HomeMy WebLinkAboutORDINANCE 5891.. ti,, I IIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIIII IIII III
Doc ID: 017054160005 Type: REL
Kind: ORDINANCE
Recorded: 09/09/2016 at 09:18:38 AM
Fee Amt: $35.00 Page 1 of 5
Washington County, AR
113 West Mountain Kyle Sylvester Circuit Clerk
Street Fayetteville, File2016-00026308
AR 72701
(479) 575-8323
Ordinance: 5891
File Number: 2016-0308
RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-
5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094 EAST DRAKE STREET FROM R-O,
RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL AND C-2, COMMERCIAL
THOROUGHFARE TO UT, URBAN THOROUGHFARE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-O, Residential Office, R-A, Residential
Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map
of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 7/5/2016
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Sondra E. Smith, City Clerk
Treasurer
Page I Printed on
716116
RZN 16-5438 PENDERGRAFT
Close Up View
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Legend
IL G Planning Area
L e Fayetteville City Limits
Shared Use Paved Trail
— , Trail (Proposed)
Design Overlay District
Building Footprint
ISLEY S1 j
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Feet
0 225 450 900 1,350 1,800
1 inch = 623 feet
NORTH
7A
APPLE
c
M Residential -Agricultural
RMF-24
Residential -Office
C-2
C-3
P-1
16-5385
EXHIBIT 'B'
FALLING WATERS REZONINING LEGAL DESCRIPTION:
A part of the NE1/4 of Section 25, T16N, R30W in Washington County, Arkansas, and
being described as follows: Commencing at the NE Corner of said Section 25, thence
S02032'04"W 376.66 feet to the POINT OF BEGINNING; thence S02°32'04"W 727.54
feet, thence N87027'56"W 20.00 feet, thence S02032'04"W 108.23 feet, thence along a
curve to the right 80.77 feet, said curve having a radius of 171.50 feet and a chord
bearing and distance of S16001'36"W 80.03 feet, thence S29031'08"W 281.04 feet,
thence along a curve to the right 240.07 feet, said curve having a radius of 371.50 feet
and a chord bearing and distance of S48001'53"W 235.91 feet, thence S66032'39"W
762.53 feet, thence along a curve to the right 41.65 feet, said curve having a radius of
171.50 feet and a chord bearing and distance of S73030'05"W 41.55 feet, thence
S80027'32"W 167.81 feet, thence along a curve to the left 127.89 feet, said curve
having a radius of 128.50 feet and a chord bearing and distance of S51 °56'51 "W
122.67 feet, thence S23026'09"W 154.23 feet, thence along a curve to the right 78.75
feet, said curve having a radius of 371.50 feet and a chord bearing and distance of
S29030'32"W 78.61 feet, thence S35034'56"W 410.77 feet, thence N54025'04"W
262.27 feet, thence S63029'25"W 87.30 feet, thence along a curve to the left 82.15
feet, said curve having a radius of 128.53 feet and a chord bearing and distance of
S45010'45"W 80.76 feet, thence S26051'51 "VV 106.95 feet, thence S66°44'11 "E 50.10
feet, thence S26051'51 "W 333.05 feet, thence S02031'02"W 184.33 feet, thence
N87028'58"W 543.25 feet, thence NO2°08'59"E 78.37 feet, thence S87030'44"E 274.66
feet, thence along a curve to the left 76.87 feet, said curve having a radius of 100.00
feet and a chord bearing and distance of N70027'57"E 74.99 feet, thence N48°26'39"E
38.91 feet, thence N31 °54'00"W 71.49 feet, thence N08022'00"W 335.71 feet, thence
S78020'01"E 2.44 feet, thence N68041'50"E 50.69 feet, thence N41005'19"E 119.42
feet, thence N68018'59"E 111.78 feet, thence N46°46'09"E 129.81 feet, thence
N63034'51"E 81.77 feet, thence N34016'1YE 82.98 feet, thence N42015'31"E 127.02
feet, thence N29004'45"E 153.99 feet, thence N31 °30'14"E 104.87 feet, thence
N22036'15"E 149.96 feet, thence N24008'06"E 226.37 feet, thence N17°42'30"E 85.55
feet, thence N36036'49"E 103.73 feet, thence S66041'34"E 223.03 feet, thence
N84034'52"E 226.46 feet, thence N55022'35"E 80.92 feet, thence N66022'11"E 126.81
feet, thence N54030'16"E 137.60 feet, thence N60005'50"E 212.34 feet, thence
N73033'08"E 182.83 feet, thence N05040'12"W 74.86 feet, thence N61 °27'21 "W
143.18 feet, thence N55013'12"E 216.60 feet, thence N63006'08"E 152.12 feet, thence
N34051'53"E 95.96 feet, thence N06044'08"W 119.49 feet, thence N43000'18"E 424.96
feet to the POINT OF BEGINNING: Containing 35.31 acres more or less subject to
easements and right of way of record.
