HomeMy WebLinkAboutOrdinance 6717 111111111111111111111111111111111111111111111111111ii
o FpYi,,F Doc ID: 021458870003 Type:
Kind: ORDINANCE
Recorded: 02/16/2024 at 01:41:52 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
�''rW :,•5 File2024-00006 5 2
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6717
File Number: 2024-1669
REZONING-2023-0034: (WEST OF S. RAZORBACK RD./LOONEY,599):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-034 FOR
APPROXIMATELY 3.06 ACRES LOCATED WEST OF SOUTH RAZORBACK ROAD NEAR THE TOWN
BRANCH TRAIL IN WARD I FROM NS-L,NEIGHBORHOOD SERVICES—LIMITED TO R-A, RESIDENTIAL-
AGRICULTURAL AND UT, URBAN THOROUGHFARE
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 NS-L, Neighborhood Services— Limited to R-A, Residential-Agricultural and UT,
Urban Thoroughfare.
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 February 6,2024
Approved Attest: ��RK�� FREE1i,�
/�: . i LijC = •(AYri7EV!Ll.i•; ^
tr el. Jordan, "'o Kara Paxton,City lerk Treasurer • •��
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tit 1'141\00
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $G1B. D
Page 1
P-1
C-2
RSF-4
UT
RMF-24
I-1
NS-G
CS
NS-L
To w n B r anch Trail
Proposed R-A
Proposed RI-U
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18TH ST
CROWNE DR
RICHMOND
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SLIGO ST
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Regional Link
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2023-0034 S. RAZORBACK RD & W.
NEATHERLAND WAY
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-L
P-1
R-A
RI-U
0.0
0.0
0.7
2.3
Total 3.0 ac1:2,400
Current
3.1
0.0
0.0
0.0
UT
UT 2.3
RZN-2023-0034
EXHIBIT 'A'
EXHIBIT B SURVEY DESCRIPTIONS
EXISTING PARCEL: 765-14877-000
SURVEY DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST QUARTER OF THE SAID
FORTY ACRE TRACT, AND RUNNING N87o12’59”W 128.24’, S02o47’01”W 108.54’, S02o43’20”W 90.32’,
S03o24’44”W 160.96’, S12o41’18”W 136.51’, S18o21’35”W 156.93’, S28o17’09”W 203.04’, AND S18o21’37”W
111.45’, TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN LOCATED ON THE
WESTERN RIGHT OF WAY OF HIGHWAY 112, AND RUNNING ALONG SAID RIGHT OF WAY THE
FOLLOWING THREE COURSES: S18o18’34”W 63.55’ TO A SET IRON PIN, S02o42’41”W 111.28’ TO A SET IRON
PIN, AND S18o21’30”W 217.16’ TO A SET IRON PIN, THENCE LEAVING SAID RIGHT OF WAY N87o09’11”W
299.37’ TO A FOUND ½” REBAR, THENCE N03o00’26”E 234.86’, THENCE N42o18’41”E 60.19’, THENCE
N30o46’32”E 43.82’, THENCE N30o46’32”E 95.54’, THENCE N04o20’32”W 36.68’, THENCE N43o05’42”E 42.72’,
THENCE S87o10’58”E 47.00’, THENCE S26o42’18”E 82.42’, THENCE S79o59’51”E 160.53’, TO THE POINT OF
BEGINNING. CONTAINING 3.06 ACRES MORE OR LESS.
