HomeMy WebLinkAboutOrdinance 6818 1IIIIIIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIILIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
Doc ID: 021896070003 Type: REL
ti uF fAYFJTtA'( Kind: ORDINANCE
tcor : F4Iteed12/18/2 11:33:47 AMeeAt: $25.00 Pof 3ashigtonCountyAR
Kyle Sylvester Circuit Clerk
File2024-00033048
4gKANs.4
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6818
File Number: 2024-705
REZONING-2024-0051: (W. MARTIN LUTHER KING JR. BLVD AND S. SMOKEHOUSE TRLJD&B OF
NORTHWEST ARKANSAS LLC,595):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-51 FOR
APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF WEST MARTIN
LUTHER KING JR. BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD 1 FROM RPZD,
RESIDENTIAL PLANNED ZONING DISTRICT TO CS,COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RPZD,Residential Planned Zoning District to CS,Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on December 4,2024
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $00. 32
Page 1
RSF-4
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R-A
UT
CS
RPZD
Proposed CSSMOKEHOUSETRL
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Regional Link
Regional Link - High Activity
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0051 W. MARTIN LUTHER KING JR.
BLVD AND S. SMOKEHOUSE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
RPZD
UT
4.5
0.0
0.0
0.0
Total 4.5 ac1:2,400
Current
0.0
0.0
4.5
0.0
www.grsmithcivilengineering.com (479) 935 0644
September 17, 2024
From: Gavin Smith, PE CFM
Gavin Smith Civil Engineering, LLC
393 N Allen Street
Fayetteville, AR 72701
To: Fayetteville Development Services
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezone of Part of Parcel #762-16280-000 – LEGAL DESCRIPTION
LEGAL DESCRIPTION OF PARCEL #762-16280-000:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE
31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT AN EXISTING STONE MARKING THE SOUTHEAST CORNER OF
SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE N87°36'10"W
96.00' TO AN EXISTING REBAR, THENCE N01°55'39"E 742.00' TO AN EXISTING REBAR ON THE SOUTH
RIGHT-OF-WAY OF U.S. HIGHWAY #62 (MARTIN LUTHER KING JR. BOULEVARD), THENCE ALONG
SAID RIGHT-OF-WAY THE FOLLOWING: N75°58'23"E 57.56' TO AN EXISTING REBAR, S89°47'42"E 82.40'
TO AN EXISTING REBAR, N59°44'38"E 26.76' TO AN EXISTING REBAR, THENCE LEAVING SAID SOUTH
RIGHT-OF-WAY S01°54'39"W 294.94', THENCE S78°55'38"E 147.57', THENCE S30°52'00"E 293.27', THENCE
S01°55'11"W 213.44' TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER, THENCE ALONG SAID SOUTH LINE N87°36'10"W 369.02' TO THE POINT OF BEGINNING,
CONTAINING 5.59 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN MARTIN LUTHER KING JR.
BOULEVARD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED
TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
.
LEGAL DESCRIPTION OF AREA TO BE REZONED:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH,
RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO-WIT: BEGINNING AT AN EXISTING STONE MARKING THE SOUTHEAST CORNER
OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND RUNNING THENCE
N87°36'10"W 96.00' TO AN EXISTING REBAR, THENCE LEAVING SAID SOUTH LINE N01°55'39"E
436.64', THENCE N76°15'06"E 166.64', THENCE S01°54'39"W 2.06', THENCE S78°55'38"E 147.57', THENCE
S30°52'00"E 293.27', THENCE S01°55'11"W 213.44' TO THE SOUTH LINE OF THE NORTHEAST QUARTER
OF THE SOUTHEAST, THENCE ALONG SAID SOUTH LINE N87°36'10"W 369.02' TO THE POINT OF
BEGINNING, CONTAINING 4.49 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -
OF-WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
12/18/2024 11:33:47 AM
and recorded in Real Estate
File Number 2024-00033048
Kyle Sylvester- Circuit Clerk
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-705
MEETING OF DECEMBER 4, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
SUBJECT: RZN-2024-0051: Rezoning (W. MARTIN LUTHER KING JR. BLVD AND S.
SMOKEHOUSE TRL/D&B OF NORTHWEST ARKANSAS LLC, 595): Submitted by
GAVIN SMITH CIVIL ENGINEERING for property located southeast of the intersection
of W. MARTIN LUTHER KING JR. BOULEVARD AND S. SMOKEHOUSE TRAIL in
WARD 1. The property is zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT
and contains approximately 4.49 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits ‘A’ and ‘B’.
BACKGROUND:
The subject property is located in southwest Fayetteville, just southeast of the intersection of W. Martin
Luther King Jr. Boulevard and S. Smokehouse Trail on the south side of W. Martin Luther King Jr.
Boulevard. The property contains one parcel totaling 5.59 acres which is undeveloped and zoned UT,
Urban Thoroughfare and RPZD, Residential Planned Zoning District. Hydric soils are not present, and no
protected streams or FEMA-designated floodplain and no Hillside/Hilltop Overlay District are present on
site. Prior to June 2023, the property was zoned CS, Community Services. At that time, the current RPZD
designation was sought to develop the site for hospitality purposes.
Request: The request is to rezone 4.49 acres of the total 5.59 acres of the subject property from RPZD,
Residential Planned Zoning District to CS, Community Services.
Public Comment: Staff has not received public comment on this request.
Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses. The
subject property is located in west Fayetteville near the southeast corner of the intersection of W. Martin Luther
King Jr. Boulevard, S. Rupple Road, and S. Smokehouse Trail. A rezoning to CS, Commercial Services, would
allow similar residential development and commercial uses in an area that currently allows a mix of residential
and commercial uses. The property’s current zoning, RPZD, allows for development that staff finds to be also
consistent with current development and zoning patterns in that area given the large lots with low intensity
residential development and protected recreation areas to the south. Prior to the rezoning to RPZD in 2023,
the subject property had both CS and R-A zoning, and the proposed rezoning would be similar to prior zoning,
with additional land area to the south of the prior CS zoning district incorporated.
