HomeMy WebLinkAboutOrdinance 5589lllllllllllll11lllllllllllllllllllllllllllllllllllllllllll11111111I1uI1I111IIB
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Kind: p; 015253090004 Type: REL
KinORDINANCE
Recorded: O6/26/2013 at 09: W59 AN
Fee AR $30. p0 Page 1 of 4
We shingtoq County, Aq
Kyle Sylvester CArcu1t Clerk
File2013-00021393
ORDINANCE NO.5589
AN ORDINANCE REZONING THE PROPERTIES DESCRIBED IN
REZONING PETITION RZN 13-4363, FOR APPROXIMATELY 5.77 ACRES,
LOCATED AT 2269 NORTH HENBEST ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE, AND RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER
ACRE, TO CS, COMMUNITY SERVICES AND C-2 THOROUGHFARE
COMMERCIAL.
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 following described properties from R-A, Residential Agricultural,
RSF-4, Residential Single -Family, 4 units per acre, and RMF-24, Residential Multi -Family, 24
units per acre, to CS, Community Services and C-2, Thoroughfare Commercial, as shown on
Exhibits "A" and `B" attached hereto and made a part hereof.
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 changes provided in Section
1.
PASSED and APPROVED this 4`h day of June 2013.
02W811"I
ATTEST:
By: Ac
SONDRA E. SMITH, City Clerk/Treasurer
4'ol Y 0 4`p .
.r
emu: .r
rr I()5d�uc���
EXHIBIT "B"
RZN 13-4363
LEGAL DESCRIPTION: (PARCEL #765-13614-001 RSF-4 TO CS)
A PART OF THE NEI/4 OF THE SE1/4 OF SECTION 6, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NE CORNER OF SAID NE1/4, SE1/4 THENCE S03057'12"W 78.32 FEET TO THE NORTH
RIGHT OF WAY OF MT. COMFORT ROAD, THENCE ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE LEFT 106.68 FEET, SAID CURVE HAVING A RADIUS OF
290.50 FEET AND A CHORD BEARING AND DISTANCE OF N39045'07"W 106.08 FEET,
THENCE LEAVING SAID RIGHT OF WAY S87019'26"E 73.31 FEET TO THE P.O.B.;
CONTAINING 0.06 ACRES MORE OR LESS.
LEGAL DESCRIPTION: (PARCEL #765-13579-001 R-A TO CS)
A PART OF THE NWI/4 OF THE SWIA OF SECTION 5, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NW CORNER OF SAID NW 1/4, SW IA THENCE S86051'20"E 287.30 FEET TO THE WEST
RIGHT OF WAY OF HENBEST DRIVE, THENCE ALONG SAID RIGHT OF WAY
S54039'40"W 161.39 FEET, THENCE S82°23'40"W 134.51 FEET, THENCE ALONG THE
NORTH RIGHT OF WAY OF MT. COMFORT ROAD N29013'54"W 55.90 FEET, THENCE
LEAVING SAID RIGHT OF WAY N03057'12"W 78.32 FEET TO THE P.O.B.;
CONTAINING 0.56 ACRES MORE OR LESS.
LEGAL DESCRIPTION: (PART OF PARCEL #765-13581-000 RMF-24 TO CS)
A PART OF THE SE1/4 OF THE SE1/4 OF SECTION 6 AND A PART OF THE SW 1/4 OF
THE NWIA OF SECTION 5 ALL IN T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SE
CORNER OF SAID SE1/4, SEI/4 THENCE S87°19'26"W 73.31 FEET TO THE NORTH
RIGHT OF WAY OF MT. COMFORT ROAD, THENCE ALONG SAID RIGHT OF WAY
AND ALONG A CURVE TO THE LEFT 179.30 FEET, SAID CURVE HAVING A RADIUS
OF 290.50 FEET AND A CHORD BEARING AND DISTANCE OF N67057'14"W 176.47
FEET, THENCE N37'01'50"W 37.15 FEET, THENCE ALONG THE EAST RIGHT OF WAY
OF SHILOH DRIVE N03000'32"E 245.40 FEET, THENCE ALONG A CURVE TO THE
RIGHT 372.16 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET AND A CHORD
BEARING AND DISTANCE OF N51039'38"E 352.16 FEET, THENCE LEAVING SAID
RIGHT OF WAY AND ALONG THE SECTION LINE S03002'35"W 355.04 FEET, THENCE
S86057'36"E 27.82 FEET, THENCE S86°57'36"E 136.40 FEET, THENCE S03°02'24"W 208.89
FEET, THENCE N86051'20"W 164.22 FEET TO THE P.O.B.; CONTAINING 3.60 ACRES
MORE OR LESS.
