HomeMy WebLinkAboutOrdinance 6691 111111111111111111111111311111111111111111
Doc ID: 021305480003 Type: REL
Kind: ORDINANCE
o` anve`TFL Recorded: 10/16/2023 at 02:29:12 PM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
�• Kyle Sylvester Circuit Clerk
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\ File
2023-00026995
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KA Nsr
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6691
File Number: 2023-1095
REZONING-2023-0024: (EAST OF N.COLLEGE AVE./MOLES,096):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0024 FOR
APPROXIMATELY 6.79 ACRES LOCATED EAST OF NORTH COLLEGE AVENUE NEAR WATERSIDE
COURT IN WARD 3 FROM C-2,THOROUGHFARE COMMERCIAL TO CS,COMMUNITY SERVICES
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 C-2,Thoroughfare Commercial to CS,Community Services.
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 October 3,2023
Approv d: Attest: ��ttt!tlEq”
GOER K�Tlt,/!P,
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io e d Jordan, or Kara Paxton,City Cle Treasurer 1 : /`170 Z.
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Page 1
RZN-2023-0024
Close Up View
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Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
EAST OF N. COLLEGE AVE.
a
Ir
Subject Property
CS
Feet
0 75 150 300 450 600
1:2,400
RZN-2023-0024
EXHIBIT 'A'
_7
R-O
Zone Current Proposed
C-2 6.8 0.0
R-O 0.0 0.0
CS 0.0 6.8
Total 6.8 ac
RZN-2023-0024
EXHIBIT 'B'
Part of the Southwest Quarter of the Northeast Quarter and part of the Southeast
Quarter of the Northeast Quarter of Section 23, Township 17 North, Range 30 West,
being more particularly described as follows:
Beginning at a Point which North 00'25'39" West 37.67 feet and South 89'30'47"
West 135.81 feet from the Southeast corner of the said Southwest Quarter of
the Northwest Quarter, said Point being on the Easterly Right -of -Way line of
Arkansas Highway 71B; thence along the said Easterly Right -of -Way line North
01'22'26" East 90.72 feet; thence North 03'33'49" West 95.12 feet; thence
North 33 '30'38" West 164.63 feet; thence North 02'40'11" West 55.31 feet;
thence leaving said Easterly right-of-way line North 66°59'42" East 126.32 feet;
thence North 65°54'50" East 124.12 feet; thence North 75 °55'20" East 98.36
feet; thence North 79°3649" East 255.74 feet; thence North 72°49'13" East
78.07 feet; thence South 01'02'45" East 566.55 feet; thence South 89'30'47"
West 564.29 feet to the Point of beginning containing 6.79 acres.
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 3, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
DATE:
CITY COUNCIL MEMO
2023-1095
SUBJECT: RZN-2023-0024: Rezoning (EAST OF N. COLLEGE AVE./MOLES, 096): Submitted by
ENGINEERING SERVICES INC for property located EAST OF N. COLLEGE AVE. in
WARD 3. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 6.79 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
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 located in north Fayetteville just east of College Avenue/71 B and north of Lowe's. The
property contains approximately 6.79 acres and is undeveloped with mature tree canopy covering most of the
site. An ordinance establishing an RPZD for an 80-unit, 13-story residential development on this property was
previously passed by City Council in 2006 (Ord. 4954). However, development never occurred, the PZD
expired, and the property was rezoned to C-2, Thoroughfare Commercial, in 2015. The northernmost portion of
the property contains hydric soils and FEMA-designated floodplain, Additionally, slopes in excess of 15 percent
are present, although no portion of the property is designated within the Hillside -Hilltop Overlay District. A
portion of the Clear Creek Trail also runs along the north side of the subject property.
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial, to CS,
Community Services.
Public Comment: Staff has received inquiries about this request, though no opposition or support has been
offered.
Land Use Compatibility: Staff finds the requested rezoning from C-2 to CS to be compatible with surrounding
land uses. The property is located along a major thoroughfare and is largely surrounded by commercial and
nonresidential uses. The existing zoning district of C-2, Thoroughfare Commercial, is designed to encourage
the functional grouping of commercial enterprises that cater to highway travelers while the proposed zoning
district of CS, Community Services is intended to provide convenience goods and services for persons living in
surrounding areas while supporting the development of adaptable mixed -use centers along commercial
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
corridors. While the existing zoning district of C-2 gives developers the option to utilize urban form setbacks
that allow buildings to be placed closer to the street, the zoning district does not permit residential uses and
typically follows a more conventional setback requirement which results in auto -oriented development with
large parking areas between streets and buildings. The proposed zoning district of CS requires developers to
utilize a build -to zone with buildings placed between 10 and 25 feet from front property lines. In this instance, a
rezoning from C-2 to CS would likely result in development with buildings oriented towards College Avenue.
