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Home My WebLink AboutORDINANCE 5893Doc ID: 017054360003 Type: REL Kind: ORDINANCE Recorded: 09/09/2016 at 09:25:34 AM Fee Amt: $25.00 Page 1,_of 3 Washington County, AR' Kyle Sylvester Circuit Clerk File2016-00026328 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 5893 File Number: 2016-0309 RZN 16-5448 (2050 S. SCHOOL AVE./HARMON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16- 5448 FOR APPROXIMATELY 8.08 ACRES LOCATED AT 2050 SOUTH SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND C-2, COMMERCIAL THOROUGHFARE TO CS, COMMUNITY SERVICES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-41 Residential Single Family, 4 Units Per Acre and C-2, Commercial Thoroughfare to CS, Community Services. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 7/5/2016 Page 1 716116 �►�tti��rrre►��. Ty 0 •q � FAYI TTEVILL Attest: �'$ahA S�'�'•'•``* .,�yii Sondra E. Smith, City Clerk Treasurer Printed on RZN 16-5448 Close Up View RESEARCH CENTER BLVD PD Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Building Footprint HARMON 49T-' ST. L c-r Subject Property RSF-4 Feet 0 75 150 300 450 600 1 inch = 200 feet NORTH RSF-4 I RMF-24 1-1 Heavy Commercial and Light Industrial C-1 C-2 A part of the Southwest Quarter iSW1/4? of thh Southeast Quarter (SE114) of Section 21, in Township 16 North, Range.30 West of the 5th F.M., and being more particularly described as beginning 1.80 chains North of the Southeast corner of the said SW1A of the SE1/4, Section 21, Township 16 Forth, mange 30, and running thence North five and ninety --four bundreths chains, thence West eleven and thirty hundredths chains to the East side of U.S. Highway ;No. 71 twenty feet last of the center of Highway Slab, thence southerly with the East side of highway No. 71 six chains to a point twelve and thirty hundredths chains Nest of the r)eginniag point, thence East twelve and thirty bundredths t12.30) cb-ains to the place of beginn` ng _ containing severe 0 ? acres, more or less, LESS AND EXCEPT a pi�'rmanent easeinent -o the City of Fayetteville, At_,kansas, of 1.5 feet of equal and uniform width Off Of the ent, re WO -At side of. the above -a described real estate. AND, a ua-rt of the Southwest gua ter (sWI/4) of the Southeast Quarte- ± SE114) of Section 21, in Township 16 North, Nance 30 wet - _�3� nth p. 1. , descj's ed as beginning at the. southeast corner of said forty acre tract, thence North 1.80 chains; thence yr asc 12.50 chains to thr! East l Y ne of U . s . kiighway No. '7i , t ancri South along the sai a Fast I ?.ne I.80 chains to the South o said tarty ac_-e -=act., tzmence East 12.50 chains eY Dlace of begi nn nq; ,BsS AND EXCEPT, a permanent ea -enment z_�:j the city ot of 15 feet of egua=, and gnlform width off if %he entire west side of the ve 3��-:iribed real. estate. to ai. L ex:�_Sti-ag easementsp recorded and unrecorded, restrictive "vaunts of record, and zoning ordinances. AND FUTMEER SUM01 10 the SettlemnC AgreMMMt in Case hb, E-89-496 of the T4ashingron County Crinneary Court, Sewnd Division, and Grantee asqqs all indebtedness aid obligations referenced therein. Washington County, AR l certify this instrument was filed on 09/09/2016 0925:34 AM and recorded in Real Estate File Number 20 26328 Kyle Sylve er-- Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2016-0309 Agenda Date: 7/5/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 5 RZN 16-5448 (2050 S. SCHOOL AVE./HARMON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5448 FOR APPROXIMATELY 8.08 ACRES LOCATED AT 2050 SOUTH SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND C-2, COMMERCIAL THOROUGHFARE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre and C-2, Commercial Thoroughfare to CS, Community Services. 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 71612018 Jeremy Pate Submitted By City of Fayetteville Staff Review Form 2016-0309 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 16-5448: Rezone (2050 S. SCHOOL AVE./HARMON, 601): Submitted by HAROLD HARMON for properties at 2050 S. SCHOOL AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and C-2, THOROUGHFARE COMMERCIAL and contain approximately 8.08 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. 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 V20140710 Previous Ordinance or Resolution N Original Contract Number: Approval Date: Comments: CITY OF r Taya -yi. e CITY COUNCIL AGENDA MEMO ARKANSAS 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 16-5448: Rezone (2050 S. SCHOOL AVE./HARMON, 601): Submitted by HAROLD HARMON for properties at 2050 S. SCHOOL AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and C- 2, THOROUGHFARE COMMERCIAL and contain approximately 8.08 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the properties to CS, Commercial Services as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject properties are located on the east side of Highway 71 B/South School Avenue, between West Nonnamaker Drive and West 22nd