HomeMy WebLinkAboutOrdinance 6481 II III 11111 11111 OIl liii III II 11111111111 11111 IIIIIIIIIIIII
Doc ID: 020151380004 Type: REL
Kind: ORDINANCE
Recorded: 09/30/2021 at 03:25:21 PM
p ET, Fee Amt: $30.00 Pape 1 of 4
1pil
�� Washington County, AR
Kyle Sylvester Circuit Clerk
I,::, ''C Fi1e2021-00037769
113 West Mountain Street ARCH /I\ E D
Fayetteville,AR 72701 V
(479)575-8323
Ordinance: 6481
File Number: 2021-0681
RZN-2021-062(WEST OF 1000 BLOCK S. HOLLYWOOD AVE./FAYETTEVILLE
ASSOCIATES, LTD.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-062 LOCATED WEST OF THE 1000 BLOCK SOUTH HOLLYWOOD AVENUE FOR
APPROXIMATELY 0.83 ACRES FROM C-2,THOROUGHFARE COMMERCIAL TO RI-U,
RESIDENTIAL INTERMEDIATE-URBAN
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 C-2,Thoroughfare Commercial to RI-U,
Residential Intermediate-Urban.
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 9/21/2021
Page 1 Printed on 9/22/21
Ordinance: 6481
File Number. 2021-0681
Approv• 1: Attest: ``��N i r r r r r lf,i
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Lioneld J. dan, ayor Kara Paxton, City Clerk Treasurer;
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Page 2 Printed on 9/22/21
RZN-2021-000062 Rezone request for -zN-Zo2,-000062
Close Up View Fayetteville Assoc, LTD. EXHIBIT 'A'
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.13 VENTURA PL-
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` NORTH
«.mon• Neighborhood Link
Regional Link-High Activity RSF-4
- _,Planning Area RMF-12
t 1-1 Heavy Commercial and Light Industrial
_i Fayetteville City Limits Feet c 2
——— Shared-Use Paved Trail illy Community Services
MA Commercial, ices
Industrial,Residential
Trail(Proposed) 0 75 150 300 450 600 P-t
1 inch = 200 feet
L. Design Overlay District
RZN-2021-000062
EXHIBIT 'B'
Legal Description
Parcel # 765-05369-000
Lot Numbered Four (4) in Block Numbered Two (2) all in Fayetteville Center Subdivision to the
City of Fayetteville, Arkansas.
Washington County,AR
I certify this instrument was filed on
09/30/2021 03:25:21 PM
and recorded in Real Estate
File Number2021-00037769
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0681
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: C.5
File Type: Ordinance
RZN-2021-062 (WEST OF 1000 BLOCK S. HOLLYWOOD AVEJFAYETTEVILLE ASSOCIATES,
LTD.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-062 LOCATED WEST OF THE 1000 BLOCK SOUTH HOLLYWOOD AVENUE FOR
APPROXIMATELY 0.83 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
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 C-2, Thoroughfare Commercial to RI-U, Residential Intermediate -Urban.
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 912212021
City of Fayetteville Staff Review Form
2021-0681
Legistar File ID
9/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000062: Rezone (WEST OF 1000 BLOCK S. HOLLYWOOD AVE./FAYETTEVILLE ASSOCIATES, LTD., 559):
Submitted by MCCLELLAND ENGINEERS, INC. for property located WEST OF THE 1000 BLOCK S. HOLLYWOOD AVE.
The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately
0.83 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
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 SEPTEMBER 21, 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: September 3, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000062: Rezone (WEST OF 1000 BLOCK S. HOLLYWOOD
AVE./FAYETTEVILLE ASSOCIATES, LTD., 559): Submitted by MCCLELLAND
ENGINEERS, INC. for property located WEST OF THE 1000 BLOCK S.
HOLLYWOOD AVE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 0.83 acres. The request is to rezone
the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
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 has frontage on W. Best Way Street and W. Parnell Drive. It is parallel to S.
Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately'/4 mile east
of 1-49. The property was platted as Lot 4 of the Fayetteville Center subdivision. It is zoned C-2,
Thoroughfare Commercial and undeveloped with few trees on site. The topography of the site is
mostly flat with a small ditch present on the west property boundary between the subject property
and the strip commercial development. Previously, in December of 2020, six parcels neighboring
the subject property to the east were rezoned from RSF-4, Residential Single-family, Four Units
per Acre to CS, Community Services.
Request: The request is to rezone the property from C-2 Thoroughfare Commercial, to RI-U,
Residential Intermediate -Urban. The applicant has not submitted an associated development
proposal.
Public Comment: Staff has not received any public comment.
Land Use Compatibility: The proposed zoning is compatible with surrounding land use patterns
in this area, which contains a mixture of commercial, restaurant, office, and residential uses. The
property is served by city -services, such as Fire Station #6 approximately 500 feet to the
northeast, as well as water and sewer currently located in W. Best Way Street. The Tsa-La-Gi
Trail which offers connections to the wider network of trails throughout the city and region, borders
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the property to the south. A variety of housing is present nearby. S. Hollywood Avenue is lined
with single- and two-family dwellings and large multi -family complexes are developed to the south
and southeast. Rezoning the property would change the allowed uses from a commercial district
catering to a regional clientele and replace that with medium -density residential uses. RI-U allows
for a wide variety of housing types including up to four -family dwellings, cluster housing, and
accessory dwelling units. Staff finds rezoning the property would contribute to a more pedestrian -
oriented neighborhood form.
Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map
designation of this property as an Urban Center Area. RI-U zoning on the subject property would
locate medium -density residential uses immediately next to a strip commercial center. While the
commercial strip center is not the type of development that is commonly found in a walkable,
dense, and intense urban environment, staff finds the mix of uses to be appropriate to serve the
additional density. In RI-U zoning residential buildings are required to address the street which
typically contributes to an environment that is appealing to pedestrians and reduces the visual
impact of parking areas. Given the property's limited street frontage, the opportunity to provide
that visual impact is reduced but, nonetheless, may improve the streetscape of W. Parnell Drive
and W. Best Way Street. The property has a high infill score, indicating that the site is acceptable
for an increased density, which also contributes to goals 1, 3, and 6 of City Plan 2040, making
infill a priority and opening up opportunities for attainable housing. Finally, the existing street
network is capable of serving additional demand placed on it by a medium -density property. The
subject property has connections to S. Hollywood Avenue via its frontage on W. Best Way Street
and W. Parnell Drive. S. Hollywood Avenue connects to W. Martin Luther King Jr. Boulevard to
the north and W. 15th Street to the south. Both roads serve to facilitate city traffic as well as
provide connection to interstate and local highways serving the wider region.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site.
The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue)
• Near Water Main (W. Best Way Street)
• Near Sewer Main (W. Best Way Street)
• Near Public School (Ramay Jr. High School)
• Near City Park (Finger Park)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near ORT Bus Stop (Route 20)
• Near Razorback Bus Stop (Route 48)
• Appropriate Land Use (Urban Center)
DISCUSSION:
At the August 23, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Belden made the motion and
Commissioner Winston seconded. Commissioner Sparkman was absent at the time of the vote.
Commissioner Belden suggested the rezoning would offer a good opportunity to use a property
that has been underutilized. No public comment was offered on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2021-000062 Rezone request for
Close Up View Fayetteville Assoc, LTD.
