HomeMy WebLinkAboutORDINANCE 6160113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6160
File Number: 2019-0126
RZN 18-6523 (504 W. PRAIRIE ST./PETERS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-
6523 FOR APPROXIMATELY .99 ACRES LOCATED AT 504 WEST PRAIRIE STREET FROM I-1,
HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL
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 I-1, Heavy Commercial & Light Industrial
to DG, Downtown General.
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 3/19/2019
Attest:
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Page 1 Printed on 3120119
EXHIBIT "Bo
18-6523
North 2 parcels to RI -W:
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 110.00' FROM THE NORTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E 150.20' TO THE WEST
RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 212.70', THENCE LEAVING
SAID RIGHT-OF-WAY N90°00'00"W 212.10' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE
N00°00'04"E 203.50' TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
South 2 parcels (to DG):
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 313.50' AND S90°00'00"E 146.00'
FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00100"E
66.1070 THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E
140.06', THENCE N90°00'00"W 106.85', THENCE N00°00'00"W 134.00' TO THE POINT OF BEGINNING,
CONTAINING 0.27 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST PRAIRIE STREET RIGHT-
OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
R Text File
File Number: 2019-0126
Agenda Date: 3/19/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 4
RZN 18-6523 (504 W. PRAIRIE ST./PETERS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
18-6523 FOR APPROXIMATELY .99 ACRES LOCATED AT 504 WEST PRAIRIE STREET FROM
I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO DG, DOWNTOWN GENERAL
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 I-1, Heavy Commercial & Light Industrial to DG, Downtown General.
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 312012019
Garner Stoll
City of Fayetteville Staff Review Form
2019-0126
Legistar File ID
3/5/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/15/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 18-6523: Rezone (504 W. PRAIRIE ST./PETERS, 523): Submitted by MIKE BAUMANN for properties located at
504 W. PRAIRIE ST. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain
approximately 0.99 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN, and
DG, DOWNTOWN GENERAL.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $
Funds Obligated $
Current Balance �1
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 5, 2019
TO: Mayor, Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: February 15, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 18-6523: Rezone (504 W. PRAIRIE ST./PETERS, 523): Submitted by MIKE
BAUMANN for properties located at 504W. PRAIRIE ST. The properties are zoned
1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain approximately
0.99 acres. The request is to rezone the property to RI -U, RESIDENTIAL
INTERMEDIATE -URBAN, and DG, DOWNTOWN GENERAL.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to RI -U, Residential Intermediate -Urban, and DG, Downtown General, as shown in the
attached Exhibits `A' and 'B'.
BACKGROUND:
The subject property is north of Prairie Street's intersection with Gregg Avenue, with the Frisco
Trail bordering its eastern boundary. Although part of Fayetteville since 1870, this property was
not a party of the Downtown Master Plan and retains a 1-1, Heavy Commercial and Light Industrial,
zoning designation. Development on the property is limited to one single-family dwelling which
was constructed in 1904. Along the western edge of the property, the Tanglewood Branch flows
southward, with the stream and its riparian corridor subject to the requirements of the Streamside
Protection Zones ordinance. However, the property does not contain any designated floodplain.
Request: The request is to rezone the four parcels of the subject property from 1-1 to RI -U,
Residential Intermediate -Urban, and DG, Downtown General. The two parcels with frontage along
Prairie are proposed as DG, totaling 0.27 acres, while the remaining two are proposed as RI -U,
totaling 0.85 acres (see attached map exhibit). The applicant has stated in their request letter
that this rezoning is necessary to facilitate compatible development using existing infrastructure.
Land Use Compatibility: Staff finds the requested zoning districts to be compatible with adjacent
land uses. Although the majority of adjacent land uses are single-family, the larger area includes
a diversity of activities, densities, and building types that will be permitted by the DG and RI -U
zoning districts with their flexibility of lot size and allowance for attached housing. Additionally,
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
with the exception of the westernmost properties on Prairie Street, every lot is zoned to permit a
mixture of residential and nonresidential uses.
