HomeMy WebLinkAboutOrdinance 6720 • MI III
Doc ID: 021488060003 Type: REL
Kind: ORDINANCE
Recorded: 03/11/2024 at 03:51:47 PM
Fee Amt: $25.00 Page 1 of 3
FFAyEr, Washington County, AR
° F;� Kyle Sylvester Circuit Clerk
File2024-00005640
\"'•r.tieaS
113 West Mountain Street ARCHIVED
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6720
File Number: 2024-1691
REZONING-2023-0036: (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY
PLLC,479):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-036 FOR
APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY WAY IN WARD 4 FROM C-2,
THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES AND R-A, RESIDENTIAL
AGRICULTURAL
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 C-2, Thoroughfare Commercial to CS, Community Services and R-A, Residential
Agricultural.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on February 20,2024
Approved: Attest:
/ rRFq
•
Ai S
:FAYETTEVILLE: =
onel Jordan, r Kara Paxton,City C,l rk Treasurer
frinirrior�
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $g5.—Il,a
Page 1
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 20, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
CITY COUNCIL MEMO
2024-1691
SUBJECT: RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAYIWATKINS, BOYER,
GRAY & CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC
for property located NORTH OF W. TECHNOLOGY WAY in WARD 4. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres.
The request is to rezone the property to CS, COMMUNITY SERVICES and R-A,
RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
City Planning staff and 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 southwest Fayetteville on the southwest corner of N. Shiloh Dr. and W. Persimmon
St. The property includes two parcels totaling 15.66 acres. The east parcel was developed as a detention pond
in a previous commercial development that did not come to fruition. The west property is currently undeveloped
and is partially covered by tree canopy.
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial to approximately
13.12 acres of CS, Community Services and 2.54 acres of R-A, Residential Agricultural.
Public Comment: Staff received one in -person verbal comment in favor of the proposed request, citing the
potential for walkable mixed -use development near existing businesses and proposed tree preservation within
the R-A district.
Land Use Compatibility. Staff finds the proposed rezoning from C-2 to CS and R-A to be compatible with the
surrounding area. The intent of the CS zoning district is to provide convenient goods and personal services to
surrounding residential areas, to provide for adaptable mixed -use centers along commercial corridors that
connect denser development nodes, and to provide standards enabling administrative approval of
development. CS permits a mix of both residential and commercial uses that could serve as a transition area
between the existing Mountain Ranch apartment complex to the west, a mixed -density residential area to the north,
and a mix of commercial uses and Centennial Park to the south. The form -based standards required in CS are
identical to the optional form -based requirements of the existing C-2 district. Neither C-2 nor CS have bulk and
area regulations for nonresidential uses, though CS has a lot width minimum of 18 feet for residential
dwellings. The only permitted residential use in C-2 is cluster housing. Neither C-2 nor CS have residential
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
density limits, though staff finds this is unlikely to contribute to a development that is out of scale given existing
adjacent, existing land uses. Further, the maximum building height would be reduced from 6 to 5 stories if
rezoned from C-2 to CS. The applicant also proposes to rezone a portion of the site with extensive existing tree
canopy to R-A, Residential Agricultural, with the intent of designating this area for tree preservation. Staff finds
R-A to be compatible with this stated intent.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use
plans, including its Future Land Use Map designation as City Neighborhood area. The property is located at
the intersection of W. Persimmon St. and N. Shiloh Dr., which is designated as a Tier 3 Center per the City
Plan 2040 Growth Concept Map. Tier 3 Centers are intended to serve the immediate surrounding residential
areas and will cater to the specific needs of a small market with varying characteristics based on location and
needs of the surrounding community. The property is also approximately half a mile from the Tier 2 Center
located at the intersection of 1-49 and W. Wedington Dr. The property has a moderate infill score ranging
between 7 and 8, which includes the elements listed below. Staff finds the requested rezoning to be
appropriate since it would provide the opportunity to develop a mix of residential and commercial uses in a Tier
3 Center at a major intersection. The designation of a portion of canopy as R-A will further contribute to city
goals to establish an enduring green network. This overlay district partially overlaps the proposed R-A zoning
boundaries.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between 77-88 for this
site. The following elements contribute to the score:
• Adequate Fire Response (Station 7, 835 N. Rupple Rd.)
