LIVE UPDATES: Fayetteville City Council recap: Dec. 17, 2019

Nominees:
Active Transportation Advisory Committee: Kenton Ford Laughlin, Nathan Eikenberry
Airport Board: David Hopper
Animal Services Advisory Board: No applicants
Audit Committee: Charles JF Leflar
Construction Board of Adjustments and Appeals: No applicants
Energy Improvement District No. 1: Anthony Miletus Callahan-Barile, Josh Carson
Environmental Action Committee: Lincoln Combs
Housing Authority Board of Commissioners: Melissa Terry
Parks and Recreation Advisory Board: Shay Hopper, Hugh Kincaid, Stephen Sheely
PEG Advisory Board: No applicants
Planning Commission: Jimm Garlock
Urban Forestry Advisory Board: Eric Boles, Will Dockery

Discussion:
Marsh asked about Jimm Garlock, and why he was nominated since she believes he – as a pharmaceutical representative – is one of the least qualified candidates.

Turk said the committee nominated Garlock because he is in Ward 4 and there are no other members in that ward. She said the term is only for three months, and said it would be nice to have some diverse representation on the committee at this time.

Marsh said she won’t support the full nominee report if Garlock is included.

Decision:
The nominees were approved 5-3. Marsh, Petty and Scroggin voted against.

Background:
This request was left on the second reading at the Dec. 3 meeting.

The property is at the corner of West Hendrix Street and North Addington Avenue, and include one single-family home built in 1951.

The applicant told city staff they would like to build up to four single family homes as a cluster housing development or four townhouses with a conditional use permit.

Both the Planning Commission and city staff recommend approval of the rezoning request.

Location:

Nov. 19 Discussion:
Two people spoke against the request and said it would break the character of the neighborhood by allowing more density. Kinion agreed.

Marsh said the area is close to transit stops, retail stores, services and restaurants. She said it’s the exact type of area where the city should encourage an increase in density and walkability. Scroggin agreed.

Turk said she thinks the integrity of the neighborhood is slowly being destroyed, especially with the new nearby multi-family complex behind Harps. She said one increase in density leads to another, and if the city continues down this path, she thinks every neighborhood around the university will one day have very small homes instead of what’s currently there. She said she won’t support the request.

Smith said he doesn’t see this as being out of character with the neighborhood, which already has many small homes. He said he is concerned about tree preservation and stormwater runoff in the area, though. He said he’d like some time to think more about this and visit the area before deciding.

Bunch said there are currently some drainage issues is the area, and she also has some concerns about the potential removal of trees in the neighborhood if this property is rezoned and developed. She said she’d also like to tour the area.

Marsh said this rezoning request has no effect on trees or stormwater, as neither the current or proposed districts are restricted by those regulations.

City staff said if the applicant decides to build cluster housing and is issued a conditional use permit to do so, that project would fall into the small-scale development category and would be subject to both stormwater and tree preservation regulations.

The council agreed to leave the item on the first reading. The discussion will continue on Dec. 3.

Dec. 3 Discussion:
One person who spoke against the proposal said there is a nearby property that was incorrectly zoned RI-12 by a city clerical error and then built upon, and that the property should not be used to justify whether this requested rezoning is appropriate.

Five other people spoke against the rezoning, most who said added density would damage the integrity of the existing neighborhood.

Scroggin said since the applicant is not present, he’d like to hold the item on the second reading. The council agreed. The discussion will continue on Dec. 17.

Dec. 17 Discussion:
Petty asked city staff if they would be in support of the requested rezoning if the above mentioned clerical error had not been made and the nearby property then been built upon. Staff said yes, they would still recommend approval of the request.

Nine people spoke in opposition to the request. Most cited concerns about a potential increase in traffic or stormwater runoff, loss of tree canopy, and the increased density that RSF-8 would allow. One person said she’d prefer the property to stay RSF-4 and to encourage the applicant to go through the conditional use permit process if they’d like to build more than two homes – possibly through the city’s cluster housing option.

Kinion said he’ll side with the neighbors and vote against the request. He said the neighborhood has a long history and a deep social fabric. If approved, it would be “overfill not infill.”

Marsh disagreed, and reiterated her stance from a month ago. She said the property is near transit stops, shops and restaurants, and that it’s the perfect area to introduce a gradual increase in density.

Scroggin agreed with Marsh, and said he’d vote in support.

Smith said he’s on the fence when it comes to this decision. He said he doesn’t believe the neighbors’ fears are necessarily justified, but said he likes the idea of the applicant instead seeking a conditional use permit for cluster housing.

Gutierrez said the area already has drainage issues, and that she’ll vote against the request.

