HomeMy WebLinkAboutOrdinance 6562City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0306
Agenda Date: 5/3/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.3
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 51412022
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
/r
Neighborhood Link
Freeway/Expressway
Residential Link
Trail (Proposed)
j--_ Design Overlay District
Planning Area
Fayetteville City Limits
Eubanks
L— ubject Property
Feet
0 75 150 300 450 600
1:2,400
RZN-2022-000012
EXHIBIT 'A'
N- i
DEANE 5T
RNIF-?4 J&
NORTH
Zoning Acres
CS 3.5
Total 3.6
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 010
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 25°45'29" West 3.72 feet, thence South 94.04 feet, thence South 88°48'28" 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
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CITY OF
._ FAYETTEVILLE
ARKANSAS
TO: Jonathan Curth, Development Services Director
THRU: Chris Brown, Public Works Director
FROM: Alan Pugh, Staff Engineer
DATE: April 26, 2022
Engineering Memo for
Eubanks Rezoning 2022-012
Legistar 2022-0306
Received 4/28/22 5:11 PM
STAFF MEMO
SUBJECT: Drainage: 1893 and 1909 N Stephen Carr Blvd; McMillan Estates
BACKGROUND:
As per your request, the Development Services Department is seeking additional information
regarding the properties listed above. Specifically, the information requested is regarding the
potential for the development of these properties to contribute further to the flooding issues
currently experienced by those living upstream of 1-49 in the immediate area of the development
as well as the existing neighborhood further south near W Megan Dr; W Cornerstone PI and W
Valley Dr. Similarly, there is some concern regarding the existing development within McMillan
Estates and the process by which is was approved. These questions will be discussed in the
order presented below.
1893 and 1909 N Stephen Carr Blvd:
These properties appear to be developed currently as single family residential and are located
just north of the intersection of W Deane St and N Porter Road along the west side of N
Stephen Carr Memorial Blvd. The properties generally drain NE to SW toward the Middle Fork
of Hamestring Creek. The Middle Fork of Hamestring Creek goes under 1-49 through a 6' by 6'
box culvert and continues to the west before its confluence with Hamestring Creek just west of I-
49. It is in a different drainage basin than Hamestring Creek which crosses under 1-49 through
five 10' by 8' box culverts. These culverts were installed with the 1-49 widening and significantly
increased the capacity this crossing from the two 10' by 8' culverts that were in place previously.
This in turn reduced the amount of flooding received upstream of 1-49 but has not eliminated it
based on more recent flood events. However, it should be noted that in extreme events the two
basins could combine on the upstream side of 1-49 via a ditch along the east side of 1-49. This
could cause some stormwater to cross over into the Hamestring Creek Basin. See the graphic
below indicating the 100-year event.
It is anticipated that any development proposed at this location would be subject to the current
City of Fayetteville Drainage Criteria Manual. Given this fact, no increase in peak runoff rates
would be allowed and should have no impact on the overall flow in the Middle Fork of
Hamestring Creek even during these large events. Given that fact, staff would anticipate no
change in the overall impacts of the large events due to the development at this location.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Hamestring Creek and Middle Fork of Hamestring Creek
McMillan Estates Drainage Requirements
The final drainage report for McMillan Estates in our files is dated March 23, 2001. The report
states that the original Hamestring Creek that runs through the property was to be improved to
contain the 100-year event and was permitted by FEMA and the Corps of Engineers. While no
detention was included, the original drainage report also indicates that there will be no increase
in peak flow due to the development. This was mainly due to timing of the runoff from the
developed area in comparison with the entire upstream drainage basin. It was shown that the
peak flows from the development were realized and began to recede in advance of the peak
flows from the drainage basin and therefore showed no increase in the overall peak flow in the
creek. This was the reason no detention was originally included.
Both the Cross Church and Fitness One developments included drainage reports for the onsite
pipes and inlets but did not include detention based on this previously approved drainage plan
as allowed (at the time) in our UDC. However, based on the issues we are having downstream
of this development and others with previously approved drainage plans, changes in the UDC
were approved by City Council in June of 2021 that allows staff to re-evaluate the previously
approved drainage plan and require any new developments to comply with the latest drainage
criteria manual.
4
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
City Clerk Kara Paxton
CC: Susan Norton, Chief of Staff
Paul Becker, Chief Financial Officer
Chris Brown, Public Works Director
Terry Gulley, Asst. Public Works Director
Jonathan Curth, Development Services Director
Steven Dotson, Internal Auditor
FROM: Kit Williams, City Attorney
DATE: May 2, 2022
RE: Mayor recuperating at home and performing essential duties
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorrey
Jodi Batker
Paralegal
Mayor Jordan is currently recuperating at home, but is fully capable and
performing the essential duties of his office. One such duty was to clarify how
and when his approval through use of his signature stamp could be exercised.
Ordinances, Resolutions, Contracts and other documents approved by the City
Council may have the Mayor's signature stamp applied upon the unanimous
agreement of the Chief of Staff, Chief Financial Officer and City Attorney. A
similar procedure was used during a rare week or longer vacation for the Mayor
years ago where cell phone service at his vacation spot was not always reliable.