Land Use Plan Analysis: The proposed zoning is compatible with City Plan 2030, the Future Land
Use Map (FLUM) and the City Neighborhood designation of the subject property. Both the RI -U
and DG zoning districts, with their associated build -to -zones, facilitate walkable streets and
development in a traditional town form that allows a range of detached and attached housing
types and nonresidential uses. With existing streets, water, and sewer available, development of
the subject property will utilize City infrastructure and services without the need for significant new
facilities or extensions, and the greater density of the proposed rezoning will allow more residents
to use those facilities.
The applicant has requested the zoning change to allow for development of the property that is
compatible with adjacent land uses. Staff agrees with this assertion and contends that the existing
industrial zoning district is a legacy of this area's history of warehousing and processing facilities
near the railway. With Fayetteville's growth and evolution over the subsequent decades, this
portion of the City has largely shifted towards housing, services, and retail on lots with smaller
footprints. The 1-1 zoning and its associated setbacks is not conducive to the dense and diverse
development anticipated in the Downtown area.
DISCUSSION:
On January 28, 2019, the Planning Commission tabled the item at the applicant's request so that
the applicant could consider a more nuanced proposal than the original application for RI -U for all
four parcels. At that meeting, several members of the public spoke in opposition to the request,
citing varying concerns, including that the property should only be developed as single-family,
that it will not adequately address the adjacent Razorback Greenway, and that it may affect
development potential for the remaining property zoned 1-1 to the north.
On February 11, 2019, the Planning Commission forwarded a revised request for the two parcels
on Prairie Street to be zoned DG and the remainder of the property to be zoned Rl-U. No public
comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
Planning Commission Staff Report
RZN18-6523 PETERS EXHIBIT 'A'
Close Up View 18-6523
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RSF-7
101 F •411
UNIVERSITY AVE
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Subject Property
SOUTH
Legend
-' Planning Area
L - - Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
_. Design Overlay District
Building Footprint
PRAIRIE ST —•---__ I
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0
W
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Feet
0 35 70 140 210 280
1 inch = 100 feet
!INC
NORTH
Zo,linct Acres
RI -LJ 0.85
DG 0.27
Total 1.12
EXHIBIT 'B'
18-6523
North 2 parcels (to RI -U);
APART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 110.00' FROM THE NORTHWEST
CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E 150.20' TO THE WEST
RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E 212.70', THENCE LEAVING
SAID RIGHT-OF-WAY N90°00'00"W 212.10' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE
N00°00'04"E 203.50' TO THE POINT OF BEGINNING, CONTAINING 0.85 ACRES, MORE OR LESS. SUBJECT
TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD.
South 2 parcels to DG):
A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS SOUTH 313.50' AND S90°00'00"E 146.00'
FROM THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE N90°00'00"E
66.10'TO THE WEST RAILROAD RIGHT-OF-WAY, THENCE ALONG SAID RIGHT-OF-WAY S16°55'00"E
140.06', THENCE N90°00'00"W 106.85', THENCE N00°00'00"W 134.00' TO THE POINT OF BEGINNING,
CONTAINING 0.27 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST PRAIRIE STREET RIGHT-
OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS
AND RIGHTS-OF-WAY OF RECORD.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
f M: ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: February 11, 2019 (Updated with Planning Commission Results)
SUBJECT: RZN 18-6523: Rezone (504 W. PRAIRIE STREETIPETERS, 523):
Submitted by MIKE BAUMANN for properties located at 504 W. PRAIRIE
ST. The properties are zoned 1-1, HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL and contain approximately 0.99 acres. The request is to
rezone the property to RI -U, RESIDENTIAL INTERMEDIATE, URBAN, and
DG, DOWNTOWN GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN 18-6523 to City Council with a recommendation of approval
based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward RZN 18-6523 to City Council with a recommendation for approval."
