HomeMy WebLinkAboutORDINANCE 6006113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6006
File Number: 2017-0564
RZN 17-5925: (820 S. GOVERNMENT AVE./BARNES):
Doc ID: 017816920003 Type: REL
Kind: ORDINANCE
Recorded: 01/10/2018 at 08:54:10 AM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File2018-00000999
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-
5925 FOR APPROXIMATELY 1.73 ACRES LOCATED AT 820 SOUTH GOVERNMENT AVENUE
FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN STREET
CENTER, AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO 1-1, HEAVY COMMERCIAL
& LIGHT INDUSTRIAL
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 RMF -24, Residential Multi Family, 24 Units per
Acre, MSC, Main Street Center, and I-1, Heavy Commercial & Light Industrial to 1-1, Heavy Commercial
& Light Industrial.
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 11/7/2017
Attest:
Sondra E. Smith, City Clerk r,
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=6;FAYETTEVILU ;
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Page 1 Printed on 1118117
17-5925
EXHIBIT "B"
Part of the Northeast Quarter (NE 114) of the Northwest Quarter (NF. 114) and part
of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NL- 1/4) of Section
21, in Township 16 Norih of Range 30 Thirty 'test of the Firth principal
Meridian, and being more partictrlarly deseribcd as follows, to -wits Beginning at a.
point on the East tine of Govemment Avenue (Cemetery Street) at an iron stake,
said point being 50 feet gest and 574 feet South of the North Nest comer of Lot
14 in Block 23 of Forgusotes Addition to the City of Fayetteville, Arkansas, as per
the recorded plat thereof, and running, thence East 200 feat; thence North 400 feet;
thence West 200 feet to a point on E. Government Ave.; thence South along East
litre of Government Ave. 400 feet to the point of beginning.
And a quit claim interest in and to all land lying immediately north of the above.
described real property and south of the center line of the industdal lead (north
tract) of the main tract of the St. Louis and San Francisco Railroad,
Washington County, AR
I certify this instrument was filed on
01/10/2018 08:54:10 AM
and recorded in Real Estate
File Number 2 8-0 000999
Kyle Sylves#e ui
by
_ City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2017-0564
Agenda Date: 11/7/2017 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 2
RZN 17-5925: (820 S. GOVERNMENT AVE./BARNES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
17-5925 FOR APPROXIMATELY 1.73 ACRES LOCATED AT 820 SOUTH GOVERNMENT
AVENUE FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN
STREET CENTER, AND I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO I-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL
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 RMF -24, Residential Multi Family, 24 Units per Acre, MSC, Main Street
Center, and I-1, Heavy Commercial & Light Industrial to I-1, Heavy Commercial & Light Industrial.
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 11/8/2017
Andrew Garner
Submitted By
City of Fayetteville Staff Review Form
2017-0564
Legistar File ID
10/17/2017
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/29/2017 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562): Submitted by BOB BARNES for property at 820 S.
GOVERNMENT AVE. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC, MAIN
STREET CENTER, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.73 acres. The
request is to rezone the property to 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL.
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 #
Original Contract Number: Approval Date:
Comments:
V4V CITY COUNCIL AGENDA MEMO
CITY Cid=
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 17, 2017
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: September 29, 2017
SUBJECT: RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562): Submitted
by BOB BARNES for property at 820 S. GOVERNMENT AVE. The property is
zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, MSC,
MAIN STREET CENTER, AND 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL
and contains approximately 1.73 acres. The request is to rezone the property to I-
1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL.
RECOMMENDATION:
The City Planning staff and Planning Commission recommend approval of an ordinance to
rezone the subject property to 1-1, Heavy Commercial and Light Industrial, as shown in the
attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on the east side of South Government Avenue, between Martin
Luther King Boulevard to the north and National Street to the south. The property is currently split
zoned three ways: MSC, Main Street/Center on the northern half, RMF -24, Residential Multi-
family, 24 Units per Acre on the southern half, and a sliver of 1-1, Heavy Commercial and Light
Industrial, along the southeastern property line. Although the property has been developed since
the 1920s, it was not annexed in to Fayetteville until 1946. Based on Washington County records
and historical aerial imagery of the site since annexation, the property has been consistently used
for industrial, warehousing, or transportation uses. This has continued despite the property being
subject to an area -wide rezoning to a multi -family designation in the 1970s and a second rezoning
to a form -based district during the Downtown Master Plan in 2006.
