HomeMy WebLinkAboutOrdinance 6336113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6336
File Number: 2020-0532
IIIII IIIIIIIIIIIIIIIIIIIIIIII i IIIIIiIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII►
Doc ID: 019351610005 Type: REL
Kind: ORDINANCE
Recorded: 08/03/2020 at 01:24:49 PM
Fee Amt: $35.00 Pape 1 of 5
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File202O-00026459
RZN 20-7124 (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-7124 FOR APPROXIMATELY 1.84 ACRES LOCATED SOUTHEAST OF 15TH
STREET AND MORNINGSIDE DRIVE TO REZONE A PORTION OF THE PROPERTY
FROM C-1, NEIGHBORHOOD COMMERCIAL 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 C-1, Neighborhood Commercial 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 7/21/2020
,4.— �1
Jordan,
Page 1
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RZN20-7124 NWA LD, LLC EXHIBIT 'A'
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Trail (Proposed)
Planning Area
Fayetteville City Limits
Building Footprint
RSF-a
1011 -2 t
15TH ST
Proposed (-i Pr" oposed
NS-G `NS-G
Subject Property
Feet
0 112.5 225 450 675
1 inch = 300 feet
P-1
NORTH
Zoning Acres
NS-G 1.6
Total 1.6
EXHIBIT 'B'
20-7124
PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE S87'15'39"E 846.88 FEET;
THENCE 502'44'21"W 244.60 FEET TO THE POINT OF BEGINNING;
THENCE 587'03'55"E 481.87 FEET;
THENCE S26°36'30"E 91.71 FEET;
THENCE 21.99 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 12.00 FEET AND A LONG
CHORD OF S25°53'42"W 19.04 FEET;
THENCE 17.25 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 68.00 FEET AND A LONG
CHORD OF S85°40'00"W 17.21 FEET;
THENCE N87°03'55"W 502.59 FEET;
THENCE NO2'56'05"E 99.50 FEET TO THE POINT OF BEGINNING, CONTAINING 1.16 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE 587'15'39"E 1365.83 FEET;
THENCE S02*44'21"W 222.43 FEET TO THE POINT OF BEGINNING;
THENCE N63*23'30"E 99.50 FEET;
THENCE S26'36'30"E 212.00 FEET;
THENCE S63°23'30"W 99.50 FEET;
THENCE N26'36'30"W 212.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.48 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
RZN20-7124 NWA LD, LLC
Close Up View
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Trail (Proposed)
! ' Planning Area
! ' Fayetteville City Limits
Building Footprint
Subject Property
Feet
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1 inch = 300 feet
RSU-J
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EXHIBIT 'C'
20-7124
P_1 NORTH
Zoning Acres
NS-G 2.72
Total 2.72
EXHIBIT 'D'
RZN 20-7124
PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE 587*15'39"E 846.88 FEET;
THENCE 502'44'21"W 244.60 FEET TO THE POINT OF BEGINNING;
THENCE S87°03'55"E 481.87 FEET;
THENCE N60°01'36"E 44.08 FEET;
THENCE N63023'30"E 99.50 FEET;
THENCE S26°36'30"E 288.39 FEET;
THENCE N84°37'57"W 748.31 FEET;
THENCE NO2'56'05"E 146.13 FEET TO THE POINT OF BEGINNING, CONTAINING 2.72 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
OUO3/2020 01:24:49 PM
ar,d recorded in Real Estate
Five Numbe 2020-00026459
Kyle Sylves er - Circuit Clerk
by �.y _
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
� (479) 575-8323
Text File
File Number: 2020-0532
Agenda Date: 7/21/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 8
RZN 20-7124 (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7124 FOR APPROXIMATELY 1.84 ACRES LOCATED SOUTHEAST OF 15TH STREET AND
MORNINGSIDE DRIVE TO REZONE A PORTION OF THE PROPERTY FROM C-1,
NEIGHBORHOOD COMMERCIAL 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 C-1, Neighborhood Commercial 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 712212020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0532
Legistar File ID
7/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/2/2020
Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD, LLC., 603): Submitted by CRAFTON TULL &
ASSOCIATES, INC. for property located SE OF 15TH ST & MORNINGSIDE DR. The property is zoned RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE & C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.84 acres. The
request is to rezone the C-1 portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Does item have a cost? No
Budget Adjustment Attached? NA
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 21, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
DATE: July 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD,
LLC., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for property
located SE OF 15TH ST & MORNINGSIDE DR. The property is zoned RSF-8,
RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE & C-1, NEIGHBORHOOD
COMMERCIAL and contains approximately 1.84 acres. The request is to rezone
the C-1 portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL.
