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Home My WebLink AboutOrdinance 6771 IIIIIIH II IHhI IIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIII FAvEr Doc ID: 021678960003 Type: REL (:) !e Kind: ORDINANCE Recorded: 07/22/2024 at 02:10:01 PM �. ,' Fee Amt: $25.00 Page 1 of 3 Washington County, AR u . -` Kyle Sylvester Circuit Clerk 4AK4NS0 File2024-00018344 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6771 File Number: 2024-212 REZONING-2024-0025: (4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH,595): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-25 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 4260 WEST MARTIN LUTHER KING JR. BOULEVARD IN WARD 1 FROM R-A, RESIDENTIAL-AGRICULTURAL AND UT, URBAN THOROUGHFARE 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-A, Residential-Agricultural and UT, Urban Thoroughfare 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 July 2,2024 Approv : Attest: ``��ti1ti1 III r1 • A / Cionel, Jordan, M. •orr Kara Paxton,City Cle Treasurer = 11 , 9 • c, i ' ,'4 A li 1{►,&\104 This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 95, Page 1 RSF-4 CS RMF-24 RPZD R-A UT NC Proposed UT S M O K E H O U S E T R L H O O T O W L L NOZAR K T R L SERVICEB E R R Y D R M A R T I N L U T H E R K I N G J R B L V D R U P P L E R D Regional Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0025 4260 W. MARTIN LUTHER KING JR BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A UT 0.0 1.4 Total 1.4 ac1:2,400 Current 0.7 0.7 Rezoning Description Part of the West Half of the Northwest Quarter of the Southeast Quarter of Section 24, Township 16 North, Range 31 West, Washington County, Arkansas, being more particularly described as follows: Beginning at a point which is S02⁰11’23”W 350.00’ and N82⁰17’21”E 203.51’ from the Northwest corner of said Twenty acre tract; thence N82⁰17’21”E 139.19’; thence S02⁰10’32”W 214.85’; thence S79⁰39’45”W 36.70’; thence S55⁰09’44”W 1.58’; thence S79⁰37’56”W 1.71’; thence S81⁰57’35”W 49.67’; thence S78⁰20’51”W 50.96’; thence N02⁰10’32”E 221.21’ to the Point of Beginning. Washington County,AR I certify this instrument was filed on 07/22/2024 02:10:01 PM and recorded in Real Estate File Number 2024-00018344 Kyle Sylvester- Circuit Clerk by _.. ... Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-212 MEETING OF JULY 2, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Cole, Planner SUBJECT: RZN-2024-0025: Rezoning (4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH, 595): Submitted by JARED BRUEMMER for property located at 4260 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is split-zoned R-A, RESIDENTIAL – AGRICULTURAL and UT, URBAN THOROUGHFARE and contains approximately 1.44 acres. The request is to rezone a portion of 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 0.10 miles west of the intersection of S. Rupple Rd. and W. Martin Luther King Jr. Blvd. The property contains approximately 1.44 acres and is developed with a 3,066-square-foot commercial carwash constructed in 2020, according to Washington County Assessor records. The property is split-zoned, which is a designation it received in 2018 when the southern portion of the property was rezoned from R-A, Residential-Agricultural to UT, Urban Thoroughfare. At the time of that rezone, the northern portion of the property was within the 100-year floodplain of North Fork Farmington Creek and remained zoned R-A. The FEMA floodplain has since adjusted and only approximately 46-square-feet of the northwest corner of the subject property is still within the floodplain (FIRM 05143C0215G effective 1/25/2024). Request: The request is to rezone a portion of the subject property from R-A, Residential-Agricultural to UT, Urban Thoroughfare. Public Comment: To date, staff has received no public comment on this item. Land Use Compatibility: Staff finds the proposed rezoning from R-A, Residential-Agricultural 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, west, and south, all similarly zoned UT, Urban Thoroughfare. To the north is a single-family dwelling that is split-zoned NC, Neighborhood Conservation and UT, Urban Thoroughfare. A rezoning of a portion of the subject property to UT would allow for a wider variety of commercial and residential uses than those permitted under the property’s current zoning designation. The portion of the property currently zoned R-A has significantly larger bulk and area requirements than the proposed zone of UT. A rezoning to UT would have no bulk and area requirements, which is consistent with Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov the UT zoning for the remainder of the