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Home My WebLink AboutOrdinance 6918113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6918 File Number: 2025-1812 iiiiiiiiiiiiiiiiiiiiiillillillillI TYPE; LAND RECORDS FEE: $25,00 1 OF 3 REC: 10;23 2025 02:17PM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER. CIRCUIT CLERK FILE NO:2025-29511 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-34 FOR APPROXIMATELY 4.01 ACRES LOCATED AT 3066 EAST JOYCE BOULEVARD IN WARD 3 FROM RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND NS-G, NEIGHBORHOOD SERVICES -GENERAL 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 RI-12, Residential Intermediate, 12 Units Per Acre and NS-G, Neighborhood Services - General 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 October 7, 2025 Approved: Attest: Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $94.24 Page 1 RZN-2025-0034 Close Up View R-O I �+ Berkshire @ Uptown Q C-1 O -MILLENNIUM DRA_ , ,,- Regional Link - High Activity — Unclassified — Residential Link Planned Neighborhood Link ■ ■ Planned Residential Link — — — Trail (Proposed) Planning Area _ ! Fayetteville City Limits C-z Feet 0 75 150 300 450 600 1:2,400 EXHIBIT A R-A P-1 ,A& NORTH Zone Current Proposed C-1 0.0 0.0 CS 0.0 4.0 NS-G 1.8 0.0 RI-12 1.9 0.0 Total 4.0 ac J O RG E N S E N EXHIBIT B 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Off.9127 +ASSOCIATES wwwje. rgens nasso www �orgensenassoc com Civil Engineering • Surveying Established 1985 LEGAL DESCRIPTIONS FOR: PROPOSED ZONING CHANGES TO PARCEL #765-13240-000 PARCEL#765-13240-000: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 574.79 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE EASTERN RIGHT OF WAY OF NORTH CROSSOVER ROAD (HIGHWAY 265), AND RUNNING THENCE S87°45'58"E 756.42 FEET; THENCE S02°10'59"W 653.15 FEET; THENCE N87°48'59"W 449.63 FEET TO A POINT ON THE EASTERN RIGHT OF WAY OF NORTH CROSSOVER ROAD (HIGHWAY 265), AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES: N23°21'57"W 87.10 FEET; N26°43'18"W 150.00 FEET; N15°24'41"W 101.98 FEET; N26°46'18"W 100.00 FEET; N18°33'28"W 183.46 FEET AND N28°44'53"W 102.17 FEET TOT HE POINT OF BEGINNING, CONTAINING IN ALL 9.05 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PROPOSED REZONE RI-12 to CS: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 1066.21 FEET TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S87°45'58"E 265.00 FEET; THENCE S02°10'59"W 350.88 FEET; THENCE N87°22'58"W 267.65 FEET; THENCE NO2°37'02"E 349.09 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 2.14 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PROPOSED REZONE NS-G to CS: A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 1331.21 FEET AND S02°10'59"W 350.88 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE WESTERN RIGHT OF WAY OF EAST JOYCE BOULEVARD, AND RUNNING ALONG SAID RIGHT OF WAY S02°10'59"W 302.27 FEET; THENCE LEAVING SAID RIGHT OF WAY N87°48'59"W 269.95 FEET; THENCE NO2°37'02"E 304.31 FEET; THENCE S87*22'58"E 267.65 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.87 ACRES, MORE OR LESS. SUBJECTTO EASEMENTS AND RIGHTS OF WAY OF RECORD. WASHINGTON COUNTY, AR ICERTIFYTHIS IN STRUMENT WAS FILED ON 10 23?2025 02:17PM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-29511 KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 7, 2025 CITY COUNCIL MEMO 2025-1812 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: RZN-2025-0034: Rezoning (3066 N. JOYCE BLVD./BERKSHIRE AT UPTOWN, 177): Submitted by JORGENSEN & ASSOCIATES for property located at 3066 E. JOYCE BLVD. in WARD 3. The property is zoned RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL and contains approximately 4.01 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 in north Fayetteville approximately 700 feet north of N. Crossover Road's intersection with E. Joyce Boulevard. While the full property contains 9.05 acres, the applicant is requesting to rezone only a 4.01-acre portion of the site. The overall property has approximately 700 feet of frontage along N. Crossover Road, a Regional Link — High Activity street, and also has street frontage along the eastern side along E. Joyce Boulevard, a Residential Link Street in this location. The property was rezoned to its current designation in 2022. Request: The request is to rezone a 4.01-acre portion of the property to CS, Community Services. A large- scale development that was previously approved for this property has expired; the applicant has indicated an intent to move forward with that development following a reconsideration of this zoning district. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. While the current zoning designation on this property took a nuanced approach to the surrounding land uses, staff recognizes that the development pattern in the area has changed. To the east, former agricultural land is being developed into a new public school, accompanied by a full redevelopment of the street infrastructure along E. Joyce into a neighborhood link street. To the south is a commercial strip, to the west beyond a divided state highway, N. Crossover Road, are single-family homes, and to the north is multi -family residential. The overall property has frontage along N. Crossover Road, as well as what as the current alignment of E. Joyce Boulevard. CS includes an allowable building height of up to 5 stories, which staff finds given the new surroundings, is compatible with the area. The change in zoning from lower intensity districts to CS throughout the site is consistent with the change in street alignment, proposed Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 new traffic patterns, and addition of a public school in the area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request can support goal #3 of City Plan 2040, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by expanding the potential variety of housing types in the area, help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops, and bring services and residences within walking distance to a school. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (West side of N. Crossover Road) • Near Water Main (South side of the property) • Near Public School (Forthcoming; FPS under development) • Near Paved Trail (Bike Lanes on N. Crossover Road) • Near ORT Bus Stop (Route 30) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the September 8, 2025 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Paynce made the motion and Commissioner Madden offered the second. Commissioners offered little comment, finding the request to be compatible. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report 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 #: 2025-1812 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-34 FOR APPROXIMATELY 4.01 ACRES LOCATED AT 3066 EAST JOYCE BOULEVARD IN WARD 3 FROM RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND NS-G, NEIGHBORHOOD SERVICES -GENERAL 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 RI-12, Residential Intermediate, 12 Units Per Acre and NS-G, Neighborhood Services - General 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 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-1812 Item ID 10/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/19/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2025-0034: Rezoning (3066 N. JOYCE BLVD./BERKSHIRE AT UPTOWN, 177): Submitted by JORGENSEN & ASSOCIATES for property located at 3066 E. JOYCE BLVD. in WARD 3. The property is zoned RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL and contains approximately 4.01 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 V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Planning Director MEETING DATE: September 8, 2025 Updated with results SUBJECT: RZN-2025-0034: Rezoning (3066 N. JOYCE BLVD./BERKSHIRE AT UPTOWN, 177): Submitted by JORGENSEN & ASSOCIATES for property located at 3066 E. JOYCE BLVD. The property is zoned RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE, NS-G, NEIGHBORHOOD SERVICES GENERAL and contains approximately 4.01 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2025-0034 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0034 to City Council with a recommendation of approval." BACKGROUND: The subject property is in north Fayetteville approximately 700 feet north of N. Crossover Road's intersection with E. Joyce Boulevard. While the full property contains 9.05 acres, the applicant is requesting to rezone only a 4.01-acre portion of the site. The overall property has approximately 700 feet of frontage along N. Crossover Road, a Regional Link — High Activity street, and also has street frontage along the eastern side along E. Joyce Boulevard, a Residential Link Street in this location. The property was rezoned to its current designation in 2022. Surrounding land uses and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre South Commercial C-1, Neighborhood Commercial East Undeveloped/Agricultural R-A, Residential Agricultural West Single -Family Residential RSF-4, Residential Single -Family 4 Units per Acre Request: The request is to rezone a 4.01-acre portion of the property to CS, Community Services. A large-scale development that was previously approved for this property has expired; the applicant has indicated an intent to move forward with that development following a reconsideration of this zoning district. Public Comment: Staff has not received any public comment on this item. Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Crossover Road. N. Crossover Road is a fully improved Residential Link — High Activity street with asphalt paving, sidewalk, and curb and gutter. The property also has frontage along E. Joyce Boulevard, which is partially improved with asphalt paving. Improvements to E. Joyce Boulevard are forthcoming with the development of a new public school. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing 8-inch water main on the south side of the subject property. In addition, there is an existing 12- inch water main on the west side of the subject property along the west side of North Crossover Road. Sewer: Sanitary sewer is available to the subject property. There is an existing 8-inch sewer main on the west side of the subject property along the west side of North Crossover Road. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 4,500 linear feet downstream of this property. 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 5, located at 2979 N. Crossover Rd., protects this site. The property is located approximately 2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 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 expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the site is located within a FEMA floodplain, there are no hydric soils on site, and there is not a protected stream on the site. The property is not located within the Hillside -Hilltop Overlay District. Tree Preservation: The proposed zoning district of CS, Community Services, requires 20% minimum canopy preservation, which is the same as the existing zoning districts of NS-G, Neighborhood Services General, and RI-12, Residential Intermediate, 12 Units per Acre. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 2 of 15 Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-7 for this site, with a weighted score of 6.