HomeMy WebLinkAboutOrdinance 6452Doc ID: 020006040004 Type: REL
Kind: ORDINANCE
�. Recorded: 07/20/2021 at 01:51:57 PM
Fee Amt: $30.00 Pape I of 4
Washington County, AR
i Kyle Sylvester Circuit Clerk
Fi1e202 1-0002 / 206
113 West Mountain Street ARCH
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Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6452
File Number: 2021-0475
RZN-2021-046 (S.W. OF S. SCHOOL AVE. & W. MLK BLVD./SOUTHYARD
DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-046 LOCATED SOUTHWEST OF SOUTH SCHOOL AVENUE AND WEST MARTIN
LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 2.00 ACRES FROM DG,
DOWNTOWN GENERAL AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO
MS-C, MAIN STREET -CENTER
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 DG, Downtown General and 1- 1, Heavy
Commercial and Light Industrial to MS-C, Main Street -Center.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 7/6/2021
Page 1 Printed on 717121
Ordinance. 6452
File Number: 2021-0475
Approv Attest:
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Lioneld Jo an, yor Kara Paxton, City Clerk Treasurer FgYE
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Page 2 Printed on 7/7/21
RZN-2021-000046 Southyard Development
Close Up View
Neighborhood Link
— Regional Link - High Activity
— Urban Center
Planning Area
Fayetteville City Limits
— — — Shared -Use Paved Trail
Design Overlay District
t•
MARTIN LUTHER
KING , BLVD
Subject Property
W
S
Feet
0 75 150 300 450
1 inch = 200 feet
1
1
I
1
RZN-21-000046
EXHIBIT 'A'
i
1
NORTH
RMF-24
1-1 Heavy Commercial and Light Industrial
C-2
Main Street Center
Downtown General
Community Services
600 P-1
EXHIBIT'B'
RZN-2021-000046
REZONE DESCRIPTION — Parcels 765-05511-000, 765-05512-002, & 765-05512-001
Part of Blocks 15 and 16, Ferguson's Addition to the City of Fayetteville, part of the former
P&GE Railroad right-of-way, and part of those rights -of -way vacated by Ordinance No. 6198 File
2019-20511, by Ordinance No. 6310 File 2020-16312, and by Ordinance 6356 File 2020-35277,
said blocks and rights -of -way all in part of the Northwest Quarter Northeast Quarter (NW1/4
NE1/4) of Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian,
Washington County, Arkansas, the perimeter being more particularly described as follows:
COMMENCING at the northeast corner of Section 21; thence by bearing and distance (basis of
bearing, Grid North), North 86°57'48" West a distance of 1,931.46 feet to the west right-of-way
line of S. School Avenue; thence South 02°20'12" West along said west right-of-way line a
distance of 199.84 feet to the POINT OF BEGINNING; thence South 02'20'12" West continuing
along said west right-of-way line a distance of 289.60 feet; thence leaving said west right-of-
way line, North 87°04'15" West a distance of 279.00 feet; thence North 02°19'48" East a
distance of 149.82 feet; thence South 89'35'28" West a distance of 5.46 feet; thence North
03*23'23" East a distance of 28.53 feet; thence 16.51 feet along the arc of a non -tangent curve
to the left, said curve having a radius of 1146.28 feet and being subtended by a chord bearing
and distance of North 73°51'04" West, 16.51 feet; thence North 02'27'12" East a distance of
106.39 feet; thence South 87'20'12" East a distance of 299.75 feet to the Point of Beginning.
Washington County, qK
I certify this instrument was filed on
07/20/2021 01:51:57 PM
and recorded in Real Estate
File Number 2021-00027206
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0475
Agenda Date: 7/6/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
RZN-2021-046 (S.W. OF S. SCHOOL AVE. & W. MLK BLVD./SOUTHYARD DEVELOPMENT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-046 LOCATED SOUTHWEST OF SOUTH SCHOOL AVENUE AND WEST MARTIN LUTHER
KING JUNIOR BOULEVARD FOR APPROXIMATELY 2.00 ACRES FROM DG, DOWNTOWN
GENERAL AND I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO MS-C, MAIN
STREET -CENTER
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 DG, Downtown General and 1- 1, Heavy Commercial and Light Industrial to
MS-C, Main Street -Center.
