HomeMy WebLinkAboutOrdinance 6706 11111111111111111111111111111111111111111111111111111
Doc ID: 021361070003 Type:
Kind: ORDINANCE
ded:
,0, cAYE,TfL FeeoAmt: $25.00/2023 Page itof0358:39 AM
. Washington County, AR
4ts Kyle Sylvester Circuit Clerk
ate # File2023-00030603
4gKAN5P4
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6706
File Number: 2023-1208
REZONING-2023-0028: (150 N.SKYLINE DR, UNIT 22/MOUNT SEQUOYAH CENTER INC,486):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-028 FOR
APPROXIMATELY 0.14 ACRES LOCATED AT 150 NORTH SKYLINE DRIVE IN WARD I FROM P-I,
INSTITUTIONAL TO NS-G,NEIGHBORHOOD SERVICES-GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section I: 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 P-1. Institutional,to NS-G.Neighborhood Services-General.
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 I.
PASSED and APPROVED on November 7,2023
Approved: Attest:
00,ERK/j�/ii
.���••• CITY••F1%-
L'o Id rdan, Mayor Kara Paxton,City Cler Treasurer =�: r�YE/T •,• '•~
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount paid:
Page 1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2023-1208
MEETING OF NOVEMBER 7, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: RZN-2023-0028: Rezoning (150 N. SKYLINE DR, UNIT 22/MOUNT SEQUOYAH
CENTER INC, 486): Submitted by EMILY GENTRY for property located at 150 N.
SKYLINE DR, UNIT 22 in WARD 1. The property is zoned P-1, INSTITUTIONAL and
contains approximately 0.14 acres. The request is to rezone the property to NS-G,
NEIGHBORHOOD SERVICES-GENERAL.
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 east Fayetteville on Mount Sequoyah and is the site of the Mount Sequoyah Center.
The overall property, including the requested rezoning for the 0.14-acre portion, is approximately 26 acres and
zoned P-1, Institutional. Established as a Methodist Episcopal Church training and events center in 1922,
Mount Sequoyah Center transitioned to a secular cultural and events space in 2016. Earlier in 2023, a Planned
Zoning District was proposed for the 26-acre site in its entirety, but the applicant withdrew that request after
receiving feedback from the surrounding community. The previously-requested PZD was never heard by the
Planning Commission or City Council.
Proposal: The request is to rezone 0.14 acres of the property from P-1, Institutional to NS-G, Neighborhood
Services – General.
Public Comment: Staff received public comment in support of the request to rezone a small portion of the site
to allow for a coffee shop. Staff received public comment in opposition to the request as a Planned Zoning
District; that public comment is not included due to the nature of the new application.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. The
organization, as it currently operates, is classified as Use Unit 4, a Cultural and Recreational Facility. This
designation allows the property to host the existing cultural and recreational events that it does, such as
weddings, camps, and art shows. Those uses generally draw members (and traffic) from the general public.
However, due to the property’s institutional zoning district, Mount Sequoyah has not been opened up for
commercial uses or other businesses, aside from a fitness center (also classified as Use Unit 4 in zoning
code). From a use perspective, the uses allowable in the proposed zoning district are largely compatible with
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
the existing uses on the property. Limited in scale to a building 8000 sq. ft. or less, Use Unit 12b, which allows
for commercial businesses, ensures that larger commercial structures are precluded from being constructed on
the site with this request. From a setback perspective, the two zoning districts are a bit different; P-1 has a 30-
foot front setback, where NS-G follows a build-to-zone. In this case however, less restrictive setbacks are likely
compatible with the current surroundings. No subdivision of land is currently proposed for this location, so
street frontage and side setbacks are not likely to become an issue. There is no building height maximum in P-
1; there is a three-story building height maximum in NS-G. Mount Sequoyah Center has a variety of building
types, sizes, scales and uses on the property, and staff finds that the request is compatible with surroundings.
