HomeMy WebLinkAboutOrdinance 6762 KDoc ind ID:RDINg78890003 Type: R L
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1I , , Kyle Sylvester Cis AR
�' F11e202d� cult Clerk
4 00018337
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6762
File Number: 2024-162
REZONING-2024-0021: (3390 W. MARTIN LUTHER KING JR BLVD/CATHCART RENTALS LLC,557):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-21 FOR
APPROXIMATELY 1.54 ACRES LOCATED AT 3390 WEST MARTIN LUTHER KING JR. BOULEVARD IN
WARD 1 FROM R-O, RESIDENTIAL-OFFICE, C-2, THOROUGHFARE COMMERCIAL, AND RSF-4,
RESIDENTIAL SINGLE-FAMILY,FOUR UNITS PER ACRE TO UT,URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-O, Residential-Office, C-2, Thoroughfare Commercial, and RSF-4, Residential
Single-Family, Four Units Per Acre to UT,Urban Thoroughfare.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on June 18,2024
Approv Attest: `%�`II,I q•
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lone Jordan, a o Kara Paxton,City erk Treasurer ��Z•• gRKANc,Q ;
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ I u�, 1+0
Page 1
RZN-2024-0021 3390 W. MARTIN LUTHER
Close Up View KING J R B LV D
N-1
Old Farm ingt
Trail on . C-? r Pp J .1k
C-1
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Neighborhood Link
® Hillside -Hilltop Overlay District
— — Trail (Proposed)
Planning Area
Fayetteville City Limits
0 75 150
4
Subject Property
JR 6Lv�
Feet
300
1.2,400
450
NUJ
Zone Current Proposed
C-2 0.5 1.5
R-0 0.8 0.0
RSF-4 0.1 0.0
Total 1.5 ac
Parcel: 765-14796-000 (encompasses all three parcels)
A part of the Fractional Southwest Quarter of the Northwest Quarter of Section Nineteen,
Township 16 North, Range Thirty West, Washington County, Arkansas, being more
particularly described as follows:
Commencing at the Northeast Corner of said Fractional Southwest Quarter of the Fractional
Northwest Quarter; Thence North 87004'28" West, along the North line of said Fractional
Quarter; Thence South 02054'28" West a distance of 608.56 feet to the point of beginning;
thence south 54054'59" West a distance of 103.73 feet; thence North 20051'24" West a
distance of 117.03 feet to a point lying on the South right-of-way of Old Farmington Road;
thence south 54°35'59" West, along said right-of-way, a distance of 82.21 feet to a point of
curvature of a curve concave to the southeast, having a radius of 140.40 feet, a central angle
of 28°36'41", a chord bearing of south 45'23'17" West and a chord distance of 57.45 feet;
thence Southwesterly, along the arc of said curve and along said right of way, a distance of
57.86 feet to the point of compound curve concave to the east, having a radius of 51.19 feet,
a central angle of 46000'30", a chord bearing of south 04011'34" West and a chord distance
of 40.01 feet; thence southerly, along the arc of said curve and said right-of-way, a distance
of 41.11 feet to the point of tangency of said curve; thence south 18°18'27" East, continuing
along said right-of-way, a distance of 32.27 feet; thence south 20°55'20" East, continuing
along said right-of-way, a distance of 105.98 feet; thence south 19015'44" East, continuing
along said right-of-way, a distance of 69.24 feet to a point lying on the North right-of-way U.S
Highway #62 West (Martin Luther King Jr. Boulevard); thence North 76011'07" East,
departing said Old Farmington Road right-of-way and along said north right-of-way, a
distance of 77.60 feet; thence North 76009'03" East, along said North right-of-way, a distance
of 138.40 feet; thence North 21016'29" West, departing from said north right-of-way, a
distance of 252.48 feet to the point of beginning.
Containing in all 67,198 sq. ft. or 1.54 acres, more or less.
Subject to easements, restrictions, reservations and rights -of -way of record.
Washington County, AR
I certify this instrument was filed on
07/22/2024 02:07:27 PM
and recorded in Real Estate
File Number 2024-00018337
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 18, 2024
CITY COUNCIL MEMO
2024-162
TO: Mayor Jordan and City Council
THRU: Jessica Masters, Development Review Manager
Jonathan Curth, Development Services Director
Susan Norton, Chief of Staff
FROM: Kylee Cole, Planner
SUBJECT: RZN-2024-0021: Rezoning (3390 W. MARTIN LUTHER KING JR BLVD/CATHCART
RENTALS LLC, 557): Submitted by HALL ESTILL for property located at 3390 W.
