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----
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= I-2 Industrial
---
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
= NSG
= E-1
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RZN-2023-0023 WEST OF 4451 N. WATERSIDE
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Zone Current Proposed
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RZN-2023-0023 WEST OF 4451 N. WATERSIDE _
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Regional Link - High Activity 100-Year Floodplain
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0 112.5 225 450 675 900
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_ _ Fayetteville City Limits :3,600
RZN-2023-0023
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WEST OF 4451 N. WATERSIDE
CT
Natural
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0 145 290 580 870
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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 <: ----- -