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Doc ID. 015572800002 Type. REL
Kind: ORDINA
Recorded: 01/2NCE7/2014 at 10:31:33 AM
IFIs6hk1r,c On2C0UntyaRA9 of 2
Kyle Sylvester Circuit Clark
File2014-00001959
ORDINANCE NO. 5650
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 13-4552, FOR APPROXIMATELY 25.90
ACRES, LOCATED AT HWY 112, NORTH OF TRUCKERS DRIVE FROM R-
PZD PARK WEST, 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 following described property from R-PZD Park West to CS,
Community Services, 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 change provided in Section 1.
PASSED and APPROVED this Th day of January, 2014.
APPROVED:
ATTEST:
By: 4,a ,-4, di. �1
SONDRA E. SMITH, City Clerk/Treasurer
`3�p� n I I urrry
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Washington County, AR
I certify this instrument was filed on
01/27/2914 10:11:33 AM
and recorded in Real Estate
File Number 2014-00001959
Kyle Sylvester- Circuit Clerk
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2013-0246
Legistar File Number
01/07/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
RZN 13-4552: Rezone (PARK WEST, 209): Submitted by ENGINEERING SERVICES for property
located at HWY 112, NORTH OF TRUCKERS DRIVE. The property is zoned R-PZD PARK WEST
and contains approximately 25.90 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
Does this item have a cost? No
Cost of this request
Account Number
Project Number
Budgeted Item? =
Category or Project Budget
Funds Used to Date
$0.00
Remaining Balance
Budget Adjustment Attached?
Program or Project Name
Program or Project Category
Fund Name
V20130812
Previous Ordinance or Resolution # �g
Original Contract Number:
Comments:
� iz- 18-13
'A' !2-& �3
4"//5
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
From: Jesse Fulcher, Senior Planner
Date: December 16, 2013
Subject: RZN 13-4553 (WEDINGTON CIRCLE)
The Planning Commission and staff recommend approval of an ordinance to rezone the property to CS, Community
Services.
BACKGROUND
The subject property is located on Hwy 112, one lot north of Sam's Club. On January 17, 2006 the City Council approved
the Park West Residential Planned Zoning District on 140 acres, including the subject property (R-PZD 05-1796). The
property was originally zoned R -A, Residential Agricultural. The R-PZD zoning permitted a total of 1,700 dwelling units
and 856,000 square feet of commercial space. Construction permits for the project were never obtained and the R-PZD
approval has expired. The subject 25.90 acres is located at the north end of the Park West property.
CITY PLAN 2030 FUTURE LAND USE MAP: 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, from single-family to multi -family. 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. Setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
COMPATIBILITY: Rezoning the property to Community Services will allow for a similar development pattern and
density as permitted by the original Planned Zoning District. This includes intense uses along Highway 112, and likely
less dense residential uses on the west side of the property.
In addition, the Community Services zoning district will allow as -of -right development consistent with the growth and
development guidelines of City Plan 2030, including a traditional development pattern that allows multiple land uses that
can serve existing surrounding residences and future residential properties.
On December 9, 2013 the Planning Commission forwarded this item to the City Council with a recommendation of
approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 13-4552, FOR
APPROXIMATELY 25.90 ACRES, LOCATED AT HWY 112,
NORTH OF TRUCKERS DRIVE FROM R-PZD PARK WEST,
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 following described property from R-PZD Park West to CS,
Community Services, 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 change provided in Section 1.
PASSED and APPROVED this
APPROVED:
LIONELD JORDAN, Mayor
day of 2013.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
RZN 13-4552
Close Up View
EXHIBIT "A"
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Footprints 2010
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Design Overlay Di trict
Design Overlay Di trict
0 225 450 900 1,350 1,800
------ Planning Area Feet
EXHIBIT "B"
RZN 13-4552
PROPOSED PROPERTY REZONE SURVEY DESCRIPTION:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART
OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER ALL IN SECTION
TWENTY-EIGHT (28), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST
OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER (NE %) OF
THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 28 BEING A FOUND MAGNAIL IN
ASPHALT ROADWAY; THENCE S87034'31"E A DISTANCE OF 631.02 FEET TO A POINT;
THENCE S00023'08"W A DISTANCE OF 628.16 FEET TO A FOUND STEEL FENCE POST;
THENCE S02010'40'W A DISTANCE OF 178.19 FEET TO A FOUND Y2 INCH IRON PIN AND
THE POINT OF BEGINNING; THENCE S8701 1'04"E A DISTANCE OF 1926.85 FEET TO A
FOUNDY2 INCH IRON PIN AND THE WESTERN RIGHT OF WAY FOR U.S. HIGHWAY 112
BEING FIFTY-FIVE (55) FEET WEST OF CENTERLINE; THENCE ALONG SAID WESTERN
RIGHT OF WAY, S02-43'1 8"W A DISTANCE OF 474.95 FEET TO A SET IRON PIN WITH
CAP "PLS 1439"; THENCE LEAVING SAID WESTERN RIGHT OF WAY, N87'1 9'58"W A
DISTANCE OF 2582.01 FEET TO A SET IRON PIN WITH CAP "PLS 1439" AND THE WEST
BOUNDARY OF THE EAST HALF (E'/2) OF THE SW %, NO2°34'52"E A DISTANCE OF 318.11
FEET TO A SET IRON PIN WITH CAP "PLS 1439"; THENCE LEAVING SAID WEST
BOUNDARY, S87013'55"E A DISTANCE OF 656.51 FEET TO A SET IRON PIN WITH CAP
"PLS 1439"; THENCE NO2'31'1 3"E A DISTANCE OF 162.98 FEET TO THE POINT OF
BEGINNING.