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of Falling Waters, LLC, 35.31 acres, (hereinafter "Petitioner")
Falling Waters, LLC, hereby voluntarily offers this Bill of Assurance and enters into this binding
agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonable rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request to RSF-2.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council:
1. The Petitioner's property shall be limited to: 51 lots within the rezoned acreage.
2. All construction traffic shall access this 35.31 acre Falling Waters from the entry point
at Dead Horse Mountain Road.
3. Every house built on this 35.31 acre Falling Waters property shall have two rain
barrels and any downspout not connected to a rain barrel shall be equipped with pop-up
emitter/diffuser for the elimination of concentrated discharge from impervious rooftop surfaces.
Further, Petitioner will make reasonable efforts to incorporate low -impact development features
such as bio-retention, bio-swales, rain gardens, vegetated swales, extended detention, level
spreaders, and infiltration devices where practical.
4. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property,
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, Falling Waters, LLC, as the owner, developer or buyer (Petitioner) voluntarily offer all
such assurances and sign my name below.
Falling Waters, LLC
Managing Me ber of Carlton Holdings,
LLC, whichA`s a member of Falling Water,
LLC
Address
NOTARY OATH
STATE OF ARKANSAS
COUNTY OF WASHINGTON
And now on this the I day of ��.t 2016, appeared before me,
a Notary Public, and after being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurarice and signed his/her
name above.
NOTARY PUBLIC
My Commission Expires:
(0 - I0 i };
OFFICIAL SEAL - NO. 12968946
JAKE C. HELTON
NOTARY PUBLIC - ARKANSAS
WASHINGTON COUNTY
MYCOMMISSION EXPIRES: 10-10-iB
Washington County, AR
I certify this instrument was filed on
09/09/2016 09:18:38 AM
and recorded in Real Estate
File Number.-0 00026308
Kyle Sylvest: ir"ui Clerk
by
City of Fayetteville, Arkansas
Text File
File Number: 2016-0308
Agenda Date: 7/5/2016 Version: 1
In Control: City Council Meeting
Agenda Number: C. 3
RZN 16-5438 (1094 DRAKE ST./PENDERGRAFT):
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Status: Passed
File Type: Ordinance
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
16-5438 FOR APPROXIMATELY 185 ACRES LOCATED AT 1094 EAST DRAKE STREET FROM
R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL AND C-2, COMMERCIAL
THOROUGHFARE TO UT, URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-O, Residential Office, R-A, Residential
Agricultural and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare.
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.