LEGAL DESCRIPTION: (PART OF PARCEL #765-13581-000 & 765-13555-003 RMF-24
TO C-2)
A PART OF THE NWI/4 OF SECTION 5, T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW
CORNER OF SAID NWI/4 THENCE N03002'35"E 208.59 FEET TO THE P.O.B., THENCE
1
N03002'35"E 355.04 FEET TO THE SOUTH RIGHT OF WAY OF SHILOH DRIVE AND
ALONG SAID RIGHT OF WAY AND ALONG A CURVE TO THE RIGHT 24.97 FEET,
SAID CURVE HAVING A RADIUS OF 325.00 FEET AND A CHORD BEARING AND
DISTANCE OF N86039'58"E 24.97 FEET, THENCE S02°33'40"W 5.01 FEET, THENCE
ALONG A CURVE TO THE RIGHT 20.96 FEET, SAID CURVE HAVING A RADIUS OF
320.00 FEET AND A CHORD BEARING AND DISTANCE OF S89018'53"E 20.95 FEET,
THENCE S87026'20"E 171.97 FEET, THENCE S11-37-01"W 359.12 FEET, THENCE
N86057'36"W 136.40 FEET, THENCE N86°57'36"W 27.82 FEET TO THE P.O.B.;
CONTAINING 1.55 ACRES MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
06/26/2013 09:18:59 AM
and recorded in Real Estate
File Number 2013-00021393
Kylq Sylvtstp `�ircuit Clerk
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
6/4/2013
City Council Meeting Date
Agenda Items Only
Jesse Fulcher Planning Development Services
Submitted By Division Department
Action
RZN 13-4363: Rezone (2269 N. HENBEST RD,/NELMS, 325): Submitted by JORGENSEN AND ASSOCIATES for
properties located at 2269 NORTH HENBEST ROAD. The properties are zoned R-A, RESIDENTIAL -
AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, AND RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE and contain approximately 5.77 acres. The request is to rezone the properties
to CS, COMMUNITY SERVICES AND C-2, THOROUGHFARE COMMERCIAL.
Cost of this request
Account Number
Project Number
Budgeted Item
Category / Project Budget
Funds Used to Date
Remaining Balance
Budget Adjustment Attached
W10%
5-(6-13
Date
` ,A a . Z.1,..._ Ca- r7 -Jo t3
Finance and Internal Services Director Date
S "%3
Data
d Date
Program Category / Project Name
Program / Project Category Name
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
�i' 11e-i 3
Received in City
Clerk's Office
-
Received in
�ral3
Mayor's Office
Revised January 15, 2009
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Mart, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Current Planner
Date: May 16, 2013
Subject: RZN 13-4363: Rezone (2269 N. HENBEST RD./NELMS)
RECOMMENDATION: Staff and the Planning Commission recommend approval of an ordinance to rezone
approximately 4.22 acres to CS, Community Services and 1.55 acres to C-2, Thoroughfare Commercial.
BACKGROUND: The subject property is bounded by Mount Comfort Road, Shiloh Drive and Henbest Drive. The
northeast 4.5 acres is zoned C-2, Thoroughfare Commercial and is developed with an Adventure Subaru dealership
that was completed in 2012. The Planning Commission approved a conditional use that allows a portion of the
parking lot (not display) to cross over the zoning line that transects the property (see map attached).
