HomeMy WebLinkAboutORDINANCE 6232pF Fpyf TTP
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-0RKANS PS
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6232
File Number: 2019-0551
RZN 19-6787 (3313 W. MT. COMFORT/COOPER):
I IIIIIII IIIIII III VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
Doc ID. 018835900004 Type
Kind: ORDINANCE
Recorded: 10/04/2019 at 11:21:28 AM
Fee Amt: $30.00 Pape 1 of a
Washington County, AR
Kyle Sylvester Circuit Clerk
File2019-00030351
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT ROAD
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G, NEIGHBORHOOD
SERVICES -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 RSF-4, Residential Single Family, 4 units per
acre to NS -G, Neighborhood Services -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 9/17/2019
Page 1 Printed on 9119119
File Number: 2019-0551
Resolution 6232
Page 2
Attest: ``����n i n►y,���
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,�`�••' CITY •.Fy%
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Lisa Branson, Deputy City Clerk ��y� •,f -q S ••�
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Printed on 9119119
RZN19-6787 COOPER EXHIBIT 'A'
Close Up View 19-6787
R -A
2
W
J
Q
N
Cs
R-0
RS1 -4
Subject Property
ILI
Legend
Planning Area
Feet
Fayetteville City Limits 0 75 150 300 450
Building Footprint 1 inch = 200 feet
THORNEBROOK ST
WESTBURY ST
MOUNT COMFORT RD
.ie]
P-1
NORTH
Zoning Acres
NS -G 0.7
Total 0.7
EXHIBIT 'B'
19-6787
Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS:
Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described ns follows:
Commencing at the Northeast Corner of said 40 acre tract, said point being in
Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line
of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence
South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner
post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing
fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a
point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and
from which an existing reference iron on the South right of way line of said road bears
South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51
minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part
of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows: beginning
at the Northeast Corner of said Fractional NW/4 of the SWA; thence South 02 degrees,
34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds
West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet;
thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87
degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing
4,303 square feet or 0.10 acres, more or less
Washington County, AR
I certify this instrument was filed on
10/04/2019 11:21:28 AM
and recorded in Real Estate
File Number 201 -00
Kyle Sylvester -, Clerk
by �,
- City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
---''/ File Number: 2019-0551
Agenda Date: 9/17/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 4
RZN 19-6787 (3313 W. MT. COMFORT./COOPER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6787 FOR APPROXIMATELY 0.60 ACRES LOCATED AT 3313 WEST MOUNT COMFORT
ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NS -G,
NEIGHBORHOOD SERVICES -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 RSF-4, Residential Single Family, 4 units per acre to NS -G, Neighborhood
Services -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 9/19/2019
City of Fayetteville Staff Review Form
2019-0551
Legistar File ID
9/17/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 8/30/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted by ANDREW COOPER for property
located at 3313 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 0.60 acres. The request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES -
GENERAL.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$
0
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 17, 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 30, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362): Submitted
by ANDREW COOPER for property located at 3313 W. MT. COMFORT RD. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 0.60 acres. The request is to rezone the property to
NS -G, NEIGHBORHOOD SERVICES -GENERAL.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to NS -G, Neighborhood Services -General, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on the south side of Mount Comfort Road, between Salem Road
to the west and Hatterly Lane to the east. Development on the site is limited to one single-family
home built in 1995 which accesses Mount Comfort Road by a residential driveway.
Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4
Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the
property as a professional office.
Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns
in the area, which contain a mixture of low-density residential subdivisions, existing, larger lot
residential properties that predate Mount Comfort's widening, and institutional uses. The
immediately adjoining property to the west, east, and south is nonresidential in use and
associated with Pathway Baptist Church and Mount Comfort Church of Christ. The NS -G zoning
district allows incrementally increasing residential allowances, to include 2-, 3-, and 4 -family
dwellings, and nonresidential uses in a manner that compliments the current land uses and the
increasingly -busy corridor.
Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be compatible with the Future
Land Use Map and its designation of the subject area as Residential Neighborhood Area. As
noted above and throughout this report, the Residential Neighborhood Area designation makes
explicit reference to incorporating nonresidential uses into residential areas at appropriate
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
locations for the benefit of surrounding neighborhoods. This area of the City has many residents
in low-density developments that lack nonresidential goods and services. This has created a
conflict with the City's goal to create complete, compact, and connected neighborhoods that can,
in turn. encourage a livable transportation network. Although a smaller property relative to others
along Mount Comfort, rezoning the applicant's site could help alleviate a lack of services in the
area and begin redressing decades of single -use development.