PORTION PROPOSED FOR REZONING TO UT
SURVEY DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID
FORTY ACRE TRACT, AND RUNNING N87o12’59”W 128.24’, S02o47’01”W 108.54’, S02o43’20”W 90.32’,
S03o24’44”W 160.96’, S12o41’18”W 136.51’, S18o21’35”W 156.93’, S28o17’09”W 203.04’, AND S18o21’37”W
111.45’, S18o18’34”W 44.66’ TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN
LOCATED ON THE WESTERN RIGHT OF WAY OF HIGHWAY 112, AND RUNNING ALONG SAID RIGHT OF
WAY THE FOLLOWING THREE COURSES: S18o18’34”W 18.69’ TO A SET IRON PIN, S02o42’41”W 111.28’ TO A
SET IRON PIN, AND S18o21’30”W 217.16’ TO A SET IRON PIN, THENCE LEAVING SAID RIGHT OF WAY
N87o09’11”W 299.37’ TO A FOUND ½” REBAR, THENCE N03o00’26”E 189.11’, THENCE N41o59’41”E 149.33’,
THENCE N85o38’22”E 269.61’, TO THE POINT OF BEGINNING. CONTAINING 2.34 ACRES MORE OR LESS.
PORTION PROPOSED FOR REZONING TO R-A
SURVEY DESCRIPTION: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID
FORTY ACRE TRACT, AND RUNNING N87o12’59”W 128.24’, S02o47’01”W 108.54’, S02o43’20”W 90.32’,
S03o24’44”W 160.96’, S12o41’18”W 136.51’, S18o21’35”W 156.93’, S28o17’09”W 203.04’, AND S18o21’37”W
111.45’, TO THE TRUE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN LOCATED ON THE
WESTERN RIGHT OF WAY OF HIGHWAY 112, AND RUNNING ALONG SAID RIGHT OF WAY S18o18’34”W
44.66’, THENCE LEAVING SAID RIGHT OF WAY S85o38’22”W 269.61’, THENCE S41o59’41”W 149.33’, THENCE
N03o00’26”E 45.75’, THENCE N42o18’41”E 60.19’, THENCE N30o46’32”E 43.82’, THENCE N30o46’32”E 95.54’,
THENCE N04o20’32”W 36.68’, THENCE N43o05’42”E 42.72’, THENCE S87o10’58”E 47.00’, THENCE S26o42’18”E
82.42’, THENCE S79o59’51”E 160.53’, TO THE POINT OF BEGINNING. CONTAINING 0.73 ACRES MORE OR
LESS.
Washington County, AR
I certify this instrument was filed on
02/16/2024 01:41:52 PM
and recorded in Real Estate
File Number 2024-00003652
Kyle Sylvester- Circuit Clerk
by .........
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1669
MEETING OF FEBRUARY 6, 2024
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:
SUBJECT: RZN-2023-0034: Rezoning (WEST OF S. RAZORBACK RD./LOONEY, 599): Submitted
by COMMUNITY BY DESIGN for property located WEST OF S. RAZORBACK RD. in
WARD 1. The property is zoned NS-L, NEIGHBORHOOD SERVICES - LIMITED and
contains approximately 3.06 acres. The request is to rezone the property to R-A,
RESIDENTIAL-AGRICULTURAL and UT, URBAN THOROUGHFARE.
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 south Fayetteville on the west side of Razorback Road, just south of Town Branch
and about one-fifth of a mile south of the street’s intersection with 15th Street. The property contains one parcel
totaling 3.06 acres which, with the exception of the Town Branch Trail that bisects the northern portion of the
property, is undeveloped. It received its current zoning designation of NS-L, Neighborhood Services – Limited,
as the result of a staff-initiated rezoning associated with the implementation of the Fayette Junction
Neighborhood Plan (RZN 11-3892). Portions of the property are located within a FEMA-designated floodplain
and hydric soils and a protected stream are present on site.
Request: The request is to rezone the subject property from NS-L, Neighborhood Services - Limited to R-A,
Residential-Agricultural and UT, Urban Thoroughfare.
Public Comment: Staff received no public comment regarding this request prior to Planning Commission.
