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Home My WebLink AboutOrdinance 64360, FAYEr,, t A k'AN, 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6436 File Number: 2021-0352 RZN-2021-039 (4300 BLOCK OF MLK BLVD. /HOSKINS): I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019926370003 Type: REL Kind: ORDINANCE Recorded: 06/04/2021 at 04:08:38 PM Fee Amt. $25.00 Page i of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00021346 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-039 LOCATED AT THE 4300 BLOCK OF MARTIN LUTHER KING BOULEVARD FOR APPROXIMATELY 1.38 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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 5/18/2021 A Page 1 Attest: ``%%IIIIIIffffj' , rrr� 0,n G Kara Paxton, City Clerk Treastig : �Y£�Fy/ ` : m PH .,i�lN ,J1100 ; 1 ��. RZN-2021-000039 Hoskins EXHIBIT 'A' Close Up View RZN-2021-000039 � lirru tT H � to LtJ � Z i Q R W MARS G 13 1�C1N r RMF-24 E.Mp1N•Sj v m Proposed UT j �•�-v- a f �cQv Subject Property O R-A (p I NORTH Zoninq Acres UT 1.3 Regional Link - High Activity Hillside -Hilltop Overlay District Feet Trail (Proposed) . - - Planning Area 0 75 150 300 450 600 - - 1 inch = 200 feet Total 1.3 — Fayetteville City Limits EXHIBIT'B' RZN-2021-000039 SURVEY DESCRIPTION: A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S 88 0031" E 957.34' FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER AND RUNNING THENCE NO3 39'44" E 290.22' TO A POINT ON THE SOUTH RIGHT-OF-WAY OF U.S. HIGHWAY #62, THENCE ALONG SAID RIGHT-OF-WAY N76 04'59"E 187.40' TO AN EXISTING REBAR, THENCE LEAVING SAID RIGHT-OF-WAY S03 35'50"W 341.42' TO A POINT IN THE CENTERLINE OF WEST OZARK TRAIL, THENCE ALONG SAID CENTERLINE S79 11'S6"W 184.89', THENCE LEAVING SAID CENTERLINE NO3 39'44"E 40.78' TO THE POINT OF BEGINNING, CONTAINING 1.38 ACRES, MORE OR LESS, THE SOUTH 20 FEET OF THE ABOVE DESCRIBED TRACT IS PART OF THE OLD OZARK TRAIL HIGHWAY AND IS TO REMAIN OPEN AS A ROADWAY, SUBJECT TO THAT PORTION IN WEST MARTIN LUTHER KING BOULEVARD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHT-OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 06/04/2021 04:08:38 PM and recorded in Real Estate File Number 2021-00021346 Kyle Sylvester - Circuit Clerk by _. City of Fayetteville, Arkansas 113 West Mountain Street / • '' \ Fayetteville, AR 72701 —� (479) 575-8323 Text File File Number: 2021-0352 Agenda Date: 5/18/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C 4 RZN-2021-039 (4300 BLOCK OF MLK BLVD. /HOSKINS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-039 LOCATED AT THE 4300 BLOCK OF MARTIN LUTHER KING BOULEVARD FOR APPROXIMATELY 1.38 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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 511912021 City of Fayetteville Staff Review Form 2021-0352 Legistar File ID 5/18/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/30/2021 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000039: Rezone (4300 BLOCK OF MLK BLVD. /HOSKINS, 594): Submitted by TRACY HOSKINS for property located at the 4300 BLOCK OF MLK BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.38 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: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF MAY 18, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 30, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000039: Rezone (4300 BLOCK OF MILK BLVD. /HOSKINS, 594): Submitted by TRACY HOSKINS for property located at the 4300 BLOCK OF MLK BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.38 acres. The request is to rezone the property to CS, Community Services RECOMMENDATION: The applicant's original request was to rezone the property to UT, Urban Thoroughfare. City Planning staff recommended denial of that request, and the Planning Commission recommended approval of a request to rezone the subject property to CS, Community Services, as shown in Exhibits 'A' and 'B'. BACKGROUND: The subject property, parcel 765-16311-000, is in west Fayetteville on W. Martin Luther King Jr. Blvd, at the City's border with Farmington. Containing approximately 1.38 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and also has frontage to the south along Ozark Trail. Request: The applicant requested to rezone the property from R-A, Residential -Agricultural to UT, Urban Thoroughfare. The applicant did not submit any associated development plans, but expressed an intent to develop a drive-thru restaurant. Planning Commission recommends to rezone the property to CS, Community Services. Public Comment: Staff received public comment on the item prior to the