OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Fayetteville City Council Meeting – July 21, 2026: Rezonings, NDA Ordinance, and Appeal Fee Debate

City Council — Tuesday, July 21, 2026
BodyFayetteville, Arkansas
SessionCity Council
DateTuesday, July 21, 2026
StatusFILED
Video Record
0:00 / 4:55:50

Transcript — Verbatim
0:00

Okay, good evening, everyone, and I would like to call the Tuesday, July 21st meeting of the Fayetteville, Arkansas City Council to order.

0:08

Courtney, will you please call the roll?

0:10

Mr.

0:11

Stafford?

0:12

Here.

0:13

Dr.

0:13

Jones?

0:14

Here.

0:14

Miss Moore?

0:15

Here.

0:16

Mr.

0:17

Weedaker?

0:18

Here.

0:18

Mr.

0:19

Berna?

0:19

Here.

0:20

Miss Bunch.

0:23

Ms.

0:23

Turk?

0:24

Here.

0:25

Minister Jones?

0:26

President.

0:27

Mayor Ron.

0:28

Here.

0:29

Please join me as we recite the Pledge of Allegiance.

0:52

Okay.

1:03

Ms.

1:04

Mayor Holland.

1:06

Thank you very much, Mayor.

1:07

My apologies for this late request.

1:10

We're actually kind of under a time constraint.

1:22

It was an administrative decision.

1:25

And there are several residents that would like to appeal this.

1:29

And during the appeal process, we figured out that they were going to be charged with our new appeal fees.

1:35

They were going to be charged $667.

1:38

And that seemed a little excessive.

1:41

And so before you is a uh resolution to waive those fees and allow Ms.

1:48

Hollander to uh go forward in asking for a um a public meeting and review by the planning commission.

1:55

And that is for the proposed McDonald's.

1:58

It's over there on on Mount Comfort.

2:01

So I'm happy to take any any questions.

2:04

Okay.

2:05

Um or Jonathan, can you also provide a little bit of staff insight into the process and what happened and where we are now before we and then we'll take questions from the count council?

2:15

Certainly.

2:15

Uh well, I don't have the dates immediately in front of me.

2:18

Over the course of the last year, a McDonald's was proposed on Mount Comfort Road.

2:21

It's in a zoning district that requires a conditional use permit.

2:24

So the item did go before the planning commission for conditional use consideration where it was approved.

2:29

So that was the first public hearing that the item had.

2:31

Uh it subsequently went to the planning commission for consideration of some development variances uh where uh those were also heard as a second public hearing, and then subsequently uh the project was eligible for administrative approval, which uh staff completed and put on the planning commission's agenda for this last Monday, uh which represents the starting point where a resident can file an appeal uh if they have concerns or feel it meets one of our six standards for denial.

2:59

Uh we do have an adopted appeals fee.

3:01

Uh if the council were a call, we excuse me, have uh in the last few years we went through a fee study uh in an effort to evaluate what the costs are that are associated with various requests of city staff.

3:13

Uh the appeals fee amount was set accordingly uh based on how much it costs staff to process those requests, how much it uh requires to to create public notification signs, process those, uh file the staff reports to the appropriate body, uh and that I think brings us up to date on this particular item.

3:31

I can answer any project specific or uh fee-specific questions if the council has them.

3:36

Thank you.

3:37

Great, thank you.

3:38

Uh Mr.

3:38

Stafford, then Dr.

3:39

Jones.

3:41

Um two questions.

Discussion Breakdown — Share of Meeting
Affordable Housing██████████████████████████26%
Environmental Protection███████████████████19%
Engineering And Infrastructure████████████12%
Procedural██████████10%
Pending Litigation███████7%
Public Engagement███████7%
Transportation Safety██████6%
Parks and Recreation████4%
Fiscal Sustainability███3%
Summary of Proceedings

Fayetteville City Council Meeting – July 21, 2026

The Fayetteville City Council met on Tuesday, July 21, 2026, for a regular meeting that lasted approximately five hours. The agenda included a resolution to waive appeal fees for a McDonald's development, two major rezoning requests (Dean Solomon Road and others), a new ordinance regulating non-disclosure agreements (NDAs), and several consent agenda items. The meeting saw extensive public comment, with many residents speaking on the Dean Solomon rezoning and the NDA ordinance. Key votes included a 4-4 tie on the appeal fee waiver (failed), a 5-4 vote on the Dean Solomon rezoning after the mayor broke the tie, and a 6-2 vote on the amended NDA ordinance.

Consent Calendar

  • The council approved the consent agenda (resolutions for routine purchases and approvals) without discussion. Councilmember Minister Jones expressed concern about transparency, noting that consent items are not read aloud. The mayor clarified that consent items are resolutions only, and any council member can pull an item for discussion.

