Fayetteville Council Suggests Changes To Height, Setback Proposal

— City Council members on Wednesday suggested changes to a proposal by Alderwoman Sarah Marsh to modify building height limits and setback requirements in several zoning districts throughout town.

The changes would still place restrictions on new developments taller than 60 feet — or roughly five stories.

Side and rear setbacks would still be added in zoning districts where there aren’t setback requirements.

And Marsh’s proposal would still apply to several areas outside of downtown.

Changes the City Council’s four-member Ordinance Review Committee agreed to Wednesday were removing Leadership in Energy and Environmental Design, or LEED, Gold requirements for buildings taller than 60 feet. Developers wouldn’t have to distribute as much residential space throughout a more than 60-foot-tall building. Committee members also suggested a less restrictive “liner building” requirement for tall developments featuring a parking garage.

The full City Council is scheduled to again consider Marsh’s proposal Dec. 3.

The proposal, with some exceptions, would require buildings to be set back at least 5 feet from side and rear property lines. Buildings could reach 36 feet or the height of an adjacent structure within the 5-foot setback. After that, a building would have to step back 10 feet before being capped at 60 feet.

Marsh has maintained the reason for her proposal is to protect single-family houses from tall, obtrusive buildings next door.

She said Wednesday, “We need to take a look at our development policies and see what we can do to make sure new development is compatible and doesn’t diminish the livability of older structures.”

Marsh’s proposal wouldn’t just limit height in relation to adjacent buildings, however. Developers would have to meet a set of specific criteria to build above 60 feet regardless of how tall a building is next door.

They would have to include wider-than-normal sidewalks on all adjacent streets. All sides of a building would have to feature similar elements to the building’s front facade. Tall commercial buildings would have to include some residential space, and parking garages, in many cases, would have to contain “liner buildings.”

Aldermen suggested removing the LEED Gold requirement that had been included in Marsh’s proposal prior to Wednesday.

Projects can achieve LEED status from the nonprofit U.S. Green Building Council if they earn enough credits for water and energy conservation, environmentally friendly building material and innovative design, among other criteria.

Alderwoman Adella Gray said Wednesday the LEED requirement would have been difficult to enforce. Buildings are certified after they’re constructed. Gray questioned what would happen if a building doesn’t get certified.

Alderwoman Rhonda Adams said she had concerns about relying on an outside agency such as the U.S. Green Building Council to dictate local development standards.

“I do not believe the citizens that I represent want us to tie the hands of property owners to that level,” Adams said. “We require a lot, and there’s nothing wrong with requiring some things as the city. But to me, this goes too far.”

Alderman Matthew Petty said he agreed with including LEED requirements as a building height bonus. But, he added, in order to make the ordinance more palatable to the entire council, he would vote to remove the LEED provision in hopes of revisiting it later.

“I don’t think that this is going to be the end of the discussion about how to shape downtown or broader development in the city,” Petty said.

The Ordinance Review Committee didn’t suggest changes Wednesday to where Marsh’s proposal would apply. It includes not just downtown zoning districts, but commercially zoned properties along Joyce Boulevard and Interstate 540, including land around the interchanges at Wedington Drive and Martin Luther King Jr. Boulevard.

Alderman Martin Schoppmeyer suggested limiting the proposal exclusively to downtown districts.

“If we focus on where the problem is and we deal with that today, we can always make a change (later),” Schoppmeyer said.

Gray said she doesn’t want to limit height in Fayetteville’s downtown core zoning district in particular. Downtown core is confined to about five blocks on either side of College Avenue between Dickson and Rock streets and includes property at College and Mountain Street where an 18-story development called the Renaissance Tower hotel was once planned.

“For me, that is an economic development concern,” Gray said. “I want us to be very careful that we do not put anything in place that would discourage a large hotel in our beautiful, beautiful downtown.”

Downtown general allows up to 168-foot-tall buildings. With Marsh’s proposal in place, bonus height requirements would have to be met.

Alderman Alan Long said he would like to see more restrictive height limits in place outside downtown, including in the neighborhood north and west of the University of Arkansas campus. Long mentioned the northwest corner of Cleveland Street and Hall Avenue, were a multistory apartment complex had been planned, as one example.

Marsh’s proposal wouldn’t apply to land at Hall and Cleveland, however, because property is zoned for residential purposes.

Marsh said Long’s point was still valid. She argued development outside downtown wouldn’t be as affected by her proposal, because there aren’t as many high-rise structures and most buildings are set back a good distance from adjacent properties.

Schoppmeyer said that’s exactly why non-downtown zoning districts should be removed from the proposal.

Ultimately, the committee didn’t suggest changes to where Marsh’s proposal should apply. It would still impact nine of the city’s 28 zoning districts — all where commercial activity is allowed.

Meeting Info

Fayetteville City Council

When: 6 p.m. Dec. 3

Where: City Administration Building, 113 W. Mountain St.

On the Agenda: A proposal to adjust building height limits and setbacks in nine zoning districts where commercial activity is allowed.

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