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HomeMy WebLinkAboutOrdinance 6757 IIIIIllohillhillhillhillDilihillhillhillIIll IIP hillIIIiiii /pF FAVE itF� `,,\ Doc ID: 021640360004 Type: REL Kind: ORDINANCE Recorded: 06/24/2024 at 03:08:48 PM I I.algII�m,i..� • . Fee Amt: $30.00 Page 1 of 4 .,..,. Washington County, AR `I'".- 1 Kyle Sylvester Circuit Clerk `9~ .�5=' File 2024-00015652 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6757 File Number: 2024-113 REZONING-2024-0019: (1830 E. 13TH ST./KELLAR,565): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-19 FOR APPROXIMATELY 1.86 ACRES LOCATED AT 1830 EAST 13TH STREET IN WARD 1 FROM C-2, THOUROUGHFARE COMMERCIAL AND 1-2,GENERAL INDUSTRIAL TO CS,COMMUNITY SERVICES 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 C-2, Thoroughfare Commercial and 1-2, General Industrial to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on June 4,2024 Approve Attest: ```wititHttii t oneld Jordan, it Kara Paxton,City Clerk Treasurer .... FAYi T1 EVILLE This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. i Amount Paid: $ C1'L. Zip. Page 1 I-2 C-2 RSF-4 RMF-24 P-1 C-1 I-1 R-A Proposed CS RAY A V E EVALYN CIR H A P P Y H O L L O W R D W A R FO R D DR HELEN ST 13TH ST 1 5 T H S T H A PPYHOLLOWRD Regional Link - High Activity Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0019 1830 E. 13TH ST N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-2 CS I-2 0.0 1.9 0.0 Total 1.9 ac1:2,400 Current 0.2 0.0 1.6 RZN-2024-0019 LEGAL DESCRIPTION “EXHIBIT B’ Parcel: 765-15261-001 Parcel: 765-15252-001 Parcel: 765-15252-002 Parcel: 765-15261-002 � Washington County AR | certify this instrument was filed on 08/24/2024 03:08:48PKA and recorded in Real Estate File Number 2O24'O0015652 Kyle Sylvester' Circuit Clerk Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-113 MEETING OF JUNE 4, 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 SUBJECT: RZN-2024-0019: Rezoning (1830 E. 13TH ST./KELLAR, 565): Submitted by BOBBY, PAUL, AND ANGEL KELLAR for property located at 1830 E. 13TH ST. in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND I-2 GENERAL INDUSTRIAL and contains approximately 1.86 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject area includes four parcels totaling approximately 1.86 acres in southeast Fayetteville, at the intersection of E. 13th St. and S. Warford Dr. It is approximately 0.10 miles northeast of a large complex of City of Fayetteville facilities. The parcels are currently split between C-2, Thoroughfare Commercial, and I-2, General Industrial, and are developed with a 1,296 square foot single-family dwelling constructed in 1922. The area received its current designation with the passage of Fayetteville’s original zoning map in 1970 (Ordinance 1747). No overlay districts or Master Plan areas apply. Request: The request is to rezone the property from I-2, General Industrial, and C-2, Thoroughfare Commercial, to CS, Community Services. Public Comment: Staff have received no public comment. Land Use Compatibility: On the balance of considerations, staff finds the request to be compatible with the surrounding context and recent development patterns. Staff finds that the rezoning is effectively a downzoning given the intensity of uses permitted in the I-2 and C-2 districts. CS would permit a mix of uses while also allowing the applicant to improve or expand the existing residential structure. Although the property does not currently have access to sewer, a 12” main located approximately 140 feet to the west could potentially support a future extension. While a property line adjustment could increase the limited buildable area, the parcels’ small size and hydric soil could potentially restrict industrial development. Neither the existing nor proposed zoning districts have bulk and area regulations for nonresidential uses, though CS requires minimum lot widths of 18 feet for Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov residential dwellings. I-2 has no building height limitation and C-2 has a maximum height of 6 stories. Both provide additional setback requirements for buildings over 2 stories in height. CS has a building height maximum of 5 stories. The proposed rezoning would reduce the existing 50- or 100-foot front setback to a build-to-zone between 10 and 25 feet. Rear setbacks for I-2 are 25 feet, with variable 25- or 50-foot side setbacks. C-2 has a rear setback of 20 feet. The rear and side setbacks for CS are 15 feet when adjacent to residential zoning and zero feet when adjacent to nonresidential. Staff finds the existing industrial uses are primarily geared towards manufacturing, warehousing, and the provision of critical city services which are unlikely to be relocated or sold. While residential uses in the area may not be strictly compatible, staff finds the rezoning is in line with a gradual shift away from conventional industrial uses towards services and residences. Since 2015, nearby properties have been rezoned to mixed use districts such as CS and more intensive residential districts such as RI-U, Residential Intermediate – Urban. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property received its current industrial zoning approximately 54 years ago in 1970. City Plan 2040 designates this area as “City Neighborhood” rather than “Industrial,” indicating industrial uses are no longer considered an appropriate land use. City Plan 2040 specifically calls for industrial zones that are inconsistent with the Future Land Use Plan to be rezoned. While separated by multiple intervening properties, the subject property is near the White River and Combs Park, which is currently completing community outreach for potential improvements. While the infill scores are generally low (5-6), they are likely to increase with the construction of park improvements and adjacent services. Staff finds that the provision of additional permitted uses could help contribute to city goals to create complete, compact, and connected neighborhoods in an area rich in employment opportunities, but limited in housing. The closest Tier Center is located approximately ¼ mile north at the intersection of S. Happy Hollow Rd. and E. Huntsville Rd (Tier 3). CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 5-6 for this site. The following elements of the matrix contribute to the score: 1. Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.) 2. Near Sewer Main (12” Sewer Main, S. Happy Hollow Rd., and a portion of E. 13th St.) 3. Near Water Main (12” Water Main, S. Happy Hollow Rd. | 2.25” Water Main, E. 13th St.) 4. Near City Park (White River Park and Combs Park) 5. Near ORT Bus Stop (E. 15th St. and S. Happy Hollow Rd. intersection 6. Appropriate Future Land Use DISCUSSION: At the May 13, 2024, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. There was no discussion, and no public comment was provided at the meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Report (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-113 RZN-2024-0019: Rezoning (1830 E. 13TH ST./KELLAR, 565): Submitted by BOBBY, PAUL, AND ANGEL KELLAR for property located at 1830 E. 13TH ST. in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND I-2 GENERAL INDUSTRIAL and contains approximately 1.86 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-19 FOR APPROXIMATELY 1.86 ACRES LOCATED AT 1830 EAST 13TH STREET IN WARD 1 FROM C-2, THOUROUGHFARE COMMERCIAL AND I-2, GENERAL INDUSTRIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from C-2, Thoroughfare Commercial and I-2, General Industrial to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. 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 2024-113 Item ID 6/4/2024 City Council Meeting Date - Agenda Item Only RZN-2024-0019: Rezoning (1830 E. 13TH ST./KELLAR, 565): Submitted by BOBBY, PAUL, AND ANGEL KELLAR for property located at 1830 E. 13TH ST. in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND I- 2 GENERAL INDUSTRIAL and contains approximately 1.86 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 5/17/2024 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: May 13, 2024 SUBJECT: RZN-2024-0019: Rezoning (1830 E. 13TH ST./KELLAR, 565): Submitted by BOBBY, PAUL, AND ANGEL KELLAR for property located at 1830 E. 13TH ST. The property is zoned C-2, THOROUGHFARE COMMERCIAL AND I-2 GENERAL INDUSTRIAL and contains approximately 1.86 acres. The request is to rezone the property to CS, COMMUNITY SERVICES RECOMMENDATION: Staff recommends RZN-2024-0019 be forwarded to the City Council with a recommendation for approval. RECOMMENDED MOTION: “I move to forward RZN-2024-0019 to the City Council with a recommendation of approval.” BACKGROUND: The subject area is in southeast Fayetteville at the intersection of E. 13th ST. and S. Warford Dr. It is approximately 1/10 of a mile northeast of a large complex of city institutions including transportation and fleet operations, the parks and recreation offices, the animal shelter, and trash, recycling, and composting facilities. The subject area contains four parcels containing roughly 1.86 acres. The parcels are currently split between C-2, Thoroughfare Commercial and I-2, General Industrial. The property is currently developed with a 1,296 square foot single-family dwelling constructed in 1922. The property received its current designation with the passage of Fayetteville’s original zoning map in 1970 (ORD 1747). It does not fall within any overlay districts or Master Plan areas. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Retail I-1, Heavy Commercial and Light Industrial South Automotive Repair Shop I-2, General Industrial East Undeveloped I-2, General Industrial C-2, Thoroughfare Commercial West Undeveloped I-2, General Industrial C-2, Thoroughfare Commercial Request: The request is to rezone the property from I-2, General Industrial to CS, Community Services. Public Comment: Staff has not received any public comments. Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 1 of 20 (UPDATED WITH MEETING RESULTS) INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along E. 13th St., a partially improved residential link with asphalt paving and open ditches. Any street or drainage improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available to the subject area. An existing 2.25-inch water main is present on the south side of E. 13th St. Sewer: Sanitary sewer is not available to the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately 0.3 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property is within a FEMA floodplain, the Hillside-Hilltop Overlay District or includes a protected stream. Hydric soils are present on the property. 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 are 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. Tree Preservation: The proposed zoning district of CS, Community Services requires 20% minimum canopy preservation. The current zoning district of I-2, General Industrial requires 15% 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 Neighborhoods 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. Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 2 of 20 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 ranging score of 5-6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (12” Sewer Main, S. Happy Hollow Rd. and a portion of E. 13th St.) • Near Water Main (12” Water Main, S. Happy Hollow Rd. | 2.25” Water Main, E. 13th St.) • Near City Park (White River Park and Combs Park) • Near ORT Bus Stop (E. 15th St. and S. Happy Hollow Rd. intersection) • Appropriate Future Land Use 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: On the balance of considerations, staff finds the request to be somewhat compatible with the surrounding context and recent development patterns. Staff finds that the rezoning request is effectively a downzoning given the intensity of uses permitted in the I-2 district. While the applicant has indicated an intent for single-family dwelling(s) to remain the primary use, staff finds that CS would also permit more intensive development and mixed uses in the future while allowing the applicant to meet their immediate needs to improve or expand the existing structure. The subject area is composed of four parcels of 0.1, 0.1, 0.8, and 0.8 acres. While there are no bulk and area requirements under the I-2 districts, this district has some of the largest setbacks of any of Fayetteville zoning districts. The two smaller parcels are rendered effectively unbuildable due to overlapping front and rear setbacks. While a property line adjustment could increase the buildable area of the affected parcels, staff finds that the small size of the subject area and presence of hydric soils over nearly the entire subject area could limit potential industrial development on these parcels. While the surrounding area has been primarily developed with industrial uses, staff finds that these uses are generally geared towards provision of critical city services such as trash collection and recycling and the operation of city fleets, which would also be permitted city-wide under Use Unit 2: City-Wide Uses by Conditional Use Permit. Staff notes that these city facilities are unlikely to be relocated or sold and that undeveloped industrial parcels are generally small, which limits their potential for intensive industrial uses that could be disruptive to adjacent residents. Additionally, while the insertion of residential uses in the area may not be strictly compatible, the future land use plan indicates this area as a city neighborhood and City Plan 2040 specifically calls for industrial zones that Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 3 of 20 are inconsistent with the Future Land Use Plan to be rezoned. Staff notes that the area is beginning to see redevelopment. Several properties have been rezoned to mixed use districts such as CS, Community Services and NS-G, Neighborhood Services – General, and more intensive residential districts such as RI-U. Residential Intermediate – Urban and RMF-24, Residential Multifamily, 24 Units per Acre since 2015, including a current request to NS-L and