Loading...
HomeMy WebLinkAboutOrdinance 6453INIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020006050064 Ty IIIIIIIIIIIIIIIIIIIIIIIII Kind: ORDINANCE REL Recorded: 07/20/2021 at 01:52:16 PM may_ Fee inpto$30.00tPa 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 P-1 0 0.125 0.25 0.5 Miles i 1 FULBRIGHT,EXP`i , 1 -4 i --- UT 1 1 1 1 1 RI-12 1 DRAKE'ST_ J*_1_ Subject Property ter D 1 ■ ',1 1 t / c-z WISE ST 1-� W 1 � 1 Q 1 � a, 1 � —----M---- —� ■ ■ ■ ■ Regional Link _ _ I - I Zoning RESIDENTIAL SINGLE-FAMILY f♦ L2 Gener9 IMustriel E%TRACTION Neighborhood LinkCOMMERCIAInstitutional - Master Plan -Re—neat-- NSL Regional Link -High Activity ❑ f♦Reamenual-Pgriculwral r•c2 �y Freewa /Ex presswayRSF-1 FORM BASED DISTRICTS Planned Neighborhood LinkDownwwn coreRSF-4 Urban T—g1l, Planned Residential Link <Limits RSF-1 �nnin sl tame, DShared-Use Paved TrailRESIDENTIAL MULTIFAMILY NeigbboTootl servicesTrail(Proposed) Q-1 �Neignti.. ticonservatlon Design Overlay District i - - - - - RMF-12 -1 a PLANNED ZONING DISTRICTS commercial. Intl-1, Resmem,ei Fayetteville City Limits Pla I_____I__r f♦RMF-24 �4oPlanningArea INSTITUTIONAL Fa Y-- i�—IINDUSTRIALPlanning �f Heary Cw menial antl LigM1tlNus el Co m 4. ssion 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 �. Proposed CS 7^ 1 � � R-A F C 1 C RMF-24 1 9 1 GF GE r< --------- CASSATT•ST � ✓oCF�� <N C-2 NORTH 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 3 .r r. • � r� : � —•� 1 y e LN 1 Vf� Institutional MEADE r[� ST * ,;► I o- G Agricultural Subject Property ' � �JF ci a w - - � 01. m. N I �, W ' NC BOWERS r RFF'`r r } Multi -Family Residential �^ DIY.. 'i � x .K ..':•. ...Y �� iP•. , Cross Creek TrailST �= CASSATT-ST CASS r Neighborhood Link Trail (Proposed) Planning Area 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 � 1 1 1 1 1 1 •11 I 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.