HomeMy WebLinkAboutOrdinance 5696I1111111111111111111111111111n1111111111111111111111111111111111111111{11111111
Ooo I0: 015827520002 Type. REL
Klnd: ORDINANCE
Recorded; 07/29/2014 at 10:14:31 AM
Fee Amt: $20.00 Pape f of 2
We' tngton CUUnty, AR
Kyle 5y Ivester C1 rcUlt Clerk
F11a2014-00019014
ORDINANCE NO. 5696
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 14-4703, FOR
APPROXIMATELY 6.88 ACRES, LOCATED AT THE
NORTHEAST CORNER OF WEDINGTON AND RUPPLE
ROAD FROM C-1, NEIGHBORHOOD COMMERCIAL, C-2,
THOROUGHFARE COMMERCIAL, AND I-PZD,
INDUSTRIAL PLANNED ZONING DISTRICT WESTSIDE
MINI -STORAGE 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 C-1, Neighborhood Commercial, C-
2, Thoroughfare Commercial, and I-PZD Industrial Planned Zoning District Westside Mini -
storage to CS, Community Services, as shown on Exhibit "A" 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 15th day of July, 2014.
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ATTEST:
By: Jour, f ,✓
SONDRA E. SMITH, City ClerkfFreasurer tuour!
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EXHIBIT 'A'
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Washington County, AR
I certify this instrument was filed on
07/29/2014 10:14:31 AM
and recorded in Real Estate
File Number 2014-00019014
Kyle Sylvester,7,Circuit Clerk
by
Quin Thompson
Submitted By
City of Fayetteville Item Review Form
2014-0264
Legistar File Number
07/15/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
RZN 14-4703: Rezone (NORTHEAST CORNER OF WEDINGTON AND RUPPLE ROAD/WEDINGTON ZONE 2,
400): Submitted by CITY STAFF for property located at the NORTHEAST CORNER OF WEDINGTON AND
RUPPLE ROAD within the Wedington Corridor Plan Area. The property is zoned C-1, NEIGHBORHOOD
COMMERCIAL, C-2, THOROUGHFARE COMMERCIAL, and I-PZD, INDUSTRIAL PLANNED ZONING DISTRICT,
and contains approximately 6.88 acres. The request is to rezone the property to CS COMMUNITY SERVICES.
Does this item have a cost? =
Cost of this request
Account Number
Project Number
Budgeted Item? =
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
-A_N1 (zy�t
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
CITY OF
ay evi le
ARKANSAS
MEETING OF JULY 15, 2014
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director a»�
FROM: Quin Thompson, Current Planner 0'
DATE: June 10, 2014
SUBJECT: RZN 14-4703: Rezone (NORTHEAST CORNER OF WEDINGTON AND
RUPPLE ROAD/WEDINGTON ZONE 2,400): Submitted by CITY STAFF
for property located at NORTHEAST CORNER OF WEDINGTON AND
RUPPLE ROAD within the Wedington Corridor Plan Area. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE
COMMERCIAL, and I-PZD, INDUSTRIAL PLANNED ZONING DISTRICT,
and contains approximately 6.88 acres. The request is to rezone the
property to CS COMMUNITY SERVICES.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to rezone the property
to CS, Community Services.
BACKGROUND:
The subject property is located at the northeast corner of Wedington and Rupple Road. The
properties are zoned C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial, and an
expired I-PZD, Industrial Planned Zoning District (Westside Mini -storage) and contain a total of
approximately 6.88 acres. The property directly at the northeast corner of Wedington Drive and
Rupple Road is developed with a commercial strip center, the property to the north of the
commercial center is a self -storage facility; the remainder of the property is undeveloped. Prior to
the adoption of the Tree Preservation Ordinance, the self -storage facility was rezoned subject to
a Bill of Assurance that preserved trees on the property. If the subject rezoning is approved the
Bill of Assurance would be automatically removed.
Wedington Neighborhood: Since 2006, The City's comprehensive land use plan (currently known
as City Plan 2030) set a goal to generate a complete neighborhood plan or corridor plan on a
regular basis for key areas of the City. These plans were intended to incorporate key principles
of City Plan 2030, including appropriate infill and revitalization, traditional neighborhood
development, growing a livable transportation network, assembling an enduring green network,
and attainable housing. On Thursday, October 25, 2012, the City of Fayetteville began the
planning process for the Wedington Corridor Plan. During the week of October 25 through
November 1, 2012, more than 100 citizens offered input on the vision for the Wedington Corridor
Plan area during a charrette process that included a hands-on design session, an open design
studio, and a work -in -progress session. The Wedington Corridor Plan was adopted by City
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Council on March 19, 2013. Through this collaborative process the Wedington Corridor was
envisioned as an area developed with a complete, compact and connected neighborhood
including civic, residential and commercial uses. The vision document provides implementation
steps for the near-term (0-5 years) and long-term (5-20 years). One of the first short-term goals
identified as crucial for the implementation of the Wedington Corridor Plan is a city -initiated
rezoning in key locations to enable development and re -development in traditional form and to
enhance opportunities for protection of the natural environment, responsible growth, and
revitalization.