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 7/7/2021
City of Fayetteville Staff Review Form
2021-0475
Legistar File ID
7/6/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/18/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000046: Rezone (S.W. OF S. SCHOOL AVE. & W. MLK BLVD./SOUTHYARD DEVELOPMENT, S62): Submitted
by SPECIALIZED REAL ESTATE, INC. for properties located S.W. OF S. SCHOOL AVE. & W. MLK BLVD. The properties
are zoned DG, DOWNTOWN GENERAL and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contain
approximately 2.00 acres. The request is to rezone the properties to MS-C, MAIN
STREET -CENTER.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 6, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: June 18, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000046: Rezone (S.W. OF S. SCHOOL AVE. & W. MILK
BLVD./SOUTHYARD DEVELOPMENT, 562): Submitted by SPECIALIZED REAL
ESTATE, INC. for properties located S.W. OF S. SCHOOL AVE. & W. MLK BLVD.
The properties are zoned DG, DOWNTOWN GENERAL and 1-1, HEAVY
COMMERCIAL AND LIGHT INDUSTRIAL and contain approximately 2.00 acres.
The request is to rezone the properties to MS-C, MAIN STREET -CENTER.
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 property is in south Fayetteville, just south of the intersection of W. Martin Luther King Jr.
Boulevard and S. School Avenue and contains three parcels, 765-05511-000, 765-05512-002,
and 765-05512-001. The property in question is under development as part of the Southyard
project, which incorporates the former Farmer's Co-op Building along W. Martin Luther King Jr.
Boulevard. The site is part of the 71-B Corridor Master Plan, the Walker Park Neighborhood Plan,
and just south of the Downtown Design Overlay District.
Request: The request is to rezone the property to MS-C, Main Street Center. The property is
under a mixed -use development (Southyard) that includes multi -family residential, commercial,
and hotel uses. The applicant intends to bring the entire site under one zoning district.
Public Comment: Staff has not received any public comment.
Land Use Compatibility: Staff finds the request from DG, Downtown General to MSC, Main Street
Center to be compatible. MS-C is a slightly more intense zoning district than DG. While the MS-
C zoning district and DG are similar in that they both offer a build -to -zone along the property's
street frontage, the minimum buildable street frontage requirement is higher in the applicant's
requested MS-C district than in DG, meaning that a greater street presence for buildings is
necessary. From a use perspective, MS-C does offer additional uses that are not currently
permitted in DG, including hotels, additional retail options, and larger retail buildings. However,
staff does not find that any of these uses lend themselves to incompatibility with the surrounding
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
area, given the properties access to infrastructure. MS-C also allows a higher building height,
though implements additional step -back requirements from a public street if a building was to be
developed at 7 stories. Staff also finds that rezoning a portion of the site from 1-1 to MS-C brings
this site into better alignment with its classification as a City Neighborhood Area. Additionally, the
surrounding property is largely commercial and mixed -use residential in nature with immediate
access to alternative transportation options such as the Frisco Trail and the larger Fayetteville
trail network. Transportation options are further broadened by the property's ready access to
public transit, which provides the possibility for reduced single -trip automobile usage.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The property is designated
as a City Neighborhood Area, which indicates an intent for more densely developed residential in
close, connected proximity to commercial and neighborhood services. The high infill score
indicates that a high density and intensity zoning district such as MS-C is justified at the location.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for this
site, with a weighted score of 16. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (Throughout the overall site)
• Near Water Main (S. School Avenue)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Walker Park)
• Near Paved Trail (Razorback Greenway)
• Near ORT Bus Stop (Route 20)
• Near Razorback Bus Stop (Hill Avenue and MLK)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (71 B Corridor, Walker Park Neighborhood Plan, Downtown
Master Plan)
• Near 71 B Corridor (S. School Avenue)
DISCUSSION:
At the June 14, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Sparkman made the motion and