City of Fayetteville, Arkansas Page 1 Printed on 71612016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
2016-0308
Legistar File ID
7/5/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/17/2016 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 16-5438: Rezone (1094 DRAKE ST./PENDERGRAFT, 249): Submitted by LEADERSHIP PROPERTIES, INC. for
properties surrounding 1094 E. DRAKE ST. The properties are zoned R-O, RESIDENTIAL OFFICE, R-A, RESIDENTIAL
AGRICULTURAL and C-2, COMMERCIAL THOROUGHFARE and contain approximately 185 acres. The request is to
rezone the property to UT, URBAN THOROUGHFARE.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
I
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
ay%rle CITY COUNCIL AGENDA MEMO
AS
MEETING OF JULY 5, 2016
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: July 5, 2016
SUBJECT: RZN 16-5438: Rezone (1094 DRAKE ST./PENDERGRAFT, 249):
Submitted by LEADERSHIP PROPERTIES, INC. for properties
surrounding 1094 E. DRAKE ST. The properties are zoned R-O,
RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL and C-2,
COMMERCIAL THOROUGHFARE and contain approximately 185 acres.
The request is to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the
properties to UT, Urban Thoroughfare as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject properties are located between West Drake Street to the south, Interstate 49 to the
north, and North Point Circle/North Garland Avenue and North Gregg Avenue on the west and
east respectively. The nine properties total approximately 185 acres. There are currently three
zoning districts represented among the nine properties. The two smallest ones, totaling about one
acre along North Garland Avenue, are zoned C-2, Commercial Thoroughfare. The 66.6 acres that
constitute the middle property of the proposed rezoning is currently R-O, Residential Office. The
balance of the properties, totaling about 117 acres, is zoned R-A, Residential -Agricultural.
The subject properties were all annexed in 1967 as part of a larger area that encompassed land
that extends from what is now the Northwest Arkansas Mall in the northeast to Adventure Subaru
in the southwest.
Land Use Compatibility: The properties are located along several locally and regionally significant
transportation routes. Interstate 49 to the north, and the Arterial and Collector Streets of Garland,
Gregg, and Drake along the other edges of the subject properties make this site particularly suited
to a more intense type of land use development. While the University of Arkansas agricultural
facilities to the south are largely institutional in nature, and therefore unlikely to undergo private
development, the multi -family housing and large regional medical facility to the east, and
commercial land uses to the west are highly compatible with the myriad of permitted uses in an
Urban Thoroughfare zoning district. This is of particular importance given the large land area of
the proposed rezoning, which provides the potential to pursue a mixed -use, rather than a uniform
use development.
Mailing Address:
113 W. Mountain Street www.fayetteville-argov
Fayetteville, AR 72701
Land Use Plan Analysis: City Plan 2030 designates the subject properties as an Urban Center
Area. This designation supports a wide spectrum of residential and commercial uses, encouraging
mixed -use and traditional neighborhood design for all housing types and an emphasis on large,
regional commercial developments. The proposed Urban Thoroughfare zoning accommodates
many of the guiding policies of the Urban Center Area. Among these are the encouragement of
intensive, and mixed uses and the realization of Fayetteville's market potential. Additionally, the
geographic location of the subject properties and their proximity to many of the City's
transportation amenities can allow future development to align with several other goals associated
with an Urban Center Area, including, but not limited to, shared parking, connectivity, promotion
of alternative modes of transportation, and the creation of a regional commercial center.
With borders on a major highway, existing commercial and multi -family developments, and a
major employer in the form of the Washington Regional Medical Center, the subject properties
rezoning to Urban Thoroughfare would allow numerous uses that are a compatible fit. From
single-family and multi -family dwellings to hotels, offices, and retail of varying sizes, Urban
Thoroughfare permits the necessary land uses that can both fulfill compatibility with neighboring
uses, and achieve the principles of an Urban Center Area set forth in City Plan 2030.
No other zoning classification outside of Fayetteville's historical core can more readily meet the
goals of both residential and commercial uses being developed intensely and side -by -side. By
rezoning the subject properties to Urban Thoroughfare, the potential is created for a wide mix of
commercial developments and housing types in an area served by several existing and
prospective transportation options. This combination creates the potential for the City at large to
receive a greater social and economic return on properties that are already served by public
infrastructure.