Land Use Plan Analysis: Staff finds the proposal is somewhat consistent with the future land use designation
for this location, albeit acknowledging the property's change in ownership. The Future Land Use Map identifies
this area as a Civic Institutional Area, which is meant for buildings operated as a non-profit organization or
other governmental or institutional use. While this request would open the existing structure for commercial
uses, staff finds that the scale of the proposal would not undermine the overall intent of the Future Land Use
map classification. The property also has a low infill score, but the request at 0.14 acres means that only 2
dwelling units could be added to the site, and under Use Unit 12b, only a structure with a maximum size of
8000 square feet could be added to the site. The size and location of the request are not likely to alter the
primary use of the overall property in a way that would be incompatible. As the request relates to City Plan
2040 goals, staff finds it to be generally complimentary, particularly regarding the potential for retail and
services accessible to nearby residents.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (8” S. Skyline Drive, 6” West of Assembly Drive)
• Near Water Main (6” Assembly Drive, 8” South of N. Skyline Drive, 8” E. Skyline Drive)
• Near City Park (Mt. Sequoyah Woods)
DISCUSSION:
At the October 9, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Madden, who was in favor of the request, offered concerns
about how the use units outlined in the Unified Development Code were interpreted for a coffee shop, and
wanted to ensure that Mount Sequoyah had the ability to offer food service by a separate business, since it
seemed like it would primarily serve those already on site. No members of the public spoke at this meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2023-1208
RZN-2023-0028: Rezoning (150 N. SKYLINE DR, UNIT 22/MOUNT SEQUOYAH CENTER
INC, 486): Submitted by EMILY GENTRY for property located at 150 N. SKYLINE DR, UNIT
22 in WARD 1. The property is zoned P-1, INSTITUTIONAL and contains approximately 0.14
acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES-
GENERAL.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-028 FOR APPROXIMATELY 0.14 ACRES LOCATED AT 150 NORTH SKYLINE DRIVE IN
WARD 1 FROM P-1, INSTITUTIONAL TO NS-G, NEIGHBORHOOD SERVICES-GENERAL
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 P-1, Institutional, to NS-G, Neighborhood
Services-General.
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.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2023-1208
Item ID
11/9/2023
City Council Meeting Date - Agenda Item Only
RZN-2023-0028: Rezoning (150 N. SKYLINE DR, UNIT 22/MOUNT SEQUOYAH CENTER INC, 486): Submitted by EMILY
GENTRY for property located at 150 N. SKYLINE DR, UNIT 22 in WARD 1. The property is zoned P-1, INSTITUTIONAL
and contains approximately 0.14 acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES-
GENERAL.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
10/20/2023
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
P-1
RSF-4
Proposed NS-G
ASSEMBLYDR
SKYLINE D R
WILLIA M SDR
TEX A S W A Y
L IGH TON TRL
SKYLINE
DR
P
U
B
L
I
C
8
0
0
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2023-0028 150 N. SKYLINE DR, UNIT 22
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-G
P-1
0.1
0.0
Total 0.1 ac1:2,400
Current
0.0
0.1
EXHIBIT 'A'
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO-WIT:
COMMENCING AT A FOUND 3" ALUMINUM MONUMENT MARKING THE NORTHEAST CORNER OF SAID
SECTION 15, THENCE S40°08'31"W 2474.73 FEET TO THE TRUE POINT OF BEGINNING AND RUNNING,
THENCE S02°40'10"E 16.73 FEET, THENCE S38°57'01"W 4.80 FEET, THENCE S24°54'50"W 15.66 FEET,
THENCE S15°56'37"W 6.21 FEET, THENCE N71°28'53"W 3.90 FEET, THENCE S33°18'29"W 6.42 FEET,
THENCE S53°45'29"W 16.71 FEET, THENCE S70°16'37"W 5.65 FEET, THENCE S57°57'51"W 5.39 FEET,
THENCE S52°09'07"W 3.97 FEET, THENCE N82°35'28"W 11.19 FEET, THENCE N15°42'42"E 31.44 FEET,
THENCE N08°13'22"E 5.92 FEET, THENCE N52°55'21"W 23.37 FEET, THENCE N25°22'26"W 3.74 FEET,
THENCE N41°57'36"W 1.63 FEET, THENCE N16°24'39"W 1.60 FEET, THENCE N28°13'16"E 4.42 FEET,
THENCE N04°29'25"E 7.80 FEET, THENCE N02°53'23"E 60.08 FEET, THENCE S87°07'14"E 37.36 FEET,
THENCE S04°11'13"E 18.38 FEET, THENCE S85°34'26"E 5.50 FEET, THENCE S24°13'42"E 21.43 FEET,
THENCE S39°53'54"E 12.35 FEET, THENCE S03°48'40"E 18.03 FEET, TO THE POINT OF BEGINNING.
