❑ 7 ' cu 7 La 0 N r ca E 0a N = CL _' N ru N N T a7 N O CD cc d:3❑ a) p (AM w_0 LL 7 1pp bA = M ❑ 74 C -0 f17 = N O ❑ [� (9 is O O n ,� _ ❑ bt7 a _ 0 x a ru Q cu N Q Y N 3 ❑ a) _ +, w o a) m 0 ❑_ -I--U x x O 'y 0 C !7 +' Ln a " T c � a7 .❑ (SS a7 N S4 v ❑_- ❑ M CV c — c N� E m N ❑ ❑ _ ._ o° b x R , L 0 °>' }} _CL = WID _ fCf 7� N U '❑ ❑ �-'' - M 0 0-- o 0;:3 b -J E Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 11 of 16 VISUALS Example of a Duplex on W Deane that is perpendicular to the road. Our plans will be to orient our duplexes perpendicular to Wedington so we can maximize the land space as well as be mindful of the visual appearance of the duplex along Wedington next to surrounding houses. Our goal is to blend our duplex seamlessly into its existing environment while providing a structure to meet future density needs Example of one driveway off main road accessing multiple units Planning Commission February 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 12 of 16 RZN-2022-000003 One Mile View 1-1 Pagliani NORTH LE4 NEE ST 0 0.125 0.25 0.5 Miles 11, i I I P-1 i � RMF-6 I i � j I i I I RMF-12 y RMF-24 Q. R-O a Subject Property I � I I WEDIN TONIDR ----------- A__ ------ I i RSF-4 UT CLEVELAND ST � I 1 ; Q CS Z Q I E=,n � I I � I � t Zoning L2 Generel lneJatnal Regional Link I--- RESIDENT IALSINGLE-FAMILY EXTRACTION Neighborhood Link RI-u COMMERCIAL RkU Reaid-bat-Ofice Regional Link -High Activity N&L M.- Reaieanbal-Agnwlturel C8 Freeway/Expressway RSF-.s Ica 0 Planned Neighborhood Link - ❑ R. RSF-2 FORM BASED DISTRICTS Downtown Care iiii1*1Planned Residential Link RSF-a �umanmomagmare R. Mein SV�t Center — — Shared -Use Paved Trail RSF-a oownmwn Genera RSF-'. ii community sa ,c RESIDENTIAL MULTIFAMILY Neigh- Servmea Trail (Proposed) 0. �R 6 1111111 Neighbomo.0 con ,aban Design Overlay District RMF-11 PLANNED ZONING DISTRICTS _ _ _ _ _ - - - - - l � RMF-18 � Cammardal, Ineuatnal, Reaieenllal , 1 I I L _ I Fayetteville City Limits _ Planning Area I - ' = - WF-oo NSTITUTIONAL P- Planning Area INDUSTRIAL Planning COI Fayetteville City Limits _ 41 Nea Cam em.Il Light lnduaNai g ssion 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 13 of 16 RZN-2022-000003 Close Up View Pagliani I _ I VALLEY HATFIELD ST I _ DR I I _ I� I - _� I I I _ _ Q I ` I W NS-L I f1' I O --- a -------------- Subject Property - - — — — — — — — — — — — — — — — — — — — — — WEDIN DR I I I w I a I w z I z RSF-4 O J I I I - � I I ORA DR I I I I Iw I Q c7 I � I I BERRY-ST NORTH — Regional Link Neighborhood Link — Regional Link - High Activity Planning Area U - -, Fayetteville City Limits - - - Trail (Proposed) Feet 0 75 150 300 450 1 inch = 200 feet M. RSF-4 Urban Thoroughfare Neighborhood Services - Ltd. Planning Commission —lawn i, 14, 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 14 of 16 ssion 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 15 of 16 RZN-2022-000003 Future Land Use Pagliani NORTH Institutional NEWPp�- CORNERSTONE PL- O,Q p LAWSON ST z ----------------- N(11.1.V_cr W t— O a —VALLEY-DR ---------------- a O J w U z J I City Neighborhood Regional Link Neighborhood Link Regional Link - High Activity Planned Residential Link - ` Planning Area L — 1 Fayetteville City Limits — — — Trail (Proposed) I Design Overlay District w 'a w z z O _i' HI OLLY-ST w a rY w z i i ORA'DR i i i U, Residential ' Q Neighborhood W L�NCOLN ' O `L WOODpR ■■■■■■■■LL CLEVELAND ST I z w rn yQ y z J a iQ U) Feet 0 145 290 580 870 1 inch = 400 feet City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center ssion 2022 Agenda Item 9 RZN-22-000003 Pagliani Page 16 of 16 BILL OF ASSURANCE FOR THE CITY OF FAYE TEVILLE, ARKANSAS Paor-1iani and enters into this bind Arkansas'. In order to attempt to obtain approval the owner,, developer, or buyer ot this property, (hereina#ter " -2 a IN and Lisa Pataili-ara ing of a request for a zoning reclassification., hereby voluntarily offers t agreement and contract with the City ot Fayetteville, Petitioner") Pablo lzis Bill of Assurance 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 0 Council will reasonable rely upon all of the terms and conditions within this Assurance in considering whether to approve Petl'btioner's request. Bill of Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is ar)Droved b V the Fayettevill e City Council. I. The use of Petitioner's property shall be limited to NZA . 2. Other restrictions including number and type of structures upon the property are limited to We would limit the density to build a maximum of (2) duplex structures for a total of four dwellin units on the 3. SpecujLc activities will not be allowed upon petitioner's property include N/A _ 4. (Any other terms or conditions) NZA . ifically agrees that all such restrictions and terms shall run with the5. Petitioner spec sand and bind all future owners unless and until specifically released by ordinance of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the -9 Was]ington County CircuitA�Ieri's HOffice along with Petitioner's rezoning ordinance and shall be noted on any Plat, Large Scale Development, Large Site or Small Site Improvement Plan, or other development authorization which includes, some or. all of Petitioner's property that is subject to the rezoning ordinance and this Bill of Assurance,, } IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Pablo Pa�Iiani and Lisa Pajziiam as the owner, developer or buyer &Wk- (Petitioner) voluntarily offer all such assurances and sign my name below. Printed Name A Ip Printed Name 4 /5 /600aa, Signature 0 �� lv1. �iL� IV AP sigp.nature 0 3 5 l�J W �fl I N �Y�ra (\J , +F'aY �� v � ��E A� 79701 A dr4... dress STATE OF ARKANSAS I COUNTY OF WASHINGTON I . And on.this the NOTARY OATH qEW I� day oi a Notary Pu am 2021, appeared before me, g placed upon his/her oath swore or aff i*rmedthat he/she agreed with the terms of the above Bill of Assurance and signed hi*s/hff nam NOTARY PUBL ove. My Commission Expires: 61 sai�dx3 uo}ssiwwo� Styr 9 t 060LZ l 1! uo4ssEwwo:) Aluno:) uo35ul4seM InueNiV - Dqgnd AAWN QA07UMIUM MARISSA FLOYD Notary Public - Arkansas Washington County Commission # 12709416 My Commission Expires Dec 13, 2029 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0190 Agenda Date: 4/19/2022 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.2 RZN-2021-093 (1101 N. WOOLSEY AVE.IWRMC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-093 LOCATED AT 1101 NORTH WOOLSEY AVENUE FOR APPROXIMATELY 0.75 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES -GENERAL 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 RSF-4, Residential Single Family, 4 Units Per Acre to NS-G, Neighborhood Services -General. 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 411312022 City of Fayetteville Staff Review Form 2022-0190 Legistar File ID 3/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/25/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000093: Rezone (1101 N. WOOLSEY AVE./WRMC, 406): Submitted by FLINTLOCK, LTD. for property located at 1101 N. WOOLSEY AVE in Ward 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains one parcel with approximately 0.75 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -GENERAL. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: February 25, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2021-000093: Rezone (1101 N. WOOLSEY AVE.1WRMC, 406): Submitted by FLINTLOCK, LTD. for properties located at 1101 N. WOOLSEY AVE. in Ward 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain one parcel with approximately 0.75 acres. The request is to rezone the properties to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: City planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located northwest of the intersection of Woolsey Avenue and North Street. The property contains one lot, parcel 765-06166-000, which is developed with a building that Washington County records indicate was built in 1926. The building was originally constructed as a single-family dwelling though it was heavily renovated in 1996 for use as the Washington Regional Medical Center's Cancer Support Home. Request: The request is to rezone the subject property from RSF-4, Residential Single-family — 4 Units per Acre, to NS-G, Neighborhood Services -General. The applicant has shared an intent to restore the existing building on the property. Rezoning to a mixed -use zoning district would allow the building to be used for either commercial or residential purposes by -right. Public Comment: Staff received several inquiries from neighbors regarding this request. Many residents met with the applicant on -site to discuss the proposal. No clear support for, or opposition to, the request has been offered. Land Use Compatibility: The proposed zoning is compatible with the surrounding land use patterns in this area, which contain a mixture of residential, institutional, and commercial uses. The property is near public parks, transit stops, and two Regional Link — High Activity streets, North Street and College Avenue, which are lined with a variety of land uses. While there are a variety of uses in the vicinity, the property is located immediately between two single -use districts: the VA Medical Center to the east and a single-family residential district to the west. The uses allowed in NS-G zoning would offer a mix of residential and commercial uses by -right that are of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 a scale that fits with the neighboring residential properties and compliment the variety of land uses in the surrounding area. Dwellings permitted by -right are limited to a maximum of four attached units, and commercial uses are limited to medium -scale retail and office services that would encourage a pedestrian -oriented neighborhood form. Given the applicant's stated intent to renovate the existing building on the property, which could support either residential or commercial uses, NS-G would provide an opportunity to maintain residential uses and densities that are complementary to the existing development pattern, or commercial uses which could mirror the existing use of the site or serve the surrounding area. Any commercial redevelopment of the property would be restricted to 8,000 square feet under NS-G zoning. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as both a Civic Institutional Area and a Residential Neighborhood Area. The NS-G zoning district at this location will allow for a mixture of residential and commercial uses that are urban in form. Staff finds that, if the property were to be redeveloped, NS-G would encourage an environment that is more appealing to pedestrians and would reduce the visual impact of parking areas. The property has a high infill score of 8, indicating that the site is prepared to accommodate an increased density in housing or small-scale commercial uses. This could support Goals 1 and 6 of City Plan 2040 by making infill and priority and creating an opportunity for development of more housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #2, 708 N. Garland Avenue) • Near Sewer Main (six-inch main on property) • Near Water Main (extension needed from N. Woolsey Avenue or W. North Street) • Near City Park (Wilson and Gregory Park) • Near Paved Trail (Woolsey Avenue Trail) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 26) • Sufficient Intersection Density DISCUSSION: At the February 14, 2022 Planning Commission meeting, a vote of 8-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Garlock seconded. Commissioner Wiederkehr voted in opposition. Commissioner Wiederkehr asked staff to clarify how the cancer support center operated under RSF-4 zoning. Staff explained that the business was established prior to the current zoning, making it a legal non -conforming use which could continue to operate as -is. Commissioner Sharp noted that commercial uses next to heavy institutional uses would be suitable, and Commissioner Belden agreed adding that she is supportive of the rezoning since we have few tools for preservation and the rezoning could protect the existing structure on the site. Public comment was offered by three neighboring property owners at the meeting, all of whom expressed concerns about the potential to redevelop the property and allow development other than single-family dwellings. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000093 WRMC Close Up View >� I HOLLY-ST z J Q 2 C0 PATRICIA LN W > Q W F— z W > W 0 z NORTH 'ST w Q w z w w 0 z ADAMS ST Regional Link - High Activity Hillside -Hilltop Overlay District ` Planning Area L — Fayetteville City Limits RSF_ Subject Property Feet 75 150 300 w Q W y .:J O O 450 1 inch = 200 feet M. N-2021-000I EXHIBIT 'A' P-1 W a Y Q—GECKO LN— a NORTH RSF-4 P-1 RZN-2021-000093 EXHIBIT 'B' 1101 N Woolsey Legal Description: All of Lot Numbered Nine (9) in Block Numbered Two (2) of the Revised Plat of Hammond Addition to the City of Fayetteville, Arkansas, and a part of Lot Numbered Three (3) of the Block Numbered Two (2) of the Revised Plat of the Hammond Addition to the City of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at the Southeast corner of said Lot Numbered Three (3), and running thence West Eighty (80) feet; thence North One Hundred Ten (110) feet; thence East Eighty (80) feet; thence South One Hundred Ten (110) feet to the point of beginning, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder for Washington County, Arkansas. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: February 14, 2022 (Updated with results from 2/14/22 PC hearing) SUBJECT: RZN-2021-000093: Rezone (1101 N. WOOLSEY AVE./WRMC, 406): Submitted by FLINTLOCK, LTD. for properties located at 1101 N. WOOLSEY AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with approximately 0.75 acres. The request is to rezone the properties to NS-G, NEIGHBORHOOD SERVICES -GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2021-000093 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2021-000093 to the City Council with a recommendation for approval." BACKGROUND: The subject property is located northwest of the intersection of Woolsey Avenue and North Street. The property contains one lot, parcel 765-06166-000, which is developed with a building that Washington County records indicate was built in 1926. The building was originally constructed as a single-family dwelling though it was heavily renovated in 1996 for use as the VA Medical Center's Cancer Support Center. Surrounding land uses and zoning are listed in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-4, Residential Single-family — 4 Units per Acre South Natural Area RSF-4, Residential Single-family — 4 Units per Acre East VA Medical Center P-1, Institutional West Single-family Residential RSF-4, Residential Single-family — 4 Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single-family — 4 Units per Acre, to NS-G, Neighborhood Services -General. The applicant has shared an intent to restore the existing building on the property. Rezoning to a mixed -use zoning district would allow the building to be used for either commercial or residential purposes by -right. Public Comment: Staff received several inquiries from neighbors regarding this request. Many residents met with the applicant on -site to discuss the proposal. No clear support for, or opposition to, the request has been offered. INFRASTRUCTURE: Streets: The subject property has frontage along N. Woolsey Avenue. Woolsey Avenue is a partially improved Residential Link street with asphalt paving and curb and gutter. Any street improvements required would be determined at the time of development proposal. Water: Public water is not available to the subject property. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sanitary sewer main is present along the north side of the property. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams or hydric soils are present on the subject property. Any improvements or requirements for drainage will be determined at time of development. Fire: Station 2, located at 708 N. Garland Avenue, protects this site. The property is located approximately one mile from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not express any concerns with this request. Tree Preservation: The proposed zoning district of NS-G, Neighborhood Services -General, requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family — 4 Units per Acre, requires 25% 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 Civic Institutional and Residential Neighborhood area. Civic Institutional Areas are dedicated for building generally operated by not -for -profit organizations dedicated to culture, government, education or transit and municipal parking. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 10. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #2, 708 N. • Near Sewer Main (six-inch main on property) • Near Water Main (extension needed from N. • Near City Park (Wilson and Gregory Park) • Near Paved Trail (Woolsey Avenue Trail) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 26) • Sufficient Intersection Density FINDINGS OF THE STAFF Garland Avenue) Woolsey Avenue or W. North Street) A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is compatible with the surrounding land use patterns in this area, which contain a mixture of residential, institutional, and commercial uses. The property is near public parks, transit stops, and two Regional Link — High Activity streets, North Street and College Avenue, which are lined with a variety of land uses. While there are a variety of uses in the vicinity, the property is located immediately between two single -use districts: the VA Medical Center to the east and a single-family residential district to the west. The uses allowed in NS-G zoning would offer a mix of residential and commercial uses by -right that are of a scale that fits with the neighboring residential properties and compliment the variety of land uses in the surrounding area. Dwellings permitted by -right are limited to a maximum of four -family units, and commercial uses are limited to medium -scale retail and office services that would encourage a pedestrian -oriented neighborhood form. Given the applicant's stated intent to renovate the existing building on the property, which could support either residential or commercial uses, NS-G would provide an opportunity to maintain residential uses and densities that are complementary to the existing development pattern, or commercial uses which could mirror the existing use of the site or serve the surrounding area. Any commercial redevelopment of the property would be restricted to 8,000 square feet under NS-G zoning. Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map designation of this property as both a Civic Institutional Area and a Residential Neighborhood Area. The NS-G zoning district at this location will allow for a mixture of residential and commercial uses that are urban in form. Staff finds that, if the property were to be redeveloped, NS-G would encourage an environment that is more appealing to pedestrians and would reduce the visual impact of parking areas. The property has a high infill score of 8, indicating that the site is prepared to accommodate an increased density in housing or gentle commercial uses. This could support Goals 1 and 6 of City Plan 2040 by making infill and priority and creating an opportunity for development of more housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to NS-G. The compatibility of the request with adjacent properties and the general alignment of the request with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to a district that allows limited development at this location is suitable and justified. Further, given the recent use of the property as a Cancer Support Center, rezoning to NS-G could allow for the continued use of the site for commercial purposes. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The size of the property and other development limitations, such as parking requirements, building and fire codes, and access, will inherently limit the development potential of the site and thereby reduce the potential for congestion or hazardous traffic conditions. As previously noted, the property is near multiple transit stops and an on -street trail, so there are opportunities to alleviate vehicular traffic congestion and any potential burden increased density might otherwise pose. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NS-G has the potential to increase the population density in the neighborhood. However, staff finds that development requirements and the lot's size will limit impacts to those that could occur under the existing zoning district. Specifically, lots in NS-G are required to have a minimum width of 35 feet and a minimum area of 3,000 square feet. The property has roughly 110 feet of frontage and 20,000 square feet of area, which means that it could only be subdivided into three lots. Regardless, a water main extension would likely be needed for any future development. A 12-inch main exists along North Street which should be able to accommodate an increased load. 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; 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 forwarding RZN-2021-000093 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 14, 2022 O Tabled xO Forwarded O Denied with a recommendation Motion: Sparkman of approval (Second: Garlock jVote: 8-1-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre o §161.19 — Neighborhood Services -General • Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (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 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (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 13 Eating places Unit 16 Shopping oods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. flintlock ARCHITECTURE &LANDSCAPE December 17, 2021 PETITION TO CHANGE ZONING OF 2 ADJACENT LOTS TO: The Fayetteville City Planning Commission & The Fayetteville City Council Flintlock Ltd Co on behalf of Washington Regional Medical Center requests that the zoning designation of the following lots (parcels 765-06166-000 and 765-06162-000) be changed from Residential Single-family — 4 units/acre to Neighborhood Services - General: 1101 N Woolsey Ave (765-06166-000): All of Lot 9, Block 2 and part of Lot 3 of the Revised Plat of Hammond Addition • (765-06162-000): Part of Lot 3, Block 2 Revised Plat of Hammond Addition REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED: The zoning change request will allow the historic 1926 home that was renovated heavily with many commercial conversions for use as a Cancer Support Center in 1996 to be utilized as professional offices. NS-G is the least intensive zone that would allow this continued use by right. R-0 was also discussed as an acceptable option with City Planning Staff, although it is more permissive than NS-G and the existing structure would not meet R-0's required side setbacks. A restoration of the existing building is planned, but no addition or change to the structure's footprint or site layout is planned. The state historic commission has indicated that the structure may be historically significant enough to be individually listed on the Historic Register, and we intend to complete any restorations in compliance with state and federal historic preservations standards. Re -zoning to a mixed -use zone also allows future flexibility for the structure to be returned to a single-family home, although at this time in the construction market the work that would be required to remove the commercial elements currently in the building would be challenging to complete. The setting of the structure facing the large surface parking lot of the hospital and adjacent to medical offices across the street, combined with nearly 30 years of use of the building for a commercial purpose make a continued low intensity commercial use appropriate in our opinion and allow for preservation of a historic structure. IMPACT ON NEIGHBORS & CITY: The requested zoning change will minimally impact the surrounding properties in terms of land use, traffic, appearance, and signage. It is not expected to increase traffic danger or congestion as the building has served a commercial function with 24-hour usage for nearly 30 years and no appearance changes are planned. Water and Sewer are available in adequate quantities adjacent to the sites. The proposed zoning is the least intensive change that will allow the building to remain in its long-standing commercial use. CONSISTENT WITH LAND USE PLANS: It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the history of the building and neighborhood. The Future Land Use Map calls out this property specifically as a continued non-residential use, with close access to North St and adjacency to a large Washington County owned property likely to be developed in the long term in a non-residential use. The rezoning will allow the property to be remain a low -intensity commercial use, directly in line with the City's 2040 goal to "make traditional town form the standard: with neighborhoods that include not just houses, but a mix of uses that can adapt over time and allow residents to live, work, and play without relying on vehicles." Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect RZN-2021-000093 One Mile View WRMC 0 0.125 0.25 0.5 Miles SYCAMORE 1 I 1 -J 1 F-40 1 RMF-2 iRSF-4 1 Subject Property 1 1 I-1 LWU 1 Q 1 (9 C-1 0 1 W 1 � ♦ C9 R-O 1 1 1 1 Neighborhood Link --- Institutional Master Plan Regional Link - High Activity Urban Center _ ❑ Shared -Use Paved Trail — Trail (Proposed) L Design Overlay District a Fayetteville City Limits - - Planning Area r� Planning Area Fayetteville City Limits _ _)LLJ =Ja NORTH L ( C-2 J I I Zoning = 42 G—.1 InW.W.l RESIDENTIAL SINGLE-FAMILY EXTRACTION NSG E-1 RI-U COMMERCIAL � RI-12 Reaidendal-Ofice NSL L C-1 ReelE-.1-Agnw1-1 C-2 RSF-.5 C-3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Care RS1-4 UTen TM1om h.. RSF-] R ivkin S Center RSF-fi Downtown Gen RSF-1fi Community Services RESIDENTIAL MULTIFAMILY Neigh- Services -1 11111111 .. Conservation W112 PLANNED ZONING DISTRICTS RMF-1fi ii Commerdal, Induatnal, Reaidantial W124 INSTITUTIONAL RMF-4fi P-1 INDUSTRIAL 41 Heary Cammer .I and Light Ind—.- RZN-2021-000093 WRMC Close Up View >� I HOLLY-ST z J Q 2 C0 PATRICIA LN W > Q W F— z W > W 0 z NORTH 'ST w Q w z w w 0 z ADAMS ST Regional Link - High Activity Hillside -Hilltop Overlay District ` Planning Area L — Fayetteville City Limits RSF_ Subject Property Feet 75 150 300 w Q W y .:J O O 450 1 inch = 200 feet M. P-1 W a Y IX —GECKO LN— a NORTH RSF-4 P-1 RZN-2021-000093 WRMC A& Current Land Use NORTH r r � J Single Family ResidentialJI T �- =4 Subject Property+ IIW VA Hospital .w } Single Family Residential Ir N O a NORTH SLU ST !p Q �w Single Family Residential a Ilk FEMA Flood Hazard Data too -Year Floodplain Neighborhood Link Feet Floodway Regional Link - High Activity 0 112.5 225 450 675 900 � 'Planning Area 1 inch = 300 feet L ' Fayetteville City Limits RZN-2021-000093 Future Land Use W a C9 a ILU C9 WRMC Residential Neighborhood LAWSON ST- DR I 1.11 I—; Z W Q Q' Z; >I I HOLLY-ST Subject Property I w a w PATRICIA-LNI-- Z 'J G w > Q w o = C0 Z > I �I _;—ADAMS ST Q w w Q z W C(7—HAWTHORN ST—W w o Z I L___.,_CLEBURN ST—'j Neighborhood Link - Regional Link - High Activity Planning Area - -, Fayetteville City Limits Design Overlay District Feet 0 145 290 580 w Q w J O O NORTH 870 1 inch = 400 feet NORTH Non -Municipal Government City GECKO LN Neighborhood I > I v w a w w a> Y X J Q Q �. a a X CLEBURN = ST a, � I r-. z � I ZNG LNI City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood II Rural Residential Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0255 Agenda Date: 4/19/2022 Version: 1 Status: Second Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD I FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. 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 411312022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0255 Legistar File ID 4/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/18/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 18, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. The Planning Commission recommend approval to rezone the subject property to RSF-8, Residential Single -Family, 8 Units per Acre. BACKGROUND: The subject property is in southeast Fayetteville at 608 S. Ray Avenue, with additional street frontage along S. Dockery along the property's east side. The property contains 0.47 acres and is developed with 1 single-family dwelling that Washington County records indicate was constructed in 1954. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant has indicated an intent to construct additional single-family dwellings on the property. Public Comment: Staff received inquiries about the request, and one member of the public spoke against the request at the Planning Commission meeting. Land Use Compatibility: From a use and density perspective, the applicant's request is compatible with the surrounding area. The by -right use allowances in each zoning district are identical. The surrounding land uses are primarily characterized by low -density, single-family dwellings and RSF-4 zoning. To the east is zoned RMF-24, Residential Multi -Family, 24 units per Acre, with an existing development of 6 duplexes on the site. Where the request may not be fully compatible with the current land use surroundings is with the build -to -zone requirement associated with the NC zoning district. While the properties along the S. Ray Avenue frontage are required to have a minimum of a 15-foot building setback, most of the homes are set back significantly farther, closer to 50 feet from the existing right-of-way. Any redevelopment of the property to an NC, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Neighborhood Conservation standard could potentially alter the streetscape significantly at just this one location, by requiring a 0- to 25-foot build -to -zone rather than a front setback. A slightly more incremental request to an RSF-8 may be more compatible with the existing regulating pattern along S. Ray Avenue. On the balance of issues, however, staff finds that the request is overall compatible, given the multi -family uses to the east, the moderate infill score, and the use allowances. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for a variety of housing types of varying scale and density, where appropriate. The infill score is moderate, and the applicant's request would provide an incremental increase in allowable density that would be compatible with that score. The request would be compatible with Goal #1 of making infill the highest priority, Goal #4 of increasing density close to available transit, and with Goal #6 of creating more opportunities for attainable housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Ray Avenue, S Dockery Lane) • Near Water Main (S. Ray Avenue, S Dockery Lane) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) DISCUSSION: At the February 28, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval, though the Commission recommended a rezoning to RSF-8, rather than NC, Neighborhood Conservation. Commissioner Belden made the motion and Commissioner Sharp seconded. Commissioners found that a rezoning to RSF-8 was more consistent with prevailing lot widths and setbacks in the area. Commissioners also found that alternatives to subdividing the lot in the applicant's intended way existed through other means such as seeking a tandem lot request or by seeking a Board of Adjustment variance. The owner's representative expressed reluctance to revise their client's request from NC to RSF-8 given the uncertainty in being able to complete the envisioned project without additional discretionary approval. One member of the public spoke in opposition to the request at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report RZN-2022-000008 Siemek EXHIBIT'A' RZN-2022-000008 Close Up View Me Subject Property -24 i RSF-4 i i i W i i Q } a Propose NC i RSF-8 i i RI-12 C-1 Z J � HUNT$ V� C-2 UJI NS-L -le Z J i o ------- I-2 NS-G W NORTH V Zoning Acres NC 0.5 Regional Link - High Activity Feet - - - Trail (Proposed) Planning Area 0 75 150 300 450 600 - - Fayetteville City Limits 1 inch = 200 feet Total 0.5 - -, EXHIBIT 'B' RZN-2022-000008 PROPERTY DESCRIPTION Parent Tract Tract "E", Greenbriar Addition to the City of Fayetteville, Arkansas, Washington County, Arkansas, containing 0.47 of an acre and subject to any Easements of Record. Lot E-1 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Commencing at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence leaving said right of way line and along the North line of said Tract "E", North 87 degrees 18 minutes 13 seconds West, 107.27 feet to a set nail and the Point of Beginning. Thence leaving the North line of Tract "E", South 03 degrees 11 minutes 53 seconds West, 87.56 feet to a set rebar with cap on the South line of Tract "E". Thence along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 125.85 feet to a set rebar with cap marking the Southwest Corner of Tract "E", said point being on the East right of way line of South Ray Avenue. Thence along the West line of said Tract "E" and said right of way line, North 03 degrees 11 minutes 50 seconds East, 87.54 feet to a set rebar with cap marking the Northwest Corner of Tract "E". Thence leaving said right of way line and along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 125.86 feet to the Point of Beginning, containing 0.25 of an acre and subject to any Easements of Record, Lot E-2 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Beginning at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence along the East line of said Tract "E" and said right of way line, South 02 degrees 40 minutes 39 seconds West, 87.57 feet to a set nail marking the Southeast Corner of Tract "E". Thence leaving said right of way line and along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 108.07 feet to a set rebar with cap. Thence leaving said South line, North 03 degrees 11 minutes 53 seconds East, 87.56 feet to a set nail on the North line of Tract "E". Thence along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 107.27 feet to the Point of Beginning, containing 0.22 of an acre and subject to any Easements of Record. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager February 28, 2022 Updated with PC hearing results from 2/28/2022 SUBJECT: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN-2022-000008 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000008 to City Council with a recommendation of approval." BACKGROUND: The subject property is in southeast Fayetteville at 608 S. Ray Avenue, with additional street frontage along S. Dockery along the property's east side. The property contains 0.47 acres and is developed with 1 single-family dwelling that Washington County records indicate was constructed in 1954. 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 RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Duplexes/Mixed-Density Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant has indicated an intent to construct additional single-family dwellings on the property. Public Comment: Staff has not received any public comment on this item INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Ray Avenue, which is a partially improved Residential Link street with asphalt paving and sidewalk. The subject area also has frontage along S. Dockery Lane, which is a partially improved Residential Link street with asphalt paving and open ditches. Any street improvements required in Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 1 of 12 these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present along the west side of S. Ray Avenue. An existing 8-inch water main is present along the east side of S. Dockery Lane. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present along the center of S. Ray Avenue. An existing 6-inch sanitary sewer main is present along the west side of S. Dockery Lane. 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 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately 0.4 miles from the fire station with an anticipated drive time of approximately 1 minutes using existing streets. The anticipated response time would be approximately 3.2 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. 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 site is within the Hillside -Hilltop Overlay District, nor is there a protected stream in the area. No portion of the side lies within a FEMA floodplain. Hydric soils are present throughout the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Tree Preservation: The proposed zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre, requires 25% 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 Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 2 of 12 and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Ray Avenue, S Dockery Lane) • Near Water Main (S. Ray Avenue, S Dockery Lane) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) 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: From a use and density perspective, the applicant's request is compatible with the surrounding area. The by -right use allowances in each zoning district are identical. The surrounding land uses are primarily characterized by low -density, single-family dwellings and RSF- 4 zoning. To the east, however, is zoned RMF-24, Residential Multi -Family, 24 units per Acre, with an existing development of 6 duplexes on the site. Where the request may not be fully compatible with the current land use surroundings is with the build -to -zone requirement associated with the NC zoning district. While the properties along the S. Ray Avenue frontage are required to have a minimum of a 15-foot building setback, most of the homes are set back significantly farther, closer to 50 feet from the existing right-of- way. Any redevelopment of the property to an NC, Neighborhood Conservation standard could potentially alter the streetscape significantly at just this one location, by requiring a 0- to 25-foot build -to -zone rather than a front setback. A slightly more incremental request to an RSF-8 may be more compatible with the existing regulating pattern along S. Ray Avenue. On the balance of issues, however, staff finds that the request is overall compatible, given the multi -family uses to the east, the moderate infill score, and the use allowances. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for a variety of housing types of varying scale and density, where appropriate. The infill score is moderate, and the applicant's request would provide an incremental increase in allowable Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 3 of 12 density that would be compatible with that score. The request would be compatible with Goal #1 of making infill the highest priority, Goal #4 of increasing density close to available transit, and with Goal #6 of creating more opportunities for attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 to NC would be consistent with the property's Future Land Use Map designation as a "Residential Neighborhood Area." It is, however, not clear whether rezoning the property is ultimately needed in order for the applicant to develop their property to their intent. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to NC would potentially increase traffic to the site, but not likely in an undesirable way. The property with its current acreage of 0.47 acres would potentially be able to develop 4 total units on the property under NC, which is not likely to negatively affect traffic along S. Ray Avenue or S. Dockery Lane. The property is also located close to an Ozark Regional Transit stop along E. Huntsville, which could also potentially help absorb additional dwelling units. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to NC would potentially increase the population density on this particular site, from 1 unit to potentially 4 units. Given the overall size of the lot, however, staff does not find that this would be to an undesirable degree, given the existence of water and sewer facilities, and the proximity to a public school. The Fayetteville school district did not comment on the request. 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 approval of RZN-2022-000008. Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 4 of 12 PLANNING COMMISSION ACTION: Required YES Date: February 28, 2022 O Tabled Forwarded O Denied with a recommendation of Motion: Belden approval for RSF-8, Residential Second: Sharp Single -Family, 8 Units per Acre jVote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.29 Neighborhood Conservation • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a I Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 5 of 12 (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(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." 