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as
City Neighborhood Area. These areas are more densely developed than residential neighborhood areas and provide a
varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and
encourages density in all housing types. Non-residential uses range in size, variety and intensity from grocery stores
and offices to churches, and are typically located at comers and along connecting corridors.
COMPATIBILITY: This particular property is unique due to the close proximity to I-540 and established
residential neighborhoods. It is both a highly visible highway node and transition zone. The Future Land Use Map
designates this property as City Neighborhood Area, which supports a wide variety of land uses and intensities,
including non-residential uses at comers and along corridors. The proposal to rezone a small portion of the property
next to the dealership to C-2, Thoroughfare Commercial and the remainder to CS, Community Services will allow
non-residential development, consistent with this designation, and start a transition from the highway into the
neighborhood.
The Community Services zoning will be extended to the west and south property boundaries and should provide the
protection for and transition to adjoining properties prescribed by the City Neighborhood Area designation. The
design standards applied to this zoning designation encourage traditional town form, Goal 3 of City Plan 2030. This
includes standards that address building scale, massing, and appearance. Put another way, these standards encourage
pedestrian friendly, mixed -use developments that are sensitive to surrounding residential uses, and utilize principles
of traditional design.
DISCUSSION: This item was heard at the Planning Commission meeting May 13, 2013. There was no public
comment. Staff recommended in favor of the proposed zoning. The Planning Commission voted 8-0-0 to support the
rezoning request.
BUDGET IMPACT: None.
ORDINANCE NO.
AN ORDINANCE REZONING THE PROPERTIES
DESCRIBED IN REZONING PETITION RZN 13-4363, FOR
APPROXIMATELY 5.77 ACRES, LOCATED AT 2269 NORTH
HENBEST ROAD FROM R-A, RESIDENTIAL
AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE, AND RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE, TO CS, COMMUNITY
SERVICES AND C-2 THOROUGHFARE COMMERCIAL.
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 following described properties from R-A, Residential Agricultural,
RSF-4, Residential Single -Family, 4 units per acre, and RMF-24, Residential Multi -Family, 24
units per acre, to CS, Community Services and C-2, Thoroughfare Commercial, as shown on
Exhibits "A" and `B" attached hereto and made a part hereof.
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 changes provided in Section
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of 2013.
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN 13-4363
Close Up View
RSF-4 aZa
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NELMS
EMIL DR I
? SUBJECT PROPERTY
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.......•••••• Multi -Use Trail (Existing) Y
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RZN13-4363
Footprints 2010
— Hillside -Hilltop Overlay District
Design Overlay Di trict
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------ Planning Area Feel
EXHIBIT f°B"
RZN 13-4363
LEGAL DESCRIPTION: (PARCEL #765-13614-001 RSF-4 TO CS)
A PART OF THE NEI/4 OF THE SE1/4 OF SECTION 6, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NE CORNER OF SAID NEI/4, SE1/4 THENCE S03°5712"W 78.32 FEET TO THE NORTH
RIGHT OF WAY OF MT. COMFORT ROAD, THENCE ALONG SAID RIGHT OF WAY
ALONG A CURVE TO THE LEFT 106.68 FEET, SAID CURVE HAVING A RADIUS OF
290.50 FEET AND A CHORD BEARING AND DISTANCE OF N39045'07"W 106.08 FEET,
THENCE LEAVING SAID RIGHT OF WAY S87019'26"E 73.31 FEET TO THE P.O.B.;
CONTAINING 0.06 ACRES MORE OR LESS.