• Near Sewer Main (W. Persimmon St and Shiloh Trail)
• Near Water Main (W. Persimmon St., W. Technology Way, and Shiloh Trail)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Centennial Park)
• Near Paved Trail (Shiloh Trail)
• Near Razorback Bus Stop (Persimmon & Betty Jo)
• Appropriate Land Use (City Neighborhood Area)
DISCUSSION:
At the January 22, 2024, Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Payne made the motion with a second by Commissioner
Brink. The applicant stated the portion designated as R-A is intended for tree preservation, and was
designated as R-A to help ease concerns about development encroachment. Additionally, the applicant noted
that several intensive uses such as fuel stations would be moved to a conditional use by the rezoning from C-2
to CS and that the proposal would place density near Centennial Park. Commissioner Sparkman stated that C-
2 is an antiquated district, and she is in favor of rezoning away from this district. Commissioner Payne agreed,
also citing the acreage set aside for R-A. There was no additional public comment at the meeting.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
;.` Fayetteville, AR 72701
Legislation Text (479) 575 8323
File #: 2024-1691
RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY
& CURRY PLLC, 479): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for
property located NORTH OF W. TECHNOLOGY WAY in WARD 4. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL
AGRICULTURAL.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-036 FOR APPROXIMATELY 15.66 ACRES LOCATED NORTH OF WEST TECHNOLOGY
WAY IN WARD 4 FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY
SERVICES AND R-A, RESIDENTIAL AGRICULTURAL
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 C-2, Thoroughfare Commercial to CS,
Community Services and R-A, Residential Agricultural.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-1691
Item ID
2/20/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/2/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479):
Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH OF W. TECHNOLOGY WAY in
WARD 4. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 15.66 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES and R-A, RESIDENTIAL AGRICULTURAL.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
$
i
Previous Ordinance or Resolution #
Approval Date:
V20221130
RZN-2023-0036
Close Up View
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NORTH OF W. TRCHNOLOGY
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RSF-4
RSF-2
Neighborhood Link
Freeway/Expressway
- Unclassified
- Residential Link
II" Planned Neighborhood Link
Hillside -Hilltop Overlay District
Trail (Proposed)
Design Overlay District
0 Planning Area
� Fayetteville City Limits
PERSIMMON ST
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EXHIBIT "A"
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NORTH
Zone Current Proposed
C-2 15.1 0.0
CS 0.0 13.1
P-1 0.4 0.0
R-A 0.0 2.5
Total 15.6 ac
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 19 of 21
RZN-2023-0036
EXHIBIT `B'
Legal Description
C-S ZONING
SURVEY DESCRIPTION
A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16
NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A
DISTANCE OF 825 25' TO A POINT; THENCE S 87°34'00" E A DISTANCE OF 101 06' TO A POINT; THENCE S
87°36'24" E A DISTANCE OF 944 10' TO A POINT; THENCE S 03°24'38" E A DISTANCE OF 239.28' TO A POINT;
THENCE S 10°32'43" E A DISTANCE OF 370.24' TO A POINT; THENCE WITH A CURVE TURNING TO THE
RIGHT WITH AN ARC LENGTH OF 54.44', WITH A RADIUS OF 200.00', WITH A CHORD BEARING OF S
85°22'25" W, WITH A CHORD LENGTH OF 54.27', TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 652 46'
TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 524.95', WITH A
RADIUS OF 500.00', WITH A CHORD BEARING OF S 65°23'45" W, WITH A CHORD LENGTH OF 501.17', TO THE
POINT OF BEGINNING, CONTAINING 682,065 SQ. FEET, 15.66 ACRES, MORE OR LESS. SUBJECT TO ANY
EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD
LESS & EXCEPT
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02o26'00" E A DISTANCE OF
333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500AT TO A POINT; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD
BEARING OF N 77°11'48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61 °33'58" E A
DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH
A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A
CHORD BEARING OF S 21 °30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W
A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE
WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513 44', WITH A RADIUS OF 524.91', WITH
A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF BEGINNING,
CONTAINING 105,413 SQ FEET, 2.42 ACRES, MORE OR LESS
ALSO, LESS & EXCEPT:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN
ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67-23-56" E, WITH A
CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF
BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE
OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N 86°55'14" W A
DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12 ACRES, MORE OR
LESS.
