(File photo)Approved:
- A contract for consulting services to develop an aquatic feasibility study.
- Authorization to add a temporary short-term rental clerk position for six months.
- Vacating an easement needed for a new 7-story development on Dickson Street.
- Creating a new stormwater utility fee.
- Requiring any project adding one or more residential dwelling units to be subject to parkland dedication requirements.
- Rezoning 1.94 acres on Huntsville Road.
- Rezoning 1.95 acres on Old Wire Road.
- Requiring notification to tenants when changes are proposed to a property.
Held:
- Rezoning 0.90 acres on Mission Boulevard.
- Rezoning 2.9 acres on a full city block near Harmon Field.
- Appropriating $1 million to fund early recommendations of the Housing Crisis Task Force.
Meeting info
A meeting of the Fayetteville City Council began at 5:30 p.m. Tuesday, May 21, 2024 inside City Hall in Room 219. The meeting was available on Zoom and was broadcast live on the city’s YouTube channel.
Listed below are all the items that were up for approval with links to PDF documents containing detailed information on each item of business.
Meeting duration
This meeting lasted 4 hours and 2 minutes, and was adjourned at 9:32 p.m.
Roll call
Present: Bob Stafford, D’Andre Jones, Sarah Moore, Mike Wiederkehr, Mayor Lioneld Jordan, Scott Berna, Sarah Bunch, Teresa Turk, Holly Hertzberg
Absent: None
» View current attendance records
Consent
Consent items are approved in a single, all-inclusive vote without discussion unless an item is pulled by a council member either before or at the beginning of the meeting.
1. Hwy 112 Condemnation – IV Generation Properties (Details): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by IV Generation Properties, LLC needed for the Highway 112 (Garland Avenue) widening project.
– Pass 8-0
2. Hwy 112 Condemnation – Osment Investments (Details): A resolution to authorize the City Attorney to seek condemnation and possession of certain lands owned by Osment Investments, LLC; Dunn & Davis Townhomes, LLC; and Mae Holdings, LLC needed for the Highway 112 (Garland Avenue) widening project.
– Pass 8-0
3. Arkansas Division of Aeronautics – Grant application (Details): A resolution to authorize an application for an Arkansas Division of Aeronautics grant to fund 80% of project costs for a proposed hangar infrastructure improvements project at Drake Field.
– Pass 8-0
4. Water Technology, Inc. – Service contract (Details): A resolution to authorize a contract with Water Technology, Inc. in an amount not to exceed $151,591.00, pursuant to RFQ 24-01, for consulting services to develop an aquatic feasibility study, to approve a project contingency of $5,000.00, and to approve a budget adjustment.
– Pass 8-0
5. Water & Sewer Street Cuts – Budget adjustment (Details): A resolution to approve a budget adjustment transferring additional funds into the Water & Sewer Operations budget to cover the costs of street cuts for the remainder of 2024.
– Pass 8-0
6. Police Impact Fees – Budget adjustment (Details): A resolution to approve a budget adjustment in the amount of $73,395.00 recognizing police impact fees collected through March 2024 for the expansion of Police Department operations to the Entertainment District Police Substation.
– Pass 8-0
7. Temporary Position Request – Short-term rental enforcement (Details): A resolution to authorize the addition of a temporary short-term rental clerk position in the Development Services Department for a term of six months for proactive short-term rental enforcement.
– Pass 8-0
Unfinished Business
1. Vacation-2024-0006 – 151 W. Dickson St./151 Dickson Development, 484 (Details)
An ordinance to approve VAC-24-006 for property located at 151 West Dickson Street in Ward 2 to vacate a 273 square feet portion of access easement.
– Pass 8-0
The property is just southeast of the intersection of Church Avenue and Dickson Street. It includes a semicircular access easement along Dickson Street that was dedicated to the city in 2001 by a previous owner for a public bench, but staff said the bench has been removed. The applicant would like the city to vacate that access easement so the property can be redeveloped (see our story about the planned development).
Location:
May 7 Discussion:
There was no public comment.
The council agreed to leave the item on the second reading.
May 21 Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
2. Rezoning-2024-0011 – Various Expired PZD Locations/Expired PZDs, PP Varies (Details)
An ordinance to rezone the properties described in Rezoning Petition RZN 2024-0011 for approximately 90.65 acres located in Wards 1, 2, and 4 from Planned Zoning Districts to various standard zoning districts.