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 6 of 12 Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business' Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; 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." Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 7 of 12 608 S Ray is appropriate for rezoning to NC due to multiple parcels to the South being lot split and additional homes being built. There is existing infrastructure and precedent for infill. A rezoning to NC would allow the possibility for an additional structure to be built in the future on its' own parcel. Planning Commissioh February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 8 of 12 RZN-2022-000008 Siemek One Mile View NORTH Io 0 0.125 0.25 0.5 Miles r P-1 Cr I] ---- 0 ------ Co RPZD U RSF-8 MSC RSF-4 I . I WYMAN R Subject Property I � I � I I I I I I I I I 1 I I C-2 I 1 1 O J J CS 0 2 I } I a I a I I' R-A RMF-24 1y�N, I-2 I I-1 I Zoning -2 G—.1 lh—trial t--- RESIDENTIAL SINGLE-FAMILY EXTRACTION �NBG =11 COMMERCIAL RI- Rasid-b.1-GMoa NSL C-1 � RaaiU-.I-Agi-h- � C-2 Neighborhood Link Rs Nei �`' g RSF-, FORM BASED DISTRICTS - RSF-2 Doxntoxn Care Regional Link - High Activity RSF =Uroa T"° hare 9 9 Y ❑ Mafn west Camar RSoo— canarel RSF-18 Community—. — — — Trail (Proposed) RESIDENTIAL MULTI -FAMILY Naighb—d S—ii IIIIIIIII Neighb°rM°U Canaervatian t Q RMF-,2 � ,Fayetteville City Limits ,_____ ;-----1 PLANNED ZONING DISTRICTS �RnnF-,fi �Cammamial,InUuaNal,RasiUan„a, Planning Area - '=- �R^'F-20 INSTITUTIONAL Iw,F-ao IT Planning Area Fayetteville City Limits ND11 ti—yGommareialanELight Ind.— Planning Conim 8, ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 9 of 12 RZN-2022-000008 Siemek Close Up View RSF-4 C-1 HUNTS V� I-2 - Regional Link - High Activity - - - Trail (Proposed) - -, Planning Area - -, Fayetteville City Limits vow W C-2 40 Subject Property NC RSF-8 z J W �- Q: w NS-L U O NS-G 0 Feet 0 75 150 300 450 1 inch = 200 feet M. 5 z .J W NORTH 2 Zoning Acres NC 0.5 Total 0.5 Planning CQW ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 10 of 12 RZN-2022-000008 Siemek Current Land Use oil 77! Single -Family Residential �ly - Subject Property r ! y - Single -Family Residential W Q Mixed -Density Residential O E 0 Single -Family Residential . 1, a� �w. `S 'o. e �'' '3'• .} .� r. Zone,A Olt �4b ` HUNTSVILLE RDEr �� Al a I •. 4tit �� � r;. � ' r}�j � •� ti FAIRLANEST FEMA Flood Hazard Data Neighborhood Link 100-Year Floodplain Regional Link - High Activity Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 � 'Planning Area 1 inch = 300 feet 'Fa etteville City Limits Planning Co m 8, ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 11 of 12 RZN-2022-000008 Future Land Use Residential Neighborhood 0-4TH ST O ..I ..I O x 5TH ST- a a Q x VALYN'M■ CIR Neighborhood Link Regional Link - High Activity Planning Area - -, Fayetteville City Limits - - - Trail (Proposed) Siemek NORTH I � , I \ I I � I I I Civic and Private Open Space \ Civic \ Institutional \ I I \ I � Subject Property - - - - - - -_-I I Z I v I W � Y ' U O p City Neighborhood I i I I I r Z _ _J 'A" W --m - - - - HUNTSVILLE RD Iz Feet 0 145 290 580 870 1 inch = 400 feet Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood L Rural Residential Urban Center Planning Cc ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 12 of 12 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0182 Agenda Date: 4/19/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.4 RZN-2022-006 (3493 N. HWY 112/11IOTECH PHARMACAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE; AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 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 R-A, Residential Agricultural; RSF-8, Residential Single Family, 8 Units Per Acre; and 1- 1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General; CS, Community Services; UT, Urban Thoroughfare; and I-1, Heavy Commercial and Light Industrial. 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 411312022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0182 Legistar File ID 3/15/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/25/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000006: Rezone (3493 N. HWY 112/BIOTECH PHARMACAL, 208,209): Submitted by VERDANT STUDIO for properties located SOUTH OF W. HWY 112 in Ward 2. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 4 parcels with approximately 65.90 acres. The request is to rezone the properties to NS-G, NEIGHBORHOOD SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE, and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 15, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: February 25, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000006: Rezone (3493 N. HWY 112/BIOTECH PHARMACAL, 208,209): Submitted by VERDANT STUDIO for properties located SOUTH OF W. HWY 112 in Ward 2. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 4 parcels with approximately 65.90 acres. The request is to rezone the properties to NS-G, NEIGHBORHOOD SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE, and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in north Fayetteville, south and west of Highway 112 and approximately 1,000 feet west of Interstate 49. Highway 112 borders the property to the north and east and N. Deane Solomon Road borders to the west. The rezoning request involves four parcels, totaling approximately 65.90 acres, which are zoned a mix of R-A, Residential Agricultural, RSF-8, Residential Single-family, 8 Units per Acre, and 1-1, Heavy Commercial & Light Industrial. Across the entirety of the site the property is developed with three single-family buildings, two residential outbuildings, two commercial structures, and an associated warehouse outbuilding. Approximately 25 acres of the subject property was formerly used as a vineyard and associated winery. The westernmost parcel is entirely undeveloped. Vegetation and tree canopy cover a considerable portion of the subject area, though none of it is within the Hillside Hilltop Overlay District. An unnamed tributary of Clabber Creek bisects the westernmost parcel and is classified as a protected stream. A planned trail connection runs along the north and east boundary of the site, part of which serves as a connection to the Clabber Creek Trail which runs parallel to W. Van Asche Drive to the east. Request: The request to rezone the property from R-A, Residential Agricultural (32.34 acres), RSF-8, Residential Single-family, 8 Units per Acre (31.93 acres), and 1-1, Heavy Commercial & Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Light Industrial (1.63 acres) to NS-G, Neighborhood Services -General (21.63 acres), CS, Community Services (5.90 acres), UT, Urban Thoroughfare (34.34 acres), and 1-1, Heavy Commercial & Light Industrial (4.03 acres). The applicant has not shared any specific development plans, though they have stated that the rezoning will allow for a mix of commercial and residential uses and with varying densities. Public Comment: A neighbor spoke in favor of the request at the Planning Commission meeting. Specifically, they appreciated the sensitivity to the natural features of the site and walkability offered by a conceptual site plan shared by the applicant. Land Use Compatibility: Staff finds the request to be mostly compatible with the surrounding properties. The subject property is located among low -density residential properties to the north, west, and southwest. Fellowship Bible Church abuts the property to the south and commercial uses are present to the east and further afield to the south. The area is characterized by sparse development of any type. Only a single conventional residential subdivision, Belclaire Estates, is in the general vicinity. A few commercial sites are within a short distance but are mostly limited to businesses that attract a regional customer base like the Fayetteville Auto Park, 112 Drive-in Theatre, and Sam's Club. The property itself is composed of a few large -lot residences and a Bio- Tech Pharmacal production facility. Only about five acres of the nearly 66-acre site contain hydric soils and the protected stream is located towards the western extent of the subject area. The requested zoning districts, NS-G, Neighborhood Services -General, CS, Community Services and UT, Urban Thoroughfare, would bring a transitional development pattern with the most intense and varied uses covering roughly 60% of the east and northern extents of the property. This area, proposed to be rezoned to UT, permits nearly all residential dwelling types from single - to multi -family developments. It also allows the widest variety of non-residential uses, including hotels, transportation services like auto sales and body shops, gas stations, commercial recreational sites, liquor stores, and expanded shopping goods in addition to everything permitted in CS zoning. The area proposed to be zoned CS represents a similar mix of residential and commercial uses but restricts non-residential uses to a degree. CS zoning allows for restaurants, smaller scale shopping goods, and offices, among its by -right non-residential uses. This area is proposed for the northwest corner of the site. The area proposed to be rezoned to NS-G represents about 33% of the site in the southwest corner and is the most restrictive among the proposed districts. NS-G allows single- to four -family dwellings, sidewalk cafes, and some general business uses like salons, drugstores, groceries, and professional offices at a neighborhood scale. Each of the districts require development to occur in an urban form, with buildings abutting the street, incrementally taller building heights, and minimum buildable street frontages that would foster urban walkable development in a largely undeveloped area. Despite this lack if development, Highway 112 plays a critical role in the regional transportation network, making increased land use entitlements on abutting land appropriate and compatible. The area currently zoned 1-1 is proposed to remain but expand to add roughly 2.4 acres within the surrounding UT district. Staff acknowledges that rezoning would allow a significant array of uses that are not currently permitted. The current R-A and RSF-8 zoning districts allow only for low -density residences and low -impact, commercial agriculture uses which closely align with the existing condition on the property. The subject property, however, has access to basic development necessities including City water, sanitary sewer, and access to a diverse transportation network. Also, improvements are planned for Highway 112 which will likely further mitigate traffic congestion in the area by increasing the capacity of the street network to facilitate vehicle travel resulting from increased zoning entitlements. Further, a relative lack of sensitive ecological features on -site reinforces staff's opinion that the property is suitable for more dense development. The absence of nearby development or established neighborhood character may offset some of the negative effects associated with intense uses and expansive bulk and area allowances. Buildings up to seven stories including multi -family complexes, hotels, transportation trades, shopping goods, and commercial recreation sites would all be allowed in the proposed UT area towards the east end of the site. Since the east end of the site is proximate to other commercial uses and state and interstate highways the aforementioned uses are unlikely to adversely impact, and may instead be well positioned to serve residents of north Fayetteville and the larger region. Land Use Plan Analysis: Staff believes that the proposal is partially compatible with adopted land use policies, the Future Land Use Map, and goals in City Plan 2040. This area is designated as Residential and City Neighborhood Areas. Both encourage a mix of residential densities with the latter designation encouraging high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezoning request offers the potential for medium - to high -intensity mix of uses near well -trafficked street corridors. Staff finds the proposal will provide zoning allowances that will foster a development pattern that brings the higher intensity uses closer to those corridors while locating lower intensity uses further away from the interstate and intervening state highway. This pattern somewhat reflects the urban transect (see exhibit in the attached Planning Commission report), albeit on a smaller scale where development could serve to act as a node to encourage further development nearby. Further, form -based districts also allow for a higher scrutiny of design standards than conventional zoning districts. In conjunction with the Growth Concept Map's Future Land Use Map, the eastern extents of the property fall within the 15-minute walkshed of a Tier 2 Center located south, near the intersection of N. Highway 112 and W. Truckers Drive. Conversely, the infill score for the property is low. A low score may suggest that it is too soon to develop to the density requested. Though, an ample transportation network and access to essential City services like water and sewer assuage some concern and suggest the rezoning may be appropriate. Ultimately, with due consideration for the proposal's alignment with long range planning documents and the area's location among a diverse transportation network staff finds the request to be justified. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 1-4 out of 12 for this site. The following elements of the matrix contribute to the score: • Near Water Main (three 6-inch, a 12-inch, and 36-inch mains are on the properties) • Near Sewer Main (6-inch and 8-inch mains on properties) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the February 14, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Canada seconded. Commissioners who spoke in favor of the rezoning said the allowed uses would improve the development potential of the area by including non-residential and mixed -uses, by -right. Commissioners found the request to be generally compatible with the area. One member of the public commented in favor of the item at the Planning Commission meeting on February 14, 2022. They spoke approvingly about the zoning district's potential to be sensitive to the natural features of the site and enhanced walkability. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report 4 RZN-2022-000006 Close Up View BioTech Pharmacal H 1 ' B-- -------1 — — — — — — — — — — — — 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ■ - _ _ _ - _ _ _ _ _ - - _ _ _ _ _ - _ � � 1 1 y 1 1 = O 1 1 ' � r r ' � RSF-4 1 O 1 � � 1 1 ' � v 1 ' 1 1 -------------------- -------------------� Subject Property R-A VAN -------ASCHE DRPropos CS Propos J Proposed UT ,\ EProposed I * RSF-8 \ R I Proposed NS-G \' 4 Proposed NS-G Regional Link Neighborhood Link — Unclassified — Residential Link ■ I Planned Residential Link — — - Trail (Proposed) _ Design Overlay District i Planning Area Fayetteville City Limits Feet 0 220 440 880 1:7,200 ♦ . CS -------- 1,320 1,760 I-1 Zoning Acres NS-G 21.6 1-1 4.0 UT 34.3 CS 5.9 Total 65.8 Legal Description: Tract 1A/1B: TRACT 1 A: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87006'06"E 933.35' AND S00026'20"W 45.43, FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87018'08"E 1351.93' TO A SET IRON PIN, THENCE S03039'24"W 11.23' TO A FOUND NAIL, THENCE S88009104"E 258.81' TO A SET IRON PIN, THENCE S43038'06"E 56.32' TO A SET IRON PIN, THENCE S00049'19"W 123.97' TO A SET IRON PIN, THENCE S02006'14"W 10.00, TO A SET IRON PIN, THENCE S87053'46"E 10.19' TO A SET IRON PIN, THENCE S02029'00"W 582.14' TO A SET IRON PIN, THENCE N87010'46"W 1941.03' TO A FOUND IRON PIN, THENCE N01 042'59"E 178.89' TO A POINT, THENCE N0002810311E 155.47' TO A FENCE CORNER POST, THENCE S87058'47"E 298.96' TO A FENCE CORNER POST, THENCE N00026'20"E 420.62' BACK TO THE POINT OF BEGINNING. CONTAINING 31.02 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. LESS & EXCEPT A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00026'20"W 345.601, AND S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E 150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.011, THENCE S02029'38"W 405.01', THENCE N87011'04"W 203.54', THENCE N87-11'04"W 276.47', THENCE N02029'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. IN ALL CONTAINING 26.99 ACRES MORE OR LESS. TRACT I R- A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00026'20"W 345.601, AND S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E 150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.011, THENCE S02029'38"W 405.01', THENCE N87011'04"W 203.54', THENCE N87011'04"W 276.471 , THENCE NO2°29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. 2 -Washington County Parcel No. 765-15831-000 Legal Description: Tract 2 TRACT 2 A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87006'06"E 636.41', AND S00042'14"W 30.43, FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S86059'40"E 297.11' TO A FOUND IRON PIN, THENCE S00026'20"W 435.07' TO A FENCE CORNER POST, THENCE N87058'47"W 298.96' TO A FENCE CORNER POST, THENCE N00042'14"E 440.13' BACK TO THE POINT OF BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. 3 -Washington County Parcel No. 765-15830-003 Legal Description: Tract 3A/3113 TRACT 3A A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 25.61, FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87013'48"E 638.28' TO A FOUND IRON PIN, THENCE S00042'14"W 295.06' TO A POINT, THENCE N8701715211W 647.66, TO A POINT, THENCE NO2°31'36"E 295.63' BACK TO THE POINT OF BEGINNING. CONTAINING 4.36 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT 3B A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'16"W 321.24, FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87017'52"E 647.66' TO A POINT, THENCE S00042'14"W 116.29' TO A POINT, THENCE S00°28'03"W 155.47' TO A POINT, THENCE S01°42'59"W 178.89' TO A FOUND IRON PIN, THENCE S03040'04"W 161.92' TO A SET IRON PIN, THENCE N87000'12"W 656.27' TO A SET IRON PIN, THENCE N02031'36"E 608.97' BACK TO THE POINT OF BEGINNING. CONTAINING 9.19 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. 4- Washington County Parcel No. 765-15832-000 Legal Description: Tract 4A/4113 TRACT 4A A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S02031'36"W 321.24' TO A POINT, THENCE N87017'52"W 756.24, TO A POINT, THENCE N14033'54"W 331.82' TO A FOUND IRON PIN, THENCE S87035'29"E 853.75' BACK TO THE POINT OF BEGINNING. CONTAINING 5.90 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT 4B A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 321.24, FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S02031'36"W 863.65' TO A POINT, THENCE N87032'55"W 584.38' TO A POINT, THENCE N10048'22"E 209.10' TO A FOUND IRON PIN, THENCE N07056'28"W 284.34' TO A FOUND IRON PIN, THENCE N25038'41"W 166.12' TO A FOUND IRON PIN, THENCE N14°33'54"W 244.57' TO A POINT, THENCE S87017'52"E 756.24' BACK TO THE POINT OF BEGINNING. CONTAINING 12.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jessie Masters, Development Review Manager Ryan Umberger, Senior Planner February 14, 2022 SUBJECT: RZN-2022-000006: Rezone (3492 N. HWY. 112/BIOTECH PHARMACAL, 208, 209): Submitted by VERDANT STUDIOS for properties located SOUTH OF W. HWY 112. The properties are zoned R- A, RESIDENTIAL AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains four parcels with approximately 65.90 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL. RECOMMENDATION: Staff recommends forwarding RZN-2022-000006 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000006 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in north Fayetteville, south and west of Highway 112 and approximately 1,000 feet west of 1-49. Highway 112 borders the property to the north and east and N. Deane Solomon Road borders to the west. The rezoning request involves four properties, totaling approximately 65.90 acres, which are zoned a mix of R-A, Residential Agricultural, RSF- 8, Residential Single-family, 8 Units per Acre, and 1-1, Heavy Commercial & Light Industrial. Across the entirety of the site the properties are developed with three single-family buildings, two residential outbuildings, two commercial structures, and an associated warehouse outbuilding. The westernmost property is entirely undeveloped. Vegetation and tree canopy cover a considerable portion of the subject area, though none of it is within the Hillside Hilltop Overlay District. An unnamed protected stream, and part of the Illinois River watershed, bisects the westernmost property and is present in the southwest corner of the adjoining property to the east. A planned trail connection runs along the north and east boundary of the site, part of which serves as a connection to the Clabber Creek Trail which runs parallel to W. Van Asche Drive to the east. Surrounding land uses and zoning are depicted in Table 1. Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 1 of 42 Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Single-family Residential R-A, Residential Agricultural; RSF-4, Residential Single-family, 4 Units per Acre South Fellowship Bible Church/Single-family R-A, Residential -Agricultural; CS, Community Services Residential East ArDOT Offices/Commercial C-2, Thoroughfare Commercial West Single-family Residential R-A, Residential Agricultural; RSF-4, Residential Single-family, 4 Units per Acre Request: The request to rezone the property from R-A, Residential Agricultural (32.34 acres), RSF-8, Residential Single-family, 8 Units per Acre (31.93 acres), and 1-1, Heavy Commercial & Light Industrial (1.63 acres) to NS-G, Neighborhood Services -General (21.63 acres), CS, Community Services (5.90 acres), UT, Urban Thoroughfare (34.34 acres), and 1-1, Heavy Commercial & Light Industrial (4.03 acres). The applicant has not shared any specific development plans, though they have stated that the rezoning will allow for a mix of commercial and residential uses and with varying densities. Public Comment: Staff has received a few inquiries about the request, but none have offered specific comments in support or opposition. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Highway 112 and N. Highway 112. W. Highway 112 is a partially improved Regional Link Street with asphalt paving, curb and gutter. N. Highway 112 is a partially improved Regional Link Street with asphalt paving and open ditches. The subject area also has frontage along N. Deane Solomon Road. N. Deane Solomon Road is a partially improved Neighborhood Link Street with asphalt paving and open ditches. Any street improvements would be determined at the time of development proposal. Water: Public water is available to Tract la. Existing 6-inch, 12-inch, and 36-inch water mains are present along the north side of W. Highway 112, east side of N. Highway 112, and west side of N. Highway 112, respectively. A direction connection to the 36-inch main is not allowed, though. Public water is available to Tract 1 b. An existing 6-inch water main is present in the north part of the subject property. Public water is available to Tract 2. An existing 6-inch water main is present along the north side of W. Highway 112. Public water is available to Tract 3a. An existing 6- inch water main is present along the north side of W. Highway 112. Public water is available to Tract 4a. An existing 6-inch water main is present along the north side of W. Highway 112. Public water is not available to Tracts 3b and 4b. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along the west side of the subject property. Another existing 6- inch sanitary sewer main is present along the southeast side of the subject property. 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 8, located at 2266 W. Deane Street, protects this site. The property is Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 2 of 42 located approximately 2.3 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: A portion of the subject area has hydric soils, and a protected stream is present. No portion of the subject area lies within the Hillside Hilltop Overlay District (HHOD) or a FEMA floodplain. Hydric soils are also present on the subject property. They are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the west side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: Existing Zoning • R-A, Residential Agricultural preservation. • RSF-8, Residential Single-family, minimum canopy preservation. requires 25% minimum canopy Eight Units per Acre requires 20% 1-1, Heavy Commercial and Light Industrial requires 15% minimum canopy preservation. Proposed Zoning Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 3 of 42 • NS-G, Neighborhood Services General requires 20% minimum canopy preservation. • CS, Community Services requires 20% minimum canopy preservation. • UT, Urban Thoroughfare requires 15% minimum canopy preservation. • 1-1, Heavy Commercial and Light Industrial requires 15% 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 Residential Neighborhood and City Neighborhood Areas. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. The following guiding policies are designed to encourage future and existing residential neighborhoods to be or become more complete, compact, and connected: 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 score range between 1-4 out of 12 for this site. Per the Planning Commission's Infill Matrix weighting, this represents an average weighted score of 4.5 at the highest level. The following elements of the matrix contribute to the score: • Near Water Main (three 6-inch, a 12-inch, and 36-inch mains are on the properties) • Near Sewer Main (6-inch and 8-inch mains on properties) • Near Paved Trail (Clabber Creek Trail) • Appropriate Future Land Use (City Neighborhood Area) 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 be mostly compatible with the surrounding properties. The subject property is located among low - Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 4 of 42 density residential properties to the north, west, and southwest. Fellowship Bible Church abuts the property to the south and commercial uses are present to the east and further afield to the south. The area is characterized by sparse development of any type. Only a single conventional residential subdivision, Belclaire Estates, in the general vicinity. A few commercial sites are within a short distance but are mostly limited to businesses that attract a regional customer base like the Fayetteville Auto Park, 112 Drive-in Theatre, and Sam's Club. The property itself is composed of a few large -lot residences and a Bio-Tech Pharmacal production facility. Only about five acres of the nearly 66-acre site contain hydric soils and the protected stream is located towards the western extent of the subject area. The requested zoning districts, NS-G, Neighborhood Services -General, CS, Community Services and UT, Urban Thoroughfare, would bring an incrementally scaled development pattern with the most intense and varied uses covering roughly 60% of the east and northern extents of the property. This area, proposed to be rezoned to UT, runs the gamut of residential uses, allowing everything from single- to multi -family developments. It also allows the widest variety of non-residential uses, including hotels, transportation services like auto sales and body shops, gas stations, commercial recreational sites, liquor stores, and expanded shopping goods in addition to everything permitted in CS zoning. The area proposed to be zoned CS represents a similar mix of residential and commercial uses but restricts non-residential uses to a degree. CS zoning allows for restaurants, smaller scale shopping goods, and offices, among its by -right non-residential uses. This area is proposed for the northwest corner of the site. The area proposed to be rezoned to NS-G represents about 33% of the site in the southwest corner and is the most restrictive among the proposed districts. NS-G allows single- to four -family dwellings, sidewalk cafes, and some general business uses like salons, drugstores, groceries, and professional offices at a neighborhood scale. Each of the districts require development to occur in an urban form, with front build -to -zones, incrementally taller building heights, and minimum buildable street frontages that would foster urban walkable development in a largely undeveloped area. The area currently zoned 1-1 is proposed to remain but expand to add roughly 2.4 acres within the surrounding UT district. Staff acknowledges that rezoning would allow a significant array of uses that are not currently permitted. The current R-A and RSF-8 zoning districts allow only for low -density residences and low -impact, commercial agriculture uses which closely align with the existing condition on the property and its surroundings today. The subject property, however, has access to basic development necessities including City water, sanitary sewer, and access to a diverse transportation network. Further, a relative lack of sensitive ecological features on -site reinforces staff's opinion that the property is suitable for more dense development. The absence of nearby development or established neighborhood character, in this case, may offset some of the negative effects associated with intense uses and expansive bulk and area allowances. Buildings up to seven stories including multi -family complexes, hotels, transportation trades, shopping goods, and commercial recreation sites would all be allowed in the proposed UT area, towards the east end of Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 5 of 42 the site and are unlikely to detract from and may serve residents of north and northwest Fayetteville. Land Use Plan Analysis: Staff believes that the proposal is partially compatible with adopted land use policies, the Future Land Use Map, and goals in City Plan 2040. This area is designated as Residential and City Neighborhood areas, both of which encourage a mix of residential densities with the latter designation encouraging high density, mixed -use structures to allow people to live, work, and shop in the same area. Staff finds that this rezoning request offers the potential for medium- to high -intensity mix of uses near well -trafficked street corridors. Staff finds the proposal will provide zoning allowances that will foster a development pattern that brings the higher intensity uses closer to those corridors while locating lower intensity uses further away from the interstate and intervening state highway. This pattern somewhat reflects the urban transect (exhibit attached), albeit on a smaller scale where development could serve to act as a node to encourage more rooftops in the area. Further, form -based districts also allow for a higher scrutiny of design standards than conventional zoning districts. In conjunction with the Future Land Use Map, the eastern extents of the property fall within the 15-minute walkshed of a Tier 2 Center located south, near the intersection of N. Highway 112 and W. Truckers Drive. Conversely, the infill score for the property is low. A low score may suggest that it is too soon to develop to the density requested. Though, an ample transportation network and access to essential City services like water and sewer assuage some concern and suggest the rezoning may be appropriate. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant did not indicate or offer a specific development proposal along with this request. Staff finds that upzoning is consistent with long-term land use plans and reflects aspects of City Plan 2040 as Residential and City Neighborhood areas, therefore making this request justified. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property carries an associated potential to create and appreciably increase traffic in this area. Given the size of the property and existing context, any development is likely to generate more traffic that what currently exists. With that said, close access to the interstate, public trail network, and Regional and Neighborhood Link Streets that currently operate under their designed service capacity the impact to the transportation network will likely be limited. Further, the opportunity to bring a mix of uses to the area may limit automobile trips from rising to a level that would otherwise be undesirable. 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. Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 6 of 42 Finding: Rezoning the property carries an associated potential to drastically increase the population density and, therefore, increase the load on public services. The proposed CS and UT districts do not have a density maximum should residential uses be developed on the site. The property has direct access to multiple water and sanitary sewer mains, which should be able to handle an increased load on public services resulting from future development. 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 approval of RZN-2022-000006. PLANNING COMMISSION ACTION: Required YES Date: February 14, 2022 O Tabled O Forwarded O Denied Motion: Second: Vote: Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 7 of 42 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03, District R-A, Residential -Agricultural o §161.09, District RSF-8, Residential Single-family, 8 Units per Acre o §161.19, District NS-G, Neighborhood Services -General o §161.22, District CS, Community Services o §161.24, District UT, Urban Thoroughfare o §161.30, District 1-1, Heavy Commercial and Light Industrial • Urban Transect Exhibit • Applicant Request Letter • Applicant Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 8 of 42 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half ('/2) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 9 of 42 additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427, §§1(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." Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 10 of 42 161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Ri ht Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two 2 family 50 feet Townhouse, no more than two 2 attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 11 of 42 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 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." Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 12 of 42 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (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 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (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 13 Eating laces Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet All other uses None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 13 of 42 A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; 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." Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 14 of 42 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services 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 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 15 of 42 (2) Lot Area Minimum. None. (E) 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 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427 , §§1(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." Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 16 of 42 161.24 Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating laces Unit 14 Hotel, motel and amusement services 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 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale preduction Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 1 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 17 of 42 (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) 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 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) 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 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) Minimum buildable street frontage. 50% of the lot width. (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, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; 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." Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 18 of 42 161.30 District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 1 Mini -storage units Unit 43 1 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 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. Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 19 of 42 (G) Building Area. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; 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. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission February 14, 2022 Agenda Item 11 RZN-22-000006 BioTech Page 20 of 42 N N OD CD C ol a0 co -3 CD O N. 0 E N O S N 0 Planning Department City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 REZONE REQUEST OF: 1 -Washington County Parcel No. 765-15830-001 Owner: BFT Rental LLC Type: (CG) Com/Agri. Impr. Address: 3487 N HWY 112 Size: 33.27 Acres 2 -Washington County Parcel No. 765-15831-000 Owner: BFT Rental LLC Type: (RI) Res. Improv. Address: 2019 W HWY 112 Size: 2.9 Acres 3 - Washington County Parcel No. 765-15830-003 Owner: BFT Rental LLC Type: (Al) Agri. Improv. Address: 2205 W HWY 112 Size: 13.52 Acres 4- Washington County Parcel No. 765-15832-000 Owner: BFT Rental LLC Type: (AV) Agri. Use/Vacant Address: 3480 N. Deane Solomon Rd. Size: 18.41 Acres NARRATIVE STATEMENT: The rezoning request is for approximately 68.1 acres of county property separated into four tracts. Note, the referenced tract number to be used in future descriptions within application to differentiate the current subdivisions of property. It is faced to the north by undeveloped zoning R-A bordering Fayetteville City limits, C-2 to the east and RSF-4/R-A to the west. The property is bordered to the south by properties zoned C-S. For Tract 1 (Washington County Parcel No. 765-15830-001), the applicant requests that this property to be zoned UT, and expand the boundary of the current 1-1 district. — RE: metes and bounds description attached. For Tract 2 (Washington County Parcel No. 765-15831-000), the applicant requests that this property to be zoned UT. For Tract 3 (Washington County Parcel No. 765-15830-003), the applicant requests that this property to be divided between NS-G and UT district — RE: metes and bounds description attached. For Tract 4 (Washington County Parcel No. 765-15832-000), the applicant requests that this property to be divided between NS-G and CS district — RE: metes and bounds description attached. The proposed zoning follows the City of Fayetteville projected land use for this area of Fayetteville. The City Plan 2040 Future Land Use designates Tract 1, Tract 2 and Tract 3 to be within City Neighborhood, Tract 4 within Residential Neighborhood. Following the ideals of a form -based code, Tract 4, will remain primarily residential in nature, aiming to create opportunities for affordable housing through a variety of housing types with appropriate scale/density to its surrounding areas. The subdivision proposed to be designated CS would allow more diversity of non- residential uses to support the developed and planned neighborhoods, also in keeping with traditional low intensity and non-residential uses outlined for this land use. To the east, Tract 1-3, is envisioned to be a wellness -oriented zone accessible to the residential neighborhoods nearby, and to be faced by planned `Urban Center' land use to the east. This would be a higher intensity area than that of Track 4, offering much needed non-residential uses/intensity (unavailable in R-A district) such as medical offices and suites, food stores, retail, general services, and spiritual spaces. Contextually, the UT district is congruent with the automobile traffic of state Highway 112, though its intent is to serve the city of Fayetteville not the regional population. District zone 1-1 is proposed to remain as is but with the extension of its borders to add + 2.4 acres. The City Plan 2040 Future Land Use also recognizes existing conventional developments on site and their potential for redevelopment. Existing production/administrative/manufacturing uses on structures within 1-1 are to be relocated to a planned facility northeast of pond. This will allow a holistic use of the south facing building by the pond. All other programming in 1-1 will be of commercial nature. As a collective, Tracts 1-4 aim to promote general wellness (physical, emotional, spiritual, social) through thoughtful programming, careful workplace/retail distribution, context -sensitive building/streets, and constant exposure to the natural environment —guided by the program goals of Plan 2040. We recognize the need for more attainable housing in the area while also discouraging suburban sprawl, thus the requested zones allow a variety of housing types and create more opportunities for small home businesses to flourish within the residential landscape. Additionally, the mixed use and commercial areas (CS/UT) seek to provide areas where residents can access personal services, employment, and leisure within a 5-minute walk. This would improve and increase comfortable pedestrian access throughout the area, thereby encouraging social interactions, walkability, and connectivity between the neighborhoods. NS-G- NEIGHBORHOOD SERVICES - GENERAL (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed -use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. 