While staff typically finds CS to be a more favorable zoning designation than C-2 since it allows for a mixture of
residential and nonresidential uses and it requires urban form setbacks, this site may not be well -suited for
pedestrian -oriented development. The property has frontage along a major thoroughfare which is located
within 300-foot-wide ARDOT right-of-way and containing an open ditch and significant elevation. Regardless,
staff does not find issue with the permitted uses and building forms allowed in the proposed rezoning,
particularly when compared with the highly -permissive, current C-2 zoning.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's adopted
land use policies and plans. The area is designated as City Neighborhood by the City Plan 2040 Future Land
Use Map, which indicates an intent for moderate -density mixed -use development. The infill rating for the
subject property ranges between eight and ten with nearby access to existing transit routes for both Ozark
Regional Transit and Razorback Transit, and close proximity to other services and amenities such as grocery
stores, parks, and trails. Staff finds that the proposed rezoning from C-2 to CS is generally aligned with the
goals outlined in City Plan 2040 since it would allow for a greater mixture of commercial and residential uses
along a major transit corridor and in close proximity to goods and services, potentially encouraging infill and the
creation of complete, compact, and connected development.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range between 8 and 10 for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 4, 3385 N. Plainview Ave
• Near Sewer Main (eight -inch main, Waterside Court)
• Near Water Main (eight -inch main, Waterside Court)
• Near Grocery Store (Natural Grocers)
• Near City Park (Lake Fayetteville and Veterans Park)
• Near Paved Trail (Clear Creek Trail)
• Near Ozark Transit Stop (Routes 10, 61, and 490)
• Near Razorback Transit Stop (Route 26)
• Appropriate Future Land Use (City Neighborhood)
• Near 71-B Corridor
DISCUSSION:
At the September 11, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner
Garlock seconded it. Commissioners found the requested rezoning to be appropriate and offered little
comment on the item. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City Of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-1095
RZN-2023-0024: Rezoning (EAST OF N. COLLEGE AVEJMOLES, 096): Submitted by
ENGINEERING SERVICES INC for property located EAST OF N. COLLEGE AVE. in WARD
3. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
6.79 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-0024 FOR APPROXIMATELY 6.79 ACRES LOCATED EAST OF NORTH COLLEGE
AVENUE NEAR WATERSIDE COURT IN WARD 3 FROM C-2, THOROUGHFARE
COMMERCIAL TO CS, COMMUNITY SERVICES
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 C-2, Thoroughfare Commercial to CS,
Community Services.
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.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1095
Item ID
10/3/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/15/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0024: Rezoning (EAST OF N. COLLEGE AVE./MOLES, 096): Submitted by ENGINEERING SERVICES INC for
property located EAST OF N. COLLEGE AVE. in WARD 3. The property is zoned C-2, THOROUGHFARE COMMERCIAL
and contains approximately 6.79 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
W0111W
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: September 11, 2023 (updated with results)
SUBJECT: RZN-2023-0024: Rezoning (EAST OF N. COLLEGE AVE./MOLES, 096):
Submitted by ENGINEERING SERVICES INC for property located EAST
OF N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 6.80 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0024 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
`7 move to forward RZN-2023-0024 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in north Fayetteville just east of College Avenue/71 B and north of
Lowe's. The property contains approximately 6.80 acres and is undeveloped with mature tree
canopy covering most of the site. An ordinance establishing an RPZD for an 80-unit, 13-story
residential development on this property was previously passed by City Council in 2006 (Ord.
4954). However, development never occurred, the PZD expired, and the property was rezoned
to C-2, Thoroughfare Commercial in 2015. The northernmost portion of the property contains
hydric soils, FEMA-designated floodplain, and slopes in excess of 15 percent. A portion of the
Clear Creek Trail also runs along the north side of the subject property. Surrounding land uses
and zoning are listed in Table 1.
Table 1:
Surroundinq Land Uses and Zoninq
Direction
Land Use
Zoning
North
Locomotion Family Fun Center
C-2, Thoroughfare Commercial;
R-A, Residential -Agricultural;
R-O, Residential Office
South
Lowe's
C-2, Thoroughfare Commercial
East
Undeveloped
R-O, Residential Office
West
Undeveloped
C-2, Thoroughfare Commercial
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial, to
CS, Community Services.
Public Comment: Staff has received one inquiry about this request, though no opposition or
support has been offered.
INFRASTRUCTURE:
Streets: The subject property has frontage along College Avenue, a partially improved
Regional High -Activity Link street with asphalt paving and open ditches. The
portion of College Avenue adjacent to this property is within Arkansas Department
of Transportation (ARDOT) right-of-way. Any street improvements in this area
would be determined at the time of development proposal.