CONTAINING 0.140 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
EXHIBIT 'B'
Washington County,AR
I certify this instrument was filed on
11/27/2023 10:58:39 AM
and recorded in Real Estate
File Number 2023-00030603
Kyle Sylvester- Circuit Clerk
by
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: October 9, 2023
SUBJECT: RZN-2023-0028: Rezoning (150 N. SKYLINE DR, UNIT 22/MOUNT
SEQUOYAH CENTER INC, 486): Submitted by EMILY GENTRY for
property located at 150 N. SKYLINE DR, UNIT 22. The property is zoned
P-1, INSTITUTIONAL and contains approximately 0.14 acres. The request
is to rezone the property to NS-G, NEIGHBORHOOD SERVICES-
GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0028 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2023-0028 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in east Fayetteville on Mount Sequoyah and is a portion of the Mount
Sequoyah Center site. The overall property, including the requested rezoning for the 0.14-acre
portion, is approximately 26 acres and zoned P-1, Institutional. Established as a Methodist
Episcopal Church training and events center in 1922, Mount Sequoyah Center transitioned to a
more secular cultural and events space in 2016. Earlier in 2023, a Planned Zoning District was
proposed for the site in its entirety, but the applicant withdrew that request after receiving feedback
from the surrounding community. The previously-requested PZD was never heard by the Planning
Commission, or City Council. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Cultural and Recreational Facility P-1, Institutional
South Cultural and Recreational Facility P-1, Institutional
East Cultural and Recreational Facility P-1, Institutional
West Cultural and Recreational Facility P-1, Institutional
Request: The request is to rezone 0.14 acres of the property from P-1, Institutional to NS-G,
Neighborhood Services – General.
Public Comment: Staff received some public comment in support of the request to rezone a small
portion of the site to allow for a coffee shop. Staff received public comment in opposition to the
request as a Planned Zoning District; that public comment is not included due to the nature of the
new application.
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 1 of 18
Updated with results from October 9, 2023 PC Meeting
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The overall subject area has frontage along Skyline Drive, which runs a loop
around the Mount Sequoyah property. Skyline Drive is a partially improved
Residential Link street with asphalt paving and open ditches. Any street
improvements required in these areas would be determined at the time of a
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is available to the subject area. An existing 8-inch water main is
present running through the north side of the property in an existing easement. An
existing 8-inch water main is present on the northwest side of Fayetteville right-of-
way along Assembly Drive. An existing 6-inch water main is present on the
southwest side of the Fayetteville right-of-way along the main drive. An existing 8-
inch water main is present on the west side of E. Skyline Drive.
Sewer: Sanitary sewer is available to the subject area. A 6-inch sanitary sewer main is
present along the west side of the right-of-way along the main drive (Assembly
Drive). An existing 8-inch sanitary sewer main is present on the south side of S.
Skyline Drive.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 1.4 miles from the fire station with an anticipated drive time of
approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within a FEMA floodplain, nor are there hydric soils
present on the site. There are no protected streams present in the subject area.