JANUARY 28, 2019 PLANNING COMMISSION MEETING:
At the January 291h, 2019 Planning Commission meeting the Planning Commission
recommended the applicant consider alternative zoning options, including that either the
entirety of the property by proposed as DG, Downtown General, or only the two parcels
adjacent to Prairie Street be proposed as DG. The applicant has revised their request to
the latter option and staff is recommending in favor.
BACKGROUND:
The subject property is north of Prairie Street's intersection with Gregg Avenue, with the Frisco
Trail bordering its eastern boundary. Although part of Fayetteville since 1870, this property was
not a party of the Downtown Master Plan and retains a 1-1, Heavy Commercial and Light Industrial,
zoning designation. Development on the property is limited to one single-family dwelling which
was constructed in 1904. Along the western edge of the property, the Tanglewood Branch flows
southward, with the stream and its riparian corridor subject to the requirements of the Streamside
Protection Zones ordinance. However, the property does not contain any designated floodplain.
Surrounding land use and zoning is provided on Table 1.
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 1 of 20
Table 1
Surroundinq Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
1-1, Heavy Commercial and Light Industrial
South
Single-family Residential;
Warehouse
R -O, Residential Office
DG, Downtown General
East
Single-family Residential
P-1, Institutional
West
Single-family Residential
1-1, Heavy Commercial and Light Industrial;
R -C. Residential Office
Request: The request is to rezone the four parcels of the subject property from 1-1 to RI -U and
DG, Downtown General. The two parcels with frontage along Prairie are proposed as DG, totaling
0.27 acres, while the remaining two are proposed as RI -U, totaling 0.85 acres (see attached map
exhibits). The applicant has stated in their request letter that this rezoning is necessary to facilitate
compatible development using existing infrastructure.
Public Comment: Staff has received public comment in opposition to the request, citing concerns
that this property will be developed similar to the lots east of the adjacent trail, with fencing all
along the Razorback Greenway. Other public comment (attached) includes concerns about the
appropriateness of attached residential at this location, and that a zoning district that permits lower
density and single-family uses is preferable.
INFRASTRUCTURE:
Streets: The overall subject property has access to West Prairie Street, which is an
improved street of approximately 31 feet in width. Improvements to Prairie have
been made over the past years by neighboring development, but the subject
property's frontage on Prairie remains mostly undeveloped with sidewalk at
pavement elevation along the northern side, no curb and gutter, and no storm
drainage. Any street improvements required in this area will be determined at the
time of development proposal.
Water: Public water is available to the site. An 8 -inch water main runs along the north
side of Prairie Street.
Sewer: Public water is available to the site. An 8 -inch water main runs along the south
side of Prairie Street.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of the subject property lies within the
FEMA designated 100 -year floodplain, and no portion of the property is
designated as Hillside -Hilltop Overlay District (HHOD). As noted above, the
Tanglewood Branch flows along the western boundary of the subject property.
Any development on site would need to be done in accordance with City
Streamside Protection Zone requirements, including limitations on
imperviousness and land uses. Hydric soils are present on this site and a
wetland evaluation may be required at the time of development proposal to
ensure compliance with state and federal guidelines.
Fire: The Fire Department did not express any concerns with this request. The site will
be protected by Ladder 1, located at 303 West Center Street, with an anticipated
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504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 2 of 20
response time of approximately 4.2 minutes. This is well under the response time
goal of six minutes for an engine and eight minutes for a ladder truck.
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 subject property for 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 the requested zoning districts to be
compatible with adjacent land uses. Although the majority of adjacent land
uses are single-family, the larger area includes a diversity of activities,
densities, and building types that will be permitted by the DG and RI -U zoning
districts with their flexibility of lot size and allowance for attached housing.
Additionally, with the exception of the westernmost properties on Prairie
Street, every lot is zoned to permit a mixture of residential and nonresidential
uses.
