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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 •,• '•~ .-9• 7 FV/C1,i • ; • ti iC!!//id 1 O 11,0 .'1 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