HomeMy WebLinkAboutOrdinance 66560
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6656
File Number: 2023-502
RZN 23-004: (2910 N. OLD WIRE RD. / VAN SCYOC, 255)
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Recorded: 05/O1/2023 at 09:05:23 AM
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AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-004
LOCATED AT 2910 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 14.70 ACRES FROM
RSF4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A, RESIDENTIAL AGRICULTURE TO
R-A, RESIDENTIAL AGRICULTURE AND NC, NEIGHBORHOOD CONSERVATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARI ANSAS:
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 and R-A, Residential
Agriculture to R-A, Residential Agriculture and 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.
PASSED and APPROVED on April 18, 2023
Page 2
Attest:
RZN-2023-0004 2910 N OLD WIRE RD
Close Up View
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Regional Link
Neighborhood Link
Residential Link
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Zone Current Proposed
NC 0.0 9.5
P-1 0.0 0.0
R-A 6.8 5.7
Feet RSF-4 7.5 0.0
0 75 150 300 450 600
1:2,400 Total 15.2 ac
RZN-2023-0004
EXHIBIT "B"
PROPOSED NC:
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN
SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET TO THE TRUE POINT OF BEGINNING,
SAI❑ POINT ALSO BEING LOCATED ON THE SOUTHERN RIGHT OF WAY OF NORTH OLD WIRE ROAD, AND
RUNNING THENCE S42°15'49"W 429.56 FEET; THENCE S87°52'31"E 123.32 FEET; THENCE S08°33'31"W
53.99 FEET; THENCE SOS°31'45"W 57.41 FEET; THENCE S24°32'37"W 24.30 FEET, THENCE S24°54'10"W
53.06 FEET; THENCE S32°19'52"W 81.60 FEET; THENCE S22°31'13"W 31.24 FEET; THENCE S30°56'30"W
55.84 FEET; THENCE S67°02'26"W 19.68 FEET; THENCE S46°06'51"W 27.99 FEET; THENCE S33'54'04"W
31.67 FEET; THENCE S24°14'51"W 66.12 FEET; THENCE S50'36'17"W 30.08 FEET; THENCE S22°18'47"W
24.79 FEET; THENCE S08°12'04"W 45.76 FEET; THENCE S26°45'39"W 32.36 FEET; THENCE S51°35'25"W
9.85 FEET; THENCE S51°35'41"W 8.83 FEET; THENCE S24°30'55"W 20.93 FEET; THENCE S03°58'37"W
40.38 FEET; THENCE S19°01'59"W 20.25 FEET; THENCE S14°09'59"W 60.86 FEET; THENCE S09°28'53"W
18.99 FEET; THENCE S35°51'49"W 15.43 FEET, THENCE S50°39'06"W 4.53 FEET; THENCE N35°50'03"W
327.54 FEET; THENCE N35°16'57"W 400.46 FEETTO THE SOUTHERN RIGHT OF WAY OF NORTH OLD
WIRE ROAD, AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 5 COURSES: ALONG A CURVE
TURNING TO THE LEFT, HAVING A RADIUS OF 2397.52 FEET, AND WHOSE LONG CHORD BEARS
N40°57'49"E 147.18 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 3286.14
FEET, AND WHOSE LONG CHORD BEARS N41°51'51"E 218.96 FEET; ALONG A CURVE TURNING TO THE
RIGHT, HAVING A RADIUS OF 1347.97 FEET, AND WHOSE LONG CHORD BEARS N48-18'14"E 205.46 FEET;
ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1689.10 FEET, AND WHOSE LONG
CHORD BEARS N55°03'18"E 261.36 FEET; ALONG A CURVE TURNING TO THE RIGHT, HAVING A RADIUS
OF 573.12 FEET, AND WHOSE LONG CHORD BEARS N61-16'48"E 42.19 FEET TO THE POINT OF
BEGINNING, CONTAINING IN ALL 9.785 ACRES, MORE OR LESS.
PROPOSED R-A:
A PART OF THE FRACTIONAL SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31,
TOWNSHIP 17 NORTH, RANGE 29 WEST, A PART OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER AND A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, BOTH BEING IN
SECTION 36, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID FRACTIONAL SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, AND RUNNING 502°14'17"W 97.12 FEET; 502°15'49"W 429.56 FEET; and
S87°52'31"E 123.32 FEET TO THE TRUE POINT OF BEGINNING, and running THENCE S87°52'31"E 409.20
FEET TO THE WESTERN RIGHT OF WAY OF NORTH CROSSOVER ROAD, AND RUNNING ALONG SAI❑
RIGHT OF WAY THE FOLLOWING 3 COURSES: S30°12'22"W 234.20 FEET; 525°57'22"W 107.26 FEET;
S21°46'26"W 105.67 FEET; THENCE LEAVING SAI❑ RIGHT OF WAY 558'02'23"W 336.11 FEET; THENCE
N84°10'57"W 40.00 FEET; THENCE S22°05'53"W 306.47 FEET; THENCE N35°50'03"W 160.87 FEET;
THENCE N50°39'06"E 4.53 FEET; THENCE N35°51'49"E 15.43 FEET; THENCE N09°28'53"E 18.99 FEET;
THENCE N14°D9'59"E 60.86 FEET; THENCE N19*01'59"E 20.25 FEET; THENCE ND3'58'37"E 40.38 FEET;
THENCE N24°30'55"E 20.93 FEET; THENCE N51°35'41"E 8.83 FEET; THENCE N51°35'25"E 9.85 FEET;
THENCE N26°45'39"E 32.36 FEET; THENCE N08°12'04"E 45.76 FEET; THENCE N22°18'47"E 24.79 FEET;
THENCE N50°36'17"E 30.08 FEET; THENCE N24'14'51"E 66.12 FEET; THENCE N33°54'04"E 31.67 FEET;
THENCE N46°06'51"E 27.99 FEET; THENCE N67'02'26"E 19.68 FEET; THENCE N30°56'30"E 55.84 FEET;
THENCE N22°31'13"E 31.24 FEET; THENCE N32°19'52"E 81.60 FEET; THENCE N24'54'10"E 53.06 FEET;
THENCE N24°32'37"E 24.30 FEET; THENCE N05'31'45"E 57.41 FEET; THENCE N08°33'31"E 53.99 FEETTO
THE POINT OF BEGINNING, CONTAINING IN ALL 5.497 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS OF WAY OF RECORD.
Washington County, AR
I certify this instrument was Pled on
05/01/2023 09.05.23 AM
and recorded in Real Estate
File Number 2023-00010608
Kyle Sylvester- Circuit Clerk
by
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 18, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
DATE:
CITY COUNCIL MEMO
2023-502
SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by
JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD
3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres.
The request is to rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75
acres and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres.
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 east Fayetteville, roughly 700 feet west of the intersection of N Crossover
Rd. and N Old Wire Rd. The property's zoning is currently split between RSF-4, Residential Single -Family,
Four (4) Units per Acre on the western half and R-A, Residential Agriculture on the eastern half. Except for a
one single family house, the three parcels (cumulatively 14.7 acres) are undeveloped. The entire property is
covered with extensive tree canopy. The eastern half is part of the streamside protection zone / floodplain &
floodway of Niokaska Creek and is largely designated as part of the Enduring Green Network.
Request: The request is to shift the alignment of the existing R-A, Residential Agriculture zoning district to
follow the boundary of the 100-year flood line, and to rezone the remainder of the property to NC,
Neighborhood Conservation.