Land Use Plan Analysis: The proposed zoning is compatible with City Plan
2030, the Future Land Use Map (FLUM) and the City Neighborhood
designation of the subject property. Both the RI -U and DG zoning districts,
with their associated build -to -zones, facilitate walkable streets and
development in a traditional town form that allows a range of detached and
attached housing types and nonresidential uses. With existing streets,
water, and sewer available, development of the subject property will utilize
City infrastructure and services without the need for significant new facilities
or extensions, and the greater density of the proposed rezoning will allow
more residents to use those facilities.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has requested the zoning change to allow for development of
the property that is compatible with adjacent land uses. Staff agrees with
this assertion and contends that the existing industrial zoning district is a
legacy of this area's history of warehousing and processing facilities near
the railway. With Fayetteville's growth and evolution over the subsequent
decades, this portion of the City has largely shifted towards housing,
services, and retail on lots with smaller footprints. The 1-1 zoning and its
associated setbacks is not conducive to the dense and diverse development
anticipated in the Downtown area.
A determination as to whether the proposed zoning would create or appreciably increase
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February 11, 2019
Agenda Item 3
18-6523 Peters
Page 3 of 20
traffic danger and congestion.
Finding: This proposal is not expected to increase traffic danger or congestion to a
significant degree over the existing zoning. Future development will be
subject to City street design and access management standards. The size of
the property and the on-site Streamside Protection Zone requirements
associated with the Tanglewood Branch limit the scale and scope of any
development to a degree that limits congestion potential.
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: Despite a lack of density limitations under the RW or DG zoning districts,
the size of the property, its narrow street frontage, and the limitations on
development imposed by the Streamside Protection Zone will restrict
density on the site to a degree that staff contends will not adversely impact
school, water, sewer, or service capacities.
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: Planning staff recommends forwarding RZN 18-6523 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: Febl'Uary 11 2019 O Tabled ® Forwarded
Motion: Brown
Second: Johnson
JVote: .3 -a -a
O Denied
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February 11, 2019
Agenda Item 3
18-6523 Peters
Page 4 of 20
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.12 — District RI -U, Residential Intermediate — Urban
o §161. 28- DG, Downtown General
C, §161.30— 1-1, Heavy Commercial and Light Industrial
• Request letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
Future Land Use Map
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Agenda Item 3
18-6523 Peters
Page 5 of 20
161.12 - District RI -U, Residential Intermediate - Urban
(A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-
family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
r
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Two (2) family dwellings
Unit 9
Unit 10
Three (3) and four (4) 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 I Public protection and utility facilities
Unit 4 Cultural and recreational facilities l
Unit 5 Government facilities
Unit 12a T Limited business
Unit 24 Home occupations
Unit 26 Multi -family dwellings
Unit 36 1 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
III (all types)
Lot width minimum 18 feet
Lot area minimum None
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Agenda Item 3
18-6523 Peters
Page 6 of 20
(E) Setback Requirements
Side Side
Single &
Rear Rear, from
Front Other
Two (2)
Other centerline of
Uses
Family
Uses an alley
i
A build -to zone that is
located between the
front property, line and None 5 feet : 5 feet 12 feet
a line 25 feet from the
front property line.
_ � f
(F) Building Height Regulations.
Building height maximum 2 stories/3 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. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
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Agenda Item 3
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161.28 - Downtown General
(A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and
dynamic range of uses, from public open spaces to less intense residential development and businesses. For the
purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone.
(B) Uses.
City-wide uses by conditional use permit
Permitted Uses.
�(13
Unit 1
City-wide uses by right
4
i 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
.LL--L--J
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 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
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
— --. __ .— ..—....... _... ... _.........
F_
Unit 14
Hotel, motel and amusement services J
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 40 Sidewalk Cafes
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling (all unit types) 18 feet
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Agenda Item 3
18-6523 Peters
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(2) Lot Area Minimum. None.
(Ey Setback Regulations
j 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 I '
center line of 12 feet
an alley
(F) Minimum Buildable Street Frontage. 50% of lot width.
t G) Building Height Regulations.