Request: The request is to rezone the property from RMF -24, Residential Multi -family, 24 Units
per Acre, MSC, Main Street/Center, and 1-1, Heavy Commercial and Light Industrial, to 1-1, Heavy
Commercial and Light Industrial. The applicant has operated a trucking business on this site since
1978 and it is permitted to remain as a nonconforming use. In order to improve the property a
rezoning is necessary to bring the existing use in to compliance with the zoning code.
Land Use Compatibility: Historically, South Government Avenue and properties near the current
rezoning request have been industrial in use and appearance. Through the decades, the area
has seen redevelopment and transition from an area of manufacturing, shipping, and warehousing
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
to include a more diverse mixture of uses. Today, land uses in proximity to the subject property
include a church within a former hardwood sales building, several warehouses repurposed by the
University of Arkansas for arts department facilities, a recently -constructed multi -family
development, the Farmers' Co-op, and some lower -density residential housing.
These varying land uses make assessing compatibility with the rezoning request challenging, but
staff feels that the limited land area of the property can act as its own constraint on the intensity
of any development, thereby limiting adverse impacts. Given this, coupled with the many years of
ongoing industrial activity at the subject property's location without documented issues, staff finds
that continued use or development under the permitted uses of the 1-1 zoning district will be
generally compatible with the wide spectrum of existing industrial, commercial, and residential
development. Furthermore, a recent amendment to the City's industrial zoning districts allows
restaurant and retail activities as permitted uses.
Land Use Plan Analysis: As with determining land use compatibility, and given the subject
property's dual Future Land Use Map designations of City Neighborhood Area and Complete
Neighborhood Plan, assessing land use plan compatibility for the current rezoning request is
difficult. While the City Neighborhood Area designation does not preclude development of heavy
commercial or light industrial uses, it clearly advocates for a varying mix of nonresidential and
residential uses, which the 1-1 zoning district does not permit.
Despite this, not all properties within the City Neighborhood Area designation must accommodate
a mix of uses, and in some instances, can promote employment opportunities adjacent to
residential areas in a manner that reduces the number of vehicle trips while also taking advantage
of a connecting transportation corridor. This is supported by the Downtown Master Plan when
addressing the Mill District, which is loosely defined to include the properties near Martin Luther
King Boulevard, between Government Avenue in the West and School Avenue in the East. The
Downtown Master Plan calls for the encouragement of existing industrial uses to remain in the
Mill District to provide a different type of jobs than those in the core. Given these findings, staff
contends that the proposed rezoning meets the intent of City Plan 2030 and the Downtown Master
Plan.
DISCUSSION:
On September 25, 2017, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval passed by a vote of 6-2-0. Commissioners Brown and Niederman
voted 'no'.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
RZN 17-5925 BARNES 17-5925
Close Up View EXHIBIT 'A'
R-.4
RNIF-2-5
PUBLIC 987
NXII, INA�iT
uu
d
L7
Ci
CL'
e7
t. 4
Legend
Planning Area
` ' 7 ' Feet
t t Fayetteville City Limits
Shared Use Paved Trail 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
yLSC:
M
Residential -Agricultural
RMF -24
1-1 Heavy Commercial and Light Industrial
C-2
v < Main Street Center
394 Downtown General
Community Services
P-1
17-5925
=Kl: 11.1 kd"-
Fart of the Northeast Quarter (SIE 1/4) of the Northwest Quarter (NE 114) and part
of the Northwest Quarter (NW 114) of the Northeast Quarter (NE 114) of Section
21, in Township 16 North of Range 30 Thirty West of the Firth Principal
Meridian, and being more par<icularly described as follows, to -wit: Beginning at a
point on the East line of Government Avenue (Cemetery Street) at an iron stake,
said point being 50 feet West and 574 feet South of the North West corner of Lot
14 in block 23 of Ferguson's Addition to the City of Fayetteville, Arkansas, as per
the recorded plat thereof, and runn.ing,thence East 200 feet; thence North 400 feet;
thence West 200 feet to a point on E. Govenunent Ave.; thence South along East
line of Government Ave. 400 feet to the point of beginning.
And a quit claim interest in and to all land lying immediately north of the above-
described real property and south of the center line of the industrial lead (north
tract) of the main tract of the St. Louis and San Francisco Railroad.