Public Comment: Five (5) members of the public offered comments in opposition of the item via email. Among
their concerns were the potential increase in traffic, environmental concerns, negative impact on home values
and neighborhood character, and lacking existing infrastructure including schools. One (1) member of the
public emailed in support of the project. Additional members of the public spoke in person at the meeting, a
summary of which is included below.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses
and densities located near the subject property vary substantially. Neighboring properties are of a variety of
sizes but generally follow a cul-de-sac development pattern. The existing and proposed zoning districts have
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
similar allowable uses, but the NC includes urban form setbacks rather than traditional setbacks. When
compared to RSF-4, rezoning to NC will decrease the lot area minimum for single and two-family uses from
8,000 and 12,000 square feet respectively to 4,000 sf. In addition, NC would have a build -to zone of 25 feet
rather than a front setback of 15 feet, and a rear setback of 5 feet rather than 15 feet. NC requires a 40-foot lot
width minimum while RSF-4 requires a 70-foot lot width minimum for single-family dwellings and an 80-foot lot
width minimum for two-family dwellings. Conversely, both NC and RSF-4 include up to a three-story height
limit.
Since the subject property contains roughly 8.14 acres of RSF-4, a maximum of thirty-two (32) units are
permitted under current entitlements, where the proposed rezoning to 9.54 acres of NC would increase the
density cap to ninety-five (95) units. That said, any future development would be subject to, and limited by,
minimum parking requirements, tree preservation, drainage, and access management standards.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040
Goal #1— Appropriate Infill; #4— Growing a Livable Transportation Network, #5— We Will Assemble an Enduring
Green Network, and #6— Create Opportunities for Attainable Housing. The site scores moderately on the Infill
Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of fire station #5. The
RSF-4 and NC have similar allowed uses. However, because of the flexible zoning regulations associated with
the NC district, rezoning may allow for redevelopment or added density while maintaining more tree canopy
and natural areas than would be possible under the more Euclidean RSF-4 zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5 attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd.)
• Near Sewer Main (8" sewer main, N Old Wire Rd.)
• Near Water Main (6" water main, N Old Wire Rd.)
• Near City Park (Gulley Park)
• Near Paved Trail (Niokaska Creek Trail)
DISCUSSION:
At the February 27, 2023 Planning Commission meeting, a vote of 5-2-1 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink made the motion and Commissioner McGetrick
seconded. Commissioner Holcomb recused himself for this item. Commissioners in favor of the rezoning found
the intent of Neighborhood Conservation to be compatible with RSF-4, allowing for more flexible, walkable
development. They also noted that although the property is not directly located in an urban growth center on
the 2040 plan's growth concept map (designated on a scale of 1-3 depending on intensity), it is between a tier
2 and a tier 3 center on a high -activity corridor. Per the plan, the tier centers identify key growth nodes and
major areas that should be conserved for natural resources and open space (City Plan 2040, pg. 12). The
commissioners voting in favor of the rezoning also cited the logical re -alignment of the R-A zoning with the
floodplain. Commissioners Garlock and Madden voted no citing a low infill score, limited possibility for
connectivity to surrounding properties, and the property not falling within the bounds of the tier 2 center, and
misalignment with the future land use map and master street plan regional link.
Seven (7) members of the public spoke during the meeting. Discussion from the public focused primarily on
compatibility with the existing neighborhood, drainage and flooding, density, increased traffic, environmental
impact, insufficient schools, and the public hearing process.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, RZN-2023-0004 CC Accident
Data Memo w-attachments, Rezone 15 Acres at 2910 Old Wire Road, Updated 04132023 RZN-2023-0004
Contours and Streamside, RZN-2023-0004 Hydric Soils
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
Legislation Text
File #: 2023-502
RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by
JORGENSEN AND ASSOCIATES for property located at 2910 N Old Wire Rd in WARD 3. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and R-
A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC,
NEIGHBORHOOD CONSERVATION on 9.54 acres.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-004 LOCATED AT 2910 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY
14.70 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-A,
RESIDENTIAL AGRICULTURE TO R-A, RESIDENTIAL AGRICULTURE AND 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-4, Residential Single -Family, 4 Units
Per Acre and R-A, Residential Agriculture to R-A, Residential Agriculture and 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.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-502
Item ID
3/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/27/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255): Submitted by JORGENSEN AND ASSOCIATES
for property located at 2910 N Old Wire Rd in WARD 3 . The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURE, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURE on 5.75 acres and NC, NEIGHBORHOOD CONSERVATION on
9.54 acres.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
V20221130
Previous Ordinance or Resolution #
Approval Date:
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: February 27, 2023 (Updated with results from Planning Commission)
SUBJECT: RZN-2023-0004: Rezoning (2910 N. OLD WIRE RD. / VAN SCYOC, 255):
Submitted by JORGENSEN AND ASSOCIATES for property located at
2910 N Old Wire Rd. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and R-A, RESIDENTIAL
AGRICULTURAL, contains approximately 14.70 acres. The request is to
rezone the property to R-A, RESIDENTIAL AGRICULTURAL on 5.75 acres
and NC, NEIGHBORHOOD CONSERVATION on 9.54 acres.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0004 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0004 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville, roughly 700 feet west of the intersection of N.
Crossover Rd. and N. Old Wire Rd. The property's zoning is currently split roughly half between
RSF-4, Residential Single -Family, Four (4) Units per Acre on the western half and R-A,
Residential Agricultural over the eastern half. Except for a single -single family house, the three
parcels (cumulatively 14.7 acres) are undeveloped. The entire property is covered extensively
with tree canopy and the eastern half is part of the streamside protection zone / floodplain &
floodway of Niokaska Creek. Most of the land currently zoned R-A is designated as part of the
Enduring Green Network.
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
Streamside / Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre /
R-A, Residential Agricultural
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
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Paqe 1 of 20
Request: The request is to shift the alignment of the existing R-A, Residential Agricultural zoning
district to follow the boundary of the 100-year flood line, and to rezone the remainder of the
property to NC, Neighborhood Conservation.
Public Comment: Two members of the public offered comment in opposition of the item. Among
their concerns was the potential increase in traffic, environmental concerns, negative impact to
home values and neighborhood character, and lacking existing infrastructure including schools.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Old Wire Rd., a partially improved
Neighborhood Link street with asphalt paving, and open ditches. The subject area
also has frontage along N. Sumac Dr., a fully improved residential link street with
asphalt paving, sidewalk, gutter and curb. Any street improvements required in
these areas would be determined at the time of development proposal. Any
additional improvements or requirements for drainage will be determined at time
of development.
Water: Public water is available to the subject area. Existing 8-inch water main is
present on the south side of N. Old Wire Rd. Existing 6-inch water main is
present on the north side of N. Sumac Dr.
Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is
present on the North side of N. Old Wire Rd.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 0.5 miles from the fire station with an anticipated drive time
of approximately 1 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 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: No portion of the property lies within the Hillside -Hilltop Overlay District.
A portion of the property is designated as having hydric soils, 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.
A portion of the property lies within a FEMA floodplain. A floodplain development
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 2 of 20
review will be required at the time of permit or plan submittal. This will restrict the
type of development and impact 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.
A portion of the property lies within a streamside protection zone. Streamside
Protection Zones generally consists 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, it
will be 50ft wide as measured from the top of bank but depending on the shape
and extents 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.
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation requires 20%
minimum canopy preservation. The zoning district of RA, Residential
Agricultural, intended to be re -aligned but not removed, requires 25% minimum
canopy preservation. The current zoning district of RSF-4, Residential Single -
Family, Four 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 a Residential Neighborhood and Natural 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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site,
with a weighted score of 6 at the highest. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd.)
• Near Sewer Main (8" sewer main, N Old Wire Rd.)
• Near Water Main (6" water main, N Old Wire Rd.)