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N. Crossover Rd.) • Near Sewer Main (West side of N. Crossover Road) • Near Water Main (South side of the property) • Near Public School (Forthcoming; FPS under development) • Near Paved Trail (Bike Lanes on N. Crossover Road) • Near ORT Bus Stop (Route 30) • Appropriate Future Land Use (City Neighborhood) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. While the current zoning designation on this property took a nuanced approach to the surrounding land uses, staff recognizes that the development pattern in the area has changed. To the east, former agricultural land is being developed into a new public school, accompanied by a full redevelopment of the street infrastructure along E. Joyce into a neighborhood link street. To the south is a commercial strip, to the west are single-family homes, and to the north is multi -family residential. The overall property has frontage along N. Crossover Road, as well as what is currently called E. Joyce Blvd. CS as an allowable building height of up to 5 stories, which staff finds given the new surroundings, is compatible with the area. The change in zoning from lower intensity districts to CS throughout the site is consistent with the change in street alignment, proposed new traffic patterns, and addition of a public school in the area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request has the potential to meet goal #3, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by introducing a variety of housing types in the area, and help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops, as well as bringing services and residences within walking distance to a school. Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 3 of 15 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from NS-G and RI-12 to CS is justified to bring the area into agreement with the "City Neighborhood" designation at this site, which would allow a mix of residential and non-residential uses by right and lead to a more compact, complete, and connected neighborhood in this area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RI-12 and NS-G as the applicant is requesting does have the potential to appreciably increase traffic at this site. However, given the property's frontage along N. Crossover Road, a north -south Regional Link as well as close access to E. Joyce Boulevard, an east -west connection through the City that is soon to be redeveloped, staff does not find that the request would increase traffic to a dangerous degree. The site also has access to an Ozark Regional Transit line, which helps contribute to meeting the City's goal #4 of growing a livable transportation network. 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 as the applicant is requesting could alter the population density in the area, though not to an undesirable degree. CS does not have a maximum density, should residential uses be developed. However, given the existing access to utilities and services, staff finds that increased density in this location would take advantage of those existing services and would not negatively impact those existing services. The Fayetteville Public School system did not comment on the request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2025-0034. Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: September 8, 2025 O Tabled CR Forwarded O Denied with a recommendation of approval Motion: Payne Second: Madden ote: BUDGET/STAFF IMPACT: None Attachments: • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map • Unified Development Code: o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre o §161.19 NS-G, Neighborhood Services — General o §161.22 Community Services • Applicant Request Letter • Applicant Site Exhibit 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 1 Cluster Housing Development Unit 46 1 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 5 of 15 Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.19 NS-G, Neighborhood Services - General (A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 6 of 15 development form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12b General business Unit 24 Home occupations Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development 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 4 Cultural and recreational facilities Unit 5 Government facilities Unit 13 Eating laces Unit 16 Shopping oods Unit 19 Commercial recreation, small sites Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. Eighteen (18) or less per acre (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 35 feet All other uses I None (2) Lot Area Minimum. Single-family 4,000 square feet Two (2) family or more 3,000 square feet per dwelling unit All other uses None (E) Setback regulations. Front Side Side -Zero Lot Line" Rear Rear when contiguous to a single-family residential district A build -to zone that is 5 feet A setback of less than 5 None 15 feet located between the front feet (zero lot line) is property line and a line 25 permitted on one interior feet from the front side, provided a property line. maintenance agreement Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 7 of 15 is filed**. The remaining side setback(s) shall be 10 feet. (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 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 laces 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 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 Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 8 of 15 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. 