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Home My WebLink AboutORDINANCE 6117113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6117 File Number: 2018-0583 RZN 18-6348 (2454 N. DEANE SOLOMON RDJWILLIAMS TRACTOR): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18- 6348 FOR APPROXIMATELY 1.36 ACRES LOCATED NORTH OF 2454 NORTH DEANE SOLOMON ROAD FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND C-2, THOROUGHFARE COMMERCIAL TO C-2, THOROUGHFARE COMMERCIAL 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 and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial. 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. Page 1 Printed on 1215118 Ordinance 6117 File Number: 2018-0583 PASSED and APPROVED on 12/4/2018 Attest: ��tHir�rrl� Sondra E. Smith, City Clerk �� c• •(i , 7�' `��,'1`�� Paye 2 Printed on 1215118 RZN18-6348 WILLIAMS TRACTOR 18-6348 Close Up View EXHIBIT 'A' LORI DR RI -12 EMIL DR F' Ir - M . N N W Q � PR� a RMF -24 Proposed 0•2 CPZD =4 ="- Subject Property IN A& NORTH' Legend Zoning Acres Planning Area UT 4.5 Fayetteville City Limits Trail (Proposed) Feet Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Total 4.5 18-6348 EXHIBIT 'B° LEGAL DESCRIPTION: A PART OF THE SOUTH -HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 AND RUNNING THENCE N90000'00"E 330.00', THENCE N00005'08"W 660.00', THENCE N90000'00"E 435.46' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N90000'00"E 191.31', THENCE S00°00'00"E 310.00', THENCE N90000'00"W 191.31', THENCE N00°00'00"W 310.00' TO THE POINT OF BEGINNING, CONTAINING 1.36 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. G� City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 1 (479) 575-8323 Text File File Number: 2018-0583 Agenda Date: 12/4/2018 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 18-6348 (2454 N. DEANE SOLOMON RD./WILLIAMS TRACTOR): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6348 FOR APPROXIMATELY 1.36 ACRES LOCATED NORTH OF 2454 NORTH DEANE SOLOMON ROAD FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND C-2, THOROUGHFARE COMMERCIAL TO C-2, THOROUGHFARE COMMERCIAL 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 and C-2,- Thoroughfare -2;Thoroughfare Commercial to C-2, Thoroughfare Commercial. 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 121512018 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2018-0583 Legistar File ID 11/8/2018 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/19/2018 City Planning/ Development Services Department Submitted Date Division / Department Action Recommendation: RZN 18-6348: Rezone (N. OF 2454 N. DEANE SOLOMON RD./WILLIAMS TRACTOR, 286): Submitted by BATES & ASSOCIATES, INC. for property located NORTH OF 2454 N. DEANE SOLOMON RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.36 acres. The request is to rezone the property to C-2, THOROUGHFARE COMMERCIAL. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ r. V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments Approval Date: CITY OF 11 FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 8, 2018 TO: Mayor, Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Jonathan Curth, Senior Planner Andrew Garner, City Planning Director DATE: October 19, 2018 CITY COUNCIL MEMO SUBJECT: RZN 18-6348: Rezone (N. OF 2454 N. DEANE SOLOMON RD.1WILLIAMS TRACTOR, 286): Submitted by BATES & ASSOCIATES, INC. for property located NORTH OF 2454 N. DEANE SOLOMON RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.36 acres. The request is to rezone the property to C-2, Thoroughfare Commercial. RECOMMENDATION: The Planning Commission and staff recommend approval of the requested rezoning as depicted in Exhibits 'A' and 'B'. BACKGROUND: The subject property is located south of Moore Lane, between Deane Solomon Road to the west and Foxglove Drive to the east. Although the portion proposed for rezoning is designated as RMF - 24, Residential Multi -family, 24 Units per Acre, and C-2, Thoroughfare Commercial, the overall property is further split zoned in to 1-1, Heavy Commercial and Light Industrial. The property is developed with a large agricultural equipment business, Williams Tractor, which has been in operation since the mid-1970s. Since its founding, Williams Tractor has expanded incrementally westward to its current extent. In 2018, staff received a complaint that a portion of the property zoned residentially was being used commercially. This was confirmed and a violation letter was issued. Staff met with the applicant and advised that use of the residentially -zoned property for commercial purposes requires a rezoning to a district that permits Use Unit 17, Transportation Trades and Services, under which may be found the retail sales of farm equipment. Request: The request is to rezone a 1.36 -acre portion of the approximately 19 -acre parcel from RMF -24, Residential Multi -family, 24 Units per Acre, and C-2, Thoroughfare Commercial, to a uniform C-2, Thoroughfare Commercial designation, effectively 'squaring -off' the existing C-2 to the south and east. The applicant has stated that the request is for continued use of the subject property in association with Williams Tractor. Public Comment: Staff has received no public comment concerning the request. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Compatibility: Staff finds that the proposed rezoning is compatible with adjacent land uses. The properties immediately surrounding the subject property are either developed in association with the property owner's agricultural equipment sales business or undeveloped. That said, a broader perspective of the area brings in to consideration several uses that include large lot residential, 2 -family residential, an abandoned golf course, a church, and a single -story office building. Much of this existing development may not compatible with the scale or activity of the uses permitted with the C-2 zoning district, but staff finds that their distance from the subject property can mitigate and buffer any compatibility issues. Land Use Plan Analysis: The property is designated as City Neighborhood Area and staff finds the proposal to be generally consistent with this designation. The City Neighborhood Area states that it will "recognize existing strip commercial development" and Guiding Policy A indicates that it will "protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas". The rezoning recognizes the existing Williams Tractor business that has been in this location for many years. The proposal will make a more logical zoning boundary for continued use of this business along a busy highway frontage road. As indicated earlier, the proposed zoning boundary is configured to protect adjoining properties from potential adverse impacts from non-residential use. The overall property retains the undeveloped corner of Moore Lane and Deane Solomon Road in a multi -family, form -based zoning district. The rezoning facilitates west -east transition across this site from multi -family to a highway -oriented outdoor tractor sales business. DISCUSSION: On September 24, 2018, the Planning Commission tabled the item at the applicant's request so that the property owner could revisit their proposal. At the October 8, 2018 Planning Commission meeting, the applicant had revised their proposed rezoning from 4.46 acres to 1.36 acres and from UT, Urban Thoroughfare, to C-2, Thoroughfare Commercial. The Commission forwarded the request with a recommendation for approval by a vote of 7-0-0. No public comment was made regarding this request. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN18-6348 WILLIAMS TRACTOR 18-6348 Close Up View EXHIBIT 'A' M M N D N LL F- � � a z a > .2 PR, a JO O W CPLD W z Q W R -A LORI DR Droposed Subject Property f 1 1 R1-12 - R 1111 -24 C-2 EMIL DR ,A& NORTH Legend zoning Acres ' Planning Area UT 4.5 t � - _ Fayetteville City Limits Trail (Proposed) Feet Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet Total 4.5 18-6239 EXHIBIT *B' LEGAL DESCRIPTION: A PART OF THE SOUTH -HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO - WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 AND RUNNING THENCE N90000'00"E 330.00', THENCE N00005'08"W 660.00', THENCE N90000'00"E 435.46' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE N90000'00"E 191.31', THENCE S00°00'00"E 310.00', THENCE N90000'00"W 191.31', THENCE N00000'60"W 310.00' TO THE POINT OF BEGINNING, CONTAINING 1.36 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS _7 TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jonathan Curth, Senior Planner MEETING DATE: October 8, 2018 (Updated with Planning Commission Results) SUBJECT: RZN 18-6348: Rezone (N. OF 2454 N. DEANE SOLOMON RD.1WILLIAMS TRACTOR, 286): Submitted by BATES & ASSOCIATES, INC. for property located NORTH OF 2454 N. DEANE SOLOMON RD. The property is zoned RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.36 acres. The request is to rezone the property to C-2, Thoroughfare Commercial. RECOMMENDATION: Staff recommends forwarding RZN 18-6348 to the City Council with a recommendation of approval, based on the findings contained in this report. RECOMMENDED MOTION: "I move to forward RZN 18-6348 to the City Council with a recommendation of approval." SEPTEMBER 24th PLANNING COMMISSION MEETING: At the September 24th Planning Commission meeting the applicant requested the item be tabled so that the property owner could revisit and reconsider their request. Since that time, the applicant has revised their