Research and Planning Process: After adoption of the Downtown Master Plan, Walker Park
Master Plan, and Fayette Junction Master Plan, the City of Fayetteville rezoned numerous
properties within the project boundary to zoning districts that were consistent with the vision and
goals of each plan. The same methodology and process is being used in the Wedington Corridor
Plan Area. This area has been one of the fastest growing areas in the City of Fayetteville in the
last decade, contains a significant amount of undeveloped land and continues to receive
increased development pressure. When beginning the planning process for the rezoning
proposal, Planning staff identified priority areas that are considered critical to the success of the
Wedington Corridor Plan. The subject property is a high priority area as the intersection of
Wedington/Rupple is identified as a potential location for the "heart of the neighborhood" in the
plan. The subject property is currently regulated by zoning districts that are not consistent with
the Wedington Corridor Plan. Based on this information, staff determined the most appropriate
zoning district(s) that would bring the property into alignment with the plan and the goals of City
Plan 2030.
City Plan 2030 Future Land Use Plan designates this site as the Complete Neighborhood
Plan/Wedington Corridor Plan Area, The Wedington Corridor plan document and illustrative
map provide a vision and a framework for transforming and taming an arterial roadway and
interstate interchange while creating a more livable neighborhood that is complete and connected.
The CS zoning district is consistent with planning objectives, principles, and policies put forward
in the Wedington Corridor Plan. The proposed zoning is compatible and consistent with the vision
for this property which calls for a variety and mix of nonresidential and residential uses in a
traditional development pattern.
Notification and Public Comment: Planning staff sent letters via certified mail to each property
owner, summarizing the key elements of the Wedington Corridor Plan, describing staffs rezoning
proposal for the specific property and noting the public hearing date, time, and location. Planning
staff also spoke with the owners of the properties proposed to be rezoned. Mr. Tobin (who owns
the commercial strip center at the corner of Wedington/Rupple) objects to this rezoning, and Mr.
Caudle (who owns the self -storage facility) is in favor of the rezoning.
DISCUSSION:
On June 9, 2014 the Planning Commission forwarded this item to the City Council with a
recommendation of approval with a vote of 6-0-0.
BUDGET/STAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
Planning Commission Staff Report
GAETC\Development services Review\2014\Development Review\
14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)\
04 City Council\07-15-2014
OFFICE OF THE
C iFY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney
DATE: June 12, 2014
Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
Patti Mulford
Paralegal
RE: Loss of Bill of Assurance to protect trees that screen mini -storage
units on Rupple Road
As Planner Quin Thompson points out in his memo: "Prior to the
adoption of the Tree Preservation Ordinance, the self -storage facility was
rezoned subject to a Bill of Assurance that preserved trees on the property.
If the subject rezoning is approved the Bill of Assurance would
automatically be removed."
I believe the Bill of Assurance was offered by the owner to the City to
permit his construction of mini -storage units on this once forested
property. As you can see on page 22, these trees are located along the
borders of the mini -storage facility to screen it from neighboring
residential, commercial and mixed use property. Mini -storage unit
construction became so controversial and the focus of such neighborhood
opposition about a decade ago that it was placed in its own use unit (38)
and not allowed in any regular residentially zoned districts, nor in R -O,
Neighbor Services, Neighbor Commercial, Community Services or any
Downtown Zoning districts. It is allowed in Thoroughfare Commercial (C-
2), Urban Thoroughfare, Heavy Commercial, Light Industrial (I-1), and
I
General Industrial (I-2) only as a Conditional Use. Screening from
neighboring lots is always a consideration {see § 163.02 (C)(3)(c)(ii)e} for a
Conditional Use and would normally be required by the Planning
Commission when granting a Conditional Use for a proposed mini -storage.