SAID TRACT OR PARCEL OF LAND CONTAINING 25.90 ACRES (1,128,075 SQUARE
FEET), MORE OR LESS.
Tayeteville
ARKANSAS
]'HE CITY OF FAYET"i'EVILLE, ARKANSAS
PC Meeting of December 9, 2013
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Jesse Fulcher, Senior Planner
THRU: Andrew Garner, City Planning Director
DATE: na,.on Updated December 10, 2013
125 W. Mountain St.
Fayetteville, AR 72701
:phone: (479) 575-8267
RZN 13-4552: Rezone (PARK WEST, 209): Submitted by ENGINEERING SERVICES for
property located at HWY 112, NORTH OF TRUCKERS DRIVE. The property is zoned R-PZD
PARK WEST and contains approximately 25.90 acres. The request is to rezone the property to
CS, COMMUNITY SERVICES. Planner: Jesse Fulcher
BACKGROUND:
Property and Background: The subject property is located on Hwy 112, one lot north of Sam's
Club. On January 17, 2006 the City Council approved the Park West Residential Planned Zoning
District on 140 acres, including the subject property (R-PZD 05-1796). The property was
originally zoned R -A, Residential Agricultural. The R-PZD zoning permitted a total of 1,700
dwelling units and 856,000 square feet of commercial space. Construction permits for the project
were never obtained and the R-PZD approval has expired. The subject 25.90 acres is located at
the north end of the Park West property. Surrounding land use and zoning is depicted on Table 1.
- Table 7
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
from Site
North
Manufacturing/Residential
1-1, Heavy Commercial and Light Industrial/R-A, Residential
Agricultural
South
Undeveloped
R-PZD Park West
East
Commercial
C-2, Thoroughfare Commercial
West
Undeveloped/Single-family
R-PZD Park West
PZD Revocation: If an approved PZD expires the property does not automatically revert back to
the original zoning. The property is unable to be developed or subdivided until the old PZD
zoning is removed and a new, valid zoning district is assigned.
Request: The request is to rezone the 25.90 acres from Park West R-PZD to CS, Community
Services.
G:IETCIDevelopnent Services Revan020130eveloynnenf Revieiv113-0552 RZN (Park West)103 Planning Commission)/2-09-20131Convnents
and Redlines
Public Comment: Staff has received questions from two adjoining land owners, but no
comments against or in support of the request. Staff also received a phone call from the Ozark
Regional Land Trust expressing concerns with the impact that any development on the Park
West property could have on sensitive environmental lands they manage adjacent to the overall
Park West property.
RECOMMENDATION:
Staff recommends forwarding RZN 13-4552 to the City Council with a recommendation for
approval based on findings stated herein.
COMMISSION ACTION: Required YES
December 9, 2013 O Tabled ✓ Forwarded O Denied
Motion: Chesser
Second: Autry
Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
O Approved O Denied
INFRASTRUCTURE:
Streets: The site has access to State Highway 112. Highway 112 is a two-lane,
unimproved road with no curb and gutter and open ditches. Street improvements
would be determined at the time of development.
Water: Public water is available to the property. There is a 6" water main along the east
side of Highway 112.
Sewer: Sanitary sewer is available to the site. There is a 10" sewer main that runs
through the western extent of the parcel and an 8" along the east side of Highway
112.
Drainage: Standard improvements and requirements for drainage will be required for any
development. This property is not affected by the 100 -year floodplain, however,
there is a creek that runs north -south at the west end of the property that falls
within the Streamside Protection Zone.
