HomeMy WebLinkAboutOrdinance 6321[r-
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6321
File Number: 2020-0406
RZN 20-7074 (4210 N. FRONTAGE RD./LINDSEY):
ARCHIVED
I IIIIIII IIIIII III IIIII IIIII IIIII IIII III IIIII IIIII IIIII IIIII III II I I IIII
Doc ID: 019313210004 Type: REL
Kind: ORDINANCE
Recorded: 07/13/2020 at 02:57:12 PM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2020 00023495
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-7074 FOR APPROXIMATELY 0.81 ACRES LOCATED SOUTH OF 4210 NORTH
FRONTAGE ROAD FROM C-2, THOROUGHFARE COMMERCIAL 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 C-2, Thoroughfare Commercial 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 6/4/2020
Page 1 Printed on 618120
Ordinance. 6321
File Number: 2020-0406
Attest:
' FAYETTEVILLE
Kara Paxton City Clerk Treasurer.
ICD
�N�T ON
Page 2 Printed on 618120
RZN20-7074 LI N DS EY 20-7074
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Subject Property
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Legend
Zoning Acres
Shared Use Paved Trail
CS 0.8
Trail (Proposed)
Design Overlay District
Feet
- —� Planning Area
- - +
Fayetteville City Limits
0 112.5 225
450 675
900
Building Footprint
1 inch = 300 feet
Total o.s
20-7074
EXHIBIT 'B'
PART OF NORTHWEST VILLAGE ADDITION, AS PER PLAT RECORD 14-70 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG THE EAST LINE THEREOF S02°44'22"W 198.00 FEET TO THE EASTERLY RIGH-OF-WAY OF
NORTH FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT -OF WAY THE FOLLOWING THREE COURSES:
THENCE 180.64 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 115.00 FEET AND A LONG CHORD
OF N42°15'38"W 162.63 FEET;
THENCE N87'15'38"W 103.07 FEET;
THENCE 142.78 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 105.00 FEET AND A LONG
CHORD OF N48°18'28"W 132.03 FEET TO THE NORTH LINE OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG SAID NORTH LINE S87°15'38"E A DISTANCE OF 320.74 FEET TO THE POINT OF
BEGINNING, CONTAINING 0.63 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF
RECORD OR FACT.
ALSO
PART OF NORTHWEST VILLAGE ADDITION, AS PER PLAT RECORD 14-70 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG THE EAST LINE THEREOF S02°44'22"W 313.30 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE S02°44'22"W 198.20 FEET;
THENCE N87°15'38"W 70.38 FEET TO THE EASTERLY RIGH-OF-WAY OF NORTH FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT -OF WAY THE FOLLOWING THREE COURSES:
THENCE 26.24 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 125.00 FEET AND A LONG
CHORD OF N21°22'30"E 26.19 FEET;
THENCE N27°22'58"E 110.50 FEET;
THENCE 75.25 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 175.00 FEET AND A LONG CHORD
OF N15°03'45"E 74.67 FEET TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES, MORE OR LESS
AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
07/13/2020 02:57:12 PM
and recorded in Real Estate
File Number 2020-00023495
Kyle Sylvester - Circuit Clerk
F im City of Fayetteville, Arkansas 113 West Mountain Street
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i;ti"SPA File Number: 2020-0406
Agenda Date:6/2/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number:C 9
RZN 20-7074(4210 N. FRONTAGE RD./LINDSEY):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7074 FOR APPROXIMATELY 0.81 ACRES LOCATED SOUTH OF 4210 NORTH FRONTAGE
ROAD FROM C-2,THOROUGHFARE COMMERCIAL 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 C-2,Thoroughfare Commercial 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 6/8/2020
City of Fayetteville Staff Review Form
2020-0406
Legistar File ID
6/2/2020
City Council Meeting Date-Agenda Item Only
N/A for Non-Agenda Item
Garner Stoll 5/15/2020 CITY PLANNING (630)
Submitted By Submitted Date Division/Department
Action Recommendation:
RZN 20-7074: Rezone (SOUTH OF 4210 N. FRONTAGE RD./LINDSEY, 135):Submitted by CRAFTON TULL ENGINEERS,
INC.for property located SOUTH OF 4210 N. FRONTAGE RD.The property is zoned C-2,THOROUGHFARE
COMMERCIAL and contains approximately 0.81 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 Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ -
V20180321
Purchase Order Number: Previous Ordinance or Resolution#
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
dr ARKANSAS
MEETING OF JUNE 2, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: May 15, 2020
SUBJECT: RZN 20-7074: Rezone (SOUTH OF 4210 N. FRONTAGE RD./LINDSEY, 135):
Submitted by CRAFTON TULL ENGINEERS, INC. for property located SOUTH
OF 4210 N. FRONTAGE RD. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.81 acres. The request is to rezone
the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits 'A' and `B'.