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 3 of 20
• Near City Park (Gulley Park)
• Near Paved Trail (Niokaska Creek Trail)
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 compatible with the
surrounding context. Residential uses and densities located near the subject
property vary substantially. Neighboring properties are of a variety of sizes
but generally follow a cul-de-sac development pattern. The existing and
proposed zoning districts have similar allowable uses, the NC includes
urban form setbacks rather than traditional setbacks. When compared to
RSF-4, rezoning to NC will decrease the buildable area of the lot for single
and two-family uses from 8,000 and 12,000 square feet respectively to 4,000
square feet. In addition, NC would have a build -to zone of 25 feet rather than
a front setback of 15 feet, and a rear setback of 12 feet rather than 15 feet.
Since the subject property contains roughly 8.14 acres of RSF-4, a maximum
of thirty-two (32) units are permitted under current entitlements, where the
proposed rezoning to 9.54 acres of NC would increaser the density cap to
ninety-five (95) units. That said, any future development would be subject to,
and limited by, minimum parking requirements, tree preservation, drainage,
and access management standards. NC requires a 40-foot lot width minimum
while RSF-4 requires a 70-foot lot width minimum for single-family dwellings
and 80-ft lot width minimum for two-family dwellings. Conversely, both NC
and RSF-4 include up to a three-story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from RSF-4 to NC serves to contribute towards City Plan 2040
Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, #5
- We Will Assemble an Enduring Green Network, and #6 — Create
Opportunities for Attainable Housing. The site scores moderately on the Infill
Scoring Matrix due to water/sewer access, public parks and trails, and the
proximity of fire station #5. The RSF-4 and NC have similar allowed uses;
however because of the form -based zoning regulations associated with the
NC district, rezoning may allow for redevelopment or added density while
maintaining more tree canopy and natural areas than would be possible
under the RSF-4 zoning district.
The Future Land Use Map designates the site as split between Residential
Neighborhood Area, which supports "a wide variety of housing types of
appropriate scale and context including single-family, duplexes, rowhouses,
multifamily and accessory dwelling units," and Natural Area, which
"promotes conservation of open space and areas of significant riparian
benefit." Staff is supportive of realigning the R-A zoning district to the 100-
year flood boundary, as the change would more accurately reflect the intent
of the future land use plan to preserve the riparian area adjacent to Niokaska
Creek. Further, adding density as designated by the "Residential
Neighborhood" designation is likely best facilitated by the regulations in NC
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 4 of 20
zoning and is justified given the property's proximity to commercial and non-
residential uses in north Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to NC is justified. Rezoning may be less restrictive
in allowing the property to develop under proportional regulations. Because
rezoning will better support infill redevelopment on the property, staff finds
the proposed zoning to be consistent with the City's future land use goals
and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to NC has an associated potential to increase traffic at this
location. NC permits development at 10 units per acre where it is currently
limited to 4 units per acre. Staff finds potential to increase the number of
residential units above what is currently allowed by right; subject to
constraints such as steep slopes, tree preservation requirements, and other
design requirements. Staff finds the increase in density is unlikely to result
in increased traffic danger or congestion. The subject property has access
to N. Old Wire Rd., an improved Neighborhood Link. Future development
would be required to meet the City's applicable access management and
parking standards.
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 may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this 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 forwarding RZN-2023-0004 to City
Council with a recommendation of approval.
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Paqe 5 of 20
PLANNING COMMISSION ACTION: Required YES
Date: February 27, 2023 O Tabled O Forwarded O Denied
Forwarded with a recommendation of approval
Motion: Brink Seven (7) Public comment in person, Six (6) Digital comments
Second: McGetrick
jVOte: 5-2-1 (Garlock & Madden voted No, Holcomb Recused)
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential Agricultural
o §161.07 District RSF-4, Residential Single -Family, Four Units per Acre
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 6 of 20
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)
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 7 of 20
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.
(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, 4-20-2 1)
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."
161.07 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
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 8 of 20
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
81000 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 13 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 , §§l(Exh. C), 2, 4-20-21)
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.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 9 of 20
(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
12 feet
an alley
(F) Building Height Regulations.
Building Height Maximum 13 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,
§§1(Exh. C), 2, 4-20-21)
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 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 10 of 20
$4
JORGENSEN
+ASSOCIATES
vCivil Engineering Surveying
February 3, 2023
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning at 2910 N Old Wire Road
Dear City Staff;
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
www orgerserassoc con,
Established 1985
On Behalf of the Owner and their representatives, we are submitting a rezoning request for property located along
2910 N Old Wire, Fayetteville, AR 72703.
A. The current owner of this site is as follows: Nola VanScyoc Revocable Trust (Parcel Numbers 765-
16047-000, 765-13287-000. 765-16043-000.
B. Currently this property is zoned RSF-4 and R-A.
C. This property is surrounded by RSF-4 on the north and west, a portion of P-1 to the south and north,
and section of R-O to the east.
D. Existing adequate water and sewer are already at this site.
E. We feel the requested rezoning is in line with the goals of the City Plan 2040 where the future land
use calls for a portion of Residential Neighborhood and Natural.
Statement of Compatibility:
This request to rezone a portion of the RSF-4 to Neighborhood Conservation and adjust the R-A
zoning line to match the 100-year floodplain is compatible with neighboring property and will not
unreasonably adversely affect or conflict with surrounding land uses. Within reasonable proximity,
rezoning of the property south of Butterfield Elementary to NC, sets a precedence for similar
development patterns that serve to promote and protect neighborhood character. The zoning line
has been adjusted to follow the 100-year flood plain and this zoning line makes more sense than the
current zoning line and will ensure that the floodplain would be of minimal impact. Given the
proximity to the Fire Station, Crossover (Regional Link), and the Niokaska Trail, we feel that this
rezoning is supported in a multitude of ways and will not adversely impact vehicular patterns.
Planning Commission
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 16 of 20
PUBLIC COMMENT: JULIE C KEYS
Wonsower, Donna
From: Julie C Keys <jckeys611 @gmail.com>
Sent: Saturday, February 25, 2023 9:39 PM
To: Wonsower, Donna
Subject: Old Wire Rezoning
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 City Planner Wonsower:
This concern addresses the rezoning of 2910 North Old Wire Road. I firmly believe that it is not in the
best interest of its neighbors, commuters, or city of Fayetteville.
First, I wish to address this issue on a personal note. In 2006, my husband and I began our search for
a home in Fayetteville to raise our one year old and immediately fell in love with the property on
Raintree Drive in the Boxwood subdivision. At the time, I worried that our proximity to the fire station
was too close, potentially a noise nuisance, but I talked myself into that being a plus to the property. It
was the green space behind our house that sold us! For the last 17 years, listening to the sounds and
enjoying the sights of the wooded area have brought such peace.
I also want to address this issue as a citizen of Fayetteville. The projected area on Old Wire Road
currently has only two lanes, leading to numerous neighborhoods and to commercial areas. There is
no sidewalk, and traffic is often backed up at the intersection of Old Wire Road and Crossover Road.
Additional dwellings will impact an already congested area of town. Many times when I try to leave my
street, I face lines of traffic or speeding cars. From a traffic perspective, adding more dwellings to the
area will negatively impact the area.
Most importantly though, I want to address the potential environmental concerns. One of the reasons
I chose this area was the city's commitment to conserve green space and protect its natural beauty.
Just four houses down from my house, homeowners are required to have flood insurance.
Considering the city's recent restoration to Niokaska Creek, an area of the Illinois River Watershed, I
worry about upsetting the landscape further. I am not a landscape engineer, but I do know that
destroying the current tree canopy can lead to erosion. In addition, urban development influences
drainage and contaminates water. These concerns do not seem to be in line with the City of
Fayetteville's vision.
