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HomeMy WebLinkAboutOrdinance 6692Doc ID: 021305490003 Type: REL Kind: ORDINANCE Recorded: 10/16/2023 at 02:29:33 PM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File2023_00026996 113 West Mountain Street Fayetteville. AR 72701 (479) 575-8323 Ordinance: 6692 File Number: 2023-1094 REZONING-2023-0023: (WEST OF 4451 N. WATERSIDE CTJUNIVERSITY CLUB LAND CO LLC, 096): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0023 FOR APPROXIMATELY 3.37 ACRES LOCATED WEST OF 4451 NORTH WATERSIDE COURT IN WARD 3 FROM R-O, RESIDENTIAL OFFICE 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 R-O, Residential Office 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 Page 1 Attest: Paxton, City Clerk/Creasurer RZN-2023-0023 WEST OF 4451 N . WATERSIDE RZN-2023-0023 Close Up View CT EXHIBIT 'A' C-2 Residential Link Feet _~ Planning Area 0 75 150 300 450 600 ! - - : Fayetteville City Limits I 1 :2,400 ,A& NORTH Zone Current Proposed R-O 3.3 0.0 Cs 0.0 3.3 Total 3.3 ac RZN-2023-0023 EXHIBIT'B' LEGAL DESCRIPTION FOR UNIVERSITY CLUB LAND CO., LLC REZONING (WD 2007-26625) Lot 11, Timberlake Office Park, a subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat record book 23A at page 297, plat records of Washington County, Arkansas. LESS AND EXCEPT: A part of the SE1/4 of the NE1/4 and a part of the NE1/4 of the SE1/4 of Section 23, T-17-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: Commencing at the NE Corner of the NE1/4 of the SE1/4 of said Section 23, said point being a found nail in fence post; thence S 02°25'14" W, 612.76 feet to the North right-of-way of Zion Road; thence along said North right-of-way line N 87°24'38" W, 329.42 feet; thence N 2°23'47" E, 653.39 feet; thence N 87°34'41" W, 111.32 feet; thence N 35°30'34" W, 223.57 feet; thence N 49°39'16" E, 75.73 feet to the point of beginning; thence N 40°28'36" W, 68.94 feet; thence N 49°39'19" E, 60.19 feet; thence S 83°52'10" E, 54.97 feet; thence N49°39'16" E, 41.48 feet; thence along a curve to the right having an arc length of 17.18 feet, a radius of 25.00 feet and a chord bearing and distance of S 60°01'53" E, 16.84 feet; thence S 40°20'44' E, 13.22 feet; thence S 49°39'16" W, 145.00 feet to the point of beginning, containing 7,344 square feet or 0.169 acres, more or less, and subject to all rights -of -way, easements and restrictive covenants of record or fact. 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 2023-1094 SUBJECT: RZN-2023-0023: Rezoning (WEST OF 4451 N. WATERSIDE CT./UNIVERSITY CLUB LAND CO LLC, 096): Submitted by ENGINEERING SERVICES INC. for property located WEST OF 4451 N. WATERSIDE CT. in WARD 3. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.37 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 in north Fayetteville on the west side of Waterside Court, just north of Lowe's. The property contains approximately 3.37 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 R-O, Residential Office in 2015. The property was platted as part of the Timberlake Office Park in 2007 and labeled as an unbuildable lot reserved for detention. The majority of the property has a slope in excess of 15 percent though it is not located within the City's Hillside/Hilltop Overlay District. Request: The request is to rezone the subject property from R-O, Residential Office, 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 R-O to CS to be compatible with surrounding land uses. The property is located at the end of a platted commercial subdivision and is largely surrounded by commercial and nonresidential uses. The existing zoning district of R-O, Residential Office, allows for a mixture of commercial and residential uses though it is primarily designed to provide area for offices without limitation to their nature or size. The proposed zoning district of CS, Community Services would allow for a wider range of commercial and residential uses that are primarily designed to provide convenience goods and personal Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 services for persons living in surrounding residential areas while supporting the development of adaptable mixed use centers along commercial corridors. The existing zoning district of R-O gives developers the option to utilize conventional or urban form setbacks while the proposed zoning district of CS requires urban form setbacks. Staff finds that urban form setbacks may not be desirable on the subject property since it has limited street frontage and is located on the turning circle of a cul-de-sac, making it a challenging location for street - oriented development. With regard to residential density, R-O currently allows a maximum of 24 units per acre while a rezoning to CS would allow for unlimited density. With regard to bulk and area regulations, the proposed rezoning would also reduce lot width and area minimums. When considering that R-O is intended to allow for commercial development without limitation to size and both R-O and CS limit building heights to five stories, staff does not find issue with the more permissive density and lot size regulations associated with the proposed CS zoning district. 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 R-O 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 Sparkman made the motion and Commissioner Holcomb 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 #: 2023-1094 RZN-2023-0023: Rezoning (WEST OF 4451 N. WATERSIDE CT./UNIVERSITY CLUB LAND CO LLC, 096): Submitted by ENGINEERING SERVICES INC. for property located WEST OF 4451 N. WATERSIDE CT. in WARD 3. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.37 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0023 FOR APPROXIMATELY 3.37 ACRES LOCATED WEST OF 4451 NORTH WATERSIDE COURT IN WARD 3 FROM R-O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: 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 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 2023-1094 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-2023-0023: Rezoning (WEST OF 4451 N. WATERSIDE CT./UNIVERSITY CLUB LAND CO LLC, 096): Submitted by ENGINEERING SERVICES INC. for property located WEST OF 4451 N. WATERSIDE CT. in WARD 3. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.37 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 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-2023-0023: Rezoning (WEST OF 4451 N. WATERSIDE CT./UNIVERSITY CLUB LAND CO LLC, 096): Submitted by ENGINEERING SERVICES INC. for property located WEST OF 4451 N. WATERSIDE CT. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 3.50 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2023-0023 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2023-0023 to City Council with a recommendation of approval." BACKGROUND: The subject property is in north Fayetteville on the west side of Waterside Court just north of Lowe's. The property contains approximately 3.50 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 R-O, Residential Office in 2015. The property was platted as part of the Timberlake Office Park in 2007 and labeled as an unbuildable lot reserved for detention. The majority of the property contains a slope in excess of 15 percent though it is not located within the City's Hillside/Hilltop Overlay District. Surrounding land uses and zoning are listed in Table 1. Table 1: Surroundina Land Uses and Zonina Direction Land Use Zoning North Natural Area R-O, Residential Office South Lowe's C-2, Thoroughfare Commercial East Undeveloped R-O, Residential Office West Natural Area C-2, Thoroughfare Commercial Request: The request is to rezone the subject property from R-O, Residential Office, 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 Waterside Court, a partially improved Residential Link street with asphalt paving, curb, and gutter. Any street improvements required 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 in the center of Waterside Court. Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer main is present along the northeast side of Waterside Court. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams or hydric soils are present. 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 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 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 R-O to CS to be compatible with surrounding land uses. The property is located at the end of a platted commercial subdivision and is largely surrounded by commercial and nonresidential uses. The existing zoning district of R-O, Residential Office allows for a mixture of commercial and residential uses though it is primarily designed to provide area for offices without limitation to their nature or size. The proposed zoning district of CS, Community Services would allow for a wider range of commercial and residential uses that are primarily designed to provide convenience goods and personal services for persons living in surrounding residential areas while supporting the development of adaptable mixed use centers along commercial corridors. The existing zoning district of R-O gives developers the option to utilize conventional or urban form setbacks while the proposed zoning district of CS requires urban form setbacks. Staff finds that urban form setbacks may not be desirable on the subject property since it has limited street frontage and is located on the turning circle of a cul-de-sac, making it a challenging location for street -oriented development. With regard to residential density, R-O currently allows a maximum of 24 units per acre while a rezoning to CS would allow for unlimited density. With regard to bulk and area regulations, the proposed rezoning would also reduce lot width and area minimums. When considering that R-O is intended to allow for commercial development without limitation to size and both R-O and CS limit building heights to five stories, staff does not find issue with the more permissive density and lot size regulations associated with the proposed CS zoning district since the rezoning would primarily allow for a greater 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 R-O 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 R-O to CS is justified. While both R-O and CS are considered mixed -use zoning districts, CS allows multi -family residences and non-residential uses intended to serve nearby residents, such as shopping goods and eating places, by right which appears to be better aligned with the property's future land use designation as City Neighborhood area. 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. Further, since no traffic crashes have been reported at the intersection of Waterside Court and Zion Road since 2017, staff finds that any new development on the property is not likely to adverse impact traffic safety. 