At Tuesday’s City Council meeting, a single rezoning proposal dominated the discussion and was ultimately voted on twice.

The Proposal

Mark Haney has been trying to redevelop the 3.9 acre property at 515 NW D Street for more than a year. Two previous rezoning requests for higher density have been denied. 

His latest proposal is for DN-1 (Downtown Low Density Residential), which allows single-family homes on lots as small as 5,000 square feet — roughly one-ninth of an acre — as well as cottage court developments. The property is currently zoned R-E (Residential Estate District), which requires single-family homes with a minimum lot size of 2 acres.

“My rough draft plan is to build two single family homes to start and go from there,” Haney said.

Aside from some missing details on an application, Haney’s latest proposal matches signals the city has given about development in the downtown area. 

The Future Land Use Map aligns with his proposal, city staff recommended it move forward, planning commission approved it, and the city has said it wants to encourage infill development — building more housing within existing neighborhoods versus building on the outskirts of town. 

The Oversight

However, in between its initial approval at Planning Commission on April 15 and the City Council meeting on April 22, some residents noticed a few details that were missing from the application. 

Right now, the city is in the process of overhauling zoning codes. In the in-between period, they’re working off a series of interim guidelines that everyone is less familiar with. Other rezonings have been approved recently without meeting these application requirements.

Tyler Overstreet, city planning director, conceded there had been an oversight in following the interim guidelines and advised City Council members to send it back to Planning Commission to fix the issues.

After Overstreet shared his recommendation, the City Council opened the floor to public comment.

Flooding Concerns

Two neighbors voiced concern about redeveloping the property, part of which is in a flood plain. 

“My point, no matter what we call the zoning, any worse, y'all, somebody is going to be talking to somebody about flooded houses. I mean, it’s going to wash these houses away,” neighbor Allen Beck said. 

Beck gave the council members a handout with photos of the area after rainfall. 

In the ensuing discussion, Mayor Stephanie Orman and members of the City Council grappled with the need for development while also balancing concerns with flooding in the neighborhood.

“We have rules and regulations. And Mr. Haney may be able to do these things, but when I look at this, I think we as a city should be figuring out how to address these issues for our residents,” Orman said. “I will tell you these pictures disturb me.”

Haney lives in the same neighborhood as the proposed development.

“I just want to emphasize that I agree with the neighborhood, the neighbors that say there's a big need, and it goes beyond what I can address,” Haney said.

He committed to addressing any drainage issues on the property but directed attention back to the city.

“I'm invested in this beyond virtually anyone, and I want good for my neighborhood. The city also has a responsibility,” Haney said.

Rezoning is an early step in redeveloping the property, coming before site plans and architectural work. Other steps in the development process will require addressing drainage issues, according to Councilmember Bill Burckart, who is also a developer.

“It’s an engineering question more than anything. When we do a zoning, we don’t require those documents,” Burckart said. “If the engineering they see and provide does what it’s supposed to do – which is no more [flooding] post than pre – it’ll be fine.”

Haney said he had done his best to follow the city’s stated vision for downtown development.

“We have passed a land use map. If we say we want this, and we say we're going to invest where we say we want housing, DN-1 or any zoning, you all have to come behind us and invest, sometimes ahead of time, sometimes reactive,” Haney said. “If you don't want me to build anything, you can say that. But, you know, say it two years ago when I brought this the first time, right?”

The Votes

After much discussion, a majority of City Council members denied a motion to send it back to the planning commission, teeing up a vote on the rezoning itself. 

If the rezoning was approved, Haney would be able to move forward with the project. If it was denied, he wouldn’t be allowed to ask for the rezoning again for another year. 

But before the council voted on whether or not to approve the rezoning, councilmember Holly Hook said she had just received texts from neighbors in the area, who told her they didn't think the matter would be taken up by City Council that night. 

“They think it’s going back to planning, so I totally change [my vote]. I don’t know what legally I can do, but my people have answered, and I’m representing them,” Hook said.

With concerns about neighbors’ voices not being heard, the opinions on voting on the rezoning shifted for several City Council members. 

City Attorney Nick Henry explained the process for reversing the previous vote. A new vote followed and the matter was sent back to the Planning Commission.

Other City Council Updates

The City Council also approved the following items at the meeting.

New Awnings Coming to Memorial Park

The city will purchase 18 new awnings for softball and baseball seating areas from Swift Recreation LLC for $79,355.09.

The original awnings were damaged during the Memorial Day weekend storms last year. The city plans to submit the cost to FEMA for 75% reimbursement.

Application for Trail to Walmart Campus in the Works

The council approved applying for an 80/20 matching grant through the Arkansas Department of Transportation. If approved for the grant, the city’s contribution would be $134,000.

The project would extend the Arkansas Missouri Trail from SE Moberly Lane to 8th Street and the new Walmart campus — a key link connecting east side neighborhoods to the downtown area, Deputy Parks Director Josh Stacey wrote in a memo.

Additional $500,000 Toward Water Line Replacement

The city approved a third increase to its contract with Calcon Inc., which is helping replace faulty water lines to reduce water leaks.

The original $500,000 contract was approved in November 2024, increased to $1 million in January, and has now been bumped to $1.5 million.

“The contractor exceeds production expectations and is helping reduce water loss with every service line that is replaced,” city staff wrote in a memo.

Fixing leaks in the city’s water system — which lost 54% of the water it took in during 2024 — was the main reason cited for doubling water rates earlier this year.

$2.6M for Wastewater Plant Design

Council approved a $2,637,000 contract with Hawkins-Weir for design and engineering work on the downtown wastewater treatment plant upgrade.

Hawkins-Weir has been involved with the project for several years.

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