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
Land Use Plan Analysis: Staff finds that a rezoning to CS would be consistent with the City’s adopted land use
plans. City Plan 2040’s Future Land Use Map designates the property as City Neighborhood. These areas are
intended to support a wide variety of housing and commercial types in walkable urban neighborhoods. Despite
the higher zoning entitlements of many nearby properties, the subject property does have an infill score of 4-5
due to the necessary infrastructure for higher intensity development not yet being installed.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 4-5 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, located at 900 S. Hollywood Ave.)
• Near Water Main (18-inch main, W. Martin Luther King Jr. Boulevard)
• Near City Park (Holland Park, Kessler Mountain Regional Park)
• Near Paved Trail (Side Path Trail)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
At the October 28, 2024 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioners Payne and McGetrick provided the motion
and second respectively. The commissioners cited future land use compatibility and staff
recommendations as noted in the report as reasons for approval.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-705
RZN-2024-0051: Rezoning (W. MARTIN LUTHER KING JR. BLVD AND S. SMOKEHOUSE
TRL/D&B OF NORTHWEST ARKANSAS LLC, 595): Submitted by GAVIN SMITH CIVIL
ENGINEERING for property located southeast of the intersection of W. MARTIN LUTHER
KING JR. BOULEVARD AND S. SMOKEHOUSE TRAIL in WARD 1. The property is zoned
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 4.49 acres.
The request is to rezone the property to CS, COMMUNITY SERVICES.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-51 FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF THE INTERSECTION
OF WEST MARTIN LUTHER KING JR. BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN
WARD 1 FROM RPZD, RESIDENTIAL PLANNED ZONING DISTRICT TO CS, COMMUNITY
SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department’s Agenda Memo from RPZD, Residential Planned Zoning District
to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-705
Item ID
11/19/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0051: Rezoning (W. MARTIN LUTHER KING JR. BLVD AND S. SMOKEHOUSE TRL/D&B OF NORTHWEST
ARKANSAS LLC, 595): Submitted by GAVIN SMITH CIVIL ENGINEERING for property located southeast of the
intersection of W. MARTIN LUTHER KING JR. BOULEVARD AND S. SMOKEHOUSE TRAIL in WARD 1. The property is
zoned RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains approximately 4.49 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
11/1/2024
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: Gretchen Harrison, Senior Planner
FROM: Britin Bostick, Long Range Planning/Special Projects Manager
MEETING DATE: October 28, 2024
SUBJECT: RZN-2024-0051: Rezoning (W. MARTIN LUTHER KING JR. BLVD AND
S. SMOKEHOUSE TRL/D&B OF NORTHWEST ARKANSAS LLC, 595):
Submitted by GAVIN SMITH CIVIL ENGINEERING for property located
southeast of the intersection of W. MARTIN LUTHER KING JR.
BOULEVARD AND S. SMOKEHOUSE TRAIL. The property is zoned
RPZD, RESIDENTIAL PLANNED ZONING DISTRICT and contains
approximately 4.49 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0051 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0051 to the City Council with a recommendation of approval.”
BACKGROUND:
The subject property is located in southwest Fayetteville, just southeast of the intersection of W.
Martin Luther King Jr. Boulevard and S. Smokehouse Trail on the south side of W. Martin Luther
King Jr. Boulevard. The property contains one parcel totaling 5.59 acres which is undeveloped
and zoned UT, Urban Thoroughfare and RPZD, Residential Planned Zoning District. Hydric soils
are not present, and no protected streams or FEMA-designated floodplain and no Hillside/Hilltop
Overlay District are present on site. Surrounding land uses and zoning are depicted below in
Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Undeveloped UT, Urban Thoroughfare
South City Park/Single-Family Residential R-A, Residential Agricultural
East Undeveloped R-A, Residential Agricultural/UT, Urban Thoroughfare/CS
Community Services
West Undeveloped/City Park R-A, Residential Agricultural/UT, Urban Thoroughfare
Request: The request is to rezone 4.49 acres of the total 5.59 acres of the subject property from
RPZD, Residential Planned Zoning District to CS, Community Services.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 1 of 46
Public Comment: Staff has not received public comment on this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area does not have public street frontage. The overall property has
frontage to W Martin Luther King Jr Boulevard, a partially improved regional link
high activity street, with asphalt paving and curb and gutter. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is not available to the subject area. The overall property has access
to an 18” water line that is present along the south side of W Martin Luther King Jr
Boulevard.
Sewer: Sanitary Sewer is not available to the subject area or the overall property.
Drainage: The subject property does not lie within a FEMA-designated floodplain and no
protected streams are identified on the subject property or surrounding properties.
Hydric soils are not present on site. The subject property is not located within the
Hillside/Hilltop Overlay District. Any additional improvements or requirements for
drainage will be determined at time of development.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 900 S. Hollywood Ave., protects this site. The property is
located approximately 1.8 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.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district, CS, Community Services, requires 20% minimum
canopy preservation. The current zoning district, RPZD, Residential Planned
Zoning District, requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood.
City Neighborhoods are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi-family.
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.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 2 of 46
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 4-5 for
this site with a weighted score of 5 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station 6, located at 900 S. Hollywood Ave.)
