The URL can be used to link to this page

Home My WebLink AboutORDINANCE 6191. , , 2 � N'S 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6191 File Number: 2019-0317 IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII III III) Doc ID: 018653580003 Type: REL Kind: ORDINANCE Recorded: 06/24/2019 at 02:57:10 PM Fee Amt: $25.00 Page i of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2019_00018244 RZN 19-6640 (WEST OF 3231 W. MLK BLVD./COBB BROTHERS & WESTPHAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19- 6640 FOR APPROXIMATELY 5.24 ACRES LOCATED WEST OF 3231 WEST MARTIN LUTHER KING, JR. BOULEVARD FROM R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -O, Residential Office and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 6/4/2019 RZN 19-6640 Close Up View COBB BROTHERS & WESTPHAL C -I Legend Hillside -Hilltop Overlay District — Planning Area L —Fayetteville City Limits ... Trail (Proposed) Building Footprint 10 RI -12 R -A 19-6640 EXHIBIT 'A' CP7.D RSF-4 A& NORTH Zoning Acres UT 5.2 Feet 0 75 150 300 450 600 1 inch = 200 feet Total 5.2 19-6640 EXHIBIT 'B' Rezoning Description Part of Lot 3, Concurrent Plat for Cobb & Westphal, to the City of Fayetteville, Washington County, Arkansas (filed for record 08/14/2003 file 023A-00000058 plat page 5571596), being part of the SW/4, NW14, and part of the NW/4, SW/4, of Section 19, T -16-N, R -30-W, being more particularly described as follows: Beginning at the Northernmost corner of said Lot 3, being the common corner of said Lot 3 and Lot 1, on the southeasterly right-of-way line of Martin Luther King Jr. Blvd. (U.S. Hwy 62); thence S01 002'35"W 292.67', along the east line of said Lot 3; thence S60'51'40"W 575.45' to the westerly line of said Lot 3; thence N30°00'00"W 324.87', along the said westerly line of Lot 3; thence N15'15'35" W 102.98', along said westerly line of Lot 3, to said southeasterly right-of-way line of Martin Luther King Jr. Blvd.; thence N74°35'55"E 723.47', along said southeasterly right- of-way line of Martin Luther King Jr. Blvd„ to the Point of Beginning, containing 228,025 square feet or 5.24 acres more or less. Washington County, AR I certify this instrument was filed on 06/24/2019 02:57:10 PM and recorded in Real Estate File Number 2019-00018244 Kyle Sylvester - CircuiYlerk by FAr>,rT\ City of Fayetteville, Arkansas 113 West Mountain Street ti - atr Fayetteville,AR 72701 %ter' o- � (479)575-8323 Text File File Number: 2019-0317 Agenda Date:6/4/2019 Version: 1 Status: Passed In Control:City Council Meeting File Type:Ordinance Agenda Number:C. 5 RZN 19-6640(WEST OF 3231 W.MLK BLVD./COBB BROTHERS&WESTPHAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6640 FOR APPROXIMATELY 5.24 ACRES LOCATED WEST OF 3231 WEST MARTIN LUTHER KING, JR. BOULEVARD FROM R-O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-O, Residential Office and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville,Arkansas Page 1 Printed on 6/5/2019 City of Fayetteville Staff Review Form 2019-0317 Legistar File ID 6/4/2019 City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Garner Stoll 5/17/2019 CITY PLANNING (630) Submitted By Submitted Date Division/Department Action Recommendation: RZN 19-6640: Rezone(WEST OF 3231 W. MLK BLVD./COBB BROTHERS &WESTPHAL, 557):Submitted by NEWMARK MOSES TUCKER PARTNERS for property located WEST OF 3231 W. MLK BLVD.The property is zoned R-0, RESIDENTIAL OFFICE and C-2,THOROUGHFARE COMMERCIAL and contains approximately 5.24 acres.The request is to rezone the property to UT, URBAN THOROUGHFARE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $Funds Obligated $Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - V20180321 Purchase Order Number: Previous Ordinance or Resolution# Change Order Number: Approval Date: Original Contract Number: Comments: • CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 4, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director DATE: May 17, 2019 SUBJECT: RZN 19-6640: Rezone (WEST OF 3231 W. MLK BLVD./COBB BROTHERS & WESTPHAL, 557): Submitted by NEWMARK MOSES TUCKER PARTNERS for property located WEST OF 3231 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and C-2,THOROUGHFARE COMMERCIAL and contains approximately 5.24 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: The Planning Commission and staff recommend approval of an ordinance to rezone the subject property to UT, Urban Thoroughfare, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The proposed rezoning request is for approximately 5.24 acres west Lowes, on Martin Luther King Boulevard. The property is an undeveloped parcel zoned R-O, Residential-Office and C-2, Commercial Thoroughfare. The western portion of the site contains some floodplain associated with North Fork Farmington. The Master Street Plan classifies Martin Luther King Boulevard as a Principal Arterial. Request:The request is to rezone the property from R-O, Residential-Office and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare. The rezoning request is to create a more uniform zoning classification that is compatible with the future land use of the subject land and surrounding properties. Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns in this area, which contain a mixture of offices and commercial districts along a busy state highway. The subject 5.24-acre tract is adjacent to heavy commercial uses to the east and west, highway corridor to the north, and undeveloped land zoned RMF-24 to the south. Land Use Plan Analysis: Neither the existing nor the proposed zoning are consistent with the City Plan 2030 Future Land Use Map designation of this property as a Rural/Natural Area. However, the proposed UT district is more consistent with the six primary goals of City Plan 2030 because it is a form-based as opposed to euclidean zoning. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The goals of City Plan 2030 include making traditional town form the standard. The UT, Urban Thoroughfare zoning district allows provision of goods and services for persons living in the surrounding communities. Automobile-oriented development is prevalent within this district and a wide range of commercial and residential uses are permitted. The FLUM designation of Rural/Natural Area is not feasible in the long-term given this site's location along a busy commercial corridor. The property is currently zoned for commercial use and the requested change would not result in more environmental impacts than the existing districts. DISCUSSION: On May 13, 2019, the Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 9-0-0. No public comment was made. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN19-6640 COBB BROTHERS & WESTPHAL 19-6640 Close Up View EXHIBIT 'A' ii.._.-:t /400 RI-12 RS - j • y 1 �44pg4vovoo, 1 1 1 2N - tO 13 ii R-o i .. Proposed UT i I, ( 2 / � C-1 CPZD Q 5. Q: Q J U. W RMF-24 J Subject Property R-A ' _ ----- RSF-4 ___ _____ __ ____ _____ ___ NORTH Zoning Acres Legend UT 5.2 J//i Hillside-Hilltop Overlay District N. . Planning Area Feet L — !Fayetteville City Limits 0 75 0 300 0 600 •- Trail(Proposed) - Building Footprint 1 inch = 200 feet Total 5.2 19-6640. EXHIBIT 'B' Rezoning Description Part of Lot 3, Concurrent Plat for Cobb&Westphal,to the City of Fayetteville,Washington County,Arkansas(filed for record 08/1412003 file 023A-00000058 plat page 557/596), being part of the SW/4, NW/4, and part of the NW/4, SW/4, of Section 19, T-16-N, R-30-W, being more particularly described as follows: Beginning at the Northernmost corner of said Lot 3, being the common corner of said Lot 3 and Lot 1, on the southeasterly right-of-way line of Martin Luther King Jr. Blvd. (U.S. Hwy 62); thence S01°02'35"W 292.67', along the east line of said Lot 3; thence S60°51'40'W 575.45' to the westerly line of said Lot 3;thence N30°00'00"W 324.87', along the said westerly line of Lot 3; thence N15°15'35"W 102.98',along said westerly line of Lot 3,to said southeasterly right-of-way line of Martin Luther King Jr. Blvd.; thence N74°35'55"E 723.47', along said southeasterly right- of-way line of Martin Luther King Jr. Blvd., to the Point of Beginning, containing 228,025 square feet or 5.24 acres more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO Wily ARKANSAS TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Abdul R. Ghous, Planner MEETING DATE: May 13, 2019 (Updated with Planning Commisson results) SUBJECT: RZN 19-6640: Rezone(West of 3231 W. MLK BLVD./COBB BROTHERS & WESTPHAL, 557): Submitted by NEWMARK MOSES TUCKER PARTNERS for property at WEST OF 3231 W. MLK BLVD. The property is zoned R-O, RESIDENTIAL OFFICE and C-2, THOROUGHFARE COMMERCIAL and contains approximately 5.24 acres. The request is to rezone a portion of the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends forwarding RZN 19-6640 to the City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN 19-6640 to City Council with a recommendation for approval." BACKGROUND: The proposed rezoning request is for approximately 5.24 acres west Lowes, on Martin Luther King Boulevard. The property is an undeveloped parcel zoned R-O, Residential-Office and C-2, Commercial Thoroughfare. The western portion of the site contains some floodplain associated with North Fork Farmington. The Master Street Plan classifies Martin Luther King Boulevard as a Principal Arterial. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial R-O, Residential Office/C-2, Commercial Thoroughfare South Undeveloped RMF-24, Residential Multi-family East Commercial CPZD, Commercial Planned Zoning District West Single Family Residence R-A, Residential Agricultural Request: The request is to rezone the parcel (approximately 5.24 acres) from R-O, Residential- Office and C-2, Commercial Thoroughfare to UT, Urban Thoroughfare. The rezoning request is to create a more uniform zoning classification that is compatible with the future land use of the subject land and surrounding properties. Mailing Address: Planning Commission 113 W.Mountain Street www.fayetteville-altiO3,2019 Fayetteville,AR 72701 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 1 of 18 Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The parcel has access to West Martin Luther King Boulevard and South Finger Road. West Martin Luther King Boulevard is a fully improved Principal Arterial with asphalt paving that has curb, gutter, and sidewalk along both sides of the street, with future shared-use paved trail planned for the parcel's frontage. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the site. An existing 12-watermain is present along West Martin Luther King Boulevard. Sewer: Sanitary Sewer is not available to the parcel. A sanitary sewer main would need to be extended to serve this parcel at the time of development. Drainage: Any additional improvements or requirements for drainage would be determined at time of development. Some portion of this parcel lies within the FEMA designated 100-yr floodplain. None of the property lies within the Hillside Hilltop Overlay District. Fire: The Fayetteville Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed Rural Area and Natural Area. These areas are expected to be low-density residential development and are encouraged to preserve the woodlands, grasslands and agricultural lands. It also encourages low impact development for all construction. 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: The proposed zoning is compatible with surrounding land use patterns in this area,which contain a mixture of offices and commercial districts along a busy state highway. The subject 5.24-acre tract is adjacent to heavy commercial uses to the east and west, highway corridor to the north, and undeveloped land zoned RMF-24 to the south. Land Use Plan Analysis: Neither the existing nor the proposed zoning are not consistent with the Future Land Use Map (FLUM) designation of this property as a Rural/Natural Area. However, the proposed UT district is more consistent with the six primary goals of City Plan 2030 because it is a form- based as opposed to euclidean zoning. The goals of City Plan 2030 include making traditional town form the standard. The UT, Urban Thoroughfare zoning district provides goods and Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6640 RZN W.of 3231 W.MLK Blvd.(Cobb Bros.& May 13,2019 Westphal)557\03 Planning Commission\05-13-2019\Comments and Redlines Agenda Item 10 19-6640 Cobb Bros&Westphal Page 2of18 services for persons living in the surrounding communities. Automobile- oriented development is prevalent within this district and a wide range of commercial uses are permitted. Rural/Natural is not a feasible designation of this site given its location along a busy commercial corridor. The requested zoning is compatible with the surrounding area but opposes the Future Land Use Plan. The property is currently zoned for commercial use and the requested change would not result in significantly and more environmental impacts than the existing districts. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed UT, Urban Thoroughfare district is intended to provide adaptable mixed use centers located along commercial corridors. The rezoning is justified to allow future development that is more consistent with the City's goals than the current zoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The UT zoning allows a wide range of commercial activity and up to four multi-family dwellings. The proposed rezone would create the potential for increased traffic in the area over the existing R-O and C-2 zoning. The property is located on the Martin Luther King Blvd, a Principal Arterial Street. The capacity of Martin Luther King Blvd will allow future development of this parcel without creating or significantly increasing traffic danger and congestion. 