The property is located within the Hillside-Hilltop Overlay District. Additional
restrictions will apply at the time of development. Engineered footing designs will
be required at the time of building permit submittal, as well as grading, erosion
control and abbreviated tree preservation plans.
Tree Preservation:
The proposed zoning district of NS-G, Neighborhood Services - General requires
20% minimum canopy preservation. The current zoning district of P-1,
Institutional requires 25% 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 a Civic Institutional.
Civic Institutional Areas are dedicated for buildings generally operated by not-for-profit
organizations dedicated to culture, government, education or transit and municipal parking.
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 2 of 18
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 4 for this site,
with a weighted score of 3.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (8” S. Skyline Drive, 6” West of Assembly Drive)
• Near Water Main (6” Assembly Drive, 8” South of N. Skyline Drive, 8” E. Skyline Drive)
• Near City Park (Mt. Sequoyah Woods)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. The organization, as it currently operates, is classified
as Use Unit 4, a Cultural and Recreational Facility. This designation allows
the property to host the existing cultural and recreational events that it does,
such as weddings, camps, and art shows. Those uses generally draw
members (and traffic) from the general public. However, due to the
property’s institutional zoning district, Mount Sequoyah has not been
opened up for commercial uses or other businesses, aside from a fitness
center (also classified as Use Unit 4 in zoning code). From a use perspective,
the uses allowable in the proposed zoning district are largely compatible
with the existing uses on the property. Limited in scale to a building 8000 sq.
ft. or less, Use Unit 12b which allows for commercial businesses, ensures
that larger commercial structures and businesses are precluded from being
constructed on the site with this request. From a setback perspective, the
two zoning districts are a bit different; P-1 has a 30-foot front setback, where
NS-G follows a build-to-zone. In this case, however, less restrictive setbacks
are likely compatible with the current surroundings. No subdivision of land
is currently proposed for this location, so street frontage and side setbacks
are not likely to become an issue. There is no building height maximum in P-
1; there is a three-story building height maximum in NS-G. Mount Sequoyah
Center has a variety of building types, sizes, scales and uses on the property,
and staff finds that the request is compatible with surroundings.
Land Use Plan Analysis: Staff finds the proposal is somewhat inconsistent
with the goals in City Plan 2040 and the future land use designation for this
location. The Future Land Use Map identifies this area as a Civic Institutional
Area, which is meant for buildings operated as a non-profit organization or
other governmental or institutional use. While this request would open up
the existing structure for commercial uses, staff finds that the scale of the
proposal would not undermine the overall intent of the Future Land Use map
classification. The property also has a low infill score, but the request at 0.14
acres means that only 2 dwelling units could be added to the site, and under
Use Unit 12b, only a structure with a maximum size of 8000 square feet could
be added to the site. The size and location of the request are not likely to
alter the primary use of the overall property in a way that would be
incompatible.
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 3 of 18
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 to NS-G is justified. While the zoning district
begins to insert commercial uses into a Civic Institutional Area, staff finds
that the rezoning is incremental in scale.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to NS-G at this location has the possibility to increase traffic to the
site, but staff finds that given the size of the request, the intended
commercial uses are likely to serve the individuals who are already on Mount
Sequoyah for the existing programming, and is unlikely to appreciably
increase congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to NS-G may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to 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 approval of RZN-2023-0028.
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 4 of 18
PLANNING COMMISSION ACTION: Required YES
Date: October 9, 2023 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.32 District P-1, Institutional
o §161.19 NS-G, Neighborhood Services - General
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 5 of 18
Brink
Garlock
9-0-0
X
with a
recommendation
of approval.