Building Height Maximum 5 stories
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Agenda Item 3
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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 I
Unit Cultural and recreational facilities
4
Unit Government Facilities
5
Unit Agriculture
6
Unit Eating places
13
Unit Shopping goods
16
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 j
25 Offices, studios and related services
{
Unit Wholesale bulk petroleum storage facilities
27 with underground storage tanks
Unit Clean technologies
42
G:\ETC\Development Services Review\2018\Development Review\18-6523 RZN
504 W. Prairie St. (Peters) 523\03 Planning Commission\02-11-2019 Planning Commission
February 11, 2019
Agenda Item 3
16-6523 Peters
Page 10 of 20
(2) Conditional Uses.
Unit 271 City-wide uses by conditional use permit
Unit 19 Commercial recreation, small sites `I
Unit 20 Commercial recreation, large sites
__.___............
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communications facilities
Unit 38 Mini -storage units
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 125 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I, or P districts 10 feet
Rear 25 feet
! i
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 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. None.
GAETC\Development Services Review\2018\Development Review\18-6523 RZN
504 W. Prairie St. (Peters) 523\03 Planning Com miss ion\02-11-2019 Planning Commission
February 11, 2019
Agenda Item 3
16-6523 Peters
Page 11 of 20
Baumann & Crosno Construction
124 West Sunbridge Suite 8
Fayetteville, AR 72703
Rezoning Applications for Parcels:
765-12941-000
765-12940-000
765-12937-000
765-12936-000
To Whom it May Concern:
The purpose of this correspondence is to formally request rezoning the parcels noted above from 1-1 to
RIU and DG. The current zoning, 1-1 or light industrial to heavy commercial, is not congruent to the
adjacent parcels. The surrounding parcels are zoned Downtown Glenerzl or Residential Single or
Multifamily. None of the adjacent or surrounding parcels are use as heavy industrial or light
commercial, but are in fact .residential housing, offices, and small businesses. Rezoning the parcel to DG
and RIU would allow for the creation of similar residences and or businesses in keeping with the
surrounding zoning districts and neither DG nor RIU will adversely affect the surrounding areas. 1-1
could allow for the creation of a commercial or manufacturing Facility, which wouId be out of place given
the surrounding housing stock and local businesses. Furthermore, DG and RIU will mirror and
cgmpliment the surrounding zoning districts while. allowing for the develop 171ent of the area without
extending the City's infrastructure.
Respectfully,
J
Mike Baumann
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 12 of 20
RZN 18-6523
Public Comment
Regarding: the request for re -zoning RZN 18-6523 at 504 W. Prairie St.
In this request the applicant is asking for the rezoning from heavy
commercial/light industrial to multi -family residential (RI -U)(12?).
While I and other neighbors of the area appreciate the petition for a change of
the zoning on these parcels, we do have some concerns for the specific request.
Moving from commercial/industrial is certainly warranted. The location of these
parcels will impact the area in several and serious ways.
These land parcels sit on the southwest corner of the new Cultural Arts Corridor.
They sit on the Frisco Trail section of the Razorback Greenway.
They border the Tanglewood Branch.
And they are also in close proximity with the Fay Jones Woodland that is
scheduled to become a more publically accessible, urban nature preserve.
We feel that single family units there could be a nice addition to the beauty of the
trail and the creek. But we also worry that a zoning which permits multi -family
units would detract from the feeling of the corridor, the ambience of the trail, the
environment of the nearby park and health of the creek.
It should also be noted that the limits of these lots with the set -backs that protect
both the creek and the trail would hardly allow for multi -family buildings not to
mention adequate parking.
Therefore, for multiple reasons, we hereby ask the commission, while considering
this request, that the types of housing be limited to low, single family units. This
should be, at most, a zoning of RSF-4.