Fire: This development will be protected by Engine 2 located at 708 N. Garland.
It is 4 miles from the station with an anticipated response time of 5 minutes to the
beginning of the development. The Fayetteville Fire Department does not feel this
development will affect calls for service or response times.
G:IETCIDevelopmen! Services Revieir120130evelopmenl Reviewg3-4552 RZN (Park West) 103 Planning CornniissionV 2-09-20131Commen(s
and Redlines
Police: The Police Department made no comment.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan
designates this site as City Neighborhood Area.
City Neighborhood 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, from single-family to multi -family. 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.
Setbacks and landscaping are urban inform with street trees typically being
located within the sidewalk zone.
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: The proposed Community Services zoning district is very consistent with
land use planning objectives, principles and policies. This district will allow a
variety of land uses, densities and intensities to be developed on the property,
consistent with the City Neighborhood designation. This includes intense uses
along Highway 112, and likely less dense residential uses on the west side of
the property. This designation is also consistent with the Park West
development plan originally approved for the property.
Further, the Community Services zoning district will allow as -of -right
development consistent with the growth and development guidelines of City
Plan 2030, including a traditional development pattern that aggregates
multiple land uses that can serve existing surrounding residences and future
residential properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The proposed rezoning is justified due to the fact that the current R-PZD
zoning for Park West has expired, removing all development rights from the
property. Rezoning the property to the Community Services zoning district is
justified, because it will allow the property to be developed with a variety of
land uses, densities and intensities. This is consistent with the future land use
designation, and appropriate for a property that is bounded on one end by a
high-volume arterial roadway and on the other by residential land uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
G: IE7CIDevelopment Services Review120131Development Revieiv113-4552 RZN (Park Wes1)103 Planning CommissionU2-09-20131Comments
and Redlines
Finding: The site access has access to Highway 112, and is located between I-540 and
Van Asche Drive. The proposed zoning will allow uses likely to increase
traffic, but it is unlikely that traffic danger or congestion would be
appreciably increased over the previously approved Park West PZD, which
permitted over 1,700 dwelling units and 850,000 square feet of nonresidential
space. As the overall property develops, new connections to Truckers Drive
to the south and Deane Solomon Road to the west will be made. Street
improvements will be evaluated at the time of development.
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 to Community Services will allow for a similar
development pattern and density as permitted by the original Planned
Zoning District and should not undesirably increase the load on public
services. The Police and Fire Departments have expressed no objections to
the proposal.
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: 16TCIDevelaonvaa Services Rcviewl20l31Development RevieiYU3-4552 RZN (Park West)103 Planning Commission112-09-20131Comments
and Redlines
Proposed Planning Areas - Zoning and Development Standards
The Park West Development offers several types of residential living, office, retail, and preservedlbotar icat areas, as depicted on sheet 2, the
"Conceptual Site Plan". The community witl offer Town Homes, Courtyard and Plaza Condos, Mulfi-family, Single Family Residential
(attached and detached), Commorcial Mixed Use Including Residential Office, Retail, Neighborhood Commercial, and Thoroughfare
Commercial. The following is a summary of the proposed planned areas that vdll be utilized during the design of the PZD.
MAP — Planning Areas
MAP —Conceptual Plan
Residential Areas
Overview
For most people, their home is
their largest investment. Park
West has established guidelines
_ to protect that investment. The
Guidelines insure that the
thought and quality put into
each home will not be
compromised by insensitive
development. These Design
Guidelines, and the Covenants
and Restrictions that
_ accompany the property deed,
will be the documents that
_ outline regulations to all
improvements at Park West.
The architectural review process
is set up to interpret, administer
and enforce the guidelines.
Since Park West has been
designed with compact building
lots in order to set aside more
green space and make the
community more walk -able, in
addition to these unique
necessary for a successful project. While "mail-order" or "stook" plans used elsewhere are permill it is expectedeh
that fomes wgill's
require custom designs. The use of "stock" plans will most Ilksly require adjustments to meet the Park West guidelines. Each design will be
limited to a single use within Parc West, however, a successful plan may be used on more than one lot if the exterior has been modified
sufficiently, and repeated uses are on tots distant from the others. Park West has consciously rejected the idea of a pre- designed portfolio of
9 of 67
Planning Area 1 (PA -1) — Single Family
Residential
AREA: 26.05 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by ri ht
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 24
Home occupations
(2) Conditional uses.
Unit 2 City-wide uses by conditional use
permit
(C) Density.
(D) Bulk and area regulations.
1 Lot width minimum.
Sin le fan-i-Iyl 30 ft.
