HomeMy WebLinkAboutOrdinance 5651Doc ID: 015572810002 Type: REL
Kind: ORDINANCE
Recorded: 01/27/2014 at 10:12:26 AM
Fee Amt: $20.00 Page 1 of 2
Washington County, AR
Kyle Sylvester Circuit Clerk
ORDINANCE NO. 5651 File2014-00001960
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 13-4553, FOR APPROXIMATELY 6.12 ACRES,
LOCATED WEST OF WEDINGTON DRIVE AND GARLAND AVENUE
FROM R-PZD WEDINGTON CIRCLE, 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 Wedington Circle 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 Ph day of January, 2014.
APPROVED:
ATTEST:
By: j'l-U'6L
SONDRA E. SMITH, City Clerk/Treasurer
__ :FA1'Lli==ili a�
RZN 13-4553
Close Up View
P•1
w
Vl
2
CEDAR ST
1
Leg
EXHIBIT "A"
WEDINGTON CIRCLE
CARTER ST
. _ 4,064,.
RSP -1
w
a
J
Use Trail (Existing)
F e Trails
F tteville City Limits
SRZN 13-4553
_•i_ I Footprints 2010
— Hillside -Hilltop Ov rlay District
Design Overlay Di trict
Design Overlay Di z4rict
F
C-1
R-0
0 125 250 500 750 1,000
------ Planning Area Fe
NS
HOLLY ST
�O6Nt
COMF�tRO
li _1
i1
HUGHES ST
a
J
w
z
BERRY ST
Washington County. AR
1 certify this instrument was filed on
0J127j2ol4 111 12-'26 ANI
and recorded In Reai Estate
File Nu veste 01Circ it Cle 0
KYIe SY
by
Jesse Fulcher
Submitted By
City of Fayetteville Item Review Form
2013-0245
Legistar File Number
01/07/2014
City Council Meeting Date - Agenda Item Only
NIA for Non -Agenda Item
Action Required:
Development Services
Department
RZN 13-4553: Rezone (WEDINGTON CIRCLE, 404): Submitted by JOHN SCHMELZLE for
property located WEST OF WEDINGTON DRIVE AND GARLAND AVENUE. The property is zoned
R-PZD WEDINGTON CIRCLE and contains approximately 6.12 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:
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
iz - I.
XQ�j
A
7- l9-1�5
l_�
L10bl&
ye��evliie THE CITY OFFAYETT ENTCORARKANSAS
DEPARTMENT CORRESPONDENCE
1 AFKA NSAS
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.
The subject property is located just west of the intersection of Wedington Drive and Garland Avenue. On
February 7, 2006 the City Council approved the Wedington Circle Residential Planned Zoning District on the
subject property (R-PZD 05-1776). The property was originally zoned RMF -24, Residential Multi -family and
C-2, Thoroughfare Commercial.
The R-PZD zoning permitted a total of 296 units (428 bedrooms @ 48 units per acre), 10,000 square feet of
professional office space, and 6,500 square feet of retail space. Construction permits for the project were never
obtained and the R-PZD approval has expired.
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 corners 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 the Community Services zoning district is appropriate, 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 by a high-volume arterial
roadway, and commercial uses and multi -family land uses.
Further, the 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 potential commercial uses fronting
Wedington Drive, and medium to high density residential uses interior to the site.
THE CITY OF FAYETTEVILLE, ARKANSAS
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 13-4553, FOR
APPROXIMATELY 6.12 ACRES, LOCATED WEST OF
WEDINGTON DRIVE AND GARLAND AVENUE FROM R-
PZD WEDINGTON CIRCLE, 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 Wedington Circle 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
EXHIBIT "A"
RZN13-4553 WEDINGTON CIRCLE
Close Up view
P-1
NS
w
CARTER ST
Qi —I�
ASFd
!
HUGHES ST
Legere
w
a
I -
�
iJse Trail (Existing)
w
r�
cE4axsTII
R-0 W
•,...m..• F
e Trails
SUBJECT PROPERTY
zz
J
_ _; F
tteville City Limits
BERRY ST
HOLLYSF
JAMES ST
J
L
[C
RPZD ,
llkvi.