R-A ZONING "2"
SURVEY DESCRIPTION
A PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN
ARC LENGTH OF 514 48', WITH A RADIUS OF 525 00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A
CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86°55'14" E A DISTANCE OF 336.23' TO THE POINT OF
BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A DISTANCE
OF 70 98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27 08' TO A POINT; THENCE N 86°55'14" W A
DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ FEET, 0 12 ACRES, MORE OR
LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
R-A ZONING "1"
SURVEY DESCRIPTION
A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16
NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF
333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500 47' TO A POINT; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 58 04', WITH A RADIUS OF 75.04', WITH A CHORD
BEARING OF N 77'11-48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61°33'58" E A
DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH
A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20% WITH A
CHORD BEARING OF S 21 °30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W
A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE
WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91', WITH
A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF BEGINNING,
CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR
RIGHT-OF-WAYS OF RECORD.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: January 22, 2024 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2023-0036: Rezoning (NORTH OF W. TECHNOLOGY
WAY/WATKINS, BOYER, GRAY & CURRY PLLC, 479): Submitted by
WATKINS, BOYER, GRAY & CURRY PLLC for property located NORTH
OF W. TECHNOILOGY WAY. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 15.66
acres. The request is to rezone the property to CS, COMMUNITY
SERVICES and R-A, RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0036 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0036 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in west Fayetteville on the southwest corner of the N. Shiloh Dr.
and W. Persimmon St. The property includes two parcels totaling 15.32 acres. The east parcel
was developed as a detention pond as part of a previous commercial development. The west
property is currently undeveloped and includes a large stand of trees in the southern portion of
the parcel. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zonina
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Unit erAcre
South
Technology Manufacturing
C-2, Thoroughfare Commercial
East
1-49 Interstate
NA
West
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Unit per Acre
Request: The request is to rezone the subject property from C-2, Thoroughfare Commercial to
approximately 13.12 acres of CS, Community Services and 2.54 acres of R-A, Residential
Agricultural.
Public Comment: Staff has not received any public comment regarding this request.
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 1 of 21
INFRASTRUCTURE:
Streets: The subject area has frontage along three streets. W. Persimmon St. is a partially
improved Neighborhood Link with asphalt paving with curb & gutter, open ditches
and some sidewalk. N. Shiloh Dr. is a partially improved Neighborhood Link with
asphalt paving with curb & gutter and open ditches. W. Technology Way is a
partially improved Residential Link with asphalt paving, curb & gutter and open
ditches. Any street improvements required in these areas would be determined at
the time of the 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. Existing 12-inch water main is present
on the south side of W. Persimmon St. Existing 8-inch water main is present on
the south side of W. Technology Way and the west side of Shiloh Trail.
Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch sewer main is
present in W. Persimmon St and along the west side of Shiloh Trail.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
contain hydric soils.
Portions of the property lie within a FEMA floodplain. 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.
Portions of the property also lie within streamside protection zones. 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 50ft 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.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 1 mile from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 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 6 minutes for an engine and 8 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.