request from 4.46 acres to the 1.36 acres that are the subject of a current zoning violation. Additionally, the request was modified from UT, Urban Thoroughfare, to C-2, Thoroughfare Commercial. BACKGROUND: The subject property is located south of Moore Lane, between Deane Solomon Road to the west and Foxglove Drive to the east. Although the portion proposed for rezoning is designated as RMF - 24, Residential Multi -family, 24 Units per Acre, and C-2, Thoroughfare Commercial, the overall property is further split zoned in to 1-1, Heavy Commercial and Light Industrial. The property is developed with a large agricultural equipment business, Williams Tractor, which has been in operation since the mid-1970s. Since its founding, Williams Tractor has expanded incrementally westward to its current extent. In 2018, staff received a complaint that a portion of the property zoned residentially was being used commercially. This was confirmed and a violation letter was issued. Staff met with the applicant and advised that use of the residentially -zoned property for commercial purposes requires a rezoning to a district that permits Use Unit 17, Transportation Trades and Services, under which may be found the retail sales of farm equipment. Surrounding land use and zoning is depicted in Table 1. Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 1 of 15 Table 1: Surroundinq Land Use and Zoninq Direction Land Use Zoning North Undeveloped R -A, Residential -Agricultural South Farm Equipment Sales C-2, Thoroughfare Commercial West Undeveloped RMF -24, Residential Multi -family, 24 Units per Acre East Farm Equipment Sales C-2, Thoroughfare Commercial Request: The request is to rezone a 1.36 -acre portion of the approximately 19 -acre parcel from RMF -24, Residential Multi -family, 24 Units per Acre, and C-2, Thoroughfare Commercial, to a uniform C-2, Thoroughfare Commercial designation, effectively `squaring -off' the existing C-2 to the south and east. The applicant has stated that the request is for continued use of the subject property in association with Williams Tractor. Public Comment: Staff has received no public comment concerning the request. Several members of the public have contacted staff concerned that this request is related to the former Razorback Golf Course to the northwest. It is not. INFRASTRUCTURE: Streets: The subject property has access to West Moore Lane, which is classified by the Master Street Plan as a Collector Street. Moore Lane is an unimproved, asphalt Collector Street with no existing curb, gutter, or sidewalk. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is not available to this portion of the overall property. There is a water main along Shiloh Drive that serves the existing business. Development of this 1.36 -acre site independently of the overall 19 -acre property may require an offsite extension of sanitary sewer. Sewer: Public sanitary sewer is not available to this portion of the overall property. The nearest sanitary sewer main is an 8 -inch main stub -out located just to the east of the area proposed for rezoning. Development of this 1.36 -acre site independently of the overall 19 -acre property may require an offsite extension of sanitary sewer. Drainage: No portion of this property is identified as FEMA regulated floodplains or the Hillside -Hilltop Overlay District. There are no protected streams on this parcel nor are there any identified hydric soils. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department has commented that despite a fire response time of seven minutes, or one minute over their goal, they do not anticipate a negative impact given the site is existing. Police: The Police Department expressed no concerns with this request. GAETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 2 of 15 CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. 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: Land Use Compatibility: Staff finds that the proposed rezoning is compatible with adjacent land uses. The properties immediately surrounding the subject property are either developed in association with the property owner's agricultural equipment sales business or undeveloped. That said, a broader perspective of the area brings in to consideration several uses that include large lot residential, 2 -family residential, an abandoned golf course, a church, and a single -story office building. Much of this existing development may not compatible with the scale or activity of the uses permitted with the C-2 zoning district, but staff finds that their distance from the subject property can mitigate and buffer any compatibility issues. Land Use Plan Analysis: The property is designated as City Neighborhood Area and staff finds the proposal