Thank you for your service to our fine city, and I ask that additional consideration be given to the
proposed area. Below you will find images of the proposed rezoning from my home, as well as data
from the Fayetteville City Plan 2040.
In appreciation,
Julie Keys
2792 North Raintree Drive
ickevs611 ra-)amail.com
479-957-1780
0
0
0
8.3 Tree Canopy
A healthy urban tree canopy can address the three major weather events that are anticipated to affect Northwest Arkansas: unpredictable but more impactful rain
events, drought, and heat waves. Even before broad acknowledgement of climate change, Fayetteville and its residents placed a high value on the City's tree
canopy, particularly with the formation of the Tree and Landscape Advisory Committee in 1993 and the subsequent adoption of a Tree Preservation ordinance
regulating tree removal associated with development.
8.4 Slopes and Hillsides
Slope is a critical factor in determining a soil's suitability for supporting development. The development of severe slopes involving soils not capable of provided
sufficient foundational support may result in extensive cutting and filling to stabilize them. When compounded by the removal of existing vegetation, the excavation
and fill of soil can result in severe erosion, slumping and shearing. In Fayetteville, areas of severe slope are characterized by soils less suitable for development.
Shallow depth to bedrock conditions are compound problems in these areas. There are several identified beds of cherty limestone, acid sandstone, siltstone and
shale that have shown faulting and folding at steeper locations.
Of the 58,037 acres of land within the City and its Planning Area, approximately 16%, or 8,900 acres have slopes of 15 percent or greater. With some notable
exceptions such as Mount Sequoyah, these slopes have previously remained largely undeveloped. More recent trends indicate that development on hillsides and
hilltops is increasing. The passage of the Hillside/Hilltop Development Overlay District in 2006 provided additional development protections on slopes that are 15
percent and greater and the flatter, bench -like hilltops.
8.5 Watershed System
However, urban development can, and has, altered many of these natural drainage systems which can create drainage, storage and flooding hazards during
heavy or extended duration storm events.
8.6 Flooding
In general Chapter 168, flood damage prevention, of the Unified Development Code (UDC) and 44 Code of Federal Regulations (44CFR) are utilized in
conjunction with the latest Flood Insurance Rate Maps (FIRM) to determine which properties may be at risk and in need of additional regulation to limit flood
losses. These regulations extend to the area defined as "Special Flood Hazard Areas" located on the Flood Insurance Rate Maps.
Flooding also brings challenges associated with water quality. Rising flood waters can be contaminated by, among other things, oil and grease, household
chemicals, fuels, sanitary sewer overflows, and soils/ sediment. One major contributor of soil/ sediment and the associated nutrients such as phosphorus is stream
bank erosion. As flood waters rise, the velocity of the water increases and can damage stream banks causing both pollution issues and property loss. All of these
items can damage the natural ecosystem and potentially harm drinking water sources. Beaver Lake is the drinking water source for all of Northwest Arkansas and
approximately 40% of Fayetteville currently drains into this watershed. The remainder drains into the Illinois River Watershed which also has its challenges with
regard to pollutants.
PUBLIC COMMENT: ROB KEYS
Wonsower, Donna
From: Rob Keys <2123keys@gmail.com>
Sent: Sunday, February 26, 2023 6:22 PM
To: Umberger, Ryan; Wonsower, Donna; Hopkins, Mirinda; Planning Shared
Subject: development off Old Wire Road
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.
Ryan/Donna/Miranda/others- Thank you, first of all, for serving Fayetteville. Being an official in the public eye is not easy
these days and I appreciate your willingness to do so.
I'm contacting you re: Mitch Weigel's proposal to develop land between the Boxwood subdivision and the fire station at
Old Wire/265. I'm sure you've heard from some of my Boxwood neighbors, as this is an emotional issue for some, if not
many.
Having lived directly adjacent to the property being considered for more than 16 years, however, I have long expected
development behind my home. I understand the need for residential infill in Fayetteville. That doesn't mean I like it, but
I understand.
What I'm asking is for extremely careful consideration of this proposal. Rezoning that allows 10 units per acre - or
anything close to that - is simply irresponsible. I don't believe that aligns w Fayetteville's 'Vision 2050' and I think there
are other legitimate concerns, including drainage, loss of trees/green space/natural habitat and traffic. Traffic is already
an issue in this area - a major issue for those of us who live here.
Additionally, the sheer density of 10 units per acre - or anything close to that - is a drastic deviation from what currently
exists in our neighborhood. It's simply not right and I am 100-percent convinced that if you or Mitch Weigel or any
reasonable person lived where my family lives, you would feel the same way.
Thank you for your time and service. Please do what is right.
Rob Keys
2792 N. Raintree Drive
(479) 957-4635
PUBLIC COMMENT: TIFFANY MEEKS
From:
To:
CityClerk
Planning Shared; Sparkman, Sarah; Johnson. Matthew; Canada. Ouintin; Brink. Andrew; Garlock. Jimm;
Holcomb, Joseph; Madden, Marv; McGetrick, Marv; Winston, Porter; Berna, Scott; Bolinger, Bonnie; Pennington,
Blake; Brown, Chris; Bunch, Sarah; CityClerk; Curth, Jonathan; Harvey, Sonia; Hertzberg. Holly; Batker, Jodi;
Jones, D"Andre; Rogers, Kristin; Williams, Kit; Jordan, Lioneld; Mathis, Jeana; Moore, Sarah; Paxton, Kara;
Mulford, Patti; Ramirez. Jonathan; Rea, Christine; Norton, Susan; Spohn. Courtney; Thurber, Lisa; Turk, Teresa;
Wiederkehr, Mike
Cc:
tiftim gmail.com; CityClerk
Subject:
FW: Old wire/boxwood project
Date:
Wednesday, February 22, 2023 8:36:08 AM
Attachments: image001.pnng
Good morning everyone,
Please see the e-mail below from Ms. Tiffany Meeks as a follow up to the previously shared
message.
Thank you and have a nice day,
Jonathan
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerka—fayettevi I le-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
ity of Fayetteville Logo-01
From: Tiffany Timmons <tiftim@gmail.com>
Sent: Wednesday, February 22, 2023 6:14 AM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: Re: Old wire/boxwood project
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.
Hi Sarah,
Thank you for your response. It does seem very counterproductive that the city council and the
school board don't have more of a connection. I am very frustrated with the school district, my 3
children will all attend McNair which is over crowded and building more homes in an already full
district without any plans to build a new school seems ridiculous. I attended FPS and had a lovely
experience. I'm not sure my kids will enjoy the same if they are forced to attend schools out of their
district due to over crowding. Does the city have any input on schools or district lines? If not I think
that should be looked at more closely. How can a city function properly without enough schools to
support its growing population?
Im not a city planner or school district expert but I would think both need to be on the same page as
our city moves forward, knowing there will only be more growth and more children that need to
attend schools. I would never be able to get to work on time if my kids were redistributed to a school
on the west side. The school bus commissioner has said there's no possible way for them to bus kids
from the east side to the west side with the shortage of drivers and the amount of kids needing bus
services. This is a big concern for my family. When I see more houses going up it just makes me a bit
angry knowing it's my kids education that's going to suffer not the city.
Thank you!
Tiffany (Timmons) Meeks
Sent from my iPhone
On Feb 21, 2023, at 8:24 AM, CityClerk<cityclerk(@fa)letteville-ar.gov> wrote:
Good morning everyone,
Please see the e-mail below from Ms. Tiffany Meeks.