161.32 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public
institutions and church related organizations.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
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 26 Multi-family dwellings
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front 30 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side 20 feet
Side, when contiguous to a residential district 25 feet
Rear 25 feet
Rear, from center line of public alley 10 feet
(F) Height Regulations. There shall be no maximum height limits in P-1 Districts, provided, however, 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 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.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-6-
08; Ord. No. 5312, 4-20-10; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015 ,
§1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §8, 1-18-22)
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 6 of 18
161.19 NS-G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood
development form with sustainable and complementary neighborhood businesses that are compatible in scale,
aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the
Neighborhood Services district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12b General business
Unit 24 Home occupations
Unit 40 Sidewalk cafes
Unit 41 Accessory dwelling units
Unit 44 Cluster housing development
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 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 16 Shopping goods
Unit 19 Commercial recreation, small sites
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 36 Wireless communication facilities
Unit 45 Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family 4,000 square feet
Two (2) family or more 3,000 square feet per dwelling
unit
All other uses None
(E) Setback regulations.
Front Side Side-Zero Lot Line* Rear Rear when contiguous to
a single-family residential
district
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 7 of 18
A build-to zone that is
located between the front
property line and a line 25
feet from the front
property line.
5 feet A setback of less than 5
feet (zero lot line) is
permitted on one interior
side, provided a
maintenance agreement
is filed**. The remaining
side setback(s) shall be
10 feet.
None 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No.
6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023,
unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal
and termination section."
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 8 of 18
Rezoning Application
August 30, 2023
by:
Emily Gentry
President & CEO
Mount Sequoyah Center, Inc.
479-443-4531
emily.gentry@mountsequoyah.org
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 9 of 18
Payment
Mount Sequoyah will submit proper
payment for associated fees upon
invoicing.
$325 for the rezoning application fee
$5 x 2 signs = $10 for proper signage
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 10 of 18
Legal Description
A PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT:
COMMENCING AT A FOUND 3" ALUMINUM MONUMENT MARKING THE
NORTHEAST CORNER OF SAID SECTION 15, THENCE S40°08'31"W
2474.73 FEET TO THE TRUE POINT OF BEGINNING AND RUNNING,
THENCE S02°40'10"E 16.73 FEET, THENCE S38°57'01"W 4.80 FEET,
THENCE S24°54'50"W 15.66 FEET, THENCE S15°56'37"W 6.21 FEET,
THENCE N71°28'53"W 3.90 FEET, THENCE S33°18'29"W 6.42 FEET,
THENCE S53°45'29"W 16.71 FEET, THENCE S70°16'37"W 5.65 FEET,
THENCE S57°57'51"W 5.39 FEET, THENCE S52°09'07"W 3.97 FEET,
THENCE N82°35'28"W 11.19 FEET, THENCE N15°42'42"E 31.44 FEET,
THENCE N08°13'22"E 5.92 FEET, THENCE N52°55'21"W 23.37 FEET,
THENCE N25°22'26"W 3.74 FEET, THENCE N41°57'36"W 1.63 FEET,
THENCE N16°24'39"W 1.60 FEET, THENCE N28°13'16"E 4.42 FEET, THENCE
N04°29'25"E 7.80 FEET, THENCE N02°53'23"E 60.08 FEET, THENCE
S87°07'14"E 37.36 FEET, THENCE S04°11'13"E 18.38 FEET, THENCE
S85°34'26"E 5.50 FEET, THENCE S24°13'42"E 21.43 FEET, THENCE
S39°53'54"E 12.35 FEET, THENCE S03°48'40"E 18.03 FEET, TO THE POINT
OF BEGINNING. CONTAINING 0.140 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
GIS Approved
09/05/2023
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 11 of 18
Statement
This rezoning is compatible with neighboring property and will not
unreasonably adversely affect or conflict with surrounding land uses.
The neighborhood has had numerous meetings and discussions about
the project and is overwhelmingly in support of rezoning one building
on the Mount Sequoyah campus to become a coffee shop.
The Neighborhood Services, General district is designed to serve as a
mixed use area of medium intensity. Neighborhood Services, General
promotes a walkable, pedestrian-oriented neighborhood development
form with sustainable and complementary neighborhood businesses
that are compatible in scale, aesthetics, and use with surrounding land
uses.