DISCUSSION:
On August 26, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-0-0. Prior to the meeting, staff received public
comment objecting to the request, expressing concern that Mount Comfort Road is shifting from
residential to a commercial character, and that nonresidential uses ought to be centered on Mount
Comfort's intersections with Rupple and Interstate 49. No public comment was made at the
August 26'h Planning Commission meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN19-6787 COOPER EXHIBIT 'A'
Close Up View 19-6787
R -A
RSF-a
sed NS -j
THORNEBROOKST
WESTBURY ST
MOUNT COMFORT RD
Subject Property
N -i
Legend
;- - - Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
NORTH
Zoning Acres
NS -G 0.7
Tota 1 0.7
W
J
Q
U
r
Uj
J R-0
U
RSF-a
sed NS -j
THORNEBROOKST
WESTBURY ST
MOUNT COMFORT RD
Subject Property
N -i
Legend
;- - - Planning Area Feet
Fayetteville City Limits 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
NORTH
Zoning Acres
NS -G 0.7
Tota 1 0.7
EXHIBIT 'B'
19-6787
Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS:
Part of the NW/4 of the SW/4 of Section 6, Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described ns follows:
Commencing at the Northeast Corner of said 40 acre tract, said point being in
Mt.Comfort Road and from Which a 1/2 inch reference set on the South right of way line
of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence
South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner
post; thence North 89 degrees, 59 minutes, 26 seconds West 110.00 feet to an existing
fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet to a
point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and
from which an existing reference iron on the South right of way line of said road bears
South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89 degrees, 51
minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part
of the Fractional NW/4 of the SW/4 of Section 61 Township 16 North, Range 30 West,
Washington County, Arkansas, being more particularly described as follows: beginning
at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees,
34 minutes 44 seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds
West 62.94 feet; thence North 89 degrees, 27 minutes, 53 seconds West 47.09 feet;
thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87
degrees, 23 minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing
4,303 square feet or 0.10 acres, more or less
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: August 26, 2019 (Updated with Planning Commission Results)
SUBJECT: RZN 19-6787: Rezone (3313 W. MT. COMFORT RD./COOPER, 362):
Submitted by ANDREW COOPER for property located at 3313 W. MT.
COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.60 acres. The
request is to rezone the property to NS -G, NEIGHBORHOOD SERVICES -
GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6787 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN 19-6787 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on the south side of Mount Comfort Road, between Salem Road
to the west and Hatterly Lane to the east. Development on the site is limited to one single-family
home built in 1995 and accessing Mount Comfort Road by a residential driveway. Surrounding
land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential;
RSF-4, Residential Single famil, 4 Units per Acre;
South
Pathway Baptist Parkin Lot
P-1, Institutional
East
Food Bank Mount Comfort Church of Christ
P-1, Institutional
West
Residential Office (Pathway Baptist Church)
RSF-4, Residential Single-family, 4 Units per Acre;
Request: The request is to rezone the subject property from RSF-4, Residential Single-family, 4
Units per Acre, to NS -G, Neighborhood Services -General. The applicant would like to use the
property as a professional office.
Public Comment: Staff has received a no formal public comment regarding this request, but has
heard concerns from a City Council member in this ward about development pressure in the area.
Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 1 of 14
INFRASTRUCTURE:
Streets: The property currently has frontage along west Mount Comfort Road a fully -
improved Minor Arterial with asphalt paving, curb and gutter, sidewalk, and bike
lanes. Any street improvements or requirements for drainage will be determined
at the time of development.
Water: Public water is available to the site. A 12 -inch water main runs along the
property's Mount Comfort frontage.
Sewer: Public sanitary sewer is available to the site. An 8 -inch water main runs along the
property's Mount Comfort frontage.
Drainage: No portion of the site lies within floodplain, 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.
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 properties within the proposed rezone as Residential Neighborhood Area. Residential
Neighborhood Areas are primarily residential in nature and support a variety of housing types of
appropriate scale and context, including single-family, multi -family, and rowhouses. Development
is encouraged to be highly -connected, with compact blocks, grid street pattern and reduced
setbacks. Low -intensity non-residential uses are encouraged at appropriate locations, such as on
corners and connecting corridors.
FINDINGS OF THE STAFF
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 the area, which contain a mixture of low-
density residential subdivisions, existing, larger lot residential properties
that predate Mount Comfort's widening, and institutional uses. The
immediately adjoining property to the west, east, and south is nonresidential
in use and associated with Pathway Baptist Church and Mount Comfort
Church of Christ. The NS -G zoning district allows incrementally increasing
residential allowances, to include 2-, 3-, and 4 -family dwellings, and
nonresidential uses in a manner that compliments the current land uses and
the increasingly -busy corridor.
