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HomeMy WebLinkAboutOrdinance 6762 KDoc ind ID:RDINg78890003 Type: R L 1111111111111111111111111111111111111111111N1111111111 -�F re, Recored: NCE = Fee Amt: 07/22/2024 at 02:07:27 PM -.- Nashingto$25.00Pape 1 of 3 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• S���!. • A/;24%,26i? • ~' FV141 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 � �%A 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