Water: Public water is available to the subject property. An existing eight -inch water main
is present along the west side of the property.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present near the south side of the property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District and
no protected streams are present. The northernmost side of the property is located
within a FEMA-designated floodplain. A floodplain development review will be
required at the time of permit or plan submittal which will restrict the type of
development and impact in flood zones and may require additional documentation,
such as flood studies or elevation certificates, depending on the type of
development. If a development impacts a floodplain, those impacts may require
review and approval from FEMA. Hydric soils are also present along the north side
of the property. Hydric soils are a known indicator of wetlands. However, for an
area to be classified as wetlands, it may also need other characteristics such as
hydrophytes (plants that grow in water), and shallow water during parts of the year.
Hydric soils can be found across many areas of Fayetteville, including valleys,
floodplains, and open prairies. It's important to identify these natural resources
during development, so when these soils are identified on a property, further
environmental studies will be required at the time of development. Before permits
will be issued for the property a statement/report from an environmental
professional must be provided summarizing the existence of wetlands on the
property. If this statement/report indicates that wetlands may be present on site, a
USACE Determination of Jurisdictional Wetlands will be required at the time of
development submittal. Any improvements or requirements for drainage would be
determined at the time of development submittal.
Fire: Station 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 1.5 miles from the fire station with an anticipated drive time
of approximately six minutes using existing streets. The anticipated response time
would be approximately 8.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of CS, Community Services requires 20% minimum
canopy preservation. The current zoning district of C-2, Thoroughfare
Commercial, requires 15% 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 City Neighborhood.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 8-10
for this site with a weighted score of 11.5 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station 4, 3385 N. Plainview Ave
• Near Sewer Main (eight -inch main, Waterside Court)
• Near Water Main (eight -inch main, Waterside Court)
• Near Grocery Store (Natural Grocers)
• Near City Park (Lake Fayetteville and Veterans Park)
• Near Paved Trail (Clear Creek Trail)
• Near Ozark Transit Stop (Routes 10, 61, and 490)
• Near Razorback Transit Stop (Route 26)
• Appropriate Future Land Use (City Neighborhood)
• Near 71-B Corridor
FINDINGS OF THE STAFF
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 requested rezoning from C-2 to CS to
be compatible with surrounding land uses. The property is located along a
major thoroughfare and is largely surrounded by commercial and
nonresidential uses. The existing zoning district of C-2, Thoroughfare
Commercial is designed to encourage the functional grouping of commercial
enterprises that cater to highway travelers while the proposed zoning district
of CS, Community Services is intended to provide convenience goods and
services for persons living in surrounding areas while supporting the
development of adaptable mixed use centers along commercial corridors.
While the existing zoning district of C-2 gives developers the option to utilize
urban form setbacks that allow buildings to be placed closer to the street,
the zoning district typically follows a more conventional setback
requirement which results in auto -oriented development with large parking
areas between streets and buildings. The proposed zoning district of CS
requires developers to utilize a build -to zone with buildings placed between
10 and 25 feet from front property lines. In this instance, a rezoning from C-
2 to CS would likely result in development with buildings oriented towards
College Avenue. While staff typically finds CS to be a more favorable zoning
designation than C-2 since it allows for a mixture of residential and
nonresidential uses and it requires urban form setbacks, this site may not
be well -suited for pedestrian -oriented development. The property has
frontage along a major thoroughfare which is located within 300-foot-wide
ARDOT right-of-way, and there is a significantly deep open ditch and
elevation change between this property and the street. Regardless, staff
does not find issue with the proposed rezoning since the current zoning is
already fairly permissive and CS would allow for a mixture of commercial
and residential uses.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally
consistent with the City's adopted land use policies and plans. The area is
designated as City Neighborhood by the City Plan 2040 Future Land Use
Map, which indicates an intent for moderate -density mixed -use
development. The infill score for the subject property is high with nearby
access to existing transit routes for both Ozark Regional Transit and
Razorback Transit and close proximity to other services and amenities such
as grocery stores, parks, and trails. Staff finds that the proposed rezoning
from C-2 to CS is generally aligned with the goals outlined in City Plan 2040
since it would allow for a greater mixture of commercial and residential uses
along a major transit corridor and in close proximity to goods and services,
potentially encouraging infill and the creation of complete, compact, and
connected development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning from C-2 to CS is justified and aligned with the
property's future land use designation as City Neighborhood area. C-2 is
considered a commercial zoning district intended to serve regional
customers, while CS is a mixed -use zoning district intended to serve nearby
residents. Since City Neighborhood areas are intended to provide a varying
mix of nonresidential and residential uses to serve the local residents, staff
finds the proposed zoning designation to be better aligned with the City's
future land use plans.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that any new development on this property, whether under the
current or proposed zoning, would likely increase traffic at this location.