Two-famil 30 ft. (per unit
Three-family30 ft. (per unit)
(2) Lot area minimum.
Townhouse:
Individual lot
Single-family, Two- and
Three-famil dwelli 1 s
Units er acre
4 or less
(D) Bulk and area regulations.
1 Lot width minimum.
Sin le fan-i-Iyl 30 ft.
Two-famil 30 ft. (per unit
Three-family30 ft. (per unit)
(2) Lot area minimum.
Townhouse:
Individual lot
2,500 sq.
ft.
Single-family
4,000 sq.
ft.
Two-family
2,400 sq.
ft.(per unit
Three-family
2,400 sq.
ft. (per unit)
(3) land area per dwell Eng unit
owl). louses & apativnenls
No bedroom 1,700 sq. 11.
One bedroom 1,700 sq. ft.
Two or more bedrooms 2,000 sq. Il.
(E) Setback requirements.
* A build -to line.
** The rear building setbacks may range
from 10' to 20' depending on the location of
utilities. All structures shall be setback 20'
from the centerline of any alley or easement.
(F) Height. No structure shall exceed three
stories, exclusive of the basement.
(G) Building area.
Detached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 60% of the total area of such lot.
Attached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 91
(1) Architectural Design Standards:
Reference the Project Booklet
Front
I Side
Rear
Single-
14' *
6'
Minimum
family
10' **
Two- and
14' *
0'
Minimum
Three-
10' **
famil
* A build -to line.
** The rear building setbacks may range
from 10' to 20' depending on the location of
utilities. All structures shall be setback 20'
from the centerline of any alley or easement.
(F) Height. No structure shall exceed three
stories, exclusive of the basement.
(G) Building area.
Detached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 60% of the total area of such lot.
Attached dwelling Units: On any lot the
area occupied by all buildings shall not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 91
(1) Architectural Design Standards:
Reference the Project Booklet
Planning Area 2 (PA -2) — Town
Homes/Single Family Attached
AREA: 12.15 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 24
Home occupations
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2 City-wide uses by conditional
use permit
(C) Density.
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le family 30 ft.
Two-family 30 ft. (per unit)
Three and more 30 ft. (per unit
(2 Lot area minimum.
Townhouse:
Individual lot
Single-family, Two- and
Three-familydwellings
Units per acre
6 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Sin le family 30 ft.
Two-family 30 ft. (per unit)
Three and more 30 ft. (per unit
(2 Lot area minimum.
Townhouse:
Individual lot
2,700 sq. ft.
Single-family
2,700 sq. ft.
Two-family
2,700 sq. ft. (per unit
Three or more
2,700 sq. ft. (per unit)
(3) Land areo perdrvellirrg miit
townhouses & apartments
No bedroom 1,000 sq. fl.
One bedroom 1,000 sq. Il.
Two or more bedrooms 1,200 sc. ft.
(E) Setback reauirements
* A build -to line, wherever possible.
(F) Height. Minimum two (2) stories.
Maximum 45 feet.
(G) Building area. On any lot the area
occupied by all buildings shall not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 72
(I) Architectural Design Standards:
Reference the Project Booklet
Front
Side
Rear
Single-
10' *
0'
Minimum 20';
family
30' from
centerline of
alley or
easement
Two- and
] 0' *
0'
Minimum 20';
Three-
30' from
family
centerline of
alley or
easement
* A build -to line, wherever possible.
(F) Height. Minimum two (2) stories.
Maximum 45 feet.
(G) Building area. On any lot the area
occupied by all buildings shall not
exceed 80% of the total area of such lot.
(H) Maximum Dwelling Units: 72
(I) Architectural Design Standards:
Reference the Project Booklet
Planning Area 3 (PA -3) — Plaza
Condominium
AREA: 4.01 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit I
City-wide uses by Eight
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 12
Offices, studios and related
services
Unit
ating places
Unit 15
Neighborhood shop ingoo
Unit 16
Shopping goods
Unit 25
Professional offices
Unit 26
Multi -family dwellings
(2) Condifinnaliicoc
Unit 2
City-wide uses by conditional
Two-family
use permit
Unit 14
Hotel, motel, amusement
Non-residential
facilities
Unit 24
Home occupations
C Densi .
Units per acre 140 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Single family
30 ft.
Two-family
30 ft.
Three and more
30 ft.
Non-residential
0 ft
(2) Lot area minimum
Townhouse:
Individual lot
3,000 sq.
ft.
Single-family,000
s
. ft.
Two-family3,000
s
. ft.
Three or more
3,000 sq.
ft.
Non -Residential
No Minimum
(3) Land area per dwelling unit
Townhouses & apartments
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft -
(E) Setback requirements.