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 from C-2 and R-0 to UT could significantly alter population density in the area. UT zoning allows a wide range of commercial activity and multi-family residential dwellings with no density cap. The rezone request is not likely to undesirably increase load on public services given its proximity to utilities and streets. 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 Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6640 RZN W.of 3231 W.MLK Blvd.(Cobb Bros.& May 13,2019 Westphal)557\03 Planning Commission\05-13-2019\Comments and Redlines Agenda Item 10 19-6640 Cobb Bros&Westphal Page 3 of 18 • RECOMMENDATION: Staff recommends forwarding RZN 19-6640 to the City Council with a recommendation of approval, based on the findings discussed throughout this report. • BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code sections 161.20, 161.23 and 161.24 • Request letter • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map PLANNING COMMISSION ACTION: Required YES Date: May 13, 2019 O Tabled ® Forwarded O Denied Motion: Belden Second: Johnson Vote: 9-0-0 Note: recommend approval CITY COUNCIL ACTION: Required YES Date: O Approved O Denied Planning Commission G:\ETC\Development Services Review\2019\Development Services\19-6640 RZN W.of 3231 W.MLK Blvd.(Cobb Bros.& May 13,2019 Westphal)557\03 Planning Commission\05-13-2019\Comments and Redlines Agenda Item 10 19-6640 Cobb Bros&Westphal Page 4 of 18 • 161.20-District R-O, Residential Office (A) Purpose. The Residential-Office District is designed primarily to provide area for offices without limitation to the nature or size of the office,together with community facilities, restaurants and compatible residential uses. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business r .. a . _y. Unit 25 . Offices,studios, and related services 1 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 Cultural and recreational facilities Unit 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 ' Wireless communications facilities* • Unit 42 Clean technologies Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 5 of 18 Unit 45 Small scale production (C) Density. Units per acre 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two(2)family 60 feet Three(3)or more 90 feet (2) Lot Area Minimum . Manufactured home park 3 acres Lot within a manufactured home 4,200 square park feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two(2)family 6,500 square feet Three(3)or more 8,000 square feet Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 6 of 18 Fraternity or Sorority 1 acre . (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses& apartments: No bedroom 1,000 square feet . ......... One bedroom 1,000 square feet Two(2)or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right- 50 of-way and the building feet Front, in the Hillside Overlay District 15 feet 10 y Side feet Side,when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet 25 IRear,without easement or alley feet 10 Rear, from center line of public alley feet Rear, in the Hillside Overlay District 15 Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 7 of 18 F - - - - - - - ,, feet (F) Building Height Regulations. Building Height Maximum 5 stories a 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. On any lot,the area occupied by all buildings shall not exceed 60%of the total area of such lot. (Code No. 1965,App.A.,Art. 5(x);Ord. No. 2414, 2-7-78; Ord. No. 2603,2-19-80; Ord. No. 2621,4-1-80; Ord. No. 1747,6-29-70; Code 1991, §160.041; Ord. No.4100, §2(Ex.A), 6-16-98;Ord. No.4178, 8-31-99; Ord. No.4726,7- 19-05; Ord. No.4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08;Ord. No.5224, 3-3-09; Ord. No. 5312,4-20-10; Ord. No. 5462, 12-6-11;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;Ord. No.6015, §1(Exh.A), 11-21-17) 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 City-wide uses by right Unit 4 Cultural and recreational facilities 4 Unit 5 Government Facilities Unit . .b .,., �" v... 13 Eating places • Unit. ,„ 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services i Unit Gasoline service stations and drive-in/drive 18 through restaurants i Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 8 of 18 • Unit I 19 Commercial recreation,small sites Unit 20 Commercial recreation, large sites Unit Offices,studios, and related services 25 Unit Adult live entertainment club or bar 33 Unit 34 Liquor store Unit 44 Cluster Housing Development Unit Small scale production 45 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 ` Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 ' Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini-storage units Unit 40 Sidewalk Cafes Unit 42 - Clean technologies Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 9 of 18 Unit 43 Animal boarding and training ' (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the 50 right-of-way and the building feet Side ; None Side,when contiguous to a 15 residential district feet Rear 20 feet (F) Building Height Regulations. Building Height Maximum 1 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. (Code 1965,App.A.,Art. 5(VI); Ord. No. 1833, 11-1-71;Ord. No. 2351,6-2-77; Ord. No.2603,2-19-80; Ord. No. 1747,6-29-70;Code 1991, §160.036; Ord. No.4034, §3,4,4-15-97; Ord. No.4100, §2(Ex.A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No.4727, 7-19-05;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. 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, 1-17-17;Ord. No.6015, §1(Exh.A), 11-21-17) 161.24-Urban Thoroughfare (A) Purpose . The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile-oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 10 of 18 (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(2)family dwellings Unit Three(3)and four(4)family dwellings 10 Unit 13 Eating places Unit Hotel, motel and amusement services 14 Unit 16 Shopping goods Unit ' Transportation trades and services 17 Unit Gasoline service stations and drive-in/drive 1 18 through restaurants _ Unit '' Commercial recreation,small sites 19 Unit Home occupations 24 Unit 25 Offices, studios, and related services Unit 26 Multi-family dwellings Unit 34 Liquor store , i _ , Unit Accessory Dwellings mm_mm Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 11 of 18 41 Unit Cluster Housing Development 44 Unit Small scale production 45 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 I City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 38 Mini-storage units Unit 40 ; Sidewalk cafes Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. _ _ Single-family dwelling 18 feet Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 12 of 18 All other dwellings None Non-residential None (2) Lot area minimum. None (E) Setback regulations. A build-to zone that is located between 10 feet Front: and a line 25 feet from the front property line. Side and rear: None Side or rear,when contiguous to a single- 15 feet family residential district: (F) Building Height Regulations. Building Height Maximum 5 stories/7 stories* *A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five(5)stories.A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven(7) 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 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) Minimum buildable street frontage. 50%of the lot width. (Ord. No. 5312,4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10;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, 8, 1-17-17; Ord. No.6015 , §1(Exh.A), 11-21-17) Planning Commission May 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 13 of 18 April 1,2019 City of Fayetteville Planning and Zoning Department 113 West Mountain Street Fayetteville,AR 72701 • RE: Rezoning Application for approximately 5.24 acres of land(Parcel#765-22968-000)on W Martin Luther King Boulevard (Highway 62)in Fayetteville,AR 72704 To whom it may concern, This letter serves as a written request to rezone approximately 5.24 acres of vacant land fronting on • Martin Luther King Boulevard in Fayetteville,AR. The subject land is located immediately to the west of the Lowe's Home Improvement store on the south side of MLK Boulevard, and is currently zoned Residential Office (R-O) and Commercial (C-2). The subject 5.24-acre tract is buffered on each side by commercially zoned property,and is buffered to the south buy Multi-Family(MF-24)and Residential(RSF- 4) zoned land. We are requesting that the 5.24-acre portion of the land fronting on MLK Boulevard be rezoned to Urban Thoroughfare (UT) in order to create a more uniform zoning classification that is compatible with the future use of the subject land and surrounding properties. As stated in the City of Fayetteville's Unified Development Code, the Urban Thoroughfare zoning classification is designed to provide goods and services for persons living in the surrounding communities and encourages a concentration of commercial and mixed use development that enhance the function and appearance of major thoroughfares(e.g.automobile-oriented development). A rezoning from R-O/C- 2 to Urban Thoroughfare (UT) appears to be the appropriate zoning for the future use of this land, and should not adversely affect or conflict with surrounding property(ies) in any way,other than positively. We appreciate your assistance and are happy to provide additional feedback as needed. Sincerely, Eric Nelson Newmark Moses Tucker Partners Planning Commission May 13.2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 14 of 18 RZN19-6640 COBB BROTHERS & One Mile View NORTH ' I t 1 t 1 I t I E 0 0.125 0.25 0.5 Miles \•, %,'..,.; t r \ Iss ,, RSF-I 11 1 \ i f NC PA, �, 1 ‘,9 # ' 0 RSH-•I y� 1 r �/ f-/ RSF-2 • /• ' RM\pG/O/( } \ 01-D--'..'