• Near Water Main (18-inch main, W. Martin Luther King Jr. Boulevard)
• Near City Park (Holland Park, Kessler Mountain Regional Park)
• Near Paved Trail (Side Path 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 that the requested rezoning is compatible
with surrounding land uses. The subject property is located in west
Fayetteville near the southeast corner of the intersection of W. Martin Luther
King Jr. Boulevard, S. Rupple Road, and S. Smokehouse Trail. A rezoning to
CS, Commercial Services, would allow similar residential development and
commercial uses in an area that currently allows a mix of residential and
commercial uses. The property’s current zoning, RPZD, allows for
development that staff finds to be also consistent with current development
and zoning patterns in that area given the large lots with low intensity
residential development and protected recreation areas to the south. Prior
to the rezoning to RPZD in 2023, the subject property had both CS and R-A
zoning, and the proposed rezoning would be similar to prior zoning, with
additional land area to the south of the prior CS zoning district incorporated.
Land Use Plan Analysis: Staff finds that a rezoning to CS would be
consistent with the City’s adopted land use plans. City Plan 2040’s Future
Land Use Map designates the property as City Neighborhood. These areas
are intended to support a wide variety of housing and commercial types in
walkable urban neighborhoods. The property does have a low infill score of
4-5 as this area has higher-intensity zoning entitlements but has not yet seen
a lot of the necessary infrastructure for higher intensity development.
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
RPZD to CS. Staff finds that the proposed rezoning is compatible with
surrounding properties and consistent with the City’s future land use plans.
It is also consistent with the zoning of the property prior to the rezoning to
RPZD in 2023.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from RPZD to CS has the potential to minimally increase
vehicular traffic in the area when considering that the property is currently
entitled for similar residential development, and the area proposed to be
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 3 of 46
rezoned has several constraints. Between 2019 and 2023, one traffic crash
was reported adjacent to the property and forty-seven crashes, four with
suspected minor injury, eight with possible injury, and forty-four with no
apparent injury, were reported on W, Martin Luther King Jr. Boulevard
between with intersections with S. Camelia Lane and S. Rupple Road.
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 RPZD to CS has minimal potential to alter the
population density given the size of the property and surrounding zoning
and uses, although CS in combination with other similarly zoned parcels
could allow for increased residential or commercial development. Given the
property’s proximity to public streets, and water, staff finds that the
proposed rezoning is not likely to undesirably increase the load on public
services. Sewer improvements would be needed for future development,
however. 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 recommend forwarding RZN-2024-0051 to the City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: October 28, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 4 of 46
ATTACHMENTS:
• Unified Development Code
o §161.22 Community Services
o Ord. 6669 for PZD-2023-0002
• Request Letter
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 5 of 46
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide
for adaptable mixed use centers located along commercial corridors that connect denser
development nodes. There is a mixture of residential and commercial uses in a traditional urban
form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the
Community Services district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 8 Single-family dwellings
Unit 9 Two-family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 13 Eating places
Unit 15 Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Unit 26 Multi-family dwellings
Unit 40 Sidewalk Cafes
Unit 41 Accessory dwellings
Unit 44 Cluster Housing Development
Unit 45 Small scale production
Unit 46 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre-approved uses.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through
restaurants
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities*
Unit 42 Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 6 of 46
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front: A build-to zone that is located
between 10 feet and a line 25
feet from the front property
line.
Side and rear: None
Side or rear, when contiguous
to a single-family residential
district:
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 7 of 46
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 021161930029 Type: R
Kind: ORDELINANCE
Recorded: 07/06/2023 at 03:46:17 PM
Fee Amt. $155.00 Paqe 1 of 29
Washington County, AR
Kyle Sylvester Circuit Clerk
File2023-0001 / 259
File Number: 2023-776
113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Ordinance: 6669
ARCH IVEL
PLANNED ZONING DISTRICT-2023-0002: (SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD AND
S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596):
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2023-002
FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF WEST MARTIN LUTHER KING, JR.
BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD I
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 approves PZD-2023-02 as described in
Exhibits "A", "B" and "C" attached to the Planning Division's Agenda Memo which allows the development of 2.93
acres for residential units, 0.49 acres for parkland dedication, and 1.07 acres for primarily natural preservation.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning
criteria change provided in Section 1 above.
PASSED and APPROVED on June 6, 2023
Page 1
Attest:
011111111rrit/1'. GOER K
Z.A . CITY
C\•• O • ;`PG
Kara Nxton, City C c Treasurer
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 8 of 46
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
CITY COUNCIL MEMO
2023-776
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING
JR BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596): Submitted
by GAVIN SMITH for property located SOUTHEAST OF W. MARTIN LUTHER KING JR
BLVD AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A,
RESIDENTIAL AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN
THOROUGHFARE and contains approx. 5.59 acres. The request is to rezone 4.49
acres of the property to a PLANNED ZONING DISTRICT.
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 in west Fayetteville, southeast of the intersection of W. Martin Luther King Jr.
Blvd and S. Rupple Road. While a leg of the overall property has frontage along W. Martin Luther King Jr. Blvd,
the area in question is about 300 feet south without access to a public street. Undeveloped and mostly covered
in tree canopy, there is an approximately 7% slope upward as the portion of the property in question moves
south. The entire property is outside of the Hillside Hilltop Overlay District.
Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with three
Planning Areas, as described below:
Planning Area #1 — 2.93 acres: The intention of this planning area is to provide cabin -style single-
family homes at a maximum density of 10 units per acre that are clustered and concentrated to leave
additional room in the planning area for parking, detention, and utilities. The allowable uses are similar
to but more limited than those allowed in other single-family zoning districts such as RSF-4 or NC,
Neighborhood Conservation.
Planning Area #2 — 0.49 acres: This planning area is intended for parkland dedication. The area in
question currently includes a portion of a downhill mountain biking trail. Parkland dedication would be
required to be evaluated by the Parks and Recreation Advisory Board, and a full evaluation of its
suitability for City acquisition would take place during the large-scale development process. The
permitted uses are similar to those in the P-1, Institutional zoning district.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 9 of 46
Planning Area #3 — 1.07 acres: This planning area is intended for natural preservation. There are
limited uses permitted, but it does allow for cultural and recreational facilities and other city-wide uses
by right.