Thank you and have a nice day,
Jonathan
Office of the City Clerk Treasurer
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerk(aMayettevi I le-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
®❑
From: Bunch, Sarah<Sarah.bunch Wayetteville-ar.gov>
Sent: Monday, February 20, 2023 11:19 AM
To: CityClerk<cityclerkl@fayetteville-ar.gov>
Cc: Tiffany Timmons <tiftim(@gmail.com>
Subject: Fwd: Old wire/boxwood project
Can the Clerk's office please share this email with planning staff, the members of the
planning commission, and the city council? Thank you very much.
Sarah
Sent from my iPad
Begin forwarded message:
From: Tiffany Timmons <tiftim(@gmail.com>
Date: February 13, 2023 at 2:09:07 PM CST
To: "Bunch, Sarah" <sarah.bunch(@fayetteville-ar.gov>
Subject: Old wire/boxwood project
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.
Hi!
I am sending you this email to speak out in opposition to the proposed
development near old wire and boxwood. I live off old wire and my kids
attend FPS. We need more roads and schools in this area before any more
residence come into the mix. We desperately need another middle school
on the east side, as well as more side walks and a wider old wire to
accommodate traffic.
The traffic in this area during commute times is too busy for more
dwellings.
More schools and roads please, not more houses and people. Thank you.
Tiffany Meeks
479-530-1428
PUBLIC COMMENT: ROB QUALLS
City of Fayetteville, Arkansas
113 West Mountain St, Suite 308
Fayetteville, AR 72701
T 479.575.8323
cityclerk(abfayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
GMT or
PAT■TT■VILLE
ARKANSAN
From: Rob Qualls <robbieq@gmail.com>
Sent: Monday, February 27, 2023 12:53 PM
To: CityClerk <cityclerk@fayetteville-ar.gov>
Subject: RZN-2023-0004 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.
Please forward to the Planning Commissioners, Ward 3 Councilmembers, and any planning staff that should get it.
Good Afternoon,
I am writing in support of RZN-2023-0004. Some of those opposed to this development are citing morning traffic on Old
wire road as a reason to deny this request. I also live in the area and have had to wait a minute or two to turn left. In my
opinion, most of that traffic is coming from outside of, or at the very edge of Fayetteville. Restricting housing IN
Fayetteville, is not going to help that issue. The best thing we can do for traffic is to build more housing, closer to
schools, businesses, or amenities. Please approve this rezone, so we can take some pressure off of the housing market,
and perhaps keep more people from driving in from Goshen and Elkins because Fayetteville's housing inventory is low.
Thanks,.
Rob Qualls
2140 E Jonquil Rd, Fayetteville, AR 72703
PUBLIC COMMENT: ALEXIS
STEVENS & NICK MOTE
Wonsower, Donna
From: Alexis Stevens <aestevens3@yahoo.com>
Sent: Monday, February 27, 2023 7:12 PM
To: Planning Shared; Hopkins, Mirinda; Wonsower, Donna; Umberger, Ryan; Bunch, Sarah; Berna, Scott
Cc: Nick Mote
Subject: Re: Rezoning of 2910 N Old Wire Road, Fayetteville, AR - Nick Mote and Alexis Stevens Statement in
Opposition
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.
Good evening —as a follow up to my below email and supplement to the attached Statement in Opposition, attached
please find traffic data from the Arkansas Department of Transportation for N Old Wire Road which includes an average
daily traffic estimate of 8,300 vehicles for the most recent year studied, 2021. Please note that many of the intersecting
streets on the segment of N Old Wire Road between the Old Missouri Road and Crossover intersections adjoin N Old
Wire Road at steep inclines and with numerous blind spots. This portion of N Old Wire Road additionally includes
several curves further decreasing visibility.
Thank you,
Alexis Stevens and Nick Mote
6:59
1w I Traffic Station
PEPARTMENT
RTATION
6:59
Volume Count
8300
Station ID:
Station:
Court Type;
Court Category;
Most Recent ►T;
Most Recent ADT Year:
ARDOT District:
County:
Sent from my iPhone
> On Feb 27, 2023, at 6:28 PM, Alexis Stevens <aestevens3@yahoo.com> wrote:
> Good evening —attached pleased find a Statement in Opposition of the proposed rezoning of the property located at
2910 N Old Wire Rd, Fayetteville, AR 72703, submitted on behalf of Nick Mote and Alexis Stevens, to be presented to
the City Planning Commission during its February 27, 2023, meeting related to the same.
> Please let me know if you have any questions or require further information.
> Thank you,
> Alexis Stevens
> <In re Rezoning of the Property Located at 2910 N Old Wire Road, Fayetteville, AR - Written Statement in Opposition
Submitted by Nick Mote and Alexis Stevens.pdf>
> Sent from my iPhone
PUBLIC COMMENT: MARY ANNE
KNULL
From:
Mary Anne Kull
To:
Wonsower. Donna
Cc:
Umberger, Ryan; Hopkins, Mirinda
Subject:
Re: Project Information (RZN-2023-0004)
Date:
Sunday, February 26, 2023 2:09:25 PM
Attachments:
imaae002.Dna
image001.jpo
Concerns for RZN-2023-0004.Ddf
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 attaching a letter about my concerns for the rezoning of 2910 N Old Wire Rd: R7-N-
2023-0004
Thank you so much for your consideration,
Mary Anne Kull
On Wed, Feb 8, 2023 at 11:00 AM Wonsower, Donna <dwonsowernfayetteville-ar.gov>
wrote:
Mary,
This project is scheduled for the February 27 Planning Commission meeting. The packets
being posted on the website tomorrow are for the meeting held on February 13, and the
packets for the February 27 meeting will be posted in a few weeks. Our apologies for any
confusion. Regarding the required mailing, we received a certificate stating that the letters
were sent out yesterday (2/7) in advance of the fifteen day requirement so keep an eye on
your mailbox.
Short of hiring a traffic engineer, factually showing how any development will affect future
traffic is difficult; however there are multiple online resources that you could utilize to
present facts regarding the current traffic around your neighborhood such as traffic counts
from ARDoT, records of vehicle crashes and their severity from the police, any news
articles that discuss significant delays specific to your neighborhood and its immediate
surroundings, or primary sources like this. My recommendation would be to stay away from
opinions like "traffic is terrible here," and instead make statements such as "In the past three
weeks, it has taken me an average of twenty minutes to leave my neighborhood every
morning because of the amount of traffic on N Old Wire Rd," and to bring data to back up
any sources you cite in your research. You are also welcome to email staff with any
documents ahead of the meeting and to call with questions.
Best Regards,
Donna Wonsower
Planner, Development Services
City of Fayetteville, Arkansas
Office: 479.575.8358
ebsite I Facebook I Twitter I Instagram I YouTube
0
From: Mary Anne Kull [m it • ]
Sent: Wednesday, February 08, 2023 8:48 AM
To: Hopkins, Mirinda <mhopkins o.fayetteville-ar.gov>
Subject: Project Information
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.
Good morning!
Thank you so much for providing this information. What do I need to do to prove that this
change will factually affect vehicular patterns adversely for patrons of my neighborhood?
I am so thankful for this information. We have not received the required mailing for this
zoning request. Do you know if it has been sent out as the application requires?
Thank you!
Mary Anne
On Wednesday, February 8, 2023, Hopkins, Mirinda <mhopkins&fayetteville-ar.gov>
wrote:
Mary Anne,
I have attached the submitted request letter. Planning reports will be posted to our
website tomorrow afternoon. Let me know is you need anything else.
htips://fayettevillear.portal.civicclerk.com/
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
®❑
From: Mary Anne Kull [mailto:makull1017( gm� ail.com]
Sent: Tuesday, February 07, 2023 11:01 PM
To: Planning Shared <planninggfayetteville-ar.gov>; Hopkins, Mirinda
<mhopkins &fayetteville-ar. gov>
Subject: Project Information
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.