MARTIN LUTHER KING JR BLVD in WARD 1. The property is zoned R-O,
RESIDENTIAL -OFFICE, C-2, THOROUGHFARE COMMERCIAL, and RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately
1.54 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in southwest Fayetteville approximately 0.77 miles west of 1-49 along W. Martin Luther
King Jr. Blvd. The property contains three parcels totaling approximately 1.54 acres and is developed with a
1,984-square-foot commercial structure constructed in 1975, according to Washington County Assessor
records. The property is zoned a mixture of R-O, Residential -Office, C-2, Thoroughfare Commercial, and RSF-
4, Residential Single -Family, Four Units per Acre which it received in 2003 with the adoption of a new city-wide
zoning map.
Request: The request is to rezone the subject property from R-O, Residential -Office, C-2, Thoroughfare
Commercial, and RSF-4, Residential Single -Family, Four Units per Acre to UT, Urban Thoroughfare.
Public Comment: To date, staff have received no public comment.
Land Use Compatibility: Staff finds the proposed rezoning from R-O, Residential -Office, C-2, Thoroughfare
Commercial, and RSF-4, Residential Single -Family, Four Units per Acre to UT, Urban Thoroughfare to be
compatible with the surrounding area. The subject property is adjacent to a variety of commercially -zoned
properties to the east and west. To the south, across W. Martin Luther King Jr. is a large tract zoned UT, Urban
Thoroughfare. To the north and northeast, there are several single-family homes along the south side of W.
Old Farmington Rd. and Centennial Park along the north side. A rezoning to UT would allow for a wider variety
of commercial and residential uses than those permitted under the property's current zoning designation.
Specifically, a rezoning to UT would permit the development of a greater variety of dwellings, including the by -
right development of single-family, two-family, three- and four -family dwellings, and multi -family dwellings. The
portion of the property currently zoned R-O has variable bulk and area requirements depending on the
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
development type. A rezoning to UT would have no bulk and area requirements, which is consistent with the C-
2 zoning for a portion of the property. R-O and C-2 districts permit a building height of five and six stories,
respectively, with additional setback requirements for portions of a building that exceed two stories in height
and are adjacent to single-family districts. UT provides a similar height limitation for proximity to single-family
districts but permits up to seven -story development. While both R-O and C-2 provide an Urban Form option
gore buildings to locate near adjacent streets, UT requires it. The existing structure is meeting the Urban Form
setbacks (with the potential for right-of-way dedication associated with future development) and height
limitations for the proposed UT district. Further, the property's location along a Regional Link — High Activity
Street and a corner lot is an ideal location for mixed use or commercial development. With consideration for
the on -site stream, a tributary of the Farmington Branch, staff finds that existing zoning exemptions and
streamside development standards will ensure sensitive development. Accordingly, the requested rezoning is
compatible with surrounding land uses and provides opportunities for increased commercial services and
housing opportunities in the neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's land use and zoning
plans. The subject property is designated as a City Neighborhood area in the City Plan 2040 Future Land Use
Map and is located approximately midway between two Tier Two Centers: one at the intersection of 1-49 and
W. Martin Luther King Jr. Blvd. and the other at the intersection of S. Rupple Rd. and W. Martin Luther King Jr.
Blvd. as indicated on the plan's Growth Concept Map. Staff finds that a rezoning to UT would support those
designations as both City Neighborhoods and Tier Two Centers exist to provide a mix of commercial and
residential uses of varying scale. Staff also finds the requested rezoning to be aligned with City Goals
1(encouragement of appropriate infill), 2 (discouragement of urban sprawl), 3 (compact, complete
development), and potentially 6 (opportunities for attainable housing).
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8. The following elements
of the matrix contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave
• Near Sewer Main (8-inch main, on subject property)
• Near Water Main (8-inch water main, west side of W
of W. Old Farmington Rd.)