An initial draft of his authority for use of his signature stamp was signed
by Mayor Jordan on Friday April 29th and is attached. Mayor Jordan has just
signed an updated and more specific and complete authorization detailing what
the City Staff should do during this period when staff may speak with him for
any necessary decisions or instructions, but when City Staff is authorized to
perform housekeeping, ministerial, and uncontroversial actions on the Mayor's
behalf. This replacement authority dated today is also attached and supersedes
the April 29th authorization.
Mayor Jordan has also designated his Chief of Staff to handle most of his
normal meetings duties until his full time return to the office. The Vice Mayor
shall conduct all City Council meetings and Agenda sessions as the Mayor
recuperates. If any document proposed for the Mayor's signature has any
questionable aspect, the Chief of Staff shall inquire upon Mayor Jordan s decision
before his signature stamp is used or withheld.
Mayor Jordan remains able to perform his necessary official duties
although much of the noncontroversial, house -keeping measures will be handled
by his Chief of Staff and necessary signatures by use of his signature stamp so
the Mayor can get more needed rest. In the unlikely event that Mayor Jordan
would be deemed by a Circuit Court as being "unable to perform the duties of
office", Mayor Jordan has signed the attached Designation of Chief of Staff Susan
Norton to Perform the Duties of the Office of Mayor If and When Necessary.
A.C.A. §14-43-501 (b)(3)(C) provides that "one of the following individuals
may perform all functions of a mayor during the disability or absence of the
mayor:
(C) An unelected employee or resident of the city if designated by the
mayor and approved by the City Council."
If the City Council does not approve the Mayor's designation of Chief of
Staff Susan Norton, then the Mayor has designated Vice Mayor Sarah Bunch who
as an "elected official of the city" does not need approval of the City Council.
(A.C.A. §14-43-501 (b)(3)(B).
2
OFFICE OF THE MAYOR
April 29, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following
approval procedures to be used during any period I am absent from the City, under the
following conditions:
• Until I return to regular office hours Chief of Staff, Susan Norton will have the final
approval necessary for Legistar items
My signature stamp may be used for all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous
agreement of the following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by
the Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the
Legistar process
Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
May 2, 2022
I, Lioneld Jordan, Mayor of the City of Fayetteville, do hereby authorize the following updated
approval and signatory procedures to be used during any week or longer period of time if I need some of
my more signatory and ministerial and/or in -person meeting duties performed for me until I return to
full-time status:
■ Chief of Staff Susan Norton will have the final approval necessary for Legistar items
• My signature stamp may be used to approve all of the following:
1. Approval of documents deemed necessary and appropriate by the unanimous agreement of the
following:
o Susan Norton -Chief of Staff
o Paul Becker -Chief Financial Officer
o Kit Williams -Fayetteville City Attorney
2. Ordinances, resolutions, contracts and deeds as needed for items already approved by the
Fayetteville City Council
3. Development documents and other non -agenda items after their approval through the Legistar
process
■ Chief of Staff Susan Norton may chair and attend any and all of the meetings I normally chair or
attend (except City Council meetings and Agenda Sessions). Other staff who are already
ejnpowered to represent me in regional boards or commissions may continue to represent me
iii those boarasland commissions
4tv
r...��
Lioneld Jordan,
Date Signed
Witness
City of Fayetteville 113 W, Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
OFFICE OF THE MAYOR
Designation of Chief of Staff Susan Norton To Perform The Duties Of The Office Of Mayor If
And When Necessary
I, Mayor Lioneld Jordan, remain capable of performing the essential duties of my office
while I recuperate in the hospital or at home. I have established proper procedural guidelines
so that my signature stamp may be used instead of my written signature on documents
approved by the City Council such as Ordinances, Resolutions, Contracts, Grant Application and
Acceptances, and Deeds.
If I become temporarily unable to perform the duties of the Office of Mayor, I hereby
designate pursuant to A.C.A. §14-43-501 (b)(3)(C) that Chief of Staff Susan Norton shall assume
the powers and duties of Fayetteville Mayor until I am able to resume such powers and duties
myself.
If the City Council fails to approve my designation of Chief of Staff Susan Norton to
perform all functions of Mayor, then I designate Vice Mayor Sarah Bunch pursuant to A.C.A.
§14-43-501(b)(3)(B) to perform all functions of Mayor until j am again able to perform the
duties and functions of Mayor of Fayetteville.
s - a -
Date LIONELD J❑
Mayor
��-��
Witness
City of Fayetteville 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov
RECEIVED
MAY 2 0 2022
_r1LLE
Demoerg ant e
!c702 NNIVA`Di;.0 OM,i
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6562
Was inserted in the Regular Edition on:
May 15, 2022
Publication Charges: $83.60
S;-
Brittany Smith
Subscribed and sworn to before me
This I'i day of 2022.
C��� W
Notary Public
My Commission Expires: L1242q
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC -ARKANSAS
My Commission Expires 02-20-2024
Commission No, 12397118
Ordinance: 6562
File Number: 2022-0306
RZN-2022-012 (1993 & t909 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 1N 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 t
PASSED and APPROVED on 5/3/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $83.60
75552091 May 15, 2022