HomeMy WebLinkAboutOrdinance 6453INIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020006050064 Ty IIIIIIIIIIIIIIIIIIIIIIIII
Kind: ORDINANCE REL
Recorded: 07/20/2021 at 01:52:16 PM
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Y, AR 1 of 4
KyleWasSylvester Circuit
\\•� ��/ File 2021�ooOClerk
27207
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6453
File Number: 2021-0470
RZN-2021-047 (NORTH OF 2619 N. QUALITY LN./SOURCES FOR COMMUNITY
INDEPENDENT LIVING):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-047 LOCATED NORTH OF 2619 NORTH QUALITY LANE FOR APPROXIMATELY
2.00 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24
Units Per Acre to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 7/6/2021
Page 1 Printed an 7/7/21
Ordinance. 6453
File Number 2021-0470
Attest:
CLER K,/ T oii,.
CITY'•�F9'%
Kara Paxton, City Clerk Treas&er. FI
=z % 'FV144f .
Page 2 Printed on 717121
RZN-21-000047
EXHIBIT 'B'
Survey Description
A part of the Northwest Quarter of the Southeast Quarter, Section 34, Township 17 North, Range 30
West of the Fifth Principal Meridian in Washington County Arkansas and more particularly described as
follows:
Commencing at a one-half inch (1/2") rebar with PS 1005 cap being accepted as the Northwest Corner of
the Southeast Quarter, Section 34: thence along the north line of the Southeast Quarter South
87°23'45" East a distance of 694.64 feet to a one-half inch (1/2") rebar; thence South 02°28'52" West a
distance of 845.12 feet to a five -eighths inch (5/8") rebar marking the Southwest Corner of Lot 1, WRMS
Medical Billing Office Plat, filed for record as File 24-159 and the Point of Beginning; thence along the
south line of said Plat, South 87°26'46" East a distance of 397.62 feet to the west line of Warranty Deed
File 2009-25826 filed for record on August 7, 2009 and being the west right-of-way of North Quality
Lane; thence along said right-of-way, South 03°49'25" East a distance of 213.51 feet; thence departing
said right-of-way, North 87°29'27" West a distance of 421.07 feet to a cut cross in a retaining wall;
thence North 02°28'52" East a distance of 212.52 feet to the Point of Beginning, containing 1.996 acres.
Washington county, AK
I certify this instrument was filed on
07/20/2021 01:52:16 PM
and recorded in Real Estate
File Number 2021-00027207
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0470
Agenda Date: 7/6/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.5
RZN-2021-047 (NORTH OF 2619 N. QUALITY LN./SOURCES FOR COMMUNITY
INDEPENDENT LIVING):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-047 LOCATED NORTH OF 2619 NORTH QUALITY LANE FOR APPROXIMATELY 2.00
ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to CS, Community
Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 7/7/2021
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2021-0470
Legistar File ID
7/6/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/18/2021 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2021-000047: Rezone (NORTH OF 2619 N. QUALITY LN./SOURCES FOR COMMUNITY INDEPENDENT LIVING,
289): Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property located NORTH OF 2619 N. QUALITY LN.
The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY-24 UNITS PER ACRE and contains
approximately 2.00 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
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-2021-000047: Rezone (NORTH OF 2619 N. QUALITY LN./SOURCES FOR
COMMUNITY INDEPENDENT LIVING, 289): Submitted by MORRISON
SHIPLEY ENGINEERS, INC. for property located NORTH OF 2619 N. QUALITY
LN. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY-24 UNITS
PER ACRE and contains approximately 2.00 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 north Fayetteville and is approximately 1000 feet to the southwest of
the intersection of N. Gregg Avenue and W. Drake Street. Containing approximately 2.0 acres,
the property is currently undeveloped. In 2016, the property owner obtained a conditional use
permit to operate an office building, Use Unit 25, within the current RMF-24, Residential Multi -
Family, 24 Units per Acre, zoning district. The conditional use permit has since expired, and the
applicant is now requesting to rezone the property.
Request: The request is to rezone the property to CS, Community Services. The applicant has
not submitted any additional development plans, but has indicated an intent to develop offices,
classrooms, training, and meeting space for individuals and families affected by disabilities.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility: The property is in between residential multi -family to the south, and a
large office building to the north. The property to the south is currently zoned RMF-24, Residential
Multi -Family, and the property to the north is currently zoned CS. A rezoning to CS would allow
additional uses by -right that are not permitted by -right in RMF-24, such as offices, government
facilities, and cultural and recreational facilities. That said, staff finds that the uses permitted by -
right in CS are largely compatible at this location. While CS does allow taller buildings by right (5
stories), the build -to -zone associated with CS is setback slightly from the street to accommodate
this. CS also brings additional permitted uses such as eating places and neighborhood shopping
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
that could potentially be of service to the surrounding residential multi -family, even if that is not
the developer's intent at this time. The property is also close to the Scull Creek trail and greater
trail network within the City of Fayetteville and the region, which also somewhat minimizes
concern for potential negative traffic impacts.
