Fayetteville Government Channel
On the agenda…
- Rezoning 0.43 acres on MLK Jr. Boulevard.
- Authorizing a recycling company to legally expand.
- Rezoning 0.24 acres on Stone Street.
- Rezoning 1.43 acres on Whillock Street.
- Rezoning 1.85 acres on Huntsville Road.
- Rezoning 0.83 near Hollywood Avenue.
- Annexing 10.25 acres on 54th Street.
- Approving the 2021 millage levy.
- Reducing residential speed limits to 20 miles per hour.
Meeting Info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, Sept. 21, 2021. It is lived streamed on the city’s YouTube channel, and held at City Hall in Room 219, or virtually on the Zoom app.
Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.
Roll Call
Present: D’Andre Jones, Mark Kinion, Mayor Lioneld Jordan, Sloan Scroggin, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: Sonia Gutierrez, Matthew Petty
» View current attendance records
Consent
Consent items are approved in a single, all-inclusive vote unless an item is pulled by a council member at the beginning of the meeting.
1. Approval of the Aug. 24, 2021 Special City Council meeting and Sept. 7 City Council meeting minutes
– Pass 6-0
2. Additional Jet Fuel Purchase (Details): A resolution to approve a budget adjustment in the amount of $413,169.00 to appropriate additional funding for the purchase of jet fuel through the end of 2021.
– Pass 6-0
3. Federal Aviation Administration (FAA) Grant (Details): A resolution to authorize the mayor to sign a construction contract with Emery Sapp & Sons, Inc. in the amount of $5,565,491.44 for the Runway Pavement and Lighting Rehabilitation Project at Drake Field, to authorize the mayor to execute Task Order # 3 with Garver, LLC in the amount of $235,000.00 for construction phase services, to approve a project contingency in the amount of $613,585.44, and to approve a budget adjustment.
– Pass 6-0
4. Arkansas Department of Aeronautics Grant (Details): A resolution to authorize the application for an 80/20 Arkansas Department of Aeronautics grant in the amount of $352,181.75 to fund the rehabilitation of the Fuel Farm.
– Pass 6-0
5. State Drug Crime Enforcement and Prosecution Grant (Details): A resolution to authorize acceptance of a state drug crime enforcement and prosecution grant for state funding of the Fourth Judicial District Drug Task Force in the amount of $91,319.00, and to authorize Mayor Jordan to sign all necessary documents to receive the grant funds.
– Pass 6-0
6. Ozarks Electric Cooperative Corporation and Ozarks Go, LLC (Details): A resolution to authorize Mayor Jordan to convey a 2,494-square-foot general underground utility easement to Ozarks Electric Cooperative Corporation and Ozarks Go, LLC to provide electrical and data service across the western side of Centennial Park.
– Pass 6-0
7. Purchase of New Vehicles (Details): A resolution to authorize the use of existing cooperative purchasing agreements or bids through the Arkansas Office of State Procurement, City of Fayetteville Purchasing Division, or Sourcewell, as well as local dealer matched pricing, for the purchase of new vehicles and options on an as needed basis, and to approve a budget adjustment.
– Pass 6-0
Unfinished Business
1. RZN-2021-056 (2699 W. MLK Jr. Blvd./Abailat, 558) (Details)
An ordinance to rezone that property described in rezoning petition RZN 21-056 located at 2699 W. Martin Luther King Jr. Blvd. for approximately 0.43 acres from C-2, Thoroughfare Commercial and R-A, Residential Agricultural to C-2 Thoroughfare Commercial.
– Fail 0-6
Background:
This item was left on the first reading at the Sept. 7 meeting.
The property is split-zoned C-2 and R-A, and is presently developed with a commercial structure. The entirety of the property is located within either the 100-year floodplain or floodway.
The Planning Commission recommends approval, but city staff recommend denial of the request.
Staff said rezoning the entire property to C-2 will allow for commercial development that is only partially compatible with other uses in the area. City planners said the property is located at an intersection on a prominent commercial thoroughfare within a quarter mile of I-49 which is typically ideal for C-2, but rezoning it would remove density and side setback requirements which may afford future development an opportunity to expand to the southern property line, which is vegetated and located within a FEMA floodplain. Staff said if the property were to be rezoned to C-2, the presence of the floodplain will reduce the development potential of the area unless multiple variances to the Streamside Protection ordinance are granted. Staff said the current R-A zoning district serves the function of limiting development in floodplains to a degree that is appropriate to its sensitive nature. Furthermore, staff said the area acts as a de facto buffer between the heavily commercial corridor and the neighboring single- and two-family residences to the south. Given that any future development of the site is unlikely to meet streamside protection requirements, staff finds the incompatibilities of the proposed rezoning make the request incongruent with natural features present on-site.