Commissioner Paxton seconded. Commissioners agreed that the rezoning was compatible with
the surrounding areas and the future land use plans for the area. No public comment was offered
on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000046I Southyard Development
Close Up View
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Neighborhood Link
Regional Link - High Activity
Urban Center
Planning Area
�- - -, Fayetteville City Limits
— — — Shared -Use Paved Trail 0 75 150
L --� Design Overlay District
�AKIIN LUTHER
KING JR BLVD
Subject Property
r
Feet
1
1
1
1
_ �`�—---------
300 450 600
1 inch = 200 feet
ST
i
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1
NORTH
RMF-24
1-1 Heavy Commercial and Light Industrial
C-2
Main Street Center
Downtown General
Community Services
P-1
EXHIBIT 'B'
RZN-2021-000046
REZONE DESCRIPTION — Parcels 765-05511-000, 765-05512-002, & 765-05512-001
Part of Blocks 15 and 16, Ferguson's Addition to the City of Fayetteville, part of the former
P&GE Railroad right-of-way, and part of those rights -of -way vacated by Ordinance No. 6198 File
2019-20511, by Ordinance No. 6310 File 2020-16312, and by Ordinance 6356 File 2020-35277,
said blocks and rights -of -way all in part of the Northwest Quarter Northeast Quarter (NW1/4
NE1/4) of Section 21, Township 16 North, Range 30 West, of the Fifth Principal Meridian,
Washington County, Arkansas, the perimeter being more particularly described as follows:
COMMENCING at the northeast corner of Section 21; thence by bearing and distance (basis of
bearing, Grid North), North 86°57'48" West a distance of 1,931.46 feet to the west right-of-way
line of S. School Avenue; thence South 02°20'12" West along said west right-of-way line a
distance of 199.84 feet to the POINT OF BEGINNING; thence South 02°20'12" West continuing
along said west right-of-way line a distance of 289.60 feet; thence leaving said west right-of-
way line, North 87°04'15" West a distance of 279.00 feet; thence North 02°19'48" East a
distance of 149.82 feet; thence South 89°35'28" West a distance of 5.46 feet; thence North
03°23'23" East a distance of 28.53 feet; thence 16.51 feet along the arc of a non -tangent curve
to the left, said curve having a radius of 1146.28 feet and being subtended by a chord bearing
and distance of North 73°51'04" West, 16.51 feet; thence North 02°27'12" East a distance of
106.39 feet; thence South 87°20'12" East a distance of 299.75 feet to the Point of Beginning.
1p".- -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
June 14, 2021 Updated with PC hearing results from 6/14/2021
SUBJECT: RZN-2021-000046: Rezone (S.W. OF S. SCHOOL AVE. & W. MILK
BLVD./SOUTHYARD DEVELOPMENT, 562): Submitted by
SPECIALIZED REAL ESTATE, INC. for properties located S.W. OF S.
SCHOOL AVE. & W. MLK BLVD. The properties are zoned DG,
DOWNTOWN GENERAL and 1-1, Heavy Commercial And Light Industrial
and contain approximately 2.0 acres. The request is to rezone the
properties to MS-C, MAIN STREET -CENTER.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000046 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000046 to City Council with a recommendation of approval."
BACKGROUND:
The property is in south Fayetteville, just south of the intersection of W. Martin Luther King Jr.
Boulevard and S. School Avenue and contains three parcels, 765-05511-000, 765-05512-002,
and 765-05512-001. The property in question contains a former restaurant, and is under
development as part of the Southyards project, which incorporates the former Farmer's Co-op
Building along W. Martin Luther King Jr. Boulevard. The site is part of the 71-B Corridor Master
Plan, the Walker Park Neighborhood Plan, and just south of the Downtown Design Overlay
District. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Mixed -use (Future Phase of Southyard)
MSC, Main Street Center
South
Commercial/Industrial
DG, Downtown General
East
Commercial
DG, Downtown General
West
Undeveloped/Multi-Family Residential
CS, Community Services
Request: The request is to rezone the property to MS-C, Main Street Center. The property is
under development as part of the Southyard project, a mixed -use development that includes multi-
family residential, commercial, and hotel uses. The applicant intends to bring the entire site under
one zoning district.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 1 of 14
Streets: The subject area has frontage along S. School Avenue. S. School Avenue is a fully
improved Regional Link (High Activity) street with asphalt paving, curb and gutter,
and sidewalk. 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. An existing 6-inch water main is
present in the east side of S. School Avenue.