A coffee shop in the Ozark Building is in direct support of the about
statement.
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 12 of 18
Notification of Intent
Mount Sequoyah Center Inc.
Rezoning
150 N Skyline Drive
Fayetteville, AR 72701
This is a written notification to inform the residents of the Mount Sequoyah district and
surrounding areas of the application and intent submitted to the City of Fayetteville by
Mount Sequoyah Center, Inc. to change the current zoning district of the Ozark Building
and patio area from P1 to Neighborhood Services - General
Project Description:
Mount Sequoyah Center, Inc. proposes a coffee shop at the Ozark Building located at 150 N
Skyline Drive, Fayetteville, AR 72701.
Building and Land Use:
The building and surrounding patio area are to be used as a coffee shop.
Zoning:
Current zoning - P1, Institution
Proposed zoning - Neighborhood Services - General
Size of Property: 0.140 acres
Density/Intensity: Eighteen (18) or less per acre.
Public Hearings:
As of issuance of this letter, you can attend City meetings in person or online by going to to
following City webpage and selecting the meetings listed below. Although the meetings
and dates below are accurate, participation instructions are forthcoming or can be found
the week of a meeting at
www.fayetteville-ar.gov/1503/meeting-agendas-and-video
Planning Commission: 5:30 PM; Insert Correct Date; 113 West Mountain Street (City
Administration Building Room 219) Fayetteville, AR 72701
Developer: N/A
Review Location:
The project information is available for public review at the City of Fayetteville Planning
Division, 125 West Mountain Street, Fayetteville, AR 72701
Monday - Friday, 8 AM - 5 PM; 479-575-8267
Thank you,
Emily Gentry
President & CEO
Mount Sequoyah Center, Inc.
479-443-4531
emily.gentry@mountsequoyah.org Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 13 of 18
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 14 of 18
NC
R-A
RMF-24
R-O
I-1
RSF-8
DG
P-1
RSF-4
RMF-6
RPZD
H
U
N
T
S
VIL
L
E
R
D
M
ISS
ION
BLVD
LAFAYETTE ST
Neighborhood Link
Urban Center
Unclassified
Alley
Residential Link
Shared-Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2023-0028 150 N. SKYLINE DR, UNIT 22 N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 15 of 18
P-1
RSF-4
Proposed NS-G
ASSEMBLYDR
SKYLINE D R
WILLIA M SDR
TEX A S W A Y
L IGH TON TRL
SKYLINE
DR
P
U
B
L
I
C
8
0
0
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2023-0028 150 N. SKYLINE DR, UNIT 22
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-G
P-1
0.1
0.0
Total 0.1 ac1:2,400
Current
0.0
0.1
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 16 of 18
A S S E M B L Y D R
SKYLINE DR
RODGERS DR
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2023-0028 150 N. SKYLINE DR, UNIT 22 N
0 225 450 675 900112.5
Feet
Subject Property
Mt. Sequoyah Woods
Single-Family Residential
Institutional
Single-Family Residential
1:3,600
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 17 of 18
Civic and
Private
Open Space
Civic
Institutional
Residential
Neighborhood
S KYLINEDR
A S S E M B L Y D R
LIGHT
O
N
T
R
L
RODGERS DR
T E X A S W A Y
SKYLINE DR
P
U
B
L
IC
8
0
0
DOGWOO D L N
TANA
G
E
R
L
N
WILLIAMS
DR
S E QUOYAH
DR
HE A T H
D R
LAFAYETTE ST
CRESCENT DR ALLE
Y
697
RODGERSDR
ROCK ST
KESTRELDR
REX DR
S O U T H E R N
H E I G H T S P L
LIGHTON TRL
MISSOURI W A Y
OKLAHOMA
WAYSUMMIT
AVE
Neighborhood Link
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2023-0028 150 N. SKYLINE DR, UNIT 22 N
0 290 580 870 1,160145
Feet
Subject Property
1:4,800
Planning Commission
October 9, 2023
