HomeMy WebLinkAboutOrdinance 6369__ I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII II (III
Doc ID: 019543300003 Type: REL
Kind: ORDINANCE
Recorded: 11/10/2020 at 10:33:58 AM
Fee Amt: $25.00 Pape 1 of 3
Washinqton County, AR
Kyle Svlvester Circuit Clerk
File
2020-00041240
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323 ARCHIVED
Ordinance: 6369
File Number: 2020-0819
RZN 2020-008 (1038 S. HOLLYWOOD AVE./PHILLIPS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-008 LOCATED AT 1038 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY
0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units
Per Acre 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 10/20/2020
Page 1
Attest:
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Building Footprint
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0 112.5 225 450 675
1 inch = 300 feet
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EXHIBIT 'A'
RZN-2020-000008
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EXHIBIT `B'
ADM-2020-000006
Legal Descriptions
Parcel #765-12171-000
PT BLOCK 7 (70 X 156) FURTHER DESCRIBED FROM 2019-30669 AS: Part of Block 7 in the Re -
Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat
thereof, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, more particularly described as follows, to -wit: Beginning at the Southwest corner of Block
7, and running thence South 88°53' East 156 feet to the East line of said Block 7; thence North along
the East line of Block 7, 150 feet; thence North 88°53' West 156 feet to the West line of Block 7,
thence South along the West line of Biock 7, 150 feet to the Point of Beginning. LESS AND
EXCEPT: Part of Block 7 of there -plat of Westwood Addition to the City of Fayetteville, Arkansas, as
shown in the land records of Washington County, Arkansas. being more particularly described as
follows: beginning at the Southwest corner of said Block 7, said point being an existing magnetic nail
in Hollywood Avenue; thence North 00°38'13" East 80.18 feet along the West line of said Block 7 to
a set 1/2" iron rebar; thence South 88'53'11" East 156.52 feet to a set 1/2" iron rebar; thence South
00°51'28" West 80.05 feet to an existing iron on the South line of said Block 7; thence North
88°56'07" West 156.21 feet to the point of beginning, containing 0.29 acres, more or less.
Parcel #765-12171-001
PT BLK 7 0.29AC FURTHER DESCRIBED FROM 2014-9794 AS: Part of Block Numbered Seven
(7) of the re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown in the land
records of Washington County, Arkansas, being more particularly described as follows: beginning at
the Southwest corner of said Block Seven (7), said point being an existing magnetic nail in
Hollywood Avenue; thence North 00 degrees 38 minutes 13 seconds East 80.18 feet along the West
line of said Block Seven (7) to a set 1/2" iron rebar; thence South 88 degrees 53 minutes 11 seconds
East 156.52 feet to a set 1/2" iron rebar; thence South 00 degrees 51 minutes 28 seconds West 80.05
feet to an existing iron on the South line of said Block Seven (7); thence North 88 degrees 56
minutes 07 seconds West 156.21 feet to the point of beginning, containing 0.29 acres, more or less
Washington County, AR
| certify this instrument was filed on
11/10/2020 10:33:58AyW
and recorded in Real Estate
File Number 2O2U'OOO4124O
Kyle Sylvester ' Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0819
Agenda Date: 10/20/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.3
RZN 2020-008 (1038 S. HOLLYWOOD AVE./PHILLIPS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-008 LOCATED AT 1038 SOUTH HOLLYWOOD AVENUE FOR APPROXIMATELY 0.58 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre 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 1012112020
City of Fayetteville Staff Review Form
2020-0819
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 10/2/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS, 559): Submitted by PAYNE PHILLIPS for properties
located at 1038 S. HOLLYWOOD AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contain 2 parcels with approximately 0.58 acres. The request is to rezone the properties to CS,
COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
No Item Cost
NA Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
_CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 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: October 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS, 559):
Submitted by PAYNE PHILLIPS for properties located at 1038 S. HOLLYWOOD
AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contain 2 parcels with approximately 0.58 acres. The request is
to rezone the properties 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 is located on S. Hollywood Avenue, south of W. Martin Luther King Jr.
Boulevard and approximately .25 miles east from 1-49. The property contains two parcels, 765-
12171-000 and 765-12171-001, one with a single-family dwelling, and the other is undeveloped,
for a total of 0.58 acres. The properties are zoned RSF-4, Residential Single -Family, 4 Units Per
Acre.
Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units
per Acre, to CS, Community Services. The applicant has not submitted an associated
development proposal.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility: The property in question is currently zoned RSF-4, Residential Single -
Family, 4 Units per Acre, and the request to CS, Community Services may at first brush seem out
of scale. However, staff finds the request to be compatible with surrounding land uses. Firstly, the
property is well -served by ample city -services, such as Fire Station #6 approximately 500 feet to
the north, as well as water and sewer currently located in S. Hollywood Avenue. To the east is
University of Arkansas -owned parking lot that is currently zoned CS. South of the property is
another 13.3 acres of CS -zoned property, that until recently was occupied by a former factory that
has been demolished. Southwest of the property is the newly developed Cottages at Hollywood,
a multi -family development that was approved by Planning Commission in 2018 and included an
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
extension of S. Hollywood Avenue to connect to 15th Street. Additionally, the Tsa-La-Gi Trail, a
paved trail that offers connections to the wider network of trails throughout the city of Fayetteville
currently borders the property to the south and east. Though there are existing single-family
homes and lots along S. Hollywood Avenue, staff finds these homes and vacant lots are all
currently owned by the same owner, signaling that redevelopment of these properties may be on
the horizon, therefore compatibility with existing setbacks, density, height and bulk and area
considerations make more sense for this property to align with CS zoning than with the current
zoning of RSF-4.
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 an Urban Center encourages high density, mixed -use structures to allow people
to live, work, and shop in the same area. Staff finds that this rezone request begins to close the
gap between commercial- and high density zoning in this area and brings the area into compliance
with City Plan 2040. Encouraging a form -based district in the area also allows for a higher scrutiny
of design standards than would typically be involved with a C-1 or C-2 zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site.
The following elements of the matrix contribute to the score:
• Near ORT Bus Stop
• Near Public School (Ramay Jr. High School)
• Near Razorback Bus Stop
• Near Sewer Main (S. Hollywood Avenue)
• Near Paved Trail (Tsa-La-Gi.Trail),
• Near U of A Campus
• Near Water Main (S. Hollywood Avenue)
• 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue)
DISCUSSION:
At the September 28, 2020 Planning Commission meeting, commissioners voted to forward the
subject item to City Council for approval with a unanimous vote of 7-0-0, with Commissioner
Hoffman making the motion and Commissioner Brown seconding. As well as agreeing with staffs
comments and recommendations, commissioners indicated that the request was appropriate
given its proximity to a Tier 2 center according to the City Plan 2040 Growth Concept Map. No
public comment was heard on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2020-000008 Phillips EXHIBIT 'A'
Close Up View RZN-2020-000008
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Legend
RSF-4
Planning Area RMF-12
I-1 Heavy Commercial and Light Industrial
L _ _ Fayetteville City Limits t I-2 General Industrial
Feet = C-2
Trail (Proposed) M Community Services
0 112.5 225 450 675 900 t• Commercial, Industrial, Residential
j _ J Design Overlay District P-1
Building Footprint 1 inch = 300 feet
EXHIBITS'
ADM-2020-000006
Legal Descriptions
Parcel #765-12171-000
PT BLOCK 7 (70 X 156) FURTHER DESCRIBED FROM 2019-30669 AS: Part of Block 7 in the Re -
Plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown upon the recorded plat
thereof, on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, more particularly described as follows, to -wit: Beginning at the Southwest corner of Block
7, and running thence South 88053' East 156 feet to the East line of said Block 7; thence North along
the East line of Block 7, 150 feet; thence North 88053' West 156 feet to the West line of Block 7;
thence South along the West line of Biock 7, 150 feet to the Point of Beginning. LESS AND
EXCEPT: Part of Block 7 of there -plat of Westwood Addition to the City of Fayetteville, Arkansas, as
shown in the land records of Washington County, Arkansas, being more particularly described as
follows: beginning at the Southwest corner of said Block 7, said point being an existing magnetic nail
in Hollywood Avenue; thence North 00°38'13" East 80.18 feet along the West line of said Block 7 to
a set 1/2" iron rebar; thence South 88-53'11" East 156.52 feet to a set 1/2" iron rebar; thence South
00051'28" West 80.05 feet to an existing iron on the South line of said Block 7; thence North
88056'07" West 156.21 feet to the point of beginning, containing 0.29 acres, more or less.