Respectfully,
Jan. 23, 2019
Ed Levi
301 S. West Ave, Fayetteville, 72701
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 13 of 20
From: ChuL Pearson
To: CUaJ Jonathan
Subject: Rezoning request Prairie St., Peters property
Date: Thursday, January 24, 2019 10:08:27 AM
Mr. Curth,
I wish to voice my opposition to the rezoning request for the Peters Prairie St.
property submitted by Baumann& Crosno Construction. My objections to this
action are as follows:
The existing I-1 zoning is entirely appropriate to the area, indeed the majority of
small businesses in the area fit well into this zoning. As elegantly stated by the city
ordinances,
"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 ravide a degree of compatibility between uses permitted in
this district and those in nearby residential districts. "
There does not appear to be any shortage of residential property available in the
area, but I-1 is extraordinarily scarce. It is my opinion that this valuable property
should be preserved for it's unique usage possibilities, rather than allowing the area
to become one large monotone residential cluster.
Rezoning of one of the parcels in particular will cause me great harm in that, if the
parcel 765-12941-0000 is rezoned to a residential designation, it will increase the
side setback to 50 feet on the adjoining I-1 property (Scanlon 765-12942-0000) I
am under contract to purchase. This increased setback, coupled with the required
streamside setbacks on this property, will render it unusable for any form of
development as it would essentially be consumed by streamside setbacks and this
increased side setback.
For your information, my proposed usage for this parcel is along the lines of
artists/crafts studio(s), a usage that would fit very nicely into the pastoral character
of the property and its proximity to the dynamic Downtown Arts and Entertainment
District.
Thank you for your consideration. Charles L. Pearson Jr.
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 14 of 20
1/27/19
To Whom This Concerns,
Re. RZN 18-6523
It's my understanding that the lot at 504 W. Prairie St. is being considered for rezoning. I also
believe that what's being proposed will permit multi -family dwellings of up to 12 units. If I
understand correctly, this will require parking space to accommodate one car for every
bedroom constructed. I am concerned about the potential environmental damage to
Tanglewood Branch that could result from the acre of ground being covered with impermeable
surfaces. This is a portion of the creek that flows from the Fay Jones Parkland, runs along the
Frisco Bike Trail and is included in the Cultural Arts Corridor.
I request that you please make sure that any development in this area include respect for the
natural environment, assuring that this urban treasure remain unspoiled.
Sincerely,
Jan Townsley
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 15 of 20
Hi Jonathan,
Per our conversation on the Prairie Street rezoning request, I would like the following public
comments to remain anonymous. I have underlined and bold the key points that I have.
As a nearby/neighboring property owner, Iap rtially support the rezoning request on Prairie
Street as I do believe that a residential and intermediate urban zoning is a better fit for the
surrounding neighborhood than industrial zoning. I am in favor of 2-3 story houses being built
along Prairie on those two .1 -acres parcels, but I do not believe this use is in the best interest of
our community for the northernmost parcels on this zoning request.
The city granted an access easement to the northernmost parcel TROUGH the Frisco Trail park
in order to accommodate an existing home and legacy property owner. With the Cultural Arts
Corridor immediately to the north, I feel it is in the community's best interest to abandon that
access easement, requiring this new property owner/developer to establish his own access
through his own parcels on Prairie... perhaps equally split on the lot line between the 2 Prairie
Street parcels or some other way. It is not in the community's best interest to continue to Give
away the park land with that access easement when the park land could otherwise be utilized to
buffer the trail from development, improve. the user experience in the park, or otherwise prornote
the good QI the public.
I have concerns that the northernmost parcels of this rezoning request have a greatly diminished
area for building due to the stream -side protections that we, thankfully (!), have in place. With
all of the efforts, public and private investment to promote ecology and user-friendly experience
along this creek corridor, I would prefer to see this northernmost parcel(s) dedicated to the
City for enhancing the Cultural Arts Corridor rather than a future residence shoe -horned
in on this flag -lot.
I am sure that a developer sees dollar signs and other ways to maximize profits in the land use. .
.but in this case, it would be at the expense of what is best for our community. Please explore_
abandon in that access easement to recover it for the public good. Please explore the benefit to
Our community of having, that northemmost tract of land, where the house currently sits, to be
incorporated into a hi-ghest and best use serving our community and the Cultural Arts Corridor. I
realize condemnation and eminent domain are not popular topics, but please consider what
may be in the best interest of this community.