Bunch said she’s undecided. While she agrees with Marsh’s reasoning that the area is primed for an increase in density, she said she’s worried about the tree canopy and stormwater runoff, and understands where the neighbors are coming from.

Petty said neither zoning district protects the tree canopy. He said it’s unrealistic to believe that the applicant would pursue cluster housing when they could already take the easier route to build a large home and sell it for top dollar under the current zoning district. He said he doesn’t see enough difference between the two zones other than the fact that this property would allow one additional home with the requested change. He’ll vote in favor.

Turk said rezoning this property could start a domino effect that would endanger the stability of the neighborhood. She won’t support the request.

Decision:
The council voted 5-3 to approve the ordinance. Gutierrez, Kinion and Turk voted against.

Background:
This item was tabled at the Dec. 3 meeting.

This resolution is to adopt City Plan 2040, including the Future Land Use Map, the Master Street Plan, and the Active Transportation Plan Map.

Dec. 3 Discussion:
Some residents are here tonight with concerns about a planned trail through the Brooks-Hummel Nature Preserve behind Evelyn Hills Shopping Center. It would run from Mission Boulevard near North Street along Sublett Creek to the intersection of North College Avenue and Poplar Street. It’s a fairly flat route surrounded by steep topography, so staff believe it’s primed for a trail corridor, but some are worried about the impact a trail would have on the preserve. City staff said the trail isn’t scheduled for construction for at least the next 5-6 years, so they’ve designated it as an “alignment study area” to try and find a plan that suits everyone.

Here’s a map of the proposed Sublett Creek Trail:

Smith moved to table the resolution for two weeks. Scroggin seconded.

The council voted 7-0 to table the item until Dec. 17.

Dec. 17 Discussion:
Kinion and Marsh said they need more time to consider the proposal. Marsh suggested tabling the resolution for at least a month.

Petty said he wouldn’t vote to table the entire plan. He said the Master Street Plan is fairly urgent in that there are developments coming that should be subject to the plan.

During public comment, the conversation was focused on the proposed Sublett Creek Trail.

Five people spoke against the trail with concerns that it might have a negative impact on the Brooks-Hummel Nature Preserve behind Evelyn Hills Shopping Center (see map above).

Four people spoke in favor of the trail because of the safety and connectivity it would offer, and the positive exposure it could bring to both the preserve and the city.

Scroggin said he’s seen the alternative routes to Sublett Creek Trail and he doesn’t think they’re viable options for an east-west trail connection. He said he believes a trail would bring more attention to the preserve and that it could lead to improvements to the area.

Marsh said a trail that bisects her property in south Fayetteville offers a connection to nature that wasn’t previously available. She said it has led to a more healthy lifestyle, and a trail through the preserve could offer the same benefits.

City Attorney Kit Williams said the Master Street Plan could be split from the agenda item and then voted on separately tonight if the council is interested in making a decision on that plan and then tabling the remainder of the resolution.

Kinion said he can’t responsibly vote on any part of the resolution tonight. He said the council has been overloaded lately, and there hasn’t been enough time to soak up all the information in the plans. Turk agreed.

Kinion first moved to table the entire resolution until the second meeting in January, but Marsh suggested taking up the two transportation plans (Master Street and Active Transportation) on Jan. 7, and then discussing the rest on Jan. 21. Kinion agreed, and revised his motion to do that. The council voted 8-0 to table the resolution and split it per the motion.

Background:
This item was tabled at the Dec. 3 meeting.

This resolution would adopt a work plan to implement the 71B Corridor Plan, which is aimed at improving the corridor’s economic vitality, increasing affordable housing, making it safe and convenient for all modes of travel, encouraging active and healthy living, and creating an attractive front door to Fayetteville’s downtown and adjacent neighborhoods.

Consultants with RDG Planning+Design have completed a detailed parcel-by-parcel analysis of the entire corridor. Over the last several months the consultant has been preparing the final document incorporating comments from the Planning Commission, City Council members, staff, and numerous other stakeholders.

Revisions to the plan over the last few months include many items. Primary new work products include a detailed Regulating Plan that provides the framework for the land development regulations to implement the plan. The Regulating Plan also provides a guide for future zoning, site development, and future policy decisions that correspond directly with the Illustrative plan and Transportation Framework Plan. Another new work product is the Implementation chapter outlining short-term, medium-term, and long-term goals and action steps.

Additionally, the scope of the project was expanded to include a more detailed land use and urban design concept for portions of the South School Avenue segment of the corridor. On September 17, 2019 the City Council voted to accept ownership and maintenance responsibilities for highway 71B from the Arkansas Department of Transportation between the Fulbright Expressways, subject to conditions. This transfer will allow the city approval authority for future improvements to this portion of 71B.