Good Day,
I am inquiring about the project information for Plan Number: RZN-2023-0004
The posted written notification form indicates that project information is available for
public view from the City of Fayetteville Planning Division, but I have not been able to
locate it on the submitted application or the planning divisions portion of the website. I
would appreciate your help with this information.
I am highly concerned about this area being rezoned as NC NEIGHBORHOOD
CONSERVATION. Traffic on Old Wire is already highly congested. I am hardly able to
make a left hand turn in the mornings to take my children to Butterfield
Elementary School. I cannot imagine how that will be amplified with the potential of 10
residential units per acre being permitted in this area. The vocabulary "neighborhood
conservation" is very misleading in this instance as currently this area is completely
wooded. I am concerned that there is a deliberate deception by choosing this as the zoning
to prevent neighbors from being concerned. This will allow signification change to my
current neighborhood and will negatively affect the character and home values in the
immediate area.
I believe that the current zoning of RSF-4 is appropriate to maintain true neighborhood
conservation for this area.
I look forward to seeing more detailed plans.
Sincerely,
Mary Anne Kull
2840 N Raintree Drive
Fayetteville, AR 72703
February 26, 2023
To Whom It May Concern:
I am writing to express my deep concern about the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to
NC. As a resident of this area, I believe that this rezoning will have a significant negative impact on our
community and our environment.
One of my main concerns is the increase in traffic that this development will bring to our area. The roads
around 2910 N Old Wire Rd are narrow and already congested. Adding more cars to this area will only
exacerbate the problem. This will make it more difficult and dangerous for residents to travel to and from their
homes, and could even lead to accidents and other safety concerns. I took the below picture from my street
corner of Raintree Dr. and N Old Wire Rd. at 4:28PM Tuesday, February 21. Notice that cars are backed up all
the way from Crossover to Raintree. What will the addition of more dense housing and businesses (as allowed
under the NC zoning), with potentially hundreds of cars added do to the traffic? What about the Fire Station?
With the addition of traffic in this area does it cause concern for life saving minutes being lost as the fire truck
and emergency responders will be required to navigate through the additional commuters?
2910 N Old Wire contains hydric soil and due to the slope of the land, anything that is developed at this
property will have runoff into the hydric soil areas pictured below. What will happen to the ecosystem
surrounding the Niokaska Trail with the addition of hazardous runoff from the proposed significantly denser
development?
Natural Features
Habira_of interest
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I believe that this rezoning does not align with the City of Fayetteville's "Vision 2050" plan. This plan
emphasizes sustainable development and responsible use of natural resources, and I believe that this
development will only contribute to the environmental degradation of our area.
As a mom of 3 children, our oldest child attends Fayetteville public schools with our middle child to join her
next year in kindergarten. I am currently following Fayetteville's dilemma with having enough room in McNair
Middle school for the children in our neighborhood. Currently, the board does not have a solution. The proposal
to bring in the addition of potentially many families and many more children is simply not supported by the
current school zone structure.
Furthermore, I have some serious questions about the statement of compatibility submitted by Jorgensen &
Associates. The statement of compatibility states, "This request to rezone a portion of the RSF-4 to
Neighborhood Conservation and adjust the R-A zoning line to match the 100-year floodplain is compatible with
neighboring property and will not unreasonably adversely affect or conflict with surrounding land uses." Has
Jorgensen and Associates provided a study by a professional to support this claim? What will they do and be
liable for in the instance that it does in fact "unreasonably adversely affect or conflict" with the surrounding land
uses?
The statement of compatibility continues to state, "Within reasonable proximity, rezoning of the property south
of Butterfield Elementary to NC, sets a precedence for similar development patterns that serve to promote and
protect neighborhood character." This is untrue. The area next to Butterfield Elementary was just recently
rezoned as NC. Outside of that one area, this entire area is zoned as RSF-4. This rezoning will drastically
change the feel of driving up Old Wire from Crossover. Currently, it is a wooded residential area. The zoning of
RSF-4 is what "sets a precedence for similar development patterns that serve to promote and protect
neighborhood character." Please see this image to show the zoning for the surrounding areas as evidence:
e Fintl atltlress or PlacE snare Q : r.,,
Zoning
FO / Zoning
E conlane st RESIDENTIAL SINGLE-FAMILY
O RA
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The compatibility statement continues to state, "The zoning line has been adjusted to follow the 100-year flood
plain and this zoning line makes more sense than the current zoning line and will ensure that the floodplain
would be of minimal impact." Where is the study that has been conducted by a professional to attest that this
statement is true? After multiple conversations with environmentalists, I have been advised that due to the
increase in impervious surfaces in a wooded area with soil that it will absolutely have a major impact on
flooding in an area near already established flood zone hazards.
The compatibility statement also says, "Given the proximity to the Fire Station, Crossover (Regional Link), and
the Niokaska Trail, we feel that this rezoning is supported in a multitude of ways and will not adversely impact
vehicular patterns." Has Jorgensen and Associates contracted a traffic engineer to verify that this statement is
true? Based on my personal experience living next to the property in question, there is already substantial
traffic during commuter times on Old Wire.
In conclusion, I urge you to reconsider the proposed rezoning of 2910 N Old Wire Rd from RSF-4 to NC. I
believe that this development will create additional traffic strain on the area, negatively impact the environment,
does not align with the City of Fayetteville's "Vision 2050", and the area simply does not have the infrastructure
established to support such a drastic change. Thank you for your time and consideration.
Sincerely,
Mary Anne Kull
2840 N Raintree Dr
makuII1017&gmail.com
501-773-1278
Iti
RZN-2023-0004
One Mile View
2910 N OLD WIRE RD
0 0.13 0.25 0.5 Miles
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February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 17 of 20
RZN-2023-0004 2910 N OLD WIRE RD
Close Up View
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0 75 150 300 450 600
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February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 18 of 20
February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Page 19 of 20
RZN-2023-0004
Future Land Use
2910 N OLD WIRE RD
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February 27, 2023
RZN-2023-0004 (VAN SCYOC)
Paoe 20 of 20
Received By Jonathan Curth
04/04/2023
7:09 P.M.
CITY OF
%PFFAYETTEVILLE
ARKANSAS
MEETING OF APRIL 4, 2023
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
DATE: March 31, 2023
CITY COUNCIL MEMO
SUBJECT: Traffic volume and crash data request associated with RZN-2023-0004 (2910
N. Old Wire Rd./Van Scyoc)
At the March 21, 2023 City Council meeting, a request was made for traffic count and crash data
near the proposed rezoning at 2910 N. Old Wire Road (RZN-2023-0004/Van Scyoc). Specifically,
interest was expressed in information to support assessing whether a dangerous traffic condition
exists, or if one may be created or compounded by development under the proposed rezoning.
Accordingly, information was collected from the Fayetteville Police and Public Works
Departments, and the Arkansas Department of Transportation (ArDOT).
