HomeMy WebLinkAboutOrdinance 6454Doc ID. 020006060004 Type. REL
--�
Kind: ORDINANCE
Recorded: 07/20/2021 at 01:52:32 PM
Fee Amt: $30.00 Page 1 of 4
Washington County, AR
Kyle SVlvesteer Circuit Clerk
File2021-00027208
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
ARCHIVE
Ordinance: 6454
File Number: 2021-0474
RZN-2021-048 (956 W. CATO SPRINGS RD./REYNOLDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-048 LOCATED AT 956 WEST CATO SPRINGS ROAD FOR APPROXIMATELY 0.50
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND I-1,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD
SERVICES -GENERAL
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 RSF-4, Residential Single Family, 4 Units
Per Acre and I-1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General.
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 7/7/21
Ordinance. 6454
File Number 2021-0474
Attest:
0 v-R KI /•rR ����.
Kara Paxton, City Clerk Treasurer : FAYC� I
/Of ;;
Page 2 Printed on 717121
RZ N-2021-000048 Reynolds RZN-21-000048
Close Up View EXHIBIT 'A'
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Subject Property
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NS-G 1
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CATO SPRINC
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- Neighborhood Link
Planning Area
Fayetteville City Limits
Feet
0 75 150 300 450
1 inch = 200 feet
0
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NORTH
Zoning Acres
NS-G 0.5
Total 0.5
RZN-21-000048
EXHIBIT 'B'
LEGAL DESCRIPTION
VOID FOR 2016 & FOLLOWING YEARS PT SW SW 0.19A FURTHER DESCRIBED AS: Part of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-one (21) in Township Sixteen
(16) North of Range Thhiy (30) West, beginning at a point 385 feet East of the Sonthwest corner of said
40 acre tract, and rnnning North 150 feet, thence East 57 feet, thence South 150 feet, thence West 57
feet to the point of beginning. LESS AND EXCEPT: commencing at the Southwest corner of the aforesaid
forty (40) acre tract; thence along the South line of said tract South 87 degrees 13 minutes 23 seconds
East 385.00 feet to the point of beginning being on the West line of a property described in Instrument
Number 2006- 29868 as recorded with the Circuit Clerk of said County, thence along said west line North
02 degrees 59 minutes East 31.78 feet; thence South 87 degrees 29 minutes 34 seconds East 57.00 feet
to the East line of said property; thence along said East line South 02 degrees 59 minutes 00 seconds
West 32.04 feet to the South line of said forty (40) acre tract; thence along said South line North 87
degrees 13 minutes 23 seconds West 57.00 feet to the point of beginning, containing 1819 square feet,
more or less. Subject to easements and right-of-ways of record. LESS AND EXCEPT that portion deeded
to the City of Fayetteville in Book 704, page 167-168, as recorded with the Circuit Clerk, containing 549
square feet.
Washington County, AR
I certify this instrument was filed on
07I2012021 01:52:32 PM
and recorded in Real Estate
File Number 2021-00027208
Kyle Sylvester - Circuit Clerk
b
Y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0474
Agenda Date: 7/6/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
RZN-2021-048 (956 W. CATO SPRINGS RD./REYNOLDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-048 LOCATED AT 956 WEST CATO SPRINGS ROAD FOR APPROXIMATELY 0.50 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND I-1, HEAVY
COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD SERVICES -GENERAL
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 RSF-4, Residential Single Family, 4 Units Per Acre and 1- 1, Heavy
Commercial and Light Industrial to NS-G, Neighborhood Services -General.
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
2021-0474
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-2021-000048: Rezone (956 W. CATO SPRINGS RD./REYNOLDS, 600): Submitted by GARRISON RODDEY for
property located at 956 W. CATO SPRINGS RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contains approximately 0.50 acres. The
request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES -GENERAL.
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
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: June 18, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000048: Rezone (956 W. CATO SPRINGS RD./REYNOLDS, 600):
Submitted by GARRISON RODDEY for property located at 956 W. CATO
SPRINGS RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PERACRE and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and
contains approximately 0.50 acres. The request is to rezone the property to NS-G,
NEIGHBORHOOD SERVICES -GENERAL.