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 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals 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 13 Eating places Unit 16 Shopping goods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 35 feet (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit (E) Setback regulations. Front Side Side -Zero Lot Line* Rear Rear when contiguous to a single-family residential district A build -to zone that 5 A setback of less None 15 feet is located between feet than 5 feet (zero lot the front property line) is permitted on line and a line 25 one interior side, feet from the front provided a property line. maintenance agreement is filed". The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. CS- COMMUNITY SERVICES (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. Permitted Uses Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services 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 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet (2) Lot Area Minimum. None. (E) 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 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. URBAN THOROUGHFARE (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services 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 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store Unit 40 Sidewalk cafes Unit 41 Accessory Dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Conditional Uses Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling 18 feet All other dwellings None Non-residential None (2) Lot area minimum. None (E) 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 a 15 feet single-family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) 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 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) Minimum buildable street frontage. 50% of the lot width. V E=_ FR ID A NJ _F =1 _F U ED = C) art - architecture 216 W. BIRCH ST SUITE 101 ROGERS, AR 72756 JESSICA HESTER jessica@verdant-studio.com (479)-755-2904 CONTEXT. CITY OF FAYETTEVILLE R j R a ;a N z REZONING REQUEST OF TRACTS: 1 - Washington County Parcel No. 765-15830-001 3 - Washington County Parcel No. 765-15830-003 2 -Washington County Parcel No. 765-15831 -000 4- Washington County Parcel No. 765-15832-000 Ak7S.,� oommmlft� .7 - a_ m MM� EXISTING ZONING: RA, SRF-8, CS + 1-1 RSF4 R-A 4 Z SRF4 3 RSA. RSF•S R-A W 1 "IN •+fit dr cis R-A: Residential- Agricultual 1-1: Heavy Commercial ® CS: Reference only - /Light Industrial Not subject to rezoning RSF-8: Residential Single Family (8 Units/Acre) 4: Parcel Ref. Number ZONING OVERLAYS: 15% SLOPE, STREAMSIDE PROTECTION, EGN 4 Z w 3 --„ .,. O Enduring Green Network 15%> Slope Areas Streamside Protection Zone N #:W- VE-FREDAICIT STVED20 N 1. art • architecture N -n 7 ( (D D 3 N0(0 O O N (D W O Z o ww°7 �3 COO CD3• o -1 3 cn A 0 _ N O N 3— N 7 FUTURE LAND USE: 2040 FAYETEVILLE PLAN RESIffENClAL 4 x•' 2- wn Esc x1 NEfGHBORHOOD CITV REIGHBORHppp b HEIGHHORHOpp z z Residential Neighborhood City Neighborhood Urban Center UTILITIES: WATER/SEWER LINE 4 3 . S;yq Lnu: I ;- mew — — — Utility Easement Zone 4 Parcel Ref. Number PROPERTY CONTEXT REZONING PROPOSAL 12.15.21 2 REZONING DIAGRAM Seeking to rezone Tract 1 4 (as + i OUTSIDE aFCITY LIMITS shown on diagram) with intention to provide wellness- oriented ) W7 Ivy Owl- , --„ services and resources. y- VAN ASCiff 4a 3a Tracts Subject to Rezoning _ 2 Ly'ilj NSG: Neighborhood Services General 4b � 1 b ' 3b Y 1a �•- . ■ CS: Community Services qK UT: Urban Thoroughfare ■ 1-1: Heavy Commercial r /Light Industrial Owned Adjacent Property: No. 765-15830-008 - Shown as ► Y r hatch for context, not subject to 0 �y rezoning. y Spaces that promote deeper l connections to ourselves, our neighbors, our community and our land. ls X #:W- u E-= FR =) A IV T I PROPOSED ZONING N STV�2O Z REZONING PROPOSAL N—Mg1.� art • architecture 12.15.21 N -n 7 ((D 3 D SF N O O a) cc CD (D M , Z O v 3 A 0' (D _ om3No(n A 0 _ N O N 3— N 7 3 a.n N-A n-A R•A } :4a: l3a27k 4b. 1b 1a PROPOSED ZONING AREAS & SUBDIVISION X #:W- VE-F2[DAIVT N STVED z N art • architecture ( m D 3 a�C) v� c`Qn CD o ww°7 �3 Cn o m 3• o m 3 No cn A 0 _ N O N 3 — N 7 CURRENT ZONING AREAS & SUBDIVISION 43' 2 SRF-8 SRF.S 13.5 Acres R.A 18.2 Acres 2.9 Acres M lb R.A 1a 1.6 Acres 33.3 Acres N JREZONING AREAS REZONING PROPOSAL 4 12.15.21 METES AND BOUNDS OF: 1- Washington County Parcel No. 765-15830-001 2 - Washington County Parcel No. 765-15831-000 3 - Washington County Parcel No. 765-15830-003 4- Washington County Parcel No. 765-15832-000 'Refer to attached doc. for additional property information ■ CS: Community Services ■ NSG: Neighborhood Services- General ■ UT: Urban Thoroughfare ■ 1-1: Heavy Commercial/Light Industrial ® Owned Adjacent Property Shown as hatch for context, not subject to rezoning. TRACT 1A: APART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND APART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87-06'06"E 933.35' AND S00°26'20"W 45.43' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°18'08"E 1351.93' TO A SET IRON PIN, THENCE S03o39'24"W 11.23' TO A FOUND NAIL, THENCE S88-09'04"E 258.81' TO A SET IRON PIN, THENCE S43°38'06"E 56.32' TO A SET IRON PIN, THENCE S00°49'19"W 123.97' TO A SET IRON PIN, THENCE S02oO6'14"W 10.00' TO A SET IRON PIN, THENCE S87°53'46"E 10.19' TO A SET IRON PIN, THENCE S02°29'00'W 582.14' TO A SET IRON PIN, THENCE N87ol0'46"W 1941.03' TO A FOUND IRON PIN, THENCE N01 °42'59"E 178.89' TO A POINT, THENCE N00°28'03"E 155.47' TO A FENCE CORNER POST, THENCE S87-58'47"E 298.96' TO A FENCE CORNER POST, THENCE N00°26'20"E 420.62' BACK TO THE POINT OF BEGINNING. CONTAINING 31.02 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. LESS & EXCEPT A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT POINT WHICH IS S87-06'06"E 933.35', S00°26'20"W 345.60', AND S87-11'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87ol1'04"E 150.00', THENCE NO2-29'38"E 125.00', THENCE S87°11'04"E 330.01', THENCE S02-29'38"W 405.01', THENCE N87-11'04"W 203.54', THENCE N87°11'04"W 276.47', THENCE NO2o29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. IN ALL CONTAINING 26.99 ACRES MORE OR LESS. TRACT 1B: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87-06'06"E 933.35', S00°26'20"W 345.60', AND S87-11'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°11'04"E 150.00', THENCE NO2°29'38"E 125.00', THENCE S87ol1'04"E 330.01', THENCE S02o29'38"W 405.01', THENCE N87°11'04"W 203.54', THENCE N87-11'04"W 276.47', THENCE NO2-29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT 2: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS S87-06'06"E 636.41, AND S00°42'14"W 30.43' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S86°59'40"E 297.1l' TO A FOUND IRON PIN, THENCE S00°26'20"W 435.07' TO A FENCE CORNER POST, THENCE N87-5847"W 298.96' TO A FENCE CORNER POST, THENCE N00°42'14"E 440.13' BACK TO THE POINT OF BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IFANY. CONTINUED ON FOLLOWING PAGE A:V- VEEFROAfVT STV�20 N art • architecture N -n 7 CD �. 0 a':2 0 co—3 (Cb O N. 0 E N O 3 N 7 METES AND BOUNDS REZONING PROPOSAL 12.15.21 METES AND BOUNDS OF: 1- Washington County Parcel No. 765-15830-001 2 - Washington County Parcel No. 765-15831-000 3 - Washington County Parcel No. 765-15830-003 4- Washington County Parcel No. 765-15832-000 'Refer to attached doc. for additional property information ■ CS: Community Services ■ NSG: Neighborhood Services- General ■ UT: Urban Thoroughfare ■ 1-1: Heavy Commercial/Light Industrial ® Owned Adjacent Property Shown as hatch for context, not subject to rezoning. TRACT 3A: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02o3l'O2"W 34.99' AND S02o3l'36"W 25.61' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°13'48"E 638.28' TO A FOUND IRON PIN, THENCE S00°42'14"W 295.06' TO A POINT, THENCE N87-17'52"W 647.66' TO A POINT, THENCE NO2°31'36"E 295.63' BACK TO THE POINT OF BEGINNING. CONTAINING 4.36 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT3B: A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02°31'02"W 34.99'AND S02°31'16"W 321.24' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°17'52"E 647.66' TO A POINT, THENCE S00°42'14"W 116.29' TO A POINT, THENCE S00°28'03"W 155AT TO A POINT, THENCE S01 °42'59"W 178.89' TO A FOUND IRON PIN, THENCE S03-40'04"W 161.92' TO A SET IRON PIN, THENCE N87°00'12"W 656.27' TO A SET IRON PIN, THENCE NO2°31'36"E 608.97' BACK TO THE POINT OF BEGINNING. CONTAINING 9.19 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT 4A: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02o3l'O2"W 34.99' FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S02o3l'36"W 321.24' TO A POINT, THENCE N87°17'52"W 756.24' TO A POINT, THENCE N14°33'54"W 331.82' TO A FOUND IRON PIN, THENCE S87°35'29"E 853.75' BACK TO THE POINT OF BEGINNING. CONTAINING 5.90 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. TRACT4B: A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS S02°31'02"W 34.99' AND S02°31'36"W 321.24' FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S02°31'36"W 863.65' TO A POINT, THENCE N87°32'55"W 584.38' TO A POINT, THENCE N10-48'22"E 209.10' TO A FOUND IRON PIN, THENCE N07-56'28"W 284.34' TO A FOUND IRON PIN, THENCE N25-38'41"W 166.12' TO A FOUND IRON PIN, THENCE N14°33'54"W 244.57' TO A POINT, THENCE S87°17'52"E 756.24' BACK TO THE POINT OF BEGINNING. CONTAINING 12.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY. A:V- VEEFR0AfVT STV�20 N art • architecture N -n 7 CD �. 0 a':2 0 co—3 (Cb O N. 0 E N O 3 N 7 METES AND BOUNDS REZONING PROPOSAL 12.15.21 R-A, R-A R-A ZONING USES BY RIGHT - FOR REFERENCE R.A — NSG: Neighborhood Services or CS: Communi USES: Mixed use with medium Intensity USES: Mixed Use centers • (1) City-wide uses by right • (8) Single Family Dwellings • (9) Two-family dwelling • (10) Three (3) and four (4) family dwellings • (12b) General Business • (24) Home occupations • (40) Sidewalk cafes • (41) Accessory dwellings • (44) Cluster housing development • (46) Short term rentals A:V- VE=FR0AfVT STV�20 N art • architecture N -n 7 CID �. o D a 7 N O N COD 0) '_ N 00 — A O CD- �, O N ON A0 ENO N S N 0 ■ CS: Community Services c'� ■ NSG: Neighborhood Services- General ■ UT: Urban Thoroughfare cs ■ 1-1: Heavy Commercial/Light Industrial ® Owned Adjacent Property Shown as hatch for context, not subject to rezoning. USES: Concentrated commercial and mixed use • (1) City-wide uses by right (1) City-wide uses by right • (4) Cultural and recreational facilities (4) Cultural and recreational facilities • (5) Government Facilities (5) Government facilities • (8) Single Family dwellings (8) Single Family Dwellings • (9) Two-family dwellings (9) Two-family dwelling • (10) Three and four family dwellings (10) Three (3) and four (4) family dwellings • (13) Eating places (13) Eating places • (15) Neighborhood Shopping goods (14) Hotel, motel and amusement services • (16) Shopping goods • (17) Transportation trades and services • (18) Gasoline stations and drive-in/drive-thru (18) Gasoline stations and drive-in/drive-thru • (19) Commercial regreation, small sites • (24) Home Occupations (24) Home occupation • (25) Offices, studios and related services (25) Offices, studios and related services • (26) Muti-family dwellings (26) Multi -family dwellings • (34) Liquor store • (40) Sidewalk cafes (40) Sidewalk cafes • (41) Accessory dwellings (41) Accessory dwellings • (44) Cluster Housing Development (44) Cluster Housing Development • (45) small scale production (45) Small scale production • (46) short term rentals (46) Short term rentals USES: Commercial and light industrial use • (1) City-wide uses by right • (3) Public Protection and utility facilities • (4) Cultural and recreational facilities • (5) Government Facilities • (6) Agriculture • (13) Eating Places • (16) Shopping goods • (17) Transportation trades and services • (18) Gasoline stations and drive-in/drive-thru • (21) Warehousing and wholesale • (22) Manufacturing • (25) Offices, studios and related services • (27) Wholesale bulk petroleum storage facilities • (42) Clean technologies USES BY RIGHT COMPARISON � REZONING PROPOSAL 7 12.15.21 RZN-2022-000006 One Mile View -NIC 0 / 1 1 1 1 Regional Link Neighborhood Link Freeway/Expressway Unclassified Residential Link INN Planned Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits r i Planning Area BioTech Pharmacal NORTH 0 0.13 0.25 0.5 Miles 1 1 1 1 1 1 1 '------------- r-------- - - - - - - � 1 � 1 � 1 � 1 � 1 NSF-4 i 1 � 1 � 1 " Subject Property - - — 1 \ 1 1 ,VAN' CHE DR RSF-8 R-A CS \ ♦♦ I O RPZDWill I rl RMF-12 l l � I I 1 i Zonhme MI-2 Ganaral maaamal RESIDENTUL SINGLE-FAMILY EXTRACTION N-G 11 RI-u COMMERCIAL RSFn FORM BASED DISTRICTS RSF-2 MRSF-0 �111 ThomagMareRSF-] <imits MeinRSF-SRSF-18RESIDENTIAL MULTI -FAMILY NeigbborM1ooa semces RMF-8 NeigM1borM1ootl ConservationRMF-12 PLANNEDZONING DISTRICTS RMF-18RMF-20 � Commercial, Intl slnal, Resltlentlal uPla RMF-00INSTITUTIONAL Fay INDUSTRIAL I-1 Heavy Commevtlal-d Light Indusltlel RZN-2022-000006 Close Up View BioTech Pharmacal H 1 ' B-- -------1 — — — — — — — — — — — — 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ■ - _ _ _ - _ _ _ _ _ - - _ _ _ _ _ - _ � � 1 1 y 1 1 = O 1 1 ' � r r ' � RSF-4 1 O 1 � � 1 1 ' � v 1 ' 1 1 -------------------- -------------------� Subject Property R-A VAN -------ASCHE DRPropos CS Propos J Proposed UT ,\ EProposed I * RSF-8 \ R I Proposed NS-G \' 4 Proposed NS-G Regional Link Neighborhood Link — Unclassified — Residential Link ■ I Planned Residential Link — — - Trail (Proposed) _ Design Overlay District i Planning Area Fayetteville City Limits Feet 0 220 440 880 1:7,200 ♦ . CS -------- 1,320 1,760 I-1 Zoning Acres NS-G 21.6 1-1 4.0 UT 34.3 CS 5.9 Total 65.8 RZN-2022-000006 Current Land Use Single -Family Residential BioTech Pharmacal Single -Family Residential A Subject Property 2 g Cultural/Residential , ,C"i- - - - ------- Y T>wvy`i• � t. f � � e a P '�� r �� � c (.e � .• of r-_,t� a lr Asti itJ' J i — ew7top dc NORTH T" Regional Link FEMA Flood Hazard Data Neighborhood Link - Unclassified 100-Year Floodplain Residential Link ■ I Planned Residential Link Feet Floodway - Trail (Proposed) r ' Planning Area 0 220 440 880 1,320 1,760 Fayetteville City Limits :�'�oo _ I Design Overlay District RZN-2022-000006 BioTech Pharmacal Future Land Use N 0 RT H ------- -----------------�'-------------------, i 4� N qd 1 f ' 0) ' I Residential 0 w jqM ! &Neighborhood r J L ' O ir .�--------------------------------- _T Subject PropertyVAN -_-__112______________ ' ' W - ASCHE DR , I , I I , I SArL M RD — city f . Neighborhood i i i I I Z I O Ll I O O - ----� .----'��-------- --- ---- ---__ !vT Natural O Urban Center Regional Link City Neighborhood Neighborhood Link Civic Institutional — Unclassified Civic and Private Open Space Residential Link Industrial ■ I Planned Residential Link Feet Natural i - Planning Area Non -Municipal Government Fayetteville City Limits 0 220 440 880 1,320 1,760 Residential Neighborhood — — Trail (Proposed) Rural Residential _ Design Overlay District '7'�0o Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0252 Agenda Date: 4/19/2022 Version: 1 Status: First Reading In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.5 RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-011 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 RSF-8, Residential Single Family, 8 Units Per Acre to NC, Neighborhood Conservation. 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 411312022 City of Fayetteville Staff Review Form 2022-0252 Legistar File ID 4/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/18/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN, 557): Submitted by COMMUNITY BY DESIGN, INC. for property located at 3220 W. OLD FARMINGTON RD in Ward 1. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 20.40 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: March 18, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN, 557): Submitted by COMMUNITY BY DESIGN, INC. for property located at 3220 W. OLD FARMINGTON RD in Ward 1. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 20.40 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located on the south slope of Millsap Mountain and north side of W. Old Farmington Road. The property is the site of two recent development applications; a rezoning (RZN-2021-000072) and a conditional use permit for a cluster housing development (CUP-2021- 000056) were approved in 2021. The site slopes rapidly downward from its northern boundary to the two small ponds located roughly halfway to W. Old Farmington Road to the south. Between these ponds and Old Farmington Road, the site becomes more level. Approximately six to seven acres of the property's northern extent is designated as Hillside -Hilltop Overlay District in association with the steep terrain and significant tree canopy present. Other site characteristics include a protected, unnamed tributary of the Farmington Branch which runs parallel to the western property line. Request: The request is to rezone the property from RSF-8, Residential Single-family, Eight Units per Acre to NC, Neighborhood Conservation. The applicant indicates in the request letter that the purpose of the rezoning application is to create flexibility in the front setback requirement associated with the development of the approved cluster housing development. Public Comment: Staff has received inquiries about the proposal, but no comments in opposition or support of the request. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: The proposed zoning is compatible with the surrounding land use pattern of the area. Zoning regulations for the existing RSF-8 and proposed NC district are similar but vary in a few key aspects. The permitted uses of each district are identical, but the allowed conditional uses differ. RSF-8 allows for Use Unit 5, Government Facilities which includes City/County jails, courts, fire stations, libraries, post offices, and detention homes among its allowed conditional uses where NC does not. Conditional uses in NC include Use Units 10, 25, and 28, Three and Four -family Dwellings, Offices Studios and Related Service, and Centers for Collecting Recyclable Materials, respectively. RSF-8 zoning limits density to eight units per acre, requires 50-foot lot widths and 5,000 square feet minimum lot area. Conventional setbacks require dwellings to be setback 15 feet in the front and 5 feet on the rear and sides. NC zoning has a 10 unit per -acre maximum density, with 40-foot lot widths and 4,000 square foot lots. Instead of a front setback, NC has a 0-25-foot build -to zone. Side and rear setbacks are 5 feet or 12 feet in the rear from the centerline of an alley, when applicable. Uses immediately adjacent to the subject area are primarily single-family residences. An approved cluster housing development borders the subject to the east and is under construction. Further away, but within a quarter mile, a wide array of commercial and recreational uses would be easily accessible to potential residents. Centennial Park, multiple grocery stores, various retail, restaurant, and institutional services can be accessed along the W. Martin Luther King Jr. corridor. Staff finds the request to rezone to NC would incrementally increase the permitted density to a degree that is appropriate given the surrounding development and mix of uses. Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. While the single -use nature of the district may not be consistent with the aims of the future land use designation, the single-family zoning district will help to ensure that development of the site is of an appropriate scale and context with the adjoining properties. The infill score of the site is moderate. The lowest scoring area follows the west end of the property, near the protected stream and the highest scoring areas are located south near W. Old Farmington Road. The property is located between two Tier 2 Centers; approximately a half -mile to the east at 1-49 and W. Martin Luther King Jr. Boulevard and approximately three-quarters of a mile to the west at S. Rupple Road and W. Martin Luther King Jr. Boulevard. Lastly, staff finds the setbacks of the proposed NC zoning will create efficiencies in the development pattern of the site. In particular, a build -to zone, in lieu of a traditional setback will require dwellings to address the street and may afford more sensitive development of the property with respect to the terrain. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 4-7 attributes for this site that may contribute to appropriate infill. The variance is largely due to the property's size and depth extending from W. Old Farmington Road. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #6, 990 S. Hollywood Avenue) • Near Sewer Main (6-inch north of W. Old Farmington Road) • Near Water Main (6-inch main north of W. Old Farmington Road) • Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.) Near City Park (Centennial Park, Finger Park) Near Paved Trail (Shiloh Trail) Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.) DISCUSSION: At the March 14, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Sparkman seconded. Commissioner Winston noted that the existing and proposed districts were similar in terms of use and density limitations but had significant bearing on development patterns. No public comment was heard at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-000011 Close Up View RSF r Hillside -Hilltop Overlay District ` Planning Area r-- L _ I Fayetteville City Limits Trail (Proposed) Stricklin Subject Property RSF Feet 0 75 150 300 450 1 inch = 200 feet EXHIBIT 'A' RZN-2022-000011 " RSF-18 WD pN RO RSF-4 ----------------- i NORTH Residential -Agricultural RSF-2 RSF-4 RSF-8 RSF-18 . C-1 M c 2 600 Neighborhood Conservation Commercial, Industrial, Residential RZN-2022-000011 EXHIBIT 'B' EXHIBIT #1 - SURVEY DESCRIPTION OF PROPERTY TO BE REZONED A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND PART OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 19, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 19; THENCE NORTH 87'11,19" WEST A DISTANCE OF 630.00 FEET TO A FOUND 1/2" REBAR BEING THE POINT OF BEGINNING; THENCE SOUTH 02'14'30" WEST A DISTANCE OF 210.20 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 87°23'03" EAST A DISTANCE OF 335.98 FEET TO A FOUND PIPE; THENCE SOUTH 02'08'53" WEST A DISTANCE OF 706.11 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 76'53'45" WEST A DISTANCE OF 134.91 FEET TO A FOUND 1/2" REBAR; THENCE NORTH 12'23'01" WEST A DISTANCE OF 95.39 FEET TO A FOUND 5/8" REBAR; THENCE SOUTH 75°37'04" WEST A DISTANCE OF 92.11 FEET TO A FOUND PIPE; THENCE SOUTH 76°44'26" WEST A DISTANCE OF 213.75 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 149.35 FEET TO A FOUND 149.35 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 61.11 FEET TO A SET 5/8" REBAR PLS 1845; THENCE NORTH 77'31'04" EAST A DISTANCE OF 35.12 FEET TO A SET 5/8" REBAR PLS 1845; THENCE SOUTH 12°55'10" EAST A DISTANCE OF 25.00 FEET TO THE CENTERLINE OF OLD FARMINGTON ROAD; THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75°31'23" WEST A DISTANCE OF 177.51 FEET; THENCE SOUTH 74'22'03" WEST A DISTANCE OF 130.27 FEET; THENCE SOUTH 72'52'14" WEST A DISTANCE OF 113.60 FEET; THENCE SOUTH 65°11'04" WEST A DISTANCE OF 95.60 FEET; THENCE SOUTH 59°14'49" WEST A DISTANCE OF 23.30 FEET; THENCE SOUTH 55'00'06" WEST A DISTANCE OF 181.95 FEET TO A FOUND RAIL ROAD SPIKE; THENCE LEAVING THE CENTERLINE OF SAID ROAD NORTH 02°27'07" EAST A DISTANCE OF 781.12 FEET; THENCE SOUTH 87'03'11" EAST A DISTANCE OF 46.97 FEET TO A FOUND 1/2" REBAR; THENCE NORTH 34°54'40" EAST A DISTANCE OF 449.93 FEET TO A FOUND PIPE; THENCE NORTH 17°37'47" WEST A DISTANCE OF 309.10 FEET TO A 1/2" REBAR; THENCE SOUTH 87°11'19" EAST A DISTANCE OF 443.29 FEET TO THE POINT OF BEGINNING CONTAINING 20.40 ACRES OR 888,702 SQUARE FEET MORE OR LESS. SUBJECT TO A NY EASEMENTS OR RIGHT-OF-WAYS OF RECORD OR FACT. 1p".- - TO: THRU: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE: Fayetteville Planning Commission Jessie Masters, Development Review Manager Ryan Umberger, Senior Planner March 14, 2022 SUBJECT: RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN, 557): Submitted by COMMUNITY BY DESIGN, INC. for property located at 3220 W. OLD FARMINGTON RD. The property is zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 20.40 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN-2022-000011 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2022-000011 to City Council with a recommendation for approval." BACKGROUND: The subject property is located on the south slope of Millsap Mountain and north side of W. Old Farmington Road. The property is the site of two recent development applications; a rezoning (RZN-2021-000072) and a conditional use permit for a cluster housing development (CUP-2021- 000056) were approved in 2021. In term of its natural features, the site slopes rapidly downward from its northern boundary to the two small ponds located roughly halfway to W. Old Farmington Road to the south. Between these ponds and Old Farmington Road, the site becomes more level. Approximately six to seven acres of the property's northern extent is designated as Hillside -Hilltop Overlay District in association with the steep terrain and significant tree canopy present. Other site characteristics include a protected, unnamed tributary of the Farmington Branch which runs parallel to the western property line. Surrounding land use and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential; R-A, Residential -Agricultural; Centennial Park RSF-4, Residential Single-family, 4 Units per Acre R-A, Residential -Agricultural; South Single-family Residential R-PZD, Residential Planned Zoning District; RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped R-A, Residential -Agricultural; RSF-2, Residential Single-family, 2 Units per Acre East Single-family Residential NC, Neighborhood Conservation Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 1 of 16 Request: The request is to rezone the property from RSF-8, Residential Single-family, Eight Units per Acre to NC, Neighborhood Conservation. The applicant indicates in the request letter that the purpose of the rezoning application is to create flexibility in the front setback requirement associated with the development of the approved cluster housing development. Public Comment: Staff has not received any public comment about the request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Old Farmington Road. W. Old Farmington Road is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present on the north side of W. Old Farmington Road. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch water main is present on the north side of W. Old Farmington Road. 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 6, located at 990 S. Hollywood Avenue, protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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. Police: The Police Department expressed no concerns with this request. Drainage: A portion of the subject area lies within the Hillside Hilltop Overlay District (HHOD), a FEMA floodplain, has hydric soils, and a protected stream is present in the area. A portion of the subject area is within the Hillside Hilltop Overlay District (HHOD). The presence of the HHOD will apply additional restrictions at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. The portion of the subject area within the FEMA floodplain will necessitate a floodplain development review at the time of permit or plan submittal. This will restrict the type of development and impact allowed in flood zones, and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Floodplain is present through a slim depression that roughly follows the unnamed tributary of the Farmington Branch near the west property line. Hydric soils are also present on the subject property. They are a known indicator Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 2 of 16 of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the west side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of NC, minimum canopy preservation. Residential Single-family, Eight preservation. Neighborhood Conservation requires 20% The current zoning districts of RSF-8, Units require 20% minimum canopy CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 3 of 16 • Adequate Fire Response (Station #6, 990 S. Hollywood Avenue) • Near Sewer Main (6" north of W. Old Farmington Road) • Near Water Main (6-inch main north of W. Old Farmington Road) • Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.) • Near City Park (Centennial Park, Finger Park) • Near Paved Trail (Shiloh Trail) • Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.) 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: The proposed zoning is compatible with the surrounding land use pattern of the area. Zoning regulations for the existing RSF-8 and proposed NC district are similar but vary in a few key aspects. The permitted uses of each district are identical, but the allowed conditional uses differ. RSF-8 allows for Use Unit 5, Government Facilities which includes City/County jails, courts, fire stations, libraries, post offices, and detention homes among its allowed conditional uses where NC does not. Conditional uses in NC include Use Units 10, 25, and 28, Three and Four - family Dwellings, Offices Studios and Related Service, and Centers for Collecting Recyclable Materials, respectively. RSF-8 zoning limits density to eight units per acre, requires 50-foot lot widths and 5,000 square feet minimum lot area. Conventional setbacks require dwellings to be setback 15 feet in the front and 5 feet on the rear and sides. NC zoning has a 10 unit per - acre maximum density, with 40-foot lot widths and 4,000 square foot lots. Instead of a front setback, NC has a 0-25-foot build -to zone. Side and rear setbacks are 5 feet or 12 feet in the rear from the centerline of an alley, when applicable. Uses immediately adjacent to the subject area are primarily single-family residences. An approved cluster housing development borders the subject to the east and is under construction. Further away, but within a quarter mile, a wide array of commercial and recreational uses would be easily accessible to potential residents. Centennial Park, multiple grocery stores, various retail, restaurant, and institutional services can be accessed along the W. Martin Luther King Jr. corridor. Staff finds the request to rezone to NC would incrementally increase the permitted density to a degree that is appropriate given the surrounding development and mix of uses. Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. While the single -use nature of the district may not be consistent with the aims of the future land use designation, the single-family zoning district will help to ensure that development of the site is of an appropriate scale and context with the adjoining properties. The infill score of the site is moderate. The lowest scoring area follows the west end of the property, near the protected stream and the highest scoring areas are located south near W. Old Farmington Road. The property is located between two Tier 2 Centers; Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 4 of 16 approximately a half -mile to the east at 1-49 and W. Martin Luther King Jr. Boulevard and approximately three-quarters of a mile to the west at S. Rupple Road and W. Martin Luther King Jr. Boulevard. Lastly, staff finds the setbacks of the proposed NC zoning will create efficiencies in the development pattern of the site. In particular, a build -to zone, in lieu of a traditional setback will require dwellings to address the street and may afford more sensitive development of the property with respect to the terrain. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds a rezone from RSF-8 to NC is appropriate and justified for the property. Rezoning to NC allows an incremental increase in residential density to an area that is currently experiencing both growth and development pressure and situated with convenient access to goods, services, and amenities. Rezoning contributes to Goals 1, 2, and 4 of City Plan 2040. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to NC is unlikely to appreciably increase traffic beyond what is currently allowed. Vehicle traffic would likely access W. Martin Luther King Jr. Boulevard at its intersection with S. One Mile Road which is a signalized intersection. W. Martin Luther King Jr. Boulevard is a Regional High -Activity Link Street which has a designed service volume of 17,600 vehicles per day. The intersection is within a half mile of the interchange with 1-49. Any development to the site would require improvements to the property's frontage along W. Old Farmington Road which helps alleviate concern about traffic increases. The property's location near retail services, recreational facilities, and a Razorback Transit stop offers alternatives to vehicular transportation. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to NC is unlikely to appreciably increase the population density at this location. The property currently has direct access to sanitary sewer and water so staff finds an undesirable burden would not be placed on public services. Fayetteville Public Schools did not comment on the request. 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 Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 5 of 16 though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2022-000011 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES j Date: March 14, 2022 O Tabled O Forwarded O Denied Notion: ISecond: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.09 RSF-8, Residential Single-family, Eight Units per Acre o §161.29 NC, Neighborhood Conservation • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 6 of 16 161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Ri ht Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two 2 family 50 feet Townhouse, no more than two 2 attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 7 of 16 (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4- 20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 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." Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 8 of 16 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings 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 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; 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 Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 9 of 16 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." Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 10 of 16 community.by.design TOWN PLAN N INQ WROAN ENRIN FE R INQ February 2, 2022 Via EnerGov Mr. Ryan Umberger Senior Planner City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: 3220 W. Old Farmington Road — Rezone Request Submittal Package Mr. Umberger, As a representative of the owner of Washington County Parcel 765-14759-000, I respectfully request the City of Fayetteville to approve an ordinance to rezone the subject properties from the existing zoning classification of RSF-8 to the Neighborhood Conservation (NC) Zoning District. Please find the following documents required for processing the rezoning request: • One (1) copy of Exhibit #1 — Survey Description of Property to be Rezoned • One (1) copy of Exhibit #2 — County Parcel Map • One (1) copy of Exhibit #3 — Written Description of Request per City of Fayetteville Rezoning Application • One (1) copy of a consent of owner form The owner of the property is planning to develop the property in accordance with CUP 2021-00056. The primary reason for the zoning change request is to create flexibility in the front setback requirement of the zoning code. The proposed zoning is consistent with City Plan 2030. The Neighborhood Conservation (NC) Zoning District will encourage development that is more in accordance with the long range planning goal of traditional town form. Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, *&Wi g7(%Lmission 479.790.�a�61a, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 11 of 16 EXHIBIT #3 - WRITTEN DESCRIPTION OF REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject property is owned by Larry and Laurel Strickland. There are no proposed or pending property sales. b. Reason (need) for requesting the zoning change. The owner of the property is planning to develop the property in accordance with CUP 2021-000056. The primary reason for the zoning change request is to create flexibility in the front setback requirement of the zoning code. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The proposed zoning district is compatible with adjacent properties and the neighborhood primarily by maintaining a detached single- family house type when single family, two and three family or townhomes exists nearby, adjacent to, and within the neighborhood. The proposed zoning change will not have a measurable impact on vehicular traffic in the area. d. Availability of water and sewer (state size of lines). Water and Sewer is available. A 6" water main is accessible along Old Farmington Road. Another 8" water main is accessible immediately to the east of the property. A 6" sewer main is accessible along Old Farmington Road. A 8" sewer main is accessible immediately to the east of the property. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The proposed zoning is consistent with City Plan 2030. The Neighborhood Conservation (NC) Zoning District will encourage development that is in accordance with the principles of traditional town form. The required build to zone associated with the NC Zoning District will encourage horizontal to vertical ratios of 2:1 in the space created by the streets. The smaller, more intimate 2:1 space is likely preferred by most pedestrians. Vehicles should travel significantly slower in this tighter space regardless of lane widths, making the space safer for pedestrians. The more flexible front setback will allow for a more compact development area which could make possible more land area for stream side and tree preservation. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is needed at this time in order to ensure development that is more in accordance with the principles of traditional town form. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger or congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The proposed zoning will not make possible more density on the property. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The proposed zoning allows for the same uses permitted under the current zoning. The proposed zoning will encourage a development form that is more in accordance with City Plan 2030. Planning Commission March 14, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 12 of 16 Agenda Item 7 RZN-22-000011 Stricklin Page 13 of 16 Agenda Item 7 RZN-22-000011 Stricklin Page 14 of 16 Agenda Item 7 RZN-22-000011 Stricklin Page 15 of 16 RZN-2022-000011 Future Land Use Residential Neighborhood Neighborhood Link ri Regional Link - High Activity — Unclassified — Alley — Residential Link Planned Neighborhood Link li Planning Area — —2 Fayetteville City Limits — — Trail (Proposed) Stricklin Civic and Private Open Space City Neighborhood Feet 0 145 290 580 1:4,800 NORTH ovNTM���SgA. •�•�.