(Flyer photo, File)Agenda highlights
Approved:
- Ratifying a member appointment to the A&P Commission.
- Adding a full-time city staff position to the Department of Economic Vitality.
- Accepting a grant from the Arkansas Historic Preservation Program for a historic context statement for the University Heights and Haskell Heights neighborhoods.
- Rezoning 1.71 acres southeast of North Gregg Avenue and West Elm Street.
- Authorizing the city’s participation in a federal block grant program.
- Rezoning 0.48 acres on Wood Avenue.
- Rezoning 0.25 acres on Willow Avenue.
Held until the next meeting:
- Rezoning 14.7 acres on Old Wire Road.
Listed below are all the items up for approval and links to PDF documents with detailed information on each item of business.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, April 4, 2023 inside City Hall in Room 219. The meeting is also available on Zoom and is broadcast live on the city’s YouTube channel.
Roll call
Present: Sonia Harvey, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
City Council Meeting Presentations, Reports and Discussion Items
1. Advertising and Promotion Commission Appointment Ratification
– Pass 8-0
The commission recommends Katherine Kinney for appointment.
2. Monthly Financial Report
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 March 21, 2023 City Council meeting minutes.
– Pass 8-0
2. WER Northwest Arkansas, PLLC (Details): Aresolution to approve a professional architectural services agreement with WER Northwest Arkansas, PLLC, pursuant to RFQ #22-10, in the estimated amount of $39,000.00 for full architectural design services related to multiple city facilities improvements.
– Pass 8-0
3. Additional FTE Position and Budget Adjustment for Department of Economic Vitality (Details): A resolution to authorize the addition of a full-time equivalent position to the Economic Vitality Department, and to approve a budget adjustment.
– Pass 8-0
4. Stribling Equipment (Details): A resolution to waive competitive bidding and authorize the purchase of inspection and repair services from Stribling Equipment to inspect and repair various equipment as needed through the end of 2023.
– Pass 8-0
5. Williams Tractor, Inc. (Details): A resolution to approve the purchase of a Bobcat S64 Skid Steer from Williams Tractor, Inc. in the amount of $53,036.30, plus any applicable sales taxes and freight charges, pursuant to a Sourcewell cooperative purchasing contract, and to approve a budget adjustment.
– Pass 8-0
6. Downeaster Manufacturing (Details): A resolution to waive competitive bidding and accept a quote in the amount of $41,043.72 plus any applicable taxes and freight charges, for the purchase of four salt spreaders from Downeaster Manufacturing for use by the Transportation Department.
– Pass 8-0
7. Arkansas Municipal Equipment (Details): A resolution to accept a quote in the amount of $628,709.11 plus any applicable taxes and freight charges from Arkansas Municipal Equipment for the purchase of one Peterbilt refuse truck and one Freightliner refuse truck, pursuant to a Sourcewell cooperative purchasing contract.
– Pass 8-0
8. Contract Amendment DFI Technologies (Details): A resolution to approve an amendment to the contract with DFI Technologies, Inc. to provide for the purchase and warehousing of envelopes in an amount not to exceed $42,037.00 in 2023.
– Pass 8-0
9. Contract Amendment GTS, Inc (Details): A resolution to approve Amendment 1 to the contract with GTS, Inc. in the amount of $59,406.31 to provide for additional materials testing services for the Replacement Parking Deck, and to approve a budget adjustment – 2019 Cultural Arts Corridor Bond Project.
– Pass 8-0
10. Arkansas Historic Preservation Program (AHPP) Grant (Details): A resolution to authorize Mayor Jordan to sign a grant agreement accepting a Certified Local Government grant through the Arkansas Historic Preservation Program in the amount of $20,370.00 for the preparation of a historic context statement for the University Heights and Haskell Heights neighborhoods, and to approve a budget adjustment.
– Pass 8-0
11. Creamer Pilot Services, LLC Lease Agreement (Details): A resolution to approve a three-year lease agreement with Creamer Pilot Services, LLC for office space in the airport terminal building and corporate hangar space at 4500 South School Avenue for rent in the amount of $5,411.60 per month.
– Pass 8-0
12. 2023 MS4 Education Agreement (Details): A resolution to approve a one-year contract with the Northwest Arkansas Regional Planning Commission in the amount of $41,812.00 for a stormwater education program for 2023 to satisfy portions of the NPDES Phase II stormwater permit requirements.