DISCUSSION:
On June 13, 2016 the Planning Commission forwarded the applicant's request for a rezoning to
UT on the subject properties. Several Commissioners expressed hesitancy to forward a blanket
zoning across a wide swathe of property, particularly in such a visible area. Commissioner
Hoskins went further, drawing parallels with zoning northwards along Gregg, and development
that he feels is less than ideal. A motion by Commissioner Hoffman to forward the proposal to the
City Council with a recommendation for approval was made with a vote of 6-1-0 (Commissioner
Hoskins voted 'no').
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
FOR STAFF USE ONLY FEE: $325.00
Date Application Submitted., Sign Fee: $5.00
Date Accepted as Complete: r (� S-T-R: ��`
Case / Appeal Number: PP#: V
Public Hearing Date: Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished.
Application:
Indicate one contact person for this request: Applicant 'L Representative
Applicant (person making request):
Address:
F.-mall: I T (02 s4. no m
!'i,nnc=(q22 1(0 L
Fax:
Representative (engines=r, surveyor, reallor, etc,);
Nal» e- ka
h 6r-f e, I lzu id
Address
l
L
f'•nulil:
d a f f n pe 4i e s- Q)a)
r }
Fax:
Site Address / Location: ti�_e i9 4d &A 1(3 q \)f\f xt
Current Zoning District:
Assessor's Parcel Number(s) for subject property
FINANCIAL INTERESTS
Requested Zoning District: iaNg N T
� cc mac r-d (f
March 2014
Page 1
City of Fayetteville, AR
Rezoning Application
A. See Attached
B. This zoning request is made for the purpose of preparing the 185-acre tract for future
development. No sale of the property is contemplated.
C. The zoning will allow for an extensive mixed use development with maximum flexibility to locate
residential, office and retail elements in a walkable lifestyle connected environment. The
pedestrian friendly design will enhance the livability of the development. The property will not
impact surrounding properties in a negative manner in any way. Traffic will increase over time
as the project develops but multiple points of access should alleviate any congestion.
Land use will be a combination of commercial and residential applications and will be planned in
such a fashion as to enable residents to LIVE, WORK and PLAY in the development should they
so choose. Attractive transitional designs are contemplated but not fully determined at the
present time. Signage will be muted in tone and tastefully executed.
D. Water and Sewer is readily available. There is a 15" sanitary sewer along Interstate 49 right of
way and an 8" water line on Drake street
E. The requested zoning is in keeping with the City Plan 2030 Future Land Use Map for the City of
Fayetteville.
F. The zoning requested is justified and needed as it is the designated City Plan 2030 Future Land
Use zoning classification provided for by the City of Fayetteville.
G. Ultimately the development will increase traffic due to the substantial daytime business
population and the nighttime residential population.
H. All development increases density especially when the property is undeveloped. This project
has excellent access and is positioned perfectly for a high density development of this nature.
I. Currently the property is zoned R 0, R A and C2.
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
PROPERTY OWNERS)/AUTHORIZED AGENT: Uwe certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that 1/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter front each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach additional info if necessary):
Name (printedl: Drake C( f /%A Z4/�-
f
tn�
Date-'#f ZI 7.11x
"r'`anie (printed): 117� Z_Lc-
Sign;itu��r
t )ats•:'� �� 2�tG
Rezoning Checklist:
Atlach the following items to this application
Address: p -0. ad"[
Phone-
Address: %qS
t D
Phone: L��r
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (Nvww.co.washington.ar.us). The subject
property and all adjacentparcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March 2014
Page 2
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. 1 understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name ( rinted): Date:
ture:
PROPERTYOWNER(S) /AUTHORI7_ED AGENT: I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners �of'Record (attach additional info if necessary): `'y
Name (print4si): Ic}�%�ti�ft Address: !` ;
Signal
Name (printed): Address:
Signature:
Phone:
Date: t )
Rezoning Checklist:
Attach the following items to this application:
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washington.ar.us). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March 2014
Page 2
APPLICANT/REPRESENTATIVE: i certify under penalty of per jury that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions ou approval.