Public Comments & Testimony

  • Sean Hollander (resident, husband of Blair) spoke in favor of waiving the $667 appeal fee for the McDonald's development on Mount Comfort Road. He stated that the fee posed a significant barrier for ordinary citizens and that the neighborhood only learned of the project through a news article. He requested a feasibility study on traffic impacts.
  • Zach Hewlett (2570 West Van Eyck Drive) opposed the Dean Solomon rezoning, citing traffic safety data showing Dean Solomon would operate at 147% of safe capacity. He argued that the rezoning would push it to 199% and that the bill of assurance offered no real protection for the 9.6-acre parcel.
  • Margaret Ann Gilmore (3029 West Feather Rock Way) opposed the rezoning, focusing on drainage and tree canopy loss. She noted that mature trees hold up to 100 gallons of water and that the area already has water problems.
  • Christina Falker (2722 West Van Eyck Drive) opposed the rezoning, stating it was not compatible with the neighborhood.
  • Jennifer A. Cuff (2913 West Topaz Drive) opposed the rezoning, citing the city's housing assessment that calls for smaller format housing and noting that the area lacks services and transit.
  • Dustin Connell (3165 North Knight Heron Drive) opposed the rezoning, arguing that the street network was not engineered for the density and that infrastructure should be in place first.
  • Stephanie (Van Eyck Drive) opposed the rezoning, calling it "poorly planned growth" and noting that the property has a low infill score of 4.5 out of 20.
  • Mike Thompson (2522 West Van Eyck) asked the council to consider the two parcels independently.
  • Justin Fleer (2913 West Topaz Drive) opposed the rezoning, raising concerns about flooding and the need for a corridor-wide review of traffic and drainage.
  • John Felker (2722 West Van Eyck Drive) opposed the rezoning, describing the 9.6-acre parcel as a unique sliver with a large black willow tree and wet soils, not suited for dense development.
  • Clark Eccles (95 East Madrid Street) supported the rezoning, stating that modest density would serve the area well and align with city goals.
  • Ann Braun (2508 Van Eyck) opposed the combined rezoning, arguing the two lots should be separate. She noted that the developer can clear-cut and pay into a tree preservation fund, which offers no real guarantee.
  • Jamie Gardner (2872 West Ica Lane) opposed the rezoning, concerned about overcrowding and safety.
  • Jay McAllister (2686 West Van Eyck Drive) opposed the rezoning, citing drainage and traffic concerns.
  • Greg Thomas (3037 North Knight Heron Drive) opposed the RMF 12 portion, noting that similar development in West Fayetteville is typically along regional links, not deep inside neighborhoods.
  • Lita Darling (Tiger Eye) opposed the entire rezoning, asking the council to reject it to allow the landowner to exercise a buyout option.
  • Grayson Barber (2740 West Van Eyck Drive) opposed the rezoning, emphasizing the loss of decades-old trees.
  • Ryan Grace (3069 North Knight Heron) opposed the rezoning, particularly the 9.6-acre lot, citing trail safety and the need for thoughtful planning.
  • Lex Royals (3070 North Harrier Drive) opposed the rezoning, calling it "lazy development" and noting that the site is at the city fringe without commercial services.
  • Multiple callers (Katie Garmin, Deborah Steindel, Steve Barthel, Jennifer Haas) also opposed the rezoning, echoing concerns about flooding, infrastructure, and the need to evaluate the parcels separately.
  • Anita Schnee (Fayetteville lawyer) and Mary Kurbatova (204 South School Avenue) spoke in favor of the original NDA ordinance, urging transparency and council approval before NDAs take effect.
  • Zach Slade (42 South University) opposed the amendment to the streamside protection zone for the Tanglewood branch, arguing it would cover up the stream.
  • John Benedict (1143 Vista Place) opposed the Weddington rezoning, citing severe drainage issues that have caused structural damage.
  • Nita Winston (1903 Weddington) opposed the rezoning, detailing flooding problems and noting that the area cannot absorb more impervious surfaces.
  • Cecil Black (Gunter Street) opposed the rezoning, citing safety concerns on Weddington Drive.
  • Serena Allen (1915 and 1927 Weddington) supported the rezoning, stating that the area is already seeing development and that drainage could be improved by builders.

Discussion Items

  • Resolution to Waive Appeal Fees for McDonald's Development: Councilmember Teresa Turk introduced a resolution to waive the $667 appeal fee for residents appealing the McDonald's project on Mount Comfort Road. The fee had been increased from $333 as part of a city fee study. Staff explained that the appeal fee covers staff time and public notification. Council debated the precedent, with some arguing that the fee is a barrier to ordinary citizens. The council voted 4-4 (Stafford, Weedaker, Berna, Bunch no; Jones, Moore, Turk, Minister Jones yes), and Mayor Holland declined to vote, so the resolution failed.

  • Dean Solomon Rezoning (RZN 2026-15): The proposal sought to rezone 36.2 acres northwest of Dean Solomon Road and West Van Eyck Drive from RSF-4 and CPZD to RMF-12 and RSF-8. Staff recommended approval. The applicant offered a bill of assurance to cap density at 8 units per acre on the 9.6-acre parcel, increase tree preservation to 25%, and prohibit multifamily (allowing up to quadplexes). The council heard extensive public comment, mostly in opposition. A motion to split the parcels failed for lack of a second. The council then voted to accept the revised bill of assurance (7-1, Moore opposed). After a motion to suspend rules and go to third reading passed, the final vote was 4-4 (Stafford, Moore, Berna, Bunch yes; Jones, Weedaker, Turk, Minister Jones no). Mayor Holland broke the tie by voting yes, citing the risk of the current PZD zoning allowing less desirable development. The rezoning passed 5-4.

