HomeMy WebLinkAboutOrdinance 6494113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6494
File Number: 2021-0762
RZN-2021-067 (4143 N. SHILOH DR./RGMS INVESTMENTS):
I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIIIIIIIIIII
Doc ID: 020206650003 Type.
REL
Kind: ORDINANCE
Recorded: 10/29/2021 at 01:05:24 PM
Fee Amt: $25.00 Paqe i of 3
Washington County, AR
Kyle sylvesteer Circuit Clerk Q
File202 1-000`T 17 V 3
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-067 LOCATED AT 4143 NORTH SHILOH DRIVE FOR APPROXIMATELY 7.42
ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from C-2, Thoroughfare Commercial to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/19/2021
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Attest: ``�.� ��C?K / T Re," �,i,
`.Al • G\T Y OF .G
FAYETTEVILLE?1001
Kara Paxton, City Clerk Treasurely�'-;'A��P`;•'•
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Page 1 Printed on 1012621
RZN-2021-000067 RGMS Investments RZN-2021-000067
Close Up View EXHIBIT 'A'
(-231
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O�
CO
Subject Property SHEPHERD LN
ti ii
,a Proposed CS W W
J J
J .:J
0 0
V 0
0
O
—GEORGETOWNE'SQUARE DR J
co
A_ _ _ _ _ _ _ _
JOYCE BLVD - - - - -__ NORTH
Zoning Acres
• Neighborhood Link
CS 7.4
Regional Link-High Activity
- - Trail(Proposed)
Feet
L _. Design Overlay District
�- - ` 0 75 150 300 450 600
B. _ —'Planning Area
- - • 1 inch = 200 feet Total 7.4
— —1 Fayetteville City Limits
EXHIBIT 'B'
RZN-2021-000067
Survey Description
All of Lot 3 and a part of Lot 4, Concurrent Plat of Northwest Arkansas Mall according to Book
2004, Page 38437 in the public records of Washington County, and being a part of the East half
of the Southwest Quarter, Section 7, Township 17 North, Range 30 West, and being described by
metes and bounds as follows:
BEGINNING at the southwest corner of said Lot 3;
THENCE along the west boundary of said Lot 3, North 03°28'54" East, 391.90 feet to the north
boundary of said Lot 3;
THENCE along said north boundary, South 79°34'17" East, 348.38 feet;
THENCE continuing along said north boundary, North 84°26'56" East, 320.18 feet to the
northeast corner of said Lot 3;
THENCE North 89°51'43" East, 77.83 feet;
THENCE North 63°24'48" East, 72.31 feet;
THENCE North 62°21'03" East, 125.78 feet;
THENCE Easterly along the arc of a curve to the right 24.16 feet having a central angle of
62°16'41", a radius of 22.22 feet, and a chord that bears South 83°27'58" East with a chord
distance of 22.98 feet;
THENCE South 59°40'51" East, 83.48 feet;
THENCE South 08°49'45" West, 34.18 feet to the west right-of-way of N Shiloh Drive;
THENCE along said west right-of-way, South 02°35'26" West, 18.91 feet;
THENCE continuing along said right-of-way, South 02°42'08" West, 259.60 feet;
THENCE along the south boundary of aforementioned Lots 3 and 4, North 87°28'22" West,
526.87 feet to the east boundary of said Lot 3;
THENCE along said east boundary, South 02°31'38" West, 142.77 feet to the north boundary of
an Ingress/Egress easement according to Book 960, Page 783;
THENCE along said north boundary, d North 86°54'13" West, 483.63 feet to the POINT OF
BEGINNING containing 323,252 square feet or 7.42 acres, more or less.
Washington County,AR
I certify this instrument was filed on
10/29/2021 01:05:24 PM
and recorded in Real Estate
File Number 2021-00041783
Kyle Sylvester- Circuit Clerk
............. .
b
y
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6494
File Number: 2021-0762
RZN-2021-067 (4143 N. SHILOH DR./RGMS INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-067 LOCATED AT 4143 NORTH SHILOH DRIVE FOR APPROXIMATELY 7.42
ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from C-2, Thoroughfare Commercial to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/19/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Page 1 Printed on 10120121
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0762
Agenda Date: 10/19/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.5
RZN-2021-067 (4143 N. SHILOH DR./RGMS INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-067 LOCATED AT 4143 NORTH SHILOH DRIVE FOR APPROXIMATELY 7.42 ACRES FROM
C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from C-2, Thoroughfare Commercial to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1012012021
City of Fayetteville Staff Review Form
2021-0762
Legistar File ID
10/19/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 10/1/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000067: Rezone (4143 N. SHILOH DR./RGMS INVESTMENTS, 13S): Submitted by ROBERT GOLTERMANN
for properties located at 4143 N. SHILOH DR. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and
contain approx. 7.42 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES.