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
FOR STAFF USE ONLY FEE: $325.00
Date Application Submitted: Sign Fee: $5.00
Date Accepled as Complete: S -T -R:
Case /Appeal Number. �' ,o Pp#. ' ry
Public Hearing Date: Zone:
Please till 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 isfurnished.
Application:
Indicate one contact person for this request: Applicant Representative
Applicant (person making request): Representative (engineer, surveyor, realtor, etc.):
Name: -S
f rn •i.
Phone:
Fax:
Name:
Address:
E-mail.•
Phone:
c I
Fax:
Site Address/ Location: Ir"5.. ski'%
Current Zoning District: Re i y Requested Zoning District:
Assessor's Parcel Number(s) Cor subject property: 7 j5-- /4�! Z-- COO
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
March 2014
Page I
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 fLecl}: ,� d Date: -f `''5
Signature: x0W
PROPERTY OWNER(S) /A UTHORIZED AGENT: Uwe certify under penalty ofpeJu y that I am/we are the
owner(s) of the property that is the subject of this application and that Uwe have read this application and consent to
its filing. (Ifsigned by the outhorized agent, a letter from each property owner must be provided indicating that
the agent is awhorized to act on his1her behalf.)
Property Owners of Record (attach additional info tf necessary):
f
Name (printed):
Si nature.
f)atC: r'
Rezoning Checklist:
Phone:
Address: YV0
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 w W.cc ,yv s1 inf;ton.ar. is). 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 propertyshall
be shown on this map.
March 2014
Page 2
ctty OF
EAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: September 25, 2017 (Updated with Planning Commission Results)
SUBJECT: RZN 17-5925: Rezone (820 S. GOVERNMENT AVE./BARNES, 562):
Submitted by BOB BARNES for property at 820 S. GOVERNMENT AVE.
The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS
PER ACRE, MSC, MAIN STREET CENTER, AND 1-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL and contains approximately 1.73
acres. The request is to rezone the property to 1-1, HEAVY COMMERCIAL
& LIGHT INDUSTRIAL.
RECOMMENDATION:
Staff recommends forwarding RZN 17-5925 to the City Council with a recommendation for
approval based upon the findings herein.
BACKGROUND:
The subject property is located on the east side of South Government Avenue, between Martin
Luther King Boulevard to the north and National Street to the south. The property is currently split
zoned three ways: MSC, Main Street/Center on the northern half, RMF -24, Residential Multi-
family, 24 Units per Acre on the southern half, and a sliver of 1-1, Heavy Commercial and Light
Industrial, along the southeastern property line. Although the property has been developed since
the 1920s, it was not annexed in to Fayetteville until 1946. Based on Washington County records
and historical aerial imagery of the site since annexation, the property has been consistently used
for industrial, warehousing, or transportation uses. This has continued despite the property being
subject to an area -wide rezoning to a multi -family designation in the 1970s and a second rezoning
to a form -based district during the Downtown Master Plan in 2006. Surrounding land use and
zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Church
MSC, Main Street/Center
South
Multi -family Residential
CS, Commercial Services
Farmers' Cooperative;
MSC, Main Street/Center;
East
Undeveloped (Riparian Corridor)
1-1, Heavy Commercial and Light Industrial;
Parking Lot
CS, Community Services
University of Arkansas Property;
1-1, Heavy Commercial and Light Industrial;
West
Single-family Residential
RMF -24, Residential Multi -family, 24 Units er Acre
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Request: The request is to rezone the property from RMF -24, Residential Multi -family, 24 Units
per Acre, MSC, Main Street/Center, and 1-1, Heavy Commercial and Light Industrial, to 1-1, Heavy
Commercial and Light Industrial. The applicant has operated a trucking business on this site since
1978 and it is permitted to remain as a nonconforming use. In order to improve the property a
rezoning is necessary to bring the existing use in to compliance with the zoning code.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The subject property has access to South Government Avenue, which has a dual
classification of ST 45 along the frontage zoned MSC and Local Street along the
frontage zoned RMF -24. Any street improvements required in these areas would
be determined at the time of development proposal.
Water: Public water is available to this property. There is an existing 12 -inch water main
within the Government Avenue right-of-way.