– Pass 8-0
Unfinished Business
1. RZN 23-002: (SE of N. Gregg Ave and W. Elm St/Legacy Ventures LLC, 367) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 23-002 located southeast of North Gregg Avenue and West Elm Street in Ward 2 for approximately 1.71 acres from RSF-4, Residential Single Family, 4 units per acre to RI-12, Residential Intermediate, 12 units per acre and RI-U, Residential Intermediate-Urban.
– Pass 6-2
The properties are immediately southeast of the intersection of Gregg Avenue and Elm Street. The site is composed of two lots, and there are no existing structures on the property.
Both city planners and the Planning Commission recommend approval.
Location:
March 7 Discussion:
Two people spoke in opposition to the request.
Wiederkehr said 22 people attended a meeting on the property on Monday, and they would rather the property remain in its current zoning. They were also worried about water runoff, he said.
Turk said she won’t support an increase in density for that area, so she’ll vote against.
The council agreed to leave the item on the first reading. The discussion will continue on March 21.
March 21 Discussion:
The applicant has offered a Bill of Assurance that the southeast corner of the development would be limited to single-family homes no taller than two stories. The council voted 8-0 to add the Bill of Assurance to the ordinance.
Several neighbors spoke in opposition during public comment.
Bunch said the Bill of Assurance is a good step in working with the neighbors towards a compromise. She said a lot of the issues neighbors sometimes have with drainage and other concerns can be settled in the large-scale development process, which is another step the developer must go through – including Planning Commission approval – before building.
Turk said the city’s drainage codes are not sufficient in her opinion. She said she’s worried about drainage in the area, and said she likely won’t support the request.
Berna said he can understand the neighbors’ apprehension, but the developer’s track record should be considered along with the city’s built-in system of checks and balances before a decision is made. He suggested holding the item for another two weeks since the Bill of Assurance was only offered today.
The council agreed to leave the item on the second reading. The discussion will continue on April 4.
April 4 Discussion:
The applicant has offered an amended Bill of Assurance that the entirety of the development would be limited to homes no taller than two stories. As previously approved, the southeast corner will be limited to single-family detached homes. The council voted 8-0 to accept the Bill of Assurance.
During public comment, two people spoke in favor and three people spoke against with some suggesting the RI-12 area instead be rezoned to RSF-8.
Wiederkehr said he’s interested in hearing more about the neighbors’ suggestion that the proposed RI-12 area instead be rezoned to RSF-8.
Turk asked how many units could theoretically be built under RI-12 versus RSF-8. Staff said under RI-12, nine single-family homes could be built or 12 cluster homes, and under RSF-8, it would be six single-family homes or up to 16 cluster homes if a conditional use permit is later obtained.
City Attorney Kit Williams warned the council that if they instead rezone the property to RSF-8 instead of the RI-U that is proposed by the applicant, then the Bill of Assurance would not be included.
Moore said she trusts the city’s codes and the developer to responsibly build on the property and she’ll support the applicant’s request. Bunch agreed and said her opinion is also based on the concessions that the developer has made after listening to the neighbors.
Turk said the effort the developers and neighbors took toward a compromise should be commended, but she’s still concerned about drainage in the area and would much rather see RSF-8 instead of RI-12 so she won’t support the request.
Decision:
The council voted 6-2 to approve the ordinance. Wiederkehr and Turk voted against.
2. RZN 23-004 (2910 N. Old Wire Rd./Van Scyoc, 255) (Details)
An ordinance to rezone the property described in rezoning petition RZN 23-004 located at 2910 N. 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.
– Left on the second reading
The property is about 700 feet west of the intersection of Crossover Road and Old Wire Road, and with the exception of one single-family house, the three parcels are undeveloped. The entire property is covered with extensive tree canopy, and 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.
The applicant would like to shift the alignment of the existing Residential Agriculture zoning district to follow the boundary of the 100-year flood line, and to rezone the remainder of the property to Neighborhood Conservation.