Traffic Crashes
Between 2013 and 2023, 140 crashes were documented at the intersections of N. Old Wire
Road/N. Old Missouri Road, N. Old Wire Road/N. Crossover Road, and the segment of N. Old
Wire Road in-between (see attached for detail). In assigning incidents to specific intersections,
the 140 total crashes can be distributed along N. Old Wire Road as follows:
• N. Crossover Road:
71
• N. Old Missouri Road:
24
• N. Azalea Terrace:
7
• N. Oak Bailey Drive:
7
• N. Colette Avenue:
5
• N. Strawberry Drive:
2
• N. Boxwood Drive:
1
• Unassigned:
23
• TOTAL:
140
(intersection closest to subject property)
The most substantial modification to N. Old Wire Road in the 10-year review period is the
installation of a traffic signal at the street's intersection with N. Old Missouri Road. Of the 24
crashes at that location since 2013, two occurred since the signal was installed and activated in
December of 2020.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Traffic Volumes
Average Daily Traffic (ADT), also referred to as mean daily traffic, is the average number of
vehicles that travel through a specific point during a specific time. ArDOT ADT data is available
at three points along Old Wire Road near RZN-2023-0004 (see attached exhibit):
• North E. Township Street (8,100 ADT)
• Between N. Raintree Drive & N. Oak Bailey Drive (8,300 ADT)
• North of E. Skillern Road (1,900 ADT)
While a comparison is possible with the areas' other non -arterial streets, including Rolling Hills,
Township, and Mission, it bears consideration that the routes have widely -varying characters
and roles in the City's network. Mission, for example, is a state highway that connects US 412
from beyond Washington County to downtown Fayetteville. Conversely, Rolling Hills is less than
a mile in length. In between the two, Township is a direct east -west connection between
Crossover and College that serves both residential and commercial traffic. Despite these
distinctions, Mission, Rolling Hills, and Township generally share the two-lane character of Old
Wire, although ADT data indicates higher counts than Old Wire, ranging from 9,200 to 14,000
vehicles.
For additional information, ArDOT offers the Arkansas Crash Analytics Tool (ACAT). Although
ACAT's data is limited to 2017-2021, it includes details such as the crash manner (single -
vehicle, sideswipe, head-on, etc.), lighting conditions (daylight, dawn, dusk, etc.), and severity
(no injury, possible injury, etc.). The dashboard is available through ArDOT's website or directly
through the links below.
httDs://www.ardot.aov/divisions/transportation-Diannina-aoiicv/traffic-safetv/
httDs://experience.arcais.com/experience/l 911 f992cabc484a98f64e7c36c2b262/
Attachments:
• Fayetteville Police Department Crash Data
• ArDOT ADT Counts
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Arkansas Department of Transportation Average Daily Traffic Counts
Old Wire Road
1. North of E. Township Road (8,100 ADT)
2. Between N. Raintree Drive & N. Oak Bailey Dr. (8,300 ADT)
3. North of E. Skillern Road (1,900 ADT)
Approximate Subject Property
Received By Jodi Batker
04/05/2023
10:29 A.M.
Paxton, Kara
From: Batker, Jodi
Sent: Wednesday, April 5, 2023 10:29 AM
To: Jordan, Lioneld; Berna, Scott; Bunch, Sarah; D'Andre Jones; Harvey, Sonia; Hertzberg, Holly; Jones,
D'Andre; Moore, Sarah; Turk, Teresa; Wiederkehr, Mike
Cc: Paxton, Kara; Norton, Susan; Curth, Jonathan; Williams, Kit; Pennington, Blake
Subject: Ordinance to rezone about 15 acres at 2910 Old Wire Road
Attachments: 0289_001.pdf
Good morning, please find attached a memo from Kit regarding the Ordinance to rezone about 15 acres at 2910 Old
Wire Road.
Thank you.
Jodi Batker
Paralegal
113 W. Mountain St., Suite 302
Fayetteville, Arkansas 72701
Telephone: (479) 575-8313
jbatker@fayetteville-ar.gov
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From: City Hall 3rd Floor Color Copier Shared
Sent: Wednesday, April 05, 2023 11:21 AM
To: Batker, Jodi <jbatker@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>
Subject: Attached Image
41
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
City Clerk Treasurer Kara Paxton
CC: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Kit Williams, City Attorney —�
DATE: April 5, 2023
RE: Ordinance to rezone about 15 acres at 2910 Old Wire Road
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Jodi Batker
Paralegal
I would like to further explain and document my response to Council
Member Scott Burna's question about comments attacking the procedure used to
present this rezoning request for your consideration. As you remember, I opined
that the complaints of the lawyer/residents concerning the rezoning application
were insufficient to prevent the City Council from deciding this rezoning
request.
The Unified Development Code in §154.03 Private Parties Zoning
Amendment (A)(3) states that the following information should be presented in
the rezoning application:
"A statement explaining the compatibility of this proposed rezoning
with neighboring property and explaining why the proposed
rezoning will not unreasonably adversely affect or conflict with
surrounding land uses."
Civil Engineers Jorgensen & Associates on behalf of the owner and their
representatives furnished the Statement of Compatibility of rezoning most of the
current Residential -Single Family- four units per acre (RSF-4) to Neighborhood
Conservation (NC). This letter attached to this memo was addressed to and
provided to the Development Services Staff which certainly know that the
allowed uses of RSF-4 and NC are virtually identical and so inherently
compatible to the adjoining RSF-4 neighborhood. Staff also knows that
Neighborhood Conservation allows slightly smaller lots and thus increased
density and also uses build -to zones rather than wider setbacks for RSF-4. The
City Planner who reviewed this letter and its Statement of Compatibility
stamped it "Approved." The City Attorney is the official interpreter of the
Amendments Chapter, and I find this letter satisfies the application
requirements.
Some of the residents also questioned whether proper notice was provided
to the residents concerning the proposed rezoning. Attached is the Adjacent
Property Owner Map as well as the two page listing of first class mailings on
February 7, 2023 to the owners of these parcels. I have also attached a
photograph of the required Public Hearing Notice sign on Old Wire Road next to
the property to be considered for rezoning. These documents establish that the
rezoning applicant fulfilled proper notice requirements.
As the City Council's appointed interpreter of both the Amendments of
Appeals Chapters, my goal has always been to apply common sense to most
requirements in these chapters so that citizens, land owners, and developers can
reasonable be heard by the City Council rather than applying overly strict
requirements which could prevent the City Council from deciding a substantially
proper rezoning request or appeal. The specified time limit for an appeal is the
one requirement that must be strictly enforced for fairness to all concerned.
CONCLUSION
I stand by my statements to the City Council that the Planning
Department's approval of the rezoning application was proper and supported
with required documentation. The three public hearings during which numerous
residents were allowed to address the Planning Commission and then the City
Council prove that notice of this rezoning did occur, and any due process rights
have certainly be afforded to everyone.
I do not support or oppose this rezoning request. However, I do opine that
the City Council has full authority to decide this rezoning request as it
determines what would be in the best interests of Fayetteville.
2
JORGENSEN
+ASSOCIATES
Civil Ent inee!-i x • Survevirn
February 3, 2023
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning at 2910 N Old Wire Road
Dear City Staff;
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
Established 1985
On Behalf of the Owner and their representatives, we are submitting a rezoning request for property located along
2910 N Old Wire, Fayetteville, AR 72703.
A. The current owner of this site is as follows: Nola VanScyoc Revocable Trust (Parcel Numbers 765-
16047-000, 765-13287-000. 765-16043-000.
B. Currently this property is zoned RSF-4 and R-A.
C. This property is surrounded by RSF-4 on the north and west, a portion of P-1 to the south and north,
and section of R-0 to the east.
D. Existing adequate water and sewer are already at this site.
E. We feel the requested rezoning is in line with the goals of the City Plan 2040 where the future land
use calls for a portion of Residential Neighborhood and Natural.
Statement of Compatibility:
This request to rezone a portion of the RSF-4 to Neighborhood Conservation and adjust the R-A
zoning line to match the 100-year floodplain is compatible with neighboring property and will not
unreasonably adversely affect or conflict with surrounding land uses. Within reasonable proximity,
rezoning of the property south of Butterfield Elementary to NC, sets a precedence for similar
development patterns that serve to promote and protect neighborhood character. The zoning line
has been adjusted to follow the 100-year flood plain and this zoning line makes more sense than the
current zoning line and will ensure that the floodplain would be of minimal impact. Given the
proximity to the Fire Station, Crossover (Regional Link), and the Niokaska Trail, we feel that this
rezoning is supported in a multitude of ways and will not adversely impact vehicular patterns.