Sewer: Sanitary Sewer is available to this property. There is an existing 8 -inch sewer line
within the Government Avenue right-of-way.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of this property is identified as FEMA -regulated
floodplain. The Tanglewood Branch stream runs north -south just offsite to the
east of this property. No portions of these parcels 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 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area and Complete
Neighborhood Plan in association with the Downtown Master Plan.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. The designation supports the widest
spectrum of uses and encourages density of 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 on 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 is compatible with
the surrounding land uses and adopted land use plans and policies.
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
Land Use Compatibility: Historically, South Government Avenue and
properties near the current rezoning request have been industrial in use and
appearance. Through the decades, the area has seen redevelopment and
transition from an area of manufacturing, shipping, and warehousing to
include a more diverse mixture of uses. Today, land uses in proximity to the
subject property include a church within a former hardwood sales building,
several warehouses repurposed by the University of Arkansas for arts
department facilities, a recently -constructed multi -family development, the
Farmers' Co-op, and some lower -density residential housing.
These varying land uses make assessing compatibility with the rezoning
request challenging, but staff feels that the limited land area of the property
can act as its own constraint on the intensity of any development, thereby
limiting adverse impacts. Given this, coupled with the many years of ongoing
industrial activity at the subject property's location without documented
issues, staff finds that continued use or development under the permitted
uses of the 1-1 zoning district will be generally compatible with the wide
spectrum of existing industrial, commercial, and residential development.
Furthermore, a recent amendment to the City's industrial zoning districts
allows restaurant and retail activities as permitted uses.
Land Use Plan Analysis: As with determining land use compatibility, and
given the subject property's dual Future Land Use Map designations of City
Neighborhood Area and Complete Neighborhood Plan, assessing land use
plan compatibility for the current rezoning request is difficult. While the City
Neighborhood Area designation does not preclude development of heavy
commercial or light industrial uses, it clearly advocates for a varying mix of
nonresidential and residential uses, which the 1-1 zoning district does not
permit.
Despite this, not all properties within the City Neighborhood Area
designation must accommodate a mix of uses, and in some instances, can
promote employment opportunities adjacent to residential areas in a manner
that reduces the number of vehicle trips while also taking advantage of a
connecting transportation corridor. This is supported by the Downtown
Master Plan when addressing the Mill District, which is loosely defined to
include the properties near Martin Luther King Boulevard, between
Government Avenue in the West and School Avenue in the East. The
Downtown Master Plan calls for the encouragement of existing industrial
uses to remain in the Mill District to provide a different type of jobs than
those in the core. Given these findings, staff contends that the proposed
rezoning meets the intent of City Plan 2030 and the Downtown Master Plan.
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 consistent with the land uses on the property and in the area that have
been ongoing for decades. The subject property's current split -zoned
condition is the result of two City -initiated rezonings: the first in the 1970s
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
to RMF -24 and the second in 2006 to MSC. Taken in combination, these two
rezonings have rendered the existing activity on the property
nonconforming, with no ability to expand the business or any existing
structures.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to 1-1 and R -A will not likely increase traffic danger or
appreciably increase congestion at this location. While South Government
Avenue is classified as a Local Street, Martin Luther King Boulevard/State
Highway 180 is easily accessed to the north and is classified as a Principal
Arterial. Proposed curb cuts, improvements to Government Avenue, and 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: Rezoning the property to 1-1 will not increase the potential for greater
population density. The 1-1, Heavy Commercial and Light Industrial zoning
district does not allow standalone residential uses by right. Given the
location of the property near the fully -improved Martin Luther King
Boulevard, with access to public street, water, and sanitary sewer, the
rezoning request should not undesirably increase the load on services.
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 17-5925 to City Council with a
recommendation for approval based on the findings discussed throughout this report.
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave (Barnes) 562\03 Planning Comm ission\09-25-2017
PLANNING COMMISSION ACTION: Required YES
Date: September 25, 2017 O Tabled ® Forwarded O Denied
Motion: Quinlan Second: Hoffman Vote: 6-2-0, Brown and Niederman
voted 'no'
CITY COUNCIL ACTION: Required YES
Date: Oct.17 (tentative) O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.16, RMF -24, Residential Multi -family, 24 Units per Acre
o §161.27, MSC, Main Street/Center
o §161.30, 1-1, Heavy Commercial and Light Industrial .