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. While the infill score is
moderate, this zoning request has the potential to meet goal #3, by bringing additional services
to an area that already has residential multi -family structures in place, and growing the potential
for a more compact, complete, and connected development pattern.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this
site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 4, 3385 N. Plainview Rd)
• Near Sewer Main (East side of N. Quality Lane)
• Near Water Main (North and south side of property)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Razorback Route 26)
• Appropriate Future Land Use (City Neighborhood Area)
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 large amount of residential
housing in the area merited additional potential for services. Additionally, Commissioner comment
was made that access to the nearby trail and transit made the property ideal for development. No
public comment was offered on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
Survey Description
A part of the Northwest Quarter of the Southeast Quarter, Section 34, Township 17 North, Range 30
West of the Fifth Principal Meridian in Washington County Arkansas and more particularly described as
follows:
Commencing at a one-half inch (1/2") rebar with PS 1005 cap being accepted as the Northwest Corner of
the Southeast Quarter, Section 34: thence along the north line of the Southeast Quarter South
87°23'45" East a distance of 694.64 feet to a one-half inch (1/2") rebar; thence South 02°28'52" West a
distance of 845.12 feet to a five -eighths inch (5/8") rebar marking the Southwest Corner of Lot 1, WRMS
Medical Billing Office Plat, filed for record as File 24-159 and the Point of Beginning; thence along the
south line of said Plat, South 87°26'46" East a distance of 397.62 feet to the west line of Warranty Deed
File 2009-25826 filed for record on August 7, 2009 and being the west right-of-way of North Quality
Lane; thence along said right-of-way, South 03°49'25" East a distance of 213.51 feet; thence departing
said right-of-way, North 87°29'27" West a distance of 421.07 feet to a cut cross in a retaining wall;
thence North 02°28'52" East a distance of 212.52 feet to the Point of Beginning, containing 1.996 acres.
1p".- -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
June 14, 2021
SUBJECT: RZN-2021-000047: Rezone (NORTH OF 2619 N. QUALITY
LN./SOURCES FOR COMMUNITY INDEPENDENT LIVING, 289):
Submitted by MORRISON SHIPLEY ENGINEERS, INC. for property
located NORTH OF 2619 N. QUALITY LN. The property is zoned RMF-24,
RESIDENTIAL MULTI FAMILY-24 UNITS PER ACRE and contains
approximately 2.00 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000047 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000047 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville and is approximately 1000 feet to the southwest of
the intersection of N. Gregg Avenue and W. Drake Street. Containing just shy of 2.0 acres, the
property is currently undeveloped. In 2016, the property owner obtained a conditional use permit
to operate an office building, Use Unit 25, within the current RMF-24, Residential Multi -Family, 24
Units per Acre, zoning district. The conditional use permit has since expired, and the applicant is
now requesting to rezone the property. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial/Offices
CS, Community Services
South
Residential Multi -Family
RMF-24, Residential Multi -Family, 24 Units per Acre
East
Undeveloped/Scull Creek Trail
RMF-24, Residential Multi -Family, 24 Units per Acre
West
University of Arkansas (Agricultural)
R-A, Residential Agricultural
Request: The request is to rezone the property to CS, Community Services. The applicant has
not submitted any additional development plans, but has indicated an intent to develop offices,
classrooms, training, and meeting space for individuals and families affected by disabilities.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Quality Lane. N. Quality Lane is a Fully
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 1 of 14
improved Residential Link 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 8-inch water main is
present in the north of the subject property. An existing 8-inch water main is also
present in the south of the subject property.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present on the east side of N. Quality Lane.
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 4, located at 3385 N. Plainview Rd, protects this site. The property is
located approximately 1.9 miles from the fire station with an anticipated drive time
of approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 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. Floodplain is present on the east side of the subject property.
A floodplain development a floodplain development review will be required at the
time of permit or plan submittal. This will restrict the type of development and
impact in flood zones; and may require additional documentation such as flood
studies or elevation certificates depending on the type of development. If a
development impacts a floodplain, those impacts may require review and approval
from FEMA.
There is also a Streamside Protection Zone along the east side of the subject
property. Streamside Protection Zones generally consists of a protected area on
each side of a stream or creek. This "protected area" is meant to preserve woody
vegetation and natural areas along stream corridors to improve/protect stream
health. At a minimum, it will be 50ft wide as measured from the top of bank but
depending on the shape and extents of the floodway, it could be substantially
more. Certain construction activities such as trails and some utilities are allowed
in these zones, but in general, improvements such as parking lots or buildings are
prohibited.