– Pass 8-0
The properties include five expired planned zoning districts around town that are a mix of fully undeveloped properties, partially developed neighborhoods and/or commercial blocks with sections of undeveloped lots, or are part of a larger PZD that has been almost entirely rezoned. The PZDs predate many of the city’s newer regulations like the landscape and tree preservation codes, so staff are proposing to rezone them to various districts as outlined below:
Both city planners and the Planning Commission recommend approval.
Location:
May 7 Discussion:
The council agreed to leave the item on the first reading to allow more time to consider the request.
May 21 Discussion:
City Attorney Kit Williams drafted a new ordinance that removes three of the parcels that the council determined to be non-controversial (Cliffside, Westbrook Village, Paddock Road Subdivision) and places them into their own ordinance for approval tonight. The other parcels will be voted on separately, possibly as soon as the next meeting.
Decision:
The council voted 8-0 to approve the revised ordinance.
New Business
1. Intent to Enact Stormwater Utility Fee – Resolution of intent (Details)
A resolution of intent to enact a stormwater utility ordinance and establish a stormwater management and water quality fund, authorize additional services related to implementation and public outreach, and to approve a budget adjustment.
– Pass 8-0
City staff are proposing the creation of a dedicated funding mechanism for stormwater management through a new utility fee, because staff said the current funding from sales tax and the city’s street funds is insufficient to cover all of the required stormwater management needs of the city. The fee would be based on the amount of impervious area on a property, such as rooftops, driveways and parking lots. Fees would be tiered, with larger properties paying more due to their higher contribution to runoff. Just like water rates, the fees would increase by 3% each year. If approved, the fees could be implemented as soon as summer 2025.
The proposed tiers are below:
| Tier | Impervious square footage | Monthly fee |
|---|---|---|
| 1 | Under 2,000 | $1.69 |
| 2 | 2,000-3,500 | $3.71 |
| 3 | 3,500-5,000 | $5.73 |
| 4 | 5,000-6,500 | $7.76 |
| 5 | 6,500-8,000 | $9.79 |
| 6 | Over 8,000 | *See below |
* Fees for properties with more than 8,000 square feet of impervious surface area would be calculated by taking the total square footage and dividing it by 1,000 and then multiplying it by $1.35.
» Read our story about this item here
Discussion:
Chris Brown, the city’s public works director, gave a presentation to the council about this proposal (see the presentation slides here).
During public comment, two people spoke in favor of the proposal, including James McCarty with the Beaver Water District.
Decision:
The council voted 8-0 to approve the resolution.
2. Administrative-2024-0019 – Amend UDC Chapters 166.04 (Details)
An ordinance to amend §166.04(b)(4)(l) parkland dedication of the Unified Development Code to modify the applicability section for parkland dedication requirements.
– Pass 8-0
City staff have proposed an amendment to city code that would ensure that all new residential developments contribute to the city’s park system. The amendment addresses gaps in the city’s existing rules for parkland dedication (or fees-in-lieu) that were originally adopted in 1981. Staff estimated a loss of about $20,000 in uncollected fees since 2021, but that number could jump to $250,000 with some expected upcoming developments. The amendment would decouple parkland dedication requirements from specific project types, and instead, any project adding one or more residential dwelling units would be subject to parkland dedication or fees-in-lieu.
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
3. Vacation-2024-0007 – East of 1074 E. Sain St/Trails on the Creek, 174 (Details)
An ordinance to approve VAC-24-07 for property located east of 1074 E. Sain Street in Ward 3 to vacate a 0.076 acre portion of drainage easement.
– Pass 8-0
The property is in north Fayetteville, south of Mud Creek, and west of Butterfield Trail Village. The applicant proposes to vacate a drainage easement that’s required to move forward with a multi-family large-scale development that was approved in November 2022.
Staff recommend approval. The Planning Commission does not hear these types of vacation requests.
Location:
Discussion:
There was no public comment.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
4. Rezoning-2024-0015 – 4600 E. Huntsville Rd./Stone Street Rentals LLC, 565 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-15 for approximately 1.94 acres located at 4600 East Huntsville Road in Ward 1 from R-A, Residential Agricultural to RSF-4, Residential Single-Family, four units per acre.
– Pass 8-0
The property is in southeast Fayetteville, east of the intersection of Happy Hollow Road and Huntsville Road.
Both city 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 8-0 to approve it.