The final draft plan document is posted on the project website at www.fayetteville-ar.gov/3444/71B-Corridor-Plan

The Planning Commission on Nov. 12 unanimously approved the plan, including construction of improvements shown in the plan, as well as rezoning and associated regulating plan to be initiated by the commission.

Dec. 3 Discussion:
The presentation about the plan lasted until about 11:40 p.m.

After the presentation, council member Marsh said she’d like for the Transportation Committee to discuss the plan before it’s approved. Staff said if the council tables the resolution, it could be taken up at the next committee meeting on Tuesday, Dec. 10. Then it could be brought back to the council on Dec. 17.

The council voted 7-0 to table the resolution.

Dec. 17 Discussion:
Marsh said she’d like to consider changing the name of Archibald Yell Boulevard because he was a slave owner.

Petty said he’s ready to pass the resolution tonight and moved to do so. Smith seconded.

Decision:
The council voted 8-0 to approve the resolution.

Background:
This would allow for the purchase of asphalt materials for use by the Transportation Division in 2020, but would require quarterly bids or quotes. Staff said due to the fluctuations in the price of crude oil, local asphalt suppliers cannot feasibly guarantee a fixed price over a 12-month period.

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.

Background:
Staff said recently, two anoxic mixer units tripped out and stopped functioning. The components were shipped to JCI Industries for damage inspections and repair proposals. The inspection reports recommend replacing multiple gearbox components, as well as machining the bearing houses and painting and cleaning the units.

Discussion:
There was no public comment.

Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.

Background:
Both city staff and the Planning Commission recommend approval of the request.

The property currently contains a single-family dwelling. The applicant has not stated specific development intent other than to develop this property for residential use.

Location:

Discussion:
The applicant said the plan is to remove the house and build two new homes on the property.

Turk said she’s worried this is spot zoning. Kinion agreed.

Marsh said it’s across the street from Downtown General properties and is directly on the “Mayor’s Box” where infill is encouraged. Scroggin said it’s surrounded by form-based zonings and while it may have a different name, RI-U in this location isn’t spot zoning.

Decision:
The council advanced the item to the third reading, and voted unanimously to approve it.

Background:
The Seven Hills Homeless Center has provided services to homeless and needy residents in Fayetteville for over 17 years. Seven Hills is a not for profit organization that has relied almost exclusively on private donations for operational funding during that period.

In the 2020 budget, the council approved funding for the 2020 fiscal year to maintain the operations of the day center by Seven Hills in the amount of $113,400. That contractual amount would be paid in monthly disbursements of $9,450 each month beginning in January 2020.

Discussion:
One person spoke in favor of the ordinance.

Decision:
The council advanced the item to the third reading, and voted unanimously to approve it.

Background:
This item was brought forward by Council Member Kyle Smith.

The Cultural Arts Corridor project calls for removal of the parking lot at West Avenue and Dickson Street across from the Walton Arts Center. Mayor Jordan promised he would replace the 298 parking spaces that would be lost with a new parking deck somewhere in the Dickson Street area.

City staff were presented five locations, but narrowed them to three: The privately-owned parking lot at the northwest corner of Dickson and West Avenue that’s home to businesses like Bank of Fayetteville’s train bank and Arsaga’s at the Depot (Depot Lot); the city-owned parking lot next to Kingfish on School Avenue (East Lot); and the property currently home to Nadine Baum Studios across from TheatreSquared

City staff have since removed the Nadine Baum option from the list after City Attorney Kit Williams said there’s no way the site could be used for a new deck without replacing the existing building, which staff have estimated would cost about $8 million. With voters only approving a total of $10 million for the deck, the location simply isn’t feasible, Williams said.

Also, because the city and University of Arkansas jointly own the property and building, Williams said the UA would have to agree to removing the building for a parking deck. He said Mayor Jordan has discussed the idea with the university’s chancellor several times, who “unequivocally” rejected any use of the property for a city parking deck.

Smith’s resolution asks that all three sites still be considered, and that a public discussion of the matter be heard.

“I understand (the Nadine Baum lot) has got challenges, but I think it would be helpful for the public to see those outlined if it ends up not being the way we go, and for everybody to know that we gave it full consideration,” Smith told the council at last week’s agenda-setting session.

Discussion:
Smith said there are obviously many questions about how the Nadine Baum site could be used, and while it may seem like a foregone conclusion that it’s an impossibility to build a deck on the property, he wants to be sure before completely tossing out the idea. He said if this conversation had taken place sooner, the options might not currently be so limited.

Marsh said the council should consider that the Fayetteville Housing Authority has offered to partner with the city to develop the Nadine Baum site, which could lower the city’s cost and include liner buildings with opportunities to build mixed-income housing.