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 OCTOBER 19, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: October 1, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000067: Rezone (4143 N. SHILOH DR./RGMS INVESTMENTS, 135):
Submitted by ROBERT GOLTERMANN for properties located at 4143 N. SHILOH
DR. The properties are zoned C-2, THOROUGHFARE COMMERCIAL and contain
approx. 7.42 acres. The request is to rezone the properties to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Planning Commission and City staff and recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in north Fayetteville, just south of the Northwest Arkansas Mall, with
frontage along N. Shiloh Drive. Containing 7.42 acres, the property is currently developed with a
commercial structure which was constructed in the early 1970s according to County records. The
building has been vacant since at least 2013 when a Hooters restaurant closed. The balance of
the property is largely undeveloped, but has access to E. Georgetown Square Drive, a private
street.
Request: The request is to rezone the property to CS, Community Services. The applicant has
indicated an intent to develop a mixed -use development on the site, including new retail and
commercial uses along the N. Shiloh Drive frontage, as well as multi -family to the west.
Public Comment: Staff received one phone call inquiry about the proposal from a member of the
public, who issued a comment in support of the request and in support of redevelopment at this
site. At the Planning Commission hearing, an adjacent business owner expressed support of the
proposal and requested that the City take adequate precautions with the onsite utilities.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding land uses.
The property is largely surrounded by commercial uses, including the Northwest Arkansas Mall.
This is reflected by a uniform C-2, Thoroughfare Commercial zoning designation od properties in
the immediate and larger area. Staff finds that the insertion of a form -based, mixed -use zoning
district to allow residential uses at this location would be of a benefit to the City; bringing more
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
residential uses into a largely commercial area could promote walkability and potentially cut down
on the need for auto -centric trip generation.
While the existing zoning district of C-2 has an urban form option for setbacks, the zoning district
typically follows a more traditional, auto -oriented setback requirement, with parking in the front of
structures. A rezoning to CS would be a paradigm shift for the area by requiring a build -to -zone,
so that any structures developed at this location would be required to front existing streets and
provide for more pedestrian -friendly design requirements. Bulk and area requirements between
the two zoning districts are mostly similar, though CS zoning does require an 18-foot lot width
minimum for residential uses. CS zoning would slightly limit the height requirement to 5 stories,
rather than 6 as permitted in C-2; given the heavily commercial surroundings, staff does not find
issue with the change in height requirement.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as an
Urban Center, which indicates an intent for intense and dense development patterns, the tallest
allowable building heights, and an expectation that vacant properties will be developed into mixed -
use centers. The infill score for this property is high, with access to existing transit routes for both
Ozark Regional Transit and Razorback Transit, as well as proximity to other services and
amenities such as groceries, trail, and park. The rezoning request is also in line with the City's
goals towards development of compact, connected, and complete development.
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:
• Near Sewer Main (8" main along north side of property)
• Near Water Main (8" main along N. Shiloh Drive, additional water mains present
throughout the property)
• Near Grocery Store (Wal-Mart, E. Joyce Blvd.)
• Near City Park (Lake Fayetteville)
• Near Paved Trail (Clear Creek Trail)
• Near ORT Bus Stop (Route 30)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center)
• Near 71 B Corridor
DISCUSSION:
At the September 27, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Sparkman made the motion
and Commissioner Belden seconded. Commissioners found the rezoning to encourage
development that would be complimentary with the surrounding area. Additionally, comment was
made expressing hope that approval of the rezoning will lead to redevelopment of an underutilized
site and repurposing of a vacant building. Further, interest was expressed in the potential for the
City to accept Georgetown Square Drive as a public street. One member of the public spoke at
the meeting as described above.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2021-000067 RG MS Investments RZN-2021-000067
Close Up View EXHIBIT 'A'
C-2
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Subject Property \S
HEPHERD LN
w w
a a
w w
Proposed CS W W
J ..I
J J
O O
U U
2
O
GEORGETOWNE-SQUARE DR
JOYCE BLVDM
Neighborhood Link
Regional Link - High Activity
Trail (Proposed)
Design Overlay District
Planning Area
u - -, Fayetteville City Limits
Feet
0 75 150 300 450
1 inch = 200 feet
-----._-.___ --_NORTH
Zoninq Acres
C S 7.4
Total 7.4
EXHIBIT 'B'
RZN-2021-000067
Survey Description
All of Lot 3 and a part of Lot 4, Concurrent Plat of Northwest Arkansas Mall according to Book
2004, Page 38437 in the public records of Washington County, and being a part of the East half