Land Use Compatibility: Staff finds the requested rezoning to be mostly compatible with existing land use and
zoning patterns in the surrounding area. The subject property is bordered to the north, east, and west by multi-
family dwellings, and it’s bordered to the south by smaller lots which are either undeveloped or developed with
single-family dwellings. Access to the property is limited with a portion of Razorback Road that is owned and
maintained by the Arkansas Department of Transportation (ARDOT) being the only public street adjacent to
the site. Platted right-of-way is present to the south which could eventually be developed to provide access to
the site from Sligo Street. Opportunities for cross connectivity are otherwise limited due to the presence of a
protected stream, Town Branch, which roughly serves as the north and west boundary of the site. Rezoning
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
0.73 acres of land along the north side of the property to R-A, Residential-Agricultural could help to conserve
that protected stream and the land surrounding it by limiting the scale and nature of development in that area.
Rezoning the remainder of the site to UT, Urban Thoroughfare, could allow for increased development outside
sensitive areas which may be comparable to, and compatible with, adjacent residential uses. While the
applicant has indicated an intent to develop the southern half of the site with a mixture of single-, two-, three-,
and four-family dwellings and potentially some commercial uses, staff acknowledges that a rezoning to UT
would allow for a greater variety of land uses by right, including gasoline service stations, transportation trades
and services, and liquor stores. Those uses are not permitted or conditional uses in the existing NS-L zoning
district. The applicant has also indicated that, while the land uses permitted in the NS-L zoning district are
generally aligned with their development plans for the site, they are pursuing a rezoning to UT in order to
provide greater flexibility in terms of lot size, density, and setbacks. While a rezoning to CS, Community
Services may be more appropriate, since that zoning district has comparable lot size, density, and setback
requirements with more restrictive land use allowances, staff finds UT to be generally compatible with the
zoning and development patterns in the surrounding area.
Land Use Plan Analysis: Staff finds the applicant’s request to be mostly consistent with the City’s land use and
zoning plans. The subject property is designated as City Neighborhood and Natural Area in the City Plan 2040
Future Land Use Map, and it is located within a Tier Two Center as indicated on the plan’s Growth Concept
Map. Staff finds that a rezoning to R-A and UT could support those designations since a rezoning to R-A could
help conserve natural areas, and a rezoning to UT could support the development of a mixed-use center along
a major thoroughfare. Staff also finds the requested rezoning to be aligned with Goals 1, 4, and 6 of City Plan
2040 since it would encourage increased development in an area that has a relatively high infill score ranging
between 6 and 9, and since it would allow for the creation of additional housing units near a paved trail and bus
routes. Staff finds that the requested rezoning may run afoul with Goal 3 of City Plan 2040, though, since it
would allow for increased development on a site that currently has limited opportunities for cross connectivity.
City Plan 2040 Infill Matrix: City Plan 2040’s Infill Matrix indicates a score range between 6 and 9 for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave.)
• Near Sewer Main (12-inch and 24-inch main, on site)
• Near Water Main (six-inch main, Razorback Road)
• Near U of A Campus
• Near City Park (Town Branch Trail Corridor)
• Near Paved Trail (Town Branch Trail)
• Near Razorback Bus Stop (Route 48)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (Fayette Junction Neighborhood)
DISCUSSION:
At the January 8, 2024, Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Payne made the motion and Commissioner Brink
seconded it. Commissioners found the applicant's request to be consistent with the goals outlined in City Plan
2040 and the Fayette Junction Neighborhood Plan and offered little comment on the item. One member of the
public spoke in support of the rezoning and stated that they found it to be aligned with the City's future land use
plans. Another member of the public spoke up to ask the applicant how he intends to preserve natural areas on
site. The applicant responded by saying that, at the time of development, he will preserve the portion of the site
that is proposed to be rezoned to R-A, Residential-Agricultural.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), RZN-2023-
0034 2024 FEMA Map Exhibit (#7)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1669
RZN-2023-0034: Rezoning (WEST OF S. RAZORBACK RD./LOONEY, 599): Submitted by
COMMUNITY BY DESIGN for property located WEST OF S. RAZORBACK RD. in WARD 1.