Parcel #765-12171-001
PT BLK 7 0.29AC FURTHER DESCRIBED FROM 2014-9794 AS: Part of Block Numbered Seven
(7) of the re -plat of Westwood Addition to the City of Fayetteville, Arkansas, as shown in the land
records of Washington County, Arkansas, being more particularly described as follows: beginning at
the Southwest corner of said Block Seven (7), said point being an existing magnetic nail in
Hollywood Avenue; thence North 00 degrees 38 minutes 13 seconds East 80.18 feet along the West
line of said Block Seven (7) to a set 1/2" iron rebar; thence South 88 degrees 53 minutes 11 seconds
East 156.52 feet to a set 1/2" iron rebar; thence South 00 degrees 51 minutes 28 seconds West 80.05
feet to an existing iron on the South line of said Block Seven (7); thence North 88 degrees 56
minutes 07 seconds West 156.21 feet to the point of beginning, containing 0.29 acres, more or less
QCITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
W40 ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: September 28, 2020 Updated with PC hearing results from 9/28/2020
SUBJECT: RZN 2020-000008: Rezone (1038 S. HOLLYWOOD AVE./PHILLIPS,
559): Submitted by PAYNE PHILLIPS for properties located at 1038 S.
HOLLYWOOD AVE. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with
approximately 0.58 acres. The request is to rezone the properties to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN 2020-000008 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN 2020-000008 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr.
Boulevard and approximately .25 miles east from 1-49. The property in question currently contains
two parcels, 765-12171-001 and 765-12171-000, for a total of 0.58 acres. Parcel 765-12171-000
currently has one single-family dwelling that was constructed in 1936 according to county records
and is addressed at 1038 S. Hollywood Avenue; parcel 765-12171-000 is currently undeveloped.
The properties are zoned RSF-4, Residential Single -Family, 4 Units Per Acre. Surrounding land
uses 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 -Family, 4 Units per Acre
South
Undeveloped
CS, Community Services
East
Undeveloped/ParkingUndeveloped/Parking Lot
CS, Community Services
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single Family, 4 Units
per Acre, to CS, Community Services. The applicant has not submitted an associated
development proposal.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Hollywood Avenue. S. Hollywood Avenue
is a partially improved Neighborhood Link street with asphalt paving with open
ditches, sidewalk along the property's frontage at 1038 S. Hollywood Avenue, and
shared -use paved trail on south and east sides of lot (Tsa-La-Gi Trail). Any
required street improvements or additional requirements for drainage will be
determined at time of development.
Water: Public water is available to the subject area. An existing 6-inch water main is
present along the east side of S. Hollywood Avenue.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present along the west side of S. Hollywood Avenue.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Hydric soils do not appear to be present on the site. No
portion of the property is within the Hillside -Hilltop Overlay District, nor within a
FEMA Floodplain. No protected stream is present in the 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.
The site will be protected by Station 6, located at 900 S. Hollywood Avenue. The
property is located approximately 0.1 miles from the fire station with an anticipated
drive time of approximately 1 minute using existing streets. The anticipated
response time would be approximately 3.2 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.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries 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, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site,
with a weighted score of 11 at the highest level. The following elements of the matrix contribute
to the score:
• Near ORT Bus Stop
• Near Public School (Ramay Jr. High School)
• Near Razorback Bus Stop
• Near Sewer Main (S. Hollywood Avenue)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near U of A Campus
• Near Water Main (S. Hollywood Avenue)
• 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue)
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 property in question is currently zoned RSF-4,
Residential Single -Family, 4 Units per Acre, and the request to CS,
Community Services may at first brush seem out of scale. However, staff
does find the request to be compatible with surrounding land uses. Firstly,
the property is well -served by ample city -services, such as Fire Station #6
approximately 600 feet to the north, as well as water and sewer currently
located in S. Hollywood Avenue. To the east is University of Arkansas -owned
parking lot that is currently zoned CS. South of the property is another 13.3
acres of CS -zoned property, that until recently was occupied by a former
factory that has been demolished. Southwest of the property is the newly
developed Cottages at Hollywood, a multi -family development that was
approved by Planning Commission in 2018 and included an extension of S.
Hollywood Avenue to connect to 15t' Street. Additionally, the Tsa-La-Gi Trail,
a paved trail that offers connections to the wider network of trails throughout
the city of Fayetteville currently borders the property to the south and east.
Though there are existing single-family homes and lots along S. Hollywood
Avenue, staff finds these homes and vacant lots are all currently owned by
the same owner, signaling that redevelopment of these properties may be on
the horizon, therefore compatibility with existing setbacks, density, height
and bulk and area considerations make more sense for this property to align
with CS zoning than with the current zoning of RSF-4.