COIR
OarRO
w
a
J
J
W
2
AIAaTu..-.� J
I
Qi —I�
ASFd
!
HUGHES ST
Legere
w
a
�
iJse Trail (Existing)
w
r�
R-0 W
•,...m..• F
e Trails
zz
J
_ _; F
tteville City Limits
BERRY ST
f
kraj4,RZN13-4553
® Footprints 2010
_ Hillside -Hilltop Ov rlay District
[_ _! Design Overlay Di trict
Design Overlay Di trict
0 125 250 500 750 1,000
------ Planning Area rw
EXHIBIT "B"
RZN 13-4553
SURVEY DESCRIPTION ENTIRE TRACT
A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF
SECTION EIGHT (8), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF SAID 40 ACRE TRACT; THENCE NO2°56'35"E ALONG THE WEST LINE OF SAID
40 ACRE TRACT 566.29 FEET; THENCE LEAVING THE WEST LINE OF SAID 40 ACRE TRACT
S8701 1'29"E 159.72 FEET TO A SET''/," IRON REBAR FOR THE TRUE POINT OF BEGINNING;
THENCE S87°11'29"E 75.00 FEET TO A SET/d' IRON REBAR IN THE CENTER OF AN
EXISTING DRAINAGE DITCH; THENCE LEAVING THE CENTERLINE OF SAID DITCH
S8701 1'29"E 376.68 FEET TO A SET V2" IRON REBAR; THENCE NO2°56'35"E 161.54 FEET TO A
SET %" IRON REBAR; THENCE S86°36'35"E 104.60 FEET TO AN EXISTING IRON; THENCE
S03035'34W 160.02 FEET TO AN EXISTING IRON; THENCE S86°36' 12"E 177.56 FEET TO A SET
%," IRON REBAR, SAID POINT BEING N86°36' 12"W 2.48 FEET FROM AN EXISTING
CONCRETE AT THE SOUTHWEST CORNER OF LOT TEN (10) OF MCCORMICK ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, AS PER PLAT OF SAID ADDITION ON FILE IN
THE RECORDS OF THE CIRCUIT CLERK OF WASHINGTON COUNTY, ARKANSAS; THENCE
S02037'04"W 376.94 FEET TO A SET/2" IRON REBAR; THENCE S87°16'02"E 96.96 FEET TO A
SET %:" IRON REBAR;
THENCE S00050'04"W 146.31 FEET TO A SET %" IRON REBAR ON THE NORTH RIGHT-OF-
WAY OF ARKANSAS STATE HIGHWAY 16 (WEDINGTON DRIVE); THENCE ALONG SAID
RIGHT-OF-WAY LINE, THE FOLLOWING BEARINGS AND DISTANCES:
N89045'20"W 66.60 FEET TO A SET 1/2" IRON REBAR;
N74029'27"W 194.26 FEET TO A SET''/z" IRON REBAR;
N44049'05"W 202.42 FEET TO A SET %" IRON REBAR;
N56007'42"W 403.52 FEET TO A SET''/z" IRON REBAR,
S87055'48"W 84.68 FEET TO A SET''/2" IRON REBAR;
THENCE LEAVING SAID RIGHT-OF-WAY LINE, NO2056'35"E 147.22 FEET TO THE POINT OF
BEGINNING, CONTAINING 6.13 ACRES, MORE OR LESS, FAYETTEVILLE, WASHINGTON
COUNTY, ARKANSAS.
Ta e evile
ARKANSAS
TILE CIYY OF i'AYEI"fEVILLE. 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: PeeeibefLI ' M-4Jpeieted December 10, 2013
125 W. Mountain St.
Fayetteville, AR 72701
;phone: (479) 575-8267
RZN 13-4553: Rezone (WEDINGTON CIRCLE, 404): Submitted by JOHN SCHMELZLE
for property located WEST OF WEDINGTON DRIVE AND GARLAND AVENUE. The
property is zoned R-PZD WEDINGTON CIRCLE and contains approximately 6.12 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES. Planner: Jesse Fulcher
Property and Background: The subject property is located just west of the intersection of
Wedington Drive and Garland Avenue. On February 7, 2006 the City Council approved the
Wedington Circle Residential Planned Zoning District on the subject property (R-PZD 05-1776).