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 is part of an undeveloped parcel located south of E. 15th Street (also known
as Highway 16) in south Fayetteville. The properties are part of the Creekside Meadows
subdivision whose preliminary plat was approved by Planning Commission in November 2019.
Following Planning Commission, an adjusted legal description was submitted to align with the
boundaries of the pre-existing C-1 zoning, for an adjusted total of 2.72 acres. The potential
amendment can be found in the attached Exhibits 'B' and 'C'.
Request: The request is to rezone the property from C-1, Neighborhood Commercial to
Neighborhood Services -General (NS-G). The applicant did not submit any specific development
details along with this application.
Land Use Compatibility: The properties in question are part of the Creekside Meadows
subdivision whose preliminary plat was approved by Planning Commission in November 2019.
Though currently undeveloped, the properties are surrounded by RSF-8 zoning to the south and
C-1 zoning to the north, and 1-1 to the east. NS-G would be a compatible zoning district to allow
for light, walkable, neighborhood -friendly commercial to serve the incoming residential
neighborhood that the lots are part of. The uses associated with the NS-G zoning district would
act as a transition between the higher intensity uses permitted along E 15th Street and the
residential properties to the south and would be more compatible than the use schedule
associated with C-1. The current zoning district of C-1 allows for uses such as gas stations and
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
drive-thru restaurants which would no longer be compatible once the subdivision is complete and
the surrounding area is residential in nature. Additionally, a shorter building height at 3 stories in
NS-G as opposed to 5 stories in C-1 would keep the scale of the buildings at a compatible height
with relationship to the neighborhood than the current zoning district.
Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan
2040, adopted land use policies, and the future land use designation for this location. This area
is designated as a City Neighborhood Area, which allows for mixed -density residential and
commercial uses with a residential component. While the property with frontage along E. 15th
Street will remain commercially zoned at a higher intensity, a rezone to NS-G to these two lots in
question will bring complimentary, transitional uses closer to the neighborhood with frontage
within the development itself. This zoning district will also buffer the neighborhood from some of
the higher intensity uses permitted in C-1, such as gas stations and drive-thru restaurants.
Allowing NS-G in this area will better align with the stated goals of a City Neighborhood Area and
with the Goal 3 of City Plan 2040 which states that we will make compact, complete, and
connected development the standard.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for the area
in question. The following elements of the matrix contribute to the score:
• Appropriate Land Use
• Near ORT Bus Stop (Route 20)
• Near Park (Walker Park, White River Park)
• Near Sewer Main (30" HDPE)
• Near Paved Trail (On -street bike facility E 15th Street)
• 4 Minute Fire Department Response time (Fire Station #3, 1050 S. Happy Hollow)
DISCUSSION:
On June 22, 2020, the Planning Commission forwarded the rezoning request to the City Council
with a recommendation of approval by a vote of 7-0-0. Commissioner Brown made the motion to
approve, with a second from Commissioner Belden. Commissioners were in favor of and
supportive of the developer's request for the zoning district to serve as a transition between the
pending residential neighborhood and the C-1 commercial zone to the north. No public comment
was made at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A — Original Request Map
• Exhibit B — Original Request Legal Description
• Exhibit C — Potential Amendment Map
• Exhibit D — Potential Amendment Legal Description
• Planning Commission Staff Report
f
RZN20-7124 NWA LD, LLC
Close Up View
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Trail (Proposed)
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L IL-1
Fayetteville City Limits
Building Footprint
U111-a
RMF
15TH ST
Proposed ( I Pr' oposed
NS-G \OSG
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Subject Property