• Request Letter
• Downtown Master Plan - Illustrative Map
■ Downtown Master Plan — Previous Zoning Designations
• One Mile Map
• -Close-Up Map
• Current Land Use Map
• Future Land Use Map
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
Unit 3 Public protection and utility facilities
Unit 4 I
Cultural and recreational facilities
Unit 5 )
Government facilities
Unit 11 I!
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home park
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
70 feet
Professional offices
100 feet
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two (2) family
4,000 square feet
Three (3) or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Front
A build -to zone that is
located between the front
property line and a line
25 feet from the front
property line.
Side
Side
Rear
Rear
Other
Single &
Other
Single
Uses
Two (2)
Uses
Family
Family
8 feet
5 feet.
20 feet
5 feet
(F) Building Height Regulations.
Building Height Maximum 30/45/60 feet"
*A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of 30 feet, between 10-20 feet from the master
street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater
than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet.
Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent
single family district, an additional distance of 1 foot for each foot of height in excess of 20 feet.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(111); Ord. No. 2320, 4-6-77; Ord. No. 2700,2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§ 5, 8, 9, 1-17-17)
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
161.27 - Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more
spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center are well-suited to accommodate a mix of uses, such as
apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are
appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily
residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial
zone.
(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 (3) and four (4) family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
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 stores
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
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 Gasoline service stations and drive-in/drive
18 through restaurants
Unit Center for collecting recyclable materials
28
Unit Dance halls
29
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
Unit
A build -to zone that is located
Outdoor music establishments
35
line 25 feet from the front property
Unit
F
Wireless communication facilities
36
Rear
5 feet
Unit
Sidewalk Cafes
40
an alley
Unit
Clean technologies
42
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling (all unit types) 18 feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 56/84 feet'
*A building or a portion of a building that is located between 0 and 15 feet 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 a portion of a building
that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of
84 feet.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-
20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord_ No. 5664, 2-18-14; Ord. No.
5735,1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-
17)
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
A build -to zone that is located
Front
between the front property line and a
line 25 feet from the front property
line.
Side
None
Rear
5 feet
Rear, from
center line of
12 feet
an alley
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 56/84 feet'
*A building or a portion of a building that is located between 0 and 15 feet 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 a portion of a building
that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of
84 feet.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-
20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord_ No. 5664, 2-18-14; Ord. No.
5735,1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§ 5, 7-9, 1-17-
17)
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
161.30 - District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this district
are intended to provide a degree of compatibility between uses permitted in this district and those in nearby
residential districts.
(B) Uses.
(1) Permitted Uses.
Unit City-wide uses by right
1
Unit Public protection and utility facilities
3
Unit Cultural and recreational facilities I
4
Unit Government Facilities
5
Unit Agriculture
6
Unit Eating places
13
Unit Transportation trades and services !
17
Unit Gasoline service stations and drive-in/drive
18 through restaurants
Unit Warehousing and wholesale_
21
Unit Manufacturing
22
Unit Offices, studios and related services
25
Unit Wholesale bulk petroleum storage facilities
27 with underground storage tanks
Unit Clean technologies
42
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
Unit 43 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts
50 feet
Front, when adjoining C, I, or P districts
25 feet
Side, when adjoining A or R districts
! 50 feet
Side, when adjoining C, I, or P districts
F10 feet
Rear
1 25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that any building
which exceeds the height of 25 feet shall be set back from any boundary line of any residential district a distance
of 1 foot for each foot of height in excess of 25 feet.
(G) Building Area None.
(Code 1965, App. A., Art. 5(VI11); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07, Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, § 1(Exh. A), 10-6
G:\ETC\Development Services Review\2017\Development Review\17-5925 RZN
820 S. Government Ave. (Barnes) 562\03 Planning Commission\09-25-2017
August 16, 2017
Mr. Harry Davis
Planner
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
Mr. Davis,
I wantto thankyou and Mr. Gardner for you advice on our property located on South Government Avenue in
Fayetteville. I have enclosed the rezoning application and fees with this letter.
Please accept this letter as response to page 3,section 5 of the rezoning outline.
The subject property is owned by the Barnes Family Trust since 1977. No sale of the property is pending or planned.
Rezoning is requested to allow the installation of a canopy, or covered carport, to obtain a shaded and dry outdoor
working area. We may also consider erection a warehouse building similar to the one currently on the site, to allow a
year round work area,.
The purposed rezoning will not change our trucking operation. It will not increase the volume of traffic to and from the
site. No signage is presently used and none is planned. We will be doing the same business, thatwe have done since
1977 on the sight, but with a more friendly working environment. I feel the rezoning will help us continue our business
until our retirement.
I hope this addresses the purpose of the rezoning and the effect on the site.
ThankYou
Bob Barnes
RZN 17-5925
RD BARNES TRUCKING,LLC
Request
PO Box 988
letter
Farmington,AR 72730
479.521.3511
479.521.8588 FAX
rdbarnestrucking@gmaii.com
August 16, 2017
Mr. Harry Davis
Planner
City of Fayetteville
125 W. Mountain St.
Fayetteville, AR 72701
Mr. Davis,
I wantto thankyou and Mr. Gardner for you advice on our property located on South Government Avenue in
Fayetteville. I have enclosed the rezoning application and fees with this letter.
Please accept this letter as response to page 3,section 5 of the rezoning outline.
The subject property is owned by the Barnes Family Trust since 1977. No sale of the property is pending or planned.
Rezoning is requested to allow the installation of a canopy, or covered carport, to obtain a shaded and dry outdoor
working area. We may also consider erection a warehouse building similar to the one currently on the site, to allow a
year round work area,.
The purposed rezoning will not change our trucking operation. It will not increase the volume of traffic to and from the
site. No signage is presently used and none is planned. We will be doing the same business, thatwe have done since
1977 on the sight, but with a more friendly working environment. I feel the rezoning will help us continue our business
until our retirement.
I hope this addresses the purpose of the rezoning and the effect on the site.
ThankYou
Bob Barnes
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1 inch = 200 feet
Fayetteville City Limits
RZN17-5925 BARNES
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ALLEY 799
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Complete Neighborhood Plan
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NoRTHWESTARKANsAs
fteFile
De Ocrat7VIIl�aze
RECEIVED
DEC 12017
CITY OF FRK, OFFICE
Ordinance:6006
Number: 2017-05G RZN 17-5925: (820 S. GOVERNMENT
AVE./BARNES):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
�_ . .... ....... ... �.,.w... .:..�.... _ 2 ... ...� . , .. ... �..�..
„ . Al
PETITION RZN 17-5925 FOR
APPROXIMATELY 1.73 ACRES
LOCATED AT 820 SOUTH
GOVERNMENT AVENUE FROM RMF -
AFFIDAVIT OF PUBLICATION
24, RESIDENTIAL MULTI FAMILY, 24
UNITS PER ACRE, MSC, MAIN STREET
CENTER, AND I-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL
I Karen Caler, do solemnly swear that I am the Le al Clerk of the
g
TO HEAVY COMMERCIAL &
Northwest Arkansas Democrat -Gazette, printed and in
LtGHT INDUSTRIAL
BE IT ORDAINED BY THE CITY
published
Washington County and Benton County, Arkansas, and of bona nde
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
circulation, that from my own personal knowledge and reference
Section 1. That the City Council of the City
Fayetteville,
of Arkansas hereby changes
to the files of said publication, the advertisement of:
the Zone classification of the property
shown on the map (Exhibit A) and the legal
description (Exhibit B) both attached to the
CITY OF FAYETTEVILLE
Planning Department's Agenda Memo from
RMF -24, Residential Multi Family, 24
Ord. 6006
Units per Acre, MSC, Main Street Center,
and I-1, Heavy Commercial & Light
Industrial to I-1, Heavy Commercial &
Was inserted in the Regular Edition on:
Light Industrial.
Section 2. That the city Council of the city
of Fayetteville, Arkansas hereby amends I
the official zoning map of the City of
November 16, 2017
Fayetteville to reflect the zoning change
provided in Section 1.
PASSED and APPROVED on 11/7/2017
Publication Charges: $ 79.30
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
Va4rCUaler
74344219 Nov. 16, 2017
Subscribed and sworn to before me
This 177 day of )I vv/, 2017.
Notary Public t_
My Commission Expires: Zf k
CATHY WILES
Arkansas - Penton Cotmtlr
1 ..
Notary Public - Comm# 12397113
My Commission Expires Feb 20, 2024
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.