However, staff finds that the applicant's requested rezoning would allow for
the addition of more residential uses in close proximity to public transit and
trail networks which could potentially reduce vehicle trip generation. New
street or traffic improvements and the adequacy of access for vehicles,
pedestrians, and emergency services would be determined at the time of
development review.
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: The proposed rezoning has the potential to alter the population density since
CS allows residential development by right and has no stated density
maximum. That said, the property has direct access to public water, sewer,
streets, and trails and staff finds that any new development is not likely to
undesirably increase the load on public services. Fayetteville Public Schools
did not comment on this request.
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 recommends forwarding RZN-2023-0024 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required
Date: September 11, 2023 O Tabled
Motion: Winston
Second: Garlock
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
YES
M Forwarded O Denied
with a recommendation
of approval
• Unified Development Code:
o §161.22 Community Services
o §161.23 District C-2, Thoroughfare Commercial
• Request Letter
• One Mile Map
• Close -Up Map
Current Land Use Map
Future Land Use Map
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
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 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) 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
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
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 laces
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
1 Small scale production
Unit 46
1 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.
(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
15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 1 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
ENGINEERING SERVICES INC.
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746
August 18, 2023
Gretchen Harrison, Senior Planner Submitted via email to
Development Services gharrison@fayetteville-ar.gov
City of Fayetteville, Arkansas
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Petition Amendment
RZN-2023-0024
Ms. Harrison,
We previously submitted application materials to rezone parcel 765-15568-001 from C-2 to U-
T. This item has been designated RZN-2023-0024.
Based on feedback we received for this project, we would like to amend the application to
change the requested zoning district. Instead of rezoning the property to U-T, we would like to
rezone the property to C-S (Community Services).
The property is approximately 6.8 acres in size, and is located north of Lowes along the east
side of North College Avenue. It is owned by the Marvin E. Moles Revocable Trust, the Sharon
A. Moles Revocable Trust, and the University Club Land Co, LLC.
The future land use plan designates this area as City Neighborhood. The zoning and/or use of
the surrounding properties is commercial, and no adverse impacts to neighborhood are
anticipated to result from the requested change in zoning.
Please let me know if you need any additional information regarding this request.
Sincerely,
---r
Daniel Lazenby
Brian J. Moore, P.E. I Tim J. Mays, P.E. I Jason Appel, P.E. I Jerry W. Martin
a 9 President Vice President Secretary/Treasurer Chairman of the Board
ENGINEERING SERVICES INC. FF
Consulting
Engineers and
Surveyors www.engineeringservices.com
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Form v1 36
NWA
I r ia
A WEHCO MEDIA COMPANY
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED
Ad number#: 334138 OCT 10 2023
PO#:
CITY Matter of: ord 6691 CITYOF CLERK'S OFFIICE
AFFIDAVIT•STATE OF ARKANSAS
1,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and
during the publication of the annexed legal advertisement in the matter of:
ord 6691
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 NWA Democrat Gazette for publication the sum of$79.30.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 10/07/23;NWA nwaonline.com 10/07/23
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 10th day of October,2023 ,,, •�
s p,„ CATHERINE STAGGS
-./NO MY COMMISSION#12402772
CAa .,,t; = EXPIRES;February 28, 2025
Washington County
NOTARY PUBLIC
Washington County,AR
I certify this instrument was filed on
10/16/2023 02:29:12 PM
and recorded in Real Estate
File Number 2023-00026995
Kyle Sylvester- Circuit Clerk
Ordinance:6691
File Number: 2023-1095
REZONING-2023-0024:(EAST
OF N. COLLEGE AVE./MOLES,
096):
AN ORDINANCE TO REZONE `'
THE PROPERTY DESCRIBED IN RECEIVED
Ep
REZONING PETITION RZN 2023-
0024 FOR APPROXIMATELY 6.79
ACRES LOCATED EAST OF
NORTH COLLEGE AVENUE NEAR OCT 10 2023
WATERSIDE COURT IN WARD 3
FROM C-2, THOROUGHFARE
COMMERCIAL TO CS,COMMU-
NITY SERVICES CITY OF FAYETTEVILLE
BE IT ORDAINED BY THE CITY CITY CLERKS OFFICE
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B)both attached to the
Planning Department's Agenda
Memo from C-2,Thoroughfare
Commercial to CS,Community
Services.
Section 2:That the City Coun-
cil 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
October 3,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount paid:$79.30
October 7,2023 334138