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 2 of 21
Tree Preservation:
The current zoning district of C2, Thoroughfare Commercial requires 15% minimum
canopy preservation. The proposed zoning district of CS, Community Services requires
20% minimum canopy preservation. The proposed zoning district of R-A, Residential
Agricultural 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 City Neighborhood
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
77-88 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 7)
• New Sewer Main (W. Persimmon St and Shiloh Trail)
• Newar Water Main (W. Persimmon St., W. Technology Way, and Shiloh Trail)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Centennial Park)
• Near Paved Trail (Shiloh Trail)
• Near Razorback Bus Stop (Persimmon & Betty Jo)
• Appropriate Land Use
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility. Staff finds the proposed rezoning from C-2 to CS to
be compatible with the surrounding area. The intent of the CS zoning district
is to provide convenience goods and personal services for persons living in
the surrounding residential areas, to provide for adaptable mixed -use
centers located along commercial corridors that connect denser
development nodes, and to provide standards that enable development to
be approved administratively. The two parcels in question are located
adjacent to an existing apartment complex (Mountain Ranch) to the west, a
mixed -density residential area to the north, and a mix of commercial uses
and city park (Centennial Park) to the south. Interstate 49 is located directly
to the east. Staff finds the requested rezoning to be compatible since the
parcel is bound by a mix of both residential and commercial uses. CS permits
a mix of both residential and commercial uses that could serve as a
transition area between existing residential and commercial properties. C-2
has a mix of Euclidean and form -based zoning, while CS is an entirely form -
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Page 3 of 21
based district. The setback and minimum buildable street frontage
requirements of CS are identical to the form -based requirements of the
existing C-2 district. Neither C-2 or CS have bulk and area regulations for
nonresidential uses, with CS having a lot width minimum of 18 feet for
residential dwellings. C-2 only permits cluster housing as residential use and
has no density limits. CS also has no density limits, though staff finds this
is unlikely to contribute to a development that is out of scale with the
surroundings given the scale of the existing commercial and the presence
of existing apartment complexes to the west and north. Further, the
maximum building height would be reduced from 6 stories to 5 stories. The
applicant also proposes to rezone a portion of the site as R-A, Residential
Agricultural. This area includes extensive tree canopy and is intended to
remain as a preserved canopy in future development. Staff finds the zoning
of R-A to be compatible with this stated intent, particularly given the
proximity of Centennial Park to the south.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the City's adopted land use plans, including its Future Land Use Map
designation as City Neighborhood area. The property is located at the
intersection of W. Persimmon St. and N. Shiloh Dr., an area designated as a
Tier 3 center per the City Plan 2040 Growth Concept Map. Tier 3 centers are
intended to serve the immediately surrounding residential areas and will
cater to the specific needs of a small market with varying characteristics
based on location and needs of the surrounding community. The property is
also approximately half a mile from the Tier 2 center located at the
intersection of 49 and W. Wedington Dr. A rezoning to CS could allow for the
creation, maintenance, of mixed -use developments that provide both
services and housing. The property has a moderate infill score ranging
between 7 and 8 with a weighted score of 9.5. Staff finds the requested
rezoning to be appropriate since it would provide the opportunity to develop
a mix of residential and commercial uses in a Tier 3 center at a major
intersection. The designation of a portion of extensive tree canopy as R-A
will further contribute to city goals to establish an enduring green network.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that rezoning the subject property to CS is justified since it would
better comply with both the future land -use designation and the property's
location at a Tier 3 center (W. Persimmon St. and N. Shiloh Dr.).
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from C-2 to CS has the potential to increase traffic at this location
when considering that C-2 does not currently permit residential development
except for cluster housing. However, staff finds that a rezoning is not likely
to create or appreciably increase traffic danger or congestion given multiple
street frontages. Additionally, staff finds that improving connectivity along
N. Shiloh Dr. could aid in reducing traffic needs to N. Shiloh Dr., an existing
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 4 of 21
one-way street, by allowing alternative routes between adjacent
developments.