The property is zoned NS-L, NEIGHBORHOOD SERVICES - LIMITED and contains
approximately 3.06 acres. The request is to rezone the property to R-A, RESIDENTIAL-
AGRICULTURAL and UT, URBAN THOROUGHFARE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-034 FOR APPROXIMATELY 3.06 ACRES LOCATED WEST OF SOUTH RAZORBACK
ROAD NEAR THE TOWN BRANCH TRAIL IN WARD 1 FROM NS-L, NEIGHBORHOOD
SERVICES – LIMITED TO R-A, RESIDENTIAL-AGRICULTURAL AND UT, URBAN
THOROUGHFARE
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 NS-L, Neighborhood Services – Limited to
R-A, Residential-Agricultural and UT, Urban Thoroughfare.
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
2023-1669
Item ID
2/6/2024
City Council Meeting Date - Agenda Item Only
RZN-2023-0034: Rezoning (WEST OF S. RAZORBACK RD./LOONEY, 599): Submitted by COMMUNITY BY DESIGN for
property located WEST OF S. RAZORBACK RD. in WARD 1. The property is zoned NS-L, NEIGHBORHOOD SERVICES -
LIMITED and contains approximately 3.06 acres. The request is to rezone the property to R-A, RESIDENTIAL-
AGRICULTURAL and UT, URBAN THOROUGHFARE.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
1/19/2024
Submitted Date
No
-$
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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
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-$
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No -$
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TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: January 8, 2024
SUBJECT: RZN-2023-0034: Rezoning (WEST OF S. RAZORBACK RD./LOONEY,
599): Submitted by COMMUNITY BY DESIGN for property located WEST
OF S. RAZORBACK RD. The property is zoned NS-L, NEIGHBORHOOD
SERVICES - LIMITED and contains approximately 3.06 acres. The request
is to rezone the property to R-A, RESIDENTIAL-AGRICULTURAL and UT,
URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0034 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2023-0034 to City Council with a recommendation of approval.”
DECEMBER 11, 2023 PLANNING COMMISSION MEETING:
On December 11, 2023, the Planning Commission voted to table this item until January 8, 2024
at the request of the applicant. Their original request was to rezone the property from NS-L to R-
A and RI-U, though they asked to table their request to give themselves time to consider
alternative zoning designations.
BACKGROUND:
The subject property is in south Fayetteville on the west side of Razorback Road, just south of
Town Branch and about one-fifth of a mile south of the street’s intersection with 15th Street. The
property contains one parcel totaling 3.06 acres which, with the exception of the Town Branch
Trail which bisects the northern portion of the property, is undeveloped. It received its current
zoning designation of NS-L, Neighborhood Services – Limited as the result of a staff-initiated
rezoning associated with the implementation of the Fayette Junction Neighborhood Plan (RZN
11-3892). Portions of the property are located within a FEMA-designated floodplain and hydric
soils and a protected stream are present on site. Surrounding land uses and zoning are depicted
in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Town Branch Creek and Trail P-1, Institutional
South Undeveloped
NS-L, Neighborhood Services - Limited
CS, Community Services
RMF-24, Residential Multi-Family, 24 Units per Acre
East Multi-Family Residential NS-G, Neighborhood Services - General
West Town Branch Creek and Trail P-1, Institutional
(updated with results)
Request: The request is to rezone the subject property from NS-L, Neighborhood Services -
Limited to R-A, Residential-Agricultural and UT, Urban Thoroughfare.
Public Comment: To date, staff has received no public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Razorback Road, a partially improved
Regional Link Street with asphalt paving, sidewalk, curb, and gutter. Any street
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is not available to the subject property. A water main extension would
be required at the time of development.
Sewer: Sanitary sewer is available to the subject property. An existing 12-inch sewer main
is present, running east to west along the south side of the property. An existing
24-inch sewer main is also present along the north side of the site.
