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HomeMy WebLinkAboutOrdinance 6430113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6430 File Number: 2021-0303 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): Doc ID: 019910310003 Type: REL Kind: ORDINANCE Recorded: 05/27/2021 at 11:39:39 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00020115 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from C-1, Neighborhood Commercial to CS, Community Services. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 5/4/2021 Approv Attest: Lioneld Jor n, ayor Kara Paxton, City Clerk Tre er • AY0��' Page 1 PrW 515421 i EAYMEVILLE:' jig NSPc•J��� RZN-2021-000032 RPA, LLC. RZN-21-000032 Close Up View I EXHIBIT W DAISY LN RI-12 Sp RSF-d �R LN 4F 110 O� <,q�OS — Regional Link — Regional Link - High Activity — — — Shared -Use Paved Trail - - - Trail (Proposed) - -, Fayetteville City Limits - -� Planning Area DINGTON DR it 1 I 1 A LSubject Property C I .a 1 m R-o v Proposed CS I I P-1 R-A W _.I a a 1EY_798-, n WMMM&v1;fi;_0-2 ix 51, Feet 0 75 150 300 450 1 inch = 200 feet M NORTH Zoning Acres RI-U 1.0 Total 1.0 RZN-2021-000032 EXHIBIT 'B' LEGAL DESCRIPTION TRACT 2: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S 02019'20" W 444.07AND N88032'49"W 224.78' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S02013'48"W 203.87', THENCE N87°43'21"W 212.30' TO AN EXISTING REBAR, THENCE NO2°10'42"E 200.81', THENCE S88032'49"E 212.50, TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 05/27/2021 11:39:39 AM and recorded in Real Estate File Number 2021-00020115 Kyle Sylvester - Circuit Clerk y,- r....r`.... ti City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 } Text File File Number: 2021-0303 Agenda Date: 5/4/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 4 RZN-2020-032 (4023 W. WEDINGTON DR./RPA, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-1, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAVETTEVILLE, 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 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. Clty of Fayetteville, Arkansas Page 1 Pdnted on &512021 City of Fayetteville Staff Review Form 2021-0303 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/16/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title $ $ V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: April 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in west Fayetteville, approximately 500 feet southwest of the intersection of W. Wedington Drive. and N. Rupple Road. The subject property is a residential lot containing approximately 1.97 acres, is zoned C-1, Neighborhood Commercial, and currently has one single- family dwelling on site that was built in 1975. The property has frontage onto N. Rupple Road, however driveway access is provided via an access easement with a property to the north onto W. Wedington Drive. The surrounding area is mixed with residential, commercial, and institutional uses nearby. The property falls within the boundary of the Wedington Corridor Planning Area and within the walkshed of a tier two boundary identified in City Plan 2040. In 2018 a lot split was approved and recorded, dividing the property in half from north to south. Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS, Community Services. The applicant has suggested they would like to use the west parcel to develop a multi -family residential development and the east parcel for a future commercial development. Public Comment: Staff has received no public comment. Land Use Compatibility: The proposed zoning is generally compatible with the surrounding mix of land uses. One issue with the request is the west lot does not have the appropriate 18-foot width to meet the CS district's bulk and area requirements for a single-family dwelling. However, due to the existing lot split, the dwelling on the subject property is presently a non -conforming use which Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 would be rectified with the proposed rezoning. The proposed rezoning would replace an existing non -conforming use with a non -conforming lot. Commercial uses are prevalent along W. Wedington Drive to the north, an institutional use to the south, and attached residential dwellings found to the west. Development under CS zoning district may serve to promote livable transportation, where residents would be within a walkable distance to amenities. Staff finds, therefore, that rezoning will not represent a conflict of compatibility. Coupled with the subject property's adjacency to two major thoroughfares, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. Land Use Plan Analysis: Staff finds the proposed rezoning is compatible with the future land use designation for this location, the goals in City Plan 2040, and adopted land use policies. This area is designated as a City Neighborhood Area, which encourages density in all housing types and supports the widest spectrum of uses. The proposed rezoning offers an opportunity to eschew conventional strip development in favor of a more urban layout. Dense residential development located behind commercially zoned properties directly reflects the gradient transect approach promoted by City Plan 2040 and would assist in creating a complete and connected area where elements of suburban sprawl are typical. Finally, the property falls within the planning area for the Wedington Corridor Neighborhood Plan. The applicant's proposal is in line with the neighborhood plan's aim for incremental development with a clear vision. Given the proposal's consistency with the future land use plans in the area, staff finds this to be a compatible zoning request. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7-8 for this site. The following elements of the matrix contribute to the score: • Near Sewer Main (N. and W. of the property) • Near Water Main (N. Rupple Road.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Dale Clark Park) • Near Paved Trail (N. Rupple Road.) • Adequate Fire Response (Fire Station #7, 835 N. Rupple Road) • Appropriate Future Land Use • Within Master Plan Area (Wedington Corridor Neighborhood Plan) DISCUSSION: At the March 8, 2021 Planning Commission meeting a vote of 8-0-0 tabled the item. The original request was to rezone only the west parcel in the subject area to RI-U, Residential Intermediate - Urban. During the meeting, the Planning Commission suggested including the east parcel and rezoning to CS would make for a more compatible request while accommodating the applicant's development plans. The applicant agreed to amend the original request and table until the meeting on April 121h to address public notification requirements with the amended request. At the April 121h Planning Commission meeting a vote of 8-0-0 forwarded the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Belden seconded. Commissioners indicated an appreciation of the applicant's willingness to include the lot fronting N. Rupple Road as a part of the request. Commissioners agreed that the form -based requirement for the commercial property improved the compatibility of the request. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000032 EXHIBIT 'B' LEGAL DESCRIPTION TRACT 2: A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 16 NORTH, RANGE 31 WEST,WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S 02019'20" W 444.07AND N88032'49"W 224.78' FROM THE NORTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE S02013'48"W 203.87', THENCE N87043'21 "W 212.30' TO AN EXISTING REBAR, THENCE N02010'42"E 200.81', THENCE S88°32'49"E 212.50, TO THE POINT OF BEGINNING, CONTAINING 0.98 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. RZN-2021-000032 RPA, LLC. RZN-21-000032 Close Up View EXHIBIT W DAISY LN R� RSF-4 "K LN Ok4 SOS — Regional Link — Regional Link - High Activity — — — Shared -Use Paved Trail - Trail (Proposed) — —, Fayetteville City Limits - -� Planning Area A- ---- - __ __ WEDINGTON DR 1 1 1 1 1 1 1 1 A 1 Subject Property 1 1 G C 3 �I Feet 0 75 150 300 450 1 inch = 200 feet 1 1 1 r7 1 � W I J is la I � M. k-O \S-L A& NORTH Zoning Acres RI-U 1.0 Total 1.0 CITY OF FAYETTEVILLE W4W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner (Updated with Planning Commission results) MEETING DATE: April 12, 2021 SUBJECT: RZN-2021-000032: Rezone (4023 W. WEDINGTON DR./RPA, LLC., 439): Submitted by BATES & ASSOCIATES, INC. for property located at 4023 W. WEDINGTON DR. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 1.97 acres. The request is to rezone the property to CS, Community Services. RECOMMENDATION: Staff recommends forwarding RZN-2021-000032 to City Council with a recommendation for approval. RECOMMENDED MOTION: "1 move to forward RZN-2021-000032 to the City Council with a recommendation of approval. " MARCH 8, 2021 PLANNING COMMISSION MEETING: On March 8t'', the applicant requested to table the item until the meeting scheduled for April 12t'. During the meeting the Planning Commission suggested including the east parcel and rezoning to CS would make for a more compatible request while accommodating the applicant's development plans. The applicant agreed to amend the original request and table until the April 12t'' meeting in order to address public notification requirements with the amended request. BACKGROUND: The subject property is in west Fayetteville, approximately 500 feet southwest of the intersection of W. Wedington Drive. and N. Rupple Road. The subject property is a residential lot containing approximately 1.97 acres, is zoned C-1, Neighborhood Commercial, and currently has one single- family dwelling on site that was built in 1975. The property has frontage onto N. Rupple Road, however driveway access is provided via an access easement with a property to the north onto W. Wedington Drive. The surrounding area is mixed with residential, commercial, and institutional uses nearby. The property falls within the boundary of the Wedington Corridor Planning Area and within the walkshed of a tier two boundary identified in City Plan 2040. In 2018 a lot split was approved and recorded, dividing the property in half from north to south. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial C-1, Neighborhood Commercial South Institutional P-1, Institutional Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 1 of 15 East Single -Family Residential/ Agricultural R-A, Residential -Agricultural West Two -Family Residential RI-1 2, Residential Intermediate,12 Units per Acre Request: The request is to rezone the property from C-1, Neighborhood Commercial, to CS, Community Services. The applicant has suggested they would like to use the west parcel to develop a multi -family residential development and the east parcel for a future commercial development. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: This property has frontage on N. Rupple Road. N. Rupple Road is a fully improved Regional Link street with four separated driving lanes, pavement, curb and gutter, and 10-foot sidewalks. Street improvements will be determined at time of development. Water: Public water is available to the subject area. An existing 12-inch water main is located east of the subject property. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is located north of the subject property. An existing 6-inch sanitary sewer main is located to the west of the subject property. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are present throughout the entirety of the subject area. No portion of the property is within the Hillside -Hilltop Overlay District or within a FEMA Regulated Floodway and 100-year Floodplain. No City -designated protected streams are present. 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 7 located at 835 N. Rupple Road protects this site. The property is located approximately 0.5 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 Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 2 of 15 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 7-8 for this site, with a weighted score of 7.5 at the highest level. The following elements of the matrix contribute to the score: • Near Sewer Main (N. and W. of the property) • Near Water Main (N. Rupple Road.) • Near Grocery Store (Walmart Neighborhood Market) • Near City Park (Dale Clark Park) • Near Paved Trail (N. Rupple Road.) • Adequate Fire Response (Fire Station #7, 835 N. Rupple Road) • Appropriate Future Land Use • Within Master Plan Area (Wellington Corridor Neighborhood Plan) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is generally compatible with the surrounding mix of land uses. One issue with the request is the west lot does not have the appropriate 18-foot width to meet the CS district's bulk and area requirements for a single-family dwelling. However, due to the existing lot split, the dwelling on the subject property is presently a non- conforming use which would be rectified with the proposed rezoning. The proposed rezoning would replace an existing non -conforming use with a non -conforming lot. Commercial uses are prevalent along W. Wedington Drive to the north, an institutional use to the south, and attached residential dwellings found to the west. Development under CS zoning district may serve to promote livable transportation, where residents would be within a walkable distance to amenities. Staff finds, therefore, that rezoning will not represent a conflict of compatibility. Coupled with the subject property's adjacency to two major thoroughfares, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. Land Use Plan Analysis: Staff finds the proposed rezoning is compatible with the future land use designation for this location, the goals in City Plan 2040, and adopted land use policies. This area is designated as a City Neighborhood Area, which encourages density in all housing types and supports the widest spectrum of uses. The proposed rezoning offers an opportunity to eschew conventional strip development in favor of a more urban layout. Dense residential development located behind commercially zoned properties directly reflects the gradient transect approach promoted by City Plan 2040 and would assist in creating a complete and connected area where elements of suburban sprawl are typical. Finally, the property Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 3 of 15 falls within the planning area for the Wedington Corridor Neighborhood Plan. The applicant's proposal is in line with the neighborhood plan's aim for incremental development with a clear vision. Given the proposal's consistency with the future land use plans in the area, staff finds this to be a compatible zoning request. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The proposed rezoning would remedy a non -conforming use and replace it with a non -conforming lot. C-1 zoning does not allow single-family residences to be developed by -right or by conditional use. Rezoning to CS brings the current use into conformity but creates a non -conforming lot due to the 18-foot lot width minimum requirement in CS zoning. Though uncommon, rezoning actions occasionally create non -conforming uses and lots. The most apparent example occurs when a rezoning action is associated with long-range or neighborhood plan. Because the subject property does not meet the CS standard for lot width, either a Board of Adjustment variance or property line adjustment would need to be approved. prior to re -development of the west parcel. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to CS carries an associated potential to increase traffic along W. Wedington Drive and N. Rupple Road. Vehicles would be able to access fully improved portions of W. Wedington Drive and N. Rupple Road. Each street has asphalt pavement, curb and gutter, storm drain, and sidewalk. A shared -use side -path trail is present along N. Rupple Road. W. Wedington Drive and N. Rupple Road are classified as a Regional High - Activity Link Street and Regional Link Street, respectively. Both roads have a design service volume of 17,600 vehicles per day, leading staff to believe that the existing infrastructure can absorb an increased vehicle load. Staff does not find that the number of allowable units would noticeably increase traffic congestion or danger along either roadway. Staff also finds the request improves opportunities for alternative modes of transportation to be utilized along a stretch of W. Wedington Drive which faces increasing pressure to develop. 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 CS could appreciably increase the allowed population density at the location given the added residential uses permitted by -right. The property has access to City water and sewer and is proximate to other public services. The presence of existing infrastructure negates the need for costly extensions or stretched fire or police service that is often associated with development on the urban periphery. If there are reasons why the proposed zoning should not be approved in view of Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 4 of 15 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: The west parcel does not meet the CS standard for lot width. Typically, 18- feet of street frontage is required for dwellings. Either a Board of Adjustment variance or property line adjustment will need to be approved prior to an attempt at re -development. RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000032 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: April 12, 2021 O Tabled CQ Forwarded O Denied Motion: Canada All conditions, as recommended by staff Second: Belden Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.22 -District CS, Community Services o §161.21 - District C-1, Neighborhood Commercial • Request letter • Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 5 of 15 161.22 - Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit Three (3) and four (4) family dwellings 10 Unit Eating places 13 Unit Neighborhood Shopping goods 15 Unit Gasoline service stations and drive-in/drive through 18 restaurants Unit Home occupations 24 Unit Offices, studios and related services 25 Unit Multi -family dwellings 26 Unit 40 'Sidewalk Cafes Unit Accessory dwellings 41 Unit Cluster Housing Development 44 Unit Small scale production 45 Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 6 of 15 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. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. None 15 feet (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) Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 7 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 Eating places 13 Unit Neighborhood shopping 15 Unit Gasoline service stations and drive-in/drive through 18 restaurants Unit Offices, studios, and related services 25 Unit Sidewalk Cafes 40 Unit Cluster Housing Development 44 Unit Small scale production 45 (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 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 the 50 building feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 8 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) Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 9 of 15 Bates Associates, i nc_ Civil Engineering _ Surveying 7230 S. Pleasant Ridge Drive/ Fayetteville, AR 72703 PH: 479-442-9350 * FAX: 479-521-9350 March 16, 2021 City Planning Division City of Fayetteville, Arkansas 125 W. Mountain Street Fayetteville, AR 72701 Re: Rezoning Request (Parcel #765-16251-001) Dear Planning Staff, The property owners of Washington County Parcel #765-16251-001 are applying for a rezoning of a portion of said property. The parcel in question totals 1.97 acres, and the owners are requesting that the parcel to be rezoned to CS — Community Services. The parcel is currently zoned C-1 Neighborhood Commercial. This parcel has previously been split into two tracts, as shown on a plat found in Washington County Records