5. Rezoning-2024-0016 – 2460 N. Old Wire Rd./Fayetteville Nature School, 292 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-16 for approximately 1.95 acres located at 2640 North Old Wire Road in Ward 3 from CPZD, Commercial Planned Zoning District to P-1, Institutional.
– Pass 8-0
The property is in east Fayetteville about 300 feet southwest of Gulley Park, and is developed with a single-family home that was adapted into a preschool in the early 2000s. The rezoning would allow for the continued use of the property as a pre-school and nature school without some of the restrictions on building expansion or student numbers.
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
The applicant said they intend to build a tornado shelter and a bathroom building on the property.
Decision:
The council advanced the ordinance to the third reading, and voted 8-0 to approve it.
6. Rezoning-2024-0017 – 512 N. Mission Blvd./Zweig, 446 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-17 for approximately 0.90 acres located at 512 North Mission Boulevard in Ward 1 from RSF-4, Residential Single-Family, four units per acre to NS-G, Neighborhood Services – General.
– Left on the first reading
The property is at the northeast corner of Maple Street and Mission Boulevard. It is currently developed with a single-family home and two accessory structures. A lot split, which subdivided the property into two lots, was recorded in January. The applicant said their intent is to preserve the existing building on the property, which could support either residential or commercial uses. Any commercial redevelopment of the property would be restricted to 8,000 square feet.
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
The applicant said they plan to move their office into the home and use the garages as storage spaces. They said they aren’t planning any major changes to the property and that they don’t think the neighbors in the area would even notice much of a difference on the site if the rezoning is approved.
Turk said regardless of the property owner’s stated plans, she won’t support the request because she doesn’t think the allowed uses in the Neighborhood Services – General district are compatible with the area.
Wiederkehr said the owner has a history of preserving and protecting historic structures, so he feels confident there are no major changes currently planned on the land.
Hertzberg suggested leaving the item on the first reading to allow more time to consider the request.
The council agreed. The discussion will continue on June 4.
7. Rezoning-2024-0018 – Southwest of W. Treadwell St. and S. Hill Ave./Subtext Acquisitions, LLC. and Modus Studio, 522 (Details)
An ordinance to rezone the property described in rezoning petition RZN 2024-18 for approximately 2.9 acres located southwest of West Treadwell Street and South Hill Avenue in Ward 2 from RMF-40, Residential Multifamily, 40 units per acre to MSC, Main Street Center, subject to a Bill of Assurance.
– Left on the first reading
The area is in central Fayetteville about 300 feet east of Harmon Field and 900 feet northeast of Fayetteville High School. It includes the full block east of Duncan Avenue, south of Treadwell Street, west of Hill Avenue and north of Putman Street. It’s currently home to the 40-unit Summit Terrace complex, a smaller 6-unit apartment building, a duplex, a single-family home, and a largely undeveloped lot with off-site parking. A private alleyway runs through the middle of the block.
If approved, the property would be rezoned from a residential multi-family zone allowing up to 40 units an acre to one called main street center. Both districts allow for five-story apartment complexes, but main Street center allows buildings up to seven stories in places on the property that are farther than 15 feet from the right-of-way. The current zoning allows for up to 116 dwelling units on the land, whereas main street center has no density limits.
The proposed district also allows a wide variety of other uses, but the applicants have offered a formal Bill of Assurance that would prohibit liquor stores, small-scale production and transportation services from operating on the property.
» See more about this request in our April 23 story
Both city staff and the Planning Commission recommend approval of the request.
Location:
Discussion:
During public comment, seven people spoke against the request, many who live in housing on the subject property and who were concerned about where they would live or if they could afford to live anywhere else in town if their homes are sold and replaced with a new apartment complex.
Two other people who spoke said the city needs to change its outdated zoning districts to incentivize more affordable housing construction.
Berna said it’s a tough decision, considering the potential displacement of the current residents, but the owner of the existing complex sent the council an email explaining that they are ready to sell, which means redevelopment of that property is imminent, with or without the rezoning.
Stafford said he knows the block will likely be redeveloped, but he hopes the item is left on the first reading tonight to give him more time to consider the compatibility of the request.
Turk said she’d like some clarification about how many more units could be built on the property with the requested zoning versus the existing district.
Moore said she prefers the existing district.
Wiederkehr said he’s not enthralled with student housing in general, but it’s what the city needs and this property is in an appropriate location for adding as much of it as possible. He said if people are going to be displaced by a redevelopment on the property, he’d rather the density be increased to get as much housing as the city can.