IPZD
I-1
,Uvxx
10
RSF-41
-Z Subject Property
\ 1
PARNELL-DR-
Tsa-Lt- Trail
—�----------------
—BEST WgyST —
Neighborhood Link
— Regional Link - High Activity
- —1 Planning Area
_1 Fayetteville City Limits
Shared -Use Paved Trail
- - - Trail (Proposed)
Design Overlay District
ILN
Feet
0 75 150 300 450 600
1 inch = 200 feet
A&
NORTH
RSF-4
RMF-12
1-1 Heavy Commercial and Light Industrial
C-2
Community Services
W Commercial, Industrial, Residential
P-1
Legal Description
Parcel # 765-05369-000
Lot Numbered Four (4) in Block Numbered Two (2) all in Fayetteville Center Subdivision to the
City of Fayetteville, Arkansas.
IP111- f
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE:
City of Fayetteville Planning Commission
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
August 23, 2021
SUBJECT: RZN-2021-000062: Rezone (W. OF 1000 BLOCK S. HOLLYWOOD
AVE./FAYETTEVILLE ASSOCIATES, LTD., 559): Submitted by
MCCLELLAND ENGINEERS, INC. for property located WEST OF THE
1000 BLOCK S. HOLLYWOOD AVE. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 0.83
acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000062 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000062 to City Council with a recommendation for approval."
BACKGROUND:
The subject property has frontage on W. Best Way Street and W. Parnell Drive. It is parallel to S.
Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and approximately'/4 mile east
of 1-49. The property was platted as Lot 4 of the Fayetteville Center subdivision. It is zoned C-2,
Thoroughfare Commercial and undeveloped with few trees on site. The topography of the site is
mostly flat with a small ditch present on the west property boundary between the subject property
and the strip commercial development. Previously, in December of 2020, six parcels neighboring
the subject property to the east were rezoned from RSF-4, Residential Single-family, Four Units
per Acre to CS, Community Services. Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial
C-2, Thoroughfare Commercial
South
Mixed -Density Residential
RMF-12, Residential Multi -Family, 12 Units per Acre
East
Single -Family Residential
CS, Community Services
West
Commercial
C-2, Thoroughfare Commercial
Request: The request is to rezone the property from C-2 Thoroughfare Commercial, to RI-U,
Residential Intermediate -Urban. The applicant has not submitted an associated development
proposal.
Public Comment: Staff has received no public comment to date.
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 1 of 15
INFRASTRUCTURE:
Streets: The subject area has frontage along W. Best Way Street. W. Best Way Street is a
fully improved Residential Link street with asphalt paving, curb and gutter and a
multi -use trail along the north side of the street. The subject property also has
frontage along W. Parnell Drive. W. Parnell Drive is a partially improved
Residential Link street with asphalt paving, curb and gutter. 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 south side of W. Best Way Street.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present on the property itself and on the north side of W. Best Way Street.
Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), within
a FEMA floodplain, and a protected stream is not present in the area. Hydric soils
are 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 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. 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 0.1 miles from the fire station with an anticipated drive time
of approximately one minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. This is within the response time goal of 6
minutes for an engine and 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 Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of C-2, Commercial
Thoroughfare requires 15% minimum canopy preservation.
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 2 of 15
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the properties within the proposed rezone as an Urban Center Area.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed -use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site,
with a weighted score of 11.5 at the highest level. The following elements of the matrix contribute
to the score:
• 4 Minute Fire Response (Station #6 at 900 S. Hollywood Avenue)
• Near Water Main (W. Best Way Street)
• Near Sewer Main (W. Best Way Street)
• Near Public School (Ramay Jr. High School)
• Near City Park (Finger Park)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near ORT Bus Stop (Route 20)
• Near Razorback Bus Stop (Route 48)
• Appropriate Land Use (Urban Center)
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
commercial, restaurant, office, and residential uses. The property is served
by city -services, such as Fire Station #6 approximately 500 feet to the
northwest, as well as water and sewer currently located in W. Best Way
Street. The Tsa-La-Gi Trail offers connections to the wider network of trails
throughout the city and region, borders the property to the south. A variety
of housing is present nearby. S. Hollywood Avenue is lined with single- and
two-family dwellings and large multi -family complexes are developed to the
south and southeast. Rezoning the property would change the allowed uses
from a commercial district catering to a regional clientele and replace that
with medium -density residential uses. RI-U allows for a wide variety of
housing types including up to four -family dwellings, cluster housing, and
accessory dwelling units. Staff finds rezoning the property would contribute
to a more pedestrian -oriented neighborhood form.
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 3 of 15
Land Use Plan Analysis: The proposed zoning is consistent with the Future
Land Use Map designation of this property as an Urban Center Area. RI-U
zoning on the subject property would locate medium -density residential
uses immediately next to a strip commercial center. While the commercial
strip center is not the type of development that is commonly found in an
urban environment, staff finds the mix of uses to be appropriate to serve the
additional density. In RI-U zoning residential buildings are required to
address the street which typically contributes to an environment that is
appealing to pedestrians and reduces the visual impact of parking areas.
Given the property's limited street frontage, the opportunity to provide that
visual impact is reduced but, nonetheless, may improve the streetscape of
W. Parnell Drive and W. Best Way Street. The property has a high infill score,
indicating that the site is acceptable for an increased density, which also
contributes to goals 1, 3, and 6 of City Plan 2040, making infill a priority and
opening up opportunities for attainable housing. Finally, the existing street
network is capable of serving additional demand placed on it by a medium -
density property. The subject property has connections to S. Hollywood
Avenue via its frontage on W. Best Way Street and W. Parnell Drive. S.
Hollywood Avenue connects to W. Martin Luther King Jr. Boulevard to the
north and W. 15t" Street to the south. Both roads serve to facilitate city traffic
as well as provide connection to interstate and local highways serving the
wider region.
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
RI-U. 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. The rezoning also provides an
opportunity to develop an oddly shaped parcel.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The property's shape 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. Vehicle traffic will
be able to access both W. Martin Luther King Jr. Boulevard and W. 151" Street
directly from S. Hollywood Avenue
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.
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 4 of 15
Finding: Rezoning the property from RI-U removes the commercial developable
potential of the property but carries an associated potential to increase
population density. Staff finds development requirements and size of the site
will limit the possible negative impacts that might otherwise be apparent with
a zoning district that lacks a density cap. 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-2021-000062 to the City
Council with a recommendation of approval.
BUDGET/STAFF IMPACT:
None
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 5 of 15
PLANNING COMMISSION ACTION:
Date: August 23, 2021 O Tabled
IMotion:
(Second:
BUDGET/STAFF IMPACT:
None
Required YES
O Forwarded O Denied
Attachments:
• Unified Development Code:
o §161.12 — RI-U, Residential Intermediate -Urban
o §161.23 — C-2, Thoroughfare Commercial
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 6 of 15
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(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 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 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*
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. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 7 of 15
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 8 of 15
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
1 Small scale production
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetWvi Ile-aEgov .
anning mmission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 9 of 15
Urban Form 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 6 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 side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; 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. 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, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19)
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 10 of 15
McCLELLAN
ffl"CE� CONSULTING
ENGINEERS, INC.
July 14, 2021
Planning Commission
City of Fayetteville
125 West Mountain Street
Fayetteville, AR. 72701
Re: Rezoning of Parcel #765-05369-000
Dear Planning Commission Members,
1580 East Stearns Street
Fayetteville, AR 72703
(479) 443.2377 P 1 (479) 443.9241 F
mce.us.com
This letter is in regards to the rezoning request for Parcel #765-05369-000, a vacant lot located
directly east of Tyson Food Inc. office building located at 2231 W. MLK Blvd. The purpose for
the requested rezoning is to change the current zoning from C-2 to RI-U.
The Future Land Use Plan per the City Plan 2040 indicates that the subject property site is
located within the Urban Center Area designation. Urban Center accommodates rowhouses,
apartments, local and regional retail, hotels, clean technology industries and entertainment
uses. The RI-U, Residential Intermediate -Urban District is designed to permit and encourage
the development of detached and attached dwellings in suitable environments, to provide a
range of housing types compatible in scale with single-family homes and to encourage a
diversity of housing types to meet demand for walkable urban living.
