Fayetteville council to rehear fraternity rezoning request on Arkansas Avenue

FAYETTEVILLE -- Council members will have more time to think about a rezoning request on Arkansas Avenue.

The City Council on July 21 will again discuss a request to rezone a 0.2-acre lot at 360 Arkansas Ave. The lot has been owned by Arkansas Alumni Corporation of Sigma Phi Epsilon since 2008. Earlier this year, the fraternity demolished the structure it had been using as its house.

The lot, like the rest of the eastern side of the street, is zoned for residential multifamily allowing up to 40 units an acre. The request would change the zone to downtown general.

A bill of assurance from Sigma Phi Epsilon would keep the new building at least 15 feet from the sidewalk, with 7 feet of separation from the property lines on each side, and a 15-foot rear setback. Blake Jorgensen with Jorgensen & Associates presented the request to the council, and said the intent is to build a new fraternity house. The applicants are willing to change the request to make that happen, he said.

"We have tried to make amendments and open up a conversation," Jorgensen said.

Eight residents expressed concerns with the request during the meeting, which was held online via Zoom. Two alumni with Sigma Phi Epsilon spoke in favor.

Steven Rogers, a Sig Ep alumnus and Wilson Park neighborhood resident, said the fraternity chapter has moved to different spots around town and wants to be a good neighbor.

"I believe strongly we will adapt the design as necessary to make this structure a pillar of pride on Arkansas Avenue," he said.

Evelyn Stilwell, who owns the property immediately south of the lot, said she appreciated the organization's desire to build a respectable structure. But they don't have enough room, she said.

"The fact that they had a 4,000-square-foot house previously is in keeping with the size of houses here," Stilwell said. "To think of having at least double or triple the number of students and the size of the house next door would definitely harm the neighborhood."

The city requires fraternity and sorority houses built under a multifamily zone have at least an acre and 500 square feet of space per resident. To build a new house, the local chapter has to get a rezoning or approval from the city's board of adjustments.

City Attorney Kit Williams said it seemed unlikely the board of adjustments would approve a variance to build on a lot a fifth of the size required.

Some council members said they felt the downtown general zoning, which would open the property to commercial use if the lot ever were to change hands, was inappropriate for the historic area, and the bill of assurance wasn't enough to address their concerns. Others said they weren't sure how to vote.

Council Member Sarah Marsh suggested the city have a specific use unit on the books for fraternities and sororities. Current code categorizes them the same as any residential structure.

"Normally, due to its proximity to services I would like to see this developed in a more dense format," she said. "But I also agree with the residents' desire to see this as a special historic overlay district."

The council voted 5-3 to go to a third and final reading. Suspending the rules and going to the next reading requires six affirmative votes, and Mayor Lioneld Jordan declined to cast a vote.

In other business, the council had on its agenda for the first time a rezoning plan associated with the proposed Underwood Park northwest of Deane Solomon and Mount Comfort roads. The site is the former home of the Razorback Golf Course.

About 65 acres mostly at the northern end of the 130-acre site would be used as a conservation-themed park. Other acreage would be used for apartments, commercial use or office space.

Craig and Laura Underwood bought the property in 2017 for $1.4 million.

Additionally, a discussion to appeal the development of Beacon Block apartments on the west side of College Avenue near Cleburn Street went past 9:30 p.m.