HomeMy WebLinkAboutOrdinance 6775 1111illininnlin11111111111
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Doc ID: 021699800003 Type: REL
Kind: ORDINANCE
o� v.YE,,. Recorded: 08/06/2024 at 10:33:56 AM
`� , Fee Amt: $25.00 Page 1 of 3
1"3" „ M Washington County, AR
rj Kyle Sylvester Circuit Clerk
ma. �?! File2024_00019895
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6775
File Number: 2024-294
REZONING-2024-0027: (1440 S.CURTIS AVE./BURT HANNA LLC,565):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-27 FOR
APPROXIMATELY 6.43 ACRES LOCATED AT 1440 SOUTH CURTIS AVENUE IN WARD 1 FROM C-1,
NEIGHBORHOOD COMMERCIAL 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 C-1,Neighborhood Commercial 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 16,2024
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Approv : Attest: `�.��� T REq i
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ioneld Jordan, Ma Kara Paxton,City Clerk Treasurer �
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas. Amount Paid: $
Page 1
I-1
I-2
C-2
RMF-24
C-1
RSF-4
CS
Proposed UT
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H A P PY HOLLOWRD
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Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0027 1440 S. CURTIS AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
C-2
RMF-24
UT
0.0
0.0
0.0
6.3
Total 6.3 ac1:2,400
Current
6.1
0.0
0.0
0.0
RZN-2024-0027
EXHIBIT 'A'
Lot One (1) of the final replat of Fayetteville Industrial Park to the City of Fayetteville,
Arkansas, as per plat recorded in Subdivision Plat Book 14-26 of the records of the Circuit
Clerk, Washington County, Arkansas, containing 6.43 acres, more or less and subject to
the rights of way and easements of record.
RZN-2024-0027
EXHIBIT 'B'
Washington County,AR
I certify this instrument was filed on
08/06/2024 10:33:56 AM
and recorded in Real Estate
File Number 2024-00019895
Kyle Sylvester- Circuit Clerk
by ,.__.R:__...._._:.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-294
MEETING OF JULY 16, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
SUBJECT: RZN-2024-0027: Rezoning (1440 S. CURTIS AVE./BURT HANNA LLC, 565): Submitted
by MOSES TUCKER PARTNERS for property located at 1440 S. CURTIS AVE. in
WARD 1. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains
approximately 6.43 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 located at the northeast corner of 15th Street and Curtis Avenue. The property contains
one parcel totaling approximately 6.43 acres which is undeveloped and zoned C-1, Neighborhood Commercial.
Request: The request is to rezone the subject property from C-1, Neighborhood Commercial, to UT, Urban
Thoroughfare.
Public Comment: Staff has not received any public comment regarding this request.
Land Use Compatibility: Staff finds the requested rezoning to be compatible with surrounding land uses. The
property is located along a portion of 15th Street which is maintained by the Arkansas Department of
Transportation and classified as a Regional High-Activity Link Street in the City’s 2040 Master Street Plan. The
property is surrounded by the industrial park to the south and east, residential and commercial uses to the
north, and a gas station to the west. Its current zoning, C-1, Neighborhood Commercial, is designed to provide
convenience goods and services for persons living in surrounding residential areas. While it provides an urban
form setback option, development in C-1 zoning typically follows a more traditional auto-oriented setback
requirement with parking in front of structures. A rezoning to UT, Urban Thoroughfare, would require urban
form setbacks and encourage commercial and mixed use development. Urban Thoroughfare would allow
residential uses and a wider variety of nonresidential uses, including cultural and recreational facilities,
transportation trades and services, hotels, and liquor stores, by right. A rezoning from C-1 to UT would also
increase the maximum building height on the property from five stories to seven stories.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent with the City’s adopted land use
plans. City Plan 2040’s Future Land Use Map designates the property as City Neighborhood Area. Those
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
areas are intended to support the widest spectrum of nonresidential and residential uses, and staff finds that a
rezoning to UT would support that designation. A rezoning from C-1 to UT could also support Goals 1 and 2 of
City Plan 2040, encouraging infill and discouraging sprawl, by allowing for dense mixed-use development
along a major thoroughfare in an area that has access to existing city services.