Staff said the requested zoning district would be compatible with the surrounding context and is consistent with the goals in City Plan 2040. The existing and proposed zoning districts have similar allowable uses, but NC includes urban form setbacks rather than traditional setbacks. Rezoning from RSF-4 to NC would increase the density cap from 32 to 95 units, but future development would still be subject to minimum parking requirements, tree preservation, drainage, and access management standards.
Both city planners and the Planning Commission recommend in favor of the request.
Location:
March 21 Discussion:
During public comment, five people spoke in opposition to the request.
Berna said the council has seen numerous emails and phone calls in opposition to the proposal. He said he’d like to make sure the council takes its time in considering the project given the size of the property.
The council agreed to leave the item on the first reading. The discussion will continue on April 4.
April 4 Discussion:
Berna said he lives near the property and was initially highly concerned about the potential traffic increase a development might cause. However, after studying the application and learning about the traffic history, he’s less hesitant but still a bit torn on a decision.
The council agreed to hold the item on the second reading. The discussion will continue on April 18.
New Business
1. Acceptance of grant from HUD (Details)
A resolution to authorize acceptance of a grant from the U.S. Department of Housing and Urban Development in the amount of $512,642.00 for the Home Investment Partnerships Program, to approve a city match in the amount of $237,358.00, and to approve a budget adjustment.
– Pass 8-0
This proposal is to authorize the city’s participation in the HOME Investment Partnerships Program, a federal block grant program that provides funding for affordable housing activities for low-income households.
The city has qualified as a participating jurisdiction for the first time ever, but the allocation does not meet the $750,000 participation threshold for first-time participants. Therefore, city staff are seeking funding approval for the amount of $237,358.00 to enable the city to receive HOME funding annually moving forward. The proposal will recognize the HOME funding revenue amount of $512,642 and move $237,358 from the city’s General Fund into the Community Development Fund for the city match.
Discussion:
There was no public comment.
Decision:
The council voted 8-0 to approve the resolution.
2. RZN 23-006: Rezoning (920 S. Wood Ave./Mahoney, 563) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 23-006 located at 920 South Wood Avenue in Ward 1 for approximately 0.48 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
– Pass 8-0
This property is in south Fayetteville on the east side of Wood Avenue about 300 feet north of the street’s intersection with McClinton Street. It contains one parcel totaling 0.48 acres and is currently developed with one single-family home that was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and received its current zoning designation of NC, Neighborhood Conservation, as a result of that plan in 2008.
City planners believe that the proposed rezoning is compatible with the surrounding area as the land uses in the immediate vicinity are primarily residential and the property is directly adjacent to single-family dwellings, duplexes, and a multi-family dwelling. RI-U would allow for a greater variety of residential uses and densities by right, including single- to four-family dwellings with no stated density limitation. Additionally, conditional uses including cultural and recreational facilities, limited businesses, and multi-family dwellings, may also be suitable on the site, staff said, subject to further review to determine full compatibility.
The Planning Commission voted 9-0 to recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
3. RZN 23-005: Rezoning (514 S. Willow Ave./ Collins, 524) (Details)
An ordinance to rezone that property described in Rezoning Petition RZN 23-005 located at 514 South Willow Avenue in Ward 1 for approximately 0.25 acres from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
– Pass 8-0
City planners found that the request for rezoning is compatible with the surrounding context, and said the neighboring properties have a variety of sizes but generally follow a typical lot and block development pattern. The existing and proposed zoning districts have similar allowable uses, but RI-U has more uses allowed by right. Both existing and proposed zoning designations are residential districts with urban form setbacks that are consistent with the existing pattern in the neighborhood. Rezoning to RI-U would remove the density limitation, allowing for up to two units to be built on the roughly 0.2-acre property. Any future development would be subject to minimum parking requirements, tree preservation, drainage, and access management standards. Additionally, rezoning to RI-U would reduce side and rear setbacks for non-single and two-family dwelling uses, increasing the buildable area on the site. While NC zoning allows two-family, three and four-family, and cluster housing developments by conditional use, RI-U allows for these by right. RI-U requires a minimum 18-foot lot width and no minimum lot area for residential uses, while both NC and RI-U have up to a three-story height limit.
The Planning Commission voted 9-0 to recommend approval of the request.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted unanimously to approve it.
Meeting duration
This meeting lasted 2 hours and 28 minutes, and was adjourned at 7:58 p.m.