BACKGROUND:
The subject property contains 0.81 acres on the east side of North Frontage Road, approximately
one-fifth of a mile northeast of College Avenue's intersection with Joyce Boulevard. The property
includes two discrete parcels that are undeveloped, with the southernmost including an access
drive to the larger 6.40-acre property to the east.
Request: The request is to rezone the property from C-2, Thoroughfare Commercial, to CS,
Community Services. The applicant has not shared specific development plans other than to say
that approval of this request will allow for a logical and coherent development in association with
the property to the east that is currently zoned CS.
Land Use Compatibility: The proposed zoning is compatible with the surrounding mixture of
commercial, office, and multi-family land uses to the north, south, and west. An amendment to
the zoning map to CS zoning would allow for residential density and potential for commercial and
mixed-uses in this transitional area between purely commercial and residential property.
Land Use Plan Analysis: Staff finds the proposed rezoning is consistent with many of the goals
and tenets of City Plan 2040 and the property's Future Land Use Map designation of Urban Center
Area. Primary tenets of City Plan 2040 include encouraging appropriate infill, promoting
transportation opportunities, and building complete neighborhoods. Approval of the CS zoning
district at this location addresses each of these through permitting a broad array of residential and
nonresidential uses in an area with access to transit, trails, sidewalks, and public services. By
creating the potential for housing in addition to services in a major node of Fayetteville, existing
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and prospective residents can live, work, and recreate with limited vehicle-dependence.
Additionally, and as a compliment to other City goals, the proposed zoning can reduce the
pressure for peripheral, sprawl development that stretches municipal infrastructure liabilities while
increasing vehicle miles travelled.
City Plan 2040's Infill Matrix indicates a score of eight for the subject property. The following
elements of the matrix contribute to the score:
• Appropriate Future Land Use Map (Urban Center Area/71 B Corridor)
• Near a Grocery Store (Natural Grocers)
• Near ORT Bus Stop (Route 10 & 30)
• Near Razorback Transit Bus Stop (Bus 20)
• Near Trail (Mud Creek & Lake Fayetteville)
• Near Park (Veterans Park/Lake Fayetteville)
• Near Water Main (Frontage Road)
• Near Sewer Main (Frontage Road)
• Note: The property is within the matrix's prescribed distance from Hass Hall, but this is not
classified as a public school.
DISCUSSION:
On May 11, 2020, the Planning Commission forwarded the rezoning request to the City Council
with a recommendation of approval. The Commission voted unanimously in favor of the motion
and no public comment was presented.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
2
RZN20-7074 LINDSEY
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Shared Use Paved Trail CS 0.8
Trail(Proposed)
L......: Overlay District Feet
L _ ..Planning Area
i - - + 0 112.5 225 450 675 900
L - _I Fayetteville City Limits
Building Footprint 1 inch = 300 feet Total 0.8
PART OF NORTHWEST VILLAGE ADDITION,AS PER PLAT RECORD 14-70 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG THE EAST LINE THEREOF S02°44'22"W 198.00 FEET TO THE EASTERLY RIGH-OF-WAY OF
NORTH FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT-OF WAY THE FOLLOWING THREE COURSES:
THENCE 180.64 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 115.00 FEET AND A LONG CHORD
OF N42°15'38"W 162.63 FEET;
THENCE N87°15'38"W 103.07 FEET;
THENCE 142.78 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 105.00 FEET AND A LONG
CHORD OF N48°18'28"W 132.03 FEET TO THE NORTH LINE OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG SAID NORTH LINE S87°15'38"E A DISTANCE OF 320.74 FEET TO THE POINT OF
BEGINNING,CONTAINING 0.63 ACRES, MORE OR LESS AND SUBJECT TO ANY AND ALL EASEMENTS OF
RECORD OR FACT.