Front Side Rear
20 0' 20'
(F) Height. Minimum two (2) stories.
Maximum seven (7) stories.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 160
(I) Maximum Bedrooms: 320
(J) Maximum Intensity: 26,000 sq. ft. non-
residential use
(K) Architectural Design Standards:
Reference the Project Booklet
Planning Area 4 (PA -4) — Courtyard
Multi -Family
AREA: 7.83 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellin
Unit 9
Two-family dwellings
Unit 10
Tbree-farmly dwellings
Unit 12
Offices, studios and related
services
Unit
ating places
Unit 15
Neighborhood shopping goods
Unit 16
Shopping oods
Unit 25
Professional offices
Unit 26
Multi -family dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional
ft.
use permit
Unit 3
Public protection and utility
Two-family
facilities
Unit 4
Cultural and recreational
3,000 sq.
facilities
Unit 24
Home occupations
(C) Density,
Units per acre 140 or less
(E) Bulk and area regulations.
1 Lot width minimum.
Single family 30 ft.
Two-family 30 ft.
Three and more 30 ft.
(2) Lot area minimum.
Townhouse:
Individual lot
3,000 sq.
ft.
Single-family
3,000 sq.
fl.
Two-family
3,000 sq.
fl.
Three or more
3,000 sq.
ft.
Non -Residential
No Minimum
(3) Land area per dwelling imit
TOwI3110LIM; & aparlmcnts
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. ft.
JE
Two or more bedrooms 1,200 s . A.
(E) Setback requirements.
Front
Rear
16' from a public
16'
or alley
Tdnve
10' from a private
or access easement
(F) Height. Minimum two (2) stories.
Maximum four (4) stories.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 313
(I) Maximum Bedrooms: 626
(J) Maximum Intensity: 25,000 sq. ft. non-
residential use
(K) Architectural Design Standards:
Reference the Project Booklet
Planning Area 5 (PA -5) — Multi -Family
Residential
AREA: 4.79 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Tluce-farnily dwellings
Unit 12
Offices, studios and related
services
Unit
ating places
Unit 15
Neighborhood shopping goods
Unit 16
Shopping oods
Unit 25
Professional offices
Unit 26
Multi-famil dwellings
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
ft.
permit
Unit 3
Public protection and utility
Two-fairdly
facilities
Unit 4
Cultural and recreational
3,000 sq.
facilities
Unit 24
1 Home occupations
(C) Density.
Units per acre 36 or less
(F) Bulk and area regulations.
1) Lot width minimum.
Single family 30 ft.
Two-family 30 ft.
11 Three and more 30 ft.
(2) Lot area minimum.
Townhouse:
Individual lot
3,000 sq.
ft.
Single-family
3,000 sq.
ft.
Two-fairdly
3,000 sq.
ft.
Three or more
3,000 sq.
ft.
(3) Land area per dwelling unit
Townhouses & apartments
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft.
(E) Setback requirements.
Front
Side
Rear
30' from a public street
10'
20'
10' from a private drive
or access easement
(F) Height. Minimum two (2) stories.
Maximum 4 stories otherwise.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 172
(I) Maximum Bedrooms: 344
(J) Maximum Intensity: 10,000 sq. ft. non-
residential use
(K) Architectural Design .Standards:
Reference the Project Booklet
Planning Area 6, 7, 8, 9 (PA -6, PA -7, PA -
8, PA -9) — Preserve/Botanical/Detention
AREA:
PA -6: 4.85 acres
PA -7: 1.17 acres
PA -8: 2.31 acres
PA -9: 10.47 acres
(A) Purpose. See project booklet
(B) Uses.
(l) Permitted uses.
Unit 1 T Cit -wide uses by right
(2) Conditional lases.
Unit 4 Cultural and recreational
facilities
(C)Density. None (not applicable)
(G) Bulk and area regulations. None (not
applicable)
E Setback requirements.
Front Side Rear
15' 10' 15'
(F) Height. No maximum height.
(G) Building area. No maximum building
area.
(H) Maximum Dwelling Units: Not
applicable
(I) Maximum Bedrooms: Not applicable
(J) Architectural Design Standards: Not
applicable
Planning Area 10 (PA -10) — Civic Lawn
AREA: 1.29
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1 City-wide uses by right
2 Conditional uses.
Unit 4 Cultural and recreational
facilities
(C)Density. None (not applicable)
Bulk and area regulations. None (not
applicable)
(E) Setback requirements.
Front Side Rear
15' l0' i5'
11
(F) Height. No maximum height.