RZN-2023-0028 (MOUNT SEQUOYAH CENTER INC)
Page 18 of 18
Form v1 41
i\a/NV\'4\
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72703 NOV 1 3 2023
Ad number#: 346536
PO #: OtY OF FAYETTEVILLE
VITY CLERKS OFFICE
Matter of: ORD 6706
AFFIDAVIT•STATE OF ARKANSAS
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/BENTON 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 6706
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 tide 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$94.24.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 11/12/23;NWA nwaonline.com 11/12/23
67e2(
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of November,2023
. ,,,, CATHERINE STAGGS
=.4 cfr .F MY COMMISSION 012402772
,.gar EXPIRES:February 26, 2025
►� ', nr,t.0' Washington County
NOTARY PUBLIC d
Ordinance:6706
File Number: 2023-1208
REZONING-2023-0028:(150
N.SKYLINE DR,UNIT 22/MOUNT
SEOUOYAH CENTER INC,486):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2023-
028 FOR APPROXIMATELY 0.14
ACRES LOCATED AT 150 NORTH
SKYLINE DRIVE IN WARD 1
FROM P-1,INSTITUTIONAL TO
NS-G, NEIGHBORHOOD SERV-
ICES-GENERAL
BE IT ORD ED BY T CITY RECEIVED
COUNCIL OFF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville, Arkansas hereby NOV 1 3 2023
changes the zone classification
of the property shown on the
map(Exhibit andthe legal de-
scription CRTY OF FAYETTEVILLE
scriplion (Exhibit B) both at-
tached to the Planning CITY CLERKS OFFICE
Department's Agenda Memo
from P-1,Institutional,to NS-G,
Neighborhood Services-Gen-
eral.
Section 2: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
the official zoning map of the
City of Fayetteville to reflect the
zoning change provided in Sec-
tion 1.
PASSED and APPROVED on
November 7,2023
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:$94.24
November 12,2023 346536
Form vt 41
NV\'4\
a
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72703
Ad number#: 346536 NOV 1 3 2023
PO #: TEVILLE
OITY CLERK'S OF OFFICE
Matter of: ORD 6706
AFFIDAVIT•STATE OF ARKANSAS
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/BENTON county,State ofARKANSAS;that I was so related to this
publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6706
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$94.24.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 11/12/23;NWA nwaonline.com 11/12/23
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of November,2023
.tc•., CATHERINE STAGGS
?.t o+ \ MY COMMISSION#12402772
EXPIRES:February 8, 2025
►^�-� ':r���!, Washington County
J NOTARY PUBLIC
Ordinance:6706
File Number: 2023-1208
REZONING-2023-0028:(150
N.SKYLINE DR,UNIT 22/MOUNT
SEOUOYAH CENTER INC,486):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2023-
028 FOR APPROXIMATELY 0.14
ACRES LOCATED AT 150 NORTH
SKYLINE DRIVE IN WARD 1
FROM P-1,INSTITUTIONAL TO
NS-G, NEIGHBORHOOD SERV-
ICES-GENERAL
BE IT ORD ED BY T CITYRECEIVED
COUNCIL OFF THE CITY OFF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville, Arkansas hereby NOV 1 3 2023
changes the zone classification
of the property shown on the
map(Exhibit A)and the legal de- �hT Y OF FAYETTEVILLE
scription (Exhibit B) both at-
tached to the Planning CITY CLERK'S OFFICE
Department's Agenda Memo
from P-1,Institutional,to NS-G,
Neighborhood Services-Gen-
eral.
Section 2: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
the official zoning map of the
City of Fayetteville to reflect the
zoning change provided in Sec-
tion 1.
PASSED and APPROVED on
November 7,2023
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:$94.24
November 12,2023 346536