ALSO
PART OF NORTHWEST VILLAGE ADDITION,AS PER PLAT RECORD 14-70 IN THE OFFICE OF THE CIRCUIT
CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,ARKANSAS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST VILLAGE ADDITION;
THENCE ALONG THE EAST LINE THEREOF S02°44'22"W 313.30 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE S02°44'22"W 198.20 FEET;
THENCE N87°15'38"W 70.38 FEET TO THE EASTERLY RIGH-OF-WAY OF NORTH FRONTAGE ROAD;
THENCE ALONG SAID EASTERLY RIGHT-OF WAY THE FOLLOWING THREE COURSES:
THENCE 26.24 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 125.00 FEET AND A LONG
CHORD OF N21°22'30"E 26.19 FEET;
THENCE N27°22'58"E 110.50 FEET;
THENCE 75.25 FEET ALONG A CURVE TO THE LEFT WITH A RADIUS OF 175.00 FEET AND A LONG CHORD
OF N15°03'45"E 74.67 FEET TO THE POINT OF BEGINNING,CONTAINING 0.14 ACRES, MORE OR LESS
AND SUBJECT TO ANY AND ALL EASEMENTS OF RECORD OR FACT.
CITY OF
opp. FAYETTEVILLE PLANNING COMMISSION MEMO
[._ ,.ppr ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
MEETING DATE: May 11. 2020 (Updated with Planning Commission Results)
SUBJECT: RZN 20-7074: Rezone (SOUTH OF 4210 N. FRONTAGE RD./LINDSEY,
135): Submitted by CRAFTON TULL ENGINEERS, INC. for property
located SOUTH OF 4210 N. FRONTAGE RD. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.81
acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 20-7074 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 20-7074 to City Council with a recommendation for approval."
BACKGROUND:
The subject property contains 0.81 acres on the east side of North Frontage Road, approximately
one-fifth of a mile northeast of College Avenue and Joyce Boulevard. The property includes two
discrete parcels that are undeveloped, with the southernmost including an access drive to the
larger 6.40-acre property to the east. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
North Retail Service C-2, Thoroughfare Commercial
South Multi-family Residential R-PZD, Residential Planned Zoning District
East Undeveloped CS, Community Services
West Multi tenant Commercial C-2, Thoroughfare Commercial
Strip Development
Request:The request is to rezone the property from C-2, Thoroughfare Commercial, to CS,
Community Services. The applicant has not shared specific development plans other than to
say that approval of this request will allow for a logical and coherent development in association
with the property to the east that is currently zoned CS.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The property has frontage on North Frontage Road, a fully-improved Residential
Link with asphalt paving, curb and gutter, greenspace, and sidewalk along the
length of the property's frontage. Any street improvements required in these areas
Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 1 of 14
would be determined at the time of development proposal.
Water: Public water is available to the subject area. An existing 8-inch water main is
present along North Frontage Road.
Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch sanitary sewer
main is present along North Frontage Road.
Drainage: The property is not within the Hilltop-Hillside Overlay District, a FEMA-designated
floodplain, or streamside protection zone, and hydric soils are not present. Any
additional improvements or requirements for drainage will be determined at time
of development.
Fire: The property is protected by Station 4, located at 3385 North Plainview, which is
approximately 1.4 miles away with an anticipated drive time of approximately 5
minute using existing streets. The anticipated response time would be
approximately 7.2 minutes. Fire Department response time is calculated based
on the drive time plus 1 minute for dispatch and 1.2 minutes for turn-out time.