to be generally consistent with this designation. The City Neighborhood Area states that it will "recognize existing strip commercial development" and Guiding Policy A indicates that it will "protect adjoining properties from the potential adverse impacts associated with non-residential uses adjacent to and within residential areas". The rezoning recognizes the existing Williams Tractor business that has been in this location for many years. The proposal will make a more logical zoning boundary for continued use of this business along a busy highway frontage road. As indicated earlier, the proposed zoning boundary is configured to protect adjoining properties from potential adverse impacts from non-residential use. The overall property retains the undeveloped corner of Moore Lane and Deane Solomon Road in a multi- family, form -based zoning district. The rezoning facilitates west -east transition across this site from multi -family to a highway -oriented outdoor tractor sales business. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning to C-2 is needed as a step to begin addressing documented zoning and grading violations on the subject property. These violations have resulted from the expansion of the property owner's business westward from the adjacent commercially -zoned property. The property owner currently operates an agricultural equipment sales business and has an interest in allowing the use to remain. 3. A determination as to whether the proposed zoning would create or appreciably increase GAETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 3 of 15 traffic danger and congestion. Finding: The specific portion of the overall property proposed for rezoning has access to Moore Lane, and unimproved asphalt Collector Street. Given the nature of the request, it is unlikely that rezoning the subject property will lead to an adverse increase in the amount of traffic to Moore Lane or Shiloh Drive to the east, which acts as the entrance to Williams Tractor. Any proposal to also access Moore Lane or redevelop the property will be subject to the City's access management ordinance and possible street improvements. 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: Provided the almost complete lack of permitted residential uses under the C-2 designation, rezoning the property from RMF -24 to C-2 would not increase the potential for density. However, the lack of public water along Moore Lane and limited sanitary sewer access may necessitate extension with development of the property. That said, use of the property in association with the existing business will likely limit negative impacts on services, particularly given the unpaved equipment yard nature of the site. Future development would be vetted under the City's development ordinances for any improvements necessary to mitigate potential impacts. 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: 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: Planning staff recommends forwarding RZN 18-6348 to the City Council with a recommendation of approval. GAETC\Development Services Revie\AA2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 4 of 15 (PLANNING COMMISSION ACTION: Required YES (Date: October 8, 2018 Motion: Winston Second: Johnson Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded O Denied Attachments: • Unified Development Code: o §161.16 - District RMF -24, Residential Multi -family, 24 Units per Acre O §161.23 —District C-2, Thoroughfare Commercial ■ Fire Department Memo • Request letter One Mile Map • Close-up Map Current Land Use Map Future Land Use Map GAETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 5 of 15 161.16 - 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 Unit 8 Unit 9 Unit 10 Unit 26 Unit 41 Unit 44 City-wide uses by right Single-family dwellings Two-family dwellings � I Three (3) and four (4) family dwellings Multi -family dwellings Accessory dwellings Cluster Housing Development (2) Conditional Uses. Unit 2 Unit 3 Unit 4 Unit 5 Unit 11 Unit 12a Unit 24 Unit 25 Unit 36 City-wide uses by conditional use permit Public protection and utility facilities Cultural and recreational facilities Government facilities Manufactured home park Limited business�� Home occupations Professional offices Wireless communications facilities f (C) Density. Units per acre24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 1100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 1 70 feet�j Professional offices 100 feet ' (2) Lot Area Minimum G:\ETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 6 of 15 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 l 7,000 square feet Fraternity or Sorority 2 acre Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Side Sid & Rear Rear Front