property. There is no maximum height limit in the R-A district 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. R-A provides for standard setbacks, but UT would require future development in Urban Form. Further, the property’s location along a Regional Link – High Activity Street and surrounded by other UT-zoned properties strengthens the compatibility of this request. Staff finds the requested rezoning to be compatible with surrounding land uses, both existing and potential, with UT providing 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 just 0.10-miles from a Tier Two Center, at the intersection of W. Martin Luther King Jr. Blvd. and S. Rupple Rd. Staff finds that a rezoning to UT would support those designations as both City Neighborhoods and a Tier Two Center intend 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). CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 5-7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood Ave.) • Near Sewer Main (12-inch sewer main, north side of W. Martin Luther King Jr. Blvd.; 6-inch water main, south side of W. Martin Luther King Jr. Blvd) • Near Water Main (8-inch water main, north side of W. Martin Luther King Jr. Blvd.; 12-inch water main, south side of W. Martin Luther King Jr. Blvd.) • Near Public School (John L. Colbert Middle School) • Near City Park (Holland Park and Kessler Mountain Regional Park) • Near Paved Trail (Side-Path Trail; S. Smokehouse Trail) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the June 10, 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) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-212 RZN-2024-0025: Rezoning (4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH, 595): Submitted by JARED BRUEMMER for property located at 4260 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is split-zoned R-A, RESIDENTIAL – AGRICULTURAL and UT, URBAN THOROUGHFARE and contains approximately 1.44 acres. The request is to rezone a portion of the property to UT, URBAN THOROUGHFARE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-25 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 4260 WEST MARTIN LUTHER KING JR. BOULEVARD IN WARD 1 FROM R-A, RESIDENTIAL-AGRICULTURAL AND UT, URBAN THOROUGHFARE 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-A, Residential-Agricultural and UT, Urban Thoroughfare 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. 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 2024-212 Item ID 7/2/2024 City Council Meeting Date - Agenda Item Only RZN-2024-0025: Rezoning (4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH, 595): Submitted by JARED BRUEMMER for property located at 4260 W. MARTIN LUTHER KING JR BLVD in WARD 1. The property is split-zoned R-A, RESIDENTIAL – AGRICULTURAL and UT, URBAN THOROUGHFARE and contains approximately 1.44 acres. The request is to rezone a portion of the property to UT, URBAN THOROUGHFARE. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department 6/14/2024 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: Kylee Cole, Planner MEETING DATE: June 10, 2024 SUBJECT: RZN-2024-0025: Rezoning (4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH, 595): Submitted by JARED BRUEMMER for property located at 4260 W. MARTIN LUTHER KING JR BLVD. The property is split-zoned R-A, RESIDENTIAL – AGRICULTURAL and UT, URBAN THOROUGHFARE and contains approximately 1.44 acres. The request is to rezone a portion of the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommend forwarding RZN-2024-0025 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2024-0025 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in southwest Fayetteville approximately 0.10 miles west of the intersection of S. Rupple Rd. and W. Martin Luther King Jr. Blvd. The property contains approximately 1.44 acres and is developed with a 3,066-square-foot commercial carwash constructed in 2020, according to Washington County Assessor records. The property is split-zoned R-A, Residential- Agriculture and UT, Urban Thoroughfare which it received in 2018 when the southern portion of the property was rezoned from R-A, Residential-Agricultural to UT, Urban Thoroughfare. At the time of that rezone, the northern portion of the property was within the 100-year floodplain of North Fork Farmington Creek and remained zoned R-A. The FEMA floodplain has since adjusted and only approximately 46-square-feet of the northwest corner of the subject property is still within the floodplain (FIRM 05143C0215G effective 1/25/2024). Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential UT, Urban Thoroughfare; NC, Neighborhood Conservation South Undeveloped UT, Urban Thoroughfare; RMF-24, Residential Multi- Family, 24 Units per Acre East Commercial UT, Urban Thoroughfare West Commercial UT, Urban Thoroughfare; R-A, Residential-Agricultural Request: The request is to rezone a portion of the subject property from R-A, Residential- Agricultural to UT, Urban Thoroughfare. Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 1 of 13 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. W. Martin Luther King Jr. Blvd. is a fully improved Regional Link – High Activity Street with asphalt paving, curb and gutter, and sidewalks. 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. Existing 8-inch water main is present on the north side of W. Martin Luther King Jr. Blvd. Existing 12-inch water main is present on the south side of W. Martin Luther King Jr. Blvd. Sewer: Sanitary Sewer is available to the subject area. Existing 12-inch sewer main is present on the north side of W. Martin Luther King Jr. Blvd. Existing 6-inch water main is present on the south side of W. Martin Luther King Jr. Blvd. 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. No protected stream is present on the subject property. 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 2 miles from the fire station with an anticipated drive time of approximately 5 minutes using existing streets. The anticipated response time would be approximately 7.2 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. Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 2 of 13 Tree Preservation: The current zoning district of R-A, Residential-Agricultural require 25% minimum canopy preservation. The proposed zoning district of UT, Urban Thoroughfare requires 20% 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 5-7 for this site with a weighted score of 7.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood Ave.) • Near Sewer Main (12-inch sewer main, north side of W. Martin Luther King Jr. Blvd.; 6- inch water main, south side of W. Martin Luther King Jr. Blvd) • Near Water Main (8-inch water main, north side of W. Martin Luther King Jr. Blvd.; 12-inch water main, south side of W. Martin Luther King Jr. Blvd.) • Near Public School (John L. Colbert Middle School) • Near City Park (Holland Park and Kessler Mountain Regional Park) • Near Paved Trail (Side-Path Trail; S. Smokehouse Trail ) • Appropriate Future Land Use (City Neighborhood) 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: Staff finds the proposed rezoning from R-A, Residential-Agricultural 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, west, and south, all similarly zoned UT, Urban Thoroughfare. To the north is a single-family dwelling that is split-zoned NC, Neighborhood Conservation and UT, Urban Thoroughfare. A rezoning of a portion of the subject property to UT would allow for a wider variety of commercial and residential uses than those permitted under the property’s current zoning designation. The portion of the property currently zoned R-A has significantly larger bulk and area requirements than the proposed zone of UT. A rezoning to UT would have no bulk and area requirements, which is consistent with the UT zoning for the remainder of the property. There is no maximum height limit in the R-A district 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 Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 3 of 13 but permits up to seven-story development. R-A provides for standard setbacks, but UT would require future development in Urban Form. Further, the property’s location along a Regional Link – High Activity Street and surrounded by other UT-zoned properties strengthens the compatibility of this request. 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 just 0.10-miles from a two Tier Two Center, at the intersection of W. Martin Luther King Jr. Blvd. and S. Rupple Rd. Staff finds that a rezoning to UT would support those designations as both City Neighborhoods and a Tier Two Center which 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- A 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. The northern portion of the property subject to this rezoning request is no longer within a FEMA floodplain and may now be appropriate for development. Further, the proposed rezoning is consistent with the property’s future land use designation. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from R-A to UT has some potential to increase traffic danger and congestion due to the addition of denser residential and intense commercial uses. The property has frontage along W. Martin Luther King Jr. Blvd. and is near a paved trail and sidewalks 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-A 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 Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 4 of 13 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-2024-0025 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: June 10, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.03 – District R-A, Residential-Agricultural o §161.24 – Urban Thoroughfare • Request Letter • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 5 of 13 161.03 District R-A, Residential-Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half (½) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent reside ntial district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 6 of 13 161.24 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 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 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. Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 7 of 13 (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 a single-family residential district: 15 feet (F) Building Height Regulations. Building Height Maximum 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. Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 8 of 13 Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 9 of 13 RSF-4 C-1 RMF-24 C-2 RPZD RSF-8 RSF-1 R-A UT CS NC P-1 R U P P L E R D M A I N S T D I N S M O R E TR L RUPPLE RD M A R T I N L U T H E R K I N G J R B L V D R U PPLE RD Regional Link Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential Link Shared-Use Paved Trail 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-2024-0025 4260 W. MARTIN LUTHER KING JR BLVD N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Property Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 10 of 13 RSF-4 CS RMF-24 RPZD R-A UT NC Proposed UT S M O K E H O U S E T R L H O O T O W L L NOZAR K T R L SERVICEB E R R Y D R M A R T I N L U T H E R K I N G J R B L V D R U P P L E R D Regional Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0025 4260 W. MARTIN LUTHER KING JR BLVD N 0 150 300 450 60075 Feet Subject Property Zone Proposed R-A UT 0.0 1.4 Total 1.4 ac1:2,400 Current 0.7 0.7 Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 11 of 13 MAIN ST MARTIN L U T H E R KING JR B L V D R U P P L E R D Regional Link Regional Link - High Activity Unclassified Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2024-0025 4260 W. MARTIN LUTHER KING JR BLVD N 0 225 450 675 900112.5 Feet Subject Property Undeveloped Commercial 1:3,600 Undeveloped Undeveloped Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 12 of 13 City Neighborhood Civic and Private Open SpaceNatural Residential Neighborhood Rural Residential R U P P L E R D M A I N S T RUPPLE RD M A R T I N L U T H E R K I N G J R B L V D RUPPLE R D Regional Link Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link Planned Neighborhood Link Planned Residential 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-2024-0025 4260 W. MARTIN LUTHER KING JR BLVD N 0 610 1,220 1,830 2,440305 Feet Subject Property 1:10,000 Planning Commission June 10, 2024 RZN-2024-0025 (CLUB CAR WASH) Page 13 of 13 Form vl 52 NV\'4\ Media RECEIVED Account#: NWCL5004205 'JUL 0 9 2024 Company: CITY OF FAYE 1-IEVILLE-CLERKS OFFI 113 W MOUNTAIN ITCTMO FAYETT LER S TEfICEE FAYETTEVILLE,AR 72701 Ad number#: 418170 PO #: Matter of: ORD 6771 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 WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6771 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$95.76. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 07/07/24;NWA nwaonline.com 07/07/24 77 ,o,Itiii,i!!,/. \ •.' .iSSrr;'•• S'<c % Legal Clerk , ;'o'.•22-2o0Ff. ' Sebastian =N z NOTARY m': State of ARKANSAS.County of =m. o.•.• v1:cn Subscribed and sworn to before me on this 8th day Y of Jul , _ y'a' '.='• PUB L\C ;C . N Y PUBLIC Ordinance:6771 File Number: 2024-212 REZONING-2024-0025:(4260 W. MARTIN LUTHER KING JR BLVD/CLUB CARWASH,595). AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 25 FOR APPROXIMATELY 1.44 ACRES LOCATED AT 4260 WEST MARTIN LUTHER KING JR. BOULEVARD IN WARD 1 FROM R-A, RESIDENTIAL-AGRICUL- TURAL AND UT,URBAN THOR- OUGHFARE TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEWILE,ARKANSAS: Section 1:That the City Coun- cil of the CRy of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal dascnption(Ex- hibit B)both attached to the Planning Department's Agenda Memo from R-A, Residential- Agricultural and UT,Urban Thor- oughfare to UT, Urban Thoroughfare. Section 2:That the Cdy Coun- cil of the CRy 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 July 2,2024 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 Pald:$95.76 July 7,2024 418170