(G) Building area. No maximum building
area.
(H) Maximum Dwelling Units: Not
applicable
(I) Maximum Bedrooms: Not applicable
(J) Architectural Design Standards: Not
applicable
Planning Area 11, 12 (PA -11, PA -12) —
Mixed Use Districts (1) Lot width minimum.
AREA:
PA -11: 31.82 acres
PA -12: 5.77 acres
Single family
30 ft.
Two-family
30 ft.
Three and more
30 ft.
Non-residential
0 ft.
(A) Purpose. See project booklet
(2) Lot area minimum.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility
facilities
Unit 4
Cultural and recreational
facilities
Unit 8
Single-family dwelling
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit12
Offices, studios and related
services
Unit 13
Eatinglaces
Unit 14
Hotel, motel, and amusement
facilities
Unit 15
Neighborhood sho ing goods
Unit 16
Shopping oods
Trades and services
Commercial recreation, small
sites
6Unit344
Home occupations
Professional offices
Multi -family dwellings
Liquor store
f2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 5
Government facilities
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 21
Warehousing and wholesale
Unit 29
1 Dance halls
Unit 35
1 Outdoor music establishments
(C Densil .
Units per acre 124 or Iess
(H) Bulk and area regulations.
Townhouse:
Individual lot
3,000 sq. ft.
Sin le -family
3,000 sq. ft.
Two-family
3,000 sq. ft.
Three or more
3,000 sq. ft.
Non-residential
0 sq. ft.
(3) Land area per dwelling unit
Townhouses & apartments
No bedroom 1,000 sq. ft.
One bedroom 1,000 sq. ft.
Two or more bedrooms 1,200 sq. ft.
(E) Setback reauirements.
Front
Side
Rear
8' to 12' *
20' from public or
5'
private access
0' from internal side
property lines
* A build -to line
(F) Height. Structures immediately adjacent
to the civic lawn shall have a minimum
height of 30'. Structures adjacent to
main streets shall be a minimum two -
stories in height. Maximum height of
four (4) stories otherwise.
(G) Building area. 85% of the site
(H) Maximum Dwelling Units:
PA -11: 783
PA -12: 138
(I) Maximum Intensity:
PA -11: 520,000 sq. ft.
PA -12: 60,000 sq. ft.
(J) Architectural Design Standards:
Reference the Project Booklet
Planning Area 13 (PA -13) —
Neighborhood Commercial
AREA: 4.21 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City- ide uses by rit
Unit 12
Offices, studios and related
services
Unit 13
Eating places
Unit 15
Neighborhood shopping oods
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 25
Professional offices
Unit 26
Multi-famil dwellin s
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
Residential Use —None
Non-residential — None
(2) Lot area minimum.
Residential Use — None
Non-residential — None
(3) Land area per dwelling unit.
Townhomes or Apartments:
eNo bedroom Ed
•One bedroom
*Two bedroom
(1i) Sethackreauirements.
Front
Side
Rear
50'
0'
20'
25' when contiguous to
residential district
(F) Height. Maximum 4 stories
(G) Building area. 85% of the site
(H) Maximum Dwelling Units: 15
(I) Maximum Bedrooms: 30
(J) Maximum Intensity: 15,000 sq. ft.
(K) Architectural Design Standards:
Reference the Project Booklet
Planning Area 14 (PA -14) —
Thoroughfare Commercial
AREA: 15.55 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12
Offices, studios and related
services
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement
facilities
Unit 15
Neighborhood shopping goods
Unit 16
Shopping oods
Unit 17
Trades and services
Unit 18
Gasoline, service stations, and
drive-in restaurants
Unit 19
Commercial recreation, small
sites
Unit 25
Professional offices
Unit 34
Liquor store
(2) Conditional uses.
Unit 1
City-wide uses by right
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility
facilities
Unit 21
Warehousing and wholesale
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
(C) Density. None
(I) Bulk and area regulations. None.
(E) Setback reauirements.
Front
Side
Rear
40'
0'
20'
25' when
25' when
contiguous to
contiguous to
residential
residential
district
district
(F) Height. Maximum 7 stories.
(G) Building area. On any lot the area
occupied by all buildings shall not
exceed 70% of the total area of such lot.
(H) Maximum Dwelling Units: Not
Applicable
(1) Maximum Bedrooms: Not Applicable
(J) Maximum Intensity: 200,000 sq. ft.
(J) Architectural Design Standards:
Reference the Project Booklet
Planning Area 15 (PA -15) — Parks and Trails
AREA: 7.18 acres
(A) Purpose. See project booklet
(B) Uses.
(1) Permitted uses.