Within the City Limits, the Fayetteville Fire Department has a response time goal
of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns within the City,
as well as the tallest and greatest variety of buildings. These areas accommodate rowhouses,
apartments, local and regional retail, including large-scale stores, hotels, clean technology
industry, and entertainment uses. These areas are typified by their location adjacent to major
thoroughfares with high visibility. Although Urban Center Areas recognize the conventional big
box and strip retail centers existing along major arterials, it is expected that vacant properties will
be developed into traditional mixed-use centers.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for the
subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of
11. The following elements of the matrix contribute to the score:
• Appropriate Future Land Use Map (Urban Center Area/71B Corridor)
• Near a Grocery Store (Natural Grocers)
• Near ORT Bus Stop (Route 10 & 30)
• Near Razorback Transit Bus Stop (Bus 20)
• Near Trail (Mud Creek/Lake Fayetteville)
• Near Park (Veterans Park/Lake Fayetteville)
• Near Water Main (Frontage Road)
• Near Sewer Main (Frontage Road)
• Note: The property is within the matrix's prescribed distance from Hass Hall, but this is not
classified as a public school.
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 2 of 14
•
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 the
surrounding mixture of commercial, office, and multi-family land uses to the
north,south, and west.An amendment to the zoning map to CS zoning would
allow for residential density and potential for commercial and mixed-uses in
this transitional area between purely commercial and residential property.
Land Use Plan Analysis: Staff finds the proposed rezoning is consistent
with many of the goals and tenets of City Plan 2040 and the Future Land
Use Map designation of Urban Center Area. Primary tenets of City Plan
2040 include encouraging appropriate infill, promoting transportation
opportunities, and building complete neighborhoods. Approval of the CS
zoning district at this location addresses each of these through permitting
a broad array of residential and nonresidential uses in an area with access
to transit, trails, sidewalks, and public services. By creating the potential
for housing in addition to services in a major node of Fayetteville, existing
and prospective residents can live, work, and recreate with limited vehicle-
dependence. Additionally, and as a compliment to other City goals, the
proposed zoning can reduce the pressure for peripheral, sprawl
development that stretches municipal infrastructure liabilities while
increasing vehicle miles travelled.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff agrees with the applicant's assertion that the requested rezoning is
necessary to develop the subject property in conjunction with the
undeveloped land to the east. The conflicting patterns of the two zoning
districts may result in development that is disjointed and not complimentary
to the streetscape or area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has direct access to Frontage Road, a Residential Link. Despite the
proposed CS zoning district allowing residential uses where the existing C-
2 zoning does not, the mixed-use allowances of the CS district and the
proximity of the property to many nonresidential services will facilitate
reduced need for vehicle trips. Additionally, Frontage Road is a fully-
improved public street with adequate vehicle and pedestrian facilities.
Regarding traffic danger, three traffic accidents were logged on Frontage
Road between 2015 and 2017, with only one immediately adjacent to the
subject property, suggesting that a hazard does not currently exists.
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.
G.\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 3 of 14
Finding: Rezoning the property to CS may lead to an increased density over the
current C-2. However, there are adequate water and sanitary sewer services
to support development.Additionally, neither the Police or Fire Departments,
nor the Fayetteville Public School District expressed concerns with the
rezoning.
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 20-7074 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 11, 2020 O Tabled I Forwarded O Denied
Motion:Belden
Second:Hoffman
Vote:9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
c §161.22—CS, Commercial Services
o §161.23— C-2, Thoroughfare Commercial
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 4 of 14
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 Three(3)and four(4)family dwellings
10
Unit Eating places
13
Unit Neighborhood Shopping goods
15
Unit Gasoline service stations and drive-in/drive
18 through restaurants
Unit Home occupations
24
Unit Offices, studios and related services
25
Unit Multi-family dwellings
26
Unit Sidewalk Cafes
40
Unit Accessory dwellings
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 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
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 5of14
•
Unit 19 Commercial recreation, small sites
Unit 28 Center for collecting recyclable materials
Unit 34 Liquor stores
Unit 35 Outdoor music establishments
Unit 36 Wireless communication facilities"
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; Ord. No. 6223 , §1, 9-3-19)
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 6 of 14
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. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build-to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit Eating places
13
Unit Hotel, motel, and amusement facilities
14
Unit Shopping goods
16 pp 9
Unit Transportation trades and services
17
Unit Gasoline service stations and drive-in/drive
18 through restaurants
Unit Commercial recreation, small sites
19
Unit Commercial recreation, large sites
20
Unit Offices, studios, and related services
25
Unit Adult live entertainment club or bar
33
Unit
34 Liquor store
Unit Sidewalk Cafes
40
Unit Cluster Housing Development
44
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
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11.2020
Agenda Item 5
20-7074 Lindsey
Page 7 of 14
•
Unit 36 Wireless communications facilities
Unit 38 Mini-storage units
Unit 42 Clean technologies
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
Urban Form 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 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.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50%of the lot width.