LEGAL DESCRIPTION: (PARCEL #765-13579-001 R-A TO CS)
A PART OF THE NWI/4 OF THE SWI/4 OF SECTION 5, T16N, R30W IN WASHINGTON
COUNTY, ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NW CORNER OF SAID NWI/4, SWIA THENCE S86°51'20"E 287.30 FEET TO THE WEST
RIGHT OF WAY OF HENBEST DRIVE, THENCE ALONG SAID RIGHT OF WAY
S54039'40"W 161.39 FEET, THENCE S82°23'40"W 134.51 FEET, THENCE ALONG THE
NORTH RIGHT OF WAY OF MT. COMFORT ROAD N29013'54"W 55.90 FEET, THENCE
LEAVING SAID RIGHT OF WAY N03057'12"W 78.32 FEET TO THE P.O.B.:
CONTAINING 0.56 ACRES MORE OR LESS.
LEGAL DESCRIPTION: (PART OF PARCEL #765-13581-000 RMF-24 TO CS)
A PART OF THE SE1/4 OF THE SE1/4 OF SECTION 6 AND A PART OF THE SWI/4 OF
THE NW 1/4 OF SECTION 5 ALL IN T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SE
CORNER OF SAID SE1/4, SEI/4 THENCE S87019'26"W 73.31 FEET TO THE NORTH
RIGHT OF WAY OF MT. COMFORT ROAD, THENCE ALONG SAID RIGHT OF WAY
AND ALONG A CURVE TO THE LEFT 179.30 FEET, SAID CURVE HAVING A RADIUS
OF 290.50 FEET AND A CHORD BEARING AND DISTANCE OF N67057'14"W 176.47
FEET, THENCE N37-01'50"W 37.15 FEET, THENCE ALONG THE EAST RIGHT OF WAY
OF SHILOH DRIVE N03000'32"E 245.40 FEET, THENCE ALONG A CURVE TO THE
RIGHT 372.16 FEET, SAID CURVE HAVING A RADIUS OF 325.00 FEET AND A CHORD
BEARING AND DISTANCE OF N51039'38"E 352.16 FEET, THENCE LEAVING SAID
RIGHT OF WAY AND ALONG THE SECTION LINE S03002'35"W 355.04 FEET, THENCE
S86057'36"E 27.82 FEET, THENCE S86°57'36"E 136.40 FEET, THENCE S03°02'24"W 208.89
FEET, THENCE N86°51'20"W 164.22 FEET TO THE P.O.B.; CONTAINING 3.60 ACRES
MORE OR LESS.
LEGAL DESCRIPTION: (PART OF PARCEL 4765-13581-000 & 765-13555-003 RMF-24
TO C-2)
A PART OF THE NWI/4 OF SECTION 5, T16N, R30W IN WASHINGTON COUNTY,
ARKANSAS AND BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SW
CORNER OF SAID NWI/4 THENCE N03002'35"E 208.59 FEET TO THE P.O.B., THENCE
N03002'35"E 355.04 FEET TO THE SOUTH RIGHT OF WAY OF SHILOH DRIVE AND
ALONG SAID RIGHT OF WAY AND ALONG A CURVE TO THE RIGHT 24.97 FEET,
SAID CURVE HAVING A RADIUS OF 325.00 FEET AND A CHORD BEARING AND
DISTANCE OF N86039'58"E 24.97 FEET, THENCE S02°33'40"W 5.01 FEET, THENCE
ALONG A CURVE TO THE RIGHT 20.96 FEET, SAID CURVE HAVING A RADIUS OF
320.00 FEET AND A CHORD BEARING AND DISTANCE OF S89018'53"E 20.95 FEET,
THENCE S87026'20"E 171.97 FEET, THENCE S11.37'O1 "W 359.12 FEET, THENCE
N86057'36"W 136.40 FEET, THENCE N86°57'36"W 27.82 FEET TO THE P.O.B.;
CONTAINING 1.55 ACRES MORE OR LESS.