Name
Si
Date --
PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behatf.)
Property Owners of Record (attach additional info if necessary):
Narrrc (printed): M { n Address: P.
IXZ
Ph 'Ix
Datc: 7v( ( /W)
iVanre c rr•irttr;dl: � � r �Ci �—. � ��
Date:4 2-6
Address: . 0• k qc%y5
e t e 7,.'7LY0,
Phan
lq& �q3 - DC41
Rezoning Checklist:
Attach the, following items to this application
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washington.ar.us). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March 2014
Page 2
CITY OF
Fay% 7-11e
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
June 13, 2016 (Updated with Planning Commission results)
SUBJECT: RZN 16-5438: Rezone (1094 Drake St. to Fulbright Expressway, 249):
Submitted by LEADERSHIP PROPERTIES, INC. for properties
surrounding 1094 E. DRAKE ST. The properties are zoned R-O,
RESIDENTIAL OFFICE, R-A, RESIDENTIAL AGRICULTURAL and C-2,
COMMERCIAL THOROUGHFARE and contain approximately 185 acres.
The request is to rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN 16-5438 to the City Council with a recommendation for
approval based upon the findings herein.
BACKGROUND:
The subject properties are located between West Drake Street to the south, Interstate 49 to the
north, and North Point Circle/North Garland Avenue and North Gregg Avenue on the west and
east respectively. The nine properties total approximately 185 acres. There are currently three
zoning districts represented among the nine properties. The two smallest ones, totaling about one
acre along North Garland Avenue, are zoned C-2, Commercial Thoroughfare. The 66.6 acres that
constitute the middle property of the proposed rezoning is currently R-O, Residential Office. The
balance of the properties, totaling about 117 acres, is zoned R-A, Residential -Agricultural. The
subject properties were all annexed in 1967 as part of a larger area that encompassed land that
extends from what is now the Northwest Arkansas Mall in the northeast to Adventure Subaru in
the southwest. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoninq
Direction from Site
Land Use
Zoning
North
Interstate 49, North Fulbri ht Expressway
n/a
South
U of A Agricultural Facilities
R-A, Residential -Agricultural
East
Washington Regional Medical Center
Multi -family; Appleby Apartments
P-1, Institutional
RMF-24, Residential Multi -family
West
Offices and Retail
C-2, Thoroughfare Commercial
Request: The request is to rezone the entirety of the nine properties from R-A, Residential -
Agricultural, R-O, Residential Office, and C-2, Commercial Thoroughfare, to UT, Urban
Thoroughfare. The applicant indicated the rezoning is needed to develop a combination of
commercial and residential uses to facilitate a live -work -play pattern of development.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: All nine properties have street frontage on Minor or Major Arterials. Additionally,
six of the nine properties have frontage along Interstate 49 although without any
current access points. The only current curb cuts on to the site are a private drive
on Drake Street almost equidistant between Garland and Gregg Avenues and at
the developed commercial properties on Garland Avenue and Point Circle. Access
to the subject properties from the north and east will likely be limited by the
Arkansas Highway and Transportation Department (AHTD) and the existing
railway respectively. Any additional improvements or requirements would be
determined at the time of development.
Water: Public water is available to the site. 8-inch public mains runs along the property
frontage of Drake Street, Garland Avenue, and portions of the North Fulbright
Expressway.
Sewer: Public sanitary sewer is available to the site. An 8-inch main runs along the east
and north sides of the property.
Drainage: Any additional improvements or requirements for drainage would be determined
at time of development. A small portion of the northeast corner of the site is
located within the floodzone. No protected streams are present on these parcels.
Portions of the site are shown to contain hydric soils, which are indicators of
potential wetland areas. Further information regarding the existence of wetlands
may be required at the time of development.
