HomeMy WebLinkAboutORDINANCE 6224--
ARCHIVE:
i
`
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
� .
Doo ID:018810700003 T III
Kind: ORDINANCE yPe: REL
Recorded: 09/20/2019 at 03:39:21 PM
Fee Amt: $25.00 Page 1
113 West Mountain Street
of 3
Washington County, AR
Kyle Sylvester Circuit
Fayetteville, AR 72701
(479) 575-8323
Clerk
File 2019-00028631
Ordinance: 6224
File Number: 2019-0497
RZN 19-6750 (2143 N. RUPPLE RD./WT TRANSFER HOLDING CO.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6750 FOR APPROXIMATELY 4.57 ACRES LOCATED 2143 NORTH RUPPLE ROAD FROM R -O,
RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R -O, Residential Office to CS, Community
Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/3/2019
Page 1
Attest:
Sondra E. Smith, City Clerk
rp
,\3 Y Q'c^ •;�G"
FAYETTEVILL
on y,g
TON
��iutut��
RZN19-6750 WT TRANSFER HOLDING CO. 19-6750
Gose up view EXHIBIT W
P-1
o:
0
0 RSF-4
W
J
Y
W
IM
RSI. -I
R -A
BRIDGE
Legend
Shared Use Paved Trail
Trail (Proposed)
Planning Area
Fayetteville City Limits
Building Footprint
R-0 Proposed CS
Subject Property
CS
Feet
0 100 200 400 600 800
1 inch = 300 feet
1
1
WI
JI
a1
dl
�1
�1
1
1
1
1
1
1
1
1
1
1
I
1
I
I
/
I
I
I
R NORTH
Zoning Acres
CS 4.6
Total 4.6
19-6750
EXHIBIT 'B'
A part of the NE 114 of the SE 114 of Section 1, Town 16 Nom, Range 31 West, and beOV Mae ParbMAeriy
described as follows. to -wit: Begmnsng at the NarOvwast cornw of the PUWMVft Creek Via. wtkh Is 6.61
chains South and 9.93 chairs West of the ?northeast comer of said 440 acre tract, and running thence South 76
aegrees 20 minutes West 2.30 chains to fence on North side of Hamstring Creek: thence with the fence South
71 degrees 21 minutes West 4.66 chains to a toss fence being on the West by* of said 4D acre tract: theme
North along the West Sine of said 40 acre trate 5.68 chains to a point 3 25 chains South of the Northwest corner
of said 40 acre tract: thence continuing North along the West line of said 40 acre tract 1.36 chains to the
centerline of the Mt. Comfort Road, said point ging 1.89 chains Seth of the Norgw est corner of s4d 40 acre
Yact; thence in an Easterly direction with the cente0ire of said road to a point which is 9.485 wins East and
2.45 chains South of the Northwest comer of said 40 acre tract .thence in a Southedy direction v>-Ih the West line
of the County Road to the point of beginning, containing 4.86 acres, more or less.
Washington County, AR
I certify this instrument was filed on
09/20/2019 03:39:21 PM
and recorded in Real Estate
File Number 2019-0 8631
Kyle Sylvester - Cir uit
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
a
File Number: 2019-0497
Agenda Date: 9/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 7
RZN 19-6750 (2143 N. RUPPLE RD./WT TRANSFER HOLDING CO.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6750 FOR APPROXIMATELY 4.57 ACRES LOCATED 2143 NORTH RUPPLE ROAD FROM
R -O, RESIDENTIAL OFFICE TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R -O, Residential Office to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 914/2019
City of Fayetteville Staff Review Form
2019-0497
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 8/16/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 19-6750: Rezone (2143 N. RUPPLE RD./WT TRANSFER HOLDING CO., 361): Submitted by JAKE BORN for
property located at 2143 N. RUPPLE RD. The property is zoned R -O, RESIDENTIAL OFFICE and contains
approximately 4.57 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance-��
Does item have a cost? No Iteral 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 SEPTEMBER 3, 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: August 16, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 19-6750: Rezone (2143 N. RUPPLE RD.IWT TRANSFER HOLDING CO.,
361): Submitted by JAKE BORN for property located at 2143 N. RUPPLE RD. The
property is zoned R -O, RESIDENTIAL OFFICE and contains approximately 4.57
acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to CS, Community Services, as shown in the attached Exhibits 'A' and `B'.