I believe by rezoning this parcel the existing (as required by the
current Bill of Assurance) trees that at least partially screen the mini -
storage facility from neighboring residential, commercial and mixed used
parcels would be endangered. Hopefully, the owner would not cut down
the currently protected trees, but as Quin has pointed out their protection
would be lost if this rezoning is approved.
ej
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 14-4703, FOR
APPROXIMATELY 6.88 ACRES, LOCATED AT THE
NORTHEAST CORNER OF WEDINGTON AND RUPPLE
ROAD FROM C-1, NEIGHBORHOOD COMMERCIAL, C-2,
THOROUGHFARE COMMERCIAL, AND I-PZD,
INDUSTRIAL PLANNED ZONING DISTRICT WESTSIDE
MINI -STORAGE 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 C-1, Neighborhood Commercial, C-
2, Thoroughfare Commercial, and I-PZD Industrial Planned Zoning District Westside Mini -
storage to CS, Community Services, as shown on Exhibit "A" 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
By:
LIONELD JORDAN, Mayor
day of 2014.
ATTEST:
SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT 'A'
14-4703
RZN 14-47031 WEDINGTON ZONE 2
Close Up View
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Footprints 2010
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Design Overlay District
Design Overlayistrict
0 125 250 500 750 1,000
------ Planning Area Fee,
CITY OF
FayTeedolle PLANNING COMMISSION MEMO
NSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Current Planner
MEETING DATE: jtiie so, 28114 Updated June 10, 2014
SUBJECT: RZN 14-4703: Rezone (NE CORNER OF WEDINGTON AND RUPPLE
ROADANEDINGTON ZONE 2, 400): Submitted by CITY STAFF for
property located at NE CORNER OF WEDINGTON AND RUPPLE ROAD
within the Wedington Corridor Neighborhood Plan Area. The property is
zoned C-1, NEIGHBORHOOD COMMERCIAL, C-2, THOROUGHFARE
COMMERCIAL, and I-PZD, INDUSTRIAL PLANNED ZONING DISTRICT
and contains approximately 6.88 acres. The request is to rezone the
property to CS COMMUNITY SERVICES
RECOMMENDATION:
Staff recommends forwarding RZN 14-4703 to the City Council with a recommendation for
approval.
BACKGROUND:
The subject property is located north of Wedington and east of Rupple Road. The properties are
zoned C-1, Neighborhood Commercial, C-2, Thoroughfare Commercial, and an expired I-PZD,
Industrial Planned Zoning District (Westside Mini -storage) and contain a total of approximately
6.88 acres. The property directly at the northeast corner of Wedington Drive and Rupple Road is
developed with a commercial strip center, owned by Pat and Darlene Tobin, the property to the
north of the commercial center is a self -storage facility, owned by Dennis Caudle; the remainder
of the property is undeveloped. Prior to the adoption of the Tree Preservation Ordinance, the self -
storage facility was rezoned subject to a Bill of Assurance that preserved trees on the property. If
the subject rezoning is approved the Bill of Assurance would be automatically removed.
Surrounding land use and zoning is depicted on Table 1.
On May 12, 2014, the Planning Commission tabled this item at the request of the applicant (City
of Fayetteville) to allow more time for public notification.
Mailing Address: Planning Commission
113 W. Mountain Street "@j.lag@ttleville-ar.gov
Fayetteville, AR 72701 Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 1 of 26
Table 1
Surrounding Land Use and Zoning_
use I Zoning
Ncrth Multi-famil ResidentialR-PZD, Residential Planned Zoning District _
South I Bank; Airways Freight I C-1, Neighborhood Commercial. R -O, Residential Office
Services
Wedington Neighborhood- Since 2006, The City's comprehensive land use plan (currently known
as City Plan 2030) has set a goal of using a charrette process to generate a complete
neighborhood plans or corridor plans on a regular basis for key areas of the City. These plans
were intended to incorporate key principles of City Plan 2030, including appropriate infill and
revitalization, traditional neighborhood development, growing a livable transportation network,
assembling an enduring green network, and attainable housing. On Thursday, October 25, 2012,
the City of Fayetteville began the planning process for the Wedington Corridor Neighborhood
Master Plan, a complete neighborhood plan that incorporates the key principles, goals, and
objects of City Plan 2030. During the week of October 25 through November 1, 2012, more than
100 citizens offered input on the vision for the Wedington Corridor Neighborhood Master Plan
area during a charrette process that included a hands-on design session, an open design studio,
and a work -in -progress session.