aVe eve le
( ARKANSAS
1'HE Cl7'Y 01: I; .AYE'['IEVILLE, ,ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Subdivision Committee
FROM: Jesse Fulcher, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: >\"a..� zap , Updated May 16, 2013
PC Meeting of May 13, 2013
125 W. Mountain St.
Fayetteville, AR 72701
Dhone:(4791575-8267
RZN 13-4363: Rezone (2269 N. HENBEST RD./NELMS, 325): Submitted by JORGENSEN AND
ASSOCIATES for property located at 2269 NORTH HENBEST ROAD. The properties are zoned R-A,
RESIDENTIAL -AGRICULTURAL, RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER
ACRE, and C-2, THOROUGHFARE COMMERCIAL and contain approximately 5.77 acres. The request
is to rezone the properties to CS, COMMUNITY SERVICES and C-2, THOROUGHFARE
COMMERCIAL. Planner: Jesse Fulcher
BACKGROUND:
Property and Background: The subject property is bounded by Mount Comfort Road, Shiloh
Drive and Henbest Drive. The northeast 4.5 acres is zoned C-2, Thoroughfare Commercial and is
developed with an Adventure Subaru dealership that was completed in 2012. The Planning
Commission approved a conditional use that allows a portion of the parking lot (not display) to
cross over the zoning line that transects the property (see map attached). Surrounding land use
and zoning is depicted on Table 1.
Table 1
Surroundin Land Use and Zoning
Direction
Land Use
Zoning
from Site
North
Undeveloped
RMF-24, Residential Multi-family/C-2, Thoroughfare
Commercial
South
Residential
P-1, Institutional, C-2, Thoroughfare Commercial, RSF-4,
Residential Single-family
East
Office/1-540
C-1, Neighborhood Commercial, RMF-24, Residential
Multi -family and RSF-4, Residential Single-family
West
Residential
RSF-4, Residential Single-family, R-A, Residential
Agricultural
Request The applicant requests to rezone approximately 4.22 acres to CS, Community Services
and approximately 1.55 acres to C-2, Thoroughfare Commercial.
Public Comment: Staff has not received public comment.
G: IETCOevelopment Services Rev]en,120130evelopment Rev,emV 3-4363 RZN 2269 Henbest/ Nelensl07 Planning Conimission105-13-
20131Comments and Redlines
RECOMMENDATION:
Staff recommends forwarding the rezoning request (RZN 13-4363 HENBEST/NELMS) to the
City Council with a recommendation of approval based on findings stated herein.
COMMISSION ACTION: Required
May 13, 2013 O Tabled
(Motion: Cook Second: Autry
I CITY COUNCIL ACTION:
O Approved
INFRASTRUCTURE:
YES
LEI Forwarded O Denied
Vote: 8-0-0
Required YES
O Denied
Streets: The site has access to Mount Comfort Road (Minor Arterial), Shiloh Drive
(Minor Arterial) and Henbest Drive (Local Street). Mount Comfort was recently
widened to a four -lanes and Shiloh was re-routed to created a four-way signalized
intersection. Street improvements within and adjacent to the property will be
evaluated at the time of development.
Water: Public water is available to the property. There are 8" and 12" mains adjacent to
the property. Public water main improvements may be necessary to provide fire
flow for domestic service for any proposed development.
Sewer: Sanitary sewer is available to the site. There is an 8" main adjacent to the
property. Capacity will be evaluated at the time of development.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100-year floodplain or the
Streamside Protection Zones.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
G: IE1'CIDevelopment Services Revieiv120130evelopmenl RevieM13-4363 RZN 2269 Henhe.rN Nelms107 Planning Commission05-13-
20131Comments and Redlines
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as City Neighborhood Area. These areas are more densely developed than
residential neighborhood areas and provide a varying mix of nonresidential and residential uses.
This designation supports the widest spectrum of uses and encourages density in all housing
types. Non-residential uses range in size, variety and intensity from grocery stores and offices to
churches, and are typically located at corners and along connecting corridors.