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 an Urban Center
encourages. high density, mixed -use structures to allow people to live, work,
and shop in the same area. Staff finds that this rezone request begins to
close the gap between commercial- and high density zoning in this area and
brings the area into compliance with City Plan 2040. Encouraging a form -
based district in the area also allows for a higher scrutiny of design
standards than would typically be involved with a C-1 or C-2 zoning district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant did not indicate or offer a specific development proposal along
with this request. Staff does find that a rezone from RSF-4 to CS is consistent
with long-term land use plans, and brings the site into agreement with City
Plan 2040 as an Urban Center, therefore making this request justified from
staff's perspective.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to CS does have the potential to increase traffic along
S. Hollywood Avenue as opposed to keeping the property zoned RSF-4.
However, staff finds that the size of the request in comparison to the nearby
already -zoned -CS property would not appreciably impact any traffic danger.
Additionally, the recent improvements and added connectivity of S.
Hollywood Avenue and 15t' Streets increase the developability of this site.
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 RSF-4 to CS would have the potential to increase
the population density, since CS does allow for residential uses up to multi-
family dwellings. Staff finds that given the recent street improvements made
in the area, the nearby school, and availability of water and sewer, this
request would not put an undue burden on these existing services.
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 2020-000008 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 2020 O Tabled ® Forwarded O Denied
Motion: Hoffman
Second: Brown
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acres
o §161.22 - Community Services
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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
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.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
1170 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
dwelling unit
8,000 square feet
6,000 square feet
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
Hillside Overlay
District Lot
8,000 square feet
12,000 square feet
area minimum
Land area per
dwelling unit
8,000 square feet
6,000 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
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. Accessory ground mounted solar energy systems shall not be considered buildings.
(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; Ord. No. 6245 , §2, 10-15-19)
161.22 - Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas and is intended to provide for
adaptable mixed use centers located along commercial corridors that connect denser development
nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings
addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district
is a commercial zone. The intent of this zoning district is to provide standards that enable development
to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and drive-in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
:Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
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 located
Front: between 10 feet and a line 25 feet
from the front property line.
Side and rear: None
Side or rear, when
jcontiguous 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)
August 6, 2020
City of Fayetteville
Planning and Zoning Department
113 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Application for 1038 S Hollywood Avenue in Fayetteville, AR 72701
To whom it may concern,
I am writing this letter as part of the rezoning application for 1038 S Hollywood Avenue in
Fayetteville, Arkansas 72701. The property is currently zoned RSF-4 and I am requesting the city
change the zoning classification to Community Services (CS). The Proposed zoning is compatible
with existing land uses, particularly to the south and east where The University House, The
Cottages and Aspen Heights apartments are Located. The properties to the west are all owned
by the same entity and was listed for sale as a potential mixed use development site and I have
also spoken with the property owner on north side, so I don't expect any negative feedback.
The Future Land Use plan shows this property as "Urban Center" along with every other
adjacent property besides the U of A parking lot. I feel that changing the zoning classification
will conform to the surrounding zoning and use plans and should not adversely affect or conflict
with surrounding properties in any way.
I appreciate your assistance.
Sincerely,
Payne Phillips
RZN-2020-000008 Phillips A&
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s Planning Area RMF-12
1-1 Heavy Commercial and Light Industrial
Fayetteville City Limits �M 1-2 General Industrial
Feet M C-2
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112.5 225 450 675 900 = Commercial, Industrial, Residential Design Overlay District MP-1
Building Footprint 1 inch = 300 feet
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Current Land Use NORTH
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FEMA Flood Hazard Data
Shared Use Paved Trail
100-Year Floodplain
Trail (Proposed)
Feet Floodway
Planning Area
0 75 150 300 450 600
Fayetteville City Limits
1 inch = 200 feet
Design Overlay District
RZN-2020-000008
Future Land Use
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Building Footprint
Phillips
DIAMOND DR
Subject Property
Feet
0 112.5 225 450 675
1 inch = 300 feet
OF HUDSON DR
-SAN GABR,IEL
Non -Municipal
Government
Urban Center
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
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Rural Residential
�■ Uroan Center
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F.O. RCX 1607, `AYETTE ;ILLc, AR, 72702 - 479-4.'2.1700 -FAX 479-895-11'6 • W A;W Nw,.ADG.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 6369
Was inserted in the Regular Edition on:
October 25, 2020
Publication Charges: $79.04
Brittany Smith
Subsc 'bed and sworn to before me
This Kday of W , 2020.
Notary Public l��r
My Commission Expires: �!
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance:6369
File Number: 2020-0819
RZN 2020-008 (1038 S. HOLLYWOOD
AVE./PHILLIPS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 2"08
LOCATED AT 1038 SOUTH
HOLLYWOOD AVENUE FOR
APPROXIMATELY
0.58 ACRES FROM RSF4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE 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 RSF-
4, Residential Single Family, 4 Units Per
Acre 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
10/20/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
10/25/2020 75338314