Unit I Cit -wide uses by right
(C)Density. None (not applicable)
(D) Bulk and area regulations. None (not applicable)
(E) Setback requirements.
Front Side Rear
15' 10' 15'
(F) Height. No maximum height.
(G) Building area. No maximum building area.
(H) Maximum Dwelling Units: Not applicable
(I) Maximum Bedrooms: Not applicable
(J) Architectural Design Standards: Not applicable
TITLE XV UNIFIED DEVELOPMENT CODE
161.19 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-family dwellings
Unit 13
Eating
laces
Unit 15
Neighborhood
Shopping oods
Unit 18
Gasoline service stations and drive-
in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
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 ermit
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 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
Clean technologies
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwelling 18 ft.
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.
11 Building Height Maximum 156 ft.
(G) Minimum buildable street frontage. 50% of the lot
width.
(Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5462, 12-6-11;
Ord. 5592, 06-18-13)
CD161:17
Zoning Review
To:
THE CITY OF FAYETTEVILLE, ARKANSAS
From:
FIRE DEPARTMENT
In.�3 303 West Center Street
Date:
p Fayetteville. AR 72701
Re:
P(419)575-8365 F(479)575-0471
Zoning Review
To:
Andrew Garner
From:
Harley Hunt
Date:
November 13, 2013
Re:
RZN 13-4552
This development will be protected by Engine 2 located at 708 N. Garland.
It is 4 mile from the station with an anticipated response time of 5 minutes to the beginning of the development.
The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times.
If you have any questions please feel free to contact me.
Battalion Chief H. Hunt
Fire Marshal
Fayetteville Fire Department
Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain -Fayetteville, AR 72701
ENGINEERING SERVICES INC. ®_
1207 S. Old Missouri Rd, • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746
October 29, 2013
Development Services Department
City of Fayetteville, Arkansas
125 West Mountain
Fayetteville, AR 72701
RE: Rezoning Petition - RPZD to Community Services
Parcel Number 765-15830-000
Dear Mr. Sir or Ma'am,
This letter is intended to serve as a narrative to accompany the rezoning petition for a parcel located in the
City of Fayetteville. The property is currently zoned RPZD (Residential Planned Zoning District), and the
request is to change the zoning of the property to Community Services. Enclosed, please find the
following required materials:
- Completed, Signed Application for Rezoning
- Checks to City of Fayetteville ($325.00 Application Fee + $5.00 Sign Fee)
- Legal Description of the Property to be Rezoned
- CD with Legal Description, application, exhibit and adjacent property owner information of
Property to be Rezoned.
- Exhibit Showing County Parcel Map and Adjacent Property Owner Information
The following paragraphs address the items required by the rezoning application instructions:
A) The property is currently owned by Legacy National Bank. The mailing address for the property
owner is P.O. Box 6490, Springdale, AR 72766. There is no pending contract for the sale of the
property.
B) The property was rezoned to RPZD in 2007 by a former owner during an attempt to develop the
property. The RPZD zoning had a time restriction which has since lapsed, and the approved
development plan and RPZD zoning have expired. Any proposed development of the property
would therefore require rezoning of the property prior to development.
C) The proposed rezoning will be consistent with the uses of neighboring properties. The property
being rezoned is a portion of an approximately 106 acre tract of land, as shown in the enclosed
exhibit. The 106 acre parent tract is vacant pasture land.
The adjacent properties across Highway 112 to the east are zoned C-2 (Thoroughfare
Commercial), and the 112 Drive in movie theater is located to the southeast of the property to be
rezoned. These properties are commercial uses.
The majority of the property to the north is R -A (Residential -Agricultural), but the primary
buildings on this tract are in the I-] (Light Industrial) district, which is also a commercial use. A
portion of the property north of the west end of the 25.9 acres being rezoned is included in the
district. ,
;ern 1 W_ s r P '1"hP C 11 nukanl P F_, 111 S. 1?nan J. M� -., P E. Tim J M,1. P.E.
(I ,ud,L"IkmJ
• • • 1
ENGINEERING SERVICES INC.
Fayetteville Development Services Department
October 29, 2013
Page 2
The property adjacent to the northwest and at the west end of the tract being rezoned is also
included in the RPZD district.
The property to the southwest of the tract being rezoned which is near but not adjacent to the 25.9
acre tract is a single family use in the R -A (Residential -Agricultural) district.
To the south of the property being rezoned is the remainder of the parent tract, which is included
in the RPZD district. This property, as noted previously, is currently vacant. Along the south end
of the parent tract is a commercial development along Truckers Drive, with CPZD, R -A, and 1-1
zoning. South of that development is Sam's Club, a commercial use.