City Plan 2040 Infill Matrix: City Plan 2040’s Infill Matrix indicates a score range of 4-6 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 3, located at 1050 S. Happy Hollow Rd.)
• Near Sewer Main (12-inch main, Curtis Avenue)
• Near Water Main (12-inch main, 15th Street)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the June 24, 2024 Planning Commission meeting, a vote of 8-0-0 forwarded this request to City Council with
a recommendation of approval. Commissioner McGetrick made the motion and Commissioner Cabe seconded
it. Commissioners offered little comment on the item and found the applicant's request to be supportable. No
public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-294
RZN-2024-0027: Rezoning (1440 S. CURTIS AVE./BURT HANNA LLC, 565): Submitted by
MOSES TUCKER PARTNERS for property located at 1440 S. CURTIS AVE. in WARD 1. The
property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 6.43
acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-27 FOR APPROXIMATELY 6.43 ACRES LOCATED AT 1440 SOUTH CURTIS AVENUE IN
WARD 1 FROM C-1, NEIGHBORHOOD COMMERCIAL 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 C-1, Neighborhood Commercial 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.
6/28/2024
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 -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-294
Item ID
7/16/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0027: Rezoning (1440 S. CURTIS AVE./BURT HANNA LLC, 565): Submitted by MOSES TUCKER PARTNERS
for property located at 1440 S. CURTIS AVE. in WARD 1. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL
and contains approximately 6.43 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: June 24, 2024
SUBJECT: RZN-2024-0027: Rezoning (1440 S. CURTIS AVE./BURT HANNA LLC,
565): Submitted by MOSES TUCKER PARTNERS for property located at
1440 S. CURTIS AVE. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 6.43 acres. The request is to
rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0027 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0027 to the City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located at the northeast corner of 15th Street and Curtis Avenue. The
property contains one parcel totaling approximately 6.43 acres which is undeveloped and zoned
C-1, Neighborhood Commercial. Surrounding land uses and zoning are depicted below in Table
1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Single-Family Residential C-2, Thoroughfare Commercial
RMF-24, Residential Multi-Family, 24 Units per Acre
South Industrial I-2, General Industrial
East Industrial C-2, Thoroughfare Commercial
I-2, General Industrial
West Gas Station CS, Community Services
Request: The request is to rezone the subject property from C-1, Neighborhood Commercial, to
UT, Urban Thoroughfare.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Curtis Avenue and 15th Street. Curtis
Avenue is a partially improved Residential Link Street with asphalt paving, curb
and gutter, and sidewalk along the west side of the street. 15th Street is a fully
(updated with results)
improved Regional High-Activity Link Street with asphalt paving, curb and gutter,
and sidewalks. Any street improvements required in this area would be determined
at the time of development proposal.
Water: Public water is available to the subject property. An existing 12-inch water main is
present at the southeast corner of Curtis Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing 12-inch sewer main
is present on the east side of 15th Street.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams are present. Hydric soils
are present though which are known indicators of wetlands. However, for an area
to be classified as wetlands, it may also need other characteristics such as
hydrophytes (plants that grow in water), and shallow water during parts of the year.
Hydric soils can be found across many areas of Fayetteville, including valleys,
floodplains, and open prairies. It’s important to identify these natural resources
during development, so when these soils are identified on a property, further
environmental studies will be required at the time of development. Before permits
are issued for the property, a statement/report from an environmental professional
must be provided summarizing the existence of wetlands on the property. If this
statement/report indicates that wetlands may be present on site, a USACE
Determination of Jurisdictional Wetlands will be required at the time of
development submittal. Any improvements or requirements for drainage will be
determined at the time of development submittal.
Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.4 miles from the fire station with an anticipated drive time
of approximately one minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for an engine and eight 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 proposed zoning district, UT, Urban Thoroughfare, requires 15% minimum
canopy preservation. The current zoning district, C-1, Neighborhood
Commercial, 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 Area.
City Neighborhood Areas 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 4-6 for
this site with a weighted score of 7 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station 3, located at 1050 S. Happy Hollow Rd.)
• Near Sewer Main (12-inch main, Curtis Avenue)
• Near Water Main (12-inch main, 15th Street)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
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 requested rezoning to be compatible
with surrounding land uses. The property is located along a portion of 15th
Street which is maintained by the Arkansas Department of Transportation
and classified as a Regional High-Activity Link Street in the City’s 2040
Master Street Plan. The property is surrounded by the industrial park to the
south and east, residential and commercial uses to the north, and a gas
station to the west. Its current zoning, C-1, Neighborhood Commercial, is
designed to provide convenience goods and services for persons living in
surrounding residential areas. While it provides an urban form setback
option, development in C-1 zoning typically follows a more traditional auto-
oriented setback requirement with parking in front of structures. A rezoning
to UT, Urban Thoroughfare, would require urban form setbacks and
encourage commercial and mixed use development. Urban Thoroughfare
would allow residential uses and a wider variety of nonresidential uses,
including cultural and recreational facilities, transportation trades and
services, hotels, and liquor stores, by right. A rezoning from C-1 to UT would
also increase the maximum building height on the property from five stories
to seven stories.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent
with the City’s adopted land use plans. City Plan 2040’s Future Land Use Map
designates the property as City Neighborhood Area. Those areas are
intended to support the widest spectrum of nonresidential and residential
uses, and staff finds that a rezoning to UT would support that designation. A
rezoning from C-1 to UT could also support Goals 1 and 2 of City Plan 2040,
encouraging infill and discouraging sprawl, by allowing for dense mixed-use
development along a major thoroughfare in an area that has access to
existing city services.
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 for rezoning the property from
C-1 to UT since the proposed rezoning would be consistent with the
property’s future land use designation as City Neighborhood Area and
support several goals of City Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from C-1 to UT has the potential to increase vehicular traffic in
the area when considering that UT would allow for more dense residential
development. However, staff finds that the property’s proximity to
nonresidential uses and bus routes may help reduce the number of vehicle
trips generated by future development and limit impacts on vehicular traffic
congestion and danger.
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: Rezoning the property from C-1 to UT has the potential to alter the population
density since UT would allow for increased residential development. Given
the property’s proximity to public streets, water, and sewer, staff finds that
the proposed rezoning is not likely to undesirably increase the load on public
services. Any necessary upgrades or improvements to existing
infrastructure would be determined at the time of development. Fayetteville
Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2024-0027 to the City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: June 24, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.21 District C-1, Neighborhood Commercial
o §161.24 Urban Thoroughfare
• Request Letter
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
x
with a recommendation
of approvalMcGetrick
Cabe
8-0-0
161.21 District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. 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 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 25 Offices, studios, and related services
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
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 16 Shopping goods
Unit 34 Liquor stores
Unit 35 Outdoor music establishments*
Unit 36 Wireless communications facilities*
Unit 42 Clean technologies
(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
10 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
a single-family residential district
15 feet
(F) Building Height Regulations.
Building Height Maximum 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 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 40% 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.
(Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10;
Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-
15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015,
§1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord.
No. 6521, §4, 1-18-22)
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.