BACKGROUND:
The subject property is located on the south side of Mount Comfort Road, just west of the newly -
opened extension of Rupple Road. Hamestring Creek and its associated floodplain lie along the
property's southern boundary, and the site itself is developed with two warehouse buildings,
totaling approximately 10,000 square feet each. In 2011, the City Council approved a rezoning
request for the property, amending the zoning map from RSF-1, Residential Single-family, 1 Unit
per Acre, to R -O, Residential Office. A conditional use permit was subsequently approved by the
Planning Commission to allow a change in an existing nonconforming use to another
nonconforming use in the form of a fencing company.
Request: The request is to rezone the subject property from R -O, Residential Office, to CS,
Community Services. The applicant has indicated a desire to adapt and reuse the existing
buildings for retail, restaurants, or other commercial use.
Land Use Compatibility: Asserting compatibility is challenging given the wide variety of land uses
in the area, including large parcels of undeveloped property, a cemetery, and the southern extents
of a single-family residential subdivision. Additionally, this property is towards the northwestern
extents of Fayetteville, in close proximity to unincorporated Washington County.
That said, staff ultimately finds the proposed zoning to be compatible given the minimal impacts
anticipated on nearby, low-density uses, and the potential of undeveloped properties to the south
and west to be developed with appropriate transition to the requested CS zoning along this busy
transportation corridor. The proposed CS zoning would allow a significant shift in development
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
patterns in this area of west Fayetteville, permitting high-density residential and non-residential
development in a traditional town form pattern. Although this pattern is different, it can be
compatible with and would allow uses, goods, and services that support surrounding
neighborhoods.
Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map
(FLUM) of City Plan 2030. As outlined above, properties designated as City Neighborhood Area
are to support a wide variety of uses, densities, and intensities, as are permitted under the CS
zoning district. Additionally, the goals of City Plan 2030 include making traditional town form the
standard. The CS zoning district encourages patterns of development that result in realizing this
goal, including a requirement that buildings be located close to the street with parking to the side
or rear and creating an environment more appealing to pedestrians than the development patterns
allowed by a suburban commercial zoning district such as C-1 and C-2. A mixture of residential
and commercial uses is typical in a traditional urban form, with buildings addressing the street.
DISCUSSION:
On August 12, 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
RZN19-6750 WT TRANSFER HOLDING CO. 19.6750
Gose up view EXHIBIT 'A'
0
(� IVS -a
w
J
Y
of
W
m
12ti1 -I ,
R-1
Legend
Shared Use Paved Trail
Trail (Proposed)
Planning Area
t _ _ _� Fayetteville City Limits
Building Footprint
Subject Property
(S
Feet
0 100 200 400 600
1 inch = 300 feet
Fide
Zoning Acres
CS 4.6
Tota 1 4.6
19-6750
EXHIBIT 'By
A part of the NE I A of the SE 114 of Section 1, Tawnship 16 North, Range 3-11 West, and being more partiwiarly
described as follows, to -wit: Beginning at the Northwest comer of the Ham. string Creek 8ridW. which is 6.61
,"hains South and 9.,93 chains West of the Northeast corner of said 40 acre tract, and running- thence- South 76
degrees 20 minutes West 2.30 chains, to fence on North side cf Hamstnng Creek: thence vAth 'he fence ScR11.1h
71 degrees 21 minutes West 4-66 chains to a c.-oss fence being on the West line of sad 40 acre bacct; thence
North along the West, I:ne of said 40 acre tract, 6,68 chains to a point 3 25 chains South of the Northwest corner
of said 40 acre tract: thence continuing North along the West line of said 40 acre tract 1.36 chains to the
centedirle of the Mt. Comfon Road, said point being 1.89 chains South of the NorUhvvest mw of said 40 acre
tract- thence in an Easterly directlon 1Vlth the centerline el said road to a point wNtch is 9.485 Chains East and
2.45 chain-. South of the Northwest comer of said 40 acre tract, thence in a Soziltheriv director with ;he West line
of the County Road to the, point of beginning. containing 4-8 acres, more or less,
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: August 12, 2019 (Updated with Planning Commission Results)
SUBJECT: RZN 19-6750: Rezone (2143 N. RUPPLE RD./WT TRANSFER HOLDING
CO., 361): Submitted by JAKE BORN for property located at 2143 N.
RUPPLE RD. The property is zoned R -O, RESIDENTIAL OFFICE and
contains approximately 4.57 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6750 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
1 move to forward RZN 19-6750 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on the south side of Mount Comfort Road, just west of the newly -
opened extension of Rupple Road. Hamestring Creek and its associated floodplain lie along the
property's southern boundary, and the site itself is developed with two warehouse buildings,
totaling approximately 10,000 square feet each. In 2011, the City Council approved a rezoning
request for the property, amending the zoning map from RSF-1, Residential Single-family, 1 Unit
per Acre, to R -O, Residential Office. A conditional use permit was subsequently approved by the
Planning Commission to allow a change in an existing nonconforming use to another
nonconforming use in the form of a fencing company. Surrounding land use and zoning is depicted
in Table 1.