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, staff finds
that the proposed rezoning would not undesirably increase the load on
public services. The property currently has access to public utilities and any
necessary improvements to adjacent streets would be determined at the time
of development review. 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-2023-0036 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: January 22, 2024, O Tabled M Forwarded O Denied
Recommendation of Approval
Motion: PAYNE
Second: BRINK
Vote: 9-0-
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 5 of 21
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.23 District C-2, Thoroughfare Commercial
o §161.22 District CS, Community Services
o §161.03 District R-A, Residential Agriculture
• Applicant Exhibits
• Request Letter
• Legal Descriptions
• Site Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 6 of 21
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional
grouping of these commercial enterprises catering primarily to highway travelers. The intent of this
district is to allow administrative approval if the developer decides to use urban form, in compliance
with the build -to zone and minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
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 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
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 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
50 feet
between the right-of-way and
the building
Side
None
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Page 7 of 21
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form 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
15 feet
to a single-family residential
district
(F) Building Height Regulations.
Building Height Maximum 16 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 side 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.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80;
Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-
07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord.
No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No.
5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015,
§1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2,
10-15-19; Ord. No. 6521 , §5, 1-18-22)
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 8 of 21
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide
for adaptable mixed use centers located along commercial corridors that connect denser
development nodes. There is a mixture of residential and commercial uses in a traditional urban
form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the
Community Services district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by riaht
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-familv dwellinqs
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 15
Neiahborhood ShoDoina aoods
Unit 24
Home occupations
Unit 25
Offices. studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use Dermit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shoppinq qoods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities"
Unit 42
Clean technoloaies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Page 9 of 21
Dwelling 18 feet
All others I 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
15 feet
to a single-family residential
district:
(F) Building Height Regulations.
Building Height Maximum 15 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord.
No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-
1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-
19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
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
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 10 of 21
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
1 Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half (%)
(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
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 11 of 21
(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.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-
5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21)
Editor's notes) —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
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Page 12 of 21
WILLIAM P. WATKINS, 111, P.A.
RONALD L. BOYER (OF COUNSEL)
JENNIFER E. GRAY, P.A.*
ANDREW T. CURRY, P.A.
WILLIAM A. KELLSTROM
* ALSO LICENSED IN MISSOURI
City of Fayetteville
Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
WATKINS, BOYER,
GRAY & CURRY, PLLC
ATTORNEYS AT LAW
WRITER'S DIRECT E-MAIL
wkellstrom@watkinslawoffice.com
January 11, 2024
DELYNN HALE, SECRETARY
Amy BENSON, PARALEGAL
WHITNEY DUCKER, OFFICE MANAGER
RE: Rezoning Parcel No. 765-28835-000 and 765-28838-000 from C-2,
Thoroughfare Commercial to CS, Community Services
Dear Planning Staff:
The Applicant, T&J NWA, LLC, is seeking approval to rezone approximately 15.65 acres
located at the intersection of W. Persimmon St. and N. Shiloh Drive ("the Property"). The
request is to rezone from C-2—Commercial Thoroughfare to a mix of CS —Community Services
and R-A, Residential Agricultural. The purpose for this rezoning request is to rezone the property
to sell to a developer to build a multi -family development.
The properties surrounding the Property are a mix of RPZD (consisting of dense single
family housing), RMF-24 (consisting of apartments), and C-2 (consisting of an office building
and undeveloped land). CS zoning is compatible with the abovementioned uses and zones due to
the fact that it allows for a mix of residential and commercial. CS zoning is being requested by
the Applicant due to the mix of commercial and residential uses allowed, and due to the fact that
CS is a form -based code that requires development in a more urban style. Moreover, the Property
is situated close to Centennial Park, and has close access to Interstate 49, which makes it ripe for
higher intensity development. For the aforementioned reasons, a rezoning to CS is compatible
with the surrounding area, and should not adversely affect adjacent properties.
1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING
ROGERS, AR 72756 CORPORATE& COMMERCIAL LAW, BANKING, BANKRUPTCY
PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT
FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION
WWW.WATKINSLAWOFFTCE.COM CIVIL LITIGATION, COMMERCIAL RJIr4Q1nDI8$Wr0LLECTION
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 13 of 21
Whitten Development, Inc.
Page 2.