Reviewed by Donna Wonsower
Planner, Development Services
APPROVED
ADJACENT PROPERTY OWNER MAP
City File No./Name: RZN-2023-0004
CERTIFICATE OF MAILING
I HEREBY CERTIFY THAT A TRUE AND CORRECT COPY OF THE ATTACHED WRITTEN NOTICE WAS PLACED IN
THE U.S. MAIL, FIRST-CLASS, POSTAGE PREPAID THIS_7TH DAY OF_FEBRUARY , 2023 AND
ADDRESSED AS FOLLOWS:
TOUNZEN, MARIVEL
2743 E JUNIPER ST
FAYETTEVILLE
AR
72703
HEWITT, KATHY CARPENTER
9205 DOVE MEADOW DR
DALLAS
TX
75243
HUGHES, JOHN THOMAS & ELEANOR JANE
2756 N RAINTREE DR
FAYETTEVILLE
AR
72703
BROWN, GINGER TRUST
2777 N RAINTREE DR
FAYETTEVILLE
AR
72703
PINTER, BENJAMIN K & CASEY C
2770 N RAINTREE DR
FAYETTEVILLE
AR
72703
KBRB LLC
PO BOX 9046
FAYETTEVILLE
AR
72703
TAKIGIKU,.SUSAN K LIVING TRUST
2778 N RAINTREE DR
FAYETTEVILLE
AR
72703
CASTILLO-REYES, FERNANDO
2793 N RAINTREE DR
FAYETTEVILLE
AR
72703
MOTE, NICK A; STEVENS, ALEXIS E
2811 N RAINTREE DR
FAYETTEVILLE
AR
72703
SHAW, CONNOR B
2784 N RAINTREE DR
FAYETTEVILLE
AR
72703
MARTINEZ, JORGE & LIGIA
2819 N RAINTREE DR
FAYETTEVILLE
AR
72703
KEYS, ROBERT H & JULIE
2792 N RAINTREE DR
FAYETTEVILLE
AR
72703
WASHABAUGH, J WESLEY & ROXANNE
2825 N RAINTREE DR
FAYETTEVILLE
AR
72703
CROUCH, ROBERT E & MICHELE L
2816 N RAINTREE DR
FAYETTEVILLE
AR
72703
FREEMAN, NICOLE M & MICHAEL S
2839 N RAINTREE DR
FAYETTEVILLE
AR
72703
SILANO, MARK M; SILANO, BLYTHE JANE
2824 N RAINTREE DR E
FAYETTEVILLE
AR
72703
PARK, DEBBIE LEE
2851 N RAINTREE DR
FAYETTEVILLE
AR
72703
KULL, ANDREW DALLAS & MARY ANNE
2840 N RAINTREE DR
FAYETTEVILLE
AR
72703
TIFFANY, KALILA L
2830 N STAGECOACH DR
FAYETTEVILLE
AR
72703
EDENS, ERNEST E
5891 W WHEELER RD
FAYETTEVILLE
AR
72704
MELLOTT, JOSHUA L REVOCABLE TRUST
2905 N OLD WIRE RD
FAYETTEVILLE
AR
72703
DEITCHLER, MAX R
2924 N OLD WIRE RD
FAYETTEVILLE
AR
72703
BROWN, MATTHEW A & AMBER N
2916 N BLUEBERRY LN
FAYETTEVILLE
AR
72703
YATES, GEORGIA ANN
2940 N BLUEBERRY LN
FAYETTEVILLE
AR
72703
SPURLOCK, SHAWN D & STACEY L
3066 N STRAWBERRY DR
FAYETTEVILLE
AR
72703
10652 FRAKER MOUNTAIN
CREED, SETH T
RD
WEST FORK
FAYETTEVILLE
AR
AR
72774
72701
KIRBY FAMILY TRUST
448 N LIMESTONE DR
WALKER, LARRY H & ANDREA
2809 N CROSSOVER RD
FAYETTEVILLE
AR
72703
VAN SCYOC, NOLA REVOCABLE TRUST
2910 N OLD WIRE RD
FAYETTEVILLE
AR
72703
SHORT, JIM & REBECCA
PO BOX 988 -
SALEM
AR
72576
CITY OF FAYETTEVILLE
113 W MOUNTAIN ST
FAYETTEVILLE
AR
72701
WALKER, LARRY H & ANDREA N
2809 N CROSSOVER RD
FAYETTEVILLE
AR
72703
WRIGHT FAMILY TRUST
2763 N CROSSOVER RD
FAYETTEVILLE
AR
72703
CARDEN, CHERYL PIEPER
2913 N OLD WIRE RD
FAYETTEVILLE
AR
72703
RADLER, DWIGHT D & LULONG
HAMPTON, SHARON LYNN ADLER
MEINECKE, JAMES I & DONNA M
MEINECKE, JAMES I & DONNA M
NELMS, DENNIS E & FREE, FRAN B
JOHNSON, WINDSOR
MARKER DEVELOPMENT LLC
PARKER INVESTMENTS LLC
PICKUS, KATHERINE
HYATT, DANA R
SAYRE, MARIBETH PREWITT
WERNER, NICOLAS C; WOOD, CASEY
DANIELLE
ADAMS, REED & ANNA GRACE
SOMERVELL, DONALD & HELINA
CITY OF FAYETTEVILLE
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
CURRENT RESIDENT
A EJOR6ENSEN
CITY FILE NO. /NAME: RZN-2023-0004
4546 JEAN LN
FAYETTEVILLE
AR
72704
2880 N CROSSOVER RD
FAYETTEVILLE
AR
72703
2932 N BROOKBURY XING
FAYETTEVILLE
AR
72703
2932 N BROOKBURY XING
FAYETTEVILLE
AR
72703
2870 N CROSSOVER RD
FAYETTEVILLE
AR
72703
4034 N OLD WIRE RD
FAYETTEVILLE
AR
72703
PO BOX 8951
FAYETTEVILLE
AR
72703
P 0 BOX 8951
FAYETTEVILLE
AR
72703
2964 N OAK BAILEY DR
FAYETTEVILLE
AR
72703
2972 N OAK BAILEY DR
FAYETTEVILLE
AR
72703
2983 N OLD WIRE RD
FAYETTEVILLE
AR
72703
2979 N OLD WIRE RD
FAYETTEVILLE
AR
72703
2971 N OLD WIRE RD
FAYETTEVILLE
AR
72703
14633 LOCUSTWOOD LN
SILVER SPRING
MD
20905
113 W MOUNTAIN ST
FAYETTEVILLE
AR
72701
2769 N RAINTREE DR
FAYETTEVILLE
AR7
72703
2785 N RAINTREE DR
FAYETTEVILLE
AR 1
72704
2850 N OLD WIRE RD
FAYETTEVILLE
AR
72705
2901 N OLD WIRE RD
FAYETTEVILLE
AR
72706
2923 N OLD WIRE RD
FAYETTEVILLE
AR
72707
2955 N OAK BAILEY DR
FAYETTEVILLE
AR
72708
2961 N OAK BAILEY DR
FAYETTEVILLE
AR
2916 N OLD WIRE RD
FAYETTEVILLE
AR
_72709
72710
3014 N OAK BAILEY DR
FAYETTEVILLE
AR
72711
CERTIFICATE OF SIGN POSTING
1, Blake Jorgensen, attest that the above sign was posted on 2.6.23 adjacent to
Old Wire Road.
of person completing the sign posting)
City File No./Name: RZN-2023-0004
Received By Jonathan Curth Date: 041223 Time: 8:42 A.M