The property was originally zoned RMF -24, Residential Multi -family and C-2, Thoroughfare
Commercial.
The R-PZD zoning permitted a total of 296 units (428 bedrooms @ 48 units per acre), 10,000
square feet of professional office space, and 6,500 square feet of retail space. Construction
permits for the project were never obtained and the R-PZD approval has expired. Surrounding
land use and zoning is depicted on Table 1.
Table 1
Surroundinci Land Use and Zonina
Direction
from Site
Land Use
Zoning
North
Multi-family/office
RMF -24, Residential Multi -family, Residential Office
South
Sinlge-family
RSF-4, Residential Single-family
East
Commercial
C-2, Thoroughfare Commercial/C-1, Neighborhood Commercial
West
Multi -family
RMF -24, Residential Multi -family, Residential Office
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.
G: IETCIDevelopment Services Revieiv120130evelopment Revieivg3-4553 RZN (Wedinglon Circle)103 Planning CommissionI12-09.
20131Comments and Redlines
Request: The request is to rezone the 6.12 acres from R-PZD Wedington Circle to CS,
Community Services.
Public Comment: Staff received an e-mail from an adjacent property owner after the Planning
Commission meeting. The owner, at the time, objected to the rezoning proposal. However, it is
staffs understanding that the applicant for the rezoning has been in contact with the adjacent
owner, and he is no longer opposed to the request. Staff has not been able to confirm this.
RECOMMENDATION:
Staff recommends forwarding RZN 13-4553 to the City Council with a recommendation for
approval based on findings stated herein.
COMMISSION ACTION: Required YES
December 9.2013 O Tabled J Forwarded O Denied
(Motion: Tracy
Notes: Chesser
Vote: 8-0-0
CITY COUNCIL ACTION: Required YES
D Approved O Denied
Date:
INFRASTRUCTURE:
Streets: The site has access to Weddington Dr. and James Street. Weddington Dr. is a four
lane road with curb/gutter and storm drainage. James Street is an unimproved
two-lane street. Any required improvements to this road would be determined at
the time of development.
Water: Public water is available to the property. There is an 8" and 12" water main along
Wedington Drive.
Sewer: Sanitary sewer is not available to the site. There is an 8" sewer main with a
manhole just north of the adjacent Harps store to the East. A short main extension
(approximately 15 feet) would be required to bring service to the site's northeast
comer.
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.
G: IETCIDevelopment Services Revieiv120131Development ReviewV 3-4553 RZN (Wedington Circle)103 Planning Commission112-09-
20131Comments and Redlines
Fire: This development will be protected by Engine 2 located at 708 N. Garland.
It is 1 mile from the station with an anticipated response time of 2 minutes to the
beginning of the development. The Fayetteville Fire Department does not feel this
development will affect calls for service or response times.
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 intensityfrom 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 potential
commercial uses fronting Wedington Drive, and medium to high density
residential uses interior to the site.
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 allows 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 Wedington Circle 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
G.'IETCOevelopment Services Revieiv1201311)evelopinent Revlem113-4553 RZN (Wedington Crrcle)103 Planning CommissionV2-09-
20131Commenls and Redlines
by a high-volume arterial roadway, and commercial uses and multi -family
land uses.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site access has access to Wedington Drive and James Street. 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 development, which permitted 428 bedrooms and
15,000 square feet of nonresidential space. Wedington Drive is a four -lane
arterial and Garland Avenue is being widened to a four -lane boulevard.
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:IEMDevelopment Services Revie1020130evelopnzent RevieM13-4553 RZN (Wedington Circle)103 Planning ConnnissionV 2-09-
20131Comments and Redlines
be reviewed and approved by the Planning Commission as a large scale development, and may
require Preliminary/Final plat approval as well if the applicant wishes to subdivide the property.