Feet
0 112.5 225 450 675
1 inch = 300 feet
P-1
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EXHIBIT 'A'
20-7124
A&
NORTH
Zoning Acres
NS-G 1.6
Total 1.6
EXHIBIT 'B'
20-7124
PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE S87'15'39"E 846.88 FEET;
THENCE S02'44'21"W 244.60 FEET TO THE POINT OF BEGINNING;
THENCE S87'03'55"E 481.87 FEET;
THENCE S26'36'30"E 91.71 FEET;
THENCE 21.99 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 12.00 FEET AND A LONG
CHORD OF S25053'42"W 19.04 FEET;
THENCE 17.25 FEET ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 68.00 FEET AND A LONG
CHORD OF S85040'00"W 17.21 FEET;
THENCE N87°03'55"W 502.59 FEET;
THENCE NO2`56'05"E 99.50 FEET TO THE POINT OF BEGINNING, CONTAINING 1.16 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
PART OF THE NE 1/4 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE S87'15'39"E 1365.83 FEET;
THENCE S02*44'21"W 222.43 FEET TO THE POINT OF BEGINNING;
THENCE N63'23'30"E 99.50 FEET;
THENCE S26°36'30"E 212.00 FEET;
THENCE S63°23'30"W 99.50 FEET;
THENCE N26*36'30"W 212.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.48 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
RZN20-7124 NWA LD, LLC EXHIBIT 'C'
Close Up View 20-7124
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Zoning Acres
Legend NS-G 2.72
Trail (Proposed)
' Planning Area Feet
Fayetteville City Limits 0 112.5 225 450 675 900
Building Footprint 1 inch = 300 feet Total 2.72
EXHIBIT 'D'
RZN 20-7124
PART OF THE N 1/2 OF THE SE 1/4 OF SECTION 22, TOWNSHIP 16 NORTH RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NW 1/4 OF THE SE 1/4 OF SAID SECTION
22;
THENCE 587'15'39"E 846.88 FEET;
THENCE 502*44'21"W 244.60 FEET TO THE POINT OF BEGINNING;
THENCE S87'03'55"E 481.87 FEET;
THENCE N60`01'36"E 44.08 FEET;
THENCE N63'23'30"E 99.50 FEET;
THENCE 526*36'30"E 288.39 FEET;
THENCE N84°37'57"W 748.31 FEET;
THENCE NO2°56'05"E 146.13 FEET TO THE POINT OF BEGINNING, CONTAINING 2.72 ACRES,
MORE OR LESS AND SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR FACT.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: June 22, 2020 Updated with results from 6/22/2020 PC Meeting
SUBJECT: RZN 20-7124: Rezone (SE OF 15TH ST. & MORNINGSIDE DR./NWA LD,
LLC., 603): Submitted by CRAFTON TULL & ASSOCIATES, INC. for
property located SE OF 15TH ST & MORNINGSIDE DR. The property is
zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE & C-
1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.84
acres. The request is to rezone the C-1 portion to NS-G, NEIGHBORHOOD
SERVICES -GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN 20-7124 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 20-7124 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is part of an undeveloped parcel located south of E. 15In Street (also known
as Highway 16) in south Fayetteville. The properties in question are part of the Creekside
Meadows subdivision whose preliminary plat was approved by Planning Commission in
November 2019. There are two lots currently under review with this request and the total acreage
is 1.84 acres. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped/
C-1, Neighborhood Commercial
A riculturaI
Undeveloped/
South
Planned
RSF-8, Residential Single -Family, 8 Units per acre
Residential
East
Undeveloped
1-1, Heavy Commercial and Light Industrial
Undeveloped/
West
Planned
RSF-8, Residential Single -Family, 8 Units per acre
Residential
Request: The request is to rezone the property from C-1, Neighborhood Commercial to
Neighborhood Services -General (NS-G). The applicant did not submit any specific development
details along with this application.
Public Comment: Staff has received no public comment.
Planning Commission
June 22.2020
Agenda Item 7
20-7124 NWA LD, LLC
Page 1 of 15
INFRASTRUCTURE:
Streets: The subject area has no existing street frontage. As part of the Creekside
Meadows subdivision, fully improved Residential Links with asphalt paving and
curb and gutter are proposed to be constructed, with sidewalk for Lots 36 & 37 to
be constructed with development. Any street improvements or additional
improvements or requirements for drainage required in these areas would be
determined at the time of development proposal.
Water: Public water is not available to the subject area. 8-inch watermains are proposed
to be constructed with the Creekside Meadows subdivision that would provide
water access.