Street. The two properties total approximately 8 acres, with the northern one containing 5.9 acres, and the southern property containing 2.1 acres. The zoning in the northern property is divided, with a strip approximately 200 feet deep along the School Avenue street frontage that is zoned C-2, Commercial Thoroughfare, and the remainder with access to Nonnamaker Drive zoned RSF-4, Residential Single Family. Similarly, the southern property is zoned C-2 along School Avenue and RSF-4 on the interior. Both properties were annexed in 1946 as part of a larger area between W. 15'" St to the north and West Cato Springs Road to the south. Land Use Compatibility: The proposed zoning is generally consistent with the development and zonings in the vicinity. The properties are located on the Principal Arterial, Highway 71 B/School Avenue. Land uses vary significantly along this corridor, ranging from the large Tyson foods facility and the University of Arkansas research cluster, to lower intensity commercial and industrial sites located alongside single-family and multi -family neighborhoods. A medium -density development similar to that proposed by the applicant is well -suited for the area. Land Use Plan Analysis: City Plan 2030 designates the subject properties and all adjacent properties as City Neighborhood Area. This designation promotes a wide spectrum of residential and commercial uses, encouraging density in all housing types and the potential for varying categories of commercial land use. The proposed Community Services zoning district facilitates Mailing Address: 113 W. Mountain Street wmv,fayetteville-ar.gov Fayetteville, AR 72701 the development of these uses, permitting a wide array of both residential and commercial intensities. DISCUSSION: On June 13, 2016 the Planning Commission forwarded the applicant's request for a rezoning to CS on the subject properties. A motion by Commissioner Autry to forward the proposal to the City Council with a recommendation for approval was made with a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A ■ Exhibit B ■ Application ■ Planning Commission Staff Report CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONL Y FEE: $325.00 _ �I Dale Application Submitted Sign Fee. S5.00 Date Accepted as Complete: S-T-R: Case /Appeal Number: PP#: k0 ( Publia Hearing Dote: `'� 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 Representative Applicant f��(person making request): Navne- Address: Q L250 c h"'(�, / C+f�-HLiz, f1P AXE - -2 Lej E-mail: Phone: 6b C&) Fax: Site Address / Location: J Representative (engineer, surveyor, realtor, etc.): Name: r Address: •anal is Phone: Fax: a T J Current Zoning District: � S f`9 Requested Zoning District: Assessor's Parcel Number(s) for subject property: 7&5 J t' ) 7 {. �1 — - ^' ' } FINANCIAL INTERESTS The following entities and / or people have financial interest in this project: March 2014 Page 1 • 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 1 am applying for, or might set conditions on approval. Name (printed)__. _ -.- I_ a . -1. I !later: PROPERTY 0WNER(S) /A UTHORIZED 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): Name (printed). fftl Q) Id 1'') l Address: S , Sh a-JC . Si natur . plionc: Date: (�% f) 5 1 _ -7 S10 Name (printed): K cx CP -[L.t /-! C f l 11161) Address: t�Q r'.1' Lf% S . SAC' hop) five-. Sinaturc;1,�'�s 1. K t 1'ho�rc: 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.wash ingtton.ar.us). The subject property and all adjacentpareels 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 os CITY OF Tay IV le 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 16-5448: Rezone (2050 S. SCHOOL AVE./HARMON, 601): Submitted by HAROLD HARMON for properties at 2050 S. SCHOOL AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY and C- 2, THOROUGHFARE COMMERCIAL and contain approximately 8.08 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN 16-5448 to the City Council with a recommendation for approval based upon the findings herein. BACKGROUND: The subject properties are located on the east side of Highway 71 B/South School Avenue, between West Nonnamaker Drive and West 22nd Street. The two properties total approximately 8 acres, with the northern one containing 5.9 acres, and the southern property containing 2.1 acres. The zoning in the northern property is divided, with a strip approximately 200 feet deep along the School Avenue street frontage that is zoned C-2, Commercial Thoroughfare, and the remainder with access to Nonnamaker Drive zoned RSF-4, Residential Single Family. Similarly, the southern property is zoned C-2 along School Avenue and RSF-4 on the interior. Both properties were annexed in 1946 as part of a larger area between W. 15th St to the north and West Cato Springs Road to the south. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoni Direction from Site Land Use North Single -story Commercial Structures South Undeveloped Lots; Storage Yard Single -Family Residential East Undeveloped: Dense Vegetation Undeveloped; Single -story Commercial West Structures _ Zoning 1-1, Heavy Comm'I & Light Indust'I C-1, Neighborhood Commercial C-2, Neighborhood Commercial RSF-4, Residential Single Family RMF-24. Residential Multi-familv C-2, Neighborhood Commercial Request: The request is to rezone the entirety of the two properties from C-2, Commercial Thoroughfare, and RSF-4, Residential Single Family, four units per acre, to CS, Community Services. The applicant indicated the rezoning is needed to increase the density on the properties and accommodate proposed housing and a science museum. Mailing Address: 113 W. Mountain Street ti,:4vw.fayetteville-ar.gov Fayetteville, AR 72701 Public Comment: Staff was approached by an adjacent property owner expressing support for the rezoning, with hopes that it would result in the property being redeveloped and/or improved. INFRASTRUCTURE: Streets: Both properties have street frontage along Highway 71 B/School Avenue, which is designated in the Master Street Plan as a Principal Arterial. The interior of the northern property is served by Nonnamaker Drive, with public right-of-way dedicated for a possible cul de sac. Any additional improvements or requirements would be determined at the time of development, although with consideration for the applicant's proposal there will undoubtedly be an increase in traffic to and from the site. Water: Public water is available to the site. An 8-inch public main runs along the property frontage of Highway 71 B/School Ave. Sewer: Public sanitary sewer is available to the site. A 6-inch main runs through the middle portion of the site. Drainage: Any additional improvements or requirements for drainage would be determined at the time of development. No portion of the site is located within a floodzone. No protected streams are present on these parcels. Portions of the site are shown to contain hydric soils, which are indicators of 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 Hilltop/Hillside 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 2025 FUTURE LAND USE PLAN: The property is designated as a City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential uses range in size, variety, and intensity from grocery stores and offices to churches, and are typically located at corners and along connecting corridors. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. 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 two zoning designations to one is compatible with the surrounding land uses and adopted land use plans and policies. G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S School Ave. (Harmon) 601 Land Use Compatibility. The properties are located on the Principal Arterial, Highway 71B/School Avenue. Land uses vary significantly along this corridor, ranging from the large Tyson foods facility and the University of Arkansas research cluster, to lower intensity commercial and industrial sites located alongside single-family and multi -family neighborhoods. A medium - density development similar to that proposed by the applicant is well -suited for the area. Land Use Plan Analysis: City Plan 2030 designates the subject properties and all adjacent properties as City Neighborhood Area. This designation promotes a wide spectrum of residential and commercial uses, encouraging density in all housing types and the potential for varying categories of commercial land use. The proposed Community Services zoning district facilitates the development of these uses, permitting a wide array of both residential and commercial intensities. Beyond its Future Land Use Map designation, the proposed rezoning is also in compliance with many of the goals of City Plan 2030. Firstly, by rezoning the subject properties the potential is created for additional housing in an already developed area. This addresses the goals to pursue appropriate infill development and create attainable housing without resorting to suburban sprawl in undeveloped areas. Secondly, prospective residential construction on the subject properties has the potential to further the development of the area as a neighborhood, including better connectivity, increased demand for public transit, and the possibility of non -motorized street improvements along School Ave. With the properties located where they are on a corridor of varying uses and development, any new or additional housing has a much greater likelihood of locating near places of employment than low -density subdivisions on the City's periphery. 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 the area 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 up to 20 townhouse structures on the subject properties with approximately six units in each. The existing RSF-4 zoning will only allow up to 4 single-family units per acre, or duplexes by conditional use, while the C-2 zoning permits no residential uses at all. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS will not likely increase traffic danger but may increase congestion at this location. Improvements to School Avenue and 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 G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S School Ave (Harmon) 601 thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to CS will increase the potential for greater population density, but is unlikely to undesirably increase the load on public services. This is an infill site with access to public infrastructure and is in an area where increased density is appropriate. Neither the Police nor Fire Departments have expressed 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 RECOMMENDATION: Staff recommends forwarding RZN 16-5371 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: Autry Second: Hoffman Vote: 7-0-0 CITY COUNCIL ACTION: Required YES Date: O Approved O Denied BUDGET/STAFF IMPACT: None Attachments: ■ Unified Development Code § 161.07 (RSF-4 zoning); 161.20 (C-2 zoning); 161.19 (CS zoning) ■ Request Letter ■ Site Proposal ■ One Mile Map ■ Close -Up Map ■ Current Land Use Map ■ Future Land Use Map G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S School Ave (Harmon) 601 161.07 District RSF-4, Residential Single -Family — Four Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. 1 Permitted uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellin s Unit 41 Accessory dwellings (2) Conditional uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cottage Housin Develo ment {C Densi . Single-family Two-family dwellings dwellings 1 Units per acre 4 or less 7 or less (D) Bulk and area regulations Single-family Two-family dwellings dwellings Lot minimum width 70 ft. 80 ft. Lot area minimum 8,000 sq. ft 12,000 sq.-ft Land area per 8,000 sq. ft. 6,000 sq. ft, dwelling unit Hillside Overlay 60 ft 70 ft District Lot minimum width Hillside Overlay 8,000 sq. ft 12,000 sq.-ft. District Lot area minimum Land area per 8,000 sq. ft 6,000 sq ft. dwelling unit E) Setback requirements. Front. Side Rear 15 ft. 5 ft 15 ft. (F) Building lrei ht regulations. BEfildin Heigh[ Maximum 145 ft. Height regulations Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses, (ord. # 4858). (G) Building area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord_ No. 4100, §2 (Ex. A), 6-16-98; Ord, No. 4178, 8-31-99; Ord, 4858, 4-18-06; Ord, 5028, 6-19-07; Ord. 5128, 4-15-08; Ord, 5224, 3-3-09; Ord, 5312, 4-20-10; Ord. 5462. 12-6-11) G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S. School Ave. (Harmon) 601 161.20 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 ri ht Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive throu h 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 collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 Clean technoloqies Unit 43 Animal boardino 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 1 20 ft- (F) Building height regulations G:\ETC\Development Services Review\2016\Develop ment Review\16-5448 RZN 2050 S. School Ave (Harmon) 601 Buildin Height Maximum 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) 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 dwellin s Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 13 Eating laces Unit 15 Neighborhood Shopping oods Unit 18 Gasoline service stations and drive- in/drive through restaurants Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellin s Unit 44 Cottage Housin Develo ment Unit 45 Small scale production 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 G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S. School Ave (Harmon) 601 Unit 36 Wireless communication facilities' �j Unit 40 Sidewalk Cafes y Unit 42 Clean technologies (C) Density. None (D) Bulk and area regulations (1) Lot width minimum. Dwelling 18 ft All others None fJ (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 �'I district: (F) Building Height Regulations ill Building i-lei ht Maximum 1 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, 6-18-13; Ord. 5664, 2-18-14; Ord 5735, 1-20-15) G:\ETC\Development Services Review\2016\Development Review\16-5448 RZN 2050 S. School Ave. (Harmon) 601 NoRTHWESTAmANsAs Democrat *0av& 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. 5893 Was inserted in the Regular Edition on: July 14, 2016 Publication Charges $ 72.80 Cathy Wiles Subscribed and sworn to before me This ao day o � , 2016. Notary Public E CDqy��,o�`% My Commission Expires: (0��4TARY '•p�� PUBLIC ' �#12401379a? �yes 1o12afL��;: '� ONO0��` * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. Ordinance:5893 File Number: 2016-0309 RZN 16-5448 (2050 S. SCHOOL AVE./HARMON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-5448 FOR APPROXIMATELY 8.08 ACRES LOCATED AT 2050 SOUTH SCHOOL AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND C-2, COMMERCIAL THOROUGHFARE 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 property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre and C-2, Commercial Thoroughfare to CS, Community Services. 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 73773958 July 14, 2016 RECEIVED JUL 2 7 2016 CITY CrLERKS OFFICE