Drainage: Any improvements or requirements for drainage will be determined at the time of
development submittal. No portion of the subject property lies within the
Hillside/Hilltop Overlay District, though it is located within a FEMA-designated
floodplain and protected streams and hydric soils are present on site. A floodplain
development review will be required at the time of permit or plan submittal. This
will restrict the type of development and impact in flood zones and may require
additional documentation such as flood studies or elevation certificates depending
on the type of development. If a development impacts a floodplain, those impacts
may require review and approval from FEMA.
Streamside Protection Zones generally consists of a protected area on each side
of a stream or creek. This “protected area” is meant to preserve woody vegetation
and natural areas along stream corridors to improve/protect stream health. At a
minimum, it will be 50 feet wide as measured from the top of bank but depending
on the shape and extents of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited.
Hydric soils are a known indicator of wetlands. However, for an area to be
classified as wetlands, it may also need other characteristics such as hydrophytes
(plants that grow in water), and shallow water during parts of the year. Hydric soils
can be found across many areas of Fayetteville, including valleys, floodplains, and
open prairies. It’s important to identify these natural resources during development,
so when these soils are identified on a property, further environmental studies will
be required at the time of development. Before permits will be issued for the
property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal.
Fire: Station 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately 1.2 miles from the fire station with an anticipated drive time
of approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 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 districts, R-A, Residential-Agricultural and UT, Urban
Thoroughfare, require 25% and 15% minimum canopy preservation,
respectively. The current zoning district of NS-L, Neighborhood Services - Limited
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 and Natural Areas.
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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 6-9 for
this site with a weighted score of 9.5 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave.)
• Near Sewer Main (12-inch and 24-inch main, on site)
• Near Water Main (six-inch main, Razorback Road)
• Near U of A Campus
• Near City Park (Town Branch Trail Corridor)
• Near Paved Trail (Town Branch Trail)
• Near Razorback Bus Stop (Route 48)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (Fayette Junction Neighborhood)
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 requested rezoning to be mostly
compatible with existing land use and zoning patterns in the surrounding
area. The subject property is bordered to the north, east, and west by multi -
family dwellings and it’s bordered to the south by smaller lots which are
either undeveloped or developed with single-family dwellings. Access to the
property is limited with a portion of Razorback Road that is owned and
maintained by the Arkansas Department of Transportation (ARDOT) being
the only public street adjacent to the site. Platted right-of-way is present to
the south which could eventually be developed to provide access to the site
from Sligo Street. Opportunities for cross connectivity are otherwise limited
due to the presence of a protected stream, Town Branch, which roughly
serves as the north and west boundary of the site. Rezoning 0.73 acres of
land along the north side of the property to R-A, Residential-Agricultural
could help to conserve that protected stream and the land surrounding it by
limiting the scale and nature of development in that area. Rezoning the
remainder of the site to UT, Urban Thoroughfare could allow for increased
development outside of sensitive areas which may be comparable to, and
compatible with, adjacent residential uses. While the applicant has indicated
an intent to develop the southern half of the site with a mixture of single-,
two-, three-, and four-family dwellings and potentially some commercial
uses, staff acknowledges that a rezoning to UT would allow for a greater
variety of land uses by right, including gasoline service stations,
transportation trades and services, and liquor stores. Those uses are not
permitted or conditional uses in the existing NS-L zoning district. The
applicant has also indicated that, while the land uses permitted in the NS-L
zoning district are generally aligned with their development plans for the
site, they are pursuing a rezoning to UT in order to provide greater flexibility
in terms of lot size, density, and setbacks. While a rezoning to CS,
Community Services may be more appropriate, since that zoning district has
comparable lot size, density, and setback requirements with more restrictive
land use allowances, staff finds UT to be generally compatible with the
zoning and development patterns in the surrounding area.