Sewer: Sanitary Sewer is available to the subject area. An existing 12-inch sanitary sewer
main is present on the west side of S. School Avenue.
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 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.6 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.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the site lies within the Hillside -Hilltop Overlay
District, nor within a FEMA floodplain. There is not a protected stream in the area.
Hydric soils are present on the east side of the subject property. Hydric soils are a
known indicator of wetlands. However, for an area to be classified as wetlands, it
may also need other characteristics such as hydrophytes (plants that grow in
water), and shallow water during parts of the year. Hydric Soils can be found
across many areas of Fayetteville, including valleys, floodplains, and open prairies.
It's important to identify these natural resources during development, so when
these soils are identified on a property, further environmental studies will be
required at the time of development. Before permits will be issued for the property
a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal.
Tree Preservation:
The proposed zoning district of MSC, Main Street Center requires 10% minimum
canopy preservation. The current zoning district of DG, Downtown General
requires 10% minimum canopy preservation. The current zoning district of 1-1,
Heavy Commercial And Light Industrial requires 15% 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.
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 2 of 14
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.
The project is also at the convergence of three different master -planned areas: the 71 B Corridor
Plan, the Walker Park Neighborhood Plan, and the Downtown Master Plan.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for this
site, with a weighted score of 16. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center Street)
• Near Sewer Main (Throughout the overall site)
• Near Water Main (S. School Avenue)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Walker Park)
• Near Paved Trail (Razorback Greenway)
• Near ORT Bus Stop (Route 20)
• Near Razorback Bus Stop (Hill Avenue and MLK)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (71 B Corridor, Walker Park Neighborhood Plan, Downtown
Master Plan)
• Near 71 B Corridor (S. School 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. Staff finds the request from DG, Downtown General
to MSC, Main Street Center to be compatible at this location. MSC is a slightly
more intense zoning district than DG. That said, the surrounding property is
largely commercial and mixed -use residential in nature, and has immediate
access to alternative transportation options such as the Frisco Trail and the
larger Fayetteville trail network, as well as access to public transit, which
provides the possibility for reduced single -trip automobile usage. MSC
zoning and DG are similar in that they both offer a build -to -zone along the
property's frontage, though the minimum buildable street frontage
requirement is higher in the applicant's requested MSC district than in DG.
From a use perspective, MSC does offer additional uses that are not
currently permitted in DG; however, staff does not find that any of these uses
lend themselves to incompatibility of the surrounding area, given the
properties access to infrastructure along S. School Avenue. MSC also allows
a slightly higher building height, though does implement additional step -
back requirements if a building was to be developed at 7 stories. Staff also
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 3 of 14
finds that rezoning a portion of the site from 1-1 to MSC brings this site into
better alignment with its classification as a City Neighborhood Area.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a City Neighborhood Area, which
indicates an intent for more densely developed residential in close,
connected proximity to commercial and neighborhood services. The high
infill score, as well as the high weighted infill score also indicate that a high
density and intensity zoning district such as MSC is justified at the location.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from DG to MSC at the site is justified. Staff finds that the request
is still in line with long-term land use plans for the area, including
compatibility with the 71-B Master Plan and the Walker Park Neighborhood
Plan. Staff also finds that bringing the entire development site into one
compatible zoning district will bring consistent regulations to the
development moving forward.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from DG to MSC would not likely appreciably increase
traffic at this site. The property has frontage along S. School Avenue, which
is currently under plans for redevelopment by the City, and is classified as a
Regional Link — High Activity street, which is meant to absorb a traffic
volume of 17,600 vehicles per day. Given the only slight difference in
permitted uses between the zoning districts, and the immediate proximity to
alternative transportation options, staff finds the available infrastructure
could absorb redevelopment under this proposed zoning change.
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 DG to MSC would not likely alter the population
density undesirably. Given the availability of water and sewer to the site, and
the proximity to a Regional High -Activity Link Street such as S. School
Avenue, staff finds that the available infrastructure could likely absorb the
impact that this zoning change would bring. The school district did not
comment on this request.
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;
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 4 of 14
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 approval of RZN-2021-000046.