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 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 1 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 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) Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 9 of 15 RZN-2025-0034 One Mile View RSF-4 Regional Link t� Neighborhood Link Regional Link- High Activity Unc—iftd Alley Residential Link ■ Planned Neighborhood Link Planned Residential Link Shared -Use Paved Trail Trail (Proposed) Fayetteville City Limits 1 1 Planning Area Berkshire @ Uptown NORTH 0 0.13 0.25 0.5Miles ---� t 0RD I C-1 I � 1ON!' — Subject Property i -AN-1 R-O Planning Area`- Fayetteville City Limits ---- RI-12 P-1 ♦ . ■ RPZD ■ ■ ■ — — — — — — — — — _ _ _■ JOYCE BI VD RD � p t J O September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 10 of 15 RZN-2025-0034 Close Up View R-O I , , , , MILLENNIUM D Regional Link - High Activity Unclassified Residential Link Planned Neighborhood Link ■ ■ Planned Residential Link — — — Trail (Proposed) ~ Planning Area _ ! Fayetteville City Limits Berkshire @ Uptown RSF-4 Subject Property RI - CS C-z Feet 0 75 150 300 450 600 1:2,400 R-A P-1 'J& NORTH Zone Current Proposed C-1 0.0 0.0 CS 0.0 4.0 NS-G 1.8 0.0 RI-12 1.9 0.0 Total 4.0 ac September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 11 of 15 RZN-2025-0034 Current Land Use Berkshire @ Uptown l ORTH A[ AMI Fayetteville Public Schools Single -Family Residentialip \ 14 ip NO ` L ' - It a, 1pr +►'b� ror4,r e ;T Commercial �Olw I r to JOYCE BLVD " �' V Ix - - - -=� ► Zone A 5 Regional Link FEMA Flood Hazard Data Regional Link - High Activity — Unclassified 100-Year Floodplain — Residential Link Planned Neighborhood Link Feet Fioodway ■ 1 Planned Residential Link — — - Trail (Proposed) 0 112.5 225 450 675 900 1- Planning Area 1:3,600 I- Fayetteville City Limits annlnq Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 12 of 15 RZN-2025-0034 Future Land Use Berkshire @ Uptown I Er Vim` n Subject Property i i City Neighborhood _ Natural Regional Link Neighborhood Link Regional Link - High Activity Unclassified Alley Residential Link 6— Planned Neighborhood Link 11pil Planned Residential Link i Planning Area Fayetteville City Limits Trail (Proposed) Feet NORTH ■ ■ i � p J O j i i ' Residential Neighborhood IN IN IN W ■ ■ 0 305 610 1,220 1,830 1:10,000 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Pace 13 of 15 JORGENSEN +ASSOCIATES WAS Civil Engineering Surveying July 21, 2025 City of Fayetteville Development Services J+A Project # 2021-173 CoF Project #2022-0034 & GRID 2023-0065 Re: The Berkshire @ Uptown Rezoning Request 124 W Sunbridge Drive, Suite 3 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985 Please accept this request to rezone parcel 765-13240-000. The original zoning was R-A, and then we rezoning it to CS along 265, RI-12 (2.14 acres) in the NE corner, and NS-G (1.87 acres) in the SE corner. After several years and many iterations of designs on the project, the owner has found that the best way to develop this property is to create a Preliminary Plat that will accommodate commercial development in the SW corner and then plat townhome lots, along with some single family, and two-family lots. In all there would be 9.05 acres of CS that will allow for the most flexible setbacks and lot minimum dimensions. The main factor driving this request is lot widths: RI-12 has a lot min of 50' for single family, two-family, and 90' for 3 and 4 family. NS-G has a lot min. of 35'. CS has lot min. of 18'. This proposed development will have a range of townhomes with widths of 20, some duplexes with widths of 20', and some single family homes with widths of 30'-35'. CS is the most flexible zoning that will allow our development to have a dispersed typology of homes. Several factors have changed since our original request, namely that Woodland Junior High School is under construction to the east and we feel that the addition of a townhome development be compatible in this area. The site currently has adequate access to water, sewer, and ample street capacity. Of note, there is some downstream sewer capacity issues; however, we have designed the plans and these improvements are scheduled for this winter. Please review this application and let us know if there are any questions that we may be able to answer. T 4an ks. B a Jorgensen, PE Jorgensen + Associates Planning Commission September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 14 of 15 LEGEND I* + L. DO O G) 5nm DZ V) �Mm �m cn Z A� V O N 0 3 % / dSWMia aSola ash /P� r Sv�M�F MJa C) 1 C S m S C F0 p C r. � A N M ! O � t7 Z cDi � 11 SHEET # 1 September 8, 2025 RZN-2025-0034 (BERKSHIRE AT UPTOWN) Paqe 15 of 15 Form 0,55 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 546345 PO #: Matter of. ORD 6918 AFFIDAVIT • STATE OFARKANSAS ECEIVE 10/21/2025 CRY OF FAYETTEVILLE CITY CLERK'S OFFICE 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 WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6918 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 $94.24. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 10112125, NWA nwaonline.com 10112125 FA Legal di i State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 13th day of October, 2025 NOT PUBLIC \\\II I I I I I i ////// 2-20,�, NOTARY m: 4 co NJ' Ordinance: 6918 File Number: 2025-1812 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 34 FOR APPROXIMATELY 4.01 ACRES LOCATED AT 3066 EAST JOYCE BOULEVARD IN WARD 3 FROM RI-12, RESIDENTIALIN- TERMEDIATE, 12 UNITS PER ACRE AND NS-G, NEIGHBOR- HOOD SERVICES -GENERAL 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 (Exhibit B) both attached to the Planning De- partment's Agenda Memo from RI-12, Residential Intermediate, 12 Units Per Acre and NS-G, Neighborhood Services - General 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 October 7, 2025 Approved: Molly Rawn, 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: $94.24 October 12, 2025 546345