meeting, which is included in the attached packet. No public comment was heard at the meeting. Land Use Compatibility: Staff finds that the request to rezone the property to UT, Urban Thoroughfare is out of scale with the surrounding land uses, which include low -density residential on three sides, and commercial uses across the street. Much of the zoning in the near vicinity is for higher intensity uses; however, many of the traffic -generating uses permitted by -right in UT zoning may not be immediately compatible with the low -density residential neighborhood to the south. Additionally, while UT allows for residential uses, it allows for a maximum building height of up to 7 stories, which might also be out of scale with the surrounding context, especially Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 considering the property's additional frontage along Ozark Trail, and adjacency to the City of Farmington. Staff agrees that the property's frontage along the state highway and within a City Neighborhood Area certainly encourage higher density zoning, but suggest a different approach for the site, including CS zoning along the Martin Luther King Jr. Blvd. frontage and RI-U zoning along Ozark Trail, or CS zoning for the entire site. Land Use Plan Analysis: Staff finds that the request is not fully consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. On the one hand, the area is designated as a City Neighborhood Area, which does encourage a wide variety of uses and housing types, rather than the land remaining zoned for agricultural uses. The property is also located within a Tier 2 center according to the City's Growth Concept Map. On the other hand, staff finds that some of the by -right uses permitted in UT zoning may be of too high an intensity, and are better suited for the area that is closer to the intersection of Rupple Road. Staff would support a higher intensity zoning at this site than R-A, such as CS, or a consideration for CS along the property's W. Martin Luther King Jr. Blvd. frontage and RI-U along Ozark Trail. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #6, Located at 900 S. Hollywood Avenue) • Near Sewer Main (W. Martin Luther King Jr. Blvd and Ozark Trail) • Near Water Main (W. Martin Luther King Jr. Blvd and Ozark Trail) • Near City Park (Holland Park) • Near Paved Trail (Rupple Road side -path trail) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the April 26, 2021 Planning Commission meeting, a vote of 9-0-0 forwarded an amended recommendation to the City Council with a recommendation of approval. Commissioner Paxton made the motion and Commissioner Belden seconded. Commissioners discussed the applicant's plans, who indicated an intent to develop a drive-thru ice cream restaurant; no formal plans were offered. Commissioners were concerned that some of the other uses in the UT zoning district may not be completely compatible at that location, and after the applicant expressed a willingness to offer a Bill of Assurance to limit those uses, the Commission determined that the more appropriate route would be to zone the property CS. Ultimately, the Commission determined that zoning the property to CS and subsequently applying for a conditional use permit was the appropriate path for the applicant to take. No public comment was offered at the meeting, but some neighbors offered written opposition to the request of UT prior to the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report RZN-2021-000039 Hoskins EXHIBIT 'A' RZN-2021-000039 Close Up View MAIN Regional Link - High Activity Hillside -Hilltop Overlay District - Trail (Proposed) - Planning Area - ! Fayetteville City Limds RUD rn� to M U J m Proposed UT M a Subject Property Feet 0 75 150 300 450 1 inch = 200 feet tti jR m RNtF J �O 0 rn NORTH Zoning Acres UT 1.3 Total 1.3 EXHIBIT'B' RZN-2021-000039 SURVEY DESCRIPTION: A PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S 88 00'31" E 957.34' FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SOUTHEAST QUARTER OF SAID SOUTHWEST QUARTER AND RUNNING THENCE NO3 39'44" E 290.22' TO A POINT ON THE SOUTH RIGHT-OF-WAY OF U.S. HIGHWAY #62, THENCE ALONG SAID RIGHT-OF-WAY N76 04'59"E 187.40' TO AN EXISTING REBAR, THENCE LEAVING SAID RIGHT-OF-WAY S03 35'50"W 341.42' TO A POINT IN THE CENTERLINE OF WEST OZARK TRAIL, THENCE ALONG SAID CENTERLINE S79 11'56"W 184.89', THENCE LEAVING SAID CENTERLINE NO3 39'44"E 40.78' TO THE POINT OF BEGINNING, CONTAINING 1.38 ACRES, MORE OR LESS, THE SOUTH 20 FEET OF THE ABOVE DESCRIBED TRACT IS PART OF THE OLD OZARK TRAIL HIGHWAY AND IS TO REMAIN OPEN AS A ROADWAY, SUBJECT TO THAT PORTION IN WEST MARTIN LUTHER KING BOULEVARD MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHT-OF-WAY OF RECORD. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: April 26, 2021 Updated with PC hearing results from 4/26/2021 SUBJECT: RZN-2021-000039: Rezone (4300 BLOCK OF MILK BLVD. /HOSKINS, 594): Submitted by TRACY HOSKINS for property located at the 4300 BLOCK OF MLK BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.38 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE. RECOMMENDATION: Staff recommends denial of RZN-2021-000039. RECOMMENDED MOTION: "I move to deny RZN-2021-000039." BACKGROUND: The subject property, parcel 765-16311-000, is in west Fayetteville on W. Martin Luther King Jr. Blvd, at the City's border with Farmington. Containing approximately 1.38 acres, the property is undeveloped, zoned R-A, Residential -Agricultural, and also has frontage at the property's rear along Ozark Trail. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Commercial CS, Community Services South Undevelo ed/Sin le-Famil Residential R-A, Residential -Agricultural East Single -Family Residential R-A, Residential -Agricultural West Single -Family Residential City of Farmington Request: The request is to rezone the property from R-A, Residential -Agricultural to UT, Urban Thoroughfare. The applicant has not submitted any associated development plans. Public Comment: Staff received public comment from a property owner to the south in opposition to the request. The main concern was regarding commercial construction traffic accessing the site from Ozark Trail, and whether a landscape buffer would be installed along the Ozark Trail frontage. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Martin Luther King Jr. Blvd. West Martin Luther King Jr. Blvd is a partially improved Regional Link -High Activity street with asphalt paving, curb and gutter. The area also has frontage along W. Ozark Trail. Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 1 of 15 W. Ozark Trail is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. Existing 12-inch water main is present on the south side of W. Martin Luther King Jr Blvd. and an existing 8-inch water main is present along the north Side of West Martin Luther King Jr. Blvd. There is also an existing 2.25-inch water main present along North side of W. Ozark Trail. Sewer: Sanitary Sewer is available to the subject area. Existing 6-inch sanitary sewer main is present on the south side of W. Martin Luther King Jr. Blvd. and an existing 6- inch sanitary sewer main in the middle of W. Ozark Trail. 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 #6, located at 900 S. Hollywood Ave. protects this site. The property is located approximately 2.1 miles from the fire station with an anticipated drive time of approximately 6 minutes using existing streets. The anticipated response time would be approximately 8.2 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. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. There are no hydric soils present on the property. Tree Preservation: The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum canopy preservation. The current zoning district of R-A, Residential- Agricultural requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score also of 6. The following elements of the matrix contribute to the score: Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 2 of 15 • Adequate Fire Response (Station #6, Located at 900 S. Hollywood Avenue) • Near Sewer Main (W. Martin Luther King Jr. Blvd and Ozark Trail) • Near Water Main (W. Martin Luther King Jr. Blvd and Ozark Trail) • Near City Park (Centennial Park) • Near Paved Trail (Rupple Road side -path trail) • Appropriate Future Land Use (City Neighborhood) 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: Staff finds that the request to rezone the property to UT, Urban Thoroughfare may be out of scale with the surrounding land uses. At present, the property is surrounded by low -density residential on three sides, with commercial uses across the street. Staff recognizes that much of the zoning in the near vicinity is for higher intensity uses, with several acres of UT zoning at the intersection of Martin Luther King Jr. Blvd and Rupple Road, and CS zoning across Martin Luther King Jr. Blvd to the north. However, many of the traffic -generating uses permitted by -right in UT zoning may not be immediately compatible with the low -density residential neighborhood at the property's rear, such as the permitted automotive uses and large-scale shopping centers that are permitted by right in the UT zoning