� ti/ oy/ � RVT`EDGE m -VELDA CT- ;P I � v ,tEOR-SANDRA ST T fk 1 I ,I I — MARS N:ci6�-V� awn 870 1,160 J1Urban Center City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning Co mission 4, 2022 Agenda Item 7 RZN-22-000011 Stricklin Page 16 of 16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0260 Agenda Date: 4/19/2022 Version: 1 Status: Tabled In Control: City Council Meetinq File Type: Resolution Agenda Number: B.6 APPEAL OF: ADM-2022-001 (509 W. PRAIRIE ST./PRAIRIE STREET LIVE): A RESOLUTION TO GRANT THE APPEAL OF COUNCIL MEMBERS SONIA HARVEY, D'ANDRE JONES, AND MARK KINION AND APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT CUP 19-6721 FOR PRAIRIE STREET LIVE LOCATED AT 509 WEST PRAIRIE STREET WHEREAS, the Planning Commission approved Conditional Use Permit CUP 19-6721 on August 12, 2019 for a provisional period of three months allowing low -volume, ambient music throughout the week, one larger event per week with hours determined by day of the week, and one additional event per week during citywide events; and WHEREAS, on November 12, 2019, the Planning Commission approved an extension of the conditional use permit through November 12, 2020, with the possibility of further extensions following a public hearing to evaluate compliance with noise ordinance standards and any nuisances; and WHEREAS, on January 11, 2021, the Planning Commission approved an extension to the conditional use permit without an expiration date and also authorized an additional hour of music on Friday and Saturday nights to 11:00 p.m. for a period of one year; and WHEREAS, on February 18, 2021, after an appeal by Council Members Sarah Bunch, Teresa Turk, and Mark Kinion, the City Council revised the conditional use permit so that it was only extended one additional year but affirmed the condition allowing an additional hour of music on Friday and Saturday nights; and WHEREAS, on February 28, 2022, the Planning Commission approved ADM-2022-001, amending the conditional use permit to remove the expiration date for the conditional use permit, strike the provision that three documented violations of the noise ordinance would result in an automatic review by the Planning Commission, and maintain the venue's existing hours of operation; and WHEREAS, Council Members Sonia Harvey, D'Andre Jones, and Mark Kinion have properly appealed the decision of the Planning Commission pursuant to § 155.05(A)(3) of the Unified Development Code. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: City of Fayetteville, Arkansas Page 1 Printed on 411312022 File Number: 2022-0260 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves ADM-2022-001 and amends conditional use permit CUP 19-6721 for Prairie Street Live at 509 West Prairie Street with the following additional or changed conditions: City of Fayetteville, Arkansas Page 2 Printed on 411312022 CityClerk From: Paxton, Kara Sent: Friday, March 11, 2022 1:34 PM To: CityClerk Subject: FW: Request to appeal planning commission's February 28, 2022, decision Follow Up Flag: Follow up Flag Status: Flagged Team, I received the below email from Council Member Jones. He is supporting the appeal to go to City Council regarding the Planning Commission decision. Thank you, Kara Paxton, MSISM, CMC City Clerk Treasurer City of Fayetteville, Arkansas kanaxton(a .favettevi11e-ar. izov T 479.575.8323# CITY OF FAV■TrIVILLE From: D'Andre Jones <dre91732000@gmail.com> Sent: Friday, March 11, 2022 12:11 PM To: Paxton, Kara <kapaxton@fayetteville-ar.gov> Subject: Fwd: Request to appeal planning commission's February 28, 2022, decision 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. Hello Kara I am forwarding this item for appeal per Blake Pennington ---------- Forwarded message --------- From: D'Andre Jones <dre91732000@gmail.com> Date: Fri, Mar 11, 2022 at 10:34 AM Subject: Fwd: Request to appeal planning commission's February 28, 2022, decision To: Blake Pennington <bpennington@favetteville-ar.gov>, Kit Williams <kwilliams@favetteville-ar.gov> Good morning I would like to bring a resolution forward appealing the planning commissions deciding to the city council on behalf of Prairie Street!! Sent from my iPhone Begin forwarded message: From: April Lee <prairiestreetlive@gmail.com> Date: March 7, 2022 at 12:29:31 PM CST To: "Harvey, Sonia" <sonia.harvev@fayetteville-ar.gov>, "Jones, D'Andre" <dandre.iones@fayetteville- ar.gov>, "Kinion, Mark" <mark.kinion@favetteville-ar.gov>, "Scroggin, Sloan" <sloan.scroggin@fayetteville-ar.gov>, "Wiederkehr, Mike" <mike.wiederkehr@favetteville-ar.gov>, "Bunch, Sarah" <sarah.bunch@favetteville-ar.gov> Subject: Request to appeal planning commission's February 28, 2022, decision 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. Dear Councilman, I am appealing the decision of the Planning Commission to not grant an extra hour of music on Thursdays until lopm and an extra day of operation each week. I believe my request should be granted pursuant to Sections 163.02 & 163.10 of the UDC because Prairie Street Live is compatible with adjacent properties and other properties in the district as well as being compatible with the goals and intent of the city's strategic plan. As of March 1st, 2022, Prairie Street Live had contracts totalling $20,0OO through April 16th cancelled due to the 9pm time constraint. 40% of that was earmarked for more noise mitigation and improvement to the property. I am requesting that three of you please support my appeal and send a letter to the city clerk stating your support. The deadline for my appeal is March 14, 2022. Thank you for your consideration in this very important matter. April Lee Prairie Street Live 509 W Prairie St. Fayetteville, AR 72701 479.236.2404 CityClerk From: Kinion, Mark Sent: Friday, March 11, 2022 3:02 PM To: Williams, Kit; Paxton, Kara; Pennington, Blake; CityClerk Cc: prairiestreetlive@gmail.com; Harvey, Sonia; Jones, D'Andre; mcwied@icloud.com; Scroggin, Sloan; Bunch, Sarah; Turk, Teresa; Hertzberg, Holly Subject: Appeal Prairie Street Live Follow Up Flag: Follow up Flag Status: Flagged I will sponsor an appeal of the recent Conditional Use permit approved by the Planning Commission regarding Prairie Street Live. Prairie Street live is near the Arts Corridor and could be compatible. It offers a venue for local bands/events. It has affordable/free tickets offering entertainment to a broader base of citizens. This also is more affordable for large families. The owner has requested the appeal. I believe with sound abatement measures in her plans this venue could possibly meet Fayetteville's Sound Ordinance. It is a needed entertainment venue with a unique niche. -Mark Kinion Council Member Ward 2 Position 1 1 CityClerk From: Harvey, Sonia Sent: Thursday, March 10, 2022 4:47 PM To: Pennington, Blake; April Lee Cc: CityClerk; Williams, Kit Subject: Re: Request to appeal planning commission's February 28, 2022, decision Follow Up Flag: Follow up Flag Status: Flagged Categories: FYI Got it, thanks! Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479) 409-5064 Report a concern: http://www.fayetteville-ar.gov/1782/Report-a-Concern Speak up on City projects: https://speakup.fayetteviIle-ar.gov/ From: Pennington, Blake <bpennington@fayetteville-ar.gov> Sent: Thursday, March 10, 2022 10:37:51 AM To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; April Lee <prairiestreetlive@gmail.com> Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Williams, Kit <kwiIlia ms@fayetteville-ar.gov> Subject: RE: Request to appeal planning commission's February 28, 2022, decision Thanks, Sonia. This is the first appeal email I have seen so far. The City Clerk will need two more council members to sign on to add this to the next available agenda. Thanks, Blake Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bbpennin t_tg onnfayetteville-ar.gov From: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov> Sent: Thursday, March 10, 2022 9:25 AM To: April Lee <prairiestreetlive@gmail.com> Cc: CityClerk <cityclerk@fayetteville-ar.gov>; Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Re: Request to appeal planning commission's February 28, 2022, decision Good morning! I am happy to bring April's appeal to Council. Her business is a cornerstone of the Arts Corridor. Let me know what I need to do to continue the process. If my replies are slow, feel free to text or call and leave a message the number below. Sincerely, Sonia Harvey Fayetteville City Council Member Ward 1, Position 1 (479) 409-5064 Report a concern: https://documents.fayetteville-ar.gov/Forms/ReportAConcern Speak up on City projects: https://speakup.favetteviIle-ar.gov/ From: April Lee <prairiestreetlive@gmail.com> Sent: Monday, March 7, 2022 12:29:26 PM To: Harvey, Sonia <sonia.harvey@fayetteville-ar.gov>; Jones, D'Andre <dandre.lones@favetteville-ar.gov>; Kinion, Mark <mark.kinion@fayetteville-ar.gov>; Scroggin, Sloan <sloan.scroggin@fayetteville-ar.gov>; Wiederkehr, Mike <mike.wiederkehr@fayetteville-ar.gov>; Bunch, Sarah <sarah.bunch@fayetteville-ar.gov> Subject: Request to appeal planning commission's February 28, 2022, decision 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. Dear Councilman, I am appealing the decision of the Planning Commission to not grant an extra hour of music on Thursdays until lopm and an extra day of operation each week. I believe my request should be granted pursuant to Sections 163.02 & 163.10 of the UDC because Prairie Street Live is compatible with adjacent properties and other properties in the district as well as being compatible with the goals and intent of the city's strategic plan. As of March 1st, 2022, Prairie Street Live had contracts totalling $2O,000 through April 16th cancelled due to the 9pm time constraint. 40% of that was earmarked for more noise mitigation and improvement to the property. I am requesting that three of you please support my appeal and send a letter to the city clerk stating your support. The deadline for my appeal is March 14, 2022. Thank you for your consideration in this very important matter. April Lee Prairie Street Live 509 W Prairie St. Fayetteville, AR 72701 479.236.2404 www.Drairiestreetlive.com rRAIRIE STREET LIVE! M U19 FaYetleOW' CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 18, 2022 CITY COUNCIL MEMO SUBJECT: APPEAL OF: ADM-2022-000001: Administrative Item (509 W. PRAIRIE ST./PRAIRIE STREET LIVE, 523): Submitted by APRIL LEE for property located at 509 W. PRAIRIE ST in Ward 2. The property is zoned MS-C, MAIN STREET - CENTER and contains approximately 0.92 acres. The request is for an amendment of the original CUP-19-6721 (Thurs. night music until 10pm, currently 9pm/amplified music 3 days per week, currently 2/change annual review of CUP to indefinite). RECOMMENDATION: Planning staff and Planning Commission recommend the applicant maintain their current hours of operation, which includes 2 nights of amplified music per week, a 9 PM conclusion time for Thursday nights, and an extra day of music for previously approved city-wide events. Planning staff and Planning Commission also recommend the permit be extended indefinitely. BACKGROUND: The subject property is located on the southeast corner of Gregg Avenue and Prairie Street, with the Razorback Greenway/Frisco Trail bordering its eastern boundary. The property was rezoned to DG, Downtown General, in 2006 as a part of the Downtown Master Plan, and subsequently to MSC, Main Street/Center in 2019. The property is currently home to Prairie Street Live, an outdoor music venue. On August 12, 2019, the Planning Commission approved a conditional use permit (CUP 19-6721) for low -volume, ambient music throughout the week, one larger event per week with hours determined by day of the week, and one additional event per week during citywide events like Roots Festival and Bikes, Blues, and BBQ. The permit was approved for a three-month provisional period to receive a follow-up public hearing on November 12, 2019. At that hearing the permit was extended to November 12, 2020 with the possibility of further extension following a determination of nuisance and compliance with noise ordinance standards. In January 2021, Planning Commission approved an extension to the CUP without an expiration date, and also authorized an additional hour of music until 11:00 PM on Friday and Saturday nights for a period of one year. The decision was appealed by City Council members Turk, Kinion, and Bunch, and the appeal was granted to approve only a one-year extension to the conditional use permit until February 19, 2022, with all other conditions in effect. The conditional use permit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 expired on February 19, 2022, which prompted the item to be brought back to the Planning Commission in early 2022. DISCUSSION: The applicant requested to extend their conditional use permit approval indefinitely, as well as to allow for an additional hour of music on Thursday nights until 10 PM, and amplified music from two days per week to three days per week. They also requested consideration for an extra day of music during all city-wide events, beyond just Jazz Fest, Roots Fest, and Bikes Blues and Barbecue. The item was first presented at the February 14, 2022 Planning Commission meeting. The applicant requested to table themselves in order to allow more members of the public to speak on the venue's behalf. 11 members of the public spoke in both opposition and support of the item at the meeting. Commissioners voted to table the item until the February 28, 2022 Planning Commission meeting with a vote of 8-0-1 (Commissioner Sharp recused). On February 28, 2022, the Planning Commission partially approved ADM-2022-000001 by a vote of 6-0-1. Commissioner Belden made the motion, to include the following conditions: Extension of the permit without expiration; Amending existing condition #3 of the original conditional use permit, striking the provision that three documented violations of the Fayetteville noise ordinance would result in a public hearing for permit consideration for approval, amendment, or revocation; instead the permit would defer to the conditions as outlined in chapter 163.10 for noise ordinance violations associated with outdoor music venues; Maintaining the venue's existing hours of operation Commissioner Sparkman seconded the motion and the vote was unanimous among present Commissioners. Commissioner Sharp recused. Approximately 11 individuals spoke in support and opposition to the amendment. Public comment was heard at both meetings. Most of the opposition to the request comes from nearby neighbors who have issued complaints about noise disruptions, vulgar language, and parking difficulties when the venue is operating. Those in support of the request find that the venue supports the local performing arts community, hosts family -friendly events, and reflects the spirit and intent of the Cultural Arts Corridor. BUDGET/STAFF IMPACT: N/A Attachments: 0 Planning Commission Staff Report CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: February 28, 2022 Updated with PC hearing results from February 28, 2022 SUBJECT: ADM 2022-000001: Administrative Item (509 W. PRAIRIE ST./PRAIRIE STREET LIVE, 523): Submitted by APRIL LEE for property located at 509 W. PRAIRIE ST. The property is zoned MS-C, MAIN STREET -CENTER and contains approximately 0.92 acres. The request is for an amendment of the original CUP-19-6721 (Thurs. night music until 10pm, currently 9pm/amplified music 3 days per week, currently 2/change annual review of CUP to indefinite). RECOMMENDATION: Staff recommends partial approval of ADM 2022-000001, with conditions. RECOMMENDED MOTION: "1 move to approve ADM-2022-000001 with conditions, determining: • In favor of compatibility with adjacent properties: and • In favor of all other conditions as recommended by staff. " February 14, 2022 PC Meeting: At the February 14, 2022 PC meeting, the applicant requested to table themselves. Staff recommended a partial approval of the proposal, recommending the location to maintain its current conditional use permit, but not extend their hours of operation or nights of performance. Public comment was also heard on the item, with members of the public expressing both opposition to the request, and support of the request. In the interim, staff obtained additional clarifying information regarding the citations that were issued to the venue, which have been attached to the report. Staff also received additional public comment, which is attached to this report. BACKGROUND: The subject property is located on the southeast corner of Gregg Avenue and Prairie Street, with the Razorback Greenway/Frisco Trail bordering its eastern boundary. The property was rezoned to DG, Downtown General, in 2006 as a part of the Downtown Master Plan, and subsequently to MSC, Main Street/Center in 2019. The property is currently home to Prairie Street Live, an outdoor music venue. On August 12, 2019, the Planning Commission approved a conditional use permit (CUP 19-6721) for low -volume, ambient music throughout the week, one larger event per week with hours determined by day of the week, and one additional event per week during citywide events like Roots Festival and Bikes, Blues, and BBQ. The permit was approved for a three-month provisional period to receive a follow-up public hearing on November 12, 2019. At that hearing the permit was extended to November 12, 2020 with the possibility of further extension following a determination of nuisance and compliance with noise ordinance standards. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 1 of 56 In January 2021, Planning Commission approved an extension to the CUP without an expiration date, and also authorized an additional hour of music until 11:00 PM on Friday and Saturday nights for a period of one year. The decision was appealed by City Council members Turk, Kinion, and Bunch, and the appeal was granted to approve only a one-year extension to the conditional use permit until February 19, 2022, with all other conditions in effect. The conditional use permit expired on February 19, 2022. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential R-O, Residential Office; DG, Downtown General South Warehousing/Commercial MSC, Main Street/Center East Mixed -use Residential -Office -Retail MSC, Main Street/Center West Warehousing/Commercial DG, Downtown General Request: The applicant requests to extend their conditional use permit approval indefinitely, as well as to allow for an additional hour of music on Thursday nights until 10 PM, and amplified music from two days per week to three days per week. They would also request consideration for an extra day of music during all city-wide events, beyond just Jazz Fest, Roots Fest, and Bikes Blues and Barbecue. Public Comment. Staff has received public comment in both support of and opposition to the request. Most of the opposition to the request comes from nearby neighbors who have issued complaints about noise disruptions, vulgar language, and parking difficulties when the venue is operating. Those in support of the request find that the venue supports the local performing arts community, hosts family -friendly events, and reflects the sprit and intent of the Cultural Arts Corridor. DISCUSSION: Staff partially supports the applicant's requests. Staff finds that mounting neighborhood complaints indicate that the venue has not always positively contributed to the immediately surrounding neighborhood, but recognizes the contribution that a music venue adds to the Cultural Arts Corridor and the overall growth of this central part of Fayetteville. The Fayetteville Police Department has reported an uptick in calls since Prairie Street Live opened, finding that in 2020, the police received 10 calls for service, eight of which were for noise complaints. In 2021, the police received 25 calls for service, 12 of which were for "Noise Complaints," but also included "Disturbances, "Intoxicated Person," and "Extra Patrols". Prairie Street has received two violations of the noise ordinance in 2021; one more issued violation would result in the possible revocation of their permit per their conditions of approval. Staff finds that maintaining the venue's hours of operation to what they are currently permitted for would prevent the venue from further disturbing the surrounding residential neighborhood, which does predate the venue's operation, though allowing the Conditional Use Permit to operate indefinitely would save City resources from re- evaluating the permit on an annual basis. RECOMMENDATION: Staff recommends partial approval of ADM-2022-000001 with the following conditions: Conditions of Approval: Planning Commission determination of compatibility for an extension of outdoor music at 509 W. Prairie Street, to remain in effect indefinitely, provided all other conditions of approval are maintained; Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 2 of 56 Amended condition #3 from original conditions of approval, as shown on page 5. 2. All other conditions of CUP 19-6721 not amended by this request shall remain in effect, including 2 nights of amplified music per week, a 9 PM conclusion time for Thursday nights, and an extra day of music for previously approved city-wide events; 3. Conditional use approval does not grant approval for any proposed improvements or alterations. Development entitlement, grading, building, or mechanical permits may be required for review of compliance with all City codes along with any associated inspections. PLANNING COMMISSION ACTION: Required YES Date: February 28, 2022 Motion: Belden Second: Sparkman Vote: 6-0-1 (SharD recused BUDGET/STAFF IMPACT: None O Tabled ]$I Approved O Denied with conditions as recommended by staff, but amending condition #3 of original request regarding documented citations. The CUP will defer to chapter 163.10 for = management of noise ordinance — violations. Attachments: • Previous Conditions of Approval (CUP 19-6721 and associated amendments) • Request Letter • Police Memo • Issued Citations • Public Comment • One Mile Map • Close-up Map • Current Land Use Map Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 3 of 56 Conditions of Approval (ADM-2020-000017, as approved by City Council Resolution 67-21) Conditions of Approval: Planning Commission determination of compatibility for an extension of outdoor music at 509 W. Prairie Street through January 11, 2022. Staff supports City Council Resolution 67-21 granted extension approval for only one year, from February 19, 2021 until February 19, 2022 the extension of outdoormusic, but only for one year, forreduced hours on Friday and Saturday, and at the currently approved frequency of events; Ex o� indefinitely by the Co iw _ 2. The conditional use permit shall be amended as follows: The permit's approval is limited to one additional year, expiring on January 11, 2021, upon which time the applicant may submit an amendment to extend the permit subject to the Planning Commission's approval; Outdoor music hours: o Friday, 6:00 PM to tr% PM 11:00 PM Extended to 11:00 PM, o Saturday: 11:00 AM to 9130 PM 11;00 PM subject treview after 1 Y January if, 2422. 3_ All conditions of CUP 19-6721 not amended by this request shall remain in effect; and 4. Conditional use approval does not grant approval for any proposed improvements or alterations. Development entitlement, grading, building, or mechanical permits may be required for review of compliance with all City codes along with any associated inspections. Conditions of Approval (as approved 11-12-2019): Planning Commission reaffirmation of compatibility with adjacent properties. Staff finds that with the additional conditions below, and the limited time -frame the venue may be operated in a compatible manner that contributes to rather than detracts from the surrounding neighborhood; 2. For events including speakers oriented to the east, the residential zone noise levels of the noise ordinance shall be observed, as outlined below: Maximum Use Districts Time Noise Levels All residential 7:00 a.m. to 60 dB(A) zones 11:00 P.M. All residential 11:00 P.M. to 55 dB(A) zones 7:00 a.m. All commercial 7:00 a.m. to 75 dB(A) zones 11:00 P.M. 70 dB(A) Planning Commission Febr pry 28, 2022 Agenda Item 6 ABU22-MEHM A'Rririe St. Live Page 4 of 86 All commercial zones 11:00 P.M. to 7:00 a.m. All industrial 7:00 a.m. to 80 dB(A) zones 11:00 P.M. All industrial 11:00 P.M. to 75 dB(A) zones 7:00 a.m. Condition struck on Feb. 28, 2022 3. From this date, three doeurnented approval,under Gendmtmen #2 she'! result in a publie hear -Ong for per -mot eensideratien for QIIICIIl1111C11 L, VI IGV VI.QIIO111, 4. The permit's approval is limited to one year, expiring on November 12, 2020, upon which the applicant may submit an amendment to extend the permit subject to the Planning Commission's approval; 5. If at the end of the permit's one year extension, repeat and/or frequent documented, validated, and repeat nuisance complaints associated with the venue may result in staff's recommending denial of renewal; and 6. All conditions of the previously approved CUP 19-6721, as attached, shall remain in effect unless amended herein. Conditions of Approval (as approved 8-12-2019): Planning Commission FebrApN 28, 2022 Agenda Item 4 A M-22kMEH 1 Rorie St. Live Page 5 of 56 1. Planning Commission determination of compatibility with adjacent properties. Staff finds that without a parking plan for the development and with the number of proposed events, adverse impacts are likely on adjacent residents, businesses, and pedestrians, potentially resulting in incompatible and unsafe conditions; Planning Commission found in favor of compatibility. 2. Planning Commissioner determination of a variance of §166.21 (E)(1 ), Downtown Design Overlay District, Exterior Architectural Elements, requiring trash dumpsters to only be located in the rear yard. Without any indication of hardship, staff recommends denial of this request, finding that the dumpster enclosure's location at the edge of right-of-way will not meet the Downtown Design Overlay District's intent to create attractive and usable space. Planning Commission found in favor of the variance, 3. Trrs co heFein, ineluding use of the site consistent with tHe site plan pres rated This conditional use permit is non-transferrable to a different business or property owner. Outdoor music shall be limited to the days and times outlined above under the applicant's request; Planning Commission found in favor of the variance, revising Condition #3 to refer to the revised proposal (see above). 4. Violation of the City's noise ordinance shall also be considered a violation of this conditional use permit subject to revocation by the Planning Commission. The project shall comply with the City's noise ordinance, as enforced by the Police Department. All music (acoustic or electronically amplified) shall be subject the regulations as follows: (A) No person shall operate or cause to be operated, or permit, contract or allow to be operated on premises on public or private property any identifiable source of sound in such a manner as to create a sound level within the use districts in Table 1 below which exceeds the maximum noise levels as set forth in Table 1 as measured at any point on the boundary of the property from which the sound or noise was Planning Commission FebrApN 28, 2022 Agenda Item 4 A M-22kMEH 1 Rorie St. Live Page 6 of 56 emanating. Except between the hours of 10:00 p.m. and 1:00 a.m., a complaint under this section must be brought by a property owner or leaseholder affected by excessive noise on their property. TABLE 1 Maximum Use Districts Time Noise Levels All residential 7:00 a.m. to 60 dB(A) zones 11 00 p.m. All residential 11:00 p.m. to 55 dB(A) zones 7:00 a.m. All commercial 7:00 a.m. to 75 dB(A) zones 11:00 p.m. All commercial 11:00 p.m. to 70 dB(A) zones 7:00 a.m. All industrial 7:00 a.m. to 80 dB(A) zones 11:00 p.m. All industrial 11M p.m. to 75 dB(A) zones 7:00 a.m. All measurements shall be taken with a sound level meter in its fast or peak level setting. 5. Speakers hall be oriented SGUth OF nell lieMdentmed housing. When speakers are oillented north, thevionscordinctlecewill Stricken by the Planning Commission with consideration for revised request. 6. Sound checks shall not occur prior to 4:00 PM; 7. Per the attaehed Fil Department eernments, some or all on site str-uetures hav been appFGved as storage er.GupanGies fell building and fiFe rede PUFPeses Stricken by the Planning Commission with consideration for revised request. S. All outdoor lighting on -site, with the exception of existing fixtures, must meet the requirements of §176, Outdoor Lighting. Unshielded string lights are not permitted outside of exemptions permitted for outdoor cafes and holidays; 9. The applicant shall provide a parking plan indieviting the numbeF ef antieipated patrons for a" events, a projeeted number veh eles, and how an adeq nu berof spases are ;sided -either --Am site, ; and 10. Conditional use permit approval does not constitute development approval. This must be granted separately. 11. The permit shall be approved for a three-month provisional period and be heard by the Planning Commission again on November 12, 2019. Planning Commission Febr pry 28, 2022 Agenda Item 6 A01141221-MEHM A'Rairie St. Live Page 7 of 86 Employees: 5 to 10 typical; 15 to 20 at peak use Parking. None provided; shared parking agreements under negotiation Parking agreement with O'Reilly provided; additional agreements under review Tv0cal Week (every night) ■ Speakers oriented south or west • Low -volume, "ambient" music Hours and anticipated traffic o Monday -Wednesday 11:00 AM to 9:00 PM • 100 patrons/day (4 peak hour) Thur ay 1 . AM t :00 PM ■ 150 p nslday (75 at peak hour) .� Friday an atur ■ :00 AM to ight 300 patrons/day ( at peak hour) 1) unda ■ 9M0 AM to 9,00 PM ■ 150 patrons/day (40 at peak ho -Will rat exceed residential levels per the noise ordinance Flexible Week tue to tHree t4mes a week)(one time a week) • Volume will not exceed 75dB • Sounds checks limited to 4:00 PM or later • Hours and speaker orientation Monday -Wednesday 6:00 PIN to P 9:00 PM ■ Speakers oriented south V Thursday ■ 6.00 PIN to 9-30 PM 9 :40 PM ■ Speakers oriented south or east c Friday • 6.00 PIN to +44KHaM 10:00 PM ■ Speakers oriented south or east t� Saturday ■ -PIwA 11:00AM to 10:00 PM i Speakers oriented south or east o Sunday 0+ R } Lu 00 {yR ■ Speakers oriented south • No limits on the number of patrons Planning Commission Febr pry 28, 2022 Agenda Item 6 ADU22-MEHM A'Rratrie St. Live Page 8 of 86 Prairie Street Live 509 W Prairie St. Fayetteville, AR 72701 January 3, 2022 Dear City of Fayetteville Planning Staff: I am submitting amendments to my conditional use permit for amplified music that will expire on March 12, 2022. Over the last 29 months we have had over 60 events with only two noise violations. We have worked diligently to operate within the noise constraints which is almost unobtainable on the north and west property boundaries, but have been mostly successful. During the last year Prairie Street Live experienced a high demand for private event rentals on Thursday, but we were overlooked as an option due to the early time restriction of 9pm on Thursday. It is costly and time consuming for me and the city to continue reviewing this CUP annually. Unless we have three violations within a 12 month time frame, we would like the CUP extended indefinitely. I would like to request three amendments to the current conditional use permit as follows: Thursday night music until 9pm- amend to 10pm Amplified music two days per week -amend to three days per week If amendment #2 above is not granted, then amplified music for one extra day during three city wide events(Jazz Fest, Roots Fest & BBQ- amend to an extra day during all city wide events. CUP reviewed annually -amend to indefinitely Thank you for your time and consideration on this matter. Regards, April Lee Owner, Prairie Street Live 479.236.2404 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 9 of 56 01/21/2022 Re: 509 W. Prairie Street Andy & Jessie Thank you for reaching out to the Police Department in reference to the CUP for Prairie Street Live. According to our records, during the time period of January 15Y, 2020 to January V, 2021, there were a total of ten calls for service to 509 W. Prairie Street. Eight of these calls were for Noise Complaints. According to our records, during the time period of January V, 2021 to January V, 2022, there were a total of twenty-five calls for service to 509 W. Prairie Street. Twelve of these were due to Noise Complaints. In the last twelve months, police department calls for service have over doubled. These call types include Noise Complaints, Disturbances, Intoxicated Person, and Extra Patrols initiated by our officers. Over the past year we have received complaints of not just noise, but light pollution. We have also notice noise complaints coming from locations as far away as W. Stone Street. This night we received four noise complaints from different citizens. The complaints ranged from children that can't go to bed, distressed pets, to windows rattling. Prairie Street Live received a Citation as a result of a reading of 91 decibels. The Fayetteville Police Department typically has one or two officers working at night that are certified on the noise meter. Due to call volume at that time of night, the odds of those officers being assigned to that area or even available at the time of the noise complaint can be rare. The officers assigned to the area of Prairie Street Live have tried to conduct Extra Patrols in hopes that our presence will curtail calls for service, however this is not possible every night due to staffing and call volume. If I can assist any further, please let me know. Cpl. Greg Dawson COP Division 100 West Rock Street City of Fayetteville, AR 72701 gdawson@fayettevil le -a r.gov T 479.575.8351 1 F 479.575.8283 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 10 of 56 FAYETTEVILLE POLICE DEPARTMENT Citation #: E0000343 Offense Date and Time: 1012312021 at 8:42 PM Issue Date and Time: 1012312021 at 8:42 PM DRIVER LAST NAME I RI 31 MIDDLE LEE APRIL VICTORIA RESIDENCE ADDRESS PHONE 509 W PRAIRIE ST CITY S'rATF ZIP CODE FAYETTEVILLE AR 72701 DRIVER LICENSE NUMBER DL CLASS DL STATE CDL 903224643 D AR No DOB ETH SEX RACE HEIGHT WEIGHT 1!YE HAIR 0410111972 NH F W 600 220 GRN I I VEHICLE INFO LICENSE PLATE STATE AR REG. EXP. COLOR MAKE MODEL TYPE 1 YEA No H MA No TRAILER PLATE TRAILER STATE TRAILER REG. EXP. DOT# LOCATION 509 W PRAIRIE ST Direction of Travel: Direction of Turn: VIOLATION(S) 1) Noise measurements 96.03 Fine/Bond Code: CODE 5 SPEED (MPH) POSTED SPEED (MPH) INCIDENT NO. 2021-00075769 NE No WORKERS PRESE11TI No SCHOOLZONF No ACCIDENT No NO SEARCH SPEED DETERMINED MOV.ISTAT, OFFICER INFORMATION OFFICER TOLE 462 SECOND OFFICERIBADGE OFFICER SAMUELS 347 > Officer SignaLura: You are hereby informed that failure to appear at the stated time, place and court shall constitute a separate offense for which you may be prosecuted and which may result in your arrest and punishment In the amount of $1,000.00 fine and/or one year in Jail. I promise to appear in court at the following date and time. 11/22/2021 at 8:00 AM Fayetteville District Court 176 S Church Ave Fayetteville, AR 72701 479-587-3590 Signature: Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 11 of 56 violation 1). 96.03 Noise measurements DATE Signature of Judge or Clerk COURT ACTION Date Plee Finding by Court The Court therefore enters the following order: Fine $ Costs $ Fee $ Bond Forfeited $ COURTS ORDERS OR NOTES As provided by Law, I hereby certify that the Information on this ticket Is a true abstract of the record of this court or bureau in this case. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 12 of 56 Officer Notes: READINGS TAKEN FROM THREE LOCATIONS ON NORTH PROPERTY LINE. EAST 67, 75.2 MIDDLE, AND 66.8 WEST. ALL ABOVE NOISE LIMIT FOR RESIDENTIAL AREA BEFORE 11 PM AT 601313 Weather: Traffic: PLA #: Radar Calib.: No Criminal Stop: NON -CRIMINAL Type of Stop: NON -TRAFFIC MDT: MDT12 No DL: No STEP: Vehicle Style: Vehicle No: 1359 Search: "NO SEARCH Contraband: Vold Reason: Road Condition: Road Type: # of Occupants: Light Condition: DL Expires: 04/01/2026 Tint Percent: % Grade: PLA #: Radar Number: Lidar Number: Radar Test Time: RO Information: Name: Street Address: City: State: Zip: RO Same as Driver: No Picture: Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 13 of 56 Incident Report CITY OF FAYETTEVILLE ARKANSAS Print Date/Time: 11/22/2021 16:48 Login ID: wnewman Incident: 2021-00075769 Incident Date/Time: 10/23/2021 5:55:56 PM Location: 301 S WEST AVE FAYETTEVILLE AR 72701 Phone Number: (870)615-0890 Report Required: No Prior Hazards: No LE Case Number: Unit/Personnel Fayetteville Police Department ORI Number: AR0720100 Incident Type: NOISE Venue: FAYETTEVILLE Source: Phone Priority: 3-Low Status: Not In Progress Nature of Call: Unit Personnel 347 347-SAMUELS 462 462-TOLE 347-SAMUELS Person(s) No. Role Name Address Phone Race Sex DOB 1 Caller LEVI, ED (870)615-0890 03/11/1946 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count 03NORPT 1 05CITATION 1 Property Date Code Type Make Model Description Tag No. Item No. Page: 1 of 2 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 14 of 56 CAD Narrative 10/23/2021 : 18:30:41 mtheriault Narrative: 315 REQ NIGHT SHIFT RESPOND 10/23/2021 : 17:59:39 joverland Narrative: CALLER DID ADV HE HAS REQUESTED PD TWICE PRIOR AND NEITHER TIMES DID THEY SHOW UP WITH A METER 10/23/2021 : 17:57:27 joverland Narrative: ADV HAS BEEN ONGOING FOR AWHILE NOW 10/23/2021 : 17:57:21 joverland Narrative: REF NOISE ISSUE AT PRAIRIE STREET LIVE, 509 W PRAIRIE ST 10/23/2021 : 17:57:10 joverland Narrative: CHANGED CALL LOC TO HIS ADDRESS FOR MTR READING 10/23/2021 : 17:56:44 joverland Narrative: ADV HE IS OVER 600FT AWAY AND BELIEVES IT IS OVER THE LIMIT RIGHT NOW 10/23/2021 : 17:56:06 joverland Narrative: CALLER WANTS NOISE METER READING Page: 2 of 2 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 15 of 56 FAY.ETTEVILLE POLICE. DEPARTMENT Citation M E0007635 Offense Date and Time: 11/19/2021 at 10:51 PM Issue Date and Time: 11/19/2021 at 10:51 PM DRIVER LAST NAME FIRST MIDDLE LEE APRIL VICTORIA RESIDENCE ADDRESS PHONE 509 W PRAIRIE ST 4792362404 CITY STATE ZIP CODE FAYETTEVILLE AR 72701 DRIVER LICENSE NUMBER DL CLASS DL STATE CDL 903224643 D AR No DOB ETH SEX RACE HEIGHT WEIGHT EYE HAIR 04/01/1972 NH F W 600 220 GRN VEHICLE INFO LICENSE PLATE STATE AR REG. EXP. COLOR MAKE MODEL TYPE VIN YEAR I CMV No HAZMAT No TRAILER PLATE TRAILER STATE TRAILER REG. EXP. I DOT # LOCATION 513 S GREGG AVE Direction of Travel: Direction of l urn: VIOLATION(S) 1) Noise-(Resid) unreasonable of excessive noise prohibited 96.02 Fine/Bond Code: Must Appear SPEED (MPH) POSTED SPEED (MPH) INCIDENT NO. 2021-00082962 CONSTR. ONE WORKERS, P E NT SCHOOLZONEACCIDENT No No No No SEARCH CONTRABAND NO SEARCH SPEED DETERMINED MOV./STAT, OFFICER INFORMATION OFFICER HARRIS 433 SECOND OFFICER/BADGE Officer Signature: You are hereby informed that failure to appear at the stated time, place and court shall constitute a separate offense for which you may be prosecuted and which may result in your arrest and punishment In the amount of $1,000.00 fine and/or one year In jall. I promise to appear in court at the following date and time. 12/16/2021 at 8:00 AM Fayetteville District Court 176 S Church Ave Fayetteville, AR 72701 479-587-3590 Signature: Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 16 of 56 Violation 1). 96.02 Nolse-(Resid) unreasonable of excessive nolse prohibited Signature or Judge or Clack COURT ACTION Date Plea Finding by Court The Court therefore enters the following order: Fine $ Costs $ Fee $ Bond Forfeited $ COURT'S ORDERS OR NOTES As provided by Law, I hereby certify that the information on this ticket Is a true abstract of the record of this court or bureau in this case. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 17 of 56 Officer Notes: Weather: Traffic: PLA #: Radar Callb.: No Criminal Stop: NON -CRIMINAL Type of Stop: NON -TRAFFIC MDT:MDT03 No DL: No STEP: Vehicle Style: Vehicle No: 1337 Search: "NO SEARCH Contraband: Vold Reason: Road Condition: Road Type: # of Occupants: Light Condition: DL Expires: 04/01/2026 Tint Percent: % Grade: PLA M. Radar Number: Lldar Number: Radar Test Time: RO Information: Name: Street Address: City: State: Zip: RO Same as Driver: No Picture: Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 18 of 56 Kraft. rs Incident Report C(TY or FAYETTEVILLE IV AaKANSAS Print Date/Time: 11/22/2021 16:24 Fayetteville Police Department Login ID: wnewman ORI Number: AR0720100 Incident: 2021-00082962 Incident DateITime: 11/19/2021 9:20:58 PM Incident Type: NOISE Location: 509 W PRAIRIE ST Venue: FAYETTEVILLE FAYETTEVILLE AR 72701 Phone Number: (479)249-7612 Source: Phone Report Required: No Priority: 3-Low Prior Hazards: No Status: Not In Progress LE Case Number: Nature of Call: Unit/Personnel Unit Personnel 433 433-HARRIS 439 439-SINIAWA Person(s) No. Role Name Address Phone Race Sex DOB 1 Caller CENTERS, LEE ANN 02/26/1974 Vehicle(s) Role Type Year Make Model Color License State Disposition(s) Disposition Count 03NORPT 2 05CITATION 1 Property Date Code Type Make Model Description Tag No. Item No. Page: 1 of 2 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 19 of 56 CAD Narrative 11/19/2021 : 23:43:58 charris Narrative: NOISE READINGS WERE TAKEN IN MULTIPLE LOCATIONS WITH THE HIGHEST BEING 91.5DB ON GREGG AVENUE NEAR THE STAGE. EMPLOYEES STATED THEY WERE CHECKING IT AS WELL AND DID NOT BELIEVE THE READING. WE WALKED THE PROPERTY AND SHOWED MULTIPLE TIMES MY METER AND HIS WAS OVER 78 TO 85 DB WITH HIM AGREEING IT WAS TOO LOUD. A CITATION WAS ISSUED TO THE PROPERTY OWNER. 11/19/2021 : 22:31:42 hlong Narrative: ANOTHER CALLER IS AT 413 S WEST AVE AND IS MAKING A COMPLAINT ABOUT THE NOISE. 11/19/2021 : 22:11:14 hlong Narrative: CALLER IS UPSET, ADV THAT HE WANTS A DECIBEL ORDER DONE. HE IS STATING THAT THE LEVEL IS AT 70 RIGHT NOW AND NOT 60 11/19/2021 : 22:09:59 hlong Narrative: ANOTHER CALLER IS AT 301 S WEST AVE. HE IS WANTING A METER READING. ED LEVI 8706150890. 11/19/2021 : 21:40:51 msiniawa Narrative: Called Ms. Centers and discussed the noise ordinance and sanctioned decibel levels. She was mostly content with waiting for the party to end in about an hour. d3 11/19/2021 : 21:34:52 hlong Narrative: SHE IS ADV THAT IT WAS VIBRATING HER WINDOWS EARLIER BUT ISN'T CURRENTLY. 11/19/2021 : 21:34:24 hlong Narrative: ANOTHER CALLER AT 676 STONE ST IS REQ A NOISE METER READING. MARY NEVIN 479-443-4113. 11/19/2021 : 21:22:11 aacord Narrative: CALLER HAS A CHILD SHE IS TRYING TO GET TO SLEEP 11/19/2021 : 21:22:02 aacord Narrative: ADV THE NOISE HAS NEVER BEEN THIS LOUD 11/19/2021 : 21:21:52 aacord Narrative: REF THE EVENT ADV THE BASS HAS IS RATTLING HER HOUSE AND HER ANIMALS ARE HIGHLY DISTRESSED Page: 2 of 2 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 20 of 56 2021 Noise Citations Ticket Date.Calendar Calendar 2021 Row Labels - Charge Count 1764 N GARLAND AVE, FAYETTEVILLE, AR 1 NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH 1 Traffic 1 E0014195 1 509 W PRAIRIE ST, FAYETTEVILLE, AR 1 NOISE MEASUREMENTS 1 Criminal 1 E0000343 1 513 S GREGG AVE, FAYETTEVILLE, AR 1 NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH 1 Criminal 1 E0007635 1 S ONTARIO_PL / W MITCHELL ST, FAYETTEVILLE, AR 1 NOISE - (RESID)UNREASONABLE OR EXCESSIV NOISE PROH 1 Criminal 1 E0015575 1 W DICKSON ST / N CAMPBELL AVE, FAYETTEVILLE, AR 1 NOISE - (REVVING) PROHIBIT EXCESSIVE ENGINE 1 Traffic 1 E0018735 1 W DICKSON ST / N WEST AVE, FAYETTEVILLE, AR 2 NOISE - (REVVING) PROHIBIT EXCESSIVE ENGINE 2 Traffic 2 E0017007 1 E0021502 1 W MARTIN LUTHER KING JR BLVD / S FUTRALL DR, FAYETTEVILLE, AR 1 NOISE - MV/MC SOUND LIMIT (STEREO) 1 Warning 1 E0017243 1 W WEDINGTON DR / N MARVIN AVE, FAYETTEVILLE, AR 1 NOISE - MV/MC SOUND LIMIT (STEREO) 1 Warning 1 E0006048 1 W WEDINGTON DR / N MEADOWLANDS DR, FAYETTEVILLE, AR 1 NOISE - MV/MC SOUND LIMIT (STEREO) 1 Warning 1 E0006046 1 W WEDINGTON DR / N STEAMBOAT DR, FAYETTEVILLE, AR 1 NOISE - MV/MC SOUND LIMIT (STEREO) 1 Warning 1 E0006027 1 Grand Total 11 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 21 of 56 From: Prairie Street Live News [ma iIto: prairiestreetlive.news@gmail.com] Sent: Monday, February 07, 2022 2:27 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live 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. Dear Fayetteville City Council, My name is Alex Flaherty, and I am the owner and operator of RedPhoxPhoto LLC. We offer photography, videography, and concert production to events, venues, and musicians in the Fayetteville area. I started my business with a single camera in March of 2021, probably the worst time to quit my "real" job and join the creative industry but as we've all seen life happens in funny ways sometimes. I guess fortunately, global circumstances made an opening in the market for me. Out of every single venue I have worked at in Fayetteville/NWA (over 3 dozen venues with 100+ paid/unpaid events in 2021!) Prairie Street Live is the only place where I not only feel extremely welcomed, I have interacted with many other production teams, the team at PSL is the only group that from day 1 were kind and professional to both myself and every single member of my team (and friend group) that I have brought to a show here. I look forward to doing tons of work with them in the future. This is only venue I have ever been to where the owner is working harder than anyone and doesn't seem to be mad at the fact that they own an event space. I have only met maybe 1 or 2 other venue owners in the dozens and dozens of events my company has been a part of in the last 11 months, and she is actively working on some improvement to the property or some event coordination 99% of the time I have interacted with her. I literally just told her in a text a few days ago that "you do too much, do you ever sleep or relax btw?" Many other venues in town put extremely minimal effort into their music events, and Prairie Street Live regularly has events that have had multiple days of decoration and months of preparation going into a 10 hour event. I have attended shows at PSL that had 30-50 people in the crowd and there was still a full production crew venue provided speakers, venue provided lights (that were better than the piano bars lights), AND a full video crew recording and live streaming to multiple platforms. Other venues in town are either 100% DIY or they put ZERO effort into smaller local artists. I have watched the power fail at a concert in town 9 times during the OPENING SONG of a band's set. The band literally had to play their intro song 10 times in order to get through it without the venue's power failing them. There were at least 75-100 people in the crowd. I felt absolutely embarrassed for the band, and the venue still acts like it's not an issue and continues to book acts semi -weekly. If this was put up to a vote and I had a say, my vote would be to take a few million from the arts corridor renovation and throw it to April Lee for renovations at PSL, show that Fayetteville City Council actually cares about the art that's already here, not just a bunch of shops and one off murals on the bike trail. This could be a place where multi -day music festivals are thrown, it has the capacity to hold bigger shows than JJs live and Georges, and it's within the entertainment district. This is a no brainer. With a few renovations and a bit of cooperation with the city, this could be an event/weekly concert space that could easily hold 3-4k people, and it's already set up to be a perfect pit stop along the bike trail with food and drink. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 22 of 56 The staff at the PSL bar are all super friendly, the BBQ truck on the property is so good I'm actually irritated that it's closed during the winter, and it's one of the few spaces around here that does free outdoor movies and events weekly when they are open. We need to keep that "music in the park vibe" if we really want to "Keep Fayetteville Funky". When this place is open and there is something being hosted, I would rather spend my money eating and drinking here than any other place in Fayetteville. I truly believe this venue should be allowed to operate 7 nights a week at full capacity, anyone complaining that they live next to an outdoor concert venue in a cool town should move down wedington and go live in the woods, do the people living on/directly off Dickson St get to complain about the guy playing Star Wars on the bagpipes at 1:45am? What about the community nuisance (and danger) that Chick-Fil-A STILL causes on MLK daily with cars backed up into the road 25ft from the intersection? What about the issue of parts of the Bike Trail still not being safe at night due to the homelessness and drug epidemic issue? I'm much more concerned about these issues and I think the city should be too, and I don't think you need to be voting on PSLs rule book every year anymore. In conclusion, this place is a gem, and it needs to be allowed to thrive and grow into what this town needs. Do we really want Eureka Springs and Rogers to have insane outdoor venues and Fayetteville not? -Alex Flaherty Director of Operations and Creative Services, Red Phox Photo LLC. Red PhoxPhoto(@gmail.com From: Brandi Beach <brandilb1024@gmail.com> Sent: Wednesday, February 9, 2022 10:43 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live 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. Dear Planning Commissioners of Fayetteville: My name is Brandi Beach and I am a resident of Fayetteville. We recently moved from the Kansas City area. I am writing in regards to Prairie Street Live and the requested amendments proposed: 1. Thursday night amplified music end time from 9pm to 10pm- PSL is a family friendly venue that not only holds events such as live music, crawfish boils, and an overall good time, but is absolutely a great place to relax, hang out with friends and have fun with the kids. The increase from 9:00 -10:00 is Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 23 of 56 especially important during the warmer months. An extended timeframe for events is much appreciated among patrons. 2. Weekly amplified music event allowance amended from two nights per week to three nights per week. Again, warmer days are very important for families and like minded folks to have a safe, comfortable place to hang out. The fact that PSL is an inclusive venue that holds many fundraisers and is a very positive representation of what Fayetteville stands for is a huge benefit for the city and should not be dismissed. Increasing the number of nights would only be a positive for the city and show that we stand behind local venues that represent the best of Fayetteville. 3. Amend annual committee review of conditional use permit to extend the CUP indefinitely- PSL is a family oriented, inclusive, safe place that not only has amazing live music, but utilizes the space to raise awareness and money for many different types of local people, places and things. The time and money spent to review this annually could be spent on things that are not so positive for the city. Please allow PSL the above listed requests as they are minimal considering what PSL represents for the city of Fayetteville. Sincerely, Brandi L Beach 2592 W. Lori Dr. Fayetteville, AR. 72704 From: Chase Myska [mailto:myska707@gmail.com] Sent: Wednesday, February 09, 2022 1:47 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Prairie Street Live 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. Hey my name is Chase Myska. I am a local comedian and Prairie Street Live has been a great venue for music and comedy. I'd like to keep that going. I'm asking that you consider allowing Prarie Street Live to have live entertainment until 10pm on Thursdays and until 11pm on Fridays and Saturdays indefinitely. Thank you for your consideration, Chase Myska From: Ed Levi <edlevibees@gmail.com> Sent: Tuesday, February 8, 2022 11:29 AM To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Prairie Street Live's request for permanent permit and extension of hours to be included in the packet for the Planners Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 24 of 56 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. To the Planning Commission regarding Prairie Street Lives request (ADM-2022-000001) Although I've already written a letter that was sent to Jessica Masters I am writing this in an effort to be clearer. To start with, under the current conditions I will be extremely disappointed if the Planning Commission recommends acceptance of Prairie Street Live's request. I want to clearly state that I am not against such a venue if it has a positive influence on the residents of the neighborhood but let me spell out my objections. I was present at the City Council meeting when they first accepted the Commission's recommendation and approved a Conditional Use Permit when the applicant originally applied. The applicant said clearly at that time that she wanted to be a good neighbor, wanted to have a family friendly venue, had ample parking available, would provide public toilets for those using the Greenway and would abide by the pertinent ordinances. None of these have been met. The venue has projected amplified music that is disturbing for residents. My home is about 600 feet north and slightly east of the venue. I cannot use my yard for entertaining friends or family when PSL is active because we cannot hear each other. I cannot have my windows open when I want to go to sleep but instead I have to run the AC so as to overcome hearing the lyrics, but I still hear the percussion. I have measured the decibels of the bands on my back porch as high as the high 70's range. I have, on several occasions, heard in my yard, and even in my house, such profanities as the frequent use of "IF -bombs". (A police officer told me that the "F-bomb" falls under freedom of speech. That may be so, but I don't want to hear it in my house.) None of this is neighbor friendly. In my opinion shouting the F'bomb is not family friendly either. A relative of the applicant also told me that she'd "learned several new ways to describe a vagina in one song during a session where families with kids were present." This is not family friendly. I have seen and heard from more than one resident on Prairie Street that parking during PSL events is totally jammed up. Cars are often parked on private property without permission and I've even seen cars parked partway into the intersection. While this isn't a problem for me, it isn't what the Commission or the Council was told. I use the Greenway often and after two years have not seen restrooms that are accessible to the trail on that property as promised. As for the ordinances, PSL has received two citations for violations of noise that surpassed the ordinance. (The applicant thinks that's good.) But, in fact, that's not even half of what they should have been given. According to Jonathan Curth, the first year of their permit the police didn't realize that there were two different noise limits affecting their location. One is to the south Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 25 of 56 and a lower one toward the residential zone to the north. (I personally told the applicant when I learned that from Mr. Curth and she hadn't known it either.) I actually had officers tell me that first year that they were not breaking the noise ordinance because they were not over 75 decibels. They should not be over 65 at their northern property line but the police were not of that or enforcing it. (I never called the police when they weren't amplifying music over 65 dbl on my back porch!) If you factor in the distance between their venue and my property, they were not even close to being in compliance. I need to say here that nobody, including myself, wants to bother the police with little matters when the police have bigger matters to attend to. But that said, I have gotten to the point of calling them a few times because the noise was so annoying. Two times during the second year of their CUP when I called I know that the police didn't come. One time the dispatcher told me on the phone that they couldn't come because they were stretched thin because of a football game. The other time they told me that if an officer could get out there that he'd stop by my house on the way but he never showed up. Then, on top of that, one time, when an officer came to my house he told me that he didn't have a decibel meter. And the last time, when an officer was actually down at the venue, he called me on the phone and said that "there wasn't an officer available that was certified to use a decibel meter." That time I measured the decibels hitting in the high 70's on my porch and I could clearly hear the F-bombs inside house with my doors and windows shut. (I was told that same night, someone else was told by an officer that on the Prairie Street they were hitting "80 something" decibels.) Also you should be aware that that afternoon the applicant sent her mother to my house to offer my wife and me a dinner out and a hotel room "because they're liable to get loud down there tonight". I suppose that was supposed to be neighborly except I don't think we should have to move out of the comfort of our house because, "they're liable to get loud". We didn't take the offer and, as I said above, it got loud and rude. Apparently they knew in advance that they would be annoying neighbors and breaking ordinances. Other than the parking problem, it seems that there is more than one way to eliminate all the problems. Just denying the permit would be the easiest and would be best for the neighborhood but that isn't good for the applicant or their performers. The second way is to write into the permit a lower decibel level than that of the ordinance. Mr. Curth told me that it's a possibility that the commission could recommend and the Council could mandate a lower decibel level in PSL's permit. (That would be meaningless unless it was low enough to make a difference for the neighborhood and then, the police would need to be diligent in enforcing that agreement.) Thirdly, like George's or JJ's Live, they would have to build a building in which to contain the noise. And the fourth choice would be for PSL to move to another location where they wouldn't be disturbing residents. Being that Prairie Street Live has not been neighborly, has not been "family friendly, did not have the parking situation "taken care of', did not provide the restrooms as promised and has not abided by the noise ordinances, it doesn't seem appropriate to honor their requests. Homeowners and renters pay money to live in and enjoy their homes. That enjoyment should not be infringed upon by those who break ordinances and promises. Therefore I hereby request Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 26 of 56 the Planning Commission to find another solution than to give a positive recommendation for the applicant's request. Respectfully, Ed Levi 301 S. West Ave., Fayetteville, AR 72701 From: FestyPanda <festypandapromotions @gmaiLcom> Sent: Wednesday, February 9, 2022 6:08 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live 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. Hello Fayetville City Planning Commission, My name is Jason " FestyPanda " Balk. I am the in-house photographer, FestyPanda Photography, for Prairie Street Live. Ever since being able to start doing photos and videos at PSL my life has changed for the best. My art has gotten extremely better and have been able to get ahead on a lot of debt that I had. PSL is an amazing place where people of ALL ages can get together and have fun while enjoying live music. This is something that we have very little of in Arkansas. Most live venues are 18+. This makes it so adults don't have to figure out how to find babysitters and can help their children's artistic minds grow. I remember growing up and having a few venues like this and am so thankful to have been able to have that experience. We have had many people leave sad or surprised that we can't have 3 days of music at the venue. We would love to see Thursdays until 10 PM with Friday and Saturdays until 11 PM being allowed indefinitely. This can only help the city of Fayetteville's over- growing entertainment district and as a music venue is something that needs to be allowed to be able to stay around. I really hope that PSL can be able to get the go-ahead to have these things happen. Music has changed my life and with throwing these events I hope we can change other people's lives too. Thank you for your time, Jason " FestyPanda" Balk Jason "FestyPanda" Balk Jr. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 27 of 56 dam. FESTY ��� PAN_DA Ay�To6RAe�y FestyPanda Photography & Promotions Facebook.com/FestyPanda/ 479-431-1252 now From: Holden O'Keefe <holden mokeefe@outlook.com> Sent: Wednesday, February 9, 2022 6:39 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live (PSL) Support 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. To whom it may concern, I am one of the social chairs for Sigma Nu at the University of Arkansas. I fully support the amendments April has proposed to you all. Prairie Street Live is a great venue, not only for fraternities/sororities, but anyone looking for something to do with their weekends. I respect April's straightforward way of conducting business and believe she deserves to have the opportunity to host more events at her venue. She should not have to pass on events due to subjective technicalities. Thank you for taking the time to consider my support. Cheers, -Holden Sent from Mail for Windows From: Jan Townsley <jan.townsley@gmail.com> Sent: Wednesday, February 9, 2022 4:27 PM To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Prairie Street Live's request (ADM-2022-000001) 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. February 9, 2022 To The Planning Commissioners: Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 28 of 56 I've recently become aware that Prairie Street Live is requesting that their conditional use permit be made permanent and that their hours of amplified operation be extended. I'm hoping that request will not be granted and am writing to share my concerns. There are 6 homes between ours and Prairie Street Live which should be plenty to allow that noise to dissipate, but the sounds funnel up along the bike trail and registers between 65 and 75 decibels in our backyard. We have completely given up having friends over for outside visits on the weekends. We get tired of yelling and asking to have everything repeated, and the lyrics aren't always kid -appropriate. Having windows open on summer evenings is out of the question and we keep ear plugs available for those evenings when we want to read. It's some consolation that PSL only amplifies on Friday and Saturday nights, but I see they'd like to add Thursday nights as well. Music, unlike traffic or even trains, is hard to tune out. It doesn't matter the genre. It grabs your attention and doesn't let go until 11pm which can seem pretty late. I understand that the City is growing and that a majority of voters passed a bond issue to develop a Cultural Arts Corridor. To an extent, change is inevitable. But how that change is managed is key to keeping Fayetteville the wonderful City that it is. If the City is promoting infill, if greater density is desirable to cut down on traffic and prevent urban sprawl, if a goal is walkability, and if multi -use zoning includes housing options, then the area needs to remain a place where people would actually want to live. This means making sure the businesses established in a community don't force the people who live there to pack up their things and flee to the suburbs. Perhaps PSL could move indoors like George's Majestic did some time back. I'm not really sure what other options there might be but the status quo is hard to live with. Sincerely, Jan Townsley From: leilanilaw09@gmail.com [maiIto: leilanilaw09@gmail.com] Sent: Monday, February 07, 2022 2:06 PM To: Planning Shared <planning@fayetteville-ar.gov> Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 29 of 56 Cc: prairiestreetlive.news@gmail.com Subject: Prairie Street Live C.U.P. 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. Dear folks on the Fayetteville Planning Commission — It is with sincere interest and support that I am writing to encourage your decision to grant the venue, Prairie Street Live the following three amendments to their conditional use permit. 1. Thursday night music amended music end time from 9pm to 10pm 2. Weekly amplified music event allowance amended from two nights per week to three nights per week. 3. Amend annual committee review of Conditional Use Permit to extend the Conditional Use Permit indefinitely. As a studio artist, art business owner & active community member who highly values art, we can not afford to NOT support venues who provide exposure for artists and patrons of the arts in Fayetteville. The opportunities for artists (of all mediums) to perform, exhibit, collaborate & contribute to the vitality of our Fayetteville community has all but vanished... even prior to the pandemic. There was a time when (not that long ago) Fayetteville was the place in NWA most known as having a vibrant art community. Sadly, that is not true any longer. The 'promise' of a corridor of the arts to regenerate that vibrancy seems empty to myself & most artists still living here. Prairie Street live, however, IS along this corridor and I have attended many wonderful gatherings there with artists exhibiting, performing and bringing a much needed connection and appreciation for the arts and community for all who attend. The arts have the power to bridge divergent groups together, inspire imagination, reconnect us to our deeper selves and to celebrate our unlimited potential as human beings. The hosts of Prairie Street Live have that magical blend that accommodate artists wonderfully and make all who attend feel welcome, inspired and restored. I hope your decision(s) will support their desires as we all can benefit greatly by their offerings! Sincerely, L. Leilani Law www.studioleilani.com ART from the inside -out From: Nancy Ward <nsw555@gmail.com> Sent: Monday, February 7, 2022 4:24 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 30 of 56 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. Greetings, We support the 3 requested amendments to the Conditional Use Permit for Prairie Street Live. We believe they are an asset to our community. Nancy & Bill Ward 915 N. Park 72701 From: Nelson O <nelson@eartistsagency.com> Sent: Wednesday, February 9, 2022 9:41 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Brandon Denson <bd@eartistsagency.com>; Melissa Stewart <melissa@eartistsagency.com> Subject: Prairie Street Live I I Fayetteville Planning Commission - Conditional Use Permit Amendments 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. To whom it may concern, Please see the attached letter from Eclectic Artists to be used at the hearing regarding the Conditional Use Permit for Prairie Street Live. Many thanks, Nelson Oyesiku III Eclectic Artists LLC Booking Agent Email: Nelson@eartistsagency.com Cell: (404) 626-8214 Click this link to schedule a call on my calendar! CCLCCIIC ALA5I#iF Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 31 of 56 CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. From: Stan Johnson [mailto:bushmanstan@outlook.com Sent: Wednesday, February 09, 2022 1:06 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live 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. Sent from Mail for Windows Jessica, I am writing today in opposition to the renewal of conditional use permit and/or the issuance of a permanent permit for the subject matter above. The continued operation of PSL at this location is a nuisance to almost everyone in the neighborhood due to excessive noise, vulgar language (amplified), traffic congestion and (most of all) illegal parking. I tried , unsuccessfully, for 3 years to work out a parking agreement with the owner/operator of PSL. It became apparent that their patrons feel entitled to park anywhere and everywhere and PSL accepts no responsibility for minimizing their impact on the neighborhood from the events they host for a profit. I own the property directly across the street (513 W. Prairie) from PSL and have since 1987. As this part of town transforms it makes sense for me to look at re -purposing this property. And the natural fit is some sort of mixed use with multifamily housing mixed with office or retail per current zoning. I am almost certain that each and every member of the City Council would choose to not live across the street from a live outdoor music venue. So why do they think it is such a good fit for Prairie Street. The continued operation of this neighborhood nuisance, PSL, takes away the potential for any sort of residential development in my opinion. The Fayetteville City Council seems to have no regard for the property rights of individuals as they continue to ignore complaints from people that live and work in this neighborhood. The fact that someone chooses to live in Fayetteville should not come with the condition that you have to be subjected to out of place zoning and just accept that as a price citizens have to pay. Amplified music is very subjective to say the least. It's just plain wrong to expect residential neighborhoods to just shut up and take it. I attended, via zoom, a City Council meeting last year and spoke in opposition to the renewal of conditional use permit and in opposition to additional hours of operation. The City Council granted both even though the Planning office had recommended the hours of operation stay the same. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 32 of 56 I urge you to recommend to City Council that existing condition use permit be revoked or, at the least, remain conditional. Thank you for your time in reading this email. Stan Johnson From: ATG Accounting [mailto:atgaccounting@auroratactical.com] Sent: Thursday, February 10, 2022 8:47 AM To: Planning Shared <planning@favetteville-ar.gov> Subject: Prairie Street Live Importance: High 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. Hello Fayetteville Planning! As a citizen of Fayetteville, Arkansas I would like to show support for April Lee and Prairie Street Live located at 509 Prairie St. I strongly feel the following requests for amendments to her business would continue to build on the foundation of the business and surrounding area. Please consider these following amendments: 1. Thursday night music can be extended to 10pm from 9pm 2. Weekly amplified music event allowance amended from two nights per week to three nights per week. 3. Amend annual committee review of conditional use permit to extend the CUP indefinitely. April has spent a substantial amount of resources and time to build a wall between Prairie St and the stage for this season coming up. She is always mindful of the volume and for 98% of the season the acts she has booked have also been respectful of the volume. Any acts that do not respect the sound codes are not asked back because that is not what April wants for her establishment or the area. This venue is very special and provides a nice size yet intimate setting for artists. It offers something unique to the city and offers something for the whole family. Thank you for your time and consideration. Kind Regards, Tanya Pelt 479-751-8136 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 33 of 56 From: Brandi Taylor [mailto:toocooll01@gmail.com] Sent: Monday, February 14, 2022 7:23 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live 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. We need our use permit to be continued indefinitely! We need to be able to have 3 nights of big events per week! We need to be able to go to 11pm on Friday/Saturday and until 10pm on Thursday! PSL is an incredibly important part of the arts scene and its in the arts corridor! Why would the city ever vote against the music and musicians? Eureka Springs is for the art and the artist. It is truly why my husband and I come and spend a good deal of money on hotels and restaurants every month there. The music, the arts, Prairie street live! What is going to happen next? Let them have their permit indefinitely, please. -Brandi Nicole T. From: C. Michael Daily <carl.mike@gmail.com> Sent: Wednesday, February 23, 2022 6:21 AM To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Re: ADM-2022-000001 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. Ms. Masters, In addition to my comments from my Feb. 12, 2022 email, please pass on the following information to the Planning Commissioners for consideration: First, I believe that Commissioner Garlock was spot on in his comments from the last meeting. This is not a popularity contest, or "people v. the arts". The actual issue is whether a live music venue, who apparently can only play at high volume, can operate without violating the law. By definition, a property use is only compatible if it is capable of existing together with other properties "without discord or disharmony." See Rolling Pines Ltd. Partnership v. City of Little Rock, 73 Ark. App. 97, 40 S.W.3d 828 (2001). On Feb. 14, 2022, Mr. Butt's comments served to confirm that PSL cannot (or will not) operate at a volume level that complies with the law. Knowing that PSL only intends to play music at a volume level that violates the law, and creates discord within the community, is crystal clear proof that their outdoor music venue and business model is incompatible with the surrounding properties. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 34 of 56 Lost in this discussion is the fact that PSL could operate 7 days a week. There are a variety of ways they could operate without violating the noise ordinances, but they just choose not to. Allowing PSL additional days/time, or even allowing a CUP in this instance, given that they are unwilling to comply with the law of this city, only perpetuates the problem. If the Planning Commission were to extend PSL's outdoor music venue CUP, then they should impose additional conditions; not fewer. In a typical scenario, the Commission would require the business to first submit a site plan and the site plan would show how the business would avoid noise violations. Take for instance Section 163.10 (A)-(C): "...All other outdoor music establishments may be allowed as conditional uses where they are permitted subject to the following additional conditions: (A) Site Plan. A site plan showing the proposed location and size of the outdoor music area; location and direction of the speakers; noise absorbing walls, structures or devices; proposed days and hours of operation of the outdoor music area; and measures proposed to lessen or eliminate any adverse effects upon nearby residences and businesses. (B) Planning Commission Review. In addition to all normal considerations for a conditional use, the Planning Commission may require noise reducing measures and structures be incorporated into an outdoor music area, may limit the size, power, number and direction of speakers, and may limit the hours of outdoor music generation from the establishment. (C) Fayetteville Noise Ordinance Violation. If the establishment or any band or any person operating at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06 of the Code of Fayetteville), such violation may constitute grounds for revocation of this conditional use to operate an outdoor music establishment." Responsible planning dictates that proof of mitigation should occur before a CUP is issued; not after. If PSL wants to play loud music that would otherwise violate the noise ordinances, then they should be required to submit a plan that demonstrates how it will mitigate the sound going forward --plain and simple. Sound mitigation won't hurt their business. Honestly, why would anyone pay to go see a show at PSL if you can listen to the music for free half a mile away? Also, note that there is no "3 strikes rule"; rather, according to subsection (C), after any one conviction, the Planning Commission can revoke the CUP. There were two convictions in a 30-day span last fall; one where the music was measured at 90+ decibels, which at the North end of the property, is over 100 times louder than allowed. Lack of convictions does not equate compliance. Citizen complaints doubled from the previous years. If there had been consistent enforcement, there would have been dozens of convictions. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 35 of 56 The surrounding property owners appreciate the arts, but not at the expense of comfort in one's own home. Personally, I moved here for the Arts Corridor, and despite Commissioner Winston's flippant "some people will have to move" remark, I don't intend to go anywhere. But, I do expect the Planning Commission to make rational decisions that represent the interests of all of the City's property owners -- not just one. And, if he is incapable of doing so, then perhaps he shouldn't vote on this issue. No single property owner should be able to dominate the air space of the entire Arts Corridor. How is another cafe/restaurant/bar supposed to also have live music, when it cannot be heard over the ordinance violating music from PSL? I would request that the Planning Commission revoke PSL's CUP until they demonstrate that they are capable of complying with the laws of this City. If they want to continue to operate at loud volume only, then that means they will need to mitigate the sound, first; not at some undetermined time down the road. Mike Daily On Sat, Feb 12, 2022 at 8:08 AM C. Michael Daily <carl.mike @gmail.com> wrote: To Jessie Masters and the Planning Commission: Please consider my comments and concerns at the Feb. 14, 2022 meeting of the Planning Commission. Prairie Street Live's ("PSL") request to the Planning Commission should be denied. First, PSL's business concept is not compatible with the surrounding area. The lower area of the Mill District is not the entertainment district. It is a mixed -use area that consists mostly of residences (condos, homes, and apartments). While an outdoor amplified music venue could be compatible with Dickson Street, this business concept is incongruent and does not belong within the development of the resident -heavy Mill District. The business is also incompatible because it apparently cannot operate without being in persistent violation of the City's own noise ordinances. Not only has PSL exceeded the noise decibel levels set forth in Section 96.04 of the code, but it has also committed repeated violations of Sections 96.01 and 96.02(A) by creating a noise disturbance during any given event. Under 96.01, a "noise disturbance" is defined as: "Any sound which: (1) Endangers or injures the safety or health of humans or animals; (2) Annoys or disturbs a reasonable person of normal sensitivities; or (3) Endangers or injures personal or real property." Section 96.02(A) of the municipal code states: "Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to make, or continue or cause or permit to made or continued, any noise disturbance." Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 36 of 56 In other words, PSL breaks the law anytime it causes a "noise disturbance" as defined under 96.01 and 96.02, or exceeds the decibel levels set forth in Section 96.04. For over two years, residents and property owners have provided specific instances where PSL has violated noise ordinances, by annoying and disturbing property owners, residents, and their pets, and harmed their property. The noise emanating from PSL can be heard from over 600-feet away in every direction (even as far North as the houses that are near the library). Property owners have reported that their windows and walls shake during concert events. By repeatedly violating the law, PSL consistently creates the textbook example of a nuisance, and by allowing an outdoor amplified music venue to exist so close to residences, the Planning Commission actually encourages it. If a business must consistently break the law in order to function at location, then how can it be compatible in that neighborhood? This is a rhetorical question, and the answer is obvious- -PSL's business is simply not compatible with the Mill District. PSL's proximity to the Arts Corridor does not exempt it from complying with the law. Giving PSL a pass, yet requiring similar businesses (JBGB/Georges) to enclose its facilities demonstrates that the Planning Commission is willing to arbitrarily enforce its own rules. Even if PSL is allowed to continue to hold amplified events, it needs constant monitoring. A year ago, PSL received an extension of its CUP because city planners noted that there had been no documented noise citations. PSL then received two separate noise citations within a 30-day period in October and November of 2021. The noise and other police calls have doubled from a year ago. The lack of documented noise citations does not mean that PSL has always been compliant. Several variables must be met before the police issue a noise citation. First, an affected resident must call the police. Property owners and residents that I have spoken with feel uncomfortable doing this, because they recognize that our police officers have higher priority matters to attend to. By using documented noise citations as the compliance standard, the planning commission has placed property owners in the uncomfortable position of needing to bother the police. Otherwise, it is assumed that PSL has done nothing wrong. Second, the police must physically visit PSL. This has not always happened in response to calls. There are call records that reveal that the police department will first contact PSL to request that they reduce the volume. While this might temporarily resolve a noise violation on a given night, it never results in a citation. Third, there must be an officer on duty that evening who is trained to use the decibel reader, and that particular officer must be the one who investigates the noise complaint. Up until the fall of 2021, there were few, if any, police officers adequately trained to respond to these calls. In some cases, the responding officer did not possess the decibel reader or was not adequately trained to operate it. In other instances, the officer did not realize that measurements from the North boundary could not exceed 60 decibels. Last fall, PSL received two violations within a 30-day period --one in October, and one in November. One reading taken from behind the stage measured at over 90 decibels. At the time of the November citation, PSL's owner even commented that she knew that their show was going to be loud that evening. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 37 of 56 The two documented noise citations within such a short period of time, and the owner's acknowledgement that she was violating the noise ordinances on purpose, should validate all of the concerns that nearby residents and property owners have had for the past two years. It demonstrates PSL's owner's clear and willful disregard for the law, and her lack of respect for the rights and concerns of anyone other than herself. While I can understand that the planning commission would prefer to no longer review the CUP on an annual basis, unfortunately, this is a problem that was self-inflicted. Like the bad kid in the classroom, PSL now needs constant monitoring. It has not demonstrated that it can follow simple rules, and thus, it does not deserve to receive any favors. PSL is not entitled to an additional minute of amplified music, and the permit should be reviewed, at least annually, if not more frequently. Alternatively, the planning commission can recognize what is obvious, which is that this business concept is incompatible in this district of our city and revoke the CUP altogether. C. Michael Daily From: C. Michael Daily <carl.mike@gmail.com> Sent: Saturday, February 12, 2022 8:08 AM To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: ADM-2022-000001 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. To Jessie Masters and the Planning Commission: Please consider my comments and concerns at the Feb. 14, 2022 meeting of the Planning Commission. Prairie Street Live's ("PSL") request to the Planning Commission should be denied. First, PSL's business concept is not compatible with the surrounding area. The lower area of the Mill District is not the entertainment district. It is a mixed -use area that consists mostly of residences (condos, homes, and apartments). While an outdoor amplified music venue could be compatible with Dickson Street, this business concept is incongruent and does not belong within the development of the resident -heavy Mill District. The business is also incompatible because it apparently cannot operate without being in persistent violation of the City's own noise ordinances. Not only has PSL exceeded the noise decibel levels set forth in Section 96.04 of the code, but it has also committed repeated violations of Sections 96.01 and 96.02(A) by creating a noise disturbance during any given event. Under 96.01, a "noise disturbance" is defined as: "Any sound which: (1) Endangers or injures the safety or health of humans or animals; (2) Annoys or disturbs a reasonable person of normal sensitivities; or (3) Endangers or injures personal or real property." Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 38 of 56 Section 96.02(A) of the municipal code states: "Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person to make, or continue or cause or permit to made or continued, any noise disturbance." In other words, PSL breaks the law anytime it causes a "noise disturbance" as defined under 96.01 and 96.02, or exceeds the decibel levels set forth in Section 96.04. For over two years, residents and property owners have provided specific instances where PSL has violated noise ordinances, by annoying and disturbing property owners, residents, and their pets, and harmed their property. The noise emanating from PSL can be heard from over 600-feet away in every direction (even as far North as the houses that are near the library). Property owners have reported that their windows and walls shake during concert events. By repeatedly violating the law, PSL consistently creates the textbook example of a nuisance, and by allowing an outdoor amplified music venue to exist so close to residences, the Planning Commission actually encourages it. If a business must consistently break the law in order to function at location, then how can it be compatible in that neighborhood? This is a rhetorical question, and the answer is obvious- -PSL's business is simply not compatible with the Mill District. PSL's proximity to the Arts Corridor does not exempt it from complying with the law. Giving PSL a pass, yet requiring similar businesses (JBGB/Georges) to enclose its facilities demonstrates that the Planning Commission is willing to arbitrarily enforce its own rules. Even if PSL is allowed to continue to hold amplified events, it needs constant monitoring. A year ago, PSL received an extension of its CUP because city planners noted that there had been no documented noise citations. PSL then received two separate noise citations within a 30-day period in October and November of 2021. The noise and other police calls have doubled from a year ago. The lack of documented noise citations does not mean that PSL has always been compliant. Several variables must be met before the police issue a noise citation. First, an affected resident must call the police. Property owners and residents that I have spoken with feel uncomfortable doing this, because they recognize that our police officers have higher priority matters to attend to. By using documented noise citations as the compliance standard, the planning commission has placed property owners in the uncomfortable position of needing to bother the police. Otherwise, it is assumed that PSL has done nothing wrong. Second, the police must physically visit PSL. This has not always happened in response to calls. There are call records that reveal that the police department will first contact PSL to request that they reduce the volume. While this might temporarily resolve a noise violation on a given night, it never results in a citation. Third, there must be an officer on duty that evening who is trained to use the decibel reader, and that particular officer must be the one who investigates the noise complaint. Up until the fall of 2021, there were few, if any, police officers adequately trained to respond to these calls. In some cases, the responding officer did not possess the decibel reader or was not adequately trained to operate it. In other instances, the officer did not realize that measurements from the North boundary could not exceed 60 decibels. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 39 of 56 Last fall, PSL received two violations within a 30-day period --one in October, and one in November. One reading taken from behind the stage measured at over 90 decibels. At the time of the November citation, PSL's owner even commented that she knew that their show was going to be loud that evening. The two documented noise citations within such a short period of time, and the owner's acknowledgement that she was violating the noise ordinances on purpose, should validate all of the concerns that nearby residents and property owners have had for the past two years. It demonstrates PSL's owner's clear and willful disregard for the law, and her lack of respect for the rights and concerns of anyone other than herself. While I can understand that the planning commission would prefer to no longer review the CUP on an annual basis, unfortunately, this is a problem that was self-inflicted. Like the bad kid in the classroom, PSL now needs constant monitoring. It has not demonstrated that it can follow simple rules, and thus, it does not deserve to receive any favors. PSL is not entitled to an additional minute of amplified music, and the permit should be reviewed, at least annually, if not more frequently. Alternatively, the planning commission can recognize what is obvious, which is that this business concept is incompatible in this district of our city and revoke the CUP altogether. C. Michael Daily From: Chadwick Platt [mailto:outlook 100155C71B49710C@outlook.com Sent: Friday, February 11, 2022 1:52 PM To: Planning Shared <planning@favetteville-ar.gov> Cc: prairiestreetlive@gmail.com Subject: Prairie Street Live 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. To the esteemed members of the Fayetteville Planning commission: I would like to offer my comments in support of the amendments proposed for Prairie Street Live. I have known the owners of this establishment for many years and I am very proud of and impressed by the entertainment venue that they have created on Prairie Street in Fayetteville. April Lee has taken a historic railroad sight and turned into an entertainment and event venue that is both family friendly and cutting edge. 1) During Covid, it was a haven for people who craved live music and kinship with their friends, but were concerned about crowds. They had drawn squares on the grass lawn so that people could create their own "pods" and space out quite a bit in the fresh air. I also love the fact that they have fun games for customers to play with their friends such as Cornhole and Connect 4, a full bar, and a great pavilion with nice furniture, big screen tv's for sports, outdoor movies, etc. 2) They have continually sought out diversity in their music choices, guest DA, etc. 3) They have hosted many lovely weddings, fundraisers and other private events 4) They have always done their best to respect their neighbors Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 40 of 56 Moreover, the area is destined to become an entertainment district given the pub next door, the Airstream Air BnB next door, the restaurants and all of the cool funky housing in the neighborhood. The addition of the Fay Jones Park will increase foot traffic and tourism in the area as well. In my opinion, the good folks at Prairie Street Live have been very patient and cooperative, given all the restrictions that have been placed on their business thus far. Sincerely, Chaddie Kumpe Platt Owner, Dog Party USA Sent from Mail for Windows From: ciavash zaifi [mailto:ciavashzaifi@vahoo.com] Sent: Sunday, February 13, 2022 9:58 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: We need 3 nights of music at prairie street 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. Greetings! Please allow music to 10pm Thursdays and to 11pm Saturday and Sundays at Prairie St. Live. We the people need it! Best regards, Ciavash Zaifi From: dsewe1183@gmail.com [mailto:dsewe1183@gmail.com] Sent: Thursday, February 17, 2022 9:05 AM To: Planning Shared <planning@favetteville-ar.gov> Subject: Praire St Live 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. Hey y'all, I support Praire St Live and I hope you let them do more nights a week and move the time to 11pm. Praire St Live means so much to me and the hip hop and R&B community in NWA. We had our annual Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 41 of 56 Arkansas Summer Jam event and two other events there last year and they were wonderful. Praire st live is a fun family friendly environment that only adds to our great community. Darren T. Sewell aka DJ D. Sewell Kiss 105.3 Program Director From: Jason Gill <jason.s.gi1172@gmail.com> Sent: Friday, February 11, 2022 8:27 AM To: Planning Shared <planning@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: Prairie Street Live (ADM-2022-000001) 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. Hello, My name is Jason Gill and I live at 221 W. South St. in Fayetteville. I have lived at this address for almost 20 years now and I have seen many changes to this neighborhood and our city during that time. The number of new restaurants, breweries, and entertainment venues that have opened within walking distance of my house has been incredible. My family feels very fortunate to have such opportunities literally at our doorstep. We are also fortunate to have made very strong connections with our neighbors and we have built some very deep and enduring friendships with the people that live nearby. Many are like family. It has been said that good fences make good neighbors, but really what makes a good neighbor is a shared sense of responsibility, mutual consideration and respect. We feel very fortunate to have such good neighbors around us and we try to act in such a manner that they feel the same about us. This brings us to the reason I am writing to you today. The Prairie Street Live venue located at 509 W. Prairie St. is an example of one of the new venues that has opened in the area in the last couple of years. They offer food, drinks and live music in a great outdoor setting along the Frisco Trail. I feel that they have done a really good job transforming their property into a nice business which really adds to the dining and entertainment options for the surrounding neighborhood and beyond. The only issues that I have with the venue are with the volume level of the amplified music at night and the hours that the amplified music plays on a weeknight. I live roughly a quarter mile from the venue but can easily hear the music on some nights while sitting in my house with all the windows and doors closed and the television on. I have thought of calling the police non emergency number on a number of occasions to complain. It's frustrating to not be able to have peace inside my home and I can only imagine what it must be like for people who live closer to the venue. To clarify, we understand that living in the center of town is going to result in a fair amount of noise. It's not like we just moved in next to George's on Dickson and then started complaining about the music volume. We live within the "Golden Triangle" of the police station, fire station and the Central EMS ambulance station. We are used to frequent sirens and the traffic noise from Archibald Yell. This fact does not absolve anyone in the area from their responsibilities when it comes to abiding by the local Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 42 of 56 noise ordinances or their duties as good neighbors when it comes to considering the people that live around them. When an ordinance is put in place that limits the decibel level of a venue then the city should also have the capability to determine if their ordinance is being followed or not. This is not a subjective matter. There are scientific methods to determine what is "too loud", just as there are scientific methods to determine if a motorist is driving "too fast". Leaving it up to neighbors to determine whether a business is compliant with city ordinances puts an unfair responsibility on them. These ordinances are in place for a reason. Let's enforce them. Until it has been found that the venue is abiding by the decibel limits that they have agreed to work within, I feel like it is premature to expand the number of days or hours allowed in the current permit. Thank you, Jason Gill 221 W. South St. Fayetteville, AR 72701 479.466.9074 From: Kappa Alpha Social Chair [mailto:kaaosocial@gmail.com] Sent: Thursday, February 10, 2022 12:11 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Prairie Street Live 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. To whom it may concern, My name is John Fischbach and I am one of the social chairs for Kappa Alpha Order at the University of Arkansas located at 340 N Arkansas Ave. I am writing to you today to show my support for April and the amendments she has proposed. The City of Fayetteville has long prided itself on its amazing culture, which nightlife and live music play a large role in. April and Prairie Street Live have done an amazing job providing to our great city's unique culture, but often find themselves limited because of these small technicalities that she has asked to have changed. When reviewing her proposal keep in mind that you could be letting April help grow our city's culture and lead to its continued success. Thank You for your time and consideration, John Fischbach KA From: Leonard, Kim [mailto:Kim.Leonard@gmr.net] Sent: Thursday, February 10, 2022 1:54 PM Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 43 of 56 To: Planning Shared <planning@favetteville-ar.gov> Cc: prairiestreetlive@gmail.com Subject: support for Prairie Street Live Amendments 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. Fayetteville Planning Commission, I am writing you in behalf of Prairie Street Live. I am a first responder, and a RN. It has been a difficult past 2 years during the pandemic. Speaking from my perspective as a healthcare provider the increase of morale, PTSD, and suicide is at an extreme high. What helps is music, laughter, and the culture that PSL venue has had to offer. It allows us to forget all the deaths, long hours worked, and most of all the need for healing. Fayetteville is my home, and we need to have a place that is an outside venue with music. PSL not only provides music but fellowship within our community. Its an opportunity for networking and meeting new families and sharing experiences of what is happening in our world. PSL is a safe place of freedom of diversity and culture. We all work different days and shifts by allowing PSL to continue music until 10:00 on Thursday is a huge value. One hour extra on Thursday nights, and 3 nights a week will make an impact as mentioned for the above reasons. Please amend the annual committee review of conditional use permit to extend the CUP indefinitely. Due this for our community, fellowship, and most of all your healthcare providers who take care of our citizens on a daily. Thank you for your time. Kim Leonard R.N.,NREMT-P Regional Manager of Clinical Practices- South 417.274.7497 1 www.globalmedicalresponse.com Extraordinary stories. Extraordinary people. I www.atamomentsnotice.com The information contained in this e-mail and any accompanying documents is intended for the sole use of the recipient to whom it is addressed, and may contain information that is privileged, confidential, and prohibited from disclosure under applicable law. If you are not the intended recipient, or authorized to receive this on behalf of the recipient, you are hereby notified that any review, use, disclosure, copying, or distribution is prohibited. If you are not the intended recipient(s), please contact the sender by e-mail and destroy all copies of the original message. Thank you. As a member of the Center for Patient Safety's PSO, GMR is pleased to participate in programs that permit health care providers to review and discuss information and/or documents as part of a quality & safety improvement process. These programs are fully privileged, protected by the PSQIA and all applicable federal and/or state laws. They are designed to review the quality and efficiency of patient care provided, the competence and qualifications of health care providers who rendered patient care, to improve the quality and safety of patient care, to reduce morbidity and mortality, and to assess compliance with applicable laws, rules and regulations. We consider communication related to this process to be confidential, privileged patient safety work product. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 44 of 56 From: Korey McKelvy [ma iIto: koreymckelvy@gmail.com] Sent: Monday, February 14, 2022 2:12 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Prairie Street Live Support 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. To Whom it May Concern, I am reaching out to show support for the Arts Corridor music venue, Prairie Street Live. I know they are working towards an indefinite permit to have three full nights of music with Thursday nights going until 10:00pm and Friday/Saturday nights going until 11:00pm. This venue has been greatly supportive of our local community of musicians, as well as family oriented concert -goers, who are able to bring their children to a quality music venue with plenty of space and safety. I believe any adjustments to the permit that will give Prairie Street Live the opportunity to be in a better position financially, as well as offer more music to our community, is absolutely a forward step. Venues like this are very limited in our area, and they deserve the best chance at success that they can get. Thanks for your consideration. Kindly, Korey McKelvy 5809 Ball St, Fayetteville, AR 72704 479-981-4414 From: Leandro Walter[mailto:leandromiguelwalter@gmail.com] Sent: Thursday, February 10, 2022 12:02 PM To: Planning Shared <planning@fayetteville-ar.gov> Cc: Prairiestreetlive@gmail.com Subject: Support to Prairie Street Live's Request 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. This email is in support of the request made by Prairie Street Live. As a musician, I can say that they added a lot of value to the music community and I think they should be able to have music until 10 pm on Thursdays. Also I wish they will be able to have musical events at least three times a week, and that their permit can be extended indefinitely. Thanks for your time. Leandro Walter Drummer/Percussionist Fayetteville, Arkansas. +1 (479) 721 - 2052 Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 45 of 56 From: Smiley Kent [mailto:smileysbbgl@gmail.com] Sent: Thursday, February 10, 2022 3:53 PM To: Planning Shared <planning@favetteville-ar.gov> Subject: Prairie Street Live 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. I am sending an email in support of Prairie Street Live. Downtown Fayetteville needs a true outdoor venue with live music and a place for venues outdoors, they provide that. The community loves to go to PSL and visit with friends and family. They need a later live music time on Thursday. They should be able to play live music more than three days a week. It an essential venue for NWA. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 46 of 56 To the City Planning Commission regarding AND 2022-000001 Prairie Street Live's CUP Application Dear Commissioners, Feb. 23, 2022 In your decision whether or not to recommend the applicant's request for extended hours and days and making her Conditional Use Permit indefinite, it becomes necessary to separate the real issues from the deflections and distractions. There's not been a shortage of distractions in this case. In considering whether or not the Planning Commission should recommend the applicant's requests, there's only one question that needs to be considered: Is the venue disturbing the peace of the adjoining residential neighborhood by not acting in compliance with the city's ordinances? Instead of focusing on this question, these distractions have been clouding the issue. Clearly, Prairie Street Live (PSL) has violated the city's noise ordinance which was set so as to not have noise disturbances. While this violation has been documented only twice; this is simply a distortion of the facts. Those two police citations took place 27 days apart at the end of the venue's activities for the last season. The first one, Oct. 2021, was for noise more than 15 times louder than the ordinance allows. The last citation, Nov. 2021, was for noise more than 30 times louder than the ordinance allows. There are several factors that have limited PSL's violations to two citations. According to the Director of Planning, Mr. Curth has confirmed that, for the first year of their CUP, the police didn't understand that the venue had two ordinances to consider. It was assumed that being in a commercial zone their noise limits were those of a commercial zone. In fact, they are also restricted by the noise ordinance for the adjacent residential zone. Several times the police stated that they were not breaking the higher ordinance while they were, in fact, considerably above the ordinance for the residential zone. It was a misunderstanding that "allowed" the venue to be much louder than the ordinance permits. While I understand that you have to rely on complaint driven police reports. Because of that, it needs to be understood, that many people don't know that the police are the only way to document violations. Also, many people who don't like the noise don't want to make noise themselves. And then there's the fact that people know that the Police have more important things to attend to and nobody wants to bother the police for noise disturbances. Even so, police reports indicate that on numerous occasions, numerous complaints have been received from the adjoining residential neighbors. All this would indicate that there are more disturbances than even reported. (I, for one, have never called the police if the decibel levels were not at least 5 times louder than the ordinance, at my house, which is 600 feet away from where the measurement should be taken.) Then, on more than one occasion, the police dispatcher has replied to a complaint saying that they doubted that they could send an officer for this because there were other priorities at the time. What's more, several times, when an officer that did go to the site, he has said that he didn't have a decibel meter and/or that he didn't know if an officer who was certified to read one was on duty. By their own admittance, the police didn't understand the ordinance, wasn't able to respond to some complaints and weren't adequately equipped to see when the noise ordinance was violated. This seems to be a city problem not caused by the complaints but by flagrant infringements of an ordinance that the city hasn't been able to regularly enforce. But all those reasons point to why they didn't get more citations. Still, there were two serious infractions that were documented in a 27 day period. In the original application of 2019, applicant said and the Commission believed that PSL would be a good neighbor. They haven't been. But then, at last year's application, the applicant and her employees asked for more hours, a permanent permit and complained about the restrictions on the volume of their music. I'm not sure who was informed of this at the time, other than the applicant? I wasn't. This Commission voted to recommend the permit even though the venue admits that they can't control the noise. The program manager has been quoted as saying, "I don't even amplify the drums" and "I can't control the noise of the crowds?" Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 47 of 56 Another neighbor, as you know, went to the trouble of an FOIA and received a few of the police recordings from body and vehicle cams. I've had the "pleasure" to see some of them. If you want to understand what's going on after complaints from neighboring residents, I suggest you watch them. In case you don't want to watch them, I'll put a few of the things that can be seen in an appendix to this letter.(I) Again, I need to explain how the decibel system works and then put it in terms of infringements of ordinances. Since the problem is disturbance of residents, the technical explanation could also be considered a distraction from the problem and, therefore I'll explain that in an appendix below.(II) There's another distraction and misconception I've heard from at least one Planning Commissioner. This is in regard to the Ramble or the Cultural Arts Corridor. I'll speak to that in Appendix III. There's one other thing that I must address that is really not pertinent to this issue and I'll attach that as the third appendix.(IV) So, to stay focused, it comes down to two opposing desires; The applicant feels that she is too restricted by the noise ordinance, is wanting more days and hours and is asking for her permit to be indefinite versus "nearby" residents that are being disturbed by violations of the noise ordinance and have tolerated these infringements for two years already . All other issues seem to be distractions. I personally support musicians and the arts. To indicate otherwise is a deflection. I am not against Prairie Street Live and hope they could find a way to succeed without being a disturbance in my house, in my yard and in my neighborhood. It seems that the commission should be able to find a solution to these problems so that both sides are satisfied. Giving more permits to the applicant will not do that and it has already been demonstrated for two years that the problems will persist. Respectfully, Ed Levi, Homeowner and Resident 301 S. West Ave, Fayetteville APPENDIX (1) I've had the unhappy "privilege" to see just a few of the tapes taken by the Fayetteville Police Department (PD) on their body and vehicle cams. While quite tedious, I've looked through some of them and need to share some excerpts with the Planning Council. If you want to see them in full, I'm sure you'll find more things of interest. I won't bother you with all the times I've been disturbed but I want to show you that the noise ordinance has been violated more times than the citations indicate. • On April 25, 2021, during PSL's warm-up they were hitting 83clB as an average and 91dB at their peak. Admittedly, this was on my meter, but my back deck some 600 ft away from PSL's gate. (I've had my meter checked against "official OSHA" ones but it is not certified.) They did not get a citation on that date! Yet, just at their average, at my house, was 23 times louder than the ordinance allows. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 48 of 56 I've asked officers several times to take a measurement with their meters in my back yard but they never have. (I know that wouldn't mean much if it wasn't above 60 dB but it would be and it'd also verify if my meter is reading about the same as that of the PD. They'd understand why I'm complaining.) But still, they're accepting readings from PSL staff on PSL's meter and taken whenever and wherever, as you'll see from some excerpts below: • On a video from an officer's body cam on Oct. 16, 2021, when it was over 70 dB at my house on my meter, an officer went to PSL. He told the "acting manager" that there'd been a complaint from an apartment across the street. The officer stated that he didn't have a meter and that it took a certified officer to read one and he didn't know if any were on duty. Then, after finding out that PSL staff had a meter, he asked them to measure the noise level and he'd try to come by later and see their readings. The Program Manager replied that he took readings often and that it's usually around 58. (Given my reading and the distance, it would likely be closer to 85 dB.) • Shortly later and on the phone with the same officer, but still on tape, I asked him if he heard the "f- bomb" being amplified. He admitted that he did hear it but that he "couldn't do anything about that because it falls under Freedom of Speech". Actually, not only is this not "family friendly", it's a criminal offense. In three cases, the US Supreme Court settled the issue that broadcasting obscene language is a criminal offense. And yet I hear it coming from PSL over and over inside my house with the doors and window closed. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 49 of 56 • The following week, Oct. 23, 21, and again on tape, after the Program Manager again said that he checks often and they stay under the limit. The officer then showed him that it was around 75.8 dB outside their northern gate. When the petitioner asked if he "was going to give her a ticket," the officer said that he'd walk away for 5 minutes and then he'd come back to check. Given the chance, April ran to get the noise down, but when the officer came back it was still 75.6 dB. (At the same time on the PSL meter, they said they were "getting 56-61" dB.) That time, after a very generous warning, they got a citation. The Program manager replied that he "can't turn it down,... it's just band without PA." He went on to say, "this is just a segway into a fight we're going to have with the city. We are in the Entertainment District but are treated differently than everyone else". • 27 days later, just prior to the event on Nov. 19, 2019, a representative of the applicant came to my house saying that the applicant wanted to offer my wife and me dinner out and a night at a hotel. I asked why and she said that, "it's liable to be loud tonight". They were trying to control complaints while planning to violate the city noise ordinance. • Sure enough! I called the PD when it was in the upper 70s at my house and the "f-bomb" was loud and clear inside with doors and windows shut. Again, and on tape, after the PSL staff still insisted that they were below the noise ordinance limits, but then admitted their meter was getting readings at 67 — 71dB where the officer was getting 76. the officer replied by stating that he was there because there'd been "about 10 complaints" and, as the officer on 2/14 told you that included people saying their windows were rattling and their children couldn't sleep. The officer then took a measurement, which can be seen on a body cam tape that they were just west of their property on Gregg St. The meter showed 92.8 dB and the officer told the manager that it was "about 93" behind the stage. This is the same officer who told me the broadcasting the F-bomb was protected my the Freedom of Speech. There are more examples but, in sum, there have been many infractions of the Fayetteville's noise ordinance coming from PSL. Many more violations than citations! (II) Decibel measurements do not work like a speedometer. A speedometer indicating 10 mph above a city ordinance, in a residential zone, of 20mph would mean that you're going 30 mph. (You'd likely get a warning.) But the decibel system is a 10 base logarithmic system. If speed was measured this way and you were going 10mph over a 20mph speed limit, you'd be going 10 times faster than the ordinance or 200 mph! (A complaint driven follow-up wouldn't work because you'd be gone and the police couldn't catch you anyway.) So, in noise measurements, if the city ordinance is 60 dB and you're admitting noise at 70 dB it's not that you're 1/6t" louder. You are actually 10 times the limit of the ordinance. Prairie street live was sighted more than 30 times over the allowed ordinance! Previously, when the police didn't understand that they had a lower limit because of adjoining residential neighborhood, they let them pass at 15 times louder than the ordinance. No wonder there are complaints! (III) While members of this commission has said that PSL is part of the Ramble or at least just across the street from it, and that venues like theirs was planned for. This is just not the case and is basically a misunderstanding and another distraction of the question at hand. Because I wanted to be supportive and involved, I attended every public forum and participated in every opportunity for input for the Cultural Arts Corridor(CAC). Over and over I heard and read about the plans for the Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 50 of 56 CAC. For one thing, except for the little ribbon of the Greenway, the Ramble does not even extend to Prairie Street. The southern limit of the Corridor on West Ave. stops at South St and the Fay Jones Woodland. The road and sidewalk improvement on West Ave and south of South St. are paid for by an entirely different budget item. Furthermore, in all the discussions, there were no mentions of any permanent music venues, outdoors or enclosed. That wasn't ever mentioned nor was it voted upon when the bond issue came up. What was discussed was periodic, pop-up art, pop-up acoustical music, poetry and story telling. And although those things were mentioned to be along the trail in the area of the woodland, it was mostly directed to be in the plaza between Dickson and Spring Streets. Further south has never been called the entertainment district. South of Spring St. and especially south of Center is the Ramble is mostly connecting the Greenway to the Urban Forest and the library. It is not what people voted on for the CAC or what the money was spent on. Discussing that and future developments of what may happen across MLK is irrelevant in this issue. (IV) At the 2/14 meeting one of the commissioners, after hearing that Prairie Street Live was, in fact, cited for infractions of the city noise ordinance, clearly inferred that, if people didn't like it, they might just have to move. I found this statement to be offensive, unprofessional and inappropriate for someone representing the city to say. As an aside, I actually know of one residential renter that actually did move because "her baby couldn't sleep" because of the noise coming from Prairie Street Live. That's Oust wrong!! Wrong for the renter, the baby and the landlord. Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 51 of 56 DocuSign Envelope ID: D5583BFO-2BBF-46E8-B4B8-9A23C75BOB7E February 9, 2022 City of Fayetteville Planning Commission 113 W. Mountain Street Room 219 Fayetteville, AR 72701 planninakfayetteville-ar.gov Re: Support for Prairie Street Live's Requested Amendments to CUP Dear Planning Commission: I am writing to express support for the amendments Prairie Street Live ("PSL") seeks to its conditional use permit 19-6721. I am the owner and Chief Executive Officer of Eclectic Artist, LLC ("EA"). EA is a full service entertainment company headquartered in Atlanta, Georgia. We are one of the largest college and student organization concert and event planning companies in the United States of America. We focus on providing our clients with excellent service by coordinating all aspects of an event or concert including securing an appropriate venue, musical talent, transportation, food, beverage, and security. PSL is one of our preferred vendors in Fayetteville, Arkansas when we plan and produce events for our client - student organizations affiliated with the University of Arkansas. In all of our interactions with PSL, we have found the Company and its employees to be professional, respectful, collegial, and a great representation of the town of Fayetteville. As you know, PSL seeks the following amendments to it conditional use permit: (1) end time on Thursdays to be extended by one hour to 10:00 p.m.; (2) increasing the number of amplified music days from two days per week to three days per week. I believe that both of these amendments will be beneficial to PSL, our clients, and the City of Fayetteville. First, as mentioned above, the events that EA plans and produces at PSL are events for student organizations at the University of Arkansas. A majority of these events are scheduled for Thursday evenings. A common request EA receives from its University of Arkansas clients is to secure an event venue where the event can run from 8 p.m. to 10 p.m. This time period is critical because many students attend classes in the late afternoon and early evening. In fact, according to the University Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 52 of 56 DocuSign Envelope ID: D5583BFO-2BBF-46E8-B4B8-9A23C75BOB7E of Arkansas's Spring 2022 schedule, which can be viewed at https://scheduleofclasses.uark. edu/Main?strm=1223 &eveninjz=y& Search=Search, over 114 classes take place on Thursday evenings. Allowing PSL to host Thursday events until 10 p.m. is critical for our ability, and presumably the ability of other companies, to continue to book our client events at PSL. Second, increasing PSL's ability to host three amplified music events per week will increase our ability to meet the increased client demand for concerts and other events with amplified music. As you can imagine, these students have had to cancel, reschedule, and sometimes cancel again numerous events over the past two years. They are eager to move forward with their events and finally connect in -person with their friends and classmates. Finally, the proposed amendments will allow PSL and the related Fayetteville businesses that benefit from the events hosted at PSL to increase their revenue and increase the City's tax revenue. In my view, everyone wins. If you have any questions, please contact me. Thank you for your consideration. Sincerely, Brandon Denson Owner and CEO Eclectic Artists, LLC bd@eartistsagency.com UxuBfpned 6y: 893E78CC91EAA45... Planning Commission February 28, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 53 of 56 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 54 of 56 ADM-2022-000001 Close Up View RSF-4 0 0 0 W W 0 509 W PRAIRIE ST RSF-7 R-O — w a G z O a i-i O W AXIS -J LN p Tsa-La-Gi Trail 1 — Regional Link - High Activity Urban Center - -� Planning Area - -, Fayetteville City Limits — — — Shared -Use Paved Trail - - - Trail (Proposed) Design Overlay District DG W a W t Subject Property ��' IE ST■ i + + + 1 w { > + a + 0 ► %.:J + w ► O ► + e i 1 MARTIN LUTHER'I z KING JR BLVD �W Id —0 � Feet 0 75 150 300 450 600 1 inch = 200 feet I SOUTH'ST 4" IL N 7/ G F c WD 5TH ST A& NORTH RSF-4 RSF-7 RW RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office C-2 Main Street Center Downtown General P-1 Planning Co mission 8, 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 55 of 56 ssion 2022 Agenda Item 4 ADM 22-000001 Prairie St. Live Page 56 of 56 OFFICE OF THE CITY ATTORNEY TO: DEPARTMENTAL CORRESPONDENCE Planning Commission CC: Jessie Masters, Development Review Manager FROM: Blake Pennington, Assistant City Attorne DATE: February 25, 2022 Kit Williams City Attorney Blake Pennington Assistant City Attorney Jodi Batker Paralegal RE: Factors to Consider for Conditional Use Permits and Application to Prairie Street Live Since you are considering the application of Prairie Street Live to amend and extend its conditional use permit, I wanted to provide some additional information to the Planning Commission about the conditional use process. The Unified Development Code has specific requirements that must be met to approve a conditional use permit request. The UDC gives the Planning Commission the authority to "grant a conditional use with such conditions and safeguards as are appropriate under this chapter ... or deny a conditional use when not in harmony with the purpose and intent of this chapter." § 163.02 of the UDC also provides the factors that must be satisfied to grant a conditional use permit: "The Planning Commission shall make the following written findings before a conditional use shall be issued: (a) That it is empowered under the section of the chapter described in the application to grant the conditional use; (b) That the granting of the conditional use will not adversely affect the public interest; and, (c) The Planning Commission shall certify: Requirements for Approval of Conditional Use Permits (i) Compliance with the specific rules governing individual conditional uses; and (ii) That satisfactory provisions and arrangements have been made concerning the following, where applicable: a. Ingress to and egress from property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe; b. Off-street parking and loading areas where required, with particular attention to ingress and egress, economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district; c. Refuse and service areas, with particular reference to ingress and egress, and off-street parking and loading; d. Utilities, with reference to locations, availability, and compatibility; e. Screening and buffering with reference to type, dimensions, and character; f. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; g. Required setbacks and other open space; h. General compatibility with adjacent properties and other property in the district; and i. General compatibility with the goals and intent of the city's adopted land -use, transportation, and other strategic plans. Some of the factors under subsection (c)(ii) establish minimum, relatively objective standards that must be met but also contain some subjective elements that could factor into the broader findings of general compatibility and whether the use might negatively affect the public interest. Public Interest Subsection (b) requires you to find that "the granting of the conditional use will not adversely affect the public interest." Black's Law Dictionary defines public interest as "1. The general welfare of the public that warrants recognition and protection. 2. Something in which the public as a whole has a state; esp., an interest that justifies governmental regulation." Requirements for Approval of Conditional Use Permits 1. The Cultural Arts District On September 4, 2006, the City Council passed Resolution 160-07 designating the boundaries of the Cultural Arts District. The District includes the Mill District and the areas surrounding Prairie Street Live, although the Cultural Arts Corridor boundary ends just north of Prairie Street Live. In the staff memo that accompanied the resolution, staff cited a portion of the Downtown Master Plan developed by consultant Dover Kohl that was adopted by the City in 2004: A Cultural Arts District is directly related to the sixth principle, "an experience economy." Dover Kohl recommended the creation of a Cultural Arts District to "be an affirmation of the City's commitment to keep Downtown a center for creativity, innovation, and fun. The City, business organizations and cultural institutions should also promote the overlay district in tourist brochures and regional media, and recruit businesses that will enhance the scene to locate here. Having a live music venue like Prairie Street Live adds to the Cultural Arts District and appears to accomplish a goal adopted by the City Council. However, in subsection (D) of § 163.10 of the UDC, which contains provisions specific to outdoor music establishments, the City Council has identified portions of the District in which it encourages outdoor music venues. Fayetteville Entertainment District. The City Council's policy is to encourage outdoor music establishments along Dickson Street from Block Avenue to Arkansas Avenue and on West Avenue from Spring Street to Lafayette Street as long as such establishments are reasonably compatible with adjoining neighborhoods. While this policy does not preclude the approval of outdoor music venues in other parts of town, it should be a consideration when a conditional use permit request is submitted by such an establishment. 3 Requirements for Approval of Conditional Use Permits 2. The Downtown Master Plan In addition to the principle that primarily led to the creation of the Cultural Arts District, the Downtown Master Plan contains an additional five principles adopted by the City Council. Those are to: • Create and showcase a walkable environment • Get more people living downtown • Create smart parking -- sustainable and efficient parking that enhances sense of place • Develop smart rules that outperform current zoning and attract desirable development • Create a series of interconnected special places Prairie Street Live's location on the Razorback Greenway contributes to a walkable environment and adds to the interconnectedness of arts institutions in downtown Fayetteville. With proper safeguards, it could also draw people interested in live music to live in the area. Without proper safeguards, it could deter people from living nearby. 3. Com�aliance with City Ordinances The public interest certainly includes an expectation that individuals and businesses will comply with the City's ordinances, including Chapter 96 Noise Control of the Fayetteville City Code. The City Code has contained limitations on noise for decades and has been amended over time to address different issues as they have arisen, including the adoption of decibel limits based on land use categories in § 96.04. Based on the staff memo, Prairie Street Live has been cited by the Fayetteville Police Department for violations of the City's noise ordinance. I do not know the outcome of those citations and it is possible there has been no finding of guilt by the Court. Violations of the noise ordinance should absolutely be part of the discussion when considering a conditional use permit request by an outdoor music establishment. Requirements for Approval of Conditional Use Permits 4. General Compatibility with the Cit 's Long Range Plans § 163.02(C)(3)(c)(i) requires the Planning Commission to make a finding of general compatibility with the goals and intents of the city's adopted land -use, transportation, and other strategic plans. This factor was adopted by the City Council when it passed Ordinance 6397 on December 15, 2020. The ordinance states that a reason for adopting the factor was "to allow the Planning Commission to ensure development of certain uses is safe, compatible, and appropriate pursuant to the stated goals of the City Plan 2040 and the City's other adopted strategic plans." Specific Rules for Outdoor Music Establishments § 163.02(C)(i) requires compliance with the specific rules governing individual conditional uses. Relevant here, § 163.10 of the Conditional Use chapter contains specific provisions for Outdoor Music Establishments beyond the general requirements for conditional use permits including: (B) Planning Commission Review. In addition to all normal considerations for a conditional use, the Planning Commission may require noise reducing measures and structures be incorporated into an outdoor music area, may limit the size, power, number and direction of speakers, and may limit the hours of outdoor music generation from the establishment. (C) Fayetteville Noise Ordinance Violation. If the establishment or any band or any person operating at such establishment is convicted of violating the Fayetteville noise ordinance (§96.06 of the Code of Fayetteville), such violation may constitute grounds for revocation of this conditional use to operate an outdoor music establishment. General CompatibilityCompatibili1y with Adjacent Properties To approve the proposed conditional use, § 163.02(C)(ii)(h) requires the Planning Commission to find "general compatibility with adjacent properties and other property in the district." General compatibility with adjacent properties and other property in the district requires a look from the perspective of the applicant's neighbors. In Benton 6� Requirements for Approval of Conditional Use Permits CoupStone Inc. v. Benton County Planning Bd., 374 Ark. 519 (2008), the Arkansas Supreme Court discussed the meaning of compatibility: The word "compatible" has a plain and ordinary meaning. The Oxford English Dictionary defines the word as meaning [m]utually tolerant; capable of being admitted together, or of existing together in the same subject; accordant, consistent, congruous, agreeable." See Oxford English Dictionary (2d ed. 1989). Likewise, according to the American Heritage College Dictionary, "compatible" means ""[c]apable of existing or performing in harmonious, agreeable, or congenial combination." See American Heritage College Dictionary 284 (3d ed. 1997). In a memo from City Attorney Kit Williams to the Planning Commission in 2016, he explained: Substantial evidence of compatibility or the lack of compatibility is found in the reasonable concerns and opinions of neighbors. A primary and fundamental purpose of zoning regulations is to protect the interests of neighboring parcel owners from uses that would be unreasonably disruptive and incompatible with their neighborhood. That does not give neighbors a veto power over any new development, but their concerns should be carefully considered and weighed along with the property owner's right to make fair and reasonable use of property. The Planning Commission must take into account the concerns of neighbors and ensure that a use is not unreasonably disruptive and incompatible with the neighborhood. Unfortunately, the suggestion that residents unhappy with the proposed use will just have to move is possibly a sign that the proposed use is or has been unreasonably disruptive and incompatible. Conditions and Safeguards One of the most important tools the Planning Commission has is the ability to prescribe appropriate conditions and safeguards along with the permit. If you believe Prairie Street Live's permit should be extended, I encourage you to continue exploring potential conditions to ensure it operates with the least possible disruption to neighbors. While the days and hours of operation are already limited, the UDC suggests that you should also consider noise reducing measures as well as limits to the size, power, number and direction of speakers. 6 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0306 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 RZN-2022-012 (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-012 LOCATED AT 1893 AND 1909 NORTH STEPHEN CARR BOULEVARD IN WARD 2 FOR APPROXIMATELY 3.5 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES 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 R-A, Residential Agricultural to CS, Community Services. 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 411312022 City of Fayetteville Staff Review Form 2022-0306 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/1/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-000012: Rezone (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS, 363): Submitted by SPECIALIZED REAL ESTATE GROUP, INC. for property located at 1893 & 1909 N. STEPHEN CARR BLVD in Ward 2. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.50 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: April 1, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000012: Rezone (1893 & 1909 N. STEPHEN CARR BLVDJEUBANKS, 363): Submitted by SPECIALIZED REAL ESTATE GROUP, INC. for property located at 1893 & 1909 N. STEPHEN CARR BLVD in Ward 2. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.50 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located 200 feet north of the intersection of Porter Road and Deane Street on the west side of Stephen Carr Memorial Boulevard. The property is situated between 1-49 to the west and the city's new police headquarters and fire station under construction to the east. The property is located within the 1-540 Overlay District and contains two parcels totaling 3.50 acres. Each parcel is currently developed with one single-family dwelling which Washington County records indicate were built in 1886 and 1966. Request: The applicant is requesting to rezone the subject property from R-A, Residential - Agricultural, to CS, Community Services. No development intent has been shared, though the applicant has stated that CS would be an appropriate zoning for the site given its proximity to I- 49 and the Meadow Valley Trail. Public Comment: Staff received no public comment regarding this request. Land Use Compatibility: Staff finds the proposed zoning of CS, Community Services, to be consistent with the surrounding land use pattern in the area. Land uses in the immediate vicinity are all residential or institutional in nature varying between single- and multi -family dwellings and public and private uses. The CS zoning district is primarily designed to provide convenience goods and personal services for nearby residential areas. A mixture of residential and commercial uses is permitted in the CS zoning district in a traditional urban form with buildings addressing the street. Uses permitted by -right under CS zoning include institutional uses, single- and multi -family Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 dwellings, small-scale retail, and professional offices, all of which could complement neighboring developments. Some heavy commercial and auto -oriented uses are allowed conditionally in CS which may not be compatible with the surrounding area or the city's long-range plans, though any conditional use would require additional review and approval by the Planning Commission. In terms of building form, rezoning the subject property to CS would allow for new development with reduced setbacks with buildings oriented closer to the street. Any new development would be required to improve pedestrian connectivity by extending the sidewalk along Porter Road to the south closer to the Meadow Valley trail to the north. Land Use Plan Analysis: In this instance, the proposed zoning is consistent with the property's City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area. The CS zoning district would allow for a mixture of residential and commercial uses that are intended to be urban in form and serve nearby neighborhoods. Staff finds that the current zoning of R-A offers limited development potential and rezoning to CS would allow for institutional, residential, or commercial development that is consistent with, and complementary to, the surrounding area. The property has a moderate infill score which indicates that the site is prepared to accommodate increased development, and the absence of any sensitive lands suggests that rezoning would have relatively minimal environmental impacts. A rezoning to CS could support goals one, three, and six of City Plan 2040 by encouraging infill near existing transit routes and providing an opportunity for increased supply and diversity of housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 4 and 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane St.) • Near Sewer Main (six-inch main, N. Stephen Carr Memorial Blvd.) • Near Water Main (two- and 12-inch main, N. Stephen Carr Memorial Blvd • Near Public School (Asbell Elementary School) • Near City Park (Friendship Park) • Near Paved Trail (Meadow Valley Trail) • Near Razorback Bus Stop (Route 33) DISCUSSION: At the March 28, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Canada seconded. Commissioners offered little comment, finding the request to be appropriate for this site. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-000012 Close Up View Neighborhood Link Freeway/Expressway Residential Link — — — Trail (Proposed) _ Design Overlay District 1 Planning Area 0 Fayetteville City Limits Eubanks r r � . r / � r r r, r % 09 r d CIO >> • Subject Property Mm Propos Feet 75 150 300 450 1:2,400 Q J � ,• Vm z w �—LL., a0 w 0 a •11 P-1 DEANE, Zoning Acres CS 3.5 Total 3.5 DEANE, Zoning Acres CS 3.5 Total 3.5 RZN-2022-000012 EXHIBIT `B' Address: 1909 N Stephen Carr Memorial Blvd Parcel #:765-13628-001 PT SE SE 0.93 TRACT 5 FURTHER DESCRIBED FROM 2014-6709 AS: A part of the Southeast Quarter (SE 1/4) of the Southeast Quarter (SE 1/4)of Section Six (6), Township Sixteen (16) North,Range Thirty (30) West, described as beginning at a point North 01' 26'44" East 1035.15 feet and North 88048 '28" West 15.00 feet of the southeast comer of said 40 acre tract thence South 01 ° 26'44" West 133.94 feet, thence North 830 04'03" West 350.13 feet to the Highway right-of-way, thence North 33000 '42" East 231.10 feet along. said right-of-way to a marker South 25045 '29" West 3.72 feet, thence South 94.04 feet, thence South 88048'28" East 226.78 feet to the point of beginning, containing 0.93 acres, more or less, Fayetteville, Washington County, Arkansas. Address: 1893 N Stephen Carr Memorial Blvd Parcel #:765-13628-000 PT SE SE 2.57 AC FURTHER DESCRIBED FROM 2022-3679 AS: Part of the Southeast Quarter of the Southeast Quarter Township 16 North, Range Thirty (30) West, being more particularly described as follows: commencing at the Southeast corner of said 40 acre tract, said point being an existing Arkansas State survey monument; thence North 01 degree 26 minutes 44 seconds East along the East line of said 40 acre tract 657.38 feet; thence North 87 degrees 33 minutes 46 seconds West 15.00 feet to an existing iron for the true point of beginning; thence North 87 degrees 33 minutes 46 seconds West 513.68 feet to an existing iron on the East right-of-way of Interstate #540; thence North 33 degrees 05 minutes 29 seconds East along said right-of-way 215.36 feet to an existing concrete right-of-way monument; thence North 33 degrees 00 minutes 42 seconds East along said right-of-way 99.50 feet to a set iron; thence leaving said right-of-way South 83 degrees 04 minutes 03 seconds East 350.13 feet to an existing railroad spike which is 15.00 feet West of the East boundary of said section; thence South 01 degree 26 minutes 44 seconds West 243.51 feet to the point of beginning, containing 2.57 acres, more or less. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: March 28, 2022 (Updated with results from 3/28 PC hearing) SUBJECT: RZN-2022-000012: Rezone (1893 & 1909 N. STEPHEN CARR BLVD./EUBANKS, 363): Submitted by SPECIALIZED REAL ESTATE GROUP, INC. for property located at 1893 & 1909 N. STEPHEN CARR BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 3.50 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2022-000012 to City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2022-000012 to City Council with a recommendation for approval." BACKGROUND: The subject property is located 200 feet north of the intersection of N. Porter Road and W. Deane Street on the west side of N. Stephen Carr Memorial Boulevard. The property is situated between 1-49 to the west and the city's new police headquarters and fire station under construction to the east. The property is located within the 1-540 Overlay District and contains two parcels totaling 3.50 acres. Each parcel is currently developed with one single-family dwelling which Washington County records indicate were built in 1886 and 1966. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Sin le -family Residential CS, Community Services South Church R-A, Residential -Agricultural East Police Headquarters/Fire Station #8 P-1, Institutional West 1-49 (State Right -of -Way) N/A Request: The request is to rezone the subject property from R-A, Residential -Agricultural, to CS, Community Services. The applicant has not shared a specific development intent, though they have stated that CS would be an appropriate zoning for the site given its proximity to 1-49 and the Meadow Valley Trail. Public Comment: Staff has not received any public comment regarding this request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along N. Stephen Carr Memorial Boulevard. N. Stephen Carr Memorial Boulevard is a partially improved Neighborhood Link street with asphalt paving and open ditches. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. Existing two-inch and 12-inch water mains are present along the west side of N. Stephen Carr Memorial Boulevard. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sanitary sewer main is present along the west side of N. Stephen Carr Memorial Boulevard. Fire: Station 8, located at 2266 W. Deane Street, protects this site. The property is located approximately 0.2 miles from the fire station with an anticipated drive time of approximately one minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies would be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not express any concerns with this request. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams or hydric soils are present on the subject property. Any improvements or requirements for drainage would be determined at the time of development. Tree Preservation: The proposed zoning district of CS, Community Services, requires 20% minimum canopy preservation. The current zoning district of R-A, Residential -Agricultural, requires 25% 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 Residential Neighborhood Area Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 4 and 7 for this site with a weighted score of 8 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane St.) • Near Sewer Main (six-inch main, N. Stephen Carr Memorial Blvd.) • Near Water Main (two- and 12-inch main, N. Stephen Carr Memorial Blvd • Near Public School (Asbell Elementary School) • Near City Park (Friendship Park) • Near Paved Trail (Meadow Valley Trail) • Near Razorback Bus Stop (Route 33) 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 proposed zoning of CS, Community Services, to be consistent with surrounding land use pattern in the area. Land uses in the immediate vicinity are all residential or institutional in nature varying between single- and multi -family dwellings and public and private uses. The CS zoning district is primarily designed to provide convenience goods and personal services for nearby residential areas. A mixture of residential and commercial uses is permitted in the CS zoning district in a traditional urban form with buildings addressing the street. Uses permitted by -right under CS zoning include institutional uses, single- and multi -family dwellings, small-scale retail, and professional offices; all of which could compliment neighboring developments. Some heavy commercial and auto -oriented uses are allowed conditionally in CS which may not be compatible with the surrounding area or the city's long-range plans, though any conditional use would require additional review and approval by the Planning Commission. In terms of building form, rezoning the subject property to CS would allow for new development with reduced setbacks with buildings oriented closer to the street. Any new development would be required to limit the visual impact of parking areas and improve pedestrian connectivity by extending the sidewalk along Porter Road to the south closer to the Meadow Valley trail to the north. Land Use Plan Analysis: In this instance, the proposed zoning is consistent with the property's City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area. The CS zoning district would allow for a mixture of residential and commercial uses that are intended to be urban in form and serve nearby neighborhoods. Staff finds that the current zoning of R-A offers limited development potential and rezoning to CS would allow for institutional, residential, or commercial development that is consistent with, and complimentary to, the surrounding area. The property has a moderate weighted infill score of eight which indicates that the site is prepared to accommodate increased development, and the absence of any sensitive land areas suggests that rezoning would have relatively minimal environmental impacts. A rezoning to CS could support goals one, three, and six of City Plan 2040 by encouraging infill near existing transit routes and providing an opportunity for increased supply and diversity of housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to CS. One of the parcels within the subject property is not meeting the lot area minimum of the underlying R-A zoning district, and most properties nearby, with the exception of the Arkansas Agricultural Research and Extension Center, are zoned to permit denser development. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS, which does not have a maximum density requirement, has the potential to increase traffic in the area. That said, the availability of existing infrastructure and proximity to alternative transit networks should limit any potential increase in traffic danger or congestion. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-A to CS has the potential to increase the population density in the area in a way that should not undesirably increase the load on public services. The property has adequate access to existing water and sanitary sewer mains and is close to a fire station and other public facilities, which suggests that rezoning will not strain existing services. 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; 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 forwarding RZN-2022-000012 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March 28, 2022 IMotion: Belden (Second: Canada I Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: O Tabled 0 Forwarded O Denied as recommended by staff. • Unified Development Code: o §161.03 —District R-A, Residential -Agricultural o §161.22 —Community Services • Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map §161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half '/2 (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. §161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping oods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services 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 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) 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 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. 02/15/2022 City of Fayetteville - Planning Department 113 W Mountain St Fayetteville, AR 72701 Subject: Request to Rezone 1893 & 1909 N Stephen Carr Memorial Blvd I am writing to request the rezoning of approximately 3.43 acres located at 1893 and 1909 N Stephen Carr Memorial Blvd. The two parcels are Parcel # 765-13628-000 (Approximately 2.57 acres) and Parcel # 765-13628-001 (Approximately 0.86 acres). The current zoning is Residential -Agriculture (R-A) and we are requesting to rezone to Community Services (CS). The two parcels directly to the north are currently zoned Community Services (CS). To the east is the new municipal services building where the new police station will be located, which is zoned Institutional (P-1). To the south is Hill City Church, which is currently zoned Residential - Agriculture (R-A). The property is bordered to the west by interstate 1-49. We feel that the request is compatible with surrounding parcels, and that the Community Services zoning designation would be the most appropriate zoning given the accessibility to 1-49 and the Meadow Valley Trail. Thank you for your consideration. Sincerely, Devin Britton Real Estate Coordinator Specialized Real Estate Group RZN-2022-000012 Eubanks One Mile View NORTH 0 0.13 0.25 0.5 Miles Ztm RSF-4 f C-1 / ♦ / , MOUNCOMFORT. ♦- - - - - - - /Z NC ! ��'> Q J /• m / Subject Property / / R-A W • %' CS %. 1✓ 1,' �i RMF-24 ( I LU LU •l - - ( RM 40 � i / I i C-2 i a z x-° I I zoning �I-2 General lntluatriel RESIDE NTIALSINGLE-FAMILY F�(TRACTION NS-G 11 ---- - RI - COMMERCIAL � 11I-12 ResltlentiaFOfice --- - ❑ r - �ResltleMlal-�dWlWal �G-2 RSF-.5 �C3 RSF-1 FORM BASED DISTRICTS RSF-2 Oownbwn Core RSF4 m. uman Tharoa9hraa Regional Link Planned Neighborhood Link RSF- ..in street Center Neighborhood Link Planned Residential Link r RSF-9 Gsxntown General RS�Gommuniry Services � Institutional Master Plan _ _Shared -Use Paved Tail RESIDENTIAL MULTI -FAMILY � Neighhorhooa services Freeway/Expressway — —Trail (Proposed) = Q RMF-S Ii� NeighborM1ootl Conservation r RMF-tz PLANNED ZONING DISTRICTS UnGassifed r Design Overlay District r- RMF-fa Ii� RMF-20 Commercial, Intl alder, Resltlentlal I u —Alley r . Fayetteville City Limits r r Planning Area I--- fir- -- � II�RMF-a0 INSTITUTIONAL P-t Residential Link r Planning Area r�--� NO Fayetteville City Limits _ - -- I-1 RearyCommealalanELighllndu- RZN-2022-000012 Close Up View Neighborhood Link Freeway/Expressway Residential Link — — — Trail (Proposed) _ Design Overlay District 1 Planning Area 0 Fayetteville City Limits Eubanks r r � . r / � r r r, r % 09 r d CIO >> • Subject Property Mm Propos Feet 75 150 300 450 1:2,400 Q J � ,• Vm z w �—LL., a0 w 0 a •11 P-1 DEANE, Zoning Acres CS 3.5 Total 3.5 DEANE, Zoning Acres CS 3.5 Total 3.5 RZN-2022-000012 Eubanks A& Current Land Use NORTH 1 9 . T, �IIIIIIIIIIIIIIIdIllll I I rr � p Undeveloped �w m W M ` Subject Property' , Commercial ® �o, , Institutional` i i DEANCST� , Multi -Family Residential W Ce T �� MERRILL Y^ tl Neighborhood Link FEMA Flood Hazard Data Freeway/Expressway Planned Neighborhood Link 100-Year Floodplain - - - Trail (Proposed) Feet Floodway Planning Area 0 105 210 420 630 840 - -� Fayetteville City Limits 1 inch = 290 feet _� Design Overlay District RZN-2022-000012 Future Land Use Eubanks w � � SA ITER-LN AL PENELOP�.L� !Industrial ' , 1 - Natural- - - ---- — -- — — i ------------------ WILDWOpO > / DR % `,„i•�' Subject Property POINT.WEST-Sp�;'/! ` / AV,` , ORTH I , h P ro5 � J ' Vm i I rz Q I a0 U I. W to Non-Municilbal E , , , GovernmeJ t K-658 RP i I � I / I % I ST Civic Institutifinal p Q, 0 All/ i I / Residential i / M 0 ' Neighborhood I ; r=rl 11 . �---------DEANESTTI�r---- W / I O�pR— o --SYCAMORE ST , Ali. ' A Q w O ' O F_ I m '4 A o O z Q. �w HOUSTON ST o w Ar HOUSTON-STT--a, j z U)l S J Regional Link City Neighborhood iiiiiil Neighborhood Link � Civic Institutional Institutional Master Plan Civic and Private Open Space � Freeway/Expressway — Residential Link Industrial E I Planned Neighborhood Link Feet Natural INNN Planned Residential Link Non -Municipal Government r ; planning Area 0 145 290 580 870 1,160 Residential Neighborhood _ F Fayetteville City Limits — — Trail (Proposed) 1 :4 800 Rural Residential _ _ Design Overlay District Urban Center City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0305 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq Agenda Number: C.2 File Type: Ordinance RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD I FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 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 C-2, Thoroughfare Commercial to CS, Community Services. 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 411312022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0305 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22ND ST in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 1, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22ND ST in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and 'B'. BACKGROUND: The subject property is in south Fayetteville at the northeast corner of the intersection of W. 22nd Street and S. School Avenue. Zoned C-2, Thoroughfare Commercial, the property contains 1.35 acres and is undeveloped. The property slopes upward to the east from S. School Avenue at an approximately 10% grade for approximately 50 feet, and then is generally flat. The property is at the southernmost boundary of the 71-B Master Plan area. Request: The request is to rezone the property to CS, Community Services from C-2, Thoroughfare Commercial. The applicant has not submitted any additional development plans, but has submitted a request to vacate a water/sewer easement that is currently on the property (VAC-2022-000006). Public Comment: Staff received no public comment regarding this request. Land Use Compatibility: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. To the east and north are residential uses of varying densities, to the west is commercial, and to the south is industrial. CS zoning has a form -based intent, which promotes walkable development patterns and higher standards for architectural design. The allowable building heights in CS is up to 5 stories, with a 10-foot setback from the front property line. The variety of surrounding land uses, lot sizes, and building types makes the request compatible. From a use perspective, the property's current zoning allows for high -intensity auto uses by -right, including drive-thru restaurants and gas stations, as well as auto repair and services. The property is also within the 71-B Master Plan area, which specifies an Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 intent to establish regulations that improve the compatibility of auto uses by implementing form - based standards to improve street definition and introduce opportunities for mixed -use development; staff finds this zoning district is in line with this intent. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request has the potential to meet goal #3, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by potentially introducing a variety of housing types in the area and help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #9, 2250 S. School Avenue) • Near Sewer Main (8" through the property, 8" along S. School Avenue) • Near Water Main (8" along S. School Avenue, 6" along W. 22nd Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch) • Near ORT Bus Stop (ORT Route 20) • Appropriate Future Land Use (City Neighborhood) • Near 71 B Corridor DISCUSSION: At the March 28, 2022 Planning Commission meeting, a unanimous vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Sparkman seconded. Commissioners offered little comment, finding the request to be appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-000013 Close Up View RESEARCH CENTER BLVD 1-1 CATO SPRINGS O 41 CIO I � Regional Link Neighborhood Link Graham House, LLC NONNAMAKER DR Subject Property EXHIBIT 'A' RZN-2022-000013 C-1 S7' RSF-4 �� P-1 �0 NORTH Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Shared -Use Paved Trail Trail (Proposed) Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 RMF-24 1-1 Heavy Commercial and Light Industrial C-1 C-2 Community Services P-1 RSF-4 �� P-1 �0 NORTH Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Shared -Use Paved Trail Trail (Proposed) Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 RMF-24 1-1 Heavy Commercial and Light Industrial C-1 C-2 Community Services P-1 EXHIBIT 'B' RZN-2022-000013 Part of the NW 1/4 of the NE 1/4 of Section 28, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit. Beginning at a point which is 436.96 feet West of the NE corner of said 40 acre tract, and running thence S I 1*30' W 186.4 feet, more or less, to the centerline of a 20 foot roadway; thence N 78°5' W with the centerline of said roadway to the centerline of U.S. Highway No. 71; thence N 12022' E with the centerline of said Highway 7.5 rods to the North line of said 40 acre tract; thence East 415 feet to the point of beginning, containing 1.35 acres, more or less. Subject to an casement over and upon the South 10 feet thereof for roadway purposes. LESS AND EXCEPT that portion thereof embraced within Highway No. 71. Subject to easements, rights -of -way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. CITY OF _' FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: March 28, 2022 (Updated with Planning Commission Results) SUBJECT: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22N1 ST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2022-000013 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000013 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville at the northeast corner of the intersection of W. 22nd Street and S. School Avenue. Zoned C-2, Thoroughfare Commercial, the property contains 1.35 acres and is undeveloped. The property slopes upward to the east from S. School Avenue at an approximately 10% grade for approximately 50 feet, and then is generally flat. The property is at the southernmost boundary of the 71-B Master Plan area. 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 CS, Community Services South Industrial/Commercial 1-1, Heavy Commercial and Light Industrial East Low -Density Residential RSF-4, Residential Single -Family, 4 Units per Acre West Commercial C-2, Thoroughfare Commercial Request: The request is to rezone the property to CS, Community Services from C-2, Thoroughfare Commercial. The applicant has not submitted any additional development plans, but has submitted a request to vacate a water/sewer easement that is currently on the property (VAC-2022-000006). Public Comment: Staff has not received any public comment on this item. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the west side of S. School Avenue. S. School Avenue is a partially improved Regional Link street with asphalt paving, curb, Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 1 of 15 gutter, and sidewalk. The subject area has frontage along the north side of W. 22nd Street, which is a partially improved Residential Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present along the east side of S. School Avenue. An existing 4-inch water main is present along the north side of W. 22nd Street. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along the west side of S. School Avenue. An existing 8-inch sanitary sewer main is present inside the subject property. An existing 6-inch sanitary sewer main is present along the north side of W. 22nd Street. 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 9, located at 2250 S School Ave., protects this site. The property is located approximately 0.1 miles from the fire station with an anticipated drive time of approximately 1 minutes using existing streets. The anticipated response time would be approximately 3.2 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. 