Through this collaborative process, Wedington Corridor is envisioned as an area that integrates
the built and natural environment to encourage this area to develop as a complete, compact and
connected neighborhood with civic, residential and commercial uses. The vision document
provides implementations steps for the near-term (0-5 years) and long-term (5-20 years). One of
the first short-term goals identified as crucial for the implementation of the Wedington Corridor
Plan vision is a city -initiated rezoning in key locations to enable development in traditional form
and to enhance opportunities for protection of the natural environment, responsible growth, and
revitalization within the area. The Illustrative Master Plan is attached to this staff report.
Research and Planning Process: After adoption of the Downtown Master Plan, Walker Park
Master Plan, and Fayette Junction Master Plan, the City of Fayetteville rezoned numerous
properties within the project boundary to zoning districts that were consistent with the vision and
goals of each plan. The same methodology and process is being used in the Wedington Master
Plan Area. The Wedington Corridor Master Plan area was one of the fastest growing areas in the
City of Fayetteville in the last decade, and still contains a significant amount of undeveloped land
that is expected to receive increased development pressure in the near future.
When beginning the planning process for the rezoning proposal, Planning staff identified priority
areas that are considered critical to the success of the Wedington Corridor Master Plan vision.
Staff found that several of those properties were regulated by zoning districts that are not
consistent with the Wedington Corridor Master Plan. Based on this information, staff determined
the most appropriate zoning district(s) that would bring the properties into alignment with the
Wedington Corridor Master Plan and the goals of City Plan 2030.
Notification and Public Comment: Planning staff sent an letters via certified mail to each subject
property owner, summarizing the key elements of the Wedington Neighborhood Plan and
describing staffs rezoning proposal for the specific property and noting the public hearing date,
time, and location. Sample letters are included in this staff report. Planning staff also spoke with
Planning Commission
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14-4703 RZN (Wedington Zone 2)
Page 2 of 26
the property owners in the rezoning area. Mr. Tobin objects to this rezoning, and Mr. Caudle is in
favor of the rezoning.
DISCUSSION:
Request: The City of Fayetteville requests to rezone approximately 6.88 acres from C-1, C-2, and
I-PZD to CS, Community Services.
All land uses present at the time of rezoning will be protected under UDC Section 164.12 Non-
conforming Structures, Uses, and Lots. The existing self -storage use would be the only use that
would become a non -conforming use within the CS zone. The CS zone expands the number of
uses allowed by right and by Conditional Use Permit over and above those allowed within the C-
1 zone.
INFRASTRUCTURE:
Streets: The site has access to Rupple Road and Wedington Drive. Wedington Drive is a
fully improved 4 -lane state highway. Rupple road is fully improved at the
intersection with Wedington Drive, but has open ditches on its west side at the
northern property frontage onto Rupple Road. Required improvements would be
determined at the time of development.
Water: Public water is accessible to the portion of the site adjacent to Rupple Road. A 6"
water main is present in Rupple Road. Public water is not available to the
Wedington Drive frontage and would have to be extended from the south side of
Wedington Drive north to the property.
Sewer: Sanitary sewer is available to the site. A 6" main exists on the north side of
Wedington Drive and an 8" main exists in Rupple Road.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. This property is not affected by the 100 -year floodplain or
the Streamside Protection Ordinance.
Fire: This development will be protected by Engine 7 located at 835 Rupple Road. It is
0.25 miles from the station with an anticipated response time of 1 minute to the
beginning of the development. The Fayetteville Fire Department does not feel this
rezoning will affect calls for service or response times.
Police: The Police Department did not have any concerns with this request.
Planning 2 Commission
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PLANNING COMMISSION ACTION: Required
Date: June 09, 2014 Cl Tabled X Forwarded O Denied
Motion: Chesser
Second: AUt y
Vote: 6-0-0
CITY COUNCIL ACTION: Required
Date: July 07, 2014 O Approved O Denied
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
this site as the Complete Neighborhood Plan/Wedington Corridor Plan Area. The Wedington
Corridor plan document and illustrative map provide a vision and a framework for transforming
and taming an arterial roadway and interstate interchange while creating a more livable
neighborhood that is complete and connected.
WEDINGTON CORRIDOR PLAN: Wedington Corridor Illustrative Plan, approved March 19, 2013
by the City Council, identifies an area near the Rupple Road and Wedington Drive intersection as
the future 'heart' of the west Wedington neighborhood, and encourages a walkable residential
and commercial destination that would serve as a central node in this expanding part of the City.