district. Additionally, while UT allows for residential uses, it allows for a maximum building height of up to 7 stories, which might also be out of scale with the surrounding context, again, especially considering the property's additional frontage along Ozark Trail, and adjacency to the City of Farmington. Staff finds that the property's frontage along the state highway and within a City Neighborhood Area certainly encourage higher density zoning, but finds that a more fine-grained approach at this site may be more compatible, with perhaps a consideration for CS zoning along the property's Martin Luther King Jr. Blvd frontage, and RI-U zoning along the property's Ozark Trail frontage, or even a consideration for CS for the entire site. Land Use Plan Analysis: Staff finds that the request is not fully consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. On the one hand, the area is designated as a City Neighborhood Area, which does encourage a wide variety of uses and housing types, rather than the land remaining zoned for agricultural uses. The property is also located within a Tier 2 center according to the City's Growth Concept Map. However, staff finds that some of the by -right uses permitted in UT zoning may be of too high an intensity, and is better suited for the area that is closer to the intersection of Rupple Road. Staff would support a higher intensity zoning at this site than R-A, such as CS, or a consideration for CS along the property's W. Martin Luther King Jr. Blvd. frontage and RI-U for the property's Ozark Trail frontage. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Planning Commission April 26.2021 Agenda Item 13 RZN-21-000039 Hoskins Page 3 of 15 Finding: A rezone to a higher density than R-A, Residential -Agricultural is justified, given its proximity within a Tier 2 center, and the future land use plans designating this area as a City Neighborhood. However, staff finds the current request to be out of scale, and would recommend a more incremental increase on this site at this time. Staff finds that the uses, height, setback, and bulk and area requirements of a CS zoning may be more compatible at this location. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to UT could appreciably increase traffic at this site. Staff finds that with frontage along W. Martin Luther King Jr. Blvd., which is a state highway with an estimated 34,000 vehicle trips per day, additional traffic is likely to be absorbed. Staff does recognize that there is not currently sidewalk along the property's frontage, nor along much Martin Luther King Jr. Blvd until the intersection with Rupple Road, which does have some added concern for the ability to create a pedestrian -friendly environment at this location. That said, street improvements including sidewalk and greenspace would likely be required along this property's frontage at the time of development, which somewhat alleviates this concern. 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 R-A to UT would certainly have the potential to increase population density in this area at this time, given that UT allows for multi -family dwellings and other residential uses not currently permitted in R-A. While the available infrastructure, water and sewer, and the service volume of W. Martin Luther King Jr. Drive would likely support an increase in residences, staff's concerns about the current requested zoning district are more related to the compatibility of auto -related uses within close proximity not only to the border of Farmington but to the surrounding low - density residences surrounding the property. The school district did not offer any comment on the proposal. 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 denial of RZN-2021-000039. Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: April 26, 2021 O Tabled 0 Forwarded O Denied Motion: Paxton with a recommendation of approval for CS, Community Services Second: Belden jVote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.03 - District R-A, Residential -Agricultural o §161.24 - Urban Thoroughfare • Applicant Request Letter • Public Comment One Mile Map Close-up Map Current Land Use Map Future Land Use Map Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 5 of 15 161.03 - District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished, prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base: provide opportunity for affordable housing, increase scenic attractiveness, and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre One-half ('/z) (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 6 of 15 (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. (Code 1965, App. A., Art. 5(1), Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98, Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5- 09, Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17) Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 7 of 15 161.24 - Urban Thoroughfare (A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the surrounding communities. This district encourages a concentration of commercial and mixed use development that enhances function and appearance along major thoroughfares. Automobile -oriented development is prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96: Noise Control, the Urban Thoroughfare 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 i Single-family dwellings Unit 9 'Two (2) family dwellings Unit 10 i Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor store 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 20 Commercial recreation, large sites Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 33 Adult live entertainment club or bar Unit 35 Outdoor music establishments Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 8 of 15 Unit 36 Wireless communication facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family dwelling All other dwellings Non-residential (2) Lot area minimum. None (E) Setback regulations. Front: Side and rear: Side or rear, when contiguous to a single-family residential district: 18 feet None None 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/7 stories* * A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7) 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 single family 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) Minimum buildable street frontage. 50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10, Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11 -1 - 16, Ord. No. 5945 , §§5, 7, 8, 1-17-17 Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 9 of 15 Rezoning Statement, W. Martin Luther King, Jr Blvd - Paradigm Development Enterprises Inc. requests the rezoning of County Parcel #765-16311-000, containing 1.38 acres more or less, from the current RA zoning to Urban Thoroughfare. Over many years this area of Fayetteville and neighboring, Farmington has grown around this property and the usage has organically changed to the point that it is not viable to maintain the current residential zoning. The reason for this request is to move the property to a zoning that now represents the land's highest and best use potential along U.S. Highway 62. The proposed rezoning is bordered by U.S. Highway 62/W. Martin Luther King BLVD to the North, single family residences to the immediate east and west in areas that are converting to commercial uses. The site is bordered on the South by West Ozark Trail accessing existing older residential properties. Across U.S. Highway 62/W. Martin Luther King BLVD to the North are both new and existing commercial use properties and represent the future growth along this main transportation artery. The parcel is located within an area of CS, UT and RMF zoning along U.S. Highway 62/W. Martin Luther King BLVD. Therefore, the proposed rezoning is compatible for the area. Though the local infrastructure is more than adequate, due to the relatively small size of the parcel, any large scale commercial development would not be possible and therefore the proposed zoning would not appreciably increase traffic or impact surrounding properties. Thank you, Paradigm Development Enterprises, Inc. Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 10 of 15 Masters, Jessica From: Carol Gregory <clgpa27@gmail.com> Sent: Tuesday, April 20, 2021 1:29 PM To: Masters, Jessica Subject: Proposed rezoning of 1.3 acres on MLK and Ozark Trail CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. My name is Carol Gregory, and I am writing on behalf of my parents James Leon Gregory and Helen Gregory who reside at 4333 Ozark Trail in Fayetteville directly to the south of the proposed rezoning, referred to above. The parcel in question is surrounded on three sides by single-family residences. After communicating with Jessie at the city on a couple of occasions and based on a conversation with Mr. Tracy Hoskins of Paradigm Development, I believe I have been able to convey to my elderly parents how the proposed rezoning would likely affect them and their single residence home. My parents and I are concerned about three key issues: 1) the negative effect that the proposed change will have on the value of their property, 2) their ability to continue to have the quiet enjoyment of their home, and 3) the effects that increased traffic will have on their ability to come and go safely on Ozark Trail, since it is essentially an one lane street. It seems beyond dispute that the proposed change from Agriculture/Residential zoning to Urban Throughfare or any other commercial zoning will have a seriously detrimental effect on all three issues. However, because of the lot's frontage on Martin Luther King Blvd, my parents understand that some change is likely, eventually at least, inevitable. After communicating with Mr. Hoskins about his desired use for the property, (a small ice cream shop and cookie store) it does seem to us that the proposed rezoning to Urban Thoroughfare is overkill, and imposes an unnecessary burden on the surrounding single-family neighbors. My parents and I believe that a less burdensome form or commercial zoning designation might be more appropriate, so long as the residential neighbors, including the house at 4333 Ozark Trail are afforded a foliage buffer and privacy fencing to protect the neighboring residential properties from the non-residential property in question. In the alternative, if no buffer is able to be afforded to my parents on the Ozark Trail side of the parcel, then they would hope that the development on the Ozark Trail side of the parcel would be limited to low density residential. Your thoughtful consideration of this matter and the effects that it will have on the homes of the surrounding neighbors is greatly appreciated. Sincerely, Carol L Gregory for James Leon and Helen Gregory Planning Commission April 26,2021 Agenda Item 13 RZN-21-000039 Hoskins Page 11 of 15 From: Helen Gregory [mailto:ilhygregory@aol.com] Sent: Friday, April 23, 20218:48 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Monday committee concerning rezoning if 1.3 ac. On Martin Luther King and West Ozark Trail, Fayetteville, AR. This is from James Leon and Helen Gregory — 4333 W. Ozark Trail. Our daughter, Carol Gregory, has been communicating with the planning committee and Tracy Hoskins about the above rezoning. The property in question is directly in front of our home. We moved here twelve years ago and have enjoyed living on a quiet, dead-end street. The wild -life is such a joy to watch and since we have woods behind our house, there is a lot of privacy and quietness. We strongly hope you will not rezone in such a way as to allow a lot of noise and traffic. If so, we hope for a buffer zone such as trees or shrubs or a fence. We feel that is not asking too much. We know progress is important to any city. We are not against that but we don't want our property value diminished because of a rezoning. We are elderly and so hope to stay here as long as we can. We love it here. Thank you for your consideration. J. Leon Gregory and Helen Gregory Sent from Mail for Windows 10 Agenda Item 13 RZN-21-000039 Hoskins Page 12 of 15 Agenda Item 13 RZN-21-000039 Hoskins Page 13 of 15 Agenda Item 13 RZN-21-000039 Hoskins Page 14 of 15 RZN-2021-000039 Hoskins A& Future Land Use NORTH I 3 I I v �Residential _— --.._I Neighborhood 1 O I 2 I v I I =O + � I I .VA ptN ST Subject Property MR _ �I Aol reighbyrho'od Civic and Private Open Space Natural City Neighborhood — Regional Link - High Activity - Civic Institutional Civic and Private Open Space Regional Link Industrial Planning s Area Feet Natural �- - -i Fayetteville City Limits Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood --- Shared -Use Paved Trail 1 inch = 400 feet Rural Residential - - Trail (Proposed) Urban Center planning Co mi 6 ssion 2021 Agenda Item 13 RZN-21-000039 Hoskins Page 15 of 15 am 1(g Democrat am W wazette �7,-�,.F iE`iILL�, :R c7C?• , 1='C�� FAY ;,96�:-�lg• . lv; `.!r an Cats, 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 6436 Was inserted in the Regular Edition on: May 23, 2021 Publication Charges: $76.00 Brittany Smith Subscribed and sworn to before me This Z4day oWo-, , 2021. OaZL W� Notary Public iI My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC - ARKANSAS My Commission Expires 02-20-2024 Commission No, 12397118 Ordinance: 6436 File Number: 2021-0352 RZN-2021-039 (4300 BLOCK OF MLK BLVD. /HOSKINS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-039 LOCATED AT THE 4300 BLOCK OF MARTIN LUTHER KING BOULEVARD FOR APPROXIMATELY 1.38 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Councilor 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 R-A, Residential Agricultural 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 5/18/2021 Approved: Lioneld Jordan, Mayor Kara Paxton, City Clerk Treasurer 75420973 May 23, 2021