Jordan said it might be best to discuss this resolution along with the next item since they both concern parking deck locations, and the two conversations will most certainly overlap.

See below for the remainder of this discussion.

The council voted 8-0 to table both resolutions until Jan. 7.

Background:
This item relates to the above mentioned potential locations for a new parking deck to replace the parking lot across from the Walton Arts Center.

Mayor Jordan is recommending a deck be built at the 2.4-acre Depot Lot, which is comprised of three parcels with 1.6 acres owned by Greg House’s Fayetteville Depot, LLC and 0.8 acres owned by the Bank of Fayetteville. Both entities have agreed to the sell portions of their property to the city for a combined $350,000 plus a land swap for approximately 0.2 acres on the north end of the planned civic plaza across West Avenue.

Staff said the deck would be built on a footprint that uses 60 existing parking spaces, which would require a 350-space deck to replace the total parking loss. All existing adjacent buildings would remain intact.

Staff said the biggest advantage of the Depot Lot is that it would have the highest redevelopment potential after a deck is built. Multi-story, mixed-use structures, staff said, could be built that could screen the parking deck from the street and provide commercial and residential density with a significant potential for property and sales tax revenue generation.

For more information, see our story from Dec. 16.

Location:

Discussion:
City staff gave their pitch for choosing the Depot Lot.

Staff said without support from the UA, the Nadine Baum site isn’t possible. Staff said even with the university’s support, the Nadine Baum campus would have to be replaced before a deck could be built, which would push the total estimated cost to over $15 million and the bond issue only includes $10 million for the deck project.

Kinion said he feels ambushed by the addition of Jordan’s resolution, and that he’s heard a lot of information for the first time tonight. He said he wished the council could’ve had the discussion about the Nadine Baum site without having to hear a pitch from the city about why it’s off the table. Marsh agreed.

Jordan apologized and said the council can move forward in any manner they’d like. He said he knew people would want to voice their opinions about the Depot Lot tonight when also talking about the Nadine Baum site and figured it would be better if everything was discussed at once.

Scroggin said nothing new has been presented tonight. He said all of the information was presented at last week’s agenda-setting session which is protocol for these meetings. He said the notion that the council has been side-swiped with the administration’s recommendation just isn’t true.

Jordan apologized again, and said he had no intentions of ambushing anybody. He said from the beginning he’s tried to listen to everyone who had any concerns or ideas about this project. He said it was demanded that the deck be built in close proximity to the Walton Arts Center, so he drew a 1,000-foot-radius around the WAC and limited his options to that area. He said he liked the Nadine Baum site, but the university rejected the idea of a deck being built there. When considering the Depot Lot, he said he promised the Arsaga family early on that he would not support any plan that would remove their business. He said people demanded the Train Bank stay, so he included that to the list of requirements as well. He said with an offer on the table to develop the lot without taking any buildings, and with a bond issue passed that requires funding be spent within three years, he thought he had a solid plan that was in everyone’s best interest. He said that’s been his only goal throughout the entirety of this project.

He invited Melissa Terry to speak about the Fayetteville Housing Authority’s offer to partner with the city to develop the Nadine Baum site. He asked how the FHA could help overcome the estimated $8 million cost required to replace the Nadine Baum building if a deck were built there. Terry said sitting down with all interested parties would be the first step in coming up with a solution. That collaborative conversation, she said, has not happened.

The first person to speak said a parking deck in front of Arsaga’s would block its view from West Avenue and potentially damage the business, which is owned and operated by artists, and is exactly the type of establishment that should compliment the Cultural Arts Corridor. Another person said the Depot Lot plan seems to be manufacturing culture by sacrificing the city’s existing organic culture that emanates from Arsaga’s.

Cary Arsaga spoke and he questioned why the city would spend taxpayer money to purchase private land for a parking deck when there’s public land already available in one of the other options (the East Lot on School Avenue). He said he knows the administration’s answer is because the Depot Lot has the highest potential for redevelopment with additional buildings, but he believes that lot will eventually be developed no matter what. “Why subsidize a private developer?” he asked.

Five other people spoke in favor of exploring the Nadine Baum site, including several members of the Fayetteville Housing Authority Board of Commissioners.

Barbara Putman, executive director of the Community Creative Center at Nadine Baum Studios, said her organization would suffer if the Nadine Baum site was chosen. She said the arts center, which offers year-round art events, art camps, professional development and in-school residencies, is right in the heart of the Cultural Arts Corridor and implored the council not to consider a plan that would take their building in exchange for a parking deck.

The council voted 8-0 to table both resolutions until Jan. 7.