• Near Grocery Store (Aldi)
• Near City Park (Centennial Park)
• Near Paved Trail (Old Farmington Trail)
• Near Razorback Bus Stop (ORT Route 44)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
Old Farmington Rd.; 6-inch water main, north side
At the May 28, 2024 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with
a recommendation of approval. The commissioners cited future land use compatibility and staff
recommendations as noted in the report as reasons for approval. No public comment was offered at the
meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Staff Report (#6)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-162
RZN-2024-0021: Rezoning (3390 W. MARTIN LUTHER KING JR BLVD/CATHCART
RENTALS LLC, 557): Submitted by HALL ESTILL for property located at 3390 W. MARTIN
LUTHER KING JR BLVD in WARD 1. The property is zoned R-O, RESIDENTIAL -OFFICE, C-
2, THOROUGHFARE COMMERCIAL, and RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contains approximately 1.54 acres. The request is to rezone the property
to UT, URBAN THOROUGHFARE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-21 FOR APPROXIMATELY 1.54 ACRES LOCATED AT 3390 WEST MARTIN LUTHER
KING JR. BOULEVARD IN WARD 1 FROM R-O, RESIDENTIAL -OFFICE, C-2,
THOROUGHFARE COMMERCIAL, AND RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE TO UT, URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-O, Residential -Office, C-2, Thoroughfare
Commercial, and RSF-4, Residential Single -Family, Four Units Per Acre to UT, Urban Thoroughfare.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2024-162
Item ID
6/18/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/31/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2024-0021: Rezoning (3390 W. MARTIN LUTHER KING JR BLVD/CATHCART RENTALS LLC, 557): Submitted by
HALL ESTILL for property located at 3390 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is zoned R-O,
RESIDENTIAL -OFFICE, C-2, THOROUGHFARE COMMERCIAL, and RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS
PER ACRE and contains approximately 1.54 acres. The request is to rezone the property to UT, URBAN
THOROUGHFARE.
Budget Impact:
Account Number
Fund
Project Number Project Title
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 $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Kylee Cole, Planner
MEETING DATE: May 28, 2024
SUBJECT: RZN-2024-0021: Rezoning (3390 W. MARTIN LUTHER KING JR
BLVD/CATHCART RENTALS LLC, 557): Submitted by HALL ESTILL for
property located at 3390 W. MARTIN LUTHER KING JR BLVD. The
property is zoned R-O, RESIDENTIAL -OFFICE, C-2, THOROUGHFARE
COMMERCIAL, and RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contains approximately 1.62 acres. The request is
to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommend forwarding RZN-2024-0021 to City Council with a recommendation of approval.
RECOMMENDED MOTION:
`7 move to forward RZN-2024-0021 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in southwest Fayetteville approximately 0.77 miles west of 1-49 along W.
Martin Luther King Jr. Blvd. The property contains three parcels totaling approximately 1.62 acres
and is developed with a 1,984-square-foot commercial structure constructed in 1975, according
to Washington County Assessor records. The property is zoned a mixture of R-O, Residential -
Office, C-2, Thoroughfare Commercial, and RSF-4, Residential Single -Family, Four Units per
Acre which it received in 2003 with the adoption of a new city-wide zoning map. Surrounding land
uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Centennial Park
P-1, Institutional
South
Undeveloped
UT, Urban Thoroughfare
East
Commercial; Single -Family Residential
C-2, Thoroughfare Commercial; RSF-4, Residential Single -
Family, 4 Units per Acre
West
Single FamilResidential
C-2, Thoroughfare Commercial
Request: The request is to rezone the subject property from R-O, Residential -Office, C-2,
Thoroughfare Commercial, and RSF-4, Residential Single -Family, Four Units per Acre to UT,
Urban Thoroughfare.
Public Comment: To date, staff have received no public comment.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has frontage along W. Martin Luther King Jr. Blvd. and W. Old
Farmington Rd. W. Martin Luther King Jr. Blvd. is a partially improved Regional
Link — High Activity Street with asphalt paving, curb and gutter, and noncontiguous
sidewalks along the north and south sides. W. Old Farmington Rd. is a partially
improved Neighborhood Link Street with asphalt paving and open ditches. Any
street improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject area. An existing 8-inch water main is
present on the west side of W. Old Farmington Rd. An existing 6-inch water main
is present on the north side of W. Old Farmington Rd.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present on the subject property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District. A
portion of the subject property is within a FEMA-designated floodplain. A floodplain
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. A protected stream runs along the
southern portion of the property. 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. Hydric soils are also present on the site, which is
a known indicator of wetlands. However, for an area to be classified as wetlands,
it may also need other characteristics such as hydrophytes (plants that grow in
water), and shallow water during parts of the year. Hydric Soils can be found
across many areas of Fayetteville, including valleys, floodplains, and open prairies.
It's important to identify these natural resources during development, so when
these soils are identified on a property, further environmental studies will be
required at the time of development. Before permits will be issued for the property
a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal. Any
improvements or requirements for drainage would be determined at the time of
development submittal.