Lastly, there is a portion of the property which is covered by existing tree canopy on the
Southwestern end of the property. The Developer plans to locate the development towards the
remaining portion of the property, which is flatter, and which has previously been cleared, in
order to preserve as many of the existing trees as possible. Accordingly, the Developer has
proposed to rezone two portions of the Property —a 2.35 acre and a .10 acre —to R-A to indicate an
intent to preserve the existing tree canopy.
If you have any questions, please feel free to contact me at 479-636-2168, or at
wkellstrom(a)watkinslawoffice.com.
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
ls/ Will A. Kellstrom
Will A. Kellstrom
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 14 of 21
C-S ZONING
SURVEY DESCRIPTION
A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16
NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N 02°26'00" E A
DISTANCE OF 825.25' TO A POINT; THENCE S 87°34'00" E A DISTANCE OF 101.06' TO A POINT; THENCE S
87°36'24" E A DISTANCE OF 944.10' TO A POINT; THENCE S 03°24'38" E A DISTANCE OF 239.28' TO A
POINT; THENCE S 10°32'43" E A DISTANCE OF 370.24' TO A POINT; THENCE WITH A CURVE TURNING TO
THE RIGHT WITH AN ARC LENGTH OF 54.44', WITH A RADIUS OF 200.00', WITH A CHORD BEARING OF S
85°22'25" W, WITH A CHORD LENGTH OF 54.27', TO A POINT; THENCE N 86°55'01" W A DISTANCE OF
652.46' TO A POINT; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 524.95',
WITH A RADIUS OF 500.00', WITH A CHORD BEARING OF S 65°23'45" W, WITH A CHORD LENGTH OF
501.17', TO THE POINT OF BEGINNING, CONTAINING 682,065 SQ. FEET, 15.66 ACRES, MORE OR LESS.
SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
LESS & EXCEPT:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF
333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD
BEARING OF N 77°11'48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61°33'58" E A
DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH
A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20', WITH A
CHORD BEARING OF S 21°30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'69" W
A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE
WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 513.44', WITH A RADIUS OF 524.91',
WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF
BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS.
ALSO, LESS & EXCEPT:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN
ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'56" E, WITH A
CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86'55'14" E A DISTANCE OF 336.23' TO THE POINT OF
BEGINNING; THENCE N 46°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13131" E A
DISTANCE OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N
86°55'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12
ACRES, MORE OR LESS.
R-A ZONING "2"
SURVEY DESCRIPTION
A PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16 NORTH, RANGE 30 WEST IN
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO A POINT; THENCE WITH A CURVE TURNING TO THE RIGHT WITH AN
ARC LENGTH OF 514.48', WITH A RADIUS OF 525.00', WITH A CHORD BEARING OF N 67°23'66" E, WITH A
CHORD LENGTH OF 494.14', TO A POINT; THENCE S 86055'14" E A DISTANCE OF 336.23' TO THE POINT OF
BEGINNING; THENCE N 45°42'23" E A DISTANCE OF 104.65' TO A POINT; THENCE S 42°13'31" E A
DISTANCE OF 70.98' TO A POINT; THENCE S 03°04'59" W A DISTANCE OF 27.08' TO A POINT; THENCE N
86°55'14" W A DISTANCE OF 121.32' TO THE POINT OF BEGINNING, CONTAINING 5,354 SQ. FEET, 0.12
ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS AND/OR RIGHT-OF-WAYS OF RECORD.