Wedington Corridor Plan, pg. 37:
At the [Wedington Corridor Design] charrette the public overwhelmingly
expressed a desire to see a walkable urban center develop at the intersection of
Wedington Drive and Rupple Road. At this time, a number of sizable parcels of
land are undeveloped northwest of this intersection. The illustrative plan envisions
this area as a complete, compact and connected neighborhood with civic,
residential and commercial uses. The utilization of the City's form based zoning
districts will be essential to ensure that the development pattern prescribed here
is walkable and urban. Form based zoning districts are also much more flexible
in allowing for a variety of residential and commercial densities and intensities.
This encourages a diverse mixture of building types, scales and uses that are not
separated from each other but instead are co -mingled to create a unified,
sustainable and cohesive whole.
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.
Planning Commission
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Finding: Staff finds that the proposed zone is consistent with planning objectives,
principles, and policies put forward in the Wedington Neighborhood Plan,
which states that:
"The utilization of the City's form based zoning districts will be essential to
ensure that the development pattern prescribed here is walkable and
urban. Form based zoning districts are also much more flexible in allowing
for a variety of residential and commercial densities and intensities. This
encourages a diverse mixture of building types, scales and uses that are
not separated from each other but instead are co -mingled to create a
unified, sustainable and cohesive whole."
The proposed zoning is compatible and consistent with the Wedington
Corridor Plan vision for this property which calls for a variety and mix of
nonresidential and residential uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified and needed as the first step
of implementation for the Wedington Corridor Plan, as adopted by the
Fayetteville City Council, to allow for the continuance of the existing land
uses, and to encourage the future redevelopment of specific properties in
accordance with the City's planning policies and objectives.
City Plan 2030 goal number three calls for "making traditional town form the
standard." Traditional town form is identified by an urban development
pattern that prioritizes an interconnected street network with buildings that
are placed near the street and parking located to the side or preferably the
rear of the site. Currently, the Wedington Corridor is primarily zoned utilizing
suburban commercial, office and multi -family zoning districts. These zoning
districts prescribe the existing suburban development pattern seen today
along the corridor and it has created unintended consequences that should
not be repeated going forward if the goal is to create a walkable urban core
in this area.
In order to encourage the desired development patterns, it is critical to
implement form -based zoning codes that are designed for this purpose.
The Wedington Corridor Plan indicates that this area should be planned as
part of the commercial and social 'heart' of the wider Wedington
neighborhood. The property is currently zoned as C-1, C-2, and I-PZD. These
zoning districts are generally incompatible the Wedington Corridor Plan.
The proposed CS, Community Services, zoning district would allow for a
variety of residential types, offices, and commercial businesses that are
located adjacent to the street instead of being set back in a typical
automobile -oriented development pattern that discourages pedestrian traffic
and re-creates sprawling thoroughfare development as seen throughout the
Wedington corridor where development has taken place in recent years.
Several properties have recently been rezoned, or rezoning has been
requested, within the Plan boundary that do not meet current policies and
Planning Commission
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Page 5 of 26
objectives. It is critical to the success of the Wedington Corridor Plan to
have appropriate zoning in place before development is initiated.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The properties primarily consist of developed land, currently in uses that
would be allowed or protected under the proposed zoning district. Increased
traffic volumes are unlikely given that the existing and proposed zoning
permit similar uses.
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 could increase population density as CS is a mixed
use zoning that permits residential use. However given the small size of the
proposed rezoning and unlikely use of this busy corner for residential use it
is not likely the subject property would be redeveloped for a high density
project. Public service providers have reviewed the rezoning request and do
not anticipate an undesirable increase on provision of public services.
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 whetherthe 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
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Existing and proposed zoning criteria
• Fire Department comments
• Police Department comments
• Staff's request letter
• Property owner notification letters
• Rezoning exhibit/aerial photo
• Current land use map
• Close up map
• Future land use map
• One mile map
• Wedington Corridor Illustrative Master Plan
Planning Commission
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Planning Commission
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Page 7 of 26
161.18 District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide
convenience goods and personal services for persons living in the surrounding residential
areas.
(B) Uses.
(1) Permitted uses.
Unit1
City-wide uses by right
Unit 5
Government Facilities
Unit 13
Eating laces
Unit 15
Neighborhood shoppino
Unit 18
Gasoline service stations and
drive-in/drive through restaurants
Unit 25
71
Offices, studios, and related
services
Unit 44 1
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 16
Shopping oods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments"
Unit 36
Wireless communications
facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and area regulations. None
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed
50 ft.
between the right-of-way
and the building
Side
None
Side, when contiguous to a
10 ft.
residential district
Planning Commission
GAIRTMDevelopment Services Review\20141Development Review\14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)M-0fAA14
Commission\6-09-2014\Comments and Redlines Agendt, m 4
14-4703 RZN (Wedington Zone 2)
Page 8 of 26
Rear 120 ft.