Mayor Jordan said the city needs to add 1,000 units per year to keep up with the city’s growth, and while it’s certainly a tough decision, the council should get used to making tough decisions because there are many large housing developments coming down the pike.
The council left the item on the first reading. The discussion will continue on June 4.
8. Intent to Approve Extension of Water & Sewer Service – Resolution of intent (Details)
A resolution to express the City Council’s intention to approve an extension of water and sewer service to a proposed development outside of the city limits at 1011 South Mally Wagnon Road at the owner/developer’s expense.
– Pass 7-0
The applicant has requested an extension of the city’s water and sewer services to a proposed development located at 1011 S. Mally Wagnon Road, which is outside the city limits. Sewer services can only be extended outside city limits with approval from the City Council. City staff have assessed the situation and believe that while there is likely sufficient capacity to provide sewer service, the water main near the property may need to be upsized to ensure adequate fire flow capacities.
Staff are recommending that the council require the developer or property owner to provide studies, estimates, or other documentation sufficient to establish the actual water and sewer needs of the property, the capacity of the system and any upsizing necessary to serve the development, the costs associated with the extension of the services to the development, and provide a proposed development agreement for the project demonstrating how the project will comply with the city’s standards and requiring payment of all development impact fees.
Discussion:
Stafford said it’s a reasonable request and it’s only a matter of time before the land is part of the city.
Bunch said she believes the details of the proposal can all be worked out in a contract that would later come back to the council, so she’s fine with approving this resolution of intent.
One person spoke in favor of the request.
Decision:
The council voted 7-0 to approve the resolution. Jones was absent during this vote.
9. Request to Appropriate Funds to Fund the Housing Crisis Task Force (Details)
A resolution to appropriate $1,000,000.00 in general fund revenue received as ARPA general revenue loss to fund the Housing Crisis Task Force early recommendations in response to the declared housing crisis.
– Tabled 5-3 until June 4
The council last month passed a resolution that declared a housing crisis and laid out some steps to begin tackling the issue. One step was to form a task force charged with recommending strategies for increasing the supply of housing and exploring innovative ways to address housing insecurity.
This proposal from Councilmember Sarah Moore would appropriate the remaining $1 million in unallocated funds from the original $17 million in federal funds the city received from the American Rescue Plan Act toward implementing early recommendations of the task force. It also asks that the task force make those early recommendations within three months of first convening.
Discussion:
Moore offered an amendment to the original resolution with a few language changes, including replacing the word “appropriate” with “earmark” (see it here). That motion passed 8-0.
Stafford said he’d like to amend Section 2 to strike the words “and immediate” to remove what he thinks is an undue sense of urgency. Moore said she’s fine removing the entire timeline language. The council agreed and approved a second amendment 8-0. Section 2 now reads: “That the City Council of the City of Fayetteville, Arkansas hereby requests that the Housing Crisis Task Force return recommendations for
appropriate use of these funds to begin addressing the housing crisis.”
Hertzberg said she’s concerned about the vagueness of the proposal in that it doesn’t name anything specific the money would be used for, when those funds could be used for infrastructure projects, such as work related to the Walker Park Master Plan, as previously planned. Berna agreed.
Two people spoke in favor of the resolution.
Jones said he’s in favor of the resolution because the council recently declared a housing crisis.
Stafford moved to table the resolution for two weeks. That motion passed 5-3 with Berna, Turk and Hertzberg voting against.
The discussion will continue on June 4.
10. Amend 157.03 – Notification requirements (Details)
An ordinance to amend §157.03 annexations, zoning map amendments, and rezonings of the Unified Development Code to require applicants to notify residents of property proposed for annexation or rezoning, and to declare an emergency.
– Pass 8-0
The city requires property owners and residents within 200 feet of a property with proposed changes to be notified, but if the subject property itself is used as a rental property, the tenants are not individually notified about the proposed changes because their addresses are the same as the applicant’s. This proposal from Councilmember Sarah Moore would close that gap and require all residents in the area to be notified even if they share an address with the applicant.
Discussion:
One person spoke in favor.
Decision:
The council advanced the ordinance to the third reading and voted 8-0 to approve it, along with an emergency clause so the change takes effect immediately.
Meeting duration
This meeting lasted 4 hours and 2 minutes, and was adjourned at 9:32 p.m.