Land Use Plan Analysis: Staff finds the proposed NS -G zoning to be
compatible with the Future Land Use Map and its designation of the subject
area as Residential Neighborhood Area. As noted above and throughout this
report, the Residential Neighborhood Area designation makes explicit
reference to incorporating nonresidential uses into residential areas at
appropriate locations for the benefit of surrounding neighborhoods. This
G1ETC\Development Services Review\2019\Development Services\19-6787 RZN
3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 2 of 14
area of the City has many residents in low-density developments that lack
nonresidential goods and services. This has created a conflict with the City's
goal to create complete, compact, and connected neighborhoods that can,
in turn, encourage a livable transportation network. Although a smaller
property relative to others along Mount Comfort, rezoning the applicant's
site could help alleviate a lack of services in the area and begin redressing
decades of single -use development.
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 convert the existing
structure and possibly improve the property for professional offices. The
proposed zoning district would allow for an appropriate flexibility in
permitted land uses along a major corridor where residential densities are
low and services are generally inadequate.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has direct access to Mount Comfort Road, a fully -improved Minor
Arterial. Although the proposed NS -G zoning district allows uses that may
increase traffic over the existing RSF-4 zoning district, the size of the
property and the associated limitations on development would likely not
result in a significant increase in traffic nor appreciably increase traffic
danger and congestion. The necessity for street improvements or
modifications to site access will be reviewed with future development
submittals.
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 NS -G zoning district allows single-, 2-, 3-, and 4 -
family dwellings at a density of 18 units per acre. Although decidedly higher
than the current RSF-4 allowance of four units per acre, staff finds that no
adverse impacts on services are anticipated given adjacency to existing 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
GAETC\Development Services Review\2019\Development Services\19-6787 RZN
3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 3 of 14
RECOMMENDATION: Planning staff recommends forwarding RZN 19-6787 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 26, 2019 O Tabled ® Forwarded O Denied
(Motion: Johnson, recommending approval
(Second: Belden
Note: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
0 §161.07 — RSF-4, Residential Single-family, 4 Units per Acre
o §161.19 — NS -G, Neighborhood Services -General
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 4 of 14
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
j Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
(D) Bulk and Area Regulations.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
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3313 W. Mt. Comfort Rd. (Cooper) 362\03 Planning Commission\08-26-2019 Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 5 of 14
FS,ngle-family
Two (2) family
dwellings
dwellings
Lot minimum
70 feet
80 feet
width
Lot area
8,000 square
12,000 square
minimum
feet
feet
6,000 square
Land area per
8,000 square
dwelling unit
feet
feet
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
Hillside Overlay
8 000 square
12,000 square
District Lot
feet
feet
area minimum
Land area per
8,000 square
6,000 square
dwelling unit
feet
feet
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August 26, 2019
Agenda Item 13
19-6787 Cooper
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(E) Setback Requirements.
Front i Side Rear
15 feet T 5 feet it feet
(F) Building Height Regulations.
j Building Height Maximum 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16, Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
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Agenda Item 13
19-6787 Cooper
Page 6 of 14
161.19 - NS -G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed-use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood development
form with sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and
use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Neighborhood Services district
is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings.
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General business
Unit 24
Home occupations
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
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 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 16
Shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities
Unit 40
Sidewalk cafes
Unit 45
Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family 4,000 square feet
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August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 7 of 14
Two (2) family or 3,000 square feet per dwelling
more unit
All other uses None
(E) Setback regulations.
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
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August 26. 2019
Agenda Item 13
19-6787 Cooper
Page 8 of 14
Rear when
contiguous to a
Front
Side
Side -Zero Lot Line*
Rear
single-family
residential
district
A build -to zone
A setback of less than 5
that is located
feet (zero lot line) is
between the front
5
permitted on one interior
property line and
feet
side, provided a
None
15 feet
a line 25 feet
maintenance agreement is
from the front
filed**. The remaining side
property line.
setback(s) shall be 10 feet.