The majority of properties along Highway 112 near the tract being rezoned are commercial uses,
which will relate well to proposed zoning for the properly. No conflict with adjacent properties
regarding land use is anticipated.
The property will be accessed by Highway 112, a major north -south transportation route. The
proposed rezoning is not anticipated to adversely impact traffic conditions. The proposed
rezoning will not change the appearance of the subject property or adjacent property, and will
also not alter signage on the subject property or adjacent properties.
D) There are existing water and sewer lines in the area which can serve the property. There is an 8"
sewer main along the east side of Highway 112 across from the subject property. There is a sewer
manhole near the northeast comer of the property on the west side of Hwy. 112, but it is located
at an elevation above the majority of the subject property and utilizing this to serve the property
would likely require pumping. An existing 48" sewer main runs along the south property line of
the parent tract.
An existing 36" concrete water line runs along the west side of Highway 112 across the frontage
of the property to be rezoned. No private service lines are allowed to connect to this line, but
water extensions can be connected to it. A 6" water main runs along the east side of Highway 112
as well, across the highway from the subject property.
E) The Future Land Use 2030 information on the City of Fayetteville's GIS site which indicates the
property is intended to be used for a "City Neighborhood Area", which is intended to provide a
mix of residential and low -intensity uses. The purpose of the Community Services district
provided in the Unified Development Code is as follows:
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.
The Community Services district is consistent with the City Neighborhood Area.
' terry W Adettin. P.E- Philip C. Hum6nnl, P.F.. P.L.S. I Brian J. �.loora, i'.E, + Tim'. Malt, P.F.
C6mnnan.rtdm &neI PnnJ.n� n 1, Prc me, l &m'..q. iy,,,.asulting Engineers and Surveyors www.engineeringservices.com
1 e1.
ENGINEERING SERMCEMINC. I.Q
Fayetteville Development Services Department
October 29, 2013
Page 3
F) Any proposed development of the property will require the rezoning of the property. The
rezoning is justified now in order to facilitate development or sale of this property.
G) This property is located along State Highway 112, an alternate north -south route through
northwest Arkansas. There are several commercial uses already located along this section of the
highway, and the proposed rezoning is not anticipated to appreciably increase traffic danger or
congestion.
H) The proposed rezoning is not anticipated to undesirable increase the load on public services such
as schools, water, or sewer. Information regarding the availability of water and sewer
infrastructure in the area is included above. The rezoning will not result in high-density
residential development which would potentially affect schools.
1) The property is currently zoned RZD, but the time limit on development under the approved
zoning/development plan has expired. Therefore, and development of the property would require
the property to be rezoned.
Please do not hesitate to contact me if you have any questions regarding this application or need anything
further.
Thank you,
4"eW44�'
Bo Wilkins, P.E.
Enclosures
Jerry W. W. Mf.h n& P.E. I Philip C Hmr,-kn, BE, P.L.S. I Brian J. Moore, P.E. Ti. J. Mays, RE.n,
Consulting Engineers and
- . www.enginecringservices.com ®`
ENGINEERING 6ERVICE6 INC.
2C?
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RZN 13-4552
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SUBJECT PROPERTY
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- Multi -Use Trail (Existing)
Future Trailsc
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Fayetteville City Limits
LWWj4RZN 13-4552
Footprints 2010
Hillside -Hilltop Overlay District
Design Overlay Dii5trict
Design Overlay Di trict
0 225 450 900 1,350 1,600
------ Planning Area Feet
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1{
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PARK WEST
SUBJECT PROPERTY
IWM
.....r.•.... • •1•I'• ...
- Multi -Use Trail (Existing)
Future Trailsc
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Fayetteville City Limits
LWWj4RZN 13-4552
Footprints 2010
Hillside -Hilltop Overlay District
Design Overlay Dii5trict
Design Overlay Di trict
0 225 450 900 1,350 1,600
------ Planning Area Feet
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NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS
THE MORNING NEWS OF SPRINGDALE
NEWSPAPE16LLC
ON ING
RECORD
BENTTHE
COUNTY DAILY
NORTHWEST ARKANSAS TIMES
BENTON COUNTY DAILY RECORD
212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. BOX 1607, 72702147944&17001 WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
I, Holly Andrews, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville -
Ordinance 5650
Was inserted in the Regular Editions on:
January 16, 2014
Publication Charges: $ 64.85
l
Holly Andrews
Subscribed and sworn to before me
This k—\ day of � �M— , 2014.
e&\ql, A�
Notary Public (
My Commission Expires:
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
2 2 ?014