Other SingleOther Single j Uses Two (2) Family Uses Family A build -to zone that is located between the front property line and a line 8 feet 5 feet 20 feet 5 feet 25 feet from the front property line. I (F) Building Height Regulations. Building Height 2 stories/3 stories/5 Maximum stories* * 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 two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories 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 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (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. G:\ETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 7 of 15 161.23 - 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 1 City-wide uses by right Unit 4 F Cultural and recreational facilities E Unit 5 Government Facilities Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Sidewalk Cafes Gasoline service stations and drive-in/drive through Unit 18 restaurants Unit 19 + Commercial recreation, small sites Unit 20 Unit 25 Unit 33 Unit 34 Unit 44 Unit 45 Commercial recreation, large sites Offices, studios, and related services Adult live entertainment club or bar Liquor store Cluster Housing Development 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 1 Mini -storage units Unit 40 Sidewalk Cafes Unit 42 ........ .... Clean technologies Unit 43 . Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. G:\ETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 8of15 Front 15 feet Front, if parking is allowed between the 50 right-of-way and the building feet Side i None Side, when contiguous to a T 15 residential district feet Rear 20 feet (F) Building Height Regulations. Building Height Maximum 6 stories* * If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from side boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. GAETC\Development Services Review\2018\Development Review\18-6348 RZN North of 2454 N. Deane Solomon Rd. (Williams Tractor) 286\03 Planning Commission\10-08-2018 Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 9 of 15 CITY OF Fay%4-11e ANSAS TO: Jonathan Curth, Planner CC: Assistant Chief Brad Hardin Battalion Chief Brian Sloat, Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: September 18, 2018 SUBJECT: RZN 18-6348: Rezone (2454 N. Deane Solomon RdJWilliams Tractor, 286) f pY ETTEVII kC rIRr Q@Pt. F F Q AHK• The Fire Department has no comments regarding the rezoning request. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. The site will be protected by Ladder 2, located at 708 N. Garland Avenue. The property is located approximately 2.6 miles from the fire station with a drive time of approximately 7 minutes. The anticipated response time would be approximately 9.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. FAYETTEVILLE FIRE MARSHAL'S OFFICE Planning Commission 833 N. Crossover Road www.fayettevilleQi*s�O. 2018 Fayetteville, AR 72701-2701 Ag ams Items 18-6348 Williams Tractor Page 10 of 15 _ RZN 18-6348 1/1�00 Bates i Request ■� Associates, I nc. Letter Civil Englneering ;^;;= Sumying 7230 S. Pleasant Ridge Dr / Fayetteville, AR 72704 PH: 479-442-9350 * FAX: 479-521-9350 October 2, 2018 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 RE: West Moore Lane Rezoning Request — Project Letter Dear City Staff, Doug Williams, of Williams Tractor, and Bates & Associates, Inc. are proposing a Rezoning on West Moore Lane (1.36 acres, part of Washington County Parcel #765-15879-000). This portion of the subject parcel is currently undeveloped. The portion of the said subject parcel is currently zoned RMF -24 and C-2. The Applicant requests that the parcel be rezoned to C-2 — Thoroughfare Commercial. This proposed rezoning is compatible with the Future Land Use designation of City Neighborhood Area. The current zoning district of the parcel directly to the North, across West Moore Lane, is R -A, and is currently used as Single Family and Agricultural. The parcel adjacent to the East is zoned C-2, as is a majority of the larger parcel that this proposed Rezoning is a part of, all of which is currently used as Farm Equipment Sales, which is allowed as Use Unit 17 under said zoning district. The parcel to the southwest of the area of the proposed rezoning is zoned RMF -24, and is currently occupied by a church. The remainder of the parcel of which this rezoning applies is to remain RMF -24. Currently, the property to be rezoned is being used as part of the overall Williams Tractor business. This rezoning request is to bring the use that portion of the property into compliance, as Use Unit 17 (Transportation Trades and Services) is not allowed under the current RMF -24 zoning district. The proposed rezoning to C-2 will provide the opportunity for the owner to use said portion of the property for farm equipment sales. Because the area to be rezoned per this request is bordered on the East and South by the C-2 zoning district, the Applicant feels that this is a compatible zoning district to those surrounding lands. As the portion of the subject parcel to the west will remain RMF -24, the Applicant feels that this proposed rezoning will minimally affect the surrounding neighborhood. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely Jason Young Bates & Associates, Inc. Planning Commission October 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 11 of 15 VINICITY MAP Planning Commission October 8, 2016 Agenda Item 5 18-6348 Williams Tractor Page 12 of 15 RZN18-6348 WILLIAMS TRACTOR A&One Mile View NORTH ,f 0 0 125 0.25 0.5 Miles i 9 r CP%D R `C qV� 0 0. r rn SF -4 z i' r �. P-1 EXTRACTION Subject Property + 4w 4 s » 1� ■FF � ...t� � ' v I MOOFR" to �fill iI 1. RiNIF-24 I ► NS -L R' i A +j 4 RESIDENTIAL MULTI -FAMILY k r C-2 Legend _ - - N,I-dh..e L_ _ Planning Area s.�,•.,.. KNAPP L - - Fayetteville City Limits PLANNED ZONING DISTRICTS +w ~ Shared Use Paved Trail •k ��i iF1F3E Trail (Proposed) INSTITUTIONAL W Design Overlay District ---- ------ _., C1 - Building Footprint MOUNT CQMF T RD - 18-6348 Williams Tractor P-1 EXTRACTION ro + 12-0+, 121-U I Y to ` -1 4, RiNIF-24 r� / x R' riF �Illr. RESIDENTIAL MULTI -FAMILY L= rA Ilio Cjr qui cn iln� Legend _ - - N,I-dh..e L_ _ Planning Area s.�,•.,.. L - - Fayetteville City Limits PLANNED ZONING DISTRICTS ❑ ~ Shared Use Paved Trail •k ��i iF1F3E Trail (Proposed) INSTITUTIONAL Design Overlay District ---- ------ _., _____ Planning Area - Building Footprint Fayetteville City Limits - ^^ EXTRACTION RESIDENTIAL SINGLE-FAMILY =- In::hilnl,a::ii:�r..i COMMERCIAL ` �C - FORM BASED DISTRICTS R' riF �Illr. RESIDENTIAL MULTI -FAMILY L= rA Ilio Cjr qui cn iln� n,...„�:,•:'Nq0 ..:11G..nn:I - - N,I-dh..e s.�,•.,.. PLANNED ZONING DISTRICTS _ •k ��i OUSTRIAL INSTITUTIONAL Planning C misSibn Y 8. 2018 Agenda Item 5 18-6348 Williams Tractor Page 13 of 15 RZN18-6348 WILLIAMS TRACTOR Close Up View EMIL DR D CP%D J Subject Property. / C-2 Legend Planning Area L _ _ Fayetteville City Limits Feet Trail (Proposed) ._ Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet ,Af 'J& NORTH Zoning Acres UT 45 Tota 1 4.5 Planning Ca gsion 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 14 of 15 � M N N Z Q FW -- j '- a pR� tir O J O W Z Q W D R -A EMIL DR D CP%D J Subject Property. / C-2 Legend Planning Area L _ _ Fayetteville City Limits Feet Trail (Proposed) ._ Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet ,Af 'J& NORTH Zoning Acres UT 45 Tota 1 4.5 Planning Ca gsion 8, 2018 Agenda Item 5 18-6348 Williams Tractor Page 14 of 15 RZN18-6348 WILLIAMS TRACTOR A& Current Land Use NORTH y � ' r� •�� p1NEHILL 5 E7_R,# w r: bVOLF RUN ❑R ►- 411 d r 4 Single Family - i Aw - LOJ R1 DR r� — 71' Subject Property ,,.. Multi-Family ?. + ,• 1.1 0 6- Q rn• j t `'' Commercial Y R WJu ,y °fie , µ z't°" Ace;- d o Commercial p EMIL DR_ 1.r '� ` ► �9 "` 452 .' 41 Cj �. :�• 'X Streets Existing FEMA Flood Hazard Data MSP Class COLLECTOR � FREEWAYIE;(PRESSIVAY 11111 ear Flondphdn MINOR ARTERIAL Feet � Plr_i rn_r::rf 71? V f Tr•�d (Prcp:ucd) �r'hnningAre� 0 112.5 225 450 675 900 L _ F'ryP,evillr•. Cil;' Limitr' 1 inch = 300 feet LDesign Overly, DiVricl Planning Co miaSipn r ,3, 201,3 Agenda Item 5 18=634,3 Williams Tractor Page 15 Or 15 RECEIVED DEC 21 �ORTHWHTARKANsAs C'i l UY t' oily VeM007 Azette�75; iii �iri_,r I:,(�•d 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. 6117 Was inserted in the Regular Edition on: December 13, 2018 Publication Charges: $ 71.50 Cathy Wiles Subscribed and sworn to before me This 1,7 ["day of rjec , 2018. Notary Public My Commission Expires: 3.16- ZS * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. '`,'ttttlttiit111t11�11jr SA:'1C1 1�r,, � : 4�• fY V !� hlw�Fd� �= r n b t'r< 4r w b •� Irrl•+III!lSttt� Ordinance: 6117 File Number: 2018-0583 RZN 18-6348 (2454 N DEANE SOLOMON RD /WILLIAMS TRACTOR): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6348 FOR APPROXIMATELY 1.36 ACRES LOCATED NORTH OF 2454 NORTH DEANE SOLOMON ROAD FROM RMF -24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE AND C-2, THOROUGHFARE COMMERCIAL TO C-2, THOROUGHFARE COMMERCIAL BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FAYETI'EVILLE, ARKANSAS: Section 1: Thal 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 IFom RMF -24, Residential Mulli Family, 24 Units Per Acre and C-2, Thoroughfare Commercial to C-2, Thoroughfare Commercial. 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 I PASSED and APPROVED on 12/4/2018 Approved: Alred Lioneld Jordan, Mayor Sondra E Smith, Cily (Clerk Treasurer 74776648 Dec. 13, 2018