Fire: Station 6, located at 990 S. Hollywood Ave. protects this site. The property is
located approximately 1.3 miles from the fire station with an anticipated drive time
of approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 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. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The current zoning districts of R-O, Residential -Office, C-2, Thoroughfare
Commercial, and RSF-4, Residential Single -Family, Four Units per Acre require
20%, 15%, and 25% minimum canopy preservation, respectively. The
proposed zoning district of UT, Urban Thoroughfare 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 Neighborhood 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 of 8 for
this site with a weighted score of 9.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave.)
• Near Sewer Main (8-inch main, on subject property)
• Near Water Main (8-inch water main, west side of W. Old Farmington Rd.; 6-inch water
main, north side of W. Old Farmington Rd.)
• Near Grocery Store (Aldi)
• Near City Park (Centennial Park)
• Near Paved Trail (Old Farmington Trail)
• Near Razorback Bus Stop (Walmart MLK)
• Appropriate Future Land Use (City Neighborhood)
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 R-O,
Residential -Office, C-2, Thoroughfare Commercial, and RSF-4, Residential
Single -Family, Four Units per Acre to UT, Urban Thoroughfare to be
compatible with the surrounding area. The subject property is adjacent to a
variety of commercially -zoned properties to the east and west. To the
south, across W. Martin Luther King Jr. is a large tract zoned UT, Urban
Thoroughfare. To the north and northeast, there are several single-family
homes along the south side of W. Old Farmington Rd. and Centennial Park
along the north side. A rezoning to UT would allow for a wider variety of
commercial and residential uses, than those permitted under the property's
current zoning designation. Specifically, a rezoning to UT would permit the
development of a greater variety of dwellings, including the by -right
development of two-family, three- and four -family dwellings, and multi-
family dwellings. The portion of the property currently zoned R-O has
variable bulk and area requirements depending on the development type.
A rezoning to UT would have no bulk and area requirements, which is
consistent with the C-2 zoning for a portion of the property. R-O and C-2
districts permit a building height of five and six stories, respectively, with
additional setback requirements for portions of a building that exceed two
stories in height and are adjacent to single-family districts. UT provides a
similar height limitation for proximity to single-family districts but permits
up to seven -story development. While both R-O and C-2 provide an Urban
Form option, UT would require future development in Urban Form. The
existing structure is meeting the Urban Form setbacks (with the addition of
right-of-way dedication along W. Old Farmington Rd. to meet the MSP
requirements) and height limitations for the proposed UT district. Further,
the property's location along a Regional Link — High Activity Street and a
corner lot is an ideal location for mixed use or commercial development in
Urban Form. Staff finds the requested rezoning to be compatible with
surrounding land uses and provides opportunities for increased commercial
services and housing opportunities in the neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the City's land use and zoning plans. The subject property is designated
as a City Neighborhood area in the City Plan 2040 Future Land Use Map and
is located approximately midway between two Tier Two Centers, one at the
intersection of 1-49 and W. Martin Luther King Jr. Blvd. and the other at the
intersection of S. Rupple Rd. and W. Martin Luther King Jr. Blvd. as indicated
on the plan's Growth Concept Map. Staff finds that a rezoning to UT would
support those designations as both City Neighborhoods and Tier Two
Centers exist to provide a mix of commercial and residential uses of varying
scale. Staff also finds the requested rezoning to be aligned with City Goals
1(infill), 2 (discourage urban sprawl), 3 (compact, complete development),
and potentially 6 (opportunities for attainable housing).
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification to rezone the property from R-
O, C-2, and RSF-4 to UT since it would provide the opportunity for a variety
of commercial and housing development options which support multiple
goals of City Plan 2040. Further, the proposed rezoning is consistent with
the property's future land use designation and clarifies zoning that does not
follow parcel lines.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from R-O, C-2, and RSF-4 to UT has some potential to increase
traffic danger and congestion due to the addition of denser residential uses.
The property has frontage along both W. Martin Luther King Jr. Blvd. and W.
Old Farmington Rd. and is near a paved trail and bus stop which may
mitigate some of the potential for increased traffic. Any street improvements
in the area would be determined at the time of development review.
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: A rezoning from R-O, C-2, and RSF-4 to UT has some potential to increase
population density due to the addition of denser residential uses up to multi-
family dwellings with no density limitation. The property currently has
access to public streets, water, and sewers, and any necessary
improvements would be determined at the time of development.