(F) Building height regulations.
Building Height 56 ft.*
Maximum
*Any building which exceeds the height of 20 feet shall be setback from any boundary line of
any residential district a distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total
area of such lot.
(Code 1965, App. A., AR. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A),
6-16-98; Ord. No. 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5195, 11-8.08; Ord. 5312, 4.20.10; Ord, 5339, 8-3-10; Ord. 5462, 12-6-
11; Ord, 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commission
0:1EMDevelopment Services Review12014\Development ReviewN14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)\03'i0(AA014
Commissiont6-09-2014\Comments and Redlines Agenda item 4
14-4703 R7N (Wedington Zone 2)
Page 9 of 26
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
Eatinq places
Unit 15
Neighborhood Shopping
goods
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
Unit 44
Cotta a Housin Develo ment
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional uses.
Unit 2
City-wide uses by
conditional use permit
Unit 3
Public protection and utility
facilities
Unit 14
Hotel, motel and amusement
services
Unit 16
Shopping oods
Unit 17
Transportation, trades and
services
Unit 19
Commercial recreation, small
sites
Planning Commission
WETC\Cevelopment Services Review\20140evelopment Review114-4703 RZN Wedinglon and Rupple Rd (Wedington Zone 2)\03,01]ARr 14
Commission\6-09-2014\Comments and Redfines Agenda em 4
14-4703 RZN (Wedinglon Zone 2)
Page 10 of 26
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
(D) Bulk and area regulations.
(1) Lot width minimum.
Dwellin 18 ft.
All others I 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-
fanU residential district:
(F) Building Height Regulations.
Building Height 56 ft.
Maximum
(G) Minimum buildable street frontage. 50% of the lot width.
(Ord 5312, 4-20-10; Ord 5339, 8310; Ord 5462,12-6-11; Ord. 5592,6-18-13; Ord 5664,2-18-14)
Planning Commission
G:\ETC\Development Services Review2014\Development Review\14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)\031ftlilir14
Commission\6-09-2014\Comments and Redlines Agenda V,m 4
14-4703 RZN (Wedington Zone 2)
Page 11 of 26
161.20 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the
functional grouping of these commercial enterprises catering primarily to highway travelers.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit
Eating places
13
Unit
Hotel, motel, and amusement
14
facilities
Unit
Shopping goods
16
Unit
Transportation trades and services
17
Unit
Gasoline service stations and drive -
18
in/drive through restaurants
Unit
Commercial recreation, small sites
19
Unit
Commercial recreation, large sites
20
Unit
Offices, studios, and related
25
services
Unit
Adult live entertainment club or bar
33
Unit
Liquor store
34
Unit
Cottage Housing Development
44
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit
Warehousing and wholesale
21
Unit
Center for collecting recyclable
28
materials
Unit
Dance Halls
29
Unit
Sexually oriented business
32
Unit
Outdoor music establishments
PlanningCommission
GAETCOevelopment Services RevieM2014\Development Review\14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)\03tRAo,Q112tem 4
Commission\6-09-2014\Comments and Redlines
14-4703 RZN (Wedington Zone 2)
Page 12 of 26
35
15 ft.
Unit
Wireless communications facilities
36
Unit
Mini -storage units
38
Unit
Sidewalk Cafes
40
15 ft.
Unit
Clean technologies
42
Unit
Animal boarding and training
43
(C) Density. None.
(D) Bulk and area regulations. None.
(E) Setback regulations.
Front
15 ft.
Front, if parking is
50 ft.
allowed between the
right-of-way and the
building
Side
None
Side, when contiguous
15 ft.
to
a residential district
Rear
20 ft.
(F) Building height regulations.
Building Height 75 ft.*
Maximum
"Any building which exceeds the height of 20 feet shall be set back from a boundary line of
any residential district a distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total
area of such lot.
(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;
Ord 5592, 6-18-13; Ord. 5664, 2-18-14)
Planning Commission
GAETC\Development Services Review\20140evelopment Review\14-4703 RZN Wedington and Rupple Rd (Wedington Zone 2)\03-OFAA 14
Commission\6-09-20141Comments and Reclines Agenda em 4
14-4703 RZN (Wedington Zone 2)
Page 13 of 26
To:
From:
Date:
Re:
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone(479)575-8365 Fax(479)575-0471
Quin Thompson
Will Beeks
April 10, 2014
14-4703
This development will be protected by Engine 7 located at 835 Rupple Rd.
It is .25 miles from the station with an anticipated response time of 1 minute 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.
Will Beeks
Assistant Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 14 of 26
CITY • ay
PCLIC@
lir t
ARKANSAS
MEMORANDUM
TO: Jesse Fulcher
FROM: Captain Jamie Fields
Corporal Kevin Phillips
DATE: April 15, 2014
SUBJECT: 14-4703 RZN Wedington — Rupple
In reviewing the rezoning, the Fayetteville Police Department has no issue with the request at
this time. When plans are made for future development, we will review the information and
provide a response.
FAYETTEVILLE POLICE DEPARTMENT Planning Commission
100 W. Rock Street vilym.pa0e6ville-ar.gov
Fayetteville, AR 72701-6057 Agenda item 4
14-4703 RZN (Wedington Zone 2)
Page 15 of 26
CITY OF
aye tg—iNSlle
April 1, 2014
Craig Honchell, Chair
Planning Commission
City of Fayetteville, Arkansas
113 W. Mountain St
Fayetteville, AR 72701
Re: Rezone Request-Wedington Road
Dear Planning Commission Chair,
Please accept this letter as a formal request to allow the rezoning of property located at the
intersection of Wedington Road and Rupple Road from C-1, Neighborhood Commercial and C-
2, Thoroughfare Commercial to CS, Community Services. The City of Fayetteville is making this
request because current zoning no longer matches City of Fayetteville planning goals and
principles as adopted with the Wedington Corridor Master Plan (October 25, 2012.)
In order to implement the adopted goals of the Wedington Corridor Master Plan, planning staff is
working to rezone properties within the boundaries of Master Plan area. The property is
currently developed, and while staff does not foresee redevelopment in the near future, it is
appropriate to rezone the subject properties before redevelopment is proposed.
Existing uses will be protected and limited by ordinance (UDC 164.12) and the existing
businesses will not be adversely impacted by the rezone.
The City Plan 2030 Future Land Use Map designates this property and surrounding properties
as City Neighborhood Area.
Should any additional information be required to process this request, please do not hesitate to
contact me.
Sincerely,
Quin Thompson
Current Planner
City of Fayetteville Development Services
othomosonaci.favetteville.ar.us
479-575-8327
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 77701
CITY PLANNING
www.fayetteville-ar.gov
Planning Commission
June 9, 2014
Agenda Item 4
144703 RZN (Wedington Zone 2)
Page 16 of 26
CITY OF
•
yPVIRKAN$Ae
May 21, 2014
Dennis Caudle
c/o West Side Storage, Inc.
1192 N Rupple Road,
Fayetteville, AR 72704
RE: Wedington Plan Rezoning (Revised Hearing Date)
Dear Mr. Caudle,
This letter is in reference to your property, parcel #765-16231 -000, located northeast of
the intersection of Wedington and Rupple Roads, and within the Wedington Corridor
Neighborhood Master Plan area. On Thursday, October 25, 2012, the City of Fayetteville
began the planning process for the Wedington Corridor Neighborhood Master Plan, a
complete neighborhood plan that incorporates the key principles, goals, and objects of
City Plan 2030. During the week of October 25 through November 1, 2012, more than
100 citizens offered input on the vision for the Wedington Corridor Neighborhood Master
Plan area during a charrette process that included a hands-on design session, an open
design studio, and a work -in -progress session.
As an initial step in the process of building this vision, planning staff will bring forward a
rezoning proposal to the Planning Commission on June 09, 2014 and propose to rezone
your property (the parcel referenced above) from C-2, Thoroughfare Commercial and I-
PZD (expired) to CS, Community Services. Included in this letter are the uses and criteria
for the current zoning districts (C-2, Thoroughfare Commercial.) and the proposed zoning
district (CS, Community Services.) Should you have any questions or concerns about this
information, please contact me.
Project Descril ion:
The City of Fayetteville proposes to rezone select properties, being within the Wedington
Corridor Neighborhood Master Plan area, from C-2, Thoroughfare Commercial and I-
PZD (expired) to CS, Community Services.
Public Hearinas:
At the request of the applicant (City of Fayetteville,) this request was tabled at the Planning
Commission meeting of May 12, 2014.
The next scheduled public hearing on the rezoning proposal is the Planning Commission meeting
at 5:30 PM on June 09, 2014-1113 West Mountain Street (City Administration Building, Rm 219)
Fayetteville, AR 72701.