Sewer: Sanitary Sewer is not available to the subject area. 8-inch sanitary sewer mains
are proposed to be constructed with the Creekside Meadows subdivision that
would provide sanitary sewer access.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Hydric soils appear to be present within the entire subject
area. No portion of the property is within the Hillside -Hilltop Overlay District, FEMA
floodplain, nor is there a protected stream present in the subject area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3 located at 1050 S. Happy Hollow, protects this site. The property is
located approximately 0.9 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 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 City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for the area
in question, with a weighted score of 7. The following elements of the matrix contribute to the
score:
G \ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22. 2020
Agenda Item 7
20-7124 NWA LID, LLC
Page 2 of 15
• Appropriate Land Use
• Near ORT Bus Stop (Route 20)
• Near Park (Walker Park, White River Park)
• Near Sewer Main (30" HDPE)
• Near Paved Trail (On -street bike facility E 151h Street)
• 4 Minute Fire Department Response time (Fire Station #3, 1050 S. Happy Hollow)
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 properties in question are part of the Creekside
Meadows subdivision whose preliminary plat was approved by Planning
Commission in November 2019. Though currently undeveloped, the
properties are surrounded by RSF-8 zoning to the south and C-1 zoning to
the north, and 1-1 to the east. NS-G would be a compatible zoning district to
allow for light, walkable, neighborhood -friendly commercial to serve the
incoming residential neighborhood that the lots are part of. The uses
associated with the NS-G zoning district would act as a transition between
the higher intensity uses permitted along E 15t' Street and the residential
properties to the south and would be more compatible than the use schedule
associated with C-1. The current zoning district of C-1 allows for uses such
as gas stations and drive-thru restaurants which would no longer be
compatible once the subdivision is complete and the surrounding area is
residential in nature. Additionally, a shorter building height at 3 stories in
NS-G as opposed to 5 stories in C-1 would keep the scale of the buildings at
a compatible height with relationship to the neighborhood than the current
zoning district.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This area is designated as a City
Neighborhood Area, which allows for mixed -density residential and
commercial uses with a residential component. While the property with
frontage along E. 15t' Street will remain commercially zoned at a higher
intensity, a rezone to NS-G to these two lots in question will bring
complimentary, transitional uses closer to the neighborhood with frontage
within the development itself. This zoning district will also buffer the
neighborhood from some of the higher intensity uses permitted in C-1,
such as gas stations and drive-thru restaurants. Allowing NS-G in this area
will better align with the stated goals of a City Neighborhood Area and with
the Goal 3 of City Plan 2040 which states that we will make compact,
complete, and connected development the standard.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr
(NWA LD, LLC) 603\03 PC Planning Commission
June 22.2020
Agenda Item 7
20-7124 NWA LD, LLC
Page 3 of 15
Finding: Staff finds this proposed zoning request to be justified at this time, and
agrees with the applicant's assertion that NS-G zoning would allow for a
better transition between the residential uses and the commercial uses along
Highway 16 (or E. 15th Street), while still allowing for some compatible
commercial activity.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from C-1 to NS-G in this instance would likely not
appreciably increase the traffic danger or congestion that will already be
increasing with the incoming subdivision. All needed street improvements
for the subdivision came through at the time of preliminary plat and this does
not substantially change what was originally proposed.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from C-1 to NS-G has the potential to increase the
population density since NS-G allows for residential uses not permitted
under C-1, but considering the infrastructure improvements that are
accompanying the Creekside Meadows subdivision staff does not believe
the population density that might accompany this rezone will be appreciable
or undesirably increase the load on public services. Sewer and water are
already being extended to the area with the associated subdivision, and this
area is within a 4.2 minute response time for the fire department.
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
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22. 2020
Agenda Item 7
20-7124 NWA LID, LLC
Page 4 of 15
RECOMMENDATION: Planning staff recommends forwarding RZN 20-7124 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: June 22, 2020 O Tabled f 1 Forwarded O Denied
Motion: Brown
Second: Belden
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.21 - District C-1, Neighborhood Commercial
o §161.19 - NS-G, Neighborhood Services- General
• Request letter
• Applicant -supplied Creekside Meadows site plan
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC
a
Planning Commission
June 22.2020
Agenda Item 7
20-7124 NWA LD. LLC
Page 5 of 15
161.21 - District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods
and personal services for persons living in the surrounding residential areas. 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 5 Government Facilities
Unit 13 Eating places
Unit 15 Neighborhood shopping
Unit 18 Gasoline service stations and drive-in/drive through restaurants
Unit 25 Offices. studios. and related services
Unit 40 Sidewalk Cafes
Unit 44 Cluster Housing Development
Unit 45 Small scale production
(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 16
Shopping goods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments*
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and
50 feet
the building
Side
None
Side, when contiguous to a
10 feet
residential district
Rear
20 feet
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22. 2020
Agenda Item 7
20-7124 NWA LD, LLC
Page 6 of 15
Urban Form Setback Regulations:
A build -to zone that is located
Front 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-family residential 15 feet
district
(F) Building Height Regulations.