Process: The purpose of the subject request is to allow a mixture of uses within the entire
project and create an urban environment for those who desire to live close to the University of
Arkansas and within one mile of the central downtown area. The density proposed is 48 units
per acre, with a maximum 296 units and 428 bedrooms. In order to do so, the Planned Zoning
District process was recommended. City Council approval of the proposed Master Development
Plan would effectively rezone the property based on the plans and information provided.
However, it does not give development approval. The applicant is required to return through the
preliminary plat, final plat and large scale development process, in this case, in order for the
Planning Commission to confirm that the development plans presented are compliant with the
zoning and Master Development Plans approved by the City Council.
The following bulk and area regulations are proposed by the applicant, and are included in detail
within the attached submittal:
ZONING CRITERIA: R-PZD 05-1776 (Wedington Circle)
Planning Area 1, 6.13 acres
(A) Proposed Uses.
Permitted Uses
Unit I
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12
Offices, studios and related services
Unit 13
Eati places
Unit 15
Neighborhood shopping
Unit 16
Shopping oods
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Professional offices
Unit 26
Multi -family dwellings
Conditional Uses
Unit 2
City-wide uses by conditional use
permit
Unit 18
Gasoline service stations and drive-in
restaurants
Unit 19
Commercial recreation, small sites
Center for collection recyclable
Unit 28
materials
Unit 34
Liquor Stores
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
K.IRpo0's2/005!P?D_MDP RnPnml,WoAfmin., ri—Il -P7n n5_ l 276(KAq.y,. !'j.:ja life, Cr doc
* Conditional use approval by the Planning Commission required.
(B) Density/Intensity
Density (dwelling units)
Intensity (square feet nonresidential
49* Units/Acre: Maximum 296 dwelling units
Maximum 16,576 SF
Anticipated development
Anticipated development
(not required by zoning):
(not required by zoning):
428 bedrooms
Professional Office: 10,000 SF
16 Efficiencies
Retail: 6,576 SF
156 1 -bedroom
116 2 -bedroom
8 3 -bedroom
*Staff has modified the density from 48.3 units per acre to 49 units per acre, with
the understanding that the maximum number of dwelling units allowable is 296.
(C) Bulk and area regulations.
Lot width minimum
Lot area minimum
Land area per dwelling unit
None
None
No Bedroom — 800 SF
One Bedroom — 800 SF
Two Bedroom — 1,000 SF
Three Bedroom or more— 1,200 SF
(D) Setback requirements.
Front Side Rear
0 feet 0 feet 5 feet
(E) Height. Maximum height for all structures is six stories
(F) Building area. Maximum 100% building area.
(G)Signage. Signage shall comply with the C-2 zoning requirements of the Fayetteville Sign
Ordinance. Buildings containing only residential dwellings will adhere to the RMF -24
zoning district requirements of the Fayetteville Sign Ordinance.
(H)Tree Preservation. The applicant proposes to potentially preserve approximately 18.4% of
the existing canopy on the property, though detailed site work has not been done. The
percent canopy required to be preserved in a PZD is 25%. The applicant proposes
mitigation of the 6.6% canopy with on-site tree plantings. Additionally, the applicant
proposes planting an additional 14,170 square feet of tree canopy within the AHTD right-
of-way to provide a buffer between this development and properties to the south, and to
provide additional canopy to the property. Due to the difficult nature of this site to
develop, staff is generally supportive of this proposal, and will evaluate the development
plans to retain as much canopy as possible.
K. !Repo, AMP Fepertsl Wedington CircieIR-PDn al -t 776(Wedington Cill ) Mr CC. dnr
WEDINGTON CIRCLE
226,472 S.F. RESIDENTIAL 93%
10,000 S.F. PROFESSIONAL OFFICES
6 576 S.F. RETAIL
16,576 S.F. COMMERCIAL 7%
PROPOSED DEVELOPMENT PARKING RE UIREMENTS
16
EFFICIENCIES
156
1BEDROOM
116
2 BEDROOM
8
3 BEDROOM
296
MULTI FAMILY UNITS
428 BEDROOMS TOTAL
428 BEDROOMS 1:1 428
10,000 S.F. OFFICE 1:200 50
6.576 S.F. RETAIL 1250 26
504
PARKING PROVIDED
LESS 30% -151
PARKING REQUIRED 353
ON STREET PARKING
58
WEDINGTON GATES
11
TRIANGLE BUILDING
49
MAYFAIR BUILDING
100
WINSLOW BUILDING
87
FULTON BUILDING
87
TOTAL PARKING PROVIDED 392
s
1 ICIIIn//7TA/ /'�/D/
14
i
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 throw h 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 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
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.