(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; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223 , §1, 9-3-19; Ord. No. 6245, §2. 10-15-2019)
G:\ETC\Development Services Review\2020\Development Services\20-7074 RZN
South of 4210 N. Frontage Rd. (Lindsey) 135\03 PC\05-11-2020 Planning Commission
May 11,2020
Agenda Item 5
20-7074 Lindsey
Page 8 of 14
300 North College,Suite 317
Crafton lull Fayetteville,AR 72701
479.455.2207
® architecture I engineering I surveying craftontull.com
20-7074
March 27, 2020 Request
Letter
City of Fayetteville
Planning Department
125 West Mountain St.
Fayetteville,AR 72701
Re: Links at Fayetteville Rezoning Request
Dear Planning Staff,
On behalf of our client, Links at Fayetteville a Limited Partnership, please consider this correspondence
as an official request to rezone Parcel 765-20260-001, approximately 0.7 acres east of, and adjacent to
Frontage Road, north of East Shepherd Lane from C-2 to CS.
This parcel is immediately adjacent to a 6.4 acre parcel owned by a separate Limited Partnership, but
ultimately the same family. The adjacent 6.4 acres is currently zoned CS. This requested action would
"clean up"the zoning map and ultimately create one area of 7.1 acres all zoned CS.
If approved, this action will not unreasonably adversely affect or conflict with surrounding land uses.
We appreciate your favorable recommendation.
Sincerely,
Thomas A. Hennelly, P
Vice President
Crafton Tull
Planning Commission
www.craftontull.com
Exhibit A
R-t
AREAS OF REQUESTED REZONING.
_ CURRENTLY ZONED C-2
REQUESTED ZONING:CS
CS
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RZN20-7074 LINDSEY
One Mile View
NORTH
0 ' 025 11 IIIal
pro PP 0
ge r 1 \ I
0 5 Miles
co
z — — —
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ro
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Legend , .
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ME 1,2 = •
COMMERCIAL
a a 5.55--1 xcaace in NST
MI a x...i
I Planning Area
FORM BASED DISTRICTS._.--• x
-
i 1 Fayetteville City Limits .
RE,•7
- - Shared Use Paved Trail .
RESIDENTIAL MULTI-FAMILY
, MN
PLANNED ZONING DISTRICTS
Trail(Proposed)
Mi15155F 25
- Planning Area '----.'- ,__: INSTITUTIONAL
. =PAPP, MI
t...... .5 Design Overlay District
rj USTRIAL
Fayetteville City Limits IND Planning C. mission
-• 11,2020
Agenda Item 5
20-7074 Lindsey
Page 11 of 14
RZN20-7074 LINDSEY
Close Up View
w IRD ZION RD
I
0 0 0 �l
h
2 r r U.1 =�J
Sy m 13 VI VI m
�m I Iz-
<0
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Subject Property
® BUICK-DR—
A_ ,
4<, �-Z Proposed CS DODGE DR—
o0 P—SHEPHERD LN
re
G RBI f-24
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RPZD SHH \
(--FRO EORGETOWNE p
SQUARE DR (
73
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O40
..:_:_,......_ 4-__ _. s.,.4,,
timasatimil
I
GOJ -rJOYCE BLVD �-STEARNS ST-1 N 0 RT H
Legend Zoning Acres
Shared Use Paved Trail CS 0.8
Trail(Proposed)
_ Design Overlay District Feet
iiiiiin
L _ _,Planning Area
Fayetteville City Limits 0 112.5 225 450 675 900
Building Footprint 1 inch = 300 feet Total 0.8
Planning Conmission
rol,r 11,2020
Agenda Item 5
20-7074 Lindsey
Page 12 of 14
RZN2O-7074 LINDSEY
Current Land Use � N 0 RT H
r \ —T r l ♦�{ , i r--+ ---.- i.
r i LjJ1 4Y _.. n x ! '_N" Y y'
....