With the utilization of Urban Center Area design principles and the RI-U zoning guidelines we
therefore feel like this proposed rezoning is in line with the future land development goals and
will not unreasonable adversely affect or conflict with surrounding land uses.
Sincerely,
Chris Bakunas, PLA
Project Manager
cbakunas@mce.us.com
Planning Commission
August 23, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 11 of 15
RZN-2021-000062 Rezone request for
One Mile View Fayetteville Assoc, LTD. NORTH
♦ 0 0.125 0.25 0.5 Miles 1
\ ■
(P 1
\y � RMF-18 \\ j
y � I
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RSF-2 \ P-1
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RSF-4
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
1 1 Planned Neighborhood Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
L — I Fayetteville City Limits
CI Planning Area
Subject Property
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RI-12
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C-2
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R.
FORM BASED DISTRICTS
RSF-2
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RS1-4
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Main Street C-1
RS1-8
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RSF-18
ii CammWty Service.
RESIDENTIAL MULTI -FAMILY
NeighbemooU Services
RMF-6
Neighb.... d Conaervaeen
RMF-12
PLANNED ZONING DISTRICTS
RMF-18
Cammerd9, Hduatnal, Reaieentlal
RM124
INSTITUTIONAL
RMF-4g
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INDUSTRIAL
Planning Conim
41 HearyCommardalaieLightlnduatrial
3,
ssion
2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 12 of 15
ssion
2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 13 of 15
RZN-2021-000062 Rezone request for Fayetteville A&
Current Land Use Assoc, LTD. NORTH
. .
INA
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r,
-; Commercial
► �% i
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Multi -Family Residential
r�■ ` :' `� Subject Property
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b r
ii r r
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?� •� 1
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
— — — Trail (Proposed)
Stream
■
Planning Area
— Fayetteville City Limits
1 Design Overlay District
Feet
0 112.5 225 450 675
1 inch = 300 feet
Nil
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
Planning Co mission
A swr 3, 2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 14 of 15
RZN-2021-000062
Future Land Use
Rezone request for
, I
01��,civic��O Q � Institutional
4I
7
Subject Property
"
� PA EL• L-DRY
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BEST---0
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Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
Planned Neighborhood Link
- - Feet
` Planning Area
L Fayetteville City Limits 0 145 290 580 870
— �
—— — Trail (Proposed) 1 inch = 400 feet
I Design Overlay District
►;
NORTH
R BL
Non -Municipal
Government
LOOP
Urban Center
II
=E1
PL
DR
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center Planning Cc
ssion
2021
Agenda Item 12
RZN 21-000062 Fay. Assoc. Ltd.
Page 15 of 15
1NM0=.&RQqK1ra�et�e
F.G BCf 16C7,':AYEI'TE','1LLE, iiR. 7270? • 479-442.P00 - FA'!. d?9-695-111S • iNl+VW.\WADI-.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 6481
Was inserted in the Regular Edition on:
September 26, 2021
Publication Charges: $92.72
Brittany Smith
Subscribed and sworn to before me
This 7 -7 day of S%7+ , 2021.
(�� ki&
Notary Public j�/�
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:6481
File Number: 2021-0681
RZN-2021-062 (WEST OF 1000
BLOCK S. HOLLYWOOD
AVE./FAYETTEVILLE ASSOCIATES,
LTD.):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-062
LOCATED WEST OF THE 1000
BLOCK SOUTH HOLLYWOOD
AVENUE FOR APPROXIMATELY
0.83 ACRES FROM C-2,
THOROUGHFARE COMMERCIAL
TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
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 agached to the Planning
Department's Agenda Memo from C-2,
Thoroughfare Commercial to RI-U,
Residential Intermediate -Urban.
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
9/21/2021
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
92.72
75470023 Sept26,2021