Location:
Sept. 7 Discussion:
Gutierrez said she’d like to leave the item on the first reading since the applicant is not present. The council agreed. The discussion will continue on Sept. 21.
Sept. 21 Discussion:
There was no public comment.
Turk said she can’t support development in the floodplain. Scroggin agreed, and said he’d need the applicant to submit a Planned Zoning District application before he’d consider it. Kinion said climate change has made it even more difficult to properly develop in a floodplain.
Decision:
The council advanced the item to the third reading, and voted 0-6 to deny it. Gutierrez and Petty were not present during the vote.
2. Appeal ADM-2021-045 (1236 S. School Ave./Vaughn Recycling) (Details)
A resolution to grant the appeal of council members Sarah Bunch, Holly Hertzberg, and D’andre Jones and approve an amendment to Conditional Use Permit CUP 08-2908 to authorize Vaughn Recycling to legally expand its recycling activities to 1236 S. School Ave.
– Tabled 6-0
Background:
This item was tabled at the Sept. 7 meeting.
The property is on the site of a recycling facility, in which the paved parking area and backyard previously served as vehicle storage.
Earlier this year staff received a complaint that the recycling business was storing multiple trailers in front of the property and that the operation had expanded to 1236 S. School Ave. without a permit. A separate complaint was submitted to the Transportation Division due to dirt and mud being tracked onto South School Avenue. Multiple inspections confirmed the presence of the trailers and expanded footprint of the business. A violation letter was issued in April advising that the business is in violation of its conditional use permit.
The applicant requests to expand their permit to include the added property, stating that their business has grown in recent years due to rising metal prices and they have found it difficult to store their inventory and vehicles without overflowing onto the neighboring property.
Staff said the expansion would be inherently incompatible with the surrounding uses.
The Planning Commission voted 4-4 on the idea, so the request failed.
Location:
Sept. 7 Discussion:
Hertzberg said since the Planning Commission was tied, she wanted to hear the applicant’s side and possibly break the tie. She said the company has been overwhelmed with materials since the pandemic began, and she thinks it’s reasonable to ask for a change with that in mind.
Bunch and Jones said they also sponsored the appeal because they wanted to at least hear more from the applicants.
Scroggin said he hopes the council will table the resolution to allow time to take a closer look at the situation. He said he would like to visit the property before voting. Bunch agreed, and suggesting tabling for two weeks.
Petty said he thinks the council is being lied to and that there’s a history of violations with the applicant that have occurred before the pandemic began. He said the business needs to find a new location if it can’t operate at its current location. He made a motion to approve the appeal, but to revoke the overall permit at the end of the year to give the business time to find a new location. There was no second for the motion.
The council voted 7-1 to table the resolution for two weeks. Petty voted against. The discussion will continue on Sept. 21.
Sept. 21 Discussion:
The applicant asked that this item be held for two weeks.
Scroggin and Bunch said the area seems to be appropriate for the current use. Staff said they agree, but since the business had been operating outside of their allowable use for nearly a decade they couldn’t support the appeal.
The council voted 6-0 to table the ordinance until Oct. 5
New Business
1. Brycer, LLC (Details)
An ordinance to waive competitive bidding and authorize Mayor Jordan to sign a three-year contract with Brycer, LLC to provide third party reporting services for fire protection systems in the City of Fayetteville, pursuant to § 94.06 of the Fayetteville City Code.
– Pass 6-0
Background:
This item allows the Fire Department to purchase third-party software for data compilation pertaining to fire protection systems in businesses and organizations within the city. The use of such as system was approved by the council in June. Springdale and Rogers are in the process of adopting a similar system, according to city staff.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
2. RZN-2021-059 (740 W. Stone St./Apogee Properties) (Details)
An ordinance to rezone that property described in rezoning petition RZN 21-059 located at 740 W. Stone Street for approximately 0.24 acres from RMF-40, Residential Multi Family, 40 units per acre to RI-U, Residential Intermediate-Urban.