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
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Agenda Item 13
19-6787 Cooper
Page 8 of 14
RZN 19-6787
Compatibility Statement Request
Letter
Andrew & Selina Cooper
3313 W. Mt. Comfort Rd.
Fayetteville, AR 72704
479-263-7602
Parcel ID 765-13649-020
S -T -R 06-16-30
Partial Legal: PT NW SW 0.60 AC FURTHER DESCRIBED FROM 2017-36523 AS: Part of the NW/4 of the SW/4 of Section
6, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described ns follows:
Commencing at the Northeast Corner of said 40 acre tract, said point being in Mt.Comfort Road and from Which a 1/2 inch
reference set on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence
South 00 degrees, 00 minutes, 03 seconds West 276.70 feet to an existing fence corner post; thence North 89 degrees, 59 minutes,
26 seconds West 110.00 feet to an existing fence corner post; tbence North 00 degrees, 03 minutes, 12 seconds East 276.94 feet
to a point on the North liue of said 40 acre tract, said point being in Mt. Comfort Road and from which an existing reference iron
on the South right of way line of said road bears South 00 degrees, 03 minutes, 12 seconds West 30.00 feet; thence South 89
degrees, 51 minutes, 56 seconds East 110.0 feet to the Point of Beginning. LESS AND EXCEPT Part of the Fractional NW/4 of
the SW/4 of Section 61 Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as
follows: beginning at the Northeast Corner of said Fractional NW/4 of the SW/4; thence South 02 degrees, 34 minutes 44
seconds West 37.96 feet; thence North 88 degrees, 24 minutes, 58 seconds West 62.94 feet; thence North 89 degrees, 27 minutes,
53 seconds West 47.09 feet; thence North 02 degrees, 34 minutes, 44 seconds East 40.18 feet; thence South 87 degrees, 23
minutes, 45 seconds East 110.00 feet to the Point of Beginning, containing 4,303 square feet or 0.10 acres, more or less
We believe that our home is compatible with adjacent commercial properties and the purpose of
the Neighborhood Services — General zoning. We are the only single-family residence along a
stretch of several commercial properties along the South side of Mount Comfort Rd. still being
utilized as a residence. Immediately to out- East we are neighbors to the Banford House, a food
pantry service to the local community. The Banford House sits on the larger property of Mount
Comfort Church of Christ. Immediately to our West is the Residential/Office building for
Pathway Baptist Church, which adjoins Pathway Baptist Church. The next property to the West
of Pathway has recently been rezoned for Community Services. We also believe that our intent
aligns with the purpose of the NS -G zoning request. We plan to use the existing home at our
location to provide a professional office building in which to operate our small business
counseling center. We would like to serve the needs of the immediate community by enriching
families and individuals, just as our existing business neighbors offer. By using the existing
structure we hope to minimize the aesthetic change to the neighborhood feeling, while offering
professional services within walking distance to neighbors all along Mount Comfort Rd.
We do not believe that our rezoning request will adversely affect our neighborhood or
surrounding land uses. We do not plan to make any external changes to the building, minimizing
the aesthetic impact. We do not anticipate any noise issues. The use of our property will mostly
be during traditional hours of operation, resulting in no significant activity change after work
hours. We do not believe our rezoning will adversely affect the traffic to Mount Comfort. While
Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 9 of 14
we anticipate some clients may come from other parts of Fayetteville, most of our focus will be
on serving families who live in 72704. This has been our trend since moving to our current
location on Wedington Drive in 2013, and brings us great joy to be located close to where people
live, minimizing impact on their life and on city congestion.
Planning Commission
August 26, 2019
Agenda Item 13
19-6787 Cooper
Page 10 of 14
RZN 19-6787 COOPER
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AugrrSf26, 2019
Agenda Item 13
19-6787 Cooper
Page 11 of 14
Agenda Item 13
19-6787 Cooper
Page 12 of 14
RZN 19-6787 COOPER
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Planning Co mission
26, 2019
Agenda Item 13
19-6787 Cooper
Page 13 of 14
Agenda Item 13
19-6787 Cooper
Page 14 of 14
RECEIVED
4)CT 04 2019
NORTHWEST ARKANSAS CIT
vemocratT
1
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
f
CITY OF FAYETTEVILLE
Ord. 6232
Was inserted in the Regular Edition on:
September 26, 2019
Publication Charges: 67.60
AL��X/l
Cathy S(yg
s
Subscribed and sworn to before me
This day of 2019.
o W4
Notary Public
My Commission Expires: Z/ z
CATHY WILES
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6232
File Number: 2019-0551
RZN 19-6787 (3313 W. MT.
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6787 FOR
APPROXIMATELY 0.60 ACRES LOCATED
AT 3313 WEST MOUNT COMFORT ROAD
FROM RSF4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE TO NS -G,
NEIGHBORHOOD SERVICES -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 RSF4, Residential Single
Family, 4 units per acre to NS -G, Neighborhood
Services -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 9/17/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75096217 Sept. 26, 2019