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: This particular property is unique due to the close proximity to I-540 and
established residential neighborhoods. It is both a highly visible highway
node and transition zone. The Future Land Use Map designates this property
as City Neighborhood Area, which supports a wide variety of land uses and
intensities, including non-residential uses at corners and along corridors. The
proposal to rezone a small portion of the property next to the dealership to
C-2, Thoroughfare Commercial and the remainder to CS, Community
Services and will allow non-residential development, consistent with this
designation, and start a transition from the highway into the neighborhood.
The Community Services zoning will be extended to the west and south
property boundaries and should provide the protection for and transition to
adjoining properties prescribe by the City Neighborhood Area designation.
The design standards applied to this zoning designation encourage
traditional town form, Goal 3 of City Plan 2030. This includes standards that
address building scale, massing, and appearance. Put another way, these
standards encourage pedestrian friendly, mixed -use developments that are
sensitive to surrounding residential uses, and utilize principals of traditional
design.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The property owners have indicated in their request letter that the space
available to the dealership is insufficient to accommodate the volume of new
and used vehicle to maintain the sales rate. The dealership, which was
completed in 2012, was designed to handle a steady increase in annual
growth. However, the demand has exceeded expectations and they are have
had to unload inventory in the field next to the dealership and even store
inventory at the old College Avenue dealership, which is closed. Rezoning a
portion of the property to C-2 will allow the dealership to utilize a portion of
the existing parking lot for vehicle inventory, which is currently prohibited in
the RMF-24 zoning district, and also allow them to expand the display lot
slightly further to the west. The remainder of the property is being zoned to
G: IEX Development Services Revieiv1201311)evelopment Review113-4363 RZN 2269 HenboW Nebns107 Planning Caemission105-13-
20131Commenls and Redlines
Community Services to allow the development that will support the
surrounding neighborhoods.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has been vacant for several years, so any redevelopment will
increase traffic in the vicinity of the site. The zoning change, as planned, will
result in approximately 1.5 acres being rezoned to Thoroughfare
Commercial, of which only about 0.45 acres is usable for new development.
The remainder of the property will be rezoned to Community Services.
When the remainder of the property is developed, the site will have access to
an existing traffic signal and a number of cross -connections to other streets.
This should allow traffic to be dispersed to a number of different access
points safely. In staffs opinion, the increase in traffic will not appreciably
increase traffic danger or congestion, given that all of the surrounding streets
have been recently improved and there are two signalized intersections
adjacent to the site to disperse traffic.
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 should not increase population density and thereby
undesirably increase the load on public services, in staffs opinion. The
majority of the property is zoned RMF-24, Residential Multi -family. The
change to Community Services will continue to allow multi -family
development; however, the expectation is that commercial development will
be constructed.
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
G IETCIDevelopment Services Revieiv120131 Development ReviewI13-4363 R7N 22h9 Henbesil NelmsW Planning Commission105-13-
20131Commenls and Redlines
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.
(e) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accesso dwellings
Unit 43
Animal boarding and training
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwellin unit
2 acres
E) Setback requirements.
Front Side Rear
35 ft. 20 ft. 35 ft.
(F) Height requirements. There shall be no
maximum height limits in the A-1 District,
provided, however, that any building which
exceeds the height of 15 feet shall be setback
from any boundary line of any residential district
a distance of 1.0 foot for each foot of height in
excess of 15 feet. Such setbacks shall be
measured from the required setback lines.
(G) Building area. 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. 5028, 6-19-07: Ord. 5128, 4-
15-08; Ord. 5195, 11-6-08; Ord. 5238, 5-5-09; Ord. 5479, 2-
7-12)
CD161:4
TITLE XV UNIFIED DEVELOPMENT CODE
161.07 District RSF-4, Residential Single -
Family — Four Units Per Acre
(A) Purpose. The RSF-4 Residential District is
designed to permit and encourage the
development of low density detached dwellings in
suitable environments, as well as to protect
existing development of these types.
(B) Uses.
(1) Permitted uses.