– Pass 6-0
Background:
This undeveloped property is just east of Fayetteville High School and the intersection of West Stone Street and South Duncan Avenue. The applicant has stated the rezoning is needed to split the lots to develop smaller scaled residential buildings. The rezone would allow for more flexible density, setback, and bulk and area requirements.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
3. RZN-2021-060 (699 W. Whillock St./Foster) (Details)
An ordinance to rezone that property described in rezoning petition RZN 21-060 located at 699 W. Whillock Street for approximately 1.43 acres from RSF-4, Residential Single Family, 4 units per acre to RSF-8, Residential Single Family, 8 units per acre.
– Pass 6-0
Background:
The property includes two parcels, and is located on the south side of West Whillock Street. One parcel contains a single-family home while the other is currently undeveloped. The area is significantly sloped and located within the Hillside-Hilltop Overlay District. The two parcels to the north were recently rezoned from RSF-4 to RI-12 and RMF-12. The applicant has indicated that the owner is planning to build single-family residences on the property, and the primary reason for the rezoning request is to create flexibility in the bulk and area requirements.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
4. RZN-2021-061 (1428 E. Huntsville Rd./Lasey) (Details)
An ordinance to rezone that property described in rezoning petition RZN 21-061 located at 1428 E. Huntsville Road for approximately 1.85 acres from RSF-4, Residential Single Family, 4 units per acre to RI-U, Residential Intermediate-Urban.
– Pass 6-0
Background:
The property is approximately 0.3 miles west of the intersection of Huntsville Road and Happy Hollow Road. It is currently developed with a single-family home and associated outbuildings. The property slopes up significantly from Huntsville Road, but only a small portion of the northeast corner lies within the Hillside-Hilltop Overlay District. The applicant has not submitted any development plans.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
5. RZN-2021-062 (West of 1000 block S. Hollywood Ave./Fayetteville Associates, Ltd.) (Details)
An ordinance to rezone that property described in rezoning petition RZN 21-062 located west of the 1000 block of South Hollywood Avenue for approximately 0.83 acres from C-2, Thoroughfare Commercial to RI-U, Residential Intermediate-Urban.
– Pass 6-0
Background:
The property has frontage on West Best Way Street and West Parnell Drive. It was platted as Lot 4 of the Fayetteville Center subdivision. It is zoned C-2, Thoroughfare Commercial and undeveloped with few trees on site. The topography of the site is mostly flat with a small ditch present on the west property boundary between the subject property and the strip commercial development. In December of 2020, six parcels neighboring the subject property to the east were rezoned from RSF-4 to CS. The applicant has not submitted an associated development proposal.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Turk said she rides her bike through the area and encouraged city staff to work on a trail overlay plan to prepare for future similar requests on property near the trails.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
6. VAC-2021-023 (793 W. Dickson St./Whiteside St. R-O-W) (Details)
An ordinance to approve VAC 21-023 for property located at 793 W. Dickson Street to vacate portions of alley right-of-way and street right-of-way.
– Pass 6-0
Background:
The applicant proposes to vacate a portion of existing alley and street rights-of-way for West Whiteside Street. A 30-foot utility easement would be dedicated in place of the street right-of- way since there are multiple known utilities in that area.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
7. VAC-2021-024 (959 E. Dogwood Ln./Mosley) (Details)
An ordinance to approve VAC 21-024 for property located at 959 E. Dogwood Lane to vacate a portion of a general utility easement.
– Pass 6-0
Background:
The property owner proposes use of the area for a deck. Given the topography of the property, almost any expansion of the dwelling westward will conflict with easement and be prohibited from permitting.
City planning staff recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
8. VAC-2021-025 (south of 240 E. Rock St./Flowers-Davis) (Details)
An ordinance to approve VAC 21-025 for property located south of 240 E. Rock Street to vacate a portion of a water/sewer right-of-way grant.
– Pass 6-0
Background:
The applicant proposes a vacation of two water and sewer easements, totaling approximately 2,290 square feet (0.05 acres). The applicant intends to develop the property with cottage housing.
City planning staff recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
9. ANX-2021-002 (1287 N. 54th St./Northstar Construction) (Details)
An ordinance to annex that property described in annexation petition ANX 21-002 submitted by Kutak Rock, LLC on behalf of Northstar Construction for property located at 1287 N. 54th Street containing approximately 10.25 acres.