  • NDA Ordinance (Transparency for Non-Disclosure Agreements): Councilmember Sarah Moore introduced an ordinance to prohibit the city from entering into NDAs that restrict disclosure of public records. The council debated an amendment by Councilmember Turk, which required NDAs to include automatic termination when the project enters the public process, and approval by both the mayor and city attorney. The amendment passed unanimously. After public comment, the council voted 6-2 (Moore and Minister Jones opposed) to pass the amended ordinance. The emergency clause passed unanimously, making it effective immediately.

  • Streamside Protection Zone Amendment (Tanglewood Branch): An ordinance to amend the streamside protection map to allow removal of 279 linear feet of Tanglewood branch for a mixed-use development at Center and Greg. Staff recommended denial, but the planning commission had forwarded it unanimously. The applicant presented revised plans with an additional floor and parking stackers. The council left the item on first reading after debate.

  • Tree Preservation Vacation (Dean Solomon): An ordinance to vacate 3,320 square feet of tree preservation easement at 2434 North Dean Solomon, contingent on dedicating a new 12,915-square-foot easement and planting 46 mitigation trees. The council voted unanimously to approve after suspending rules.

  • Rezoning at 518 North Mission Boulevard (RZN 2026-20): An ordinance to rezone 0.20 acres from RSF-4 to RI-12 to allow a duplex or single-family home on a non-conforming lot. Staff recommended approval. The council voted unanimously to pass.

  • Rezoning at 2445 North Humont (RZN 2026-21): An ordinance to rezone 3.78 acres from RA and NSG to RSF-8. Staff recommended denial, citing inconsistency with long-range plans. The planning commission had forwarded it with a split vote. The council left the item on first reading after the applicant expressed willingness to discuss a bill of assurance or modified proposal.

  • Rezoning at 1845 West Weddington (RZN 2026-18): An ordinance to rezone 0.55 acres from RSF-4 to RIU (residential intermediate urban). The planning commission had denied it 1-6 due to drainage concerns. The council left the item on first reading after hearing public comment and testimony from the applicant, who offered to work with neighbors on drainage solutions.

Key Outcomes

  • Appeal Fee Waiver Resolution: Failed (4-4 tie, mayor declined to vote).
  • Dean Solomon Rezoning (RZN 2026-15): Passed 5-4 (mayor broke tie) with a bill of assurance limiting density to 8 units/acre on the 9.6-acre parcel, increasing tree preservation to 25%, and prohibiting multifamily.
  • NDA Ordinance: Passed 6-2 with amendments, effective immediately.
  • Tree Preservation Vacation (Dean Solomon): Passed unanimously.
  • Mission Boulevard Rezoning (RZN 2026-20): Passed unanimously.
  • Humont Road Rezoning (RZN 2026-21): Left on first reading; will return in two weeks.
  • Weddington Rezoning (RZN 2026-18): Left on first reading; return in two weeks with additional stormwater information.
  • Streamside Protection Amendment (Tanglewood Branch): Left on first reading.

All consent agenda items were approved.

Meeting Transcript

Okay, good evening, everyone, and I would like to call the Tuesday, July 21st meeting of the Fayetteville, Arkansas City Council to order. Courtney, will you please call the roll? Mr. Stafford? Here. Dr. Jones? Here. Miss Moore? Here. Mr. Weedaker? Here. Mr. Berna? Here. Miss Bunch. Ms. Turk? Here. Minister Jones? President. Mayor Ron. Here. Please join me as we recite the Pledge of Allegiance. Okay. Ms. Mayor Holland. Thank you very much, Mayor. My apologies for this late request. We're actually kind of under a time constraint. It was an administrative decision. And there are several residents that would like to appeal this. And during the appeal process, we figured out that they were going to be charged with our new appeal fees. They were going to be charged $667. And that seemed a little excessive. And so before you is a uh resolution to waive those fees and allow Ms. Hollander to uh go forward in asking for a um a public meeting and review by the planning commission. And that is for the proposed McDonald's. It's over there on on Mount Comfort. So I'm happy to take any any questions. Okay. Um or Jonathan, can you also provide a little bit of staff insight into the process and what happened and where we are now before we and then we'll take questions from the count council? Certainly. Uh well, I don't have the dates immediately in front of me. Over the course of the last year, a McDonald's was proposed on Mount Comfort Road. It's in a zoning district that requires a conditional use permit. So the item did go before the planning commission for conditional use consideration where it was approved. So that was the first public hearing that the item had. Uh it subsequently went to the planning commission for consideration of some development variances uh where uh those were also heard as a second public hearing, and then subsequently uh the project was eligible for administrative approval, which uh staff completed and put on the planning commission's agenda for this last Monday, uh which represents the starting point where a resident can file an appeal uh if they have concerns or feel it meets one of our six standards for denial.

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