Table 1
Surrounding Land Use and Zonina
Direction
Land Use
Zoning
North
Single-family Residential;
Mount Comfort Cemetery
RSF-4, Residential Single-family, 4 Units per Acre;
RSF-1, Residential Single-family, 1 Units per Acre
South
Undeveloped
R -A, Residential Agricultural
East
Undeveloped
RSF-1, Residential Single-family, 1 Units per Acre,
CS, Community Services
West
Agricultural
R -A, Residential Agricultural
Request: The request is to rezone the subject property from R -O, Residential Office, to CS,
Community Services. The applicant has not stated any development intent for the property.
Public Comment: Staff has received a public inquiry from a City Council member on behalf of a
Planning Commission
August 12, 2019
Agenda Item 12
19-6750 VVT Transfer
Page 1 of 15
constituent, but no statements of support or opposition.
INFRASTRUCTURE:
Streets: The property currently has frontage along west Mount Comfort Road and North
Rupple Road. With the completion of the Rupple Road realignment to the east,
the portion of 'old' Rupple adjacent to this site will be proposed for vacation,
becoming a private driveway serving the properties along it. To the north, Mount
Comfort is an unimproved Minor Arterial along the property's frontage, with
asphalt paving, one lane in each direction, and open ditches on both sides. Any
improvements or requirements for drainage will be determined at the time of
development.
Water: Public water is available to the site. An 8 -inch water main runs through the
property itself and a 6 -inch water main is present on 'old' Rupple along the
property's frontage
Sewer: Public sanitary sewer is not available to the site. At the time of development,
construction and approval of a sanitary sewer extension to the site is required.
Drainage: Although portions of the property lie within the regulatory floodway, 100 -year
floodplain, and 500 -year floodplain associated with Hamestring Creek, no hydric
soils are present and no portion of the site resides with the Hillside -Hilltop
Overlay District. Improvements or requirements for drainage would be
determined at the time of development.
Fire: The Fire Department did not express any concerns with this request but did note
that the property will be protected by Station 7, located at 835 North Rupple Road
with an anticipated response time of approximately 5.2 minutes. This is within 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 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the majority of the property as City Neighborhood Area. These are more densely developed
than residential neighborhood areas and provide a varying mix of nonresidential and residential
uses. This designation supports the widest spectrum of uses and encourages density in all
housing types, from single family to multifamily. Non-residential uses range in size, variety and
intensity from grocery stores and offices to churches, and are typically located at corners and
along connecting corridors. The street network should have a high number of intersections
creating a system of small blocks with a high level of connectivity between neighborhoods.
Setbacks and landscaping are urban in form with street trees typically being located within the
sidewalk zone.
AMID]1►LeLY�I��a�.��_l��
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: Asserting compatibility is challenging given the
wide variety of land uses in the area, including large parcels of undeveloped
GAETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 VVT Transfer
Page 2 of 15
property, a cemetery, and the southern extents of a single-family residential
subdivision. Additionally, this property is towards the northwestern extents
of Fayetteville, in close proximity to unincorporated Washington County.
That said, staff ultimately finds the proposed zoning to be compatible given
the minimal impacts anticipated on nearby, low-density uses, and the
potential of undeveloped properties to the south and west to be developed
with appropriate transition to the requested CS zoning along this busy
transportation corridor. The proposed CS zoning would allow a significant
shift in development patterns in this area of west Fayetteville, permitting
high-density residential and non-residential development in a traditional
town form pattern. Although this pattern is different, it can be compatible
with and would allow uses, goods, and services that support surrounding
neighborhoods.
Land Use Plan Analysis: The proposed zoning is consistent with the Future
Land Use Map (FLUM) of City Plan 2030. As outlined above, properties
designated as City Neighborhood Area are to support a wide variety of uses,
densities, and intensities, as are permitted under the CS zoning district.