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 proposed rezoning request is for approximately 0.50 acres at 956 W. Cato Springs Road,
approximately one-half mile east of the intersection of W. Cato Springs Road and S. Razorback
Road. The property is currently split -zoned 1-1, Heavy Commercial and Light Industrial and RSF-
4, Residential Single-family, 4 Units per Acre, and has an existing residence built in 1964 on site.
Along the property's eastern boundary is municipal land, through which runs the Cato Springs
Trail.
Request: The request is to rezone the subject property, approximately 0.50 acres, from 1-1, Heavy
Commercial and Light Industrial and RSF-4, Residential Single-family, 4 Units per Acre, to NS-G,
Neighborhood Services — General. The applicant has not shared a specific development intent
other than indicating they plan development that would encourage continued and increased use
of the Cato Springs Trail.
Public Comment: Prior to the Planning Commission meeting, staff received a resident inquiry with
concerns about potential drainage issues that future development could pose. The neighbor
spoke during the Planning Commission meeting to reiterate concerns with stormwater. Following
the Planning Commission meeting, a resident of the nearby Emma Avenue contacted staff stating
their support.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns
in this area, which contains a mixture of industrial, office, and residential uses. A daycare, mental
health clinic, University of Arkansas Research and Technology Park, Tyson Plant, Washington
County South Campus, and Cato Springs Trail are all within a half mile of the property. A variety
of housing is present in the half mile radius as well, including single- and multi -family dwellings
and two manufactured home parks. Despite the abundance of employment and residential uses
in the vicinity, there are not many retail or neighborhood services. The uses allowed in the NS-G
zoning district provide residential uses by -right that are of a scale that fits with the neighboring
properties. Dwellings are limited to a maximum of four -family units of not more than three stories.
The commercial allowances provide small- to medium -scale retail and services that would
encourage a pedestrian -oriented neighborhood form. The existing residential use of the property
is allowed under both the proposed and existing zoning. Finally, the property is ideally situated
next to the Cato Springs Trail. Any future tenants, residential or commercial, have a built-in means
of accessing further reaches of the City by alternative means due to its proximity.
Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map
designation of this property as a City Neighborhood Area. The NS-G zoning district at this location
will encourage a pattern of development that includes an expectation that buildings will address
the street and non-residential uses be located along major corridors and at corner locations. A
mixture of residential and commercial uses is typical in a traditional urban form. Staff finds
rezoning to NS-G will encourage an environment that is appealing to pedestrians and reduce the
visual impact of parking areas. The property is part of the Fayette Junction Master Plan, which in
illustrative form does not indicate much change at the site. That said, the property has many
elements of the infill matrix, indicating that the site is appropriate for an increased density in
housing or incremental commercial uses, which also meets goals 1, 3, and 6 of City Plan 2040,
making infill a priority and opening up opportunities for attainable housing.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 6-7 for
this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #6, 900 S. Hollywood Avenue)
• Near Sewer Main (W. Cato Springs Road)
• Near Water Main (W. Cato Springs Road)
• Near City Park (Greathouse Park)
• Near Paved Trail (Cato Springs Trail)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood and Fayette Junction Neighborhood
Plan)
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 Belden seconded. Commissioners acknowledged concerns about the adjacency
of the property to the Cato Springs Branch. Commissioners discussed the development
requirements associated with projects in flood hazard areas and regulatory floodways that
encompass the site. Ultimately, the Commission agreed that the zoning request is compatible
with future land use plans for the area.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000048
Close Up View
Neighborhood Link
Reynolds
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Zoning Acres
NS-G 0.5
Planning Area 0 75 150 300 450 600
9
Fayetteville Cit Limits 1 inch = 200 feet Total 0.5
,___, Y Y
LEGAL DESCRIPTION
VOID FOR 2016 & FOLLOWING YEARS PT SW SW 0.19A FURTHER DESCRIBED AS: Part of the Southwest
Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-one (21) in Township Sixteen
(16) North of Range Thhiy (30) West, beginning at a point 385 feet East of the Sonthwest corner of said
40 acre tract, and rnnning North 150 feet, thence East 57 feet, thence South 150 feet, thence West 57
feet to the point of beginning. LESS AND EXCEPT: commencing at the Southwest corner of the aforesaid
forty (40) acre tract; thence along the South line of said tract South 87 degrees 13 minutes 23 seconds
East 385.00 feet to the point of beginning being on the West line of a property described in Instrument
Number 2006- 29868 as recorded with the Circuit Clerk of said County, thence along said west line North
02 degrees 59 minutes East 31.78 feet; thence South 87 degrees 29 minutes 34 seconds East 57.00 feet
to the East line of said property; thence along said East line South 02 degrees 59 minutes 00 seconds
West 32.04 feet to the South line of said forty (40) acre tract; thence along said South line North 87
degrees 13 minutes 23 seconds West 57.00 feet to the point of beginning, containing 1819 square feet,
more or less. Subject to easements and right-of-ways of record. LESS AND EXCEPT that portion deeded
to the City of Fayetteville in Book 704, page 167-168, as recorded with the Circuit Clerk, containing 549
square feet.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: June 14, 2021
SUBJECT: RZN-2021-000048: Rezone (956 W. CATO SPRINGS RD./REYNOLDS,
600): Submitted by GARRISON RODDEY for property located at 956 W.
CATO SPRINGS RD. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50
acres. The request is to rezone the property to NS-G, NEIGHBORHOOD
SERVICES -GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000048 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000048 to City Council with a recommendation for approval."
BACKGROUND:
The proposed rezoning request is for approximately 0.50 acres at 956 W. Cato Springs Road,
approximately a half mile east of the intersection of W. Cato Springs Road and S. Razorback
Road. The property is currently split -zoned 1-1, Heavy Commercial and Light Industrial and RSF-
4, Residential Single-family, 4 Units per Acre, and has an existing residence built in 1964 on site.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
LifeSource Counseling
1-1, Heavy Commercial and Light Industrial; P-1,
Institutional
South
Undeveloped
1-1, Heavy Commercial and Light Industrial
East
Cato Springs Trail
1-1, Heavy Commercial and Light Industrial
West
Single-family Residential
1-1, Heavy Commercial and Light Industrial
Request: The request is to rezone the subject property, approximately 0.50 acres, from 1-1, Heavy
Commercial and Light Industrial and RSF-4, Residential Single-family, 4 Units per Acre to NS-G,
Neighborhood Services — General. The applicant has not shared a specific development intent
other than indicating they would prefer to see a development that would encourage continued and
increased use of the Cato Springs Trail.
Public Comment: Staff has received no public comment to date.
INFRASTRUCTURE:
Streets: The subject area has frontage along W. Cato Springs Road. Cato Springs Road is
a fully improved Neighborhood Link street with asphalt paving, curb and gutter and
sidewalk along the north side of the street. Any street improvements required in
these areas would be determined at the time of development proposal.
Water: Public water is available to the subject area. Existing 8-inch water main is present
in the north side of W. Cato Springs Road.
Sewer: Sanitary Sewer is available to the subject area. Existing 8-inch sanitary sewer
main is present on the South side of West side of Cato Springs Road.
Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD). A
portion of the subject area is within a FEMA floodplain, has hydric soils, and a
protected stream is present in the area. The portion of the subject area within the
FEMA floodplain will necessitate the need for a floodplain development review at
the time of permit or plan submittal. This will restrict the type of development and
impact allowed 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. floodplain is present throughout the entirety of the subject property.
Hydric soils are also present on the subject property. They 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 is 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 state ment/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property. A protected stream is present in the subject
area. Streamside Protection Zones generally consist 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, the protected area will be 50 feet wide as measured from
the top of bank but, depending on the shape and extent 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. The streamside protection area is present on the
east side of the subject property. Any additional improvements or requirements for
drainage will be determined at time of development.
Fire: Station 6, located at 990 South Hollywood Ave, 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. This is not within the response time goal of 6
minutes for an engine but meets the 8-minute response time goal for a ladder truck.
Police: The Police Department did not express any concerns with this request.
Tree Preservation:
The proposed zoning district of NS-G, Neighborhood Services -General requires
20% minimum canopy preservation. The current zoning district of RSF-4,
Residential Single-family, 4 Units per Acre requires 25% minimum canopy
preservation the 1-1 zoning district 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 primarily as a 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 mixed 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 #6, 900 S. Hollywood Avenue)
• Near Sewer Main (W. Cato Springs Road)
• Near Water Main (W. Cato Springs Road)
• Near City Park (Greathouse Park)
• Near Paved Trail (Cato Springs Trail)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed zoning is compatible with
surrounding land use patterns in this area, which contains a mixture of
industrial, office, and residential uses. A daycare, mental health clinic,
University of Arkansas Research and Technology Park, Tyson Plant,
Washington County South Campus, and Cato Springs Trail are all within a
half mile of the property. A variety of housing is present in the half mile
radius as well, including single- and multi -family dwellings and two
manufactured home parks. Despite the abundance of employment and
residential uses in the vicinity, there are not many retail or neighborhood
services. The uses allowed in NS-G zoning provide residential uses by -right
that are of a scale that fits with the neighboring properties. Dwellings are
limited to a maximum of four -family units. The commercial allowances
provide medium -scale retail and services that would encourage a
pedestrian -oriented neighborhood form. The existing use of the property is
allowed under the proposed zoning. Finally, the property is ideally situated
next to the Cato Springs Trail. Any future tenants, residential or commercial,
have a built-in means of accessing further reaches of the City by alternative
means due to its proximity.
Land Use Plan Analysis: The proposed zoning is consistent with the Future
Land Use Map designation of this property as a City Neighborhood Area. The
NS-G zoning district at this location will encourage a pattern of development
that includes an expectation that buildings will address the street and non-
residential uses be located along major corridors and at corner locations. A
mixture of residential and commercial uses is typical in a traditional urban
form. Staff finds rezoning to NS-G will encourage an environment that is
appealing to pedestrians and reduce the visual impact of parking areas. The
property is part of the Fayette Junction Master Plan, which in illustrative form
does not indicate much change at the site. That said, the property has a high
infill score, indicating that the site is acceptable for an increased density in
housing or gentle commercial uses, which also meets goals 1, 3, and 6 of
City Plan 2040, making infill a priority and opening up opportunities for
attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
NS-G. The compatibility of the request with adjacent properties and the
general alignment of the request with the Future Land Use Map and City Plan
2040's goals suggest a rezoning to a district that allows limited development
at this location is suitable and justified. Further, the rezoning would remedy
an undevelopable portion of the west side of the lot that cannot meet the side
setback requirements of the 1-1 district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property's size and other development limitations, such as parking
requirements, building and fire codes, and property access, will inherently
limit the development potential of the site, and thereby reduce the potential
for congestion or hazardous traffic conditions. As previously noted, the
property's adjacency to the trail offers future tenants the opportunity to
access the City by non -vehicular methods which would, in fact, alleviate the
potential burden increased density might otherwise pose.
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 RSF-4 to NS-G undoubtably carries an
associated potential to increase population density in the neighborhood.
However, as noted above, staff finds that the realities of development
requirements and the lot's size will limit impacts to those that could occur
under the existing zoning entitlements. Specifically, dwellings are required
lot width and area minimums of 35 feet and 3,000 square feet, respectively.
The property has roughly 150 feet of frontage on W. Cato Springs Road and
roughly 15,000 square feet of area, meaning the property can only feasibly
accommodate a maximum of four dwellings. Accordingly, no additional
adverse impacts on services or infrastructure are anticipated.
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;
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 forwarding RZN-2021-000048 to the City
Council with a recommendation of approval.
BUDGET/STAFF IMPACT:
None
(PLANNING COMMISSION ACTION: Required YES
Date: June 14, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
O Tabled O Forwarded O Denied
• Unified Development Code:
o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre
o §161.30 — 1-1, Heavy Commercial and Light Industrial
o §161.19 — Neighborhood Services -General
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(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 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
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 places
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
(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.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
(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)
161.19 NS-G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood
development form with sustainable and complementary neighborhood businesses that are compatible in scale,
aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the
Neighborhood Services district is a residential zone.
(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 12b
General business
Unit 24
Home occupations
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
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 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating laces
Unit 16
Shopping oods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities
Unit 45
Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family
4,000 square feet
Two (2) family or more
3,000 square feet per dwelling
unit
All other uses
None
(E) Setback regulations.
Front
Side
Side -Zero Lot Line*
Rear
Rear when contiguous to
a single-family residential
district
A build -to zone that is
5 feet
A setback of less than 5
None
15 feet
located between the front
feet (zero lot line) is
property line and a line 25
permitted on one interior
feet from the front
side, provided a
property line.
maintenance agreement
is filed". The remaining
side setback(s) shall be
10 feet.
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19
May 5, 2021
PETITION TO CHANGE ZONING LOTS ON CATO SPRINGS ROAD
TO: The Fayetteville City Planning Commission & The Fayetteville City Council
Nathan and Jennifer Stout & Garrison Roddey requests that the zoning designation of the following lot
765-15054-000 to be changed from Residential Single-family — 4 units/acre to Neighborhood Services
General (NSG):
• 956 W CATO SPRINGS RD FAYETTEVILLE, AR 72701
REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED:
The zoning change request will bring the property's development pattern into alignment with the plans
outlined in the Fayette Junction Plan. Fayette Junction has a diverse mix of land use types envisioned in
the future. Land uses vary from natural and rural areas to urban centers. The large percentage of vacant
and underutilized land provides opportunities for varying degrees of residential densities and
commercial intensities while preserving significant open space. The NSG zoning requested contributes
to this vision planning as well as encourage continued and increased use of the very valued trail system
for both business and pleasure.
IMPACT ON NEIGHBORS & CITY:
The requested zoning change will positively impact the surrounding properties in terms of land use,
traffic, appearance and signage. Water and Sewer are available in adequate quantities adjacent to the
sites. Engineering practices will be utilized to reduced impact on neighboring properties through pier
systems and bio retention designs which are projected to increase permeable surfaces from their
current state.
CONSISTENT WITH LAND USE PLANS:
It is our opinion that the proposed zoning change is entirely consistent with both land use planning
objectives, principles, and policies and is consistent with the history of the site and neighborhood. The
rezoning will allow the property to be developed directly in line with the City's goals to make
appropriate infill destinations and place making.
Respectfully,
Nathan & Jennifer Stout
Garrison Roddey
RZN-2021-000048
One Mile View
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15T
Regional Link
Neighborhood Link
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Freeway/Expressway
• Shared -Use Paved Trail
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RSF-4
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RSF-1
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RSF-8
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RSF-18
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PLANNED ZONING DISTRICTS
RMF-18
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RMF-24
INSTITUTIONAL
RMF-40
P-1
INDUSTRIAL
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RZN-2021-000048
Close Up View
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FEMA Flood Hazard Data
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City Neighborhood
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Demote Ifte fgj.Zette
P.C. BCX 1607, FAYETTE';iLLE, AR 72702. 479-442-170C -FAX 4479•6695-11i8 • Wl'`+W., WADG.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 6454
Was inserted in the Regular Edition on:
July 11, 2021
Publication Charges: $89.68
13,ak . Srt.7c�.
Brittany mith
Subscribed and sworn to before me
This tz day of�i , 2021.
Notary Public
My Commission xpires: L1 Z424
**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: 6454
File Number: 2021-0474
RZN-2021-048 (956 W. CATO
SPRINGS RD./REYNOLDS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-048
LOCATED AT 956 WEST CATO
SPRINGS ROAD FOR
APPROXIMATELY 0.50 ACRES
FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE AND 1-I, HEAVY
COMMERCIAL AND LIGHT
INDUSTRIAL TO NS-G,
NEIGHBORHOOD SERVICES -
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: 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 RSF-
4, Residential Single Family, 4 Units Per
Acre and I-1, Heavy Commercial and
Light Industrial to NS-G, Neighborhood
Services -General.
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 I.
PASSED and APPROVED on 7/6/2021
ILioneld Jordan, Mayor
Kara Paxton, City Clerk Treasurer
75439091 July 11, 2021