Public Comment: Staff received minimal public comment on the request, limited primarily to inquiries, and no
comments of outright support or opposition. No public comment was offered at the Planning Commission
meeting.
Land Use Compatibility: Staff finds the applicant's request to be compatible with existing surrounding land
uses. While zoned for higher entitlements generally, the area in question is minimally developed and well -
forested. The applicant's request reflects an incremental increase in density and intensity that both respects
the natural features of the site (the slope into Kessler Mountain), while also leaving room at the northern
portion of the site for higher intensity uses allowable by -right in its current zoning district. The separation of the
PZD into three planning areas indicates a specific intention to work within the confines of existing amenities on
the site, including a mountain bike trail that runs into the adjacent property to the west. That same property is
also pending transfer to the City of Fayetteville Parks and Recreation Department. The proposed use of single-
family cabins is architecturally compatible with the surrounding environment as well. The applicant's request
would also allow for short-term rentals. However, since the overall planned zoning district is strictly residential
and does not include any commercial or mix of uses, staff finds that any cabins that would like to pursue a
short-term rental would require a conditional use permit.
Land Use Plan Analysis: Staff finds that the request is consistent with the City's land use and zoning plans.
Recently, the City Council adopted a new street section for Smokehouse Trail to incorporate on -street parking
to the adjacent mountain biking trails, including the Fayetteville Traverse. Further, the proposal respects the
Future Land Use map distinction by leaving the existing UT zoning as is, to allow for higher intensity uses in
the future. Staff finds that the proposal meets City Plan 2040 goals by making appropriate infill a high priority;
the infill score for the site is currently quite low, so inserting single-family cabins in the area acts as a good
transitional development to future high -density development. The proposal also capitalizes on proximity to the
trail network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a low infill score for the subject
property of 4. The elements vary by the area of the property being considered, and include the following:
Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
Near City Park (Centennial Park)
Near Paved Trail (S. Rupple Road)
Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the May 8, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a
recommendation of approval, with conditions as recommended by staff. Commissioner Garlock made the
motion and Commissioner Brink seconded. Conversation on the item centered mostly around whether short-
term rentals would need a conditional use permit in the PZD, and staff explained that short-term rentals are
typically permitted by -right in every zoning district since Type is (owner -occupied) are always allowed where
there are residential uses, and that Type 2s (permanent short-term rentals) would need to acquire a conditional
use permit. Commissioner Brink felt that the smaller house type may lend itself to a short-term rental use,
though was compatible with the surroundings , and Commissioner Garlock commented that the smaller
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 10 of 46
housing type met a specific housing need. In the intervening time between the Planning Commission meeting
and the City Council meeting, the applicant made minor changes to the PZD booklet as recommended by staff,
and also moved all short-term rentals, or STRs, to a conditional use in Planning Area 1. Commissioners in
favor found that the level of development was incremental in nature, and there were no votes in opposition. No
members of the public spoke during the meeting.
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF, Exhibit A, Exhibit B, PZD Booklet, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 11 of 46
City Of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
479) 575-8323
Legislation Text
File #: 2023-776
PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING JR
BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596): Submitted by
GAVIN SMITH for property located SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD
AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A, RESIDENTIAL
AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN THOROUGHFARE and
contains approx. 5.59 acres. The request is to rezone 4.49 acres of the property to a PLANNED
ZONING DISTRICT.
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED
PZD-2023-002 FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF WEST
MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD 1
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 approves PZD-2023-02 as
described in Exhibits "A", `B" and "C" attached to the Planning Division's Agenda Memo which allows
the development of 2.93 acres for residential units, 0.49 acres for parkland dedication, and 1.07 acres for
primarily natural preservation.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning criteria change provided in Section 1 above.
Page 1
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 12 of 46
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-776
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/19/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD AND S. SMOKEHOUSE
TRAIL/SWEET BAY AT KESSLER, 596): Submitted by GAVIN SMITH for property located SOUTHEAST OF W. MARTIN
LUTHER KING JR BLVD AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A, RESIDENTIAL
AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN THOROUGHFARE and contains approx. 5.59 acres. The
request is to rezone 4.49 acres of the property to a PLANNED ZONING DISTRICT.
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:
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 13 of 46
PZD-2023-0002 W. MARTIN LUTHER KING JR EXHIBIT'A'
Close Up View B LV D AND S . SMOKEHOUSE PZD-2023-0002
MPRNG
r K
UT
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MoKEN Ug
S
Z
O
O
711
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RSF-4
Regional Link
Regional Link - High Activity
Residential Link
Hillside -Hilltop Overlay District
Planning Area
Fayetteville City Limits
Shared -Use Paved Trail
Trail (Proposed)
0 75 150
Subject Property
Feet
300
1:2,400
R-A
450
CS
HANSHEW RD
Residential -Agricultural
RSF-4
C-1
Urban Thoroughfare
600 Community Services
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 14 of 46
EXHIBIT 'B'
PZD-2023-0002
Bates, Associates.inc. rCivil Engineering ;_&
Surveying 7230
S. Pleasant Ridge
Dr / Fayetteville, AR 72704 PH: 479-442-9350 /
www.batesnwa.com March 8, 2023 RE:
Legal description of
an area of land for a PZD on a portion of "Adjusted Tract 2" from Property Line Adjustment survey
2021-33895 LEGAL DESCRIPTION FOR PZD:
A PART OF THE
NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE
31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING STONE MARKING
THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SAID SECTION 24 AND RUNNING THENCE ALONG THE SOUTH
LINE THEREOF N87036'10"W 96.00' TO AN EXISTING REBAR, THENCE LEAVING SAID
SOUTH LINE N01 °55'39"E 436.64', THENCE N76015'06"E 166.
64', THENCE SO1°54'39"W 2.06', THENCE S78°55'38"E 147.57', THENCE S30052'00"E 293.
27', THENCE SO1'55' 11 "W 213.44' TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SAID SECTION 24, THENCE ALONG SAID SOUTH
LINE N87036'10"W 369.02' TO THE POINT OF BEGINNING, CONTAINING 4.49
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -
WAY OF RECORD.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 15 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
Sweet Bay @ Kessler
Revised 51812023
A: Ownership:
D&B of Northwest Arkansas, LLC
PO Box 1146
Farmington, AR 72730
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 16 of 46
B. Scope & Project
Proiect Descriotion:
The total property is 5.59 acres. The Planned Zoning District is for the rear 4.49 acre portion of the
property. Currently the property, roughly a boot shape, includes 3 different zonings. The front of the
project lot borders MILK and is zoned as UT: Urban Thoroughfare; 1.10 acres (19.7%). The middle portion
is zoned CS: Community Services; 2.69 acres (48.1%). The rear of the Project is zoned R-A: Residential -
Agricultural; 1.80 acres (32.2%).
This proposal only unifies and rezones the back 2 sections, from CS and R-A to RPZD. The front portion
will remain UT and be developed for a commercial use appropriate to the frontage. The purpose of this
Rezone is to uniformly develop the back portion of the site. Currently the small portion of land at the rear
has less than the minimum 2 acres for even a single home. Every effort has been made to tone down the
development style of the proposal towards a balanced use of the forested toe of Kessler Mountain.
Scope:
25) cabin like single family residences and associated roads, parking, natural spaces, and public utilities
C. General Project Concept
Site Major Elements Considerations:
i. Flexibility —This proposal offers an alternative not available directly though other zoning. By
squeezing the parking areas together and distributing the houses on only those portions of land
suitable for construction without regard to street frontage, this plan utilizes the site for a
residential use, while maximizing and preserving the maximum amount of natural space.
ii. Compatibility —The surrounding properties are undeveloped, with a high development
possibility to the north and a low possibility to the south. This project incorporating a medium
density with an emphasis on tree preservation and natural space serves as a gradual
transitional area between the undeveloped forest of Mount Kessler and the intense corridor of
M LK.
iii. Harmony — Several design considerations for this project were tree preservation and
maintaining the character of the land including the medium mature woodlands and transitional
ecological succession character of the former farmland.
iv. Variety —This PZD offers variety because it includes a preservation approach for the onsite
wooded drainage channels, includes a preservation area around the existing bike trail, and
includes several small pods of houses that each have a group orientation to create 4 to 5
separate micro communities.
v. No negative impacts —This project does not create negative impacts for future developments
on adjacent properties. The natural drainage pattern changes and other changes are mitigated
within the boundary of the site.
vi. Coordination —The neighboring property owners were all introduced to the project and given
an opportunity to discuss the project. Several meetings were held with the owner of the corner
property to discuss access. Both the trailblazer group (current owner) and the Fayetteville parks
department were approached and invited to give input on the design and location of the PZD
proposal. A loose association of the residential neighbors in the nearest neighborhood were
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 17 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
contacted. A presentation was given to them about the proposed development and a
subsequent input session to hear their opinions.
vii. Open space —This proposal includes several natural areas adjacent to streams and focuses
small clusters of residential units around shared open space and tight porch paths and orients
the rears toward natural areas creating a front porch community feel. Neighbors must pass
their neighbors' front doors on the way to their cars but can also find privacy.
viii. Natural features — Several natural intermittent channels and trees occupy the site. These areas
are left as they are. Tree Preservation is discussed below.
ix. Future Land Use — Please see item J discussed below.
x. Special Features —This land is currently undeveloped. The site is now wooded but was
previously farmland. The land is currently not utilized.
xi. Recognized Zoning Considerations —There are no recognized zoning considerations for this site.
Streets
Streets are 26' wide asphalt.
Trail and Pedestrian Connectivity
A proposed section of the trail would come to the site where it borders MLK giving residents direct access
to the greenway system. The immediate trail connectivity would make car -less bicycle living feasible for
the adventurous.
4. Lot Layout
This project is conceived as a single owner rental project without any proposed subdivision of lots.
Undisturbed Natural Buffer areas
The existing intermittent runoff channels on the site were carefully avoided and buffered against
development. Trees adjacent to and in the channels have been left in place. Stream crossings are minimal
and situated perpendicular for minimum disturbance.
Tree Preservation Areas
A giant and ancient oak tree was immediately identified as a critical tree for preservation. Many aspects
of the unconventional layout of the site can be traced directly back to this tree and centering the
development around it. Tree preservation areas are also intermittent channel buffering areas. The site
layout was predicted to avoid work in and near the channels and preserving tree cover in a strip around
the channels. PZDs require 25% of the canopy to be preserved. This proposal preserves slightly more than
30% as presented.
Stormwater Detention Areas and Drainage
Stormwater detention is achieved using porous gravel reservoirs situated beneath permeable paver
parking areas. For greater rainstorm events like to the 50 and 100 year storms the parking lot is also
designed to hold up to 6" of water, which is a great enough quantity to attenuate storm flows, but not
enough to flood cars or damage property. Preliminary stormwater models show that the site as designed
provides the required stormwater detention and water quality treatment required by the Drainage
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 18 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
Criteria Manual. Stormwater calculations and design will be verified and reviewed as part of a subsequent
large-scale development, so while the presented design accounts for stormwater, the city will have
additional opportunities for comment, review, and approval.
Fire Access and Fire Code
The cabins and roads as shown in the proposed exhibit meet all applicable requirements for fire
apparatus access. The roads are 26' wide. Turn radii are 28' or greater. Road length from Appendix D
compliant turn-arounds are 150' or less. Two separate fire access roads connect the site to the street
system, one at the front of the site to MLK and a second proposed drive connecting to Smokehouse Trail
to the west.
Site Grading
The parking lots are situated parallel to the natural contours so that slight cut grading up hill and fill
grading downhill allows the parking to the flat and double as detention areas. Each cabin is conceived as
an elevated slab that preserves the adjacent native grade. Connection paths would be at grade.
Necessarily flat areas to connect ADA parking to ADA units are situated on the lower parking area where
the native grade is natural much flatter. This technique of following the contours for the graded elements
reduces the amount of site grading and soil disturbance usually associated with a development of this size
and density.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 19 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
D. Site Areas
Figure 1 - Site Area of Current Zoning
Figure 2 - Site Area of Proposed PZD
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 20 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
E. Existing & Proposed Zoning Standards
Existing RA
Existing CS
Proposed Planning area 1—Single Family Residential
Proposed Planning Area 2 — Parkland Dedication
Proposed Planning Area 3 — Preservation Area
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 21 of 46
4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
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.
City-wide uses by right
Public protection and utility facilities
Animal hi ichnnrim/
2) Conditional Uses.
Unit 2 1 City-wide uses by conditional use permit
Unit 4 1 Cultural and recreational facilities
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 22 of 46
4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
Unit 5 Government facilities
Unit 20 Commercial recreation, large sites
Unit 24 Home occupations
Unit 35 Outdoor Music Establishments
Unit 36 Wireless communications facilities
Clean technologiesUnit42
C) Density.
Units per acre One-half (112)
D) Bulk and Area Regulations.
Lot width minimum 200 feet
Lot Area Minimum:
Residential: 2 acres
Nonresidential: 2 acres
Lot area Der dwellinLy unit 2 acres
E) Setback Requirements.
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 23 of 46
4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
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 residential 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) Buildingarea. None.
Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No.
5238, 5-5-09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord.
No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 24 of 46
4/27/23, 5:25 PM
161.22 - Community Services
Fayetteville, AR Code of Ordinances
A) Purpose. The Community Services District is designed primarily to provide convenience goods
and personal services for persons living in the surrounding residential areas and is intended to
provide for adaptable mixed use centers located along commercial corridors that connect denser
development nodes. There is a mixture of residential and commercial uses in a traditional urban
form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the
Community Services district is a commercial zone. The intent of this zoning district is to provide
standards that enable development to be approved administratively.
B) Uses.
1) Permitted Uses
Unit 1 1 City-wide uses by right
Unit 4 1 Cultural and recreational facilities
Unit 5 1 Government facilities
Unit 8 1 Single-family dwellings
Unit 9 1 Two-family dwellings
Unit 10 1 Three (3) and four (4) family dwellings
Unit 13 1 Eating places
Unit 15 1 Neighborhood Shopping goods
Unit 24 1 Home occupations
Unit 25 1 Offices, studios and related services
Unit 26 1 Multi -family dwellings
Unit 40 1 Sidewalk Cafes
Unit 41 1 Accessory dwellings
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 25 of 46
4/27/23, 5:25 PM Fayetteville, AR Code of Ordinances
Unit 44 1 Cluster Housing Development
Unit 45 1 Small scale production
Unit 46 1 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16 Shopping goods
Unit 17 Transportation, trades and services
Unit 18 Gasoline service stations and drive-in/drive-through restaurants
Unit 19 Commercial recreation, small sites
Center for collecting recyclable materials
Liquor stores
Outdoor music establishments
Wireless communication facilities*
Unit 28
Unit 34
Unit 35
Unit 36
Unit 42 Clean technologies
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
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4/27/23. 5:25 PM Fayetteville, AR Code of Ordinances
C) Density. None.
D) Bulk and Area Regulations.
1) Lot Width Minimum.
Dwelling
All others
2) Lot Area Minimum. None.
18 feet
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: I None
Side or rear, when contiguous to a single- 15 feet
family residential district:
F) Building Height Regulations.
Building Height Maximum 5 stories
G) Minimum Buildable Street Frontage.50% of the lot width.
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 27 of 46
4/27/23. 5:25 PM Fayetteville, AR Code of Ordinances
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No.
5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord.
No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409
1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Editor's note— Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 28 of 46
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 1 Single Family Residential Area.
A) Purposes. The purpose of this planning area is to provide single family living in a manner
that increases community interaction by clustering houses and minimizing
ecological disturbance by concentrating parking, detention, and utilities. This
PZD creates a buffer between the low density and mostly undeveloped slope of
Kessler Mountain and the high intensity of the rapidly growing MLK corridor
connecting Fayetteville and Farmington.
B) Uses
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 4 Cultural and recreational facilities
Unit 24 Home occupations
Unit 46 Short-term rentals
C) Density
Units Per Acre 10
D) Bulk and Area Regulations
Lot Width Minimum None
Lot Area Minmum Residential None
Nonresidential None
Lot Area per dwelling unit None
E) Setback Regulations
Front Side Rear
15 feet 15 feet 15 feet
F) Height Requirments.
3 stories
G) Building Area.
None
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 29 of 46
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 2 Park Land Dedication Area
A) Purposes. The purpose of this planning area is to create an area of park land. This area
includes a part of a trailblazers downhill mountain biking trail. Trailblazers is
currently in the process of donating the adjacent property to the city for the use
of a downhill mountainbiking park. This area is proposed to be dedicated to the
City during the large scale development of the subject property for this PZD.
B) Uses
1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Faclities
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 36 Wireless communication facilties
Unit 42 Clean technologies
C) Density
Units Per Acre N/A
D) Bulk and Area Regulations
Lot Width Minimum None
Lot Area Minmum Residential None
Nonresidential None
Lot Area per dwelling unit None
E) Setback Regulations
Front Side Rear
30 feet 20 feet 25 feet
F) Height Requirments.