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 recommend forwarding RZN-2024-0021 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 28, 2024 O Tabled
Motion:
Second:
ote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
O Forwarded O Denied
• Unified Development Code
o §161.20 — District R-O, Residential Office
o §161.23 — District C-2, Thoroughfare Commercial
o §161.24 — Urban Thoroughfare
• Request Letter
• Exhibit: BTZ & Minimum Buildable Street Frontage
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
161.20 District R-O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses. 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 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 25
Offices, studios, and related services
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
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 4
Cultural and recreational facilities
Unit 11
Manufactured home park*
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home
park
50 feet
Single-family
60 feet
Two (2) family
60 feet
Three 3 or more
90 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home
park
4,200 square feet
Townhouses:
Development
10,000 square feet
Individual lot
2,500 square feet
Single-family
6,000 square feet
Two (2) family
6,500 square feet
Three (3) or more
8,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home
3,000 square feet
Townhouses & apartments:
No bedroom
1,000 square feet
One bedroom
1,000 square feet
Two 2 or more bedrooms
1,200 square feet
Fraternity or Sorority
500 square feet per resident
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Front, in the Hillside Overlay District
15 feet
Side
10 feet
Side, when contiguous to a residential district
15 feet
Side, in the Hillside Overlay District
8 feet
Rear, without easement or alley
25 feet
Rear, from center line of public alley
10 feet
Rear, in the Hillside Overlay District
15 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line
Side
5 feet
Side -zero lot line"
A setback of less than 5 feet
(zero lot line) is permitted on one
(1) interior side, provided a
maintenance agreement is
filed."*
The remaining side setback(s)
shall be 10 feet
Rear
None
Rear when contiguous to a single
family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) 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.
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
1 Small scale production
Unit 46
1 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
between the right-of-way and the
building
50 feet
Side
None
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 to
15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 1 6 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.
161.24 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile -oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to
provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 40
Sidewalk cafes
Unit 41
Accessory Dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family dwelling
18 feet
All other dwellings
None
Non-residential
None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories/7 stories*
* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum
height of seven (7) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Minimum buildable street frontage. 50% of the lot width.
HALL
LSTILL
ATTORNEYS AT LAW
April 30, 2024
VIA PORTAL DELIVERY
City of Fayetteville Planning Commission and Planning Department
125 West Mountain St.
Fayetteville, AR 72701
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
RE: RZN '24-21 AMENDED Petition for Rezoning of Parcels No. 765-14796-001,
3399 & 3425 W. Old Farmington Rd. & 765-14797-000, 3390 W. Martin Luther
King, Jr. Blvd. From R-O and C-2 to UT (both)
To whom it may concern:
Please consider this letter as an Amended Petition to request the rezoning of the above
referenced parcels from their current designation of R-O and C-2 to UT. The UT district is
designated to provide areas for commercial enterprise surrounding communities and encourages
concentration of commercial and mixed -used development along major thoroughfares which
would include automobile -oriented development with a wide range of commercial uses permitted.
Further, UT is compatible with the surrounding properties. Further, UT would fit into the
future land use of this area. Lastly, this rezoning will not unreasonably affect in any adverse way
the surrounding land uses.
RKR:yn
20293625.1:013715.00001
Sincerely,
/s/ Robert K. Rhoads
Robert K. Rhoads
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
Tulsa, OK • Oklahoma City, OK • Northwest Arkansas • Denver, CO
www.hallestill.com
RZN-2024-0021 3390 W. MARTIN LUTHER
One Mile View KING JR BLVD NORTH
0 0.13 0.25 0.5 Miles \
r
RSF-1 \
i 1
P-1 _ — —
1
R-O
NC
Subject Property 6
7�
r �
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CS
RPZD
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Unclassified
Alley
Residential Link
Planned Neighborhood Link
ISE Planned Residential Link
m Shared Use Paved Trail
— Trail (Proposed)
Design Overlay District
1 1 Fayetteville City Limits
l Planning Area
R-A
'l
Planning Area _ I_
----------
Fayetteville City Limits _---
RSF-4
zoning
11 I-2 Ganarel Industrial
RESIDENT IALSINGLE-FAMILY
EXTRACTION
NSG
ii E-1
RI-U
COMMERCIAL
ii RI-1z
Residanlial-CFca
ii NS-L
C-1
ii RBsidanYBI-Agrl--
C-2
RSF-.5
C-3
RSF-1
FORM BASED DISTRICTS
RSF-2
Downtown Core
RSF<
Urhan T.— hhre
as
Mal. snast Center
RSFA
Downlmm Genaml
RSF-1a
Community Sami.a
RESIDENTIALMULTI-FAMILY
Neighborhood—..s
RMF.