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 site is located within a FEMA floodplain, there are no hydric soils on site, and there is not a protected stream on the site. The property is not located within the Hillside -Hilltop Overlay District. Tree Preservation: The proposed zoning district of C-2, Thoroughfare Commercial requires 15% minimum canopy preservation. The requested zoning districts of CS, Community Services, 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 score of 8 for this site, with a weighted score of 9.5. The following elements of the matrix contribute to the score: Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 2 of 15 • Adequate Fire Response (Station #9, 2250 S. School Avenue) • Near Sewer Main (8" through the property, 8" along S. School Avenue) • Near Water Main (8" along S. School Avenue, 6" along W. 2211 Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch) • Near ORT Bus Stop (ORT Route 20) • Appropriate Future Land Use (City Neighborhood) • Near 71 B Corridor 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: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. To the east and north are residential uses of varying densities, to the west is commercial, and to the south is industrial. CS zoning has a form -based intent, which promotes walkable development patterns and higher standards for architectural design. The allowable building heights in CS is up to 5 stories, with a 10-foot setback from the front property line. The variety of surrounding land uses, lot sizes, and building types makes the request compatible. From a use perspective, the property's current zoning allows for high -intensity auto uses by -right, including drive-thru restaurants and gas stations, as well as auto repair and services. The property is also within the 71-B Master Plan area, which specifies an intent to establish regulations that improve the compatibility of auto uses by implementing form -based standards to improve street definition and introduce opportunities for mixed -use development; staff finds this zoning district is in line with this intent. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request has the potential to meet goal #3, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by potentially introducing a variety of housing types in the area, and help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from C-2 to CS is justified to bring the area into agreement with the "City Neighborhood" designation at this site, which would allow a mix of residential and non-residential uses by right and lead to a more compact, Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 3 of 15 complete, and connected neighborhood in this area, as opposed to the current zoning which is strictly commercial. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from C-2 to CS as the applicant is requesting does have the potential to increase traffic at this site. However, given the property's frontage along S. School Avenue, a north -south Regional Link street and close proximity to transit, staff does not find that the request would increase traffic to a dangerous degree. The site has access to an Ozark Regional Transit line, which helps contribute to meeting the City's goal #4 of growing a livable transportation network. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from C-2 to CS as the applicant is requesting could alter the population density in the area, given that residential uses are not currently permitted under C-2 zoning. However, given the existing access to utilities and services, staff finds that increased density in this location would take advantage of those existing services and would not negatively impact those existing services. The Fayetteville Public School system did not comment on the request. 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 approval of RZN-2022-000013. (PLANNING COMMISSION ACTION: Required YES Date: March 28, 2022 Motion: Belden (Second: Sparkman Vote: 8-0-0 O Tabled !;� Forwarded Recommending approval O Denied Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 4 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.22 Community Services o §161.23 District C-2, Thoroughfare Commercial • Applicant Request Letter • Applicant Site Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 5 of 15 Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) 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 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21) 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. Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 6 of 15 (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 Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 7 of 15 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) Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 8 of 15 flintlock February 14, 2022 ARCHITECTURE &LANDSCAPE PETITION TO CHANGE ZONING TO: The Fayetteville City Planning Commission & The Fayetteville City Council Flintlock Ltd Co on behalf of Graham House, LLC requests that the zoning designation of the following lot (parcels 765- 15344-000) be changed from C-2, Thoroughfare Commercial to CS, Community Services: • 2100 S School Ave, parcel 765-15344-000 REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED: The zoning change request will allow for residential development of the property in a form -based pattern in line with both the City's 2040 goals and its 71-13 Corridor Plan. CS is a less intensive zone than C-2. More importantly, it offers the opportunity to bring residents back into the arterial fabric of Fayetteville's primary transportation corridor. This rezoning would also support the "Corridor Urbanism" ethos of the 71-13 Corridor Plan by increasing the number of people living in and immediately around the corridor and the plan's aims to "increase affordable housing ... and create an attractive front door to Fayetteville's downtown and adjacent neighborhoods." Sitting directly across from Cato Spring's outlet onto 71-13, this property offers to potential to anchor the City's Future Land Use aspiration of City Neighborhood for the area through a walkable residential development. This rezoning would also match the zoning of the properties to the north and aligns with the 71-13 Corridor Plan that calls for substantial residential development and helps to realize the City Plan's overarching goals to grow a livable transportation network and create opportunities for attainable housing. IMPACT ON NEIGHBORS & CITY: The requested zoning change will not negatively impact the surrounding properties in terms of land use, traffic, appearance, and signage. It should in fact positively impact businesses in adjacent zones by offering proximity housing for employees and more customers through walkable pedestrian retail. The adjoining properties are CS and RSF-4, so this less intensive zoning will remove several undesirable use units from proximity to single family zones while matching the adjacent CS zoning. CONSISTENT WITH LAND USE PLANS: It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the surrounding area. The Future Land Use Map calls out this property as City Neighborhood, and thriving neighborhoods need people not only working there but also living there to make them alive. This rezoning will allow the property to be developed with mixed use in mind, directly in line with the City's 2040 goal to "make traditional town form the standard: with neighborhoods that include not just houses, but a mix of uses that can adapt over time and allow residents to live, work, and play without relying on vehicles." Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 9 of 15 CURRENT ZONING 1� C-1 W Research Center Blvd 2002 - - --- -- --- 364 328 318 3{ Q� 111 o° CS 308 � 1 1 304 C-2 300 t Hq Nonnamaker Dr 2087 j �� I� 2050 — --241 247 265 279 283 I - - 289 440 2099 293 W Cato gprlh9s Rd 2201 330 336 318 2215 290 2227 I-1 341 W zzNd St 2235 275 a Q 2230 2237 O 325 RSF-4 0 r u P-1 City of Fayetteville, AR 2/14/2022, 3:16:04 PM 1:2,257 0 0.0175 0.035 0.07 mi Zoning RSF-8 RMF-24 C-2 NS-L R-A RSF-18 RMF-40 C-3 NS-G 0 0.03 0.06 0.12 km RSF-.5 RI-12 1-1 DC NC RSF-1 RI-U I-2 UT PZD The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. RSF-2 Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the RMF-6 E-1 MSC P-1 user; and by acceptance of this data, the user does hereby agree to Indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any RSF-4 claims, actions, cost for damages of any nature, including the city's cost of defense, asserted RMF-12 R-O DG by user or by another arising from the use of this data. The City of Fa�a l� e�mmission express or implied warrantees with reference to the data. No word, phrase, or cla s found RSF-7 RMF-18 C-1 CS herein shall be construed to waive thattort immunity set forth under Arkansas law. arch 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 10 of 15 FUTURE LAND USE 2/14/2022, 3:57:27 PM 1:2,257 0 0.0175 0.035 0.07 mi Master Plan Area Industrial 71 B Corridor Plan 0 0.03 0.06 0.12 km Natural F1Complete Neighborhood Plan Non -Municipal Government Future Land Use The data contained herein was compiled from various sources for the sole use and benefit of (2040) Residential Neighborhood the City of Fayetteville Geographic Information system and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the City Neighborhood user; and by acceptance of this data, the user does hereby agree to Indemnify the City of Rural Residential Fayetteville and hold the City of Fayetteville harmless from and without liability for any Civic Institutional claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fa 'e cIna Urban Center express or implied warrantees with reference to the data. No word, phrase,or fou�ndmmlSSlOn Civic and Private Open Space herein shall be construed to waive that tort immunity set forth under Arkansas law. Il/I arch 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 11 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 12 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 13 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 14 of 15 RZN-2022-000013 Future Land Use 1 1 1 1 1 1 1 1 1 1 1 Nbn-Municipal Povernment I Graham House, LLC I Q DISCOVERY I z Z. WAY w ; ; a0 1 > J a I Z I CATO SPRINGS w RI) a z a w w o a> v �-SELLE DR I w LAURA L E E ST Industrial Regional Link Neighborhood Link Planning Area �- - - Fayetteville City Limits Trail (Proposed) Natural IV 24TH- Feet 0 145 290 580 ■ 870 1,160 1 inch = 400 feet NORTH 9TH ST g�W-DR Q. Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood L Rural Residential Urban Center ' A4Q6&IR-28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 15 of 15 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0253 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 VAC-2022-005 (WEST FOXGLOVE DRJADVENTURE SUBARU): AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND UTILITY EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of an access and utility easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of a general access and utility easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Prior to easement vacation, new waterline must be reviewed and approved by City Engineering, the new waterline shall be constructed, accepted, and new easement dedicated. After such construction and dedication, the existing waterline can be abandoned and this easement is vacated. 2. Any damage or relocation of existing facilities will be at the applicant's expense. City of Fayetteville, Arkansas Page 1 Printed on 411312022 City of Fayetteville Staff Review Form 2022-0253 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/1/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-000005: Vacation (WEST FOXGLOVE DR./ADVENTURE SUBARU, 286): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at W. FOXGLOVE DR. in WARD 2. The properties are zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.38 acres. The request is to vacate a portion of a general access and utility easement that contains approximately 0.15 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: April 1, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-000005: Vacation (WEST FOXGLOVE DRJADVENTURE SUBARU, 286): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at W. FOXGLOVE DR. in WARD 2. The properties are zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.38 acres. The request is to vacate a portion of a general access and utility easement that contains approximately 0.15 acres. RECOMMENDATION: Staff recommends approval of VAC-2022-000005 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Prior to easement vacation, new waterline must be reviewed and approved by City Engineering, the new waterline shall be constructed, accepted, and new easement dedicated. At that time existing waterline can be abandoned and this easement vacated. 2. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is in northwest Fayetteville, roughly'/2 mile southwest of the Highway 112 and Interstate 49 interchange. The property is a part of the Springwoods CPZD and encompasses two parcels totaling approximately 4.38 acres. Originally platted as Lot 1 of the Springwoods PZD, the subject property now represents Lots 3 and 4 for the Meadow Field Commercial Subdivision (FPL 06-2082). At the March 14, 2022 Planning Commission a large scale development (LSD- 2022-000003) was approved for the development of a 15,826-square foot automotive dealership service center and associated parking. Request: The applicant proposes to vacate a portion of an existing access and utility easement as indicated in the attached exhibits and totaling approximately 0.15 acres. DISCUSSION: The applicant submitted the providers with no objections staff recommends approval. required approvals from the public and private utility and service With submittal of the required vacation forms and utility consent, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-000005 Vacation Close Up View i i i Ox i� Q�v i i QJ� FOX61LOVE DR \ Subject Property i i i i i i i FA JUSTIN•DR o DIANI LN . • •• NORTH Neighborhood Link Freeway/Expressway Residential Link Planning Area Feet Commercial, Industrial, Residential Fayetteville City Limits - - - Shared -Use Paved Trail 0 75 150 300 450 600 _ _ _ 1:2,400 Design Overlay District J O R G E N S E N 124 W Sunbridge Drive, Suite 5 . Fayetteville, AR 72703 2.9127 +ASSOCIATES Office: rgens nasso www.jorgensenassoc.com v Civil Engineering Surveying Established 1985 ACCESS & UTILITY EASEMENTS LEGAL DESCRIPTIONS: 20 FOOT WIDE UTILITY EASEMENT TO BE VACATED: A 20 FOOT WIDE UTILITY EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02001'43"W 289.80 FEET AND S89012'03"E 40.01 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N02001'43"E 10.00 FEET; THENCE S89012'03"E 187.74 FEET; THENCE S02003'34"W 20.00 FEET; THENCE N89012'03"W 187.72 FEET; THENCE N02001'43"E 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3,755 SQUARE FEET, OR 0.09 ACRES, MORE OR LESS. 28 FOOT BY 100 FOOT ACCESS EASEMENT TO BE VACATED: A 28 FOOT BY 100 FOOT ACCESS EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02001'43"W 289.80 FEET AND S89012'03"E 227.74 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N02003'34"E 14.01 FEET; THENCE S89012'09"E 81.68 FEET; THENCE ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 38001'10", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N71 °47'11 "E 19.54 FEET TO THE WESTERN RIGHT OF WAY OF WEST FOXGLOVE DRIVE, AND RUNNING ALONG SAID RIGHT OF WAY S02002'42"W 41.59 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 40033'48", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N68055'31 "W 20.80 FEET; THENCE N89012'09"W 80.36 FEET; THENCE N02003'34"E 14.01 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 2,883 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. J O R G E N S E N 124 W Sunbridge Drive, Suite 5 . Fayetteville, AR 72703 2.9127 +ASSOCIATES Office: rgens nasso www.jorgensenassoc.com v Civil Engineering Surveying Established 1985 TO: The Fayetteville City Planning Commission and The Fayetteville City Council The purpose and intent of this Utility & Access easement vacation is to help in a separate phase of this project, which is a lot combination. The owners and developers of Parcels #765-25748-000 & #765-25747-000 (Lots 3 & 4, Meadow Field Commercial Subdivision) wish to join the two lots and develop them as one. Vacating the utility easement and the access easement running along the shared line of these two lots would allow the lot to be developed in a way more consistent with the surrounding properties. ♦� JORGENSEN 'ASSOCIATES 124 W Sunbridge Drive. Suite 5 Fayetteville, AR 72703 Office 479.442.9127 Established 1985 PETITION TO VACATE AN ACCESS EASEMENT AND A UTILITY EASEMENT LOCATED IN LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION CITY OF FAYETTEVILLE, ARKANSAS TO: The Fayetteville City Planning Commission and The Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the easements hereinafter sought to be abandoned and vacated, lying in Lots 3 & 4, Meadow Field Commercial Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: 28 FOOT BY 100 FOOT ACCESS EASEMENT TO BE VACATED: A 28 FOOT BY 100 FOOT ACCESS EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE 40023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 41, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02'01'43"W 289.80 FEET AND S89'12'03"E 227.74 FEEFTO THE POINT OF BEGINNING, AND RUNNING THENCE NO2"03'34"E 14.01 FEET; THENCE S89'12'D9"E 81.68 FEET; THENCE ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 38'O1'10", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N71-47'11"E 19.54 FEETTO THE WESTERN RIGHT OF WAY OF WEST FOXGLOVE DRIVE, AND RUNNING ALONG SAID RIGHT OF WAY S02-02'42"W 41.59 FEET; THENCE LEAVING SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 40-33-48", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N68'55'31"W 20.80 FEET; THENCE N89'12'09"W 80.36 FEET; THENCE NO2'03'34"E 14.01 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 2,883 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS. 20 FOOT WIDE UTILITY EASEMENT TO BE VACATED: A 20 FOOT WIDE UTILITY EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE 40023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 111, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02-01'43"W 289.80 FEET AND S89'12'03"E 40.01 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE NO2'O1'43"E 10.00 FEET; THENCE S89'12'03"E 187.74 FEET; THENCE S02°03'34"W 20.00 FEET; THENCE N89'12'03"W 187.72 FEET; THENCE NO2'OV43"E 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3,755 SQUARE FEET, OR 0.09 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the easements are Lots 3 & 4, Meadow Field Commercial Subdivision, City of Fayetteville used by the public for a period of many years, and that the public interest and welfare would not be adversely affected by the abandonment of the portion of the above described easement. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements and sewer easements as required, and that the above described real estate be used for their respective benefit and purpose as now approved by law. The petitioners further pray that the above described real estate be vested in the abutting property owners as provided by law. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law, and as to that particular land the owners be free from the easements of the public for the use of said alley. ti Datedthis�� day of tG yy. 20AA pi� JT n b o Printed Name Signature I � I NNCon"r Lm1 Meadow HeltlC mm SBAtlinalon vameoozaaomo2sa F—e ve cappN xanm Pis x1 zz7 coimaeeommvv mdcaa Parcels ammcommeaoamem i vasememvmarm�e , t oew® um SR'Gapw PebarP15 #122] yn aater56ea[Plan = FreeweyiE-m�.,..ey VICINITY MAP FAYETTEVILLE, AR Wf. 5 SITE N W E S GRAPHIC SCALE f 1x r�r I CityClerk From: Norton, Susan Sent: Monday, April 4, 2022 8:18 AM To: CityClerk Subject: Fwd: Approval Tracking - Disapproval Notice To Approvers Categories: FYI Please approve this item. Sent from my Whone Begin forwarded message: From: "Curth, Jonathan" <jcurth@fayetteville-ar.gov> Date: April 4, 2022 at 8:14:52 AM CDT To: "Norton, Susan" <snorton@fayetteville-ar.gov> Subject: FW: Approval Tracking - Disapproval Notice To Approvers Susan, I received a Disapproval notice from the Clerk for item 2022-0253 in Legistar due to tardiness. This one is purely my fault, I'm sorry. It was submitted and ready to go Friday, but I missed the "Approve" final step after reviewing the draft. It is an easement vacation for the next phase of Adventure Subaru to begin, and allowing it to move forward will help observe the project's timeline. The utilities have consented and we are recommending approval. I would appreciate if you can ask the Clerk to let this one be placed on the agenda for the 4/19 meeting. Please let me know if you have questions or need details, and apologies for the issue so early on a Monday. Thanks, Jonathan Curth, AICP Development Services Director Development Services Department City of Fayetteville, Arkansas jcurth@fayetteville-ar.gov 479.575.8308 Website I Facebook I Twitter I Youtube City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0301 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA VAC-2022-008 (NW OF 481 S. SCHOOL AVENUEIMILL DISTRICT LLQ: AN ORDINANCE TO APPROVE VAC 22-008 FOR PROPERTY LOCATED NORTHWEST OF 481 SOUTH SCHOOL AVENUE IN WARD 2 TO VACATE A PORTION OF AN ACCESS AND PARKING EASEMENT WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of an access and parking easement is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates the portion of an access and parking easement as described in Exhibit B attached to the Planning Department's agenda memo. Section 2: A copy of this Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Department's memo shall be filed in the office of the Washington County Circuit Clerk. Section 3: This vacation approval is subject to the condition that any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer's expense. City of Fayetteville, Arkansas Page 1 Printed on 411312022 City of Fayetteville Staff Review Form 2022-0301 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/1/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0008: Vacation (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC, 523): Submitted by KALIE LUNT for properties located NW OF 481 S. SCHOOL AVENUE in WARD 2. The properties are zoned MSC, MAIN STREET CENTER and contain approximately 0.11 acres. The request is to vacate an access and parking easement that contains approximately 0.07 acres. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: April 1, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0008: Vacation (NW OF 481 S. SCHOOL AVENUE/MILL DISTRICT LLC, 523): Submitted by KALIE LUNT for properties located NW OF 481 S. SCHOOL AVENUE in WARD 2. The properties are zoned MSC, MAIN STREET CENTER and contain approximately 0.11 acres. The request is to vacate an access and parking easement that contains approximately 0.07 acres. RECOMMENDATION: Staff recommends approval of VAC-2022-0008 as shown in the attached Exhibits'A' and'B', and with the following condition of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is in south Fayetteville, roughly 350 feet west of the intersection of W. Prairie Street and S. School Avenue. The property is zoned MSC, Main Street Center and encompasses approximately 0.11 acres. The subject area is currently occupied by a gravel parking lot adjacent to the Frisco Trail, a mixed -use structure, and Arsaga's at the Mill. Request: The applicant proposes to vacate an access and parking easement as indicated in the attached exhibits and totaling approximately 0.07 acres. DISCUSSION: The applicant submitted the required approvals from the adjoining property owner with no objections. In their request letter the applicant states the original intent of the easement was to create an access point from W. Prairie Street to the Mill District property and extend a parking lot for the building at 495 W. Prairie Street. The applicant says the easement is no longer needed given the current development and that they would like to build another structure on the site occupied by the easement. With submittal of the required vacation and consent forms, staff recommends approval. Mailing Address: 113 W. Mountain street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-0008 Close Up View w Q O 0 RSF-4 W tW 0 GN/VERSITY,AVE I-1 Mill District LLC Subject Property R-O m7k". 6. . PRAIRIES I ; LU I I I � I � DG W � Z Q ,` w w ' z • x O w O O . MARTIN LUTHER >-, Frisco KING JR BLVD�� 0 W Trail • > 00001ar-- W Q O, Z V, a ' J � • • Neighborhood Link Regional Link - High Activity Urban Center Alley Residential Link _ Fayetteville City Limits Shared -Use Paved Trail — — Trail (Proposed) — Design Overlay District Feet 0 75 150 300 1:2,400 450 Cn 0 x O O VELL BLVD� 5TH RSF-4 RSF-7 RI-U RMF-40 1-1 Heavy Commercial and Light Industrial Residential -Office . C-2 Main Street Center 600 Downtown General P-1 Mill District LLC 501 W Prairie St. ACCESS & PARKING EASEMENT TO BE VACATED DESCRIPTION: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87018'24"W 182.30' AND N13042'47"W 10.92, FROM THE NORTHEAST CORNER OF LOT 21 IN BLOCK 14 OF FERGUSON'S ADDITION TO THE CITY OF FAYETTEVILLE, AND RUNNING THENCE N87014'51"W 15.32', THENCE N42°14'51"W 8.93', THENCE N47°45'09"E 11.90', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2.50' FOR A CHORD BEARING AND DISTANCE OF N05011'20"W 3.99', THENCE N87°08'27"W 3.84', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.27' FOR A CHORD BEARING AND DISTANCE OF S51 °29'27"W 6.97', THENCE S02051'37"W 13.161, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15.00' FOR A CHORD BEARING AND DISTANCE OF S37041'10"E 19.50', THENCE S02045'09"W 1.50', THENCE S76024'34"W 41.25', THENCE N13039'44"W 1.50', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.50' FOR A CHORD BEARING AND DISTANCE OF N28029'50"E 7.01', THENCE N11°05'20"W 4.06', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.50' FOR A CHORD BEARING AND DISTANCE OF N51 °51'45"W 6.36', THENCE N87010'39"W 19.13', THENCE N02038'13"E 35.96', THENCE S87°08'27"E 9.11', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.50' FOR A CHORD BEARING AND DISTANCE OF N52°20'08"E 7.15', THENCE N02051'33"E 4.95', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.50' FOR A CHORD BEARING AND DISTANCE OF N03032'16"W 5.68' TO THE SOUTH RIGHT-OF-WAY OF WEST PRAIRIE STREET, THENCE ALONG SAID RIGHT-OF-WAY S87014'07"E 26.36', THENCE LEAVING SAID RIGHT-OF-WAY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 10.50' FOR A CHORD BEARING AND DISTANCE OF S47°36'28"E 13.40', THENCE S87016'13"E 12.771 , THENCE S13042'47"E 32.34' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. March 10, 2022 REQUEST TO VACATE A PARKING AND ACCESS EASEMENT LOCATED IN THE: FERGUSON RGUSON ADDITION SUBDIVISION, CITY OF FAYETTEVILLE,ARKANSAS Dear Planning Commission and City Councilors, We are seeking the Commission's approval of the vacation of a public easement located at our property at 501 W. Prairie Street. The original parking and access easement agreement was entered into in 2007 by Mill District LLC, Milver Investments LLC, and Paxton -Box LLC. It was the original intention of the parties to A. create an access from Prairie St into the Mill District property and to B. extend a parking lot planned for the property now occupied by the building at 495 W. Prairie. By agreement at the time, the former owner of the property at 495 W. Prairie - Milver Investments LLC - was to complete the development of the easement, and bear the expenses incurred. As it happened, the parking lot was never developed by Milver Investments, and the subsequent (and current) owner of the lot at 495 W. Prairie, PrairieMonkeys LLC, constructed a building upon the site of the proposed parking lot. As a result, the previously dedicated and accepted easement is no longer relevant. As you'll note, PrairieMonkeys LLC has signed a consent form agreeing to the vacation of the easement. Additionally, Mill District LLC no longer seeks a connection to Prairie St. Its intent is to construct a new building on the present site of the easement described above. There would be no public interest that would be adversely affected by the abandonment of this easement. We respectfully ask that the City of Fayetteville abandon and vacate the above described easement and that the land owners be free from said access and parking easement. We thank you in advance for giving this matter your consideration. fa wt �a(/ r' Ole•va p4_61 -7 y.0, Printed Name 14 , f I? f � f 1" O �— L . PETITION TO VACATE A PARKING AND ACCESS FAgEMBNT LOCATED WrMIlX Tilt FORMER SANTA FE RR RIGHT OF INAV AND ASUTi'ING LOT 21 OF THE fERGUSON ADDITION SUBDIVISION, CITE' OF FAVETFEVILLE, ARKANSAS TO. The Fayetteville City Planning Commission and The Fayetteville City Council We. the undersigned, being all the owners of the rral estate abutting the parking and access ealletttenl hereinafter fought to be al+andolled and vacated (Lot: Former Santa Fe RR Right of Way, Block: Abutting 21. Subdivision: Ferguson Addition). City of Fayetteville, Arkansas, a municipal corporation. petition to vacate a parking and access easement which is described as follows: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 U/EST. WASHINGTON COUNTY. ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N67'15'24"W 162.30' AND N 13.42'47W 10.92' FROM THE NORTHEAST CORNER OF LOT 21 IN BLOCK 14 OF FERGUSON S ADOITION TO THE CITY OF FAYETTEVILLE. AND RUNNING THENCE N07'14-SM 15.3Y, THENCE N42'14'51'W 8.93'. THENCE N47'45'09'E 11AO', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2.50' FOR A CHORD BEARING AND DISTANCE OF NOV1170-W 3.09'. THENCE NST'06'27'W 3.04', THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.27' FOR A CHORD BEARWG AND DISTANCE OF S51'29'27'W 69r. THENCE S02'S1'3YW 13AV. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 15-W FOR A CHORA BEARING AND DISTANCE OF S3704110'E 19.50', THENCE S02.45'09'W 1.50'. THENCE S76124 34'W 41.25'. THENCE N 13.39'44'W I.W. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5,50, FOR A CHORD BEARING AND DISTANCE OF N2a'29 50"E 7.01'. THENCE N11'O5'20'W 4.OG, THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.50' FOR A CHORD BEARING AND DISTANCE OF N51'SV45'W 6 36', THENCE N07'10'3M 19.13', THENCE NO2'36't3'E 35-W. THENCE 967.08'27"E 911'. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 5.W FOR A CHORD BEARING AND DISTANCE OF N52'20'06'E 7.15% THENCE NO2'5l'33"E 4-95. THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.50' FOR A CHORD BEARING AND DISTANCE OF NO3.32'16'W 5.66' TO THE SOUTH RIGHTOF-WAY OF WESTPRAtRIE STREET, THENCE ALONG SAID RIGHT43F-WAY 567.14'O7'E 24,3E', THENCE LEAVING SAID RIGHT.OFAVAY ALONG A CURVE TO THE LEFT NAVINO A RADIUS OF 10.50' FOR A CHORD BEARING AND DISTANCE OF S47'30'2t1'E 13.40', THENCE S67.1613 E 12.77, THENCE S13.42'47'E 3,7.34' TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas, abandon and vacate the above described parking and access easement. This access easement is no longer relevant, with the property not developed as envisioned under the casement.. No utilities are correlated with this casement and no public interea t and welfare would be advcmely affected by this request. Dated this ? day f '�G 4 , 20 2--2- Mil i5 act C meted Name Sagnaturc,Title Am mall racrnonkrys. Ptinte Name Sign re. Title BOUNDARY & PARTIAL TOPOGRAPHIC SURVEY OP H LINE TABLE LINE BEARING DISTANCE t�T¢a--ofl��N L. 302°28W 12R —S---s— — — —SI s s s 5 TREE LIST: Ixst.w S S—S—B—S—S—S—S—S—S—S—B—B-5—s-5—S—S-5-5-5� 1)6"ELM 10"SEW'LR-APPROX. — — — fi"SEWER-APPROX.LOC.—S—S—S— I)I5 ELM �\ I WEST PRAIRIC STREET (URBAN CENTER) = 6" E M I 29 ASPHALT - 39' MIN R/W /63' MAX RhV PER M.S.P. I 4) 4" ELM CL—\� `. 63'MAXRMSHOWN ianxa -- a" e M o \11 \ J I u C/L C w— w 6) 24 MULBERRY — — — — — — — Ix6T�s _ \ L 6) R. BRADFORD 8) R." MULBERRY 9) ELM CLUSTER \ ®60DNAIL�S� - S—S_-5— — �— ELEV.1267.01' 11x. _Ix[,i'zv} / URN, S IN ELMLUSTER 13)11 RELMUD EXISTING R/PJ �_y _ ` C2 r (3.— M — �I) (}S 87°I4'07"H T� ,) �) S s s c7sa — — S — s Ibis x�'T — 58 S SWEAS APPROX SOC S — S s S 14) 10" REDBUD IS)2"CATALPA MSP. R/W— \ 4 6089 — -- - APHI005 — vP MOP—Ov —OIR—OP EXISTINGR/W--__ s —s s—s s — OP— �S 87°I656"E T 3 —s s—rsl IM4'PHJE TOTAL ACREAGE 7>(a) M.S.P R/W Ix7 _ — 18914 _ — — _ — _ _ _ � TRACT C (PER 2018-30272)\\ I� e < / czi 374 \ \ — DEPER23A113 — _°P �—�- —'^ L cAPaloos 4910.41 SO. FT. A�$ / �) labs® —x N — " — — — _ I 8 I 0.11 ACRES x — x Ix4,>r /' kxk�11 zP °xn _� 91" 25 E.TZ �. K FFE=1267.85' PARCEL b765-05508-000 (NOTAPARTOFTHISSURVEY) k o I g/ x EXISTING ACCESS K�� ` \ 9r' so EXISTING BUILDING ¢ I ry PARKING ESMNT \ %DECK PB12 23A 313 bq FEE 1267.85'' x =e 1 �R \60D as F r yI� NAIL 1Rxxbzss� ELEV.=1263So' _ — _ — _ — )q Cj 10 NIA c 1, BBB .o'er ; TRASURVEY \\�— N8 °1R'24 w IBz.3o' _ _ — _ — _ — CAELQ"Eox gr '-5 �'s"A- I` PER 2018 ffi�xca.xa FIELD WORK IUNE 14, 2020 BASIS OF BEARING I \I CPS OBSERVATION - AR NORTH ZONE BASIS OF ELEVATION: \\1 CITY OF FAYETTEVILLE GPS MONUMENT GI (NAVD 88 VERTICAL DATUM) CONTOURINTERVAL: 1/2 FOOT Imo' .re REFERENCE DOCUMENTS: �\ 1) PLAT OF SURVEY PILED IN \ BOOK 2018 AT PAGE 30273 2) PLAT OF SURVEY FREED IN BOOK 17 AT PAGE 17 3) PLAT OF SURVEY FILED IN BOOK 23AATPAGE313 4) FINAL PLAT OF FERGUSONS ADDITION �ss9.e PILED BOOK4 AT PAGE 5) WARRANTY DEED FILED IN BOOK 99 AT PAGE 37881 PROPERTY ZONED: MSC BUILDING SETBACKS: FRONT 2511(BUILD-TO-ZONE) SIDE OOB REAR 05R EAR 12R(FROM THE C/L OF AN ALLEY) \ \\ , 1 c NTIImz.26 Y\ V^ta6aL4 , \ 12H 6S �\ AWIJBVG EXISTING \ \ GRAVEL IF s BUILDING \ 1R�xb3be \\ 4.74 �x64n N 8 L_j o \� �� �� LONC WALL _�Ix041' oa s'F 60D NAIL® h° L zbx.Br �PPR FC.P _ 13 ELEV.=1263.44' TT (a'C zp ASPHALT 0' 20' 40' 60' SURVEY DESCRIPTION TRACT C PER SURVEY 2018-30273): A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR WHICH IS N87-18-2a"W 182.30' FROM THE NORTHEAST CORNER OF LOT 21 IN BLOCK 14 OF FERGUSON'S ADDITION TOME CITY OF FAYETTEVILLE, AND RUNNING THENCE S02°28'1WW 12.96' TO AN EXISTING REBAR, THENCE SRV29'38"W 76.81', THENCE NO2°38'13"E 76.68' TO AN EXISTING REBAR ON THE SOOTH RIGHT-OF-WAY OF WEST PRAIRIE STREET, THENCE ALONG SAID RIGHT-OF-WAY S87-14'07'E 60.89' TO AN EXISTING REBAR, I HENCE LEAVING SAID RIGHT-OF-WAY SLY4217"E 52.16' TO THE POINT OF BEGINNING, CONTAINING 0.11 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. rvoT THEE LOCATION OF UTILITIES SHOWN HEREON ARE FROM OBSERVED EVIDENCE OF ABOVE GROUND APPURTENANCES. NEED TO BE LINES APPEARING ONTHISPLAT AS WELL AS THOSE THAT MAY EXIST UNDERGROUND NEEDS B EXIST THAT PRIOR TO SHOWN ON TYPE OF PLAT. EXCAVATION OR DESIGN. SOME UTILITY LINES MAY ALSO EXIST THAT WERE NOT SHOWN ON THIS PLAT. 2) THE TREE SPECIES LISTED ON THIS PLAT WERE DETERMINED TO THE BEST OF OUR KNOWLEDGE AND ABILITY. SOME TREES ON THIS PLAT MAY NOT BE THE EXACT SPECIES LISTED. PLEASE CONSULT A LICENSED ARBORIST IF EXACT TREE SPECIES AM NEEDED. FLOOD CERTIFICATION: NO PORTION OF THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE "A" OR "AE" AS DETERMINEDBYTHENATIONALFLOODINSUXANCEPROGRAMFLOOD INSURANCE RATE MAP FOR WASHINGTON COUNTY, ARKANSAS. (FIRM PANEL RB5143CO220F. DATED 05/ I6/ 2008) GRAPHIC SCALE ON FEET) I Inch=206. STATE RECORDING NUMBER: 500-16N-30 W O 16-230-72-1642 REF HIS ON ETHISYTHER 11 'ABF11 TO BDDAY OF NE,TRUE 2D20BE IECORRECT "'1STER��,' STATE OF'• ' ARKANSAS GRAVID` TTHENNITE SHOULD BE ASSUMED AND HOT BLUE NAN THIS PIA MAY BEAR AN ORIGIN& SEAL AND SIGN —RE, POC I LOT BLOCK 14 UN R: � � I I VICINITY " 30'CANGRY 31, CANOPY 30'CANOPY Z 20'CANOPY V 29 CANOPY p 50' CANOPY O 30' C-01 69 CANOPY 39 C-01 49 CANOPY 30'CANOPY 29 CANOPY - 30' C-01 - 3, CANOPY -40'CANCRY �� III�II III ' Eawnmeni u'a a\dNe„elve tom�nr vAew z' P,.,ie si,w•��M 3iC Q w a•.„.A wwu�.s� m �WORLDOILPRS - oRa4 wee, .e, 8 eeevveQ Baoaueena QC wsn sl Q 3 w©.� �o..° qee aPner ry Jr 810 ..1 CJr BNd `rrumiml— v ff.. ____��9 hO orklihnula mans �wrc Fz rc'u3 i —M, 0 p 33t-o ozc:' El b000° y a m£ z a€'�°cl cw Fp'd° J hi804®xb00® ;7 A O �I City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0310 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Meetinq File Type: Resolution Agenda Number: C.5 AMERICAN RESCUE PLAN ACT FUNDS: A RESOLUTION TO AUTHORIZE THE APPROVAL TO ELECT THE STANDARD ALLOWANCE OF $10,000,000.00 IN REVENUE LOSSES DUE TO THE PUBLIC HEALTH EMERGENCY CREATED BY THE COVID-19 PANDEMIC FROM THE PREVIOUSLY AWARDED AMERICAN RESCUE PLAN ACT FUNDS WHEREAS, the overview of the U.S. Treasury Final Rule of Coronavirus State and Local Fiscal Recovery Funds provided that a "standard allowance" of $10,000,000.00 in awarded funds may be claimed as public revenue loss for a municipality; and WHEREAS, although this does not increase the total amount awarded, it allows more flexibility in the expenditure of American Rescue Plan Act funds received by the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes the election of the standard allowance of $10,000,000.00 in revenue losses due to the public health emergency created by the Covid-19 pandemic from the previously awarded American Rescue Plan Act funds. City of Fayetteville, Arkansas Page 1 Printed on 411312022 Paul Becker Submitted By City of Fayetteville Staff Review Form 2022-0310 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2022 Submitted Date Action Recommendation: CHIEF FINANCIAL OFFICER (110) Division / Department Approval to elect the "standard allowance" of $10 million dollars in revenue losses due to the public health emergency created by the COVID-19 pandemic from the perviously awarded American Rescue Plan Act. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget ARPA Fund Project Title V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAY ET T EV ILL E ARKANSAS MEETING OF APRIL 19, 2022 TO: Mayor and City Council FROM: Paul Becker, Chief Financial Officer DATE: April 1, 2022 SUBJECT: ARPA Revenue Loss Funds CITY COUNCIL MEMO RECOMMENDATION: The administration requests the City Council's approval to elect the "standard allowance" of $10 million in revenue losses due to the public health emergency created by the COVID-19 pandemic from the previously awarded American Rescue Plan Act. BACKGROUND I DISCUSSION: The overview of the US. Treasury Final Rule of Coronavirus State & Local Fiscal Recovery Funds provided that a "standard allowance "of $10 million in awarded funds may be claimed as public revenue loss for a municipality. Although this does not increase the total amount awarded, it allows more flexibility in the expenditure of ARPA funds received. The revenue recovery amount cannot be used to reduce debt, be transferred to pension funds or be used to increase reserves or reduce taxes. However, since the funding must be used for general governmental services of the municipality, it would increase the flexibility of the uses allowed by the City by eliminating some of the restrictions placed on the use of ARPA grant funding. This would be especially important if the City wishes to consider infrastructure uses that may not be allowable or would be questionable. Infrastructure programs for parks, public buildings or some work force development training programs would be examples. This decision must be made by April 30, 2022. BUDGET/STAFF IMPACT: This request does not appropriate funds or change the amount of ARPA funds awarded to the City of Fayetteville. Attachments: Staff Review form, Staff Memo Mailing Address: 113 W.Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0263 Agenda Date: 4/19/2022 Version: 1 Status: Agenda Ready In Control: City Council Aqenda Session File Type: Report Agenda Number: D.1 AGENDA SESSION PRESENTATION - PARKING EQUIPMENT UPDATE, JUSTIN CLAY City of Fayetteville, Arkansas Page 1 Printed on 411312022 CityClerk From: Norton, Susan Sent: Monday, March 21, 2022 9:35 AM To: CityClerk Subject: Fwd: Approval Tracking - Disapproval Notice To Approvers Categories: FYI City Clerk -Please approve this item. Susan Sent from my iPhone Begin forwarded message: From: "Clay, Justin" <jclay@fayetteville-ar.gov> Date: March 21, 2022 at 9:32:58 AM CDT To: "Norton, Susan" <snorton@fayetteville-ar.gov> Subject: RE: Approval Tracking - Disapproval Notice To Approvers The Agenda Session date of March 291h for this presentation was confirmed by the Mayor and Susan at a meeting held on Friday, March 18th. The item was subsequently created in Legistar after that meeting. Thanks, Justin From: Norton, Susan <snorton@fayetteville-ar.gov> Sent: Monday, March 21, 2022 9:27 AM To: Clay, Justin <jclay@fayetteville-ar.gov> Subject: Fwd: Approval Tracking - Disapproval Notice To Approvers Justin -Please send me an email to use for me to approve this item. I have to send a reason to Clerk as to why it was late. Thanks! Susan Sent from my iPhone Begin forwarded message: From: jclay@favetteville-ar.ov Date: March 21, 2022 at 8:53:15 AM CDT To: "Norton, Susan" <snorton@favetteville-ar.gov> Subject: Approval Tracking - Disapproval Notice To Approvers 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. Susan Norton File 2022-0263 review sequence is Disapproved by City Clerk. See the file for more information.