RI-U approximately ¼ mile to the northeast (RZN-2024- 0012). This indicates the area is beginning to shift away from strict ly low- density residential or industrial uses. Staff finds that, although this rezoning is relatively small and is disconnected from other recent rezonings, it is in line with this gradual shift to more mixed-use, permissive zoning districts. Neither the existing I-2 nor proposed CS zoning districts have bulk and area regulations for non-residential uses, though CS requires a minimum lot frontage of 18 feet for residential dwellings. I-2 has no building height limitation but provides additional setback requirements for buildings over 2 stories in height. CS has a straight building height maximum of 5 stories. I-2 has restrictive setbacks depending on adjacent zoning districts. The proposed rezoning would reduce the existing 50- or 100-foot front setback to a build-to-zone between 10-25 feet. Current rear setbacks are 25 feet, with variable 25- or 50-foot side setbacks. The rear and side setbacks for CS are both 15 feet when adjacent to a residential zoning and zero feet when located next to nonresidential districts. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property received its current industrial zoning designation approximately 54 years ago with the passage of an amended zoning ordinance in 1970. This area was designated as a “City Neighborhood” rather than an “Industrial” area in the development of City Plan 2040, indicating that industrial uses are no longer considered an appropriate use in this area of the city and that the area should begin to transition away from industrial zoning districts. In fact, City Plan 2040 specifically calls for industrial zones that are inconsistent with the Future Land Use Plan to be rezoned. The parcel is approximately 1/3 of a mile north of White River Park and just over ½ mile north of Combs Park as the bird flies. Based on the existing sidewalk network, the property is approximately 2/3 mile from White River Park. The city is currently completing community outreach regarding potential improvements to Combs Park. Per the city’s website, “Combs Park will become Fayetteville’s first true river access park designed for water recreation and nature appreciation. It will provide access for picnicking, hiking, swimming, wading, fishing, and paddling.” While the parcels’ infill scores are generally low (5-6), staff finds that it is likely to increase with the construction of park improvements such as trails and increased demand for services in the vicinity of the park. The closest Tier Center is located approximately ¼ mile north at the intersection of S. Happy Hollow Rd. and E. Huntsville Rd (Tier 3). Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 4 of 20 Staff also notes that although the property does not currently have access to sewer, there is a 12” sewer main approximately 140 feet to the west which could potentially support a future main extension. Staff finds that the proposed rezoning will bring the area in closer alignment with the future land use plan and that allowing the existing zoning to remain runs counter to the future land use designation. City Plan 2040 calls for the city to “encourage new development that supports and compliments the unique characteristics and economic values of employment clusters in and around downtown, the U of A, the north end, the rail corridor, Drake Field and the Industrial Park” as a Goal 1 objective. Staff finds that the uses permitted by right in I-2 and CS have little overlap and that the provision of these additional uses around the existing industrial park could better support both existing residents and employees in the area, which has one of the larger clusters of jobs located in southeast Fayetteville (see attached exhibit). The addition of uses could help contribute to city goals to create complete, compact, and connected neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed zoning is justified and necessary at this time. Under the existing zoning, no residential uses are permitted. The future land use plan calls for this area to be developed as a “City Neighborhood” which is not feasible under existing zoning. City Plan 2040 specifically calls for industrial zones that are inconsistent with the Future Land Use Plan to be rezoned. Further, staff finds the existing residential structure pre-dated the original zoning ordinance and that rezoning to CS would allow the property to be developed with mixed uses while also permitting the current property owner expand their existing dwelling. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from I-2 to CS is unlikely to increase traffic at this location when considering typical trip generation rates for industrial uses (0.12 - 2.27 per 1,000 gross square feet) to those for residential uses (0.16 – 0.69 per 1,000 gross square feet) as defined by the Institute of Transportation Engineers Trip Generation Manual. The lots under consideration have direct access to a short, dead end public street which connects to a Regional Link – High Activity Street. Regional Link – High Activity streets have a design service volume of 17,600 vehicles per day. S. Happy Hollow Rd. currently has 14,000 vehicles per day based on the most recent counts, indicating the street can likely support additional traffic. Any necessary street improvements and potential traffic impacts would be determined at the time of development. 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. Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 5 of 20 Finding: The proposed rezoning has the potential to alter the population density since no residential uses are currently permitted. However, the property is in close proximity to public streets and existing water and sewer mains. Any necessary upgrades or improvements to the existing infrastructure would 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-2024-0019 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: May 13, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 6 of 20 x FORWARDED WITH A RECOMMENDATION OF APPROVALCABE BRINK 7-0-0 Attachments: • Unified Development Code: • §161.31 I-2 General Industrial • §161.22 CS, Community Services • Applicant Request Letter • Staff Exhibits • 1970 Zoning Map • Current Setback Analysis • City Plan 2040 Excerpts • Residential Density and Job Map • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 7 of 20 161.31 District I-2, General Industrial (A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities which may give rise to substantial environment nuisances, which are objectionable to residential and business use. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 13 Eating places Unit 16 Shopping goods Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 23 Heavy industrial Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 42 Clean technologies Unit 43 Animal boarding and training Unit 46 Short-term rentals Unit 47 Data centers (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 31 Facilities emitting odors and facilities handling explosives. Unit 36 Wireless communications facilities Unit 38 Mini-storage Units Unit 39 Auto salvage and junk yards (C) Density. None. (D) Bulk and area regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 100 feet Front, when adjoining C, I or P districts 50 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I or P districts 25 feet Rear 25 feet Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 8 of 20 (F) Height Regulations. There shall be no maximum height limits in I-2 Districts, provided, however, that 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 a djacent 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. None. (Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991, §160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8- 31-99; 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. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6521 , §7, 1-18- 22; Ord. No. 6678 , §3, 9-5-23) Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 9 of 20 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed-use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi-family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre-approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 10 of 20 (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build-to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to a single-family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 5 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 , §§1(Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21) Editor's note(s)—Ord. No. 6710 , §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause) and Ord. No. 6625 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinanc e 6427 shall automatically sunset, be repealed and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 11 of 20 March 22,2024 Updated April 19,2024 We are writing this letter on behalf of our family,The Kellar Family. The property in consideration for rezoning has been a part of our family for generations.Bobby Kellar is the current owner and he has lived on the property his entire life.He was married to his wife Rita and they raised two children on the property. Bobby ’s son Paul grew up on the property through his childhood and early adult years.Paul was married to his wife Angel and they had two children while living on the property.Unfortunately,Paul