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Home My WebLink AboutOrdinance 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: ``�ttttt►rrrrr� ss��K•1•T REgs�,�� - e4x,-4�f• 1'y OF • •G.p''�: Kara Paxton, City Clerkt'surer : FAYETTEVILLE ; RZN-2020-000008 Close Up View ,I Phillips 1P7.D ' C2 �MAR��N�V ,1 ,1 '1 RS1 -4 �1 1 '___PARNELL--DR 1 ;1 W' a. BEST- WAY ST ----0, 1 0 r �I LOS-ANGELES 0 1 O = 0 - VENTURA -PL i RMI 12 1 A 1 - LAGUNA O� LOOP Legend ' Planning Area L ' Fayetteville City Limits L Trail (Proposed) Design Overlay District Building Footprint PASADENA L Feet 0 Subject Property 0 112.5 225 450 675 1 inch = 300 feet CAP S EXHIBIT 'A' RZN-2020-000008 IW Q 0 3 x W W W =BAUM DR 1-2 A& NORTH RSF-4 RMF-12 I-1 Heavy Commercial and Light Industrial 1♦ I-2 General Industrial M C-2 Community Services Commercial, Industrial, Residential P-1 1.0 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 CApE�A ST IPZD " w DIAMOND _Z DRY PASADENA LNK > CS Q� O v HUDSON DR 0 z ., ........; RSF-4 P t J c -z 1 SA N GABRIEL CIR PARNELL-DR 5 4111 't ` Q �4 - 1.a w 0 BESTWAYST "'------- - _ o' 0 - - O w 0 w LOS ANGELES� 0 Subject Property j 0 = O ' � I VENTURA'PL 1 t � RMF-iz BAUM ��` DR LW 1-2 T � 6- t-t 7 �. <oLAGUNA, LOOP NORTH 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& One Mile View NORTH \ m 0 0.125 025 0.5 Miles N • ��A IL�II�-IR \ N <o s P-1 \; m R-0 \ V1 MPRK\NG�N � LU JRew� 2 n Q m I ° rna a o° Subject Property a m MF-24 n I-2 Ir R\I1_12 A 00„ I i r W 15TH ST + W-15TH W 15TH ST \ RP7.D tT � U RSF-4 \ / N NS-L v� g_p C-I /r - -- ftE5I E.TIAL SINGLEFAMILY EXTRACTION r" - _ _ . COMMERCIAL Legend RSFS �G3 RS -t WRM B115ED DISTRICTS Planning Area �°�'ph—gh 9 ��mTM1R,a,M1,are RSF-� �Meln S,reet Cemer _ _ Fayetteville City Limits REsiDENTALMDLTIFAMILY NeiBM1E"rtooe Semres � a -'" ` �NegM1borMoa Ccrxrvaicr Trail (Proposed) PLANNEDMNINGDISTRICTS 4NF .a "al Rem "al . _ _ _ _ r Commemal. ---- ; Planning Area RMF.:< INSTAUTIONAL R MR — Design Overlay District NWI H-y Fayetteville City Limits - __ � .Rea.,_gM1l--1 RZN-2020-000008 Close Up View Phillips PASADENA LNK- RSF-4 P-1 IF '\ PARNELL-DR � W O \ W 0 BEST - - - - of )ak# v w LOS-ANGELE� --. Subject Property i O = O I T VENTURA PL \V lun -Iz BAUM \ DR \ I-2 T � ?3 \ << LAGUNA a� LOOP NORTH Legend —' RSF-4 s Planning Area RMF-12 1-1 Heavy Commercial and Light Industrial Fayetteville City Limits �M 1-2 General Industrial Feet M C-2 Trail (Proposed) M Community Services J 112.5 225 450 675 900 = Commercial, Industrial, Residential Design Overlay District MP-1 Building Footprint 1 inch = 300 feet RZN-2020-000008 Phillips I A Current Land Use NORTH t PAS _ ADENA _1 Q+$ Z .. SAN GABRIELrCIR -- PA R N E L L- DR--- r � e ei; W,k IN Y� C _ Single -Family Residential ffxr i* Parking e ee E _ O_ f Subject Property LOS'ANGELES LOOP rz II' f' f Multi -Family Residential Multi -Family Residential �► r •` r 4 (Under Construction) A VENTURA PL �OQ i fgloom&[ O 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 40 \� ER MPR��Na ,1 ,1 .1 BEST WAY ST— Natural T G�A P7 Legend I _ _+ Planning Area � + L Fayetteville City Limits __i Y Y Shared Use Paved Trail Trail (Proposed) Design Overlay District 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 Ncn-Municipal Government 900 Residential Neighborhood Rural Residential �■ Uroan Center &M0ffA_RWm,j,ZC* 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