Additionally, the goals of City Plan 2030 include making traditional town form
the standard. The CS zoning district encourages patterns of development
that result in realizing this goal, including a requirement that buildings be
located close to the street with parking to the side or rear and creating an
environment more appealing to pedestrians than the development patterns
allowed by a suburban commercial zoning district such as C-1 and C-2. A
mixture of residential and commercial uses is typical in a traditional urban
form, with buildings addressing the street.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified and needed to accommodate
development of this area that has been anticipated in the City's
comprehensive plan for several years. The proposed CS zoning will
encourage appropriate commercial or residential development near a future
arterial intersection in an area that has seen almost -uniform residential
development over the last decade. The CS District is primarily designed to
provide convenience goods and personal services for persons living in the
surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser
development nodes.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A CS zoning allows a wide range of commercial activity and unlimited
residential density. The proposed rezone would create the potential to
generally increase traffic in the area over the existing zoning. However, with
the re -alignment of Rupple Road near the site and the traffic signal at Mount
Comfort and Rupple, increased traffic has been anticipated and will be
accommodated. Further, non-residential goods and services that would be
G1ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 3 of 15
permitted under the CS zoning would not likely be a regional draw but would
primarily accommodate people living in the area.
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: The applicant's requested CS zoning district allows both residential and
nonresidential uses. Additionally, there is no density limit associated with
the CS zoning district. Although potentially higher than the current R -O
zoning district's allowance of 24 units per acre, staff finds that no adverse
impacts on services are anticipated given the size of the property, the lack
of Fire and Police Department objection, and adjacency to City
infrastructure.
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 19-6750 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 12, 2019 O Tabled M Forwarded O Denied
Motion: Johnson, recommending approval.
Second: Canada
Vote: 9-0-0
GAETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 4 of 15
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.20—R-0, Residential Office
o §161.22—CS, Community Services
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 5 of 15
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
Unit 25
Offices, studios, and related services
Unit 41
Accessory dwellings J
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
Unit 45
Small scale production f
(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
G:\ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 6 of 15
Townhouses:
3,000 square feet
Development
10,000 square
apartments:
feet
Individual lot
2,500 square
One bedroom
feet
Single-family
6,000 square
feet _!I
Two (2) family
6,500 square
Fraternity or Sorority
feet
Three (3) or more
8,000 square
Rear, in the Hillside Overlay District
feet
r Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home
3,000 square feet
Townhouses &
50
apartments:
feet
No bedroom
1,000 square feet
One bedroom
1,000 square feet
Two (2) or more
15
fee
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
1
feet
Side
feet et
Side, when contiguous to a residential district
15
fee
Side, in the Hillside Overlay District
8 feet
Rear, without easement or alley
25
;feet
Rear, from center line of public aIle
p y
10
feet
Rear, in the Hillside Overlay District
15
feet
(F) Building Height Regulations.
Building Height Maximum 5 stories
G:\ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 VVT Transfer
Page 7 of 15
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)
G:\ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 VVT Transfer
Page 8 of 15
161.22 - Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use
centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit
10
Three (3) and four (4) family dwellings
f
Unit
Center for collecting recyclable materials
13
Eating places
Unit
15
Neighborhood Shopping goods
Unit
Gasoline service stations and drive-in/drive
18
through restaurants
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
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
G:\ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 Wr Transfer
Page 9 of 15
Unit 34
Liquor stores -- -�
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities'
Unit 40
Sidewalk Cafes
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations .
A build -to zone that is
Front: located between 10 feet
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
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15, Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§
5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
G:\ETC\Development Services Review\2019\Development Services\19-6750 RZN
2143 N. Rupple Rd (WT Transfer Holding Co.) 361\03 Planning Commission\08-12-2019 Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 10 of 15
RZN 19-6750
Request
Letter
Written request to rezone approximately 4 91 acres on N Rupple Road
We are requesting to rezone approximately 4.91 acres located at the corner of N.
Rupple Road and Mt. Comfort Road. The subject land is currently zoned Residential
Office (R-0). We are requesting that the subject property be rezoned to Community
Services (CS). The adjacent property to the east is zoned Community Services (CS)
and the property to the south is zoned Community Services (CS). A rezoning of the
4.91 -acre property to Community Services (CS) would make it more compatible
with the zoning of the surrounding properties and the future development of this
part of Fayetteville. There should be no adverse impact on the surrounding
properties as the properties to the east and south are zoned CS, a cemetery is to the
north on the other side of Mt. Comfort, and there is an undeveloped property zoned
R -A to the west.
Planning Commission
August 12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 11 of 15
RZN19-6750 WT TRANSFER HOLDING CO. _
One Mile View NORTH
0 0 125 Q?_ 0 5 MI!