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i:.. r1ryi . Cam' ,' 4` -j t`
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� 9 �� -ZION RD - — ` _ _ vial , ` 1
- \ ‘• '0 i 0 i• • lit. &ea-- •I•U Mb
. \ --\A \ -1, k-- 05 --4 .1: .4ellr, Fir * .. ' ' . . _1 * -
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. I "`-''- ' V r 1 Industrial -1 1,-.-.
r e Commercial -
't, it ,.! t !'! - , " , 1 4 . -, - , ;.
%. e 11 , %NTAGE `'' Subject Property
7N N, . 1
i d .� '. 1� Undeveloped _
• �, - I 3 Commercial ,•1 ti �;
v r l 1 r'+ +' ' r 'is
�� J DODGE DR
.,c, P SHEPHERD LN
. ,,
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zir
t r R / Multi-Family Residential � � yQ ,
~ . SHEPHERD LN -- <r•'
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SQUARE DR • 1 1 -_
r-t -,s , cz- . .. . -, ,N, .., ,% t- :::. ,4....'.4i
lit' : 'CI 'e.,:' TIPP'f"lt/1- '`‘'•-41r0' " „ - ./4 z, • ,- . 4 ... .4440
• ,IJ l' 9 a 1. ,A ,V1. xiAla �T'
" Ir
t I
ft*.t .:,. '� ., x FORD D R *,�
FEMA Flood Hazard Data
■ 100-Year Floodplain
Shared Use Paved Trail Feet Floodway
Trail (Proposed) IIIIIIIIMINE
0 112.5 225 450 675 900
_ _ _; Planning Area
Fayetteville City1 inch = 300 feet
,_ _ _. Y Limits
Planning Conmission
Mar 11.2020
Agenda Item 5
20-7074 Lindsey
Page 13 of 14
RZN20-7074 LI N DS EYA
Future Land Use
NORTH
Civic and
l,A s Private
0 Open Spac;
ti PUBLIC
0 m 1347
rn, —ii 1 .
n
m
�O� it
!il
7 9`;<c.G, . �..ZION RD—_.-+....lm•it(
4000
w Q 2
ZA 0 CO p g. Q G11J
c)z
D
m . R
1:::,
141
rn
D f
�, < Subject Property ' L
or
m �Z
O �,q GE R0 vc
o
O
BUICK
y ( rDR
. �. (DODGE city
SHEPHERD LN ` DR Nei-:hborhoo•)
CT,
,.... O O
17 SHEPHERD LNG O o��
re w,w J
n • 2�
GEORGETOWNE SQUARE.DR 7tl v w
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ir
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= C9
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0
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G ORD DR
- - -"_.N..v A-• JOYCEt.
--__
ICI
• Q BLVD -
° op STEARNS ST
PUBLIC 39 ��5
3887 FAO
•
Legend
L - - Planning Area
i - _1 Fayetteville City Limits
Shared Use Paved Trail Feet Legend
iimim
- - Trail(Proposed) 0 180 360 720 1,080 1,440
_: Design Overlay District
1 inch = 500 feet
Building Footprint
Planning Co mission
• • 11,2020
Agenda Item 5
20-7074 Lindsey
Page 14 of 14
NoRTHwEsTARKAwms
Demo= fiZCtte
P.C. 30X T07, FAYETTEIiALE, AR, 72/C2.479-412 I00 - FAX 479.69 -118 • 'Wv'dl' NINADG.COtf
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6321
Was inserted in the Regular Edition on:
June 14, 2020
Publication Charges: $76.00
K1Qk_ s„;;k
Brittany Smith
Subscribed and sworn to before me
This / % day of9oe , 2020.
CATHERINE STAGGS
MY CUMMISSIUN # 12402772
EXPIRES: February 28, 2025
Notary Public
"� fr 4h'ashington County
My Commission Expires: ,qLM,70Z5
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance:6321
File Number: 2020-0406
RZN 20-7074 (4210 N. FRONTAGE
RD./LINDSEY):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7074
FOR APPROXIMATELY 0.81 ACRES
LOCATED SOUTH OF 4210 NORTH
FRONTAGE ROAD FROM C-2,
THOROUGHFARE COMMERCIAL
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 C-2,
Thoroughfare Commercial 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 6/4/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75283293 June 14,2020