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Home My WebLink AboutOrdinance 6680El 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6680 File Number: 2023-1016 I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011260320003 Type: REL Kind: ORDINANCE Recorded: 09/15/2023 at 09:42:33 AM Fee Amt: $30.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2023--00024168 REZONING - 2023-0019: (1634 W. MARTIN LUTHER KING JR BLVDJGREEN MEADOW CAPITAL, 521): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-019 LOCATED AT 1634 WEST MARTIN LUTHER KING JR BLVD IN WARD 1 FOR APPROXIMATELY 0.88 ACRES FROM R-O, RESIDENTIAL -OFFICE AND C-2, THOROUGHFARE COMMERCIAL, TO C-2 THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential -Office and C-2, Thoroughfare Commercial to C-2 Thoroughfare Commercial, 0.88 acres. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on September 5, 2023 Page 1 Attest: K / •T �zisi Cl T y 0 YE � Kara Paxton, City Clerk Treasurer �AE��(_( ; LL ►(p. •y Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2023-1016 MEETING OF SEPTEMBER 5, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner DATE: SUBJECT: RZN-2023-0019: Rezoning (1634 W. MARTIN LUTHER KING JR BLVD./GREEN MEADOW CAPITAL, 521): Submitted by GMB KB FAYETTEVILLE LLC for property located at 1634 W. MARTIN LUTHER KING JR. BLVD in WARD 1. The property is split zoned R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in southwest Fayetteville approximately ¼ mile west of the intersection of S. Razorback Rd. and W. Martin Luther King Jr. Blvd. It is currently split zoned R-O, Residential Office and C-2, Thoroughfare Commercial, and is not part of an overlay district. The project is currently developed with a Boss Man Tacos, Burrito & More Restaurant split between three parcels. The building is bisected by both the split in zoning and a parcel line. In 2008, a conditional use permit was approved permitting a Taco Bell restaurant. While C-2 allows restaurants and drive-thrus by-right, the R-O zoning district only permits restaurants conditionally. Request: The request is to rezone the property from a split zoning of R-O, Residential Office and C-2, Thoroughfare Commercial to be entirely C-2, Thoroughfare Commercial. Public Comment: Staff has not received any public comment on the request, and no members of the public spoke at the Planning Commission meeting. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to a regional link-high activity street (W. Martin Luther King Jr. Blvd.) and is already fully developed as a commercial property. The parcel is adjacent to commercial developments to the east and west, with primarily multi-family residential properties making up the remainder of the adjacent properties. A small pocket of industrial property is directly south of W. Martin Luther King Jr. Boulevard. The current zoning, Residential Office, allows many commercial uses, such as limited business; and offices, studios, and related services by Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov right, with others such as eating places; neighborhood shopping goods; clean technologies; and small-scale production allowed by conditional use permit. Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. A moderate-high infill score indicates that the area can likely support additional intensity if it is feasible under the proposed zoning entitlements. The request meets Goal 1 of City Plan 2040 “We will make appropriate infill and revitalization our highest priorities: encouraging the development or redevelopment of vacant, mostly vacant, and underdeveloped property,” by providing the opportunity for additional commercial infill along a regional high-activity link. Conversely, rezoning the property to a single-use district, R-O permits residential and nonresidential uses whereas C-2 is purely nonresidential, is not fully consistent with long-range planning objectives related to encouragement of complete neighborhoods. On the balance of issues, particularly the existing use of the property, staff supports the request. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates 8 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • 4-Minute Fire Response (Station 6) • Near Sewer Main (6-inch W. Martin Luther King Jr. Boulevar, S. Eastern Avenue, and W. Venus Street) • Near Water Main (12-inch W. Martin Luther King Jr. Boulevard, 6-inch S. Eastern Avenue and W. Venus Street) • Near Public School (Ramay Jr. High / ALLPS School of Innovation) • Near University of Arkansas Campus • Near Paved Trail (Side Path Trail) • Near Razorback Bus Stop (Lot 54A) • Appropriate Future Land Use DISCUSSION: At the August 14, 2023 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Sparkman seconded. There was no discussion of the request, and no members of the public spoke at the Planning Commission meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2023-1016 RZN-2023-0019: Rezoning (1634 W. MARTIN LUTHER KING JR BLVD./GREEN MEADOW CAPITAL, 521): Submitted by GMB KB FAYETTEVILLE LLC for property located at 1634 W. MARTIN LUTHER KING JR. BLVD in WARD 1. The property is split zoned R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-019 LOCATED AT 1634 WEST MARTIN LUTHER KING JR BLVD IN WARD 1 FOR APPROXIMATELY 0.88 ACRES FROM R-O, RESIDENTIAL-OFFICE AND C-2, THOROUGHFARE COMMERCIAL, TO C-2 THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from R-O, Residential-Office and C-2, Thoroughfare Commercial to C-2 Thoroughfare Commercial, 0.88 acres. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. 8/18/2023 Submitted Date No ‐$ ‐$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget ‐$ ‐$ No No ‐$ ‐$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2023‐1016 Item ID 9/5/2023 City Council Meeting Date ‐ Agenda Item Only RZN‐2023‐0019: Rezoning (1634 W. MARTIN LUTHER KING JR BLVD./GREEN MEADOW CAPITAL, 521): Submitted by GMB KB FAYETTEVILLE LLC for property located at 1634 W. MARTIN LUTHER KING JR. BLVD in WARD 1. The property is split zoned R‐O, RESIDENTIAL OFFICE AND C‐2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acres. The request is to rezone the property to C‐2, THOROUGHFARE COMMERCIAL. N/A for Non‐Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: R-O RMF-24 P-1 C-2 CS I-1 UT Proposed C-2 BE E C H W O O D AV E EA S T E R N A V E C APELLA ST LEWIS AVE WI L M I N G T O N AV E NEPTUNE ST VENUS ST FARMINGTO N S T A R B U C K L E L N PERIMETERDR MITCHELL ST MARTIN LUTHER KING JR BLVD Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2023-0019 1634 W. MARTIN LUTHER KING JR BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-2 R-O 0.6 0.0 Total 0.6 ac1:2,400 Current 0.0 0.6 RZN-2023-0019 EXHIBIT "A" Legal Description PT TRACT 2A-R PER 23-352 PT LOT 4 ALL LOT 5-6 BLOCK 2 & NORTH 7.5 FT OF ABANDONED ALLEY PER ORD # 2641 GIS Approved 07/07/2023 RZN-2023-0019 EXHIBIT "B" TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: August 14, 2023 SUBJECT: RZN-2023-0019: Rezoning (1634 W. MARTIN LUTHER KING JR BLVD./GREEN MEADOW CAPITAL, 521): Submitted by GMB KB FAYETTEVILLE LLC for property located at 1634 W. MARTIN LUTHER KING JR. BLVD. The property is split zoned R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.88 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. RECOMMENDATION: Staff recommends forwarding RZN-2023-0019 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2023-0019 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in southwest Fayetteville approximately ¼ mile west of the S. Razorback Rd. and W. Martin Luther King Jr. Blvd. intersection. It is currently split zoned R -O, Residential Office and C-2, Thoroughfare Commercial, and is not part of an overlay district. The project is currently developed with a Boss Man Tacos, Burrito & More Restaurant split between three parcels. The building is bisected by both the split in zoning and a parcel line. The surrounding zoning and land uses are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Multi-Family Residential RMF-24, Residential Multi-Family, 24 Units per Acre South Restaurant C-2, Thoroughfare Commercial East University of Arkansas RMF-24, Residential Multi-Family, 24 Units per Acre West Restaurant R-O, Residential Office C-2, Thoroughfare Commercial Request: The request is to rezone the property from a split zoning of R-O, Residential Office and C-2, Thoroughfare Commercial to be entirely C-2, Thoroughfare Commercial. Public Comment: Staff has not received any public comment at this time. Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 1 of 13 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Martin Luther King Jr. Blvd., a fully improved Regional Link-High Activity Street with asphalt paving, curb & gutter, and sidewalk. The subject area has frontage along S. Eastern Ave. and W. Venus St., both fully improved Residential Links with asphalt paving, curb & gutter, and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 12-inch water main is present on the north side of W. Martin Luther King Jr. Blvd. An existing 6-inch water main is present on the east side of S. Eastern Ave. and the south side of W. Venus St. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sewer main is present on the north side of W. Martin Luther King Jr. Blvd., the east side of South Eastern Avenue, and the north side of West Venus Street. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 990 S. Hollywood Avenue, protects this site. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately 2 minutes using existing streets. The anticipated response time would be approximately 4.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within a FEMA floodplain or Streamside Protection Zone, nor are Hydric soils are present on the property. Additionally, no portion of the property is located in the Hillside-Hilltop Overlay District. Tree Preservation: The proposed zoning district of C-2, Thoroughfare Commercial requires 15% minimum canopy preservation. The current zoning district of R-O, Residential Office requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Urban Center. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 2 of 13 into traditional mixed-use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trai ls, water, sewer and parklands. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 8 for this site, with a weighted score of 8.5 at the highest. The following elements of the matrix contribute to the score: • 4-Minute Fire Response (Station 6) • Near Sewer Main (See Sewer Above) • Near Water Main (See Water Above) • Near Public School (Ramay Jr. High / ALLPS School of Innovation) • Near University of Arkansas Campus • Near Paved Trail (Side Path Trail) • Near Razorback Bus Stop (Lot 54A) • Appropriate Future Land Use FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The parcel is adjacent to a regional link-high activity street (W. Martin Luther King Jr. Blvd.) and is already fully developed as a commercial property. The parcel is adjacent to commercial developments to the east and west, with primarily multi-family residential properties making up the remainder of the adjacent properties. A small pocket of industrial property is directly south of W. Martin Luther King Jr. Boulevard. The current zoning, Residential Office, allows many commercial uses such as limited business; and offices, studios, and related services by right, with others such as eating places; neighborhood shopping goods; clean technologies; and small-scale production allowed by conditional use permit. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 8.5. A moderate- high infill score indicates that the area can likely support additional intensity if it is feasible under the proposed zoning entitlements. The request meets Goal 1 of City Plan 2040 “We will make appropriate infill and revitalization our highest priorities: encouraging the development or redevelopment of vacant, mostly vacant, and underdeveloped property,” by providing the opportunity for additional commercial infill along a regional high-activity link. Residential uses are not permitted in the C-2 zoning district. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 3 of 13 Finding: Staff finds that a rezoning to C-2 is justified. Currently, the property is split- zoned between R-O and C-2, with the existing restaurant split between them. Staff was unable to locate a conditional use permit for Use Unit 13: Eating Places within the R-O portion of the property and rezoning the parcel would bring the restaurant into zoning compliance for the existing use. Further, the purpose of the C-2 zoning district is “to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers,” which is compatible with the properties location along a major thoroughfare. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The property is currently developed with a commercial restaurant constructed in 2011. A rezoning from R-O to C-2 will increase the developable area of the lot even if the existing building remains. The change from R-O to C-2 would eliminate lot area minimums, reduce the side setback from 15 feet to 0 feet, reduce the rear setback from 25 feet to 20 feet, and allow the construction of an additional story of building height if developed using traditional standards. If redeveloped using urban form standards, the existing 50-foot front setback would be replaced by a build to zone located from 10-25 feet from the property line, and the rear setback would be further reduced to 15 feet. However, staff does not anticipate this will significantly increase traffic danger or congestion. Shared drives within access easements are currently used for both W. Martin Luther King Jr. Blvd. and W. Venus Street, and additional development is not anticipated to substantially impact these streets. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to C-2 is unlikely to alter the population density of the city. Residential uses are not permitted in the C-2 zoning district. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommend forwarding RZN-2023-0019 to City Council with a recommendation of approval. Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 4 of 13 PLANNING COMMISSION ACTION: Required YES Date: August 14, 2023 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.23 District C-2, Thoroughfare Commercial o §161.23 District C-2, Thoroughfare Commercial • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 5 of 13 x WINSTON SPARKMAN 7-0-0 161.20 District R-O, Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three (3) or more 90 feet Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 6 of 13 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three (3) or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two (2) or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: Front A build-to zone that is located between the front property line and a line 25 feet from the front property line Side 5 feet Side-zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed.** The remaining side setback(s) shall be 10 feet Rear None Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 7 of 13 Rear when contiguous to a single family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7- 19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7—9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 2, 3, 4-2- 19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 8 of 13 161.23 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build-to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 9 of 13 (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: Front A build-to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to a single-family residential district 15 feet (F) Building Height Regulations. Building Height Maximum 6 stories* * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §5, 1-18-22) Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 10 of 13 Rezoning Request Letter Property Address: 1634 W. MLK Jr. Blvd, Fayetteville, AR 72701 GM KB Fayetteville, LLC is requesting to rezone our property from the split zoning designation of R-O and C-2 to be entirely zoned C-2. Per the City of Fayetteville zoning guidelines, the Thoroughfare Commercial district is designed to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. We believe this is consistent with the development plan and the zoning of parcels in the same vicinity of ours located on MLK Jr. Blvd. We think this zoning designation is compatible with uses in the immediate area. We do not believe it conflicts with surrounding land uses. Reviewed by: Donna Wonsower, Planner Development Services APPROVED RPZD RMF-24 R-O I-1 IPZD I-2 P-1 CS C-2 UT RMF-12 RMF-18 RSF-4 R-A RI-U RAZORBACK RD M A R T I N L U T H E R K I N G J R B LV D H OLLYWOOD AVE SANG A V E S T A D I U M D R RAZORBACK RD 4 9 STADIUM DR S HI L O H D R 4 9 C L I N T O N D R F U T R A L L D R Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Freeway/Expressway Unclassified Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2023-0019 1634 W. MARTIN LUTHER KING JR BLVD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 11 of 13 R-O RMF-24 P-1 C-2 CS I-1 UT Proposed C-2 BE E C H W O O D AV E EA S T E R N A V E C APELLA ST LEWIS AVE WI L M I N G T O N AV E NEPTUNE ST VENUS ST FARMINGTO N S T A R B U C K L E L N PERIMETERDR MITCHELL ST MARTIN LUTHER KING JR BLVD Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Close Up View RZN-2023-0019 1634 W. MARTIN LUTHER KING JR BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-2 R-O 0.6 0.0 Total 0.6 ac1:2,400 Current 0.0 0.6 Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 12 of 13 B E E C H W O O D AVE RAZORBACK RD M A R T I N L U T H E R K I N G J R B LV D RA Z O R B A C K R D Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Current Land Use RZN-2023-0019 1634 W. MARTIN LUTHER KING JR BLVD N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Commercial Mixed Residential and Institutional 1:3,600 Institutional Planning Commission August 14, 2023 RZN-2023-0019 (THOMPSON) Page 13 of 13 City Neighborhood Civic Institutional Non-Municipal Government Urban Center BEECHWOOD AVE S A N G A V E I N D I A N T R L AR B U C K L E L N ONTARIO PL CROSS AVE LODGE WAY B LOOM F IELD LO OP N ASHVILLE TER GA B B A R D D R PRADO W AY C A P E L L A S T LE W I S A V E S A NGABRIEL CIR T O W N E V I LLAGE DRDIAMOND DR BA L L P A R K D R SERENDIPITY DR CENTRAL DR VINE AVE KAYWOOD LN NEPTUNE ST HUDSON DR WILMINGTON AVE EASTERN AVE VENUS ST FARMINGTO N S T PASADENA LINK MAINE ST STONE ST CARLSON DR A R B U C K L E LN STADIUM DR HOLLYWOOD AVE MODUS WAY S P O R T S F A N D R HENSON HL PHIL LIP DR BEDFORD L O OP G RAHAM AVEMAINEST P E R I M E T E R DR MITCHELL ST RAZORBACK RD M A R T I N L U T H E R K I N G J R B LV D RA Z O R B A C K R D Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2023-0019 1634 W. MARTIN LUTHER KING JR BLVD N 0 290 580 870 1,160145 Feet Subject Property 1:4,800 Nmedi'�a A WEHCO MEDIA COMPANY Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ad number #: 324511 PO #: Matter of: ORD 6680 AFFIDAVIT • STATE OFARKANSAS RECr sED SEP 14 2023 �C_ Irvc Y� CE I, Carla Gardner, do solerrmly swear that I am the Finance Director of the Democrat Gazette, a daily newspaper printed and published in WASHINGTON county, State ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6680 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement: and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the Democrat Gazette for publication the sum of $101.84. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 09110123; NWA nwaonline.com 09110123 Finance Director State of ARKANSAS, County of WASHINGTON , Subscribed and sworn to before me on this 12th day of September, 2023 k—ju— NOTARY PUBLIC ;��`i""•,, CATHERINE STAGGS MY COMMISSION 012402772 EXPIRES: February 28, 2025 k::,�� enn. . Washington County Ordinance: 6680 File Number: 2023-1016 REZONING - 2023-0019: (1634 W, MARTIN LUTHER KING JR BLVD./GREEN MEADOW CAP- ITAL, 521): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23- 019 LOCATED AT 1634 WEST MARTIN LUTHER KING JR BLVD INWARD 1 FOR APPROXIMATELY 0.88 ACRES FROM R-O, RESI- DENTIAL -OFFICE AND C-2, THOROUGHFARE COMMERCIAL, TO C-2 THOROUGHFARE COM- MERCIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from R-0, Residential -Office 0 0 ras filed on late 068 ;lerk �.---------- _