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 15 of 21
R-A ZONING "1"
SURVEY DESCRIPTION
A PART OF THE NW1/4 OF THE NW1/4 & PART OF THE NE1/4 OF THE NW1/4 OF SECTION 18, TOWNSHIP 16
NORTH, RANGE 30 WEST IN WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING FROM THE SW CORNER OF LOT 34 IN MOUNTAIN RANCH SUBDIVISION; THENCE N
02°26'00" E A DISTANCE OF 43.68' TO THE POINT OF BEGINNING; THENCE N 02°26'00" E A DISTANCE OF
333.35' TO A POINT; THENCE S 87°22'34" E A DISTANCE OF 500.47' TO A POINT; THENCE WITH A CURVE
TURNING TO THE LEFT WITH AN ARC LENGTH OF 58.04', WITH A RADIUS OF 75.04', WITH A CHORD
BEARING OF N 77*11-48" E, WITH A CHORD LENGTH OF 56.60', TO A POINT; THENCE N 61°33'68" E A
DISTANCE OF 22.87' TO A POINT; THENCE S 43°40'17" E A DISTANCE OF 59.13' TO A POINT; THENCE WITH
A CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 57.42', WITH A RADIUS OF 87.20% WITH A
CHORD BEARING OF S 21 °30'05" E, WITH A CHORD LENGTH OF 56.38', TO A POINT; THENCE S 03°04'59" W
A DISTANCE OF 58.82' TO A POINT; THENCE N 86°55'01" W A DISTANCE OF 192.82' TO A POINT; THENCE
WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 613.44', WITH A RADIUS OF 624.91',
WITH A CHORD BEARING OF S 67°20'39" W, WITH A CHORD LENGTH OF 493.21', TO THE POINT OF
BEGINNING, CONTAINING 105,413 SQ. FEET, 2.42 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS
AND/OR RIGHT-OF-WAYS OF RECORD.
Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 16 of 21
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Planning Commission
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 17 of 21
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 18 of 21
RZN-2023-0036
Close Up View
RPZD
�O_ I Creek Trail
CL
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RAN ti TA/N
RSF-4
i Neighborhood Link
Freeway/Expressway
Unclassified
Residential Link
IW,4 Planned Neighborhood Link
Hillside -Hilltop Overlay District
Trail (Proposed)
_ I Design Overlay District
6 Planning Area
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Feet
0 75 150 300 450 600
1.2,400
\
IV%ol%o -
Zone Current Proposed
C-2 15.1 00
CS 0.0 13.1
P-1 0.4 0.0
R-A 0.0 2.5
Total 15.6 ac
no
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Paqe 19 of 21
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 20 of 21
RZN-2023-0036
NORTH
OF
W. TRCHNOLOGY
WAY
NORTH
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Rural
Residential
Neighborhood Link
Irrrrrr� Freeway/Expressway
Unclassified
Residential Link
Planned Neighborhood Link
ill" Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
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Civic and Private Open Space
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Feet Natural
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0 145 290 580 870 1,160 Residential Neighborhood
Rural Residential
1:4,800 Urban Center
January 22, 2024
RZN-2023-0036 (T&J NWA, LLC)
Pape 21 of 21
Form v1.44
NWA
a
RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI FEB 2 7 2024
113 W MOUNTAIN CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
FAYETTEVILLE, AR 72701
Ad number#: 378014
PO#:
Matter of: ORD 6720
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 6720
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$95.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 02/25/24;NWA nwaonline.com 02/25/24
diax_jat
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 26th day of February,2024 -
�'.I;' CATHERINE SUGGS
,,-,:m!.).i MY COMMISSION 012402772
c�1u ; r,�. EXPIRES:February 28, 2025
f`R' 1 �•.�Y;� � Washington County
NOTARY PUBLIC
Ordinance:6720
File Number: 2024-1691
REZONING-2023-0036:
(NORTH OF W. TECHNOLOGY
WAY/WATKINS,BOYER,GRAY&
CURRY PLLC,479):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2023-
036 FOR APPROXIMATELY 15.66
ACRES LOCATED NORTH OF
WEST TECHNOLOGY WAY IN
WARD 4 FROM C-2,THOROUGH-
FARE COMMERCIAL TO CS,
COMMUNITY SERVICES AND R-
A,RESIDENTIAL AGRICULTURAL
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 C-2,Thoroughfare
Commercial to CS,Community
Services and R-A, Residential
Agricultural.
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 20,2024
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:$95.76
Feb 25,2024 378014
Washington County, AR
I certify this instrument was filed on
03/11/2024 03:51:47 PM
and recorded in Real Estate
File Number 2024-00005640
Kyle Sylvester- Circuit Clerk
by