in book 2019 at page 1004. Both tracts are subject to this rezoning request. The eastern tract (Tract 1) is proposed to be developed as commercial, and the western tract (Tract 2) is to be developed as multi -family residential. Zoning districts adjacent to the property are C-1 to the north and east. R-A across Rupple Road, P-1 to the South and RI-12 to the west. The applicant asserts that the proposed zoning district fits well with the surrounding neighborhood, given its variety of zoning districts and the presence of several Multi -Family and Mixed -Use developments. Due to the site size, only 12 units could be constructed, therefore, traffic impact will be minimal. Water and sewer are both located adjacent to the site. If you have any questions or require additional information, please feel free to contact me at your convenience. Sincerely, Bates & Associates, Inc. Geoffrey H. Bates, P.E. President of Engineering Planning Commission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 10 of 15 REZONE EXHIBIT 'BAR\A\SASS"i.1 fLIMti aln N'FST M'EDI.\(:IU\ URR'1 Ix• X tA• xR INL'NENT SKIN PER I 040• 80• 120' l — xKl M\1 NII.0 APFI FSIRI 1 ``I ail\111\III' I I NVI A U I - ill t( 5.. '� � Sl" II IIN\ • r .I � I � I I I DI'ILDINU / I I I INUI A PART Uf THIS SURII yy I I 4 I� I. ,I xa vFRR mur K I I- K-T% .2 � Q'Tx41 L I I' m I I f .,•tea""---,..�—._ __ f � 31a PARENT TRACT (TO DE REZONED TO CS) I p7 - O PARCEL /765-16281-001 I A II Nlvaalx•EZRa 1.97 ACRES TU.I F UND L rvc NALI. I' � f O] PARENTTRAC t, _ ' Cw CUR\ER11IAI _ BTRAC-T I_ tl\aFFICF. tYtll:\IN sfrsoffsET I TRACT :I RIIPPUE RUAD R/w , F I� DEDK'AItiU PFP DEED 2W:-+1f,l—I \ T / I O #7•• NNI t� - t� •. i i I I i � _ 9.Y1 <'AR%IRI -.� � U , LISO'i � _ `✓ _ LClllly\ TRACT i v h I 0.99 ACRES TRACT 2 I ,r I. 0.98 ACRES . .o Awcnc I I — , i L — _ DLILHLN(— CAP xI'xx I. UffsET - 1 2:17:37 I — � E,xiR.15vl .1• _ � KW j I L RI` 1r Bates L..:..•' P LL(-Li IG: �>nA PA,P, Associates Inc � � ; �. uu.VSJs Erq 'sl/wPn lTxlEPop MMIKc]s C Planning Com fission April 12, 2021 Agenda Item 3 RZN-21-000032 RPA Page 11 of 15 Agenda item 3 RZN-21-000032 RPA Page 12 of 15 RZN-2021-000032 Close Up View DAISY-LN RI-12 RSF-4 — Regional Link LN — Regional Link - High Activity — — — Shared -Use Paved Trail Trail (Proposed) — —� Fayetteville City Limits Planning Area 7t RPA, LLC. WEDINGTON DR 1 t t 1 1 1 1 1 C-1 1 t Subject Property t -v t t rr'r X C Proposed RI-U 1 I t � W t J 1a a LEY_798 A 1 H Q.' O 3 CO) G fY O 3 Feet 0 75 150 300 450 1 inch = 200 feet .11 R 0 Ns-1, A& NORTH Zoninq Acres RI-U 1.0 Total 1.0 Planning Co mission 2, 2021 Agenda Item 3 RZN-21-000032 RPA Page 13 of 15 RZN-2021-000032 RPA, LLC. _ Current Land Use NORTH WEDINGTON DR. pop .� p` s Commercial Undeveloped Commercial c J. NL 1 jl x1 R 11 t'y Dunix *� 4 M�• I Single -Family ' o Residential J J W4 a „ � 3 atc Ira i ---ALLEYr798 ' r rn uj ALLE Y-766��- <ti yr Regional Link FEMA Flood Hazard Data - Regional Link - High Activity 10U-'rear Fluodplain -- Shared -Use Paved Trail Feet FlrGdx,rg,j Trail (Proposed) 'Fayetteville City Limits 0 55 110 220 330 440 1 inch = 150 feet Planning Area Planning Co mission 2, 2021 Agenda Item 3 RZN-21-000032 RPA Page 14 of 15 RZN-2021-000032 R PA, L L C . Future Land Use V J SAR---- 0_ rn WAY w w WEDINGTON DR 1 —--------- --------------- FLOWER DR B�Q FLO� v O� PyLEY- 4301—<�%_ O Al wo��< aC14 I — Regional Link Regional Link - High Activity — — — Shared -Use Paved Trail - - - Trail (Proposed) Fayetteville City Limits 16. - -� Planning Area 2 Pc V tject Property r- - C Proposed RI-U Civic I 1 Institutional i \LLEY-798 i i 1 1 1� IW ALLEY �a 766' 1= I 10: � o 0 I I 3: 1 1 rn } p w � J I I O Q 3 1 I �OOWL•ANDS 1 1 DR err Feet 0 112.5 225 450 675 1 inch = 300 feet NORTH City Neighborhood Residential Neighborhood City Neighborhood Is Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 900 Residential Neighborhood Rural Residential 11111110 Urban Center Planning Co mission 2, 2021 Agenda Item 3 RZN-21-000032 RPA Page 15 of 15 NORTHWEs,r t ` `:' ?'\maze* i ► ' ! i :jarr•, Democ AL t1. 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 6430 Was inserted in the Regular Edition on: May 9, 2021 Publication Charges: $74.48 Brittany Smith Subscribed and sworn to before me This /p day of Z/4 , 2021. Cathy Wiles 1 Benton COUNTY NOTARY PUBLIC — ARKANSAS Notary Public My Commission Expires 02-20-2024 My Commission Expires: 42--oI2� Commission No. 12397118 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance:6430 File Number: 2021-0303 RZN-2020-032 (4023 W. WEDINGTON DRAPA, LLC.): AN ORDINANCE TO REZONE THAT' PROPERTY DESCRIBED IN REZONING PETITION RZN 21-032 LOCATED AT 4023 WEST WEDINGTON DRIVE FOR APPROXIMATELY 1.97 ACRES FROM C-I, NEIGHBORHOOD COMMERCIAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Or 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 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 5/4/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75415231 May 9, 2021