– Pass 6-0
Background:
The property is in west Fayetteville, north of the intersection of West Wedington Drive and North 54th Avenue. It includes a single-family dwelling and four outbuildings. There is currently an active construction/mining site on the northern portion of the subject property. Although largely level, the northern extents of the property, which are excluded from the annexation request, include areas of increasing slope as it nears the Hamestring Creek riparian corridor. The applicant said the annexation would remove an existing peninsula of county property encroaching into city limits.
Both city planning staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 6-0 to approve it.
10. 2021 Millage Levy (Details)
An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas, for the year 2021 fixing the rate thereof at 2.3 mills for General Fund operations, 0.4 mills for the Firemen’s Pension and Relief Fund, 0.4 mills for the Policemen’s Pension and Relief Fund, 2.5 mills for Fayetteville Public Library operations and 1.2 mills for the Fayetteville Public Library Expansion; and certifying the same to the County Clerk of Washington County, Arkansas.
– Left on the first reading
Background:
Each year the council must approve an ordinance to renew the levy of ad valorem taxes on real and personal property within the city. It’s the same amount that has been approved each year since 2016 when voters approved an increase for the library expansion project.
Discussion:
Turk asked if the item could be held on the first reading to give the public more time to look it over. The council agreed. The discussion will continue on Oct. 5.
11. Amend § 71.065 General Speed Restrictions (Details)
An ordinance to amend § 71.065 General Speed Restrictions of the Fayetteville City Code to establish a default speed limit of 20 miles per hour in residential and business districts.
– Left on the first reading
Background:
The city’s current ordinance sets the default speed limit at 20 miles per hour for business districts and 25 miles per hour for residential districts.
A 2019 pilot implementation of 20 mile per hour speed limits on sections of Prospect Street, Trenton Boulevard and Rebecca Street was made permanent based on support from the Active Transportation Advisory Committee.
Recommendations from the League of American Bicyclists, People for Bikes and the 2019 Fayetteville Mobility Plan all advise lowering speed limits to 20 miles per hour on minor residential streets.
The University of Arkansas plans to lower speed limits on and around the main campus in response to a resolution from the Associated Student Government following two fatal pedestrian crashes involving UA affiliates. University staff is awaiting an ordinance change from the city in order to lower the speed limits.
The ordinance change would immediately change the speed limit for streets without posted speed limits. Changing speed limit signs to 20 miles per hour limit on appropriate streets could be accomplished over time with this ordinance change.
In August, the council’s Transportation Committee voted unanimously to support a motion to bring this item to the full City Council for approval.
Discussion:
There was no public comment.
Turk said she also wants to hold this item on the first reading, but Scroggin moved to advance the item to the second reading. That motion failed. The discussion will continue on Oct. 5
12. 3V Development, LLC ADM 21-0057 Appeal (Details)
A resolution to grant the appeal of 3V Development, LLC for ADM 21-0057 and determine that requiring the construction of a sidewalk that conforms to § 171.13 of the Unified Development Code along the properties located at 743, 755, and 769 South Washington Avenue exceeds the rough proportionality of the impact of the development.
– Fail 1-6
Background:
The applicant is building homes at 743, 755, and 769 S. Washington Ave. City staff determined that the applicant must build new sidewalks as part of the development according to Master Street Plan. The Planning Commission upheld staff’s finding.
The applicant seeks to appeal the staff determination, and the subsequent Planning Commission determination that new sidewalks are required to be constructed. The applicant stated that the requirements do not meet the Rational Nexus and Rough Proportionality test, are illegal and bad policy as they go against stated city goals for infill priority.
Both city planning staff and the Planning Commission recommend denial of the request.
Location:
Discussion:
City Attorney Kit Williams said the city is within state law in requiring the construction of sidewalks in front of new developments.
Scroggin said he’s against the appeal. He said the city needs new sidewalks and asking the developer to build sidewalks in front of his new project is reasonable. Bunch agreed and said sidewalks make a street more safe.
Turk said it would set a bad precedent if the council made an exception for this one developer.
Decision:
The council voted 1-6 to deny the appeal. Jones voted in favor.
Adjourned
This meeting was adjourned at 8:10 p.m.