PLANNING COMMISSION ACTION: Required YES
Date: June 14, 2021 O Tabled M Forwarded O Denied
Motion: Sparkman, recommending approval
Second: Paxton
JVote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.27 Main Street/Center
o §161.28 Downtown General
o §161.30 District 1-1, Heavy Commercial And Light Industrial
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.27 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more
spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as
apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time
are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily
residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a
commercial zone.
(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
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 5 of 14
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
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 stores
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 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
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 all unit types) 18 feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 1 5 stories/7 stories*
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 6 of 14
A building or a portion of a building that is located between 0 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 a portion of a
building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum
height of seven (7) stories.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; 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, 7-9, 1-17-17;
Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19)
161.28 Downtown General
(A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and
dynamic range of uses, from public open spaces to less intense residential development and businesses. For
the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone.
(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 laces
Unit 15
Neighborhood shopping goods
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 oods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 7 of 14
(1) Lot Width Minimum.
Dwelling all unit types) 18 feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Minimum Buildable Street Frontage. 50% of lot width.
(G) Building Height Regulations.
Building Height Maximum 5 stories
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; 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)
161.30 District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this
district are intended to provide a degree of compatibility between uses permitted in this district and those in
nearby residential districts.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating laces
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 8 of 14
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
1 Mini -storage units
Unit 43
1 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts
50 feet
Front, when adjoining C, I, or P districts
25 feet
Side, when adjoining A or R districts
50 feet
Side, when adjoining C, I, or P districts
10 feet
Rear
25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; 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.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 5982 , §1, 6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
Planning Commission
June 14, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 9 of 14
SPECIALIZED
May 4, 2021
To Whom It May Concern:
REAL
ESTATE
GROUP
This is a request to rezone parcels 765-05511-000, 765-05512-002, and 765-05512-001 from
Downtown General to Main Street Center.
The majority of our project, South Yard, is currently zoned MSC (Main Street Center), with the
exception being these southern -most parcels listed above, which are currently designated as
DG (Downtown General). When possible, it is preferable to have a single zoning classification
for an entire development project.
This change in zoning will be compatible with the neighboring properties and will bring the
property into conformance with the rest of our South Yard project. This rezoning request will
not adversely affect the neighboring parcels nor conflict with the surrounding land uses.
Sincerely,
Jeremy Hudson
CEO, Specialized Real Estate Group
Planning Commission
15 N. Church Avenue, Suite 103, Fayetteville, AR 72701 June 14, 2021
WWW.SPECIALIZEDREG.COM Agenda Item 10
RZN 21-000046 Southyard
Page 10 of 14
RZN-2021-000046
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Agenda Item 10
RZN 21-000046 Southyard
Page 11 of 14
RZN-2021-000046I Southyard Development
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Planning Co mission
4, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 12 of 14
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Planning Co mission
4, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 13 of 14
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Planning Co mission
4, 2021
Agenda Item 10
RZN 21-000046 Southyard
Page 14 of 14
Democrat a ett e
R!2 BOX 1607, =AYEi; E`J+LLE, AR, 721C2. 479-443.11('C -FAX 179-695-1118 • %AA?AA4/3tiWAD G.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 6452
Was inserted in the Regular Edition on:
July 11, 2021
Publication Charges: $91.20
d..�ft : ,,
Brittany Smith
Subscribed and sworn to before me
This 12 day of A_� , 2021.
&ZL W
Notary Public
My Commission Expires: 2—)
**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: 6452
File Number: 2021-0475
RZN-2021-046 (S.W. OF S. SCHOOL
AVE. & W. MLK
BLVD./SOUTHYARD
DEVELOPMENT):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-046
LOCATED SOUTHWEST OF SOUTH
SCHOOL AVENUE AND WEST
MARTIN LUTHER KING JUNIOR
BOULEVARD FOR
APPROXIMATELY 2.00 ACRES
FROM DG, DOWNTOWN GENERAL
AND 1-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL TO MS-C,
MAIN STREET -CENTER
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 DG,
Downtown General and 1-1, Heavy
Commercial and Light Industrial to MS-
C, Main Street -Center.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on 7/6l2021
Approved:
Lioneld Jordan, Mayor
Kara Paxton, City Clerk Treasurer
15439086 July 11, 2021