No portion of this parcel lies within the Hillside/Hilltop Overlay District.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates
the property as an Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns within the City,
as well as the tallest and greatest variety of buildings. They accommodate rowhouses,
apartments, local and regional retail, including large-scale stores, hotels, clean tech industry and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility, usually automobile -dependent customers and large areas dedicated to parking.
Although Urban Center Areas recognize the conventional big -box and strip retail centers
developed along major arterials, it is expected that vacant properties will be developed into
traditional mixed -use centers, allowing people to live, work and shop in the same areas.
Additionally, infill of existing development centers should be strongly encouraged, since there is
greater return for properties already served by public infrastructure.
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FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: In staff's opinion the rezoning of the subject properties from three zoning
districts to one is compatible with the surrounding land uses and adopted
land use plans and policies.
Land Use Compatibility: The properties are located along several locally and
regionally significant transportation routes. Interstate 49 to the north, and
the arterials of Garland, Gregg and Drake along the other edges of the
subject properties make this site particularly suited to a more intense type
of land use development. While the University of Arkansas agricultural
facilities to the south are largely institutional in nature, and therefore unlikely
to undergo private development, the multi -family housing and large regional
medical facility to the east, and commercial land uses to the west are highly
compatible with the myriad of permitted uses in an Urban Thoroughfare
zoning district. This is of particular importance given the large land area of
the proposed rezoning, which provides the potential to pursue a mixed -use,
rather than a uniform use development.
Land Use Plan Analysis: City Plan 2030 designates the subject properties as
an Urban Center Area. This designation supports a wide spectrum of
residential and commercial uses, encouraging mixed -use and traditional
neighborhood design for all housing types and an emphasis on large,
regional commercial developments. The proposed Urban Thoroughfare
zoning accommodates many of the guiding policies of the Urban Center
Area. Among these are the encouragement of intensive, and mixed uses and
the realization of Fayetteville's market potential. Additionally, the geographic
location of the subject properties and their proximity to many of the City's
transportation amenities can allow future development to align with several
other goals associated with an Urban Center Area, including, but not limited
to, shared parking, connectivity, promotion of alternative modes of
transportation, and the creation of a regional commercial center.
With borders on a major highway, existing commercial and multi -family
developments, and a major employer in the form of the Washington Regional
Medical Center, the subject properties rezoning to Urban Thoroughfare
would allow numerous uses that are a compatible fit. From single-family and
multi -family dwellings to hotels, offices, and retail of varying sizes, Urban
Thoroughfare permits the necessary land uses that can both fulfill
compatibility with neighboring uses, and achieve the principles of an Urban
Center Area set forth in City Plan 2030.
No other zoning classification outside of Fayetteville's historical core can
more readily meet the goals of both residential and commercial uses being
developed intensely and side -by -side. By rezoning the subject properties to
Urban Thoroughfare, the potential is created for a wide mix of commercial
developments and housing types in an area served by several existing and
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prospective transportation options. This combination creates the potential
for the City at large to receive a greater social and economic return on
properties that are already served by public infrastructure.
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 at this time, as it will allow development
that is compatible with adjacent land uses and is more in -line with the
properties' future land use designation. The applicant indicated in the
submitted materials that the desire is to construct a mixed -use commercial
and residential development that resonates with the Urban Center Area
future land use designation. This would be largely unfeasible with the
current zoning. The existing R-A zoning will only allow one- and two-family
dwellings at a density of one housing unit per % acre. Those properties
zoned R-O only permit housing that is denser than a duplex by conditional
use. The two properties subject to the C-2 zoning district, while among the
most permissive of commercial zoning districts, do not permit any
residential uses at all.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to Urban Thoroughfare will almost certainly result in
an increase in traffic congestion at this location as the site develops. Moving
from a largely undeveloped area of almost 200 acres to the more intense and
mixed -uses allowed in an Urban Thoroughfare district will result in more
trips generated, regardless of whether for commercial or residential
purposes. Improvements to Gregg Avenue, Drake Street, and Garland
Avenue along with potentially off -site 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: Given the subject properties' largely undeveloped nature, an approved
rezoning and subsequent development will undoubtedly increase the
population density. It is unlikely however, to undesirably increase the load
on public sewer and water. As mentioned, the site will increase the amount
of traffic to the area, and any necessary street improvements will be
evaluated at the time of development. The Police and Fire Departments have
not expressed objections to the proposal.
