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