Mailing Address:
113 W Mountain Street
Fayetteville, AR 72701
w Jayetteville-ar.gov
Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 17 of 26
Review Location:
Additional project Information Is available for public review at the City of Fayetteville Planning
Division, 125 West Mountain Street, Fayetteville, AR 72701, Monday - Friday between 8:00 AM
and 5:00 PM.
Regards,
Quin Thompson
Current Planner
City of Fayetteville
Ph 479-575-8327
Lham son fa ettevllle-ar. v
att: C-2 Zoning District
CS Zoning District
Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 18 of 26
CITY OF
yI%v' le
ARKANSAS
May 21, 2014
Patrick J & Darlene Tobin
2901 N Tobin Ln
Fayetteville, AR 72703-6409
RE: Wedington Plan Rezoning (revised hearing date)
Dear Mr. & Mrs. Tobin,
This letter is in reference to your properties, parcels #765-16232-000 and #765-16233-000,
located northeast of the intersection of Wedington and Rupple Roads, and within the Wedington
Corridor Neighborhood Master Plan area. On Thursday, October 25, 2012, the City of Fayetteville
began the planning process for the Wedington Corridor Neighborhood Master Plan, a complete
neighborhood plan that incorporates the key principles, goals, and objects of City Plan 2030.
During the week of October 25 through November 1, 2012, more than 100 citizens offered input
on the vision for the Wedington Corridor Neighborhood Master Plan area during a charrette
process that included a hands-on design session, an open design studio, and a work -in -progress
session.
As an initial step in the process of building this vision, planning staff will bring forward a rezoning
proposal to the Planning Commission on June 09, 2014, and propose to rezone your property
(the parcel referenced above) from C-1, Neighborhood Commercial to CS, Community Services.
Included in this letter are the uses and criteria for the current zoning districts (C-1,
Neighborhood Commercial) and the proposed zoning district (CS, Community Services.) Should
you have any questions or concerns about this information, please contact me.
Project Description:
The City of Fayetteville proposes to rezone select properties, being within the Wedington
Corridor Neighborhood Master Plan area, from C-1, Neighborhood Commercial to CS,
Community Services.
Public Hearings:
At the request of the applicant (City of Fayetteville,) this request was tabled at the Planning
Commission meeting of May 12, 2014.
The next scheduled public hearing on the rezoning proposal is the Planning Commission meeting
at 5:30 PM on June 09, 2014; 113 West Mountain Street (City Administration Building, Rm 219)
Fayetteville, AR 72701.
Review Location:
Additional project information is available for public review at the City of Fayetteville Planning
Division, 125 West Mountain Street, Fayetteville, AR 72701, Monday - Friday between 8:00 AM
and 5:00 PM.
Mailing Address:
113 W. Mountain Street w Jayetteville-ar.gov
Fayetteville, AR 72701 Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 19 of 26
Respectfully,
Quin Thompson
Current Planner
City of Fayetteville
Ph: 479-575-8327
atho m oso n Ca)favettevi I le -a r.00v
att: C-1 Zoning District
CS Zoning District
Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 20 of 26
Page 22 of 26
ie 2)
RZN14-4703 WEDINGTON ZONE 2
Close Up View
RMA 118F.1 ST.
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Design Overlay District
Design Overlay istrict
0 125 250 500 750 1,000
------ Planning Area Few Planning Commission
June 9, 2014
14-4703 RZN (Wedington Zone 2)
Page 23 of 26
14-4703 RZN (Wedington Zone 2)
Page 24 of 26
14-4703 RZN (Wedington Zone 2)
Page 25 of 26
Planning Commission
June 9, 2014
Agenda Item 4
14-4703 RZN (Wedington Zone 2)
Page 26 of 26
NORTHWEST ARKANSAS DEMOCRAT -GAZETTE
NORTHWESTARKANSAS HE MO THE RNINGOOM EW SOF SPRINGDNG NEWS OF ALE
NEWSPMERSLLC BENOON COUNTY AILYR CORD
212 NORTH EAST AVENUE. FAYETTEVIEEE, ARKANSAS 72701 1 P.O. BOR 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM
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
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 -
Ord. 5696
Was inserted in the Regular Editions on:
July 24, 2014
Publication Charges: $ 71.34
i
gm
Subscribed and sworn to before me
This at{- day of D_ 2014.
Notary Public J
My Commissio Expires: 7. 42i'Z�
CATHY WILES
Arkansas - Benton County
Notary Public - Comm/ 12397118
My Commission Expires Feb 20. 2024
RECEIVED
JUL 2 5 2014
CITY CF FAYE(TEYg1E
CITY CLERK'S OFFICE
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