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
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though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION:
Planning staff recommends forwarding RZN 16-5438 to City Council with a recommendation for
approval based on the findings discussed throughout this report.
PLANNING COMMISSION ACTION: Required YES
Date: June 13, 2016 O Tabled ® Forwarded O Denied
Motion: Hoffman Second:Autry Vote: 6-1-0
Commissioner Hoskins voted "No"
CITY COUNCIL ACTION: Required YES
(Date: O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
■ Unified Development Code §161.07 (R-A zoning); §161.17 (R-O zoning); §161.20 (C-2
zoning); §161.21 (UT zoning)
■ Request Letter
■ Public Notification Sign Locations
■ One Mile Map
■ Close -Up Map
■ Current Land Use Map
■ Future Land Use Map
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161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas;
obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve
the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional uses
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technolo ies
(C) Density.
Units er acre One-half
(D) Bulk and area regulations.
Lot width minimum
200 ft.
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
E) Setback requirements.
Front
Side
Rear
35 ft.
20 ft.
35 ft.
(F) Height requirements. There shall be no maximum height limits in the A-1 District, provided, however, that any
building which exceeds the height of 15 feet shall be setback from any boundary line of any residential district a
distance of 1 0 foot for each foot of height in excess of 15 feet. Such setbacks shall be measured from the required
setback lines
(G) Building area None.
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(Code 1965, App. A, Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160 030; Ord. No. 4100, §2 (Ex A), 6-16-98; Ord
No 4178, 8-31-99; Ord. 5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5195, 11-6-08; Ord, 5238, 5-5-09; Ord. 5479, 2-7-12)
161.17 District R-O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by ri ht
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 25
Offices, studios, and related services
Unit 44
Cottage Housing Development
(2) Conditional uses.
Unit 2
City-wide uses by conditional use
permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 11
Manufactured home ark'
Unit 13
Eating laces
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellin s
Unit 36
Wireless communications facilities"
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre 24 or less
(D) Bulk and area regulations.
(Per dwelling unit for residential structures)
(1) Lot width minimum.
Manufactured home park
100 ft.
Lot within a manufactured
home park
50 ft,
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home park 3 acres
Lot within a manufactured 4,200 sq. ft
home park
Townhouses:
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Development
Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
6,500 sq. ft.
Three or more
8,000 sq. ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit
Manufactured home
3,000 sq. ft.
Townhouses & apartments:
No bedroom
1,000 sq. ft.
One bedroom
1,000 sq. ft.
Two or more bedrooms
1,200 sq. ft.
Fraternity or Sorority
500 sq. ft per
resident
(E) Setback regulations
Front
15 ft
Front, if parking is allowed between the
right-of-way and the building
50 ft.
Front, in the Hillside Overlav District
15 ft.
Side
10 ft.
Side, when contiguous to a residential
district
15 ft.
Side, in the Hillside Overlay District
8 ft
Rear, without easement or alley
25 ft.
Rear, from center line of public alley
10 ft
Rear, in the Hillside Overlay District
15 ft.
(F) Building height regulations.
Buildin hfei ht Maximum 160 ft. 11
Height regulations. Any building which exceeds the height of 20 feet shall beset back from any side boundary line
of an adjacent single family district an additional distance of one foot for each foot of height in excess of 20 feet.