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
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 2 of 14
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 CS, Community Services requires 20% minimum
canopy preservation. The current zoning district of RMF-24, Residential
Multifamily, 24 Units per Acre, requires 20% 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 ranging score of 6-7
for this site, with a weighted score of 8. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station 4, 3385 N. Plainview Rd)
• Near Sewer Main (East side of N. Quality Lane)
• Near Water Main (North and south side of property)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Razorback Route 26)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The property is in between residential multi -family
to the south, and a large office building to the north. The property to the
south is currently zoned RMF-24, Residential Multi -Family, and the property
to the north is currently zoned CS. A rezoning to CS would allow additional
uses by -right that are not permitted by -right in RMF-24, such as offices,
government facilities, and cultural and recreational facilities. That said, staff
finds that the uses permitted by -right in CS are largely compatible at this
location. While CS does allow taller buildings by right (5 stories), the build -
to -zone associated with CS is setback slightly from the street to
accommodate this. CS also brings additional permitted uses such as eating
places and neighborhood shopping that could potentially be of service to
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 3 of 14
the surrounding residential multi -family, even if that is not the developer's
intent at this time. The property is also close to the Scull Creek trail and
greater trail network within the City of Fayetteville and the region, which also
somewhat minimizes concern for potential negative traffic impacts.
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. While the
infill score is moderate, this zoning request has the potential to meet goal
#3, by bringing additional services to an area that already has residential
multi -family structures in place, and growing the potential for a more
compact, complete, and connected development pattern.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RMF-24 to CS is justified to bring the area into agreement with
the "City Neighborhood" designation at this site, which would allow more
non-residential uses by right and lead to a more compact, complete, and
connected neighborhood in this area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RMF-24 to CS does have the potential to
appreciably increase traffic at this site. Bringing more services to the area
does have the potential to increase congestion, and it is worth noting that N.
Quality Lane is a dead-end street. That said, close access to the trail network,
as well as the opportunity to bring a mix of uses to the area which could
potentially cut down on automobile trips does somewhat alleviate 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 RMF-24 to CS could potentially increase the
population density in the area. CS does not have a density maximum, should
residential uses be developed on the site, which is different from the current
RMF-24 zoning. That said, under the current district, given that the site is 2
acres, 48 additional units of housing could potentially be built on the site
under the current zoning district.
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 11
RZN 21-000047 Sources
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-2021-000047.
PLANNING COMMISSION ACTION: Required YES
Date: June 14, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
O Tabled O Forwarded O Denied
Attachments:
• Unified Development Code:
o §161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
o §161.22 Community Services
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
1 Accessory dwellings
Unit 44
1 Cluster Housing Development
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 5 of 14
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 1 3,000 square feet
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories"
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 6 of 14
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 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 side 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) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 7 of 14
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
1 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:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 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; Ord. No. 6409 §1, 2-2-21)
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 8 of 14
MORRISON
SHIPLEY
May 5, 2021
Fayetteville Planning Department
125 W. Mountain Street
Fayetteville, Arkansas 72701
Re: Rezoning Request Letter
Sources for Community Independent Living Services
North Quality Lane
Fayetteville, AR
Planning Division:
SOURCES for Community Independent Living is proposing to develop a piece of property
located on North Quality Lane, north of The Village at Scull Creek Apartments. The property is
currently zoned Residential Multi -Family 24 units per Acre (RMF-24). The proposed development
requires rezoning to Community Services (CS). SOURCES provides services, support, and
advocacy for individuals with disabilities, their families, and the community. The proposed
facility is intended to upgrade and expand their current facility at 1918 N. Birch Avenue,
Fayetteville, AR.
The proposed development will include a 2-story building (approximately 15,000 SF) along with
associated parking and vehicle maneuvering areas. The square footage of the building is
categorized by two main functions. The second story will house all faculty offices and meeting
spaces. The lower level will include multi -functional areas to be used for classes and training for
individuals and families affected by disabilities.
As stated above, the property is currently zoned as Residential Multi -Family 24 units per Acre
(RMF-24). In 2016, the owners applied, and were approved for, a Conditional -Use permit to
operate a similar facility on the property under the current zoning designation. However,
circumstances at the time prevented them from moving forward with construction. In 2020,
Morrison -Shipley was invited to join the design team to continue the development. After
conversations with the City of Fayetteville Planning Department, as well as the owners/design
team, it has been determined that rezoning to Community Services (CS) better fits the
proposed land use. The surrounding properties are zoned RMF-24 (Scull Creek Apartments), CS
rmmission
une 14, 2021
genda Item 11
RZN 21-000047 Sources
Page 9 of 14
May 51", 2021
Page 2 of 2
(Washington Regional Business Offices) and R-A (University of Arkansas Property). The
proposed rezoning of SOURCES property will not be in conflict with the surrounding land uses.
Please feel free to contact me if you have any questions, concerns, or need me to provide
anything further.
Sincerely,
Morrison -Shipley Engineers, Inc.
Allen Deaver, E.I.
Project Engineer
Planning Commission
June 14, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 10 of 14
RZN-2021-000047 SOURCES for Community
One Mile View Independent Living NORTH
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PLANNED ZONING DISTRICTS
commercial. Intl-1, Resmem,ei
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2021
Agenda Item 11
RZN 21-000047 Sources
Page 11 of 14
RZN-2021-000047 SOURCES for Community
Close Up View Independent Living
,
,
Subject Property
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Proposed CS 7^
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Zoning Acres
CS 1.8
Neighborhood Link
Trail (Proposed) Feet
Planning Area 0 75 150 300 450 600
9
Fayetteville City Limits 1 inch = 200 feet Total 1.8
Planning
ssion
2021
Agenda Item 11
RZN 21-000047 Sources
Page 12 of 14
RZN-2021-000047 SOURCES for Community A&
Current Land Use Independent Living NORTH
pip
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g
Fayetteville City Limits
Feet
0 55 110 220 330
1 inch = 150 feet
440
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
Planning Conlmission
—j6-R@ 44, 2021
Agenda Item 11
RZN 21-000047 Sources
Page 13 of 14
RZN-2021-000047 SOURCES for Community A&
Future Land Use Independent Living NORTH
1 \
Urban Center CiYI'c and Private
------ ,-----___ Open Space
DRAKE ST---�
Non -Muni ipal
nt
Neighborhood Link
Planned Neighborhood Link
ff Planned Residential Link
Planning Area
�- - -i Fayetteville City Limits
- - - Trail (Proposed)
City r /�
Mighborhood ll
Proposed CS
Subject Property
Feet
0 112.5 225 450 675
1 inch = 300 feet
1
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1
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City Neighborhood
IIII� Civic Institutional
Civic and Private Open Space
Industrial
IIII� Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
ssion
2021
Agenda Item 11
RZN 21-000047 Sources
Page 14 of 14
NORTHWEST ARKANSAS Ordinance:6453
(Jaztt File Number: 2021-0470
mocrt `1' RZN-2021-047 (NORTH OF 2619 N.
iii V` ii� WW QUALITY LNISOURCES FOR
COMMUNITY INDEPENDENT
P C 30X 1E07.7AYETTEV4.LE,AR,727C2.479.4..2-170C•FAX 479-(395-IP.3• WWW.NWADG.cCM LIVING):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-047
LOCATED NORTH OF 2619 NORTH
AFFIDAVIT OF PUBLICATION QUALITY LANE FOR
APPROXIMATELY
2.00 ACRES FROM RMF-24,
I,Brittany Smith, solemnly do swear that I am the Accounting Legal Clerk of the RESIDEUNITS PERNTIALACRE MULTI-FAMILYTOCS ,24
,
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and COMMUNITY SERVICES
published in said County, State of Arkansas;that I was so related to this CE IN COUNCILOR OF THE BY THE CITY
OF CITY OF
publication at and during the publication of the annexed legal advertisement FAYETTEVILLE,ARKANSAS:
the matter of:Notice pending in the Court, in said County, and at the dates of CitySect of I: That the City anhe ebhe
City of Fayetteville,Arkansas hereby
the several publications of said advertisement stated below,and that during said changes the zone classification of the
periods and at said dates, said newspaper was printed and had a bona fide a shown r the n(E(Exhibit A)
andd the
he l legal desccription(Exhibit B)
circulation in said County;that said newspaper had been regularly printed and both attached to the Planning
published in said County,and had a bona fide circulation therein for the period of 224,p es a ntsial Meul�Fami y 24 nits
F-
one month before the date of the first publication of said advertisement; and that Per Acre to CS,Community Services.
said advertisement waspublished in the regular dailyissues of said newspaper Section 2: That the City Council hereby
as stated below, amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
City of Fayetteville PASSED and APPROVED on 7/6/2021
Ord 6453 Approved:
Lioneld Jordan,Mayor
Attest:
KarWas inserted in the Regular Edition on: 754390883 Paxton,City,202 Treasurer
July 11,2021 July 11,2021
Publication Charges: $85.12
Brittany Smith
Subscribed and sworn to before me Cathy Wiles
This Iz day of ,2021. Benton COUNTY
NOTARY PUBLIC-ARKANSAS
1' My Commission Expires 02 20-2024
Commission No. 12397118
Notary Public
My Commission xpires: 21244
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.