Unit 1 Cit -wide uses by right
11 Unit 8 Single-family dwellings
11 Unit 41 Accessory dwellings 11
(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 9
Two-family dwellings
Unit 12
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cotta a Housin Deyelo ment
(C) Density.
Single-family Two-family
dwellings dwellings
Units per acre 1 4 or less 7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
Lot area minimum
8,000 sq. ft.
12,000 sq.-ft.
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside Overlay
60 ft.
70 ft.
District Lot
minimum width
Hillside Overlay
8,000 sq. ft.
12,000 sq.-ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements
FrontSide I Rear
15 ft.____7 5 ft. 15 ft.
(F) Building height regulations.
FFBuilding Height Maximum 45 ft.
Height regulations. Structures in this District are
limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be
grandfathered in, and not considered
nonconforming uses, (ord. # 4858).
(G) Building area. On any lot the area occupied by
all buildings shall not exceed 40% of the total
area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. 4858, 4-18-06; Ord. 5028, 6-
19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09; Ord. 5312, 4-
20-10; Ord. 5462, 12-6-11)
CD161:7
161.14 District RMF-24, Residential Multi -
Family — Twenty -Four Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential
District is designed to permit and encourage the
developing of a variety of dwelling types in
suitable environments in a variety of densities.
(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-family dwellings
Unit 26
Multi-familydwellings
Unit 44
Cottage Housing Development
(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 11
Manufactured home park
Unit 12
Limited business
Unit 25
Professional offices
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a
Manufactured home park
50 ft.
Single-family
60 ft.
Two-family
60 fL
Three or more
90 ft.
Professional offices
100 ft.
(2) Lot area minimum.
Manufactured home park
3 acres
Lot within a mobile home
ark
4,200 sq. ft.
Townhouses:
Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft
Three or more
19,000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 1 acres
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Apartments:
No bedroom
1,700 sq. ft.
One bedroom
1,700 sq. ft.
Two bedroom
2,000 sq. ft.
Fraternity or Sorority
1,000 sq. ft. er resident
(E) Setback requirements.
Front
Side
Rear
The principal
8 ft.
25 ft.
fagade of a
building shall
be built within
a build -to
zone that is
located
between 10
feet and a line
25 feet from
the front
property line.
Cross reference(s)--Variance, Ch. 156.
(F) Building height regulations.
11 Building Height Maximum I 60ft.
Height regulations. Any building which exceeds
the height of 20 feet shall be set back from any
side boundary line of an adjacent single family
district, an additional distance of one foot for
each foot of height in excess of 20 feet.
(G) Building area. None.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord.
No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2
(Ex. A), 6-16-98; Ord. No. 4178, 8-31-99: Ord. 5028, 6-19-
07; Ord. 5079, 11-20-07; Ord. 5224, 3-3-09; Ord. 5262, 8-4-
09; Ord. 5312, 4-20-10; Ord. 5462, 12-6-11; Ord. 5495, 4-
17-12)
CD161:12
161.19 Community Services (D) Bulk and area regulations.
(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
Sin2le-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating laces
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-
inldrive through restaurants
Unit 24
Home cupations
Unit 25
Offcesoc, studios and related services
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
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 utilityfacilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
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 40
Sidewalk Cafes
Unit 42 1
Clean technologies
(C) Density. None
(1) Lot width minimum.
Dwellinq 18 ft.
All others None
(2) Lot area minimum. None
(E) Setback regulations.
Front:
The principal fagade of a
building shall be built
within 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 residential
district:
(F) Height regulations. Maximum height is 4 stories
or 56 feet which ever is less.
(G) Minimum buildable street frontage. 65% of the lot
width.
(Ord. 5312, 4-20-10; Ord, 5339, 8-3-10; Ord. 5462, 12-6-11)
CD161:16
TITLE XV UNIFIED DEVELOPMENT CODE
161.20 District C-2, Thoroughfare back from any boundary line of any residential
Commercial district a distance of one foot for each foot of
height in excess of 20 feet. No building shall
(A) Purpose. The Thoroughfare Commercial District exceed six stories or 75 feet in height.
is designed especially to encourage the (G) Building area. On any lot, the area occupied by
functional grouping of these commercial enterprises catering primarily to highway all buildings shall not exceed 60% of the total
travelers. area of such lot.