ii Nvghborhaad --on
ii RM112
PLANNED ZONING DISTRICTS
RMF-1a
1♦ Commercial. I-,nnal. Residential
ii RMF-sa
INSTITUTIONAL
ii RMF-Cg
_ R 1
INDUSTRIAL
I-1 Heavy Cammarcla1 aM Light Induatdal
RZN-2024-0021 3390 W. MARTIN LUTHER
Close Up View KING J R B LV D
N-1
Old Farm ingt
Trail on . C-? r Pp J .1k
C-1
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Neighborhood Link
® Hillside -Hilltop Overlay District
— — Trail (Proposed)
Planning Area
Fayetteville City Limits
0 75 150
4
Subject Property
JR 6Lv�
Feet
300
1.2,400
450
NUJ
Zone Current Proposed
C-2 0.5 1.5
R-0 0.8 0.0
RSF-4 0.1 0.0
Total 1.5 ac
RZN-2024-0021 3390 W. MARTIN LUTHER KING
Current Land Use J R B LV D N O RT H
n"PIT,4, r .
DN RD
,, yw FPRM
,DLO-
Centennial Park
IL A
fox r
:.= Subject Property
R " ' Commercial
Single -Family Residential,
"ACommercial, and Undeveloped
-
�••' < ;I Si
ri
T
- Undeveloped i, n n n r n
Neighborhood Link FEMA Flood Hazard Data
Regional Link - High Activity
Unclassified iN1 100-Year Floodplain
Residential Link Feet
Floodway
■ ■ Planned Neighborhood Link
- - - Trail (Proposed) 0 112.5 225 450 675 900
Planning Area
1:3 600
_ Fayetteville City Limits
RZN-2024-0021
Future Land Use
City
Neighborhood
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
- Unclassified
- Alley
- Residential Link
Planned Neighborhood Link
Planned Residential Link
1 1 Planning Area
1 _i Fayetteville City Limits
Trail(Proposed)
Design Overlay District
3390 W. MARTIN LUTHER
KING JR BLVD
Residential
Neighborhood
Civic and
Private
Open Space
I NORTH
e
r�
i 1 _
,
'I
,
Subject Property -
. jl
�S�N.LV�N�OR Urban Center
Natural
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Feet Natural
Non -Municipal Government
0 305 610 1,220 1,830 2,440 Residential Neighborhood
1:10,000 Rural Residential
Urban Center
•
Form v1 52
NV\°..
NV\'4\
media
Account#: NWCL5004205 RECEIVED
Company: CITY OF FAYETTEVILLE-CLERKS OFFI JUN 2 5 2024
113 W MOUNTAIN
FAYETTEVILLE,AR 72701 CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ad number#: 414290
PO#:
Matter of: ORD 6762
AFFIDAVIT•STATE OF ARKANSAS
1, 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 6762
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$106.40.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 06✓23/24;NWA nwaonline.com 06✓23/24
Legal Cl \\\,o ;CY M egsti
�,-22.2 ti• -'�
state ofARKANSAS,County of Sebastian
•
_ N=Tg9�� 9
Subscribed and sworn to before me on this 24th day of June, =v:� .o
ic
V74,
''�0�NTY-P`.\\"
+unnn�
N TRY PUBLIC
Ordinance:6762
File Number 2024-162
REZONING-2024-0021:(3390
W. MARTIN LUTHER KING JR
BLVD/CATHCART RENTALS LLC,
557):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
2E FOR APPROXIMATELY 1.54
ACRES LOCATED AT 3390 WEST
MARTIN LUTHER KING JR.
BOULEVARD IN WARD 1 FROM
R-0,RESIDENTIAL-OFFICE,C-2,
THOROUGHFARE COMMERCIAL,
AND RSF-4,RESIDENTIAL SIN-
GLE-FAMILY, FOUR UNITS PER
ACRE TO UT, URBAN THOR-
OUGHFARE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville.
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)end the legal description(EX-
hibit B) both attached to the
Planning Department's Agenda
Memo from R-0,Residential-Of-
lice, C-2,Thoroughfare Com-
mercial,and RSF-4,Residential
Single-Family, Four Units Per
Acre to UT,Urban Thoroughfare.
Section 2:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby amends the
official zoning map of the City of
Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
June 18,2024
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:$106.40
June 23,2024 414290