Land Use Plan Analysis: Staff finds the applicant’s request to be mostly
consistent with the City’s land use and zoning plans. The subject property
is designated as City Neighborhood and Natural Area in the City Plan 2040
Future Land Use Map, and it is located within a Tier Two Center as indicated
on the plan’s Growth Concept Map. Staff finds that a rezoning to R-A and UT
could support those designations since a rezoning to R-A could help
conserve natural areas, and a rezoning to UT could support the development
of a mixed-use center along a major thoroughfare. Staff also finds the
requested rezoning to be aligned with Goals 1, 4, and 6 of City Plan 2040
since it would encourage increased development in an area that has a
relatively high infill score ranging between 6 and 9, and since it would allow
for the creation of additional housing units near a paved trail and bus routes.
Staff finds that the requested rezoning may run afoul with Goal 3 of City Plan
2040, though, since it would allow for increased development on a site that
currently has limited opportunities for cross connectivity.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning from NS-L to R-A and UT is justified
since it would encourage the conservation of natural resources and the
development of denser residences along a major thoroughfare. The existing
NS-L zoning district has more limited bulk and area and setback regulations,
and it does not allow multi-family dwellings by right.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NS-L to R-A and UT has the potential to increase traffic at
this location when considering that UT would allow for development that is
greater in density and intensity than the existing NS-L zoning. Staff also
finds that allowing denser development on a property that has limited
opportunities for cross access and only has frontage along a Regional Link
Street could potentially result in the creation of increased traffic danger and
congestion. However, staff finds that increased traffic danger and
congestion could be offset by the property’s proximity to the Town Branch
Trail and a Razorback Transit bus stop.
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
it would allow for increased residential development. However, the property
currently has access to public streets and sanitary sewer. A water main
extension will be required, and any necessary upgrades or improvements to
existing infrastructure will be determined, at the time of development.
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-2023-0034 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: January 8, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.03 District R-A, Residential-Agricultural
o §161.18 NS-L, Neighborhood Services – Limited
o §161.24 Urban Thoroughfare
• Request Letter
• Applicant Exhibit
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
x
with a
recommendation
of approval
Payne
Brink
8-0-0
161.03 District R-A, Residential-Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 6 Agriculture
Unit 7 Animal husbandry
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 37 Manufactured homes
Unit 41 Accessory dwellings
Unit 43 Animal boarding and training
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Unit 42 Clean technologies
(C) Density.
Units per acre One-half (½)
(D) Bulk and Area Regulations.
Lot width minimum 200 feet
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area per dwelling unit 2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
161.18 NS-L, Neighborhood Services - Limited
(A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low
intensity. Neighborhood Services 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 (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited 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
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 13 Eating places
Unit 15 Neighborhood 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.
Units per acre Ten (10) or less
(D) Bulk and Area.
(1) Lot Width Minimum.
Single-family 35 feet
Two (2) family or more 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 of lot area per
dwelling unit
All other permitted and
conditional uses
None
(E) Setback Regulations.
Front: A build-to zone that is located between 10 and 25
feet from the front property line.
Side 5 feet
Rear 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
161.24 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile-oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare 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 (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
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 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 26 Multi-family dwellings
Unit 34 Liquor store
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 20 Commercial recreation, large sites
Unit 21 Warehousing and wholesale
Unit 28 Center for collecting recyclable materials
Unit 29 Dance halls
Unit 33 Adult live entertainment club or bar
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
Unit 43 Animal boarding and training
(C) Density. None
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family dwelling 18 feet
All other dwellings None
Non-residential 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
a single-family residential district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height
of seven (7) 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 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) Minimum buildable street frontage. 50% of the lot width.