Building Height Maximum 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories
shall have an additional setback from any boundary line of an adjacent 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 40% 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(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035;
Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99: 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. 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, 4, 5, 4-
2-19; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19)
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22.2020
Agenda Item 7
20-7124 NWA LD, LLC
Page 7 of 15
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 40
Sidewalk cafes
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 45
Small scale production
(C) Density. Eighteen (18) or less per acre.
G:\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22. 2020
Agenda Item 7
20-7124 NWA LID, LLC
Page 8 of 15
(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
Two (2) family or 3,000 square feet per
more dwelling unit
All other uses None
(E) Setback regulations.
Rear when
Front Side Side -Zero Lot Line' Rear contiguous to a
single-family
residential district
A build -to zone
that is located
between the front
property line and 5 feet
a line 25 feet
from the front
property line.
A setback of less than 5
feet (zero lot line) is
permitted on one interior
side, provided a None
maintenance agreement
is filed". The remaining
side 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.
15 feet
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17, Ord. No. 6223 , §1, 9-3-19)
&\ETC\Development Services Review\2020\Development Services\20-7124 RZN SE of 15th St. & Morningside Dr.
(NWA LD, LLC) 603\03 PC Planning Commission
June 22. 2020
Agenda Item 7
20-7124 NWA LID, LLC
Page 9 of 15
Crafton Tull
May 12, 2020
City of Fayetteville
Planning Staff
125 W. Mountain Street
Fayetteville, AR 72701
RE: Creekside Meadows Rezone
CTA Job No. 19103501
To whom it may concern,
901 N 47th Street, Suite 200
Rogers, AR 72756
479.636.4838 (ph)
479,631.6224 f lax )
This submittal is for the rezoning of approximately 1.16 acres and 0.48 acres within the proposed
Creekside Meadows Subdivision, southeast of Highway 16 and Morningside Drive. The request
is to rezone from C-1 to NS-G.
The properties are a part of a larger C-1 zoning area along Highway 16 and the area to the south
is zoned RSF-8. NS-G allows a mix of uses between residential and commercial. Rezoning the
two areas in question to NS-G will provide a better ability to transition between the single family
development and the commercial area adjacent to the highway.
Should you have any questions, or require any additional information, please contact us at your
convenience.
Sincerely,
Taylo indley, P.E.
Proj ct Manager
Planning Commission
Page 10 of Is
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Agenda Item 7
20-7124 NWA LID, LLC
Page 12 of 15
RZN20-7124
Close Up View
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Legend
Trail (Proposed)
Planning Area
Fayetteville City Limits
Building Footprint
NWA LD, LLC
0 112.5 225
15TH ST
Proposed
NS-G
Subject Property
A&
NORTH
Zoning Acres
NS-G 1.6
Feet
450 675 900
1 inch = 300 feet I Total 1.6
Planning Co mission
—IW22.
Agenda Item 7
20-7124 NWA LD, LLC
Page 13 of 15
Agenda Item 7
20-7124 NWA LID, LLC
Page 14 of 15
RZN20-7124 NWA LD, LLC _
Future Land Use NORTH
0
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
Civic
Institutional
TAIV11
IL.
Feet
0 145 290 580 870 1.160
1 inch = 400 feet
G
F
Industrial
Civic and
Private
Open Space
City Neighborhood
Civic Institutional
WlI Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Planning Co mission
22.2020
Agenda Item 7
20-7124 NWA LD, LLC
Page 15 of 15
Demomt (fmzette
P.C. BOY IEC7, TAYETTEVILLE. AR, 727C2. 479.442-1700 • FAX: 479-695-IES • cb'WW.NWADC.COM
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 6336
Was inserted in the Regular Edition on:
July 26, 2020
Publication Charges: $85.12
'ni*s-
Brittany Smith
Subscribed and syvom to before me
This 2llday of , 020.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
opt,"pis
� ry 2 2pry5
08 ��S• Fgeo�Go��N
ExP�Faae�`��
Ordinance: 6336
File Number: 2020-0532
RZN 20-7124 (SE OF 15TH ST. &
MORNINGSIDE DRJNWA LD, LLC.):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7124
FOR APPROXIMATELY 1.84 ACRES
LOCATED SOUTHEAST OF 15TH
STREET AND MORNINGSIDE
DRIVE TO REZONE A PORTION OF
THE PROPERTY FROM C-1,
NEIGHBORHOOD COMMERCIAL
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 C-1,
Neighborhood Commercial 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 I.
PASSED and APPROVED on
7/21 /2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75298975 7/26/20