(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.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16;
Ord. No. 5945, §§5, 7, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21)
May 9, 2024
City of Fayetteville
Planning and Zoning Department
113 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Application for 1440 S Curtis Ave. Fayetteville, AR 72701
To whom it may concern,
I am writing this letter as part of the rezoning application for 1440 S Curtis Avenue in
Fayetteville, Arkansas 72701. The property is currently zoned C-2 and I am requesting the
city change the zoning classiflcation to Urban Throughfare (UT). The proposed zoning is
compatible with existing land uses, particularly to the northeast, west and south of the
property. The adjacent zonings in those directions allow for commercial, mixed-use and
industrial uses. This property would make for a great site to provide goods and services for
the existing and future people living in that area, who don’t seem to currently have many
options. The Future Land Use map shows this property as “City Neighborhood” with the
other adjacent properties shown as Industrial and Civic Institutional. I feel that changing
the zoning classiflcation will conform to the surrounding zoning and use plans and should
not adversely affect or confiict with surrounding properties.
I appreciate your assistance.
Sincerely,
Payne Phillips
I-1
RMF-24
C-2
R-O
CS
R-A
I-2
C-1
P-1
NC
RSF-4
RI-U
RSF-8
HUNTSVILLE RD
A
R
MSTRONG
AVE
PUMP STATION RD
HAPPY
HOLLOW
RD
1 5 T H S T
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Neighborhood Link
Trail (Proposed)
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2024-0027 1440 S. CURTIS AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
I-1
I-2
C-2
RMF-24
C-1
RSF-4
CS
Proposed UT
C
U
R
T
I
S
A
V
E
INDUST R I A L
PL
H
A
P
P
Y
H
O
L
L
O
W
RD
13TH
ST
SANDY DR
PO
T
P
O
U
R
R
I
D
R
SH
E
R
M
A
N
A
V
E
NE
L
S
O
N
D
R
EMILY
DR
A
R
M
S
T
R
O
N
G
A
V
E
H A P PY HOLLOWRD
1 5 T H S T
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0027 1440 S. CURTIS AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
C-1
C-2
RMF-24
UT
0.0
0.0
0.0
6.3
Total 6.3 ac1:2,400
Current
6.1
0.0
0.0
0.0
C
U
R
T
I
S
A
V
E
A
R
M
S
T
R
O
N
G
A
V
E
15TH S T
H A PPYHOLLOW
RD
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2024-0027 1440 S. CURTIS AVE N
0 225 450 675 900112.5
Feet
Subject Property
Commercial
Commercial
Single-Family Residential
Single-Family Residential
1:3,600
City
Neighborhood
Civic and
Private
Open Space
Civic
InstitutionalIndustrial Natural
Residential
Neighborhood
HUNTSVILLE RD
A
R
M
S
T
R
O
N
G
A
V
E
HAPPY
HOLLOW
RD
15TH ST
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
Planned Neighborhood Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0027 1440 S. CURTIS AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Form v1 52
NV\ 44ck
media
Account#: NWCL5004205
Company: CITY OF FAYE I 1 bVILLE-CLERKS OFFI
113 W MOUNTAIN
FAYE 1T bVILLE,AR 72701
Ad number#: 421537
PO#:
Matter of: ORD 6775
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 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 6775
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$89.68.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 07/21/24;NWA nwaonline.com 07/21/24
Legal Clerk \..\\`��"������
Y BRA
Sebastian o.' N ( '• 2 '
State ofARKANSAS,County of r p��12?CIF+q.
Subscribed and sworn to before me on this 22nd day of July,2024 _ � ..0 TA R y .
MPU B LiC16,9•
�2
\\\
NO ARY PUBLIC '�ruunui`r`
Ordinance:6775
File Number:2024-294
REZONING-2024-0027:(1440
S. CURTIS AVE./BURT HANNA
LLC,565):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
27 FOR APPROXIMATELY 6.43
ACRES LOCATED AT 1440
SOUTH CURTIS AVENUE IN
WARD 1 FROM C-1,NEIGHBOR-
HOOD COMMERCIAL TO UT,
URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from C-1,Neighborhood
Commercial to UT,Urban Thor-
oughfare.
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
July 16,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kam Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$89.68
July 21,2024 421537