M 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.
kBading Height Maximum 56 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:
Jesse Fulcher
From:
Harley Hunt
Date:
November 13, 2013
Re:
RZN 13-4553
THE CITY OF FAYETTEVILLE, ARKANSAS
FIRE DEPARTMENT
TIMIT 303 West Center Street
Fayetteville, AR 73701
P (479) 575-8365 F (479) 575-0471
This development will be protected by Engine 2 located at 708 N. Garland.
It is 1 mile from the station with an anticipated response time of 2 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
CAP REO,1 LLC Responses to Question 5 on Rezoning Checklist
a. Current owner is CAP REO 1, LLC 1308 NW Everett Street Portland, OR
97201. There is currently no proposed or pending sale of this property.
b. This property is currently unzoned and our understanding is the Planning
Department and Development Services is working to reduce the list of
properties within the city of Fayetteville with no zoning designation. The
previous owner had the property approved under a PZD which has since
expired thereby leaving this site with no zoning designation.
c. The proposed zoning of Community Services appears to conform to the
surrounding properties on Weddington which consist of commercial and
multifamily and would fall within the guidelines of Community Services.
d. See attached
e. According to Jesse Fulcher of the Fayetteville Planning Department, the
requested zoning falls within the city's planning objectives, principals, and
policies associated with land use and long term zoning plans.
Our request comes after careful consideration of all available zoning
designations, discussions with both the Fayetteville Planning Department
and Development Services Department about their long term plans for the
area and at the request of Jeremy Pate, Development Services Director who
requested we submit an application for zoning as his department is assisting
in obtaining a zoning designation for the list of parcels in the city currently
unzoned.
g. We have no development plans for the site; however this property was
previously approved for a high density multi -family development in a PZD
thus indicating the presence of a sufficient infrastructure to handle a future
development which would fall into a commercial use under the Community
Services zoning designation.
h. We have no development plans for the site however the above answer
applies to this question as well
N/A -This property is currently unzoned
N
aamronnr axav
'�
s, - e� � i
�'` :LU .. �
��
ti. � � .. � xu< a
�.��� �� �
l.� �L
-_�:
����
RZN13-4553 WEDINGTON CIRCLE
Close Up View
lys
Q> CARTER ST -'
L
6F
M
o4NTc
oM'�o
CEDAR ST
SUBJECT PROPERTY
HOLLY ST
w
JAMES ST a
J
J
❑
Z
' J
- _ RPZD _
I I I u
I r _
u
z
J
'FIR14Cdegen
- w HUt:IiES ST
J
Wse ,Trei4(E)dstingj
F eVI.Q City, Lim Is BERRY
LUQj4RZN13-4553
Footprints 2010
® Hillside -Hilltop Ov rlay District
Design Overlay Di trict
Design Overlay Di trict
0 t25 250 500 750 1,000
------ Planning Area Fee
NORTHWEST ARKANSAS DEMOCRATGAZETTE
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
NEWSPAPERSLLC ENTF ROGERS
ONCOUNTYARKANSAS
THE MORNING NEWS RETIMES
CORD
212 NORTH EAST AVENUE, FAYETTEVILLE. ARKANSAS 72701 1 P.O. Box 1607, 72702 479-442-1700 1 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 5651
Was inserted in the Regular Editions on:
January 16, 2014
Publication Charges: $ 64.85
Holly Andrews
Subscribed and sworn to before me
This n day of 2014.
ewt'\
Notary Public
My Commission Expires: 2Jzo
llr
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
JAN 2 2 2014
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE