HomeMy WebLinkAboutOrdinance 6863Type: REAL ESTATE Kind: ORDINANCE Recorded: 5/2/2025 3:49: 17 PM Fee Arm: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00011685 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6863 File Number: 2025430 REZONING-2025-0010: (W. VAN ASCHE DR/RHOADS, 210): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-10 FOR APPROXIMATELY 17.23 ACRES LOCATED ON WEST VAN ASCHE DRIVE IN WARD 2 FROM C-2, THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial 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 April 15, 2025 Approved: Molly Rawn, Mayor Attest: �. aM1 9icv C,?ts Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $88.16 Page 1 File Number: 2025-00011685 Page 1 of 3 RZN-2025-0010 Close Up View -------------- R-A 61, Regional Link Freeway/Expressway W. VAN ASCHE DR 49, Clabber Creek Trail —VAN'ASCHEDR Design Overlay District Feet ' Planning Area 0 75 150 300 450 600 - - Fayetteville City Limits 1 :2,400 Zone Current Proposed C-2 18.6 0.0 CS 0.0 19.0 R-A 0.3 0.0 Total 19.0 ac EXHIBIT B RZN-2025-0010 APART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND APART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 27, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE SAID SECTION 27, AND RUNNING NO2°23'19"E 279.95 FEET; N82°03'35"W 148.65 FEET; N58*11'32"W 164.05 FEET; N37"58'10"W 83.74 FEET; N26°09'12"W 266.41 FEET; N37'34'31"W 172.40 FEET; N50°22'38"W 201.70 FEET; N61"58'03"W 434.65 FEET; N67°32'15"W 199.43 FEET; AND NO2°3359"E 261.38 FEET TO THE POINT OF BEGINNING, AND RUNNING THENCE N88-13'47"W 66.94 FEET; THENCE N72'23'10"W 19.04 FEET; THENCE S61°47'12"W 22.45 FEET, THENCE S88-56'59"W 11.78 FEET, THENCE S72°08'09"W 5.96 FEET; THENCE N78°07'55"W 6.53 FEET, THENCE S85°28'46"W 9.86 FEET; THENCE N78"58'31"W 13.63 FEET; THENCE N88"33'45"W 13.05 FEET; THENCE S80'28'06"W 21.32 FEET, THENCE S89'47'47"W 22.79 FEET; THENCE N67"57'00"W 11.05 FEET; THENCE N87"44'10"W 22.92 FEET, THENCE S85"15'13"W 16.01 FEET; THENCE N77°08'17"W 6.76 FEET; THENCE N58°12'49"W 12.93 FEET; THENCE S65°56'41"W 4.39 FEET; THENCE N74°47'38"W 5.64 FEET; THENCE N62°18'59"E 10.43 FEET; THENCE S86°22'54"E 6.77 FEET; THENCE N53°28'21"E 8.98 FEET; THENCE N66°33'34"W 7.25 FEET; THENCE N35°42'09"W 4.71 FEET; THENCE N79'50'00"W 8.86 FEET; THENCE N89°05'50"W 10.85 FEET; THENCE S76°36'32"W 10.06 FEET; THENCE SSS"14'26"W 9.32 FEET; THENCE S10°26'28"E 12.11 FEET; THENCE S44°50'08"W 7.36 FEET; THENCE S58°22'01"W 12.81 FEET; THENCE S22°02'21"E 3.43 FEET; THENCE S54°07'53"E 16.67 FEET; THENCE S77°22'47"W 18.95 FEET; THENCE S43°57'59"W 10.76 FEET; THENCE N80°31'02"W 24.19 FEET; THENCE N59°58'50"W 39.82 FEET; THENCE S50°33'28"W 26.08 FEET; THENCE 577015'36"W 32.04 FEET; THENCE N33°44'07"W 11.43 FEET; THENCE N57°50'13"W 22.96 FEET; THENCE N81°06'03"W 23.69 FEET; THENCE SO4°32'45"E 30.00 FEET; THENCE S66°42'03"W 36.03 FEET; THENCE N67°32'15"W 54.96 FEET; THENCE N52°21'17"W 100.14 FEET; THENCE NO2°33'59"E 1131.73 FEET TO THE SOUTHERN RIGHT OF WAY OF WEST VAN ASCHE DRIVE, AND RUNNING ALONG SAID RIGHT OF WAY S85°40'25"E 529.44 FEET; AND S85°40'25"E 124.51 FEET; THENCE LEAVING SAID RIGHT OF WAY 502°33'59"W 1114.73 FEET TOT HE POINT OF BEGINNING, CONTAINING IN ALL 17.24 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHT OF WAYS OF RECORD. Washington County, AR I certify this instrument was filed on 5/2/2025 3:49: 17 PM and recorded in REAL ESTATE File# 2025-00011685 Kvle Svlvester - Circuit Clerk File Number: 2025-00011685 Page 3 of 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 15, 2025 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Wesley Frank, Planner CITY COUNCIL MEMO SUBJECT: REZONING-2025-0010: (W. VAN ASCHE DR/RHOADS, 210): RECOMMENDATION: 2025-430 City Planning staff and the Planning Commission recommend approval of a request to rezone a portion of a subject properly as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in north west Fayetteville a 0.51 mile from the intersection of W. Van Asche Drive and N. Gregg Avenue. The property is zoned C-2, Thoroughfare Commercial and overall contains approximately 81 acres; however the property subject to this rezone is 17.23 acres. The subject area is undeveloped and is partially in the 1-540 Overlay District. Request: The request is to rezone a portion of the property from C-2, Thoroughfare Commercial, to CS, Community Services. Public Comment: Staff has not received any public comment at this time. Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses. The subject property is located just half a mile west of the N. Gregg Avenue and W. Van Asche Drive intersection. The subject zoning would allow for a mix of services — convenience goods and personal services — in the immediate area. This property is located on an arterial street that is occupied by both commercial and residential zoned districts, which can serve as a mix between the two, although the area is largely undeveloped currently. Staff finds that rezoning this partial would support the surrounding zoning districts and is unlikely to negatively impact surrounding properties. An alternative option is UT, Urban Thoroughfare, as there are multiple nearby UT -zoned districts; this zoning type caters to concentrated commercial and mixed -use developments along major thoroughfares. C-2 zoned districts encourage commercial enterprises that cater to highway travelers, which would be used by the travelers on the 1-49. This zoning type allows for the by -right use of a wide -range of enterprises such as hotels, gasoline service stations, and even commercial recreation. A break in the zoning type with CS allows for more mixed -use options, specifically providing convenience goods and personal services for people and businesses along commercial corridors. CS could support future and current nearby commercial developments by providing housing, neighborhood shopping, and/or less resource -dependent services. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 Urban Center. Although the property also has a low infill score of 2-3, it is located within a 15-minute walk of a Tier 2 center, indicating how the city may intend to develop this area to provide a variety of services and goods. Staff finds that a rezoning to CS would allow for increased development that would be in character with surrounding properties and its proximity to a regional high activity link street. The proposed CS rezoning would allow increased mixed -use development within an area that is currently greenfield and undeveloped, which will compact, complete, and connect future development (Goal #3). City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Urban Center. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 2-3 for this site. The following elements of the matrix contribute to the score: • Near Water Main (6-inch main on W. Van Asche Drive) • Near Sewer Main (48-inch south of the site, crossing 1-49) • Near Paved Trail (Clabber Creek Trail) DISCUSSION: At the March 24, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner motioned and Commissioner McGetrick seconded. Commissioner Werner discussed how rezoning the property partially to UT would benefit the area; however, he did state that the importance of allowing areas that are focused on residential uses and moving away from auto -oriented uses confirmed his support for a CS zoning. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-430 REZONING-2025-0010: (W. VAN ASCHE DR/RHOADS, 210): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-10 FOR APPROXIMATELY 17.23 ACRES LOCATED ON WEST VAN ASCHE DRIVE IN WARD 2 FROM C-2, THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial 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. Page 1 City of Fayetteville Staff Review Form 2025-430 Item ID 4/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan curth 3/28/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2025-0010: Rezoning (W. VAN ASCHE DR/RHOADS, 210): Submitted by HALL ESTILL ATTORNEY AT LAW for property located on W. VAN ASCHE DR in WARD 2. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 17.23 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Wesley Frank, Planner MEETING DATE: March 24, 2025 SUBJECT: RZN-2025-0010: Rezoning (W. VAN ASCHE DR/RHOADS, 210): Submitted by HALL ESTILL ATTORNEY AT LAW for property located on W. VAN ASCHE DR. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 17.23 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2025-0010 to City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2025-0010 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in north west Fayetteville a 0.51 mile from the intersection of W. Van Asche Drive and N. Gregg Avenue. The property is zoned C-2, Thoroughfare Commercial and overall contains approximately 81 acres; however the property subject to this rezone is 17.23 acres. The subject area is undeveloped and is partially in the Sign Overlay District. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Undeveloped C-2, Thoroughfare Commercial South Undeveloped Highway East Undeveloped R-A, Residential Agriculture West Undeveloped C-3, Central Commercial Request: The request is to rezone a portion of the property from C-2, Thoroughfare Commercial, to CS, Community Services. Public Comment: Staff has not received any public comment at this time. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject property has frontage along W. Van Asche Drive which is classified as a Regional Link. W. Van Asche Drive is an improved street with asphalt paving, Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 1 of 15 curb and gutter, sidewalk, and trail. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property but will require an off -site water - main extension. There is an existing eight -inch water main along the south side of West Van Asche Drive to the west of the subject property. This line will need to be extended to the site for water service. It will also likely need to be extended to the east to where it can be looped back into the existing water system near North Roosevelt Avenue. Sewer: Sanitary Sewer is available to the subject property. There is an existing forty -eight - inch sewer line across the southeast corner of the subject property. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system on the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. No portion of the property lies within the Hillside/Hilltop Overlay District, nor within a Streamside Protection Zone. The property does not lie in the FEMA floodplain. There are hydric soils present on the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. 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 4, located at 3385 N. Plainview Ave., protects this site. The property is located approximately 1.6 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 2 of 15 The proposed zoning district, C-2, Thoroughfare Commercial, requires 15% minimum canopy preservation. The current zoning district, CS, Community Services, 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 Urban Center. Urban Center Areas contain the most intense and dense development patterns within the City and allow for the tallest and greatest variety of buildings. Urban Center accommodates rowhouses, apartments, local and regional retail, hotels, clean technology industries and entertainment uses. These areas are typified by their location adjacent to major thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big box and strip retail centers existing along major arterials, it is expected that vacant properties will be developed into traditional mixed -use centers, allowing people to live, work and shop in the same area. Additionally, infill of underperforming or undervalued existing big box and strip centers should be strongly encouraged since there is a greater return on investment for redevelopment of these areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and parklands. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 2-3 for this site with a weighted score of 3. The following elements of the matrix contribute to the score: • Near Sewer Main (6-inch main on W. Van Asche Drive) • Near Water Main (48-inch main on 71 Hwy) • Near Paved Trail (Clabber Creek Trail) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: On the balance of considerations, staff finds that the requested rezoning is compatible with surrounding land uses. The subject property is located just half a mile west of the N. Gregg Avenue and W. Van Asche Drive intersection. The subject zoning would allow for a mix of services — convenience goods and personal services — in the immediate area. This property is located on an arterial street that is occupied by both commercial and residential zoned districts, which can serve as a mix between the two. Staff finds that rezoning the corner to align with the surrounding zoning is unlikely to negatively impact surrounding properties. A consideration tout, Urban Thoroughfare, UT, could be considered as there are multiple nearby UT -zoned districts; this zoning type caters to concentrated commercial and mixed -use developments along major thoroughfares. C-2 zoned districts encourage commercial enterprises that cater to highway travelers, which would be used by the travelers on the Hwy 71. This zoning type allows for the by -right use on a wide -range of enterprises such as hotels, gasoline service stations, and even commercial recreation. A break in the zoning type with CS allows for more mixed -use options, specifically providing convenience goods and personal services for people and businesses along commercial corridors. CS could assist the commercial Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 3 of 15 businesses operating in local C-2 zoned properties by providing opportunities such as housing, neighborhood shopping goods, and lesser resource dependent services. 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 Urban Center. Although, the property also has a low infill score of 2-3, it is located on the same overall property of a Tier 2, indicated how the city may intend to develop this area to provide a variety of services and goods. Staff finds that a rezoning to CS would allow for increased development that would be in character with surrounding properties and its proximity to a regional high activity link street. The proposed CS rezoning would allow increased mixed -use development within an area that is currently greenfield and undeveloped, which will compact, complete, and connect future development (Goal #3). 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 a portion of the property from C-2 to CS. Staff finds that the proposed rezoning is compatible with surrounding properties and consistent with the City's future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from C-2 to CS could increase traffic in the area. The subject parcel fronts onto a regional link street, which is designed to handle the city's highest service volume street (17,600 vpd). 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: The proposed rezoning has the potential to slightly alter the population density since it would allow for more intense residential and/or commercial development. However, the property currently has access to public streets, water, and sewers, and any necessary improvements 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. Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 4 of 15 Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0010 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March 24, 2025 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.23 -District C-2, Thoroughfare Commercial o §161.22 -Community Services • Request Letter • Site Map • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 5 of 15 161.23 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 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 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 6 of 15 (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when 15 feet contiguous to a single- family residential district (F) Building Height Regulations. Building Height Maximum 16 stories* * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 7 of 15 161.22 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 1 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 oods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive- through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 8 of 15 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. 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 15 feet contiguous to a single- family residential district: (F) Building Height Regulations. Building Height Maximum 15 stories (G) Minimum Buildable Street Frontage.50% of the lot width. Planning Commission March 24, 2025 RZN-2025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 9 of 15 HALL ESTILL AITORNLYSAt LAW February 12, 2025 VIA PORTAL DELIVERY City of Fayetteville Planning Commission and Planning Department 125 West Mountain St. Fayetteville, AR 72701 Robert K. Rhoads 75 N. East Ave., Suite 500 Fayetteville, AR 72701-5388 Direct Dial: (479) 973-5202 rrhoads@hallestill.com RE: Rezoning of part of Parcel No. 765-15783-000 at Van Asche Dr. & U.S. Highway 71 from Commercial — 2 to Community Services To Whom it May Concern: Please consider this letter as a Petition to request the rezoning of the above referenced parcel from its current designation of C2 to Community Services. The Community Services District is designated to provide goods and personal services for persons living in the surrounding residential areas and also allow for mixed use and multi family dwellings. Further, Community Services is compatible with the surrounding areas and will fit into the future land use of Urban Center and City Neighborhood. Lastly, this rezoning will not unreasonably affect in any adverse way the surrounding land uses. Upon receipt of invoice, we shall pay the filing fee. Please direct all communications to the undersigned. RKR/yn SiSbeRooads Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. Planning Commission Tulsa. OK • Oklahoma City, OK • Northwest Arkansas • Denver, CO March 24, 2025 www.hallestiKe2cft- 025-0010 (WG LAND COMPANY LTD PARTNERSHIP) Paqe 10 of 15 PROJECT TITLE: THOMPSON THRIFT 19 ACRE EXHIBIT Y O = xq e 9 r� N : i Y ' y m m PROJECT LOCATION: 6 Planning Commission FAYETTEVILLE AR March 24, 2025 KLN-2U25-UU1U (W(3 LAND GUMF'ANY L I U PAR I NtKSHIF') Page 11 of 15 RZN-2025-0010 W. VAN ASCH E DR One Mile View 0 0.13 0.25 0.5 Miles 1 1 1 1 1 1 1 I --- - - - -/i I I I Subject Property Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway - Unclassfied - Residential Link IBM Planned Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits 1 1 Planning Area 'ASCHE DR Planning Area Fayetteville City Limits g ORTH zoning 11I-2 General Industrial RESIDENT IALSINGLE-FAMILY EXTRACTION ii NSG ii E-1 ii RI-U COMMERCIAL RI-iz Residential-CFrs ii NS-L C-1 ii ResmanY&l erlcunural IIIIIIIII C-2 RSF-.5 = C-3 RSF-1 FORM BASED DISTRICTS RSF-2 � Downtown Gore RSF< li Ur.n Tlwrougrfia RSF') Maln Street Center RSFA Dmm— Genre, RSF-1a Community Servi.a RESIDENTIALMULTI-FAMILY Neith-h—I Sery RMFE ii Neigh rhvA Cone J. ii RM112 PLANNED ZONING DISTRICTS RMIts I♦ Commercial. Industrial. Residential ii RMF-sa INSTITUTIONAL ii RM P-1 INDUSTRIAL I-1 Heavy Cemmerclal aM Lb.Induatdal RZN-2025-0010 Close Up View -------------- R-A 61, Regional Link Freeway/Expressway W. VAN ASCHE DR 49, Clabber Creek Trail —VAN'ASCHEDR Design Overlay District Feet ' Planning Area 0 75 150 300 450 600 - - Fayetteville City Limits 1 :2,400 Zone Current Proposed C-2 18.6 0.0 CS 0.0 19.0 R-A 0.3 0.0 Total 19.0 ac RZN-2025-0010 W. VAN ASC H E DR Current Land Use NORTH Undeveloped VANASCHE DR- --------------- le k y` Subject Property Undeveloped developed A 1 � - 49 �c a Regional Link FEMA Flood Hazard Data Freeway/Expressway too -Year Floocioain Residential Link Feet Floodway Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits Design Overlay District 1 :3,600 RZN-2025-0010 Future Land Use Residential Neighborhood 1 1 i I \ I i \ I ,\ i \ t I t I Natural 1111111111110 Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway - Unclassified - Residential Link Planned Residential Link i Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District W. VAN ASCHE DR City Subject Property a VAN, S Feet 0 305 610 1,220 1,830 1:10,000 HE -Urban Center ORTH City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center