100 West Center Street Suite 300
Fayetteville, AR 72701
479.790.6775
December 8, 2023
Via Email: jmasters@fayetteville-ar.gov
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Razorback Road Parcel 765-14877-000 – Rezone Request – RZN 2023 0034
Ms. Masters,
I am writing to modify the rezone request previously submitted for this property on November 1, 2023. After furth er
consideration, the Owner wishes to modify the request and replace the originally requested Residential Intermedi ate
Urban (RI-U) proposed area with Urban Thoroughfare (UT). The originally requested Residential Agricultural (R-A)
Zoning area remains a part of the proposal. Please find the following revised documents required for processing the
rezoning request:
One (1) copy of Exhibit #1 – Survey Descriptions of Property to be Rezoned
One (1) copy of Exhibit #2 – Description Map of Property to be Rezoned
One (1) copy of Exhibit #3 – Written Description of Request per City of Fayetteville Rezoning Application
The Owner of the property is making plans to build single, two, three, and four-family buildings and potentially mixed-
use buildings on the property. The primary reason for the zoning change request is that the owner would like to utilize
more flexible bulk, area, and setback regulations that other zoning districts offer. Along with an encouragement for
mixed-use, the UT district provides the more flexible bulk, area, and setback regulations. Making possible a more
compact development which will help to preserve trees and streamside in the area proposed for R-A zoning.
Please let me know if you have any questions or if you need additional information in order to process this request.
Sincerely,
Brian Teague
Community By Design
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Regional Link
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
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-2023-0034 S. RAZORBACK RD & W.
NEATHERLAND WAY N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
P-1
C-2
RSF-4
UT
RMF-24
I-1
NS-G
CS
NS-L
To w n B r anch Trail
Proposed R-A
Proposed RI-U
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18TH ST
CROWNE DR
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Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2023-0034 S. RAZORBACK RD & W.
NEATHERLAND WAY
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NS-L
P-1
R-A
RI-U
0.0
0.0
0.7
2.3
Total 3.0 ac1:2,400
Current
3.1
0.0
0.0
0.0
UT
UT 2.3
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15TH ST
18TH ST
B E E C HWOOD
AVE
15TH ST
ARROWHEAD ST
RAZORBACKRD
15TH ST
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2023-0034 S. RAZORBACK RD & W.
NEATHERLAND WAY N
0 225 450 675 900112.5
Feet
Subject Property
Multi-Family Residential
Mixed Residential
1:3,600
Campground
Multi-Family Residential
City
Neighborhood
Civic and
Private
Open Space
Industrial
Natural
Non-Municipal
Government
Residential
Neighborhood
Urban Center
15TH ST
ARROWHEAD ST
B EECHWOOD
AVE
15TH ST
AS
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W
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18TH ST
COLONNADE
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15TH
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CROWNE
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15TH ST
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2023-0034 S. RAZORBACK RD & W.
NEATHERLAND WAY N
0 290 580 870 1,160145
Feet
Subject Property
1:4,800
Received By: Jonathan Curth 02/01/2024
Form v1.43
gigd\/40\ia RECEIVED
FEB 13 2024
Account#: NWCL5004205 CITY ITv FC FAYES TEVILOFCE
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYETTEVILLE, AR 72701
Ad number#: 373825
PO#:
Matter of: ORD 6717
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 WASHINGTONBENTON 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 6717
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$98.80.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/11/24;NWA nwaonline.com 02/11/24
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this I3th day of February,2024 �"�°
CATHERINE STAGGS
I .�.,�.�. MY COMMISSION#12402772
C1 ;,-.� ^ EXPIRES:February 28, 2025
�'1-�'�� �.,,,,,, Washington County
NOTARY PUBLIC
Ordinance:6717
File Number: 2024-1669
REZONING-2023-0034:
(WEST OF S. RAZORBACK
RD./LOONEY,599):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2023-
034 FOR APPROXIMATELY 3.06
ACRES LOCATED WEST OF
SOUTH RAZORBACK ROAD
NEAR THE TOWN BRANCH TRAIL
IN WARD 1 FROM NS-L.NEIGH-
BORHOOD SERVICES—LIMITED
TO R-A,RESIDENTIAL-AGRICUL-
TURAL AND UT.URBAN THOR-
OUGHFARE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from NS-L,Neighborhood
Services—Limited to R-A,Res-
idential-Agricultural and UT,
Urban Thoroughfare.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
February 6,2024
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:$98.80
Feb.11,2024 373825