LIVE UPDATES: Fayetteville City Council recap: June 20, 2017

File photo

On the agenda

  • Rezoning 0.53 acres on South Cherry Lane.
  • Rezoning 0.31 acres on South College Avenue.
  • Creating a new zoning district, Urban Thoroughfare Light.
  • Razing and removing a home on West Nonnamaker Drive.
  • Adding ‘Shopping Goods’ as a permitted use to zoning districts I-1 and I-2.

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A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, June 20, 2017 inside room 219 of City Hall, located at 113 W. Mountain St. in Fayetteville.

Listed below are the items up for approval and links to PDF documents with detailed information on each item of business.

Roll Call

Present: Adella Gray, Sarah Marsh, Matthew Petty, Mayor Lioneld Jordan, Justin Tennant, Sarah Bunch
Absent: Mark Kinion, John La Tour, Alan Long

» View current attendance records

Agenda Additions

1. Transportation Alternatives Program Grant (Details): A resolution to express the willingness of the City of Fayetteville to apply for and utilize federal-aid funds in an amount of up to $280,000 for the installation of lighting along Cato Springs Trail.
Pass 5-0


Consent items are approved in a single, all-inclusive vote.

1. Approval of the June 6, 2017 City Council Meeting Minutes
Pass 5-0

2. Police Department Donation Revenue (Details): A resolution to approve a budget adjustment in the total amount of $7,700.00 recognizing donation revenue to the Fayetteville Police Department.
Pass 5-0

3. Certified Local Government Grant (Details): A resolution to approve a grant agreement with the Arkansas Historic Preservation Program for a Certified Local Government Grant in the amount of $14,291.00, and to approve a budget adjustment.
Pass 5-0

Public Hearing

1. Raze and Removal 265 W. Nonnamaker Drive (Details): A resolution to order the razing and removal of a dilapidated and unsafe structure on property owned by Harold and Rosetta Harmon located at 265 W. Nonnamaker Drive in the City of Fayetteville, Arkansas, and to approve a budget adjustment.
Pass 5-0

Notes: The applicant on May 16 requested the item be tabled to allow him time to take care of the issue. City staff on June 6 said a recent visit to the home showed that while a few repairs had been made, the home still did not meet even the minimum standards of inhabitability as dictated by city code.

Aldermen on June 6 voted 5-3 to give the owner two more weeks to remedy the situation.

The council voted to raze and remove the home. The owner was not present for the discussion tonight, but arrived after the item was concluded. City Attorney Kit Williams said the owner has 30 days to petition the council to reconsider if he’s made improvements and would like the council to know.

Unfinished Business

1. RZN 17-5772 (810 S. Cherry Ln./ Sweetser Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5772 for approximately 0.53 acres located at 810 S. Cherry Lane from RSF-4, Residential Single Family, 4 units per acre to RMF-24, Residential Multi-family, 24 units per acre.
Pass 5-0

Notes: Alderwoman Marsh on June 6 said she was disappointed the applicant didn’t propose a zoning that encourages more density – possibly with some commercial activity – and suggested leaving the item on the second reading.

Dave Jorgensen, who represents the applicant, said Marsh’s idea was considered, but the applicant decided to keep the request entirely residential.

2. RZN 17-5776: (1320 S. College Ave./Sugarland Properties) (Details): An ordinance to rezone that property described in rezoning petition RZN 17-5776 for approximately 0.31 acres located at 1320 S. College Ave. from NC, Neighborhood Conservation to RI-U, Residential Intermediate, Urban.
Left on the second reading

Notes: The applicant requested the item be left on the first reading on June 6.

Alderman Petty said he would be recusing himself from the discussion and vote because he was at one time associated with the project. Petty said he no longer has any interest in the project, but wanted to recuse himself anyway.

Keaton Smith, who is representing the applicant, said the request is for RI-U so the property owner can build four smaller, more affordable homes on the land instead of two larger homes.

A neighbor who recently went under contract to buy the home directly south of this property, said he was in favor of the proposal. He said he thinks it would be better for the neighborhood to have more affordable housing.

Rob Sharp, a local architect, said he is also in favor of the rezoning because the neighborhood needs more affordable small housing.

With Petty’s recusal, the item could not be advanced to the third reading.

3. Amend UDC and Rezone – RZN 17-5713 (College Ave. from North St. to Maple St.) (Details): An ordinance to amend the Unified Development Code to create a new zoning district, Urban Thoroughfare Light; UT-L and to change or amend definitions of “building height” and “stories.”
Tabled 5-0

Notes: Amended on June 6 to reduce the action to only include the creation of a new zoning district without actually rezoning any lots along College Avenue.

Alderman Petty suggested tabling the item and sending it to the Ordinance Review Committee for further discussion.

The committee met on June 19 (read the minutes) and will meet again in July to continue its discussion. Aldermen are expected to table the item tonight, possibly until August.

New Business

1. Amend UDC 161.28 and 161.29 (Details): An ordinance to amend §§ 161.28 District I-1, Heavy Commercial and Light Industrial and 161.29 district I-2, General Industrial to add use unit 16, Shopping Goods as a permitted use.
Pass 5-0

Notes: A medical marijuana cultivation facility is expected to be built in south Fayetteville in an area zoned for industrial use. Current city code does not allow retail pharmacies or drug stores in industrial areas. City staff said it may be desirable for dispensaries to be in close proximity to cultivation facilities, so they’re suggesting allowing commercial activity in industrial areas. According to a staff memo, a similar proposal was recently approved by the City of Fort Smith.

City Attorney Kit Williams said there are state laws that require dispensaries to be a certain distance away from some institutions, like schools. Williams said allowing retail in industrial districts would guarantee a place for dispensaries to locate within the city limits.

Alderman Petty said while the council is considering business activity in industrial zones, he’d like to see use unit 13 “Eating Places” added to industrial zones.

“If a diner or something like that thinks that they can survive on the lunch traffic of our commerce district or another industrial area, I would be in favor adding that as a use unit by right to those industrial districts,” Petty said.

Eating places are already allowed in I-1 but not I-2. Alderwoman Marsh motioned to amend the ordinance to include eating places in I-2. The amendment passed unanimously, as did the ordinance itself.


– Crews are scheduled to soon begin removing 19 established sycamore trees on the east side of the paved trail that runs along the dam between the marina and spillway bridge. City staff said the trees pose a threat to the integrity of the dam, and must be removed.


This meeting was adjourned at 6:02 p.m.