Sincerely,
A concerned neighbor
Planning Commission
February 11, 2019
Agenda Item 3
18-6523 Peters
Page 16 of 20
RZN18-6523 PETERS
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Agenda Item 3
18-6523 Peters
Page 17 of 20
RZN 18-6523
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Planning Commission
11. 2019
Agenda Item 3
18-6523 Peters
Page 18 of 20
Agenda Item 3
18-6523 Peters
Page 19 of 20
Agenda Item 3
18-6523 Peters
Page 20 of 20
RZN 18-6523
RECEIVED
MAR 0 4 2019
CITY Or f AYi Tl E VILLE
CITY CLER" OFFICE
I appreciate the opportunity to voice my concerns to the council. My name is Ed
Levi and I live very close to the property in question. Because I walk and bike ride
along the Frisco Trail section of the Razorback Greenway on nearly a daily basis
I'm excited about the plans for the Woodland Park and the Tanglewood Branch.
Because I am not exactly sure what the council is considering in this issue I have
concerns and more questions than statements. Part of this request is for RI -U
zoning which, from what I can tell, does not specify the number units per acre but
only the type of units. That's 1 to 4 family units up to 3 stories high.
With the help of the Planning Division I've learned that the property is listed as
being .99 acres. I also learned that 0.27 acres on Prairie Street is requested to
become Downtown General. That'd mean that there's actually less than 3/4 acre
being requested for RI -U. When one deducts the streamside set back, it leaves a
bit over 0.6 acres left for construction assuming that there's no setback on the
front and the sides. (I.believe it's actually less than that given that the property
spans the creek.) So, again I'm wondering how many 1 to 4 family units can be
built on less than 0.6 acre. My concerns also involve the height of the units
permitted under a RI -U zoning. If three story units were to be built there, across
from the ones one the east side of the trail, I'm afraid it would feel like a trail
going through a "building canyon".
My concerns are about the possibly having more, large and tall building projects
adjacent to the Greenway and next to the designated Woodland Park. Both of
these are exciting jewels that enhance the city of Fayetteville. What happens on
these parcels will clearly impact them one way or another. I am also seriously
worried about the over -building of impermeable surfaces along Tanglewood
Branch. I don't think I need to expound on that critical concern.
For the beauty of the Greenway's Frisco Trail, the affects it could have on the
Woodland Park and the health of Tanglewood Branch, I ask that more specific
clarifications be made in conjunction to the usage of this unique piece of land.
I appreciate your consideration to and clarification of these matters.
Thank you.
}
REE1\J ED
APR 0 4 2019
ayCERK��IL E
l
oRTHwEST ARKANSAS
Democ-l-RAL, ANU C
[_ry :(:!7 'u'r jL'-v11 F, µle ?2702.479.442-1-00 • FAX 479.695-1118 4"d 1J';"!Ni` �1Cu.CG:4i
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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
Public Ord. 6160
Was inserted in the Regular Edition on:
March 28, 2019
Publication Charges: $ 67.60
Cathy Stagg
Subscribed and sworn to before me
This Zq day of �(,f , 2019.
& zu,
Notary Public
My Commission Expires:
CARIV OL'cS
Arkansas - B0,11ton Colmn(
I,.otary ?uillic . Comair,` INT" 1 i
Nly Commission Ex,)irc2 i -M) 20, 202"
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6160
File Number: 2019-0126
RZN 18-6523 (504 W, PRAIRIE ST./PETERS):
AN ORDINANCE TO REZONE- THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 18-6523 FOR
APPROXIMATELY .99 ACRES LOCATED
AT 504 WEST PRAIRIE STREET FROM 1-I,
HEAVY COMMERCIAL & LIGHT
INDUSTRIAL TO DG, DOWNTOWN
GENERAL
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: 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 1-1, Heavy Commercial &
Light Industrial to DG, Downtown General.
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 3/19/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
74887452 Mar. 28, 2019