0 1,
z
� r
0 1
x 1
It�F-1
O - CLAREN DR
x � a
' MORNING MIST DR w
1 '
W J
1 Q 0
1 11J
1 In
0
1
1 1
1 1
1 1
1 1
1
1
1
1
(IDGE
NRD
RI -12
OUNT
COMFORT RD
pJ a
If
R0 J
LL 1
S, CS
R -A
1 N
Subject Property
BRIDGE
Legend
Planning Area
1' Fayetteville City Limits
t— — -
- Shared Use Paved Trail _ _ _ _ _
Planning Area ----=
Trail (Proposed)
= Fayetteville City Limits
P
RI,z D
c
LJ
RNIF-24
RI,z D
A.905T12, 2019
Agenda Item 12
19-6750 Wr Transfer
Page 12 of 15
c
LJ
RNIF-24
�,,.
EXi NAC IIDN
RESIDENTIAL SINGLE-FAMILY
ML1
ReaMeMaMgricunural
RSF.S
COMMERCIAL
RaaMeMel-0R,w
RSF-2
L2
RSFrt
RSF-)
FORM BASED DISTRICTS
SFd
w Dor+mnvn Lare
RRSF-ts
RE
-Ul�ln ThomupMare
SRI.12 IL MULTI -FAMILY MRI Mrn SRaM Cerner
RI -12
� Downbwn General
e,�y. RMF -6
Community S--
RMF -12
i. Negn—h—I Smua
RMF -1S
�NsyMOT—Cmaervelun
RMF -N
PLANNED ZONING DISTRICTS
RMF "w
NO Cann .. nquq .. R— .1
INDUSTRIAL
INSTITUTIONAL
Comme,eM eM
Lgnl nUoahelP-1
1• .:ry
oe «. In,a ,tel
Planning Co
mission
A.905T12, 2019
Agenda Item 12
19-6750 Wr Transfer
Page 12 of 15
Agenda Item 12
19-6750 Wf Transfer
Page 13 of 15
Agenda Item 12
1 M750 WT Transfer
Page 14 of 15
RZN 19-6750
Future Land Use
KYNLEIGH PL
WT TRANSFER HOLDING
o
�
}
GUJ
Y
W
c
U
W
Q
z
W
WOOD DUCK DR
p
=
MOSSY ROCK DR
MOUNT COMFORT RD
NORTH
MORNING MIST DR
1
W�
q� aI
Aly �
Ems' 141
Subject Property i
t
PURVA A
NEW BRIDGE `ZD
Legend
1
Planning Area
tZZZ
_ _ _I Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
BRIDGE'
a
�
J
0
=
O
M
0
w
z
Legend
1
Planning Area
tZZZ
_ _ _I Fayetteville City Limits
Shared Use Paved Trail
Trail (Proposed)
Building Footprint
BRIDGE'
STARRY NIGHT VW ���
O Z
SS LO z
`Q -O Q
04 G K W AY
Ge OOKED S \ Q
W A P
Feet
0 180 360 720 1,080
1 inch = 500 feet
FUTURE LAND USE 2030
Natural Area
Residential Neighborhood Area
- City Neighborhood Area
1,440 Civic and Private Open Space/Parks
Civic Institutional
Planning Coinmission
12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 15 of 15
I
0
0
s
0
STARRY NIGHT VW ���
O Z
SS LO z
`Q -O Q
04 G K W AY
Ge OOKED S \ Q
W A P
Feet
0 180 360 720 1,080
1 inch = 500 feet
FUTURE LAND USE 2030
Natural Area
Residential Neighborhood Area
- City Neighborhood Area
1,440 Civic and Private Open Space/Parks
Civic Institutional
Planning Coinmission
12, 2019
Agenda Item 12
19-6750 WT Transfer
Page 15 of 15
RECEIVED
OCT 0 3 2919
NORTHWEST ARKANSAS 'c'j ' CLERK'S OFFI
TIN
uemocratV,0azdtc
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager for 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. 6224
Was inserted in the Regular Edition on:
September 12, 2019
Publication Charges: $ 63.30
Cathy Sta s
Subscribed and sworn to before me
This qday of ! jt& 2019.
0 t4�
Notary Public
My Commission xpires: ZILa �Zrruy
CATHY WILES
/ Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024 1k
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6224
File Number: 2019-0497
RZN 19-6750 (2143 N. RUPPLE RD./WT
TRANSFER HOLDING CO.):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6750 FOR
APPROXIMATELY 4.57 ACRES LOCATED
2143 NORTH RUPPLE ROAD FROM R -O,
RESIDENTIAL OFFICE TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the
zone classification of the property shown on
the map (Exhibit A) and the legal description
(Exhibit B) both attached to the Planning
Department's Agenda Memo from R -O,
Residential Office to CS, Community
Services.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville
to reflect the zoning change provided in
Section I.
PASSED and APPROVED on 9/3/2019
Jordan, Mayor
Sondra E. Smith, City Clerk Treasurer
75077830 Sept. 12, 2019
