Panel debates request for right of way

FAYETTEVILLE — Planning commissioners will discuss again in two weeks a request to give about 2 miles of right of way to the University of Arkansas in order to consider a potential agreement instead.

The commission on Monday held a request until Nov. 22 from the University of Arkansas asking the city to vacate more than 6 acres of right of way on or near campus.

The right of way runs along two main areas. One is near Razorback Stadium on Cleveland Street, Garland Avenue, Maple Street and Razorback Road.

The other is a smaller area at the university’s planned arts district on Hill Avenue, Lt. Col. Leroy Pond Drive and Martin Luther King Jr. Boulevard.

Assistant City Attorney Blake Pennington outlined a number of concerns with the request in a memo to the commission. If vacated, ownership of the sidewalks would revert to the university, which could legally place restrictions on their use. The university has permitting processes for non-university groups and residents to hold demonstrations, Pennington used as an example. The city also would have no power to challenge any agreements made between the city and university on use and access of the right of way if the agreements changed, Pennington said.

Jay Young with Development Consultants, representing the university at the meeting, said the request was to clean up the university’s rights of way and take senior walks, sidewalks, signs, trees and other features out of the city’s responsibility for maintenance.

The city’s planning staff initially supported granting the request before recommending the commission hold the item Monday. Development Services Director Jonathan Curth said it remained unclear what an agreement with the university might look like. However, the city could retain ownership and allow the university to do what it needed to do with the space.

Commissioner Sarah Sparkman said she shared Pennington’s concerns.

“That is a lot of acreage for the city to be giving up with right of way,” she said. “Once the city gives that up, we don’t get it back and we don’t have any control over that.”

Young said he would discuss Pennington’s concerns with university officials in the interim.

The City Council will have final say on whether to approve.

In other business, the commission rejected a request for additional parking spaces for a planned medical marijuana dispensary on South Shiloh Drive, south of Martin Luther King Jr. Boulevard. The vote was five commissioners against, and four in support. Commissioners Rob Sharp, Mike Wiederkehr, Jimm Garlock, Leslie Belden and Mary Madden voted against. Sparkman, Quintin Canada, Matt Johnson and Porter Winston voted in favor.

The request was to have a total of 98 parking spaces, which would have been 65 spaces more than city code would allow. The majority of the 2-acre property is wooded and lies within a hillside, which means a number of unique city regulations would apply during the development phase of the project.

Per state regulations, medical marijuana facilities are not allowed within 1,500 feet of a church, day care or school.

Pennington said the request only would have increased the allowed number of parking spaces at the site. The dispensary would still have to go through the city’s usual development process to submit site plans for approval, he said.

The commission also had on its agenda code changes to make it easier to build accessory dwelling units in the city. Discussion went past 9:30 p.m.

The changes would allow up to three accessory units per property instead of two and would allow accessory units in association with duplexes instead of just single-family homes. There also would be no size limit for an accessory dwelling related to its principle structure and roof lines could be taller than the principal structure. Cluster housing developments also could have accessory dwellings with a permit from the commission.