�� f RPZD 4 11 2.o!•.: ".\ ' c'‘ , __________-:.:____.--------------- i o R NI F-24 ft i.:ffp 01.55 �S R-� //t • , . Subject Property CS IP-1 -s \ I RSF-3 R-A 1 1 .. - .-.-.-- -.- - -- - --- - 1 4. d r, -- ---- - - - it- Z.n.11 EXTRACTION Legend RESIDENTIAL SINGLE-FAMILY ®E-I C:R.sew..wsprc..w.l COMMERCIAL RSF.! R.uem..M)in 1.15,1 C-1 - -— Q C-1 I - - 1 Planning Area RV, ®CJ „—_ •-. 115,1 FORM BASED DISTRICTS - RSF.. ®Guru..”C.— — ; Fayetteville City Limits RDF-r1 Mil un.nTl.aupMM. ' RESIDENTIAL MULTI-FAMILY pMrn Ar..rC-ur ORT-f}R.ad.nri Two.M Tl.-Away Op.r,nq—G.n.r.l Trail (Proposed) Ill IRMFa Gc•mn+.sr:.nc.e •---- : ]RMF.,} .0...1 Sony. Design Overlay District of IMI WO... "'� I._.., PLANNED ZONING DISTRICTS Planning Area - --r- ORSTRIO. ICI TI.Me,u,.I.R.se.M.I INDUSTRIAL INSTITUTIONAL Building Footprint n ..,IN mwnl wd LpM MnF. Fayetteville City Limits o..:w-.I.e-n.I Planning Conmission May-13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 15 of 18 RZN19-6640 COBB BROTHERS & WESTPHAL Close Up View -X ..; f R1-12 RSF-2 17=IL.74, ,...4.,.G C El 4O G OCi ' \ 1 \ 1 O7� s f r 1 ,.r" R-4 1 ..°-.,,,, , _ .1 -------:1 . ... .....°w ' " Proposed UT C-2 C-1 CPZn Q ft <t -J U. RMF-24 .W.I Subject Property -- R A I \______________ RSF-4 ;4,i:• NORTH Zoning Acres Legend UT 5.2 i// Hillside-Hilltop Overlay District L _ 2• Planning Area Feet ,._•� + sr.E iii'ft uats,-k,? , trms r104, wn:. L...., !Fayetteville City Limits 0 75 150 300 450 600 • - - Trail(Proposed) BuildingFootprint inch = 200 feet Total 5.2 r' Planning Co emission Mayr13,2019 Agenda Item 10 '19-6640 Cobb Bros&Westphal Page 16 of 18 RZN19-6640 COBB BROTHERS & WESTPHAL Current Land Use NORTH I. o �pQ`` r, O\'p t 15 h Commercial r ,-(rN • "v`stij acagf - v. C'ommerclak` .,••• ; f: µ MAR -_ _ _ • L._._ Sb ec :7 rope .. t,;.. Commercial i' f 1 . ,. Commercial, �, J " a - a -4- .1. a a ,n r .../. Iy,)" ' if, ed ndevelop .,, • .• (\-----------''''s---... Streets Planned FEMA Flood Hazard Data MSP Class NE NO COLLECTOR Streets Existing II 100-Year Floodplain MSP Class Feet II Floodway ,mia COLLECTOR — MEMO PRINCIPAL ARTERIAL 0 112.5 225 450 675 900 1111 Trail(Proposed) ;_ Planning Area 1 inch = 300 feet 1— -- 1 Fayetteville City Limits Planning Co mission -• 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 17 of 18 RZN19-6640 COBB BROTHERS AND WESTPHAL ;, Future Land Use NOpTH IV If1l l fl 11 \, . --" s " - eV R :'\vC' s-co • S EPP1NGN \ -1-----------11-1_1.1_1_1 ././e.)72 tett • . y I * - ; _. t. : a W W i , , Subject Property el , z I \ FUTURE LAND USE 2030 • Legend n N• atural Area r1 Rural Area Planning Area Feet ^ Residential Neighborhood Area L__ i Fayetteville City Limits s;44,..4.;m` s a'3sY7t�♦-Ys7v+rttL<+llrs 4P ! I C• ity Neighborhood Area 0 145 290 580 870 1,160 r Urban Center Area • Trail(Proposed) .- C• ivic and Private Open Space/Parks Building Footprint 1 inch = 400 feet n Civic Institutional Planning Commission 1 Mai 13,2019 Agenda Item 10 19-6640 Cobb Bros&Westphal Page 18 of 18 RECEIVED UUN 2 6 201 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE NORTHWEST ARKANSAS Democrat Nzette T 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 Ord. 6191 Was inserted in the Regular Edition on: June 13, 2019 Publication Charges: $ 71.50 Cathy VSgs Subscribed and sworn to before me This IS day of, 2019. 6w, az, Notary Public My Commission Expires: Z�V—"q CATHY L WILES Arkansas - Benton County Notary Public - Comm# 12397118 W Commission Expires Feb 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6191 File Number: 2019-0317 RZN 19-6640 (WEST OF 3231 W. MLK BLVD./COBB BROTHERS & WESTPHAL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-6640 FOR APPROXIMATELY 5.24 ACRES LOCATED WEST OF 3231 WEST MARTIN LUTHER KING, JR. BOULEVARD FROM R -O, RESIDENTIAL OFFICE AND C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R -O, Residential Office and C-2, Thoroughfare Commercial to UT, Urban Thoroughfare. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 6/4/2019 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74977634 June 13, 2019