LIVE UPDATES: City Council Meeting Recap: May 16, 2017

Notes: Mr. Harmon requested the item be tabled to allow him time to take care of the issue.

Notes: This item was tabled at the May 2 meeting to the June 6 meeting, but was added to the May 16 agenda tonight.

Alderman Petty said he didn’t believe the development would be able to pay for the cost of the extension. Alderwoman Marsh said the project would create sprawl. Alderwoman Bunch also expressed concern about sprawl and the cost to the city. Alderman La Tour said if the city doesn’t accept the waste, it will go into the ground which is unsanitary. La Tour was the only council member to vote in favor of the item.

Notes: This item was left on the first reading on May 2.

Residents said the developer has told them that a MJ Pizzeria and coffee shop is planned for the property. According to the business’ Facebook page, MJ Pizzeria is Chef Miles James’ concept of “chef-inspired, fast casual dining, featuring wood-fired pizzas, homemade pastas and craft bar.”

The majority of residents who spoke during the May 2 meeting and tonight were from the adjacent Stonewood subdivision. Most of the residents were against the request, citing concerns about the potential for increased traffic, odors from food preparation, and noise. Others said they bought their homes with the belief that the undeveloped property would only be used for an office, and that the change in zoning would allow business types that they believe could adversely affect their property values.

City Attorney Kit Williams said when the homes were built in the subdivision, the only non-office use allowed (with a conditional use permit) was a restaurant. He said that was changed in 2010 when several other commercial options were added by conditional use. Williams said he has concerns about that fact when considering the argument from residents that they believed commercial activity would be very limited when purchasing their property.

Alderwoman Marsh said the property is on a major roadway and across from a major regional destination in the Botanical Garden of the Ozarks. By rezoning the property to a classification that encourages walkable development with buildings near the street and cars at the back, the council would be setting a precedent already laid out in pieces of the city’s long-term planning goals. She said sticking to City Plan 2030 is the only way to keep major roadways from becoming another North College Avenue.

La Tour said tonight while he is usually in favor of property rights, he will be voting against the rezoning request. He said he believes in variety in the marketplace, and said a quiet neighborhood should remain quiet in order to keep a clear line between residential and commercial areas.

Alderman Tennant said city planners and planning commissioners are both in favor of the request, and that he can’t remember a time when the council ever overturned both of those recommendations. He said if the council votes against the request, that could incite deep concerns about the processes of both city staff and the Planning Commission. He said he’s not a big fan of the current zoning, but he also understands the concerns of the residents who are immediately adjacent to the property when considering the requested zoning classification. However, he said if the property is going to be developed, he would rather see it include buildings that are closer to the street to reduce the chances of that area becoming more like the intersection at Crossover and Mission Boulevard, or even North College Avenue.

Alderman Kinion said it’s true the council has endorsed form-based zoning as its preferred way of growth for Fayetteville, but he said every neighborhood has a different character and he respects that character. Kinion said the neighbors have clearly spoken their desire to keep the property Residential Office, and he will be voting against the rezoning out of respect for the residents.

Alderwoman Gray said it has been a difficult decision. She said she’s experienced the same issues in her neighborhood through the years since moving into her home. Several buildings and homes have been built around her house, she said, and while change is sometimes difficult to endure, such is the nature of owning a home near undeveloped property. She said while many residents are against the rezoning, she’s heard from people who are excited about the possibility of the development. She said she will support the request.

Alderman Petty said the nature of Crossover Road already inherently prevents it from being walkable, but said the rezoning request is “simply better” than the current zoning classification because it’s a better fit and it’s more certain in what it requires and allows. He said the city as a whole has endorsed form-based growth on major corridors and near intersections, and said this is exactly the kind of request he would support without doubt.

Alderwoman Bunch agreed with Petty and said while the rezoning might not be favorable for those residents immediately adjacent to the property, she believes in doing what’s best for the entire city. She said the current zoning could prove to be more detrimental to the neighbors in the longterm, and said the requested change is a better fit.

Alderman Long said he will defer to the Ward 3 council members who are both in support of the request.

Mayor Jordan said while Residential Office may have once been the best buffer between Crossover and the neighborhood, the city’s zoning classifications have since evolved and now include better options for creating both a buffer and encouraging walkable development.

La Tour and Kinion were the only aldermen to vote against the request.

Notes: Alderwoman Sarah Marsh said the project has great economic potential and she looks forward to the creation of new jobs.

Alderman Tennant said he’s a little concerned about the fact that the applicant hasn’t yet been approved to cultivate his product. City staff said the contract is only good through the end of the year, and that if the applicant hasn’t been approved, it will be voided. Tennant said he will likely support the sale, but wishes there was a way to sell the land to another buyer if they come forward before the applicant is approved.

Alderman John La Tour asked the applicant why people need marijuana to treat medical conditions when those conditions have existed for many years without legalized production and dispensing facilities.

Brian Faught, the applicant, said those are not questions for him to answer. Voters in Arkansas – and overwhelmingly in Fayetteville – he said, have voted to legalize medical marijuana and he is here tonight to purchase land for a legal production facility.

Mayor Jordan said Fayetteville’s 65 percent approval of medical marijuana (during the statewide vote) combined with the fact that the land has been empty for 25 years led him to support this sale.

La Tour was the only council member to vote against the sale.

Notes: Alderman Tennant said he’s excited to hear about the possibility of a mixed-use development near the intersection of Crossover and Mission.