and Angel, with their children had to move due to the size of home and no option to expand or build. Currently Bobby is the only one residing in the home because there is not adequate space for the additional family members.The reasoning for the rezoning request is to bring the family back together. Bobby has been residing alone since October 2021 when his wife unfortunately passed away.He has experienced some medical issues and it would be beneficial for him to have family there if they are needed. With a rezoning,we would be able to apply for a permit to add additional space to the current home,or in the future build an additional home as the family grows.Having that opportunity would be so much more dynamic for the family. We are requesting that the property be rezoned to CS,Community Services. We appreciate your time and consideration in helping us move toward our future. Sincerely, The Kellar Family Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 12 of 20 STAFF EXHIBIT: ORIGINAL ZONING MAP SUBJECT AREA S. H A P P Y H O L L O W R D . E. 13TH ST. S. H A P P Y H O L L O W R D . S. W A R F O R D D R . Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 13 of 20 STAFF EXHIBIT: CURRENT SETBACK ANALYSIS Overlapping front / rear setbacks (Unbuildable) 25 ’ S i d e S e t b a c k 25 ’ S i d e S e t b a c k 25’ Rear Setback 25’ Rear Setback 50’ Front Setback 50’ Front Setback Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 14 of 20 STAFF EXHIBIT: CITY PLAN 2040 EXCERPTS Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 15 of 20 STAFF EXHIBIT: RESIDENTIAL DENSITY AND JOBS SUBJECT AREA Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 16 of 20 I-1 I-2 RMF-24 R-O CS C-2 R-A RPZD C-1 P-1 NC RSF-4 RI-U RSF-8 C R OSSOVER RD H U NTS VILLERD ARMSTRONG AV E HAPPY HOLLOW RD 15TH S T Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Trail (Proposed) Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2024-0019 1830 E. 13TH ST N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 17 of 20 I-2 C-2 RSF-4 RMF-24 P-1 C-1 I-1 R-A Proposed CS RAY A V E EVALYN CIR H A P P Y H O L L O W R D W A R FO R D DR HELEN ST 13TH ST 1 5 T H S T H A PPYHOLLOWRD Regional Link - High Activity Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0019 1830 E. 13TH ST N 0 150 300 450 60075 Feet Subject Property Zone Proposed C-2 CS I-2 0.0 1.9 0.0 Total 1.9 ac1:2,400 Current 0.2 0.0 1.6 Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 18 of 20 RA Y A V E FAIRLANE ST A R M S T R O N G A V E H A PPYHOLLOW RD 1 5 T H S T Neighborhood Link Regional Link - High Activity Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2024-0019 1830 E. 13TH ST N 0 225 450 675 900112.5 Feet Subject Property Multi-Family Residential Undeveloped Commercial Single-Family Residential 1:3,600 Undeveloped / Industrial Undeveloped Commercial / Single-Family Residential Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 19 of 20 City Neighborhood Civic and Private Open Space Civic InstitutionalIndustrial Natural Residential Neighborhood CR O S S O V E R R D HUNTSVILLE RD A R M S T R O N G A V E HAPPY HOLLOW RD 15TH ST Neighborhood Link Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2024-0019 1830 E. 13TH ST N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission May 13, 2024 RZN-2024-0019 (KELLAR) Page 20 of 20 Form v1.52 NV\ AN media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN RECEIVED FAYETTEVILLE, AR 72701 Ad number#: 409922 JUN 1 1 2024 PO#: CITY OF FAYETTEVILLE CITY CLERKS OFFICE Matter of: ORD 6757 AFFIDAVIT•STATE OF ARKANSAS I Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTONBENTON county,State ofARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6757 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona tide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$94.24. (includes$0.00 Affidavit Charge). NWA Democrat Gazette 06/09/24;NWA nwaonline.com 06/09/24 uturegal Clerk stI'v • Sebastian m � 0OTARY m': = �:�' State ofARKANSAS,County of :w: pug Subscribed and sworn to before me on this 10th day of June, no 1'M S`,6 CO U NAY VoNICQS\41/ ,\\`� �'>>11tftlllNN\�` Y PUBLIC Ordinance:6757 File Number: 2024-113 REZONING-2024-0019:(1830 E.13TH STJKELIAR,565): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 19 FOR APPROXIMATELY 1,86 ACRES LOCATED AT 1830 EAST 13TH STREET IN WARD 1 FROM C-2, THOUROUGHFARE COM- MERCIAL AND 1-2,GENERAL IN- DUSTRIAL TO CS,COMMUNITY SERVICES 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 and 1-2,General In- dustrial to CS,Community Serv- ices. Section 2: That the City • Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on June 4.2024 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:$94.24 June 9.2024 409922 I I