(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
laces
Unit 14
Hotel,
motel, and amusement facilities
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 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 4±_j
Cottage Housing Development
(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-stora a units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations. None,
(E) Setback regulations.
Front
50 ft.
Side
None
Side, when contiguous to
a residential district
15 ft.
Rear
20 ft.
(F) Height regulations. In District C-2 any building
which exceeds the height of 20 feet shall be set
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord.
No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-
29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99;
Ord. 4727, 7-19-05; Ord. 4992, 3-06-07; Ord. 5028, 6-19-07;
Ord. 5195, 11-6-08; Ord. 5312, 4-20-10; Ord. 5339, 8-3-10;
5353, 9-7-10; Ord. 5462, 12-6-11)
CD161:17
THE CITY OF FAYETTEVILLE, ARKANSAS
!o}ice POLICE DEPARTMENT
100-A West Rock Street
Fayetteville, AR 72701
P (479) 587-3555 F(479)587-3522
NSAS
MEMORANDUM
To: Jeremy Pate
From: Captain Kenny Yates
Date: 4/25//13
Subject: RZN 13-4363
This document is in response to the request for comments on proposed RZN 13-4363 (2269 N. Henbest Rd. /
Nelms, 325): submitted by Jorgensen and Associates, for property located at 2269 N. Henbest Road..
It is the opinion of the Fayetteville Police Department that this RZN (13-4363), will not substantially alter the
population density. This RZN will not create an appreciable or undesirable increase in the load on police
services and will not create an appreciable increase in traffic danger and congestion.
Telecommunications Device forthe Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
Dear Council Members,
The purpose of this letter is to explain our request for rezoning. When we set out
to design the new facilities for Adventure Subaru in 2009 we were selling 300 new
Subaru vehicles a year. We felt we were being optimistic to forecast a 20% annual
growth which would have been equal to 518 Subaru's in 2012. However, in 2012 we
sold 912 new cars and we're on track to sell almost 1,200 this year. We come to the
council with a request to extend the C2 zone to help us accommodate the inventory
necessary to maintain these unforeseen sales rates.
In order to create space for new cars we are currently forced to sacrifice space
that was designed for used car display; thus, creating a hardship for our used car
operation. Additionally we have been forced to take our old location on N College off
the market so we could store inventory there.
We feel the area we are requesting to be zoned C2 would be adequate for our
automotive retail needs in the foreseeable future.
We have requested Community Services zoning for the adjacent property
because we believe the surrounding neighborhoods have the need and Community
Services suits our vision for future development.
We love our new location and are proud of the hard work and dedication of all of
our employees who have help spur this amazing growth in our business. We are also
proud of the relationship we have with the city in creating such a great environment for
our customers and employees.
Thank you for your consideration on this matter and if you have any questions or
concerns then I encourage you to contact me directly.
Sincerely,
David Nelms
479-527-7812
y1,
nn'PIX W.AIM.
............
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RECEIVED
JUL 02 2013
NORTHWEST ARKANSAS DEMOCRATI AZETfE
CITYOFFAYETTEVILLE
NORTHWEST ARKANSAS THE MORNING NEWS OF SPRINGDAIY CLERK'S OFFICE
THE MORNING NEW
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AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas
Newspapers, LLC, printed and published in Benton County and Washington County,
Arkansas, of bona fide circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ordinance No. 5589
Was inserted in the regular edition of
The Northwest Arkansas Times
on: June 20, 2013
Publication Costs: $ 84.31
4>6-/`k" 0-&'-Z
Karen Caler
Subscribed and sworn to before me
Thisagff�day of4 ; 2013.
My Commission
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