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 R-O limits the maximum number of residential units to 24 per acre and does not allow multi -family dwellings by right while CS has no stated density maximum and does allow multi -family dwellings by right. That said, the property has direct access to public water, sewer, and streets 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-2023-0023 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required Date: September 11, 2023 O Tabled Motion: Sparkman ISecond: Holcomb BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.20 District R-O, Residential Office o §161.22 Community Services • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map YES O Forwarded O Denied with a recommendation of approval 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 oods 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 1 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 ark 50 feet Single-family 60 feet Two 2 family 60 feet Three 3 or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home ark 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 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 Rear when contiguous to a single 15 feet family residential district (F) Building Height Regulations. Building Height Maximum 1 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. 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 goods 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. 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-2023-0023 Ms. Harrison, We previously submitted application materials to rezone parcel 765-27684-000 from R-O to U- T. This item has been designated RZN-2023-0023. 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 3.5 acres in size. It is located along the west side of Waterside Court, and was platted as Lot 11 of the Timberlake Office Park subdivision. It is owned by 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 � RZN-2023-0023 WEST OF 4451 N. WATERSIDE One Mile View CT NORTH 0 0.13 0.25 0.5 Miles ��rrrr---- 1 I O 2 ♦ W ♦ Q W ♦ W ; R-A Subject Property MAIN DR C-2 r� Regional Link Neighborhood Link Regional Link - High Activity - Unclassified - Residential Link JJW Planned Residential Link r Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area I 1 t � Planning Area Fayetteville City Limits J ♦ ♦t r R-O ; ; �` r I\ ♦ zoning = I-2 Industrial --- RESIDENTIAL SINGLE-FAMILY EXTRACTION = NSG = E-1 RI-U COMMERCIAL RI-12 Rssidenlial- . NS-L C-1 ResmanYal-Agrlcunu I♦ c-2 t _ RSF-.5 C-3 _ RSF-1 FORM BASED DISTRICTS _ RSF-2 � Downtown Gore RSF< Urban Tlw— hfxre RSF' � Maln Sbeat Center RSFAM Down— Gen RSF-15 Community Services RESIDENTIALMULTI-FAMILY Neighborhood Sery p RMIs Neighborhood Conserredon RMF-12 PLANNED ZONING DISTRICTS RMF-13 IIIIIIIIICommercial. Intlusidal. ResitleMial - RMF-sa INSTITUTIONAL RMF _ R 1 INDUSTRIAL I-1 Reavy cnmmemlal ana Lgnt meaawal RZN-2023-0023 WEST OF 4451 N. WATERSIDE Close Up View CT C-2 Residential Link Feet _~ Planning Area 0 75 150 300 450 600 ! - - : Fayetteville City Limits I 1 :2,400 ,A& NORTH Zone Current Proposed R-O 3.3 0.0 Cs 0.0 3.3 Total 3.3 ac RZN-2023-0023 WEST OF 4451 N. WATERSIDE _ Current Land Use CT NORTH Coll ah� 0Zone i a J Commercial y MAIN DR R� Subject Property w, i eff. 6/2008 E �* Undeveloped iP ` `' Commercial, Undeveloped, and Veterans Park P 0 Flit s € ! r 1 s 1 § 1! p — r l 1 r Commercial I ;C, 1 ` M ` - LU n ZION RD Ilc 0i `�.T�T�.•- � PANE .• ,< ,� j _ -�. 05143COy 070F` .-1— b _ �- 010 eff, 511612008_ Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity 100-Year Floodplain Unclassified Feet Floodway Residential Link 0 112.5 225 450 675 900 Planning Area _ _ Fayetteville City Limits :3,600 RZN-2023-0023 Future Land Use ,t r w • J r J �• W y, = Zr V 04 I a• DR • • • Q Cl) o RD Urban Cente m Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planning Area Fayetteville City Limits WEST OF 4451 N. WATERSIDE CT Natural Feet NORTH ♦ ♦ , ♦ , , ♦ Civic Ad Private Open Spa'e y •. � 0 145 290 580 870 :11 1 1 1 1 1 1 1 1 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center Form v1 36 A WEHCO MEDIA COMPANY Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI Ad number #: 334140 PO #: Matter of. ord 6692 AFFIDAVIT • STATE OF ARKANSAS RECEIVED OCT 10 20?3 ',ITY OF F , T'.' r I r I, 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 6692 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 $80.60. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 10107123; NWA nwaonl[ne.com 10107123 Finance Director State of ARKANSAS, County of WASHINGTON , Subscribed and sworn to before me on this 1 Oth day of October, 2023 I r fa- • 1_ NOTARY CATHERINE STAGGS MY COMMISSION # 12402772 �'i%r;tir' EXPIRES: February 28, 2025 Washington County Ordinance: 6692 File Number: 2023-1094 REZONING-2023-0023: (WEST OF 4451 N. WATERSIDE CT./UNIVERSITY CLUB LAND CO LLC,096): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023- 0023 FOR APPROXIMATELY 3.37 ACRES LOCATED WEST OF 4451 NORTH WATERSIDE COURT IN WARD 3 FROM R-O, RESIDEN- TIAL OFFICE TO CS, COMMU- NITY SERVICES 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 :hanges 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 f,om R-O, Residential Office to CS, Community Services. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby amends the official zoning map of the C ty of Fayetteville to reflect the zoning change provided in Sec- tion 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. ,..,..,, , .. con an RECEIVE OCT 10 2023 CITY OF FAYETTEVILLE CITY CLERK'S OFFICI` vvasnington County, AR I certify this instrument was filed on 10/16/2023 02:29:33 PM and recorded in Real Estate File Number 2023-00026996 Kyle Sylvester - Circuit Clerk by _.r <: ----- -