There shall be no maximum height limit provided, however, 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 60% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be
considered buildings.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 30 of 46
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 3 Natural Preservation Area
A) Purposes. The purpose of this planning area is to create a buffer around the existing onsite
drainage channels. This area is inlcusive of the high priority preservation Post
oak tree.
B) Uses
1) Permitted Uses.
C)
Jnit 1 City-wide uses by right
Jnit 4 Cultural and recreational facilities
2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 42 Clean technologies
Units Per Acre I N/A
D) Bulk and Area Regulations
Lot Width Minimum None
Lot Area Minmum Residential None
Nonresidential None
Lot Area per dwelling unit None
E) Setback Regulations
Front Side Rear
30 feet 20 feet 25 feet
F) Height Requirments.
There shall be no maximum height limit provided, however, 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 60% of the total
area of such lot. Accessory ground mounted solar energy systems shall not be
considered buildings.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 31 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
F. Site Analysis
The site is covered evenly by a mixture of scrub to medium mature stands of oak/hickory forest on the
lower toe of the Mount Kessler hill.
G. Recreational Facilities
The site is near both hiking trails in the hills above the old smokehouse and bike trails on the neighboring
property owned and operated by trail blazers. The regional greenway system comes to the site.
H. Reason for Rezoning
The purpose of this Rezone is to uniformly develop the back portion of the site. This proposal only unifies
and rezones the back to 2 sections, from CS and R-A to this PZD. The front portion will remain UT and be
developed for mixed commercial use appropriate to the frontage.
I. Relationship to Adjacent Properties
To the North is ultimately MLK Boulevard, but the Large -Scale Development after this rezoning would
include a proposed development of small size cluster of commercial spaces.
To the West are two properties, the northern is currently under review for a proposed gas
station/convenience store, and the southern is owned by trailblazers and contains bike trails. This project
would build an access between these two properties and a trail head for the trailblazer property.
To the East is a currently vacant property that was previously approved for an expansive RV park.
To the South is a lot owned by trailblazers that they are currently offering for sale.
J. Comprehensive Land Use Plan
The entirety of this site is designated as "City Neighborhood" in the 2040 Master Plan and is shown as
such on the City's "future Land Use Plan. The City Plan lays out guiding policies for City Neighborhood.
This project complies with the lands use plan by providing:
1. Adequate infrastructure
2. Trail connectivity for walking and biking
3. ADA compliant mixed use
4. Appropriate density for the site
5. Streets and walking paths that suit the land
6. Encourage neighborliness
7. Vernacular materiality of built structures
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 32 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
K. Impact on City Services
This project would add to the water and sewer infrastructure of the city. This project would require trash
services.
L. Conceptual Description
1. Screening and Landscape
The proposed landscape material for Sweet Bay @ Kessler shall share the Ozark — Woodland character
of the surrounding areas by using plant species native to this region. The landscape palette will range
from large shade trees, ornamental trees, to low, space -defining plantings that respond and reflect its
context to Mt. Kessler Park. Provided buffers shall meet the required widths and materials as listed in
the City of Fayetteville Code of Ordinances. The property is surrounded by commercial or residential -
agricultural zones and will not negatively impact the adjacent properties.
2. Traffic Circulation
Traffic will enter the site via an existing curb cut along MLK.
3. Parking Standards
Parking shall be per the minimum requirements for the residential uses in the Unified Development
Code in regard to standard spaces and ADA spaces, 2 spots per unit, with 2 ADA spaces.
4. Perimeter treatment
Where possible vegetation shall be left around the perimeter of the site.
5. Sidewalks
Concrete sidewalks shall connect the residential units to the public right of way with a continuous path.
6. Streetlights
Streetlights shall be added as required along streets for minimum lighting requirements. Parking lots
shall include lighting. All outdoor lighting shall meet the requirements as set forth in UDC section 176,
Outdoor Lighting, and shall be down cast and shielded.
7. Water
Water shall connect to the site via the mains along MILK. All water improvements shall be per the
standard details and specifications of the city, reviewed by the city, and contingent upon approval of the
Arkansas Department of Health.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 33 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
8. Sewer
Sewer shall connect to the site via the manhole located at the intersection of MLK and Smoke House
trail via a new main built in the existing easement along MLK. The existing easement contains an
easement that has sufficient width to include a sewer main with appropriate offset. All water
improvements shall be per the standard details and specifications of the city, reviewed by the city, and
contingent upon approval of the Arkansas Department of Health.
9. Streets and Draina
Streets shall be asphalt, 26' in width and capable of support heavy vehicles including fire trucks and
trash trucks. Parking areas shall be permeable paver basin structures with void space gravel detention.
Roofs shall be hard piped to parking basins. To the greatest extent possible natural surface drainage
patterns shall be preserved. Drainage improvements shall meet the requirements of the Drainage
criteria manual.
10. Construction of Non-residential Facilities
This PZD is primarily residential in nature. While some non-residential uses are listed in the permitted
and conditional uses, no non-residential use is being considered.
11. Proposed Signage
No signage is proposed. Any and all signage shall meet the requirements as set forth in Unified
Development Code section 174.
12. View Protection
The site is isolated from direct public view by the neighboring properties.
13. Covenants. Trusts. and Homeowner Association
No covenants and no homeowner association are proposed. All common areas and maintenance shall
be performed by the owner.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 34 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
M. Architectural Standards
Architectural standards shall generally reflect elevations as submitted.
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 35 of 46
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 36 of 46
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Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 37 of 46
Sweet Bay @ Kessler Residential Planned Zoning District
N. PZD Exhibits
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 38 of 46
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October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 39 of 46
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October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 40 of 46
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October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 41 of 46
www.grsmithcivilengineering.com (479) 935 0644
September 17, 2024
From: Jason Young
Gavin Smith Civil Engineering, LLC
393 N Allen Street
Fayetteville, AR 72701
To: Fayetteville Development Services
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezone of Part of Parcel #762-16280-000 – Rezoning Request Letter
Dear Planning Staff,
Gavin Smith Civil Engineering (Applicant), of D&B of Northwest Arkansas (Owner), are requesting a
Rezoning on part of a parcel within the City Limits of Fayetteville Arkansas.
The property subject to the requested rezoning is 5.59 acres on West Martin Luther King Boulevard,
approximately 300 feet East of the intersection of South Rupple Road and South Smokehouse Trail, on the south
side of West MLK Blvd. The subject property is assigned Washington County Parcel #765-16280-000, and is
currently vacant/undeveloped.
The southern 4.49 acres of Parcel #765-16280-000, which is the area subject to this Rezoning request, is
currently zoned as a Residential Planned Zoning District. The zoning designation was approved as PZD-2023-0002
at the June 6, 2023 City Council meeting. The remaining 1.10 in the northern portion of property has a zoning
designation of Urban Thoroughfare.
The Applicant and Owner are requesting a rezoning of the 4.49 acres currently under the RPZD to be
rezoned to CS, Community Services. The RPZD allows for permitted Use Units 1, 3, 8, and 41, and conditional use
Units 2, 4, 24, & 46. A rezoning to Community Services also aligns with the Future Land Use designation of City
Neighborhood Area, which encourages greater density as well as Non-Residential and Commercial uses. The
rezoning of this area will allow for a significant increase in Permitted and Conditional uses, providing greater
flexibility in the future development of this property.
The surrounding zoning designations of the proposed rezoning are a mixture of Urban Thoroughfare along Martin
Luther King Boulevard, Community Services directly to the east, Residential-Agricultural to southeast, south, and
west. A rezoning to Community Services is compatible with the surrounding area’s zoning designations, and
therefore will not adversely affect or conflict with the surrounding land uses.
The Applicant and Owner/Developer look forward to discussing this rezoning with Staff throughout the review
process. Please contact the Applicant if there are any immediate questions or concerns regarding this application.
Thank You,
Jason Young
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 42 of 46
RSF-4
C-1
RMF-24
C-2
RSF-1
RPZD
R-A
UT
CS
NC
P-1
MAIN ST
RUPPLE
RD
D
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M A R T I N L U T H E R
K I N G J R B L V D
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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-2024-0051 W. MARTIN LUTHER KING JR.
BLVD AND S. SMOKEHOUSE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 43 of 46
RSF-4
C-1
R-A
UT
CS
RPZD
Proposed CSSMOKEHOUSETRL
HANSHEW RD
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K I N G J R B L V DR
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Regional Link
Regional Link - High Activity
Residential Link
Hillside-Hilltop Overlay District
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0051 W. MARTIN LUTHER KING JR.
BLVD AND S. SMOKEHOUSE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
CS
R-A
RPZD
UT
4.5
0.0
0.0
0.0
Total 4.5 ac1:2,400
Current
0.0
0.0
4.5
0.0
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 44 of 46
CAMELLIA
L
N
MARTIN
L
U
T
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E
R
KING JR
B
L
V
D
R
U
P
P
L
E
R
D
Regional Link
Regional Link - High Activity
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2024-0051 W. MARTIN LUTHER KING JR.
BLVD AND S. SMOKEHOUSE TRL N
0 225 450 675 900112.5
Feet
Subject Property Undeveloped
Commercial, Undeveloped, and
Single-Family Residential
Single-Family Residential,
Undeveloped, and
Kessler Mountain Park
1:3,600
Commercial and Undeveloped
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 45 of 46
City
Neighborhood
Civic and
Private
Open Space
Natural
Residential
Neighborhood
Rural
Residential
MAIN ST
RUPPLE
RD
M A R T I N L U T H E R
K I N G J R B L V D
RUPP
L
E
R
D
R
U
P
P
L
E
RD
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-2024-0051 W. MARTIN LUTHER KING JR.
BLVD AND S. SMOKEHOUSE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
Planning Commission
October 28, 2024
RZN-2024-0051 (D&B OF NORTHWEST ARKANSAS)
Page 46 of 46
Form v1.54
NV\>IA
media
Account#: NWCL5004205 RECEIVED
Company: CITY OF FAYETTEVILLE-CLERKS OFFI DEC 0 9 2024
113 W MOUNTAIN
FAYETTEVILLE, AR 72701 CITY OF
CLERKS FAYETTEVILLE
Ad number#: 463823
PO#:
Matter of: Ord. 6818
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.6818
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$100.32.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 12/08/24;NWA nwaonline.com 12/08/24
97
\�\III\\ /
GI/LG iJ ��` G� B R A S/y /''i,�
Legal Clerk
State of ARKANSAS,County of Sebastian - •. ,‘„oTaR y w• N
• a.
Subscribed and sworn to before me on this 9th day of December, 2024 - `:� PUBO o, z
OTARY PUBLIC
Ordinance:6818
File Number: 2024-705
REZONING-2024-0051: (W.
MARTIN LUTHER KING JR.BLVD
AND S.SMOKEHOUSE TRL./D&B
OF NORTHWEST ARKANSAS
LLC,595):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
51 FOR APPROXIMATELY 4.49
ACRES LOCATED SOUTHEAST
OF THE INTERSECTION OF WEST
MARTIN LUTHER KING JR.
BOULEVARD AND SOUTH
SMOKEHOUSE TRAIL IN WARD 1
FROM RPZD, RESIDENTIAL
PLANNED ZONING DISTRICT TO
CS,COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B) both attached to the
Planning Department's Agenda
Memo from RPZD,Residential
Planned Zoning District to CS,
Community Services.
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
December 4,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$100.32
December 8,2024 463823