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
(Code No. 1965, App. A., Art. 5(x); Ord, No. 2414, 2-7-78; Ord, No 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. 4726, 7-19-05;
Ord. 4943, 11-07-06; Ord. 5079, 11-20-07; Ord. 5195, 11-6-08; Ord. 5224, 3-3-09; Ord. 5312, 4-20-10; Ord. 5462, 12-
6-11; Ord. 5735 1-20-15)
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 1 Government Facilities
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Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Trans ortation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 44
Cottage Housing Development
Unit 45
Small scale production
(2) Conditional uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collectin2 recvclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
Unit 43
f Animal boarding and training
(C) Density. None.
(D) Bulk and area regulations None.
(E) Setback regulations.
Front
15 ft.
Front, if parking is allowed
between the right-of-way and
the building
50 ft,
Side
None
Side, when contiguous to
a residential district
15 ft
Rear
20 ft
(F) Building height regulations.
Buildin2 Hei ht Maximum j 75 ft.'
"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; Ord. 5735, 1-20-15)
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161.21 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities This district encourages a concentration of commercial and mixed use development that
enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent
within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control,
the Urban Thoroughfare 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 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive
through restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices. studios. and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 41
Accessory Dwellings
Unit 44
Cottage Housino Development
Unit 45
Small scaleproduction
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 oermit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
�Unit 38
Mini -storage units
1' Unit 40
Sidewalk cafes
C Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and area regulations
(1) Lot width minimum
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Sin Q le-famil dwelIin 18 feet
All other dwellinas None
Non-residential None
(2) Lot area minimum. None
(E) Setback regulations.
Front: A build -to zone that is located
between 10 feet and a line 25
feet from the front property
line.
Side and rear: None
Side or rear, when contiguous 15 feet
to a single-family residential
district:
(F) Building height regulations.
Buildingeight Maximum j 56/84 ft."
A building or a portion of a building that is located between 10 and 15 ft. from the front property line or any master
street plan right-of-way line shall have a maximum height of 56 feet. A building or portion of a building that is
located greater than 15 feet from the master street plan right-of-way shall have a maximum height of 84 feet.
Any building that exceeds the height of 20 feet shall be set back from any boundary line of a single-family residential
district, an additional distance of one foot for each foot of height in excess of 20 feet
(G) Minimum buildable street frontage 50% of the lot width
(Ord. 5312, 4-20-10; Ord. 5339, 8-3-10; Ord. 5353, 9-7-10; Ord. 5462, 12-6-11; Ord. 5592, 6-18-13; Ord. 5664, 2-18-
14; Ord. 5735, 1-20-15)
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NORTHWESTARKANsAs
Democrat IF ondt
.... . 'h±=c-.,,rA7�.1..f.C,A c,r/1
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5891
Was inserted in the Regular Edition on:
July 14, 2016
Publication Charges $ 72.80
Cathy Wiles
Subscribed and sworn to before me
This a^day of "Ll 2016.
�p,NE DgUFy ���
Not ry Public ' NOTARV°�°�� f
My Commission Expires: �Q' PUBLIC _
#12401379 i c
012ANT
fON 60\
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance:5891
File Number: 2016-0308
RZN 16-5438 (1094 DRAKE
ST./PENDERGRAFT):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 16-5438
FOR APPROXIMATELY 185 ACRES
LOCATED AT 1094 EAST DRAKE
STREET FROM R-O, RESIDENTIAL
OFFICE, R-A, RESIDENTIAL
AGRICULTURAL AND C-2,
COMMERCIAL THOROUGHFARE TO
UT, URBAN THOROUGHFARE.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B) both
attached to the Planning Department's
Agenda Memo from R-O, Residential
Office, R-A, Residential Agricultural and
C-2, Commercial Thoroughfare to UT,
Urban Thoroughfare.
Section 2. That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the City
of Fayetteville to reflect the zoning change
provided in Section 1.
PASSED and APPROVED on 7/5/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73773788 July 14,2016
RECEIVED
JUL 2 7 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE