HomeMy WebLinkAboutOrdinance 6461113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6461
File Number: 2021-0546
RZN-2021-054. (111 & 115 S. WEST AVE /JENSEN-OSTNER)-
Doc ID. 020066180003 Type. REL
Kind ORDINANCE
Recorded: 08/17/2021 at 03:26.33 PM
Fee Amt: $25 00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2021_00031672
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-054 LOCATED AT I I I AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0 31
ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER
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 NC, Neighborhood Conservation to
MSC, Main Street Center
Section 2- That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1
PASSED and APPROVED on 8/3/2021
Approv d: / Attest:
Lioneld Join, Mayor Lisa Branson, Deputy City Clerk
Page 1 Pnnted on &W1
RZN-2021-000054
Jensen/O stn e r
RZN-2021-000054
EXHIBIT 'A'
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NORTH
Zoning
Acres
a Urban Center
MSC
0 3
Trail (Proposed)
Design Overlay District
Feet
Planning Area
0 55 110
220 330 440
L__, Fayetteville City Limits
1 Inch = 150 feet
Total
0 3
RZN-2021-000054
EXHIBIT 'B'
Legal Description for combined Parcel Numbers. 765-02023-000 and 765-02028-000
All of Lot Five (5) in Block Thirty- five (35) and Part of Block Thirty-five (35) of the original town
plat of the city of Fayetteville, Arkansas, as shown by said plat in the office of the Circuit Clerk
and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as
follows•
A Part of Block Thirty-five (35), Original Town Plat of Fayetteville, Arkansas, described as
beginning at a point 151 feet South of the Northeast corner of said Block to a chiseled X in
concrete block wall as the true point of beginning; thence South 510 feet, thence S00°00'02"
W 49 33 feet to an existing iron as per book J page 772, Thence leaving existing iron at the East
line of said block thirty-five (35) N89°58'43" W 14139 feet to an existing iron rebar at the East
right-of-way line of the abandoned railroad; thence from an existing iron rebar 49 4 feet
N04°24'54" W along said right-of-way line to an existing iron pin; thence N6°15'59" W along said
right-of-way of the St Louis and San Francisco Railroad 5131 feet, thence leaving said right-of-
way East 150 71 feet to the point of beginning
Approximately 31 acres.
Washington County, AR
I certify this instrument was filed on
08/17/2021 03-26 33 PM
and recorded in Real Estate
File Number 2021-00031672
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0546
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.1
RZN-2021-054: (111 & 115 S. WEST AVE./JENSEN-OSTNER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-054 LOCATED AT 111 AND 115 SOUTH WEST AVENUE FOR APPROXIMATELY 0.31 ACRES
FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation to MSC, Main Street Center.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 81412021
City of Fayetteville Staff Review Form
2021-0546
Legistar File ID
8/3/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 2021-000054: Rezone (111 & 115 S. WESTAVE./JENSEN-OSTNER, 523): Submitted by MOLLYJENSEN and ALAN
OSTNER for properties located at 111 & 115 S. WEST AVE. The subject property is zoned NC, NEIGHBORHOOD
CONSERVATION, and contains two parcels with approximately 0.31 acres total. The request is to rezone the subject
property to MS/C, MAIN STREET/CENTER.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 3, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: July 16, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000054: Rezone (111 & 115 S. WEST AVE./JENSEN-OSTNER, 523):
Submitted by MOLLY JENSEN and ALAN OSTNER for properties located at 111
& 115 S. WEST AVE. The subject property is zoned NC, NEIGHBORHOOD
CONSERVATION, and contains two parcels with approximately 0.31 acres total.
The request is to rezone the subject property to MS/C, MAIN STREET/CENTER.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone
the subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located on the west side of S. West Avenue, between Mountain Street to
the north and South Street to the south. The parcel at 111 S. West Avenue (765-02023-000)
contains a single-family dwelling built in 1916, according to Washington County records. The
parcel at 115 S. West Avenue (765-02028-000) is currently undeveloped. In 2004, the subject
property was rezoned to NC, Neighborhood Conservation, as part of the Downtown Master Plan.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to
MSC, Main Street/Center. The applicant has stated in their request letter that rezoning would
support many of the Downtown Master Plan strategies and the Cultural Arts Corridor (CAC)
project by expanding development options for the properties to include flexible retail, housing,
entertainment, and arts cultural space.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility. Rezoning the subject property to MS/C will allow for residential and
commercial development that is generally compatible with other housing and commercial space
in the area. The current zoning designation, Neighborhood Conservation, is the most purely
residential zone, with only single-family and accessory dwellings permitted by right. Rezoning the
subject property to MS/C would expand the permitted uses of the site to allow for the development
of greater density housing and/or small, commercial spaces which could be occupied by sidewalk
cafes, art studios, or other neighborhood stores. This rezoning would remove density and side
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
setback requirements for each parcel, maintain the 25-foot front build -to zone and five-foot rear
setback, and increase the height maximum from three -stories to five or seven. Given that the
subject property is in the Cultural Arts Corridor and across from the Fayetteville Public Library,
these proposed changes appear to be suitable. Furthermore, while the MS/C zoning district allows
for commercial activities of greater intensity than would generally be appropriate at this location,
the size and terrain of the properties can limit the scale of any future development.
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 MS/C zoning district would support
this anticipated use by permitting a wider spectrum of uses and encouraging density. Staff finds
that rezoning to MS/C will encourage an environment that is appealing to pedestrians and allow
for development that would be appropriate on S. West Avenue and within the Cultural Arts
Corridor. The property is part of the Downtown Master Plan which outlines an implementation
strategy for "targeting properties along West Avenue for infill development." That said, the
property has many elements of the infill matrix now, suggesting that the site is appropriate for an
increased density in housing or incremental commercial uses, which can support goal 1 of City
Plan 2040, making infill a priority.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 1, 303 W. Center Street)
• Near Sewer Main (West Avenue)
• Near Water Main (West Avenue)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near City Park (Frisco Park)
• Near Paved Trail (Frisco Trail)
• Near ORT Bus Stop (Route 10 — Mountain at Library)
• Near Razorback Bus Stop (On Demand 1 — Fayetteville Library)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area
• Sufficient Intersection Density
DISCUSSION:
At the Planning Commission Meeting on July 12, 2021, a vote of 6-1-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Belden made the motion and
Commissioner Winston seconded. Commissioners in support of the request agreed that the
location was good for increased density, given the recent expansion of the Fayetteville Public
Library to the east and the development of the Cultural Arts Corridor. They also felt that rezoning
the property to MS/C would better complement uses and increase connectivity downtown.
Commissioner Garlock, who was opposed to the request, expressed concern about the building
height maximums associated with rezoning the property to MS/C, as it would increase from three
stories to five/seven. No members of the public spoke on this item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2021-000054
Close Up View
NC
W
RSF-4
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Urban Center
Trail (Proposed)
j__ J Design Overlay District
Planning Area
Fayetteville City Limits
Jensen/Ostner
F i—CENTER,ST
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P-1 1
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H
W
Feet
0 55 110 220 330
1 inch = 150 feet
440
RZN-21-000054
EXHIBIT 'A'
11 6.
MOUNTAIN STD
rROCK,ST�
J&
NORTH
Zoning Acres
MSC 0.3
Total 0.3
RZN-2021-000054
EXHIBIT 'B'
Legal Description for combined Parcel Numbers: 765-02023-000 and 765-02028-000
All of Lot Five (5) in Block Thirty- five (35) and Part of Block Thirty-five (35) of the original town
plat of the city of Fayetteville, Arkansas, as shown by said plat in the office of the Circuit Clerk
and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as
follows:
A Part of Block Thirty-five (35), Original Town Plat of Fayetteville, Arkansas, described as
beginning at a point 151 feet South of the Northeast corner of said Block to a chiseled X in
concrete block wall as the true point of beginning; thence South 51.0 feet; thence S00°00'02"
W 49.33 feet to an existing iron as per book J page 772; Thence leaving existing iron at the East
line of said block thirty-five (35) N89058'43" W 141.39 feet to an existing iron rebar at the East
right-of-way line of the abandoned railroad; thence from an existing iron rebar 49.4 feet
N04024'54" W along said right-of-way line to an existing iron pin; thence N6015'59" W along said
right-of-way of the St Louis and San Francisco Railroad 51.31 feet; thence leaving said right-of-
way East 150.71 feet to the point of beginning.
Approximately .31 acres.
CITY OF
ti FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Gretchen Harrison, Planner
MEETING DATE: July 12, 2021 Updated with results from 7/12/2021 PC Hearing
SUBJECT: RZN-2021-000054: Rezone (111 AND 115 S. WEST AVE., 523):
Submitted by ALAN OSTNER and MOLLY JENSEN for properties located
at 111 & 115 S. WEST AVE. The properties are zoned NC,
NEIGHBORHOOD CONSERVATION, and contain 2 parcels with
approximately 0.50 acres. The request is to rezone the properties to MSC,
MAIN STREET/CENTER.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000054 to City Council with a recommendation of
approval based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000054 to City Council with a recommendation of approval."
BACKGROUND:
The subject properties are located on the west side of S. West Avenue, between Mountain Street
to the north and South Street to the south. The property at 111 S. West Avenue (765-02023-000)
contains a single-family dwelling built in 1916, according to Washington County records. The
property at 115 S. West Avenue (765-02028-000) is currently undeveloped. In 2004, both
properties were rezoned to NC, Neighborhood Conservation, as part of the Downtown Master
Plan. Surrounding land uses and zoning are provided in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Sin le -family Residential
NC, Neighborhood Conservation
South
Single-family Residential
MSC, Main Street/Center
East
Fayetteville Public Library
MSC, Main Street/Center;
DG, Downtown General
West
Razorback Greenway
P-1, Institutional
Request: The request is to rezone the subject properties at 111 and 115 S. West Avenue from
NC, Neighborhood Conservation, to MSC, Main Street/Center. The applicant has stated in their
request letter that rezoning would support many of the Downtown Master Plan strategies and the
Cultural Arts Corridor (CAC) project by expanding development options for the properties to
include flexible retail, housing, entertainment, and arts cultural space.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: Both parcels have access to S. West Avenue, a Master Street Plan -designated
Urban Center street. South West Avenue is part of the Cultural Arts Corridor and
is currently closed for improvements. Any additional street improvements required
in this area will be determined at the time of development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present in the center of S. West Avenue.
Sewer: Public sanitary sewer is available to the subject area. An existing 8-inch sewer
main is present in the center of S. West Avenue.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 1, located at 303 W. Center Street, protects this site. The properties are
located approximately 0.21 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 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 did not express any concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the subject properties lie within a FEMA-
designated 100-year floodplain, a Streamside Protection Zone, or the Hillside -
Hilltop Overlay District (HHOD). There are no hydric soils present on the subject
properties, either.
Tree Preservation:
The proposed zoning district of MS/C, Main Street/Center, requires 10% minimum
canopy preservation. The current zoning district of NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the properties within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site with a weighted score of 13. The following elements of the matrix contribute to the score:
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 2 of 14
• Adequate Fire Response (Station 1, 303 W. Center Street)
• Near Sewer Main (West Avenue)
• Near Water Main (West Avenue)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near City Park (Frisco Park)
• Near Paved Trail (Frisco Trail)
• Near ORT Bus Stop (Route 10 — Mountain at Library)
• Near Razorback Bus Stop (On Demand 1 — Fayetteville Library)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area
• Sufficient Intersection Density
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: Rezoning the subject properties to MS/C will allow
for residential and commercial development that is generally compatible
with other housing and businesses in the area. The current zoning
designation, Neighborhood Conservation, is the most purely residential
zone, with only single-family and accessory dwellings permitted by right.
Rezoning the subject properties to MS/C would expand the permitted uses
of the site to allow for the development of greater density housing and/or
small, commercial spaces which could be occupied by sidewalk cafes, art
studios, or other neighborhood stores. This rezoning would remove density
and side setback requirements for the subject properties, maintain the 25-
foot front build -to zone and 5-foot rear setback, and increase the height
maximum from three -stories to five. Given that the subject properties are in
the Cultural Arts Corridor and across from the Fayetteville Public Library,
these proposed changes appear to be suitable. Furthermore, while the MS/C
zoning district allows for commercial activities of greater intensity than
would generally be appropriate at this location, the size and terrain of the
properties can limit the scale of any future development.
On the other hand, the Fayetteville Downtown Master Plan and its associated
rezoning were deliberately enacted to preserve pockets of single-family
housing that have existed for decades, and in some cases, over a century.
The block of single-family homes that range southward from the subject
properties along West Avenue were deliberately zoned NC, Neighborhood
Conservation. The Illustrative Master Plan indicated preservation of the
subject properties as two single-family dwellings. Since then, one of the
dwellings have been demolished. A rezoning to MS/C comes with no density
requirements, no side setbacks, and a higher building height maximum than
the requirements in an NC district. Coupled with multi -family dwellings and
numerous commercial uses being permitted in the DG zoning district, the
requested rezoning has the potential to dramatically change the character of
this portion of downtown.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 3 of 14
Land Use Plan Analysis: The Downtown Master Plan led to the current
zoning that was approved by City Council with the support of many
Downtown residents. This NC zoning seeks to preserve the existing single-
family housing stock in pockets of the downtown area. The Neighborhood
Conservation zoning district currently applied to the subject properties and
those north of them are evidence of its objective.
The Downtown Master Plan also identified the goal of pursuing
redevelopment opportunities along West Avenue. Classified in the Plan as a
"signature connection" in downtown, West Avenue is called -out as
important to the area's pedestrian network with redevelopment needed to
fully leverage amenities like the Frisco Trail, the library, and the Cultural Arts
Corridor. The Plan goes even further by outlining an implementation strategy
that involves a policy to "target properties along West Avenue for infill
development." Rezoning the subject properties to the proposed Main
Street/Center district can support this goal by allowing for increased
housing opportunities through redevelopment to a greater density or,
alternatively, permitting a greater spectrum of retail and service uses that
can serve the neighborhood or greater downtown.
While the goals of infill redevelopment and preservation may often seem at
odds, in this instance, they are complementary. Just as the Neighborhood
Conservation zoning district was adopted to preserve the single-family
nature of certain areas, so too can the Main Street/Center zoning district
preserve the character of Downtown Fayetteville. Both are designed with
build -to zones that complement the area's historic growth pattern.
Development under either zoning is subject to the Downtown Design Overlay
District's architectural standards. Staff finds that the proposed zoning is
consistent with the overall goals and policies of the Downtown Master Plan.
Finally, the City Council has recently rezoned properties along West Avenue
to allow mixed -use and higher density. These decisions aid staff in
recommending that this rezoning is consistent with the Council's vision for
the Downtown Master Plan.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Based on the applicants' submittal, the rezoning is justified and needed to
enhance the development opportunities for the subject properties. The
existing Neighborhood Conservation zoning only permits development of
the properties with single-family dwellings, accessory dwellings, and City-
wide uses by -right. All other uses allowed in the district, including but not
limited to 2- and 3-family dwellings, offices, and limited businesses are only
permitted with the approval of a conditional use permit. The applicant feels
that a rezoning to Main Street/Center will positively address the goals of the
Downtown Master Plan and the Cultural Arts Corridor project. Staff agrees,
finding that despite the conditional use permit process' provision of detail
that can assure compatibility, this may not be necessary given the wide
variety of existing and potential uses and intensities near the site.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 4 of 14
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the properties to MS/C could increase traffic in the area. Staff finds
that the subject properties are situated along an Urban Center street, which
experience varied levels of traffic. The Cultural Arts Corridor is expected to
serve as a catalyst for additional development and density along West
Avenue, which could potentially create more congestion near the subject
properties. Nevertheless, the Cultural Arts Corridor is also intended to
expand access for pedestrians and bicyclists, reducing the amount of
vehicular traffic in the area. So, while rezoning the subject properties could
create congestion by expanding the use of the site, it is likely to have a
negligible impact on vehicular traffic patterns.
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 subject properties from NC, Neighborhood Conservation, to
MS/C, Main Street/Center, has the potential to increase population density in
this area. That said, staff finds that existing that the existing water, sewer,
and street infrastructure can support this increase. The Fayetteville Public
Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
Finding: N/A
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.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 5 of 14
RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000054 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION:
jDate: July 12, 2021 O Tabled
I Motion: Belden
Second: Paxton
Required YES
O Forwarded O Denied
with recommendation of approval
jVote: 6-1-0 (Commissioner Garlock dissented
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
• §161.29 - Neighborhood Conservation
• §161.27 — Main Street/Center
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 6 of 14
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other
zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of
uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood
character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a
residential zone.
(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 9
Two (2) family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 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. 6211 , §1, 8-6-19)
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 7 of 14
161.27 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is
more spatially compact and is more likely to have some attached buildings than Downtown General or
Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of
uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing
uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the
surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main
Street/Center district is a commercial zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval
when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling all unit types 18 feet
(2) Lot Area Minimum. None.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 8 of 14
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master
street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is
located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7)
stories.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-
20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No.
5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17;
Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19)
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 9 of 14
Applicant Request Letter
Statement in support of zoning request:
111 S West Ave and 115 S West Ave
Current Zoning NC
Requesting Zoning become MSC
Infill Score = 13 out of 14
Statement in support of zoning request:
This rezoning request supports many of the Downtown Master plan six strategies and
the Fayetteville Cultural Arts Corridor project (CAC). Specifically, the request is to
move from NC to MSC. This rezoning offers the possibility of getting more people to
live downtown by addressing the missing middle housing choices. By rezoning to
MSC this property will be zoned to out preform current zoning standards thereby
attracting development that could create jobs and other economic opportunities by
transforming the property into a flexible retail/ housing/ entertainment and arts cultural
space. MSC encourages the possibility of Art friendly structures such as: Multi -story
buildings with apartments or offices above shops and lofts, live/work units, and
buildings designed for changing uses over time.
This rezoning will allow this property to seamless evolve into the CAC helping to
create an interconnected downtown space between the Walton Arts Center, Theatre
Squared, Nadine Baum Studios, Fayetteville Public Library, the Fay Jones Woods,
and the University of Arkansas' Art and Design District. This rezoning and type of
possible development promotes and encourages walkability by keeping jobs and
housing in one centrally located place.
MSC will allow for a range of usages and gentle density that will complement the
CAC and make a connection to the other nearby shopping, art, job centers, and
entertainment amenities more appealing. A zoning designation of MSC will activate S.
West Street between Dickson and Prairie Streets with a range of amenities that will
enhance the opportunity and experience for city residents and visitors alike.
Planning Commission
July 12, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 10 of 14
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 11 of 14
RZN-2021-000054
Jensen/Ostner
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2,
ssion
2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 12 of 14
RZN-2021-000054
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Planning Co mission
2, 2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 13 of 14
RZN-2021-000054
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Natural
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Rural Residential
Urban Center Planning Cc
ssion
2021
Agenda Item 13
RZN-21-000054 Jensen-Ostner
Page 14 of 14
Democratqlnmm� azette
Im
P.0 9CX 1607, FA=ETTE`i1LLE, AP. 727C2 - 479-442-1700 - F :X •179-695-11]8 • t'v'tYl'i'.Rt4 ;�G CM
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 6461
Was inserted in the Regular Edition on:
August 8, 2021
Publication Charges: $85.12
14Z&
Brittany Smith
Subscribed and sworn to before me
This day of�, 2021.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC — ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Ordinance: 6461
File Number: 2021-0546
RZN-2021-054: (111 & 115 S. WEST
AVE./JENSEN-OSTNER):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-054
LOCATED AT 1 I I AND 115 SOUTH
WEST AVENUE FOR
APPROXIMATELY
0.31 ACRES FROM NC,
NEIGHBORHOOD CONSERVATION
TO MSC, MAIN STREET CENTER
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from NC,
Neighborhood Conservation to MSC,
Main Street Center.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on 8/32021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid: S
85.12
75450633 Aug 8, 2021