of the Southwest Quarter, Section 7, Township 17 North, Range 30 West, and being described by
metes and bounds as follows:
BEGINNING at the southwest corner of said Lot 3;
THENCE along the west boundary of said Lot 3, North 03°28'54" East, 391.90 feet to the north
boundary of said Lot 3;
THENCE along said north boundary, South 79°34'17" East, 348.38 feet;
THENCE continuing along said north boundary, North 84°26'56" East, 320.18 feet to the
northeast corner of said Lot 3;
THENCE North 89°51'43" East, 77.83 feet;
THENCE North 63°24'48" East, 72.31 feet;
THENCE North 62°21'03" East, 125.78 feet;
THENCE Easterly along the arc of a curve to the right 24.16 feet having a central angle of
62°16'41", a radius of 22.22 feet, and a chord that bears South 83°27'58" East with a chord
distance of 22.98 feet,
THENCE South 59°40'51" East, 83.48 feet;
THENCE South 08°49'45" West, 34.18 feet to the west right-of-way of N Shiloh Drive;
THENCE along said west right-of-way, South 02°35'26" West, 18.91 feet;
THENCE continuing along said right-of-way, South 02°42'08" West, 259.60 feet;
THENCE along the south boundary of aforementioned Lots 3 and 4, North 87°28'22" West,
526.87 feet to the east boundary of said Lot 3;
THENCE along said east boundary, South 02°31'38" West, 142.77 feet to the north boundary of
an Ingress/Egress easement according to Book 960, Page 783;
THENCE along said north boundary, d North 86°54'13" West, 483.63 feet to the POINT OF
BEGINNING containing 323,252 square feet or 7.42 acres, more or less.
1p".- -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
September 27, 2021 (Updated with Planning Commission Results)
SUBJECT: RZN-2021-000067: Rezone (4143 N. SHILOH DR./RGMS
INVESTMENTS, 135): Submitted by ROBERT GOLTERMANN for
properties located at 4143 N. SHILOH DR. The properties are zoned C-2,
THOROUGHFARE COMMERCIAL and contain approximately 7.42 acres.
The request is to rezone the properties to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000067 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000067 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville, just south of the Northwest Arkansas Mall, with
frontage along N. Shiloh Drive. Containing 7.42 acres, the property is currently developed with a
former restaurant and commercial structure was constructed in the early 1970s according to
County records. The building has been vacant since at least 2013 when Hooters closed. The
balance of the property is largely undeveloped, but has access to E. Georgetown Square Drive,
a private street. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial Northwest Arkansas Mall
C-2, Thoroughfare Commercial
South
Commercial
C-2, Thoroughfare Commercial
East
Commercial
C-2, Thoroughfare Commercial
(across 71-13, College Avenue)
West
Commercial
C-2, Thoroughfare Commercial
Request: The request is to rezone the property to CS, Community Services. The applicant has
indicated an intent to develop a mixed -use development on the site, including new retail and
commercial uses along the N. Shiloh Drive frontage, as well as multi -family to the west.
Public Comment: Staff received one phone call inquiry about the proposal from a member of the
public, who issued a comment in support of the request and in support of redevelopment at this
site.
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Shiloh Drive, which is a partially improved
Neighborhood Link street with asphalt paving and curb and gutter. Shiloh is
interrupted immediately northeast of this property by steep terrain and Shepard
Lane, the main access to the Northwest Arkansas Mall. 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 on the west side of N. Shiloh Drive. An existing 6-inch water main is
present through the center of the subject property, and an existing 8-inch water
main is present on the north side of the subject property.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present on the north side of the subject property.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 1.2 miles from the fire station with an anticipated drive time
of approximately 6 minutes using existing streets. The anticipated response time
would be approximately 8.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of this site is located within the Hillside -Hilltop
Overlay District, no protected streams are in the area, and the property does not
lie within a FEMA floodplain. There are also no hydric soils present on the site.
Tree Preservation:
The proposed zoning district of CS, Community Services requires 20% minimum
canopy preservation. The current zoning district of C-2, Thoroughfare
Commercial 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 as Urban Center.
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
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 2 of 13
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 10.5. The following elements of the matrix contribute to the score:
• Near Sewer Main (8" main along north side of property)
• Near Water Main (8" main along N. Shiloh Drive, additional water mains present
throughout the property)
• Near Grocery Store (Wal-Mart, E. Joyce Blvd.)
• Near City Park (Lake Fayetteville)
• Near Paved Trail (Clear Creek Trail)
• Near ORT Bus Stop (Route 30)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center)
• Near 71 B Corridor (Yes)
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: Staff finds the request to be compatible with the
surrounding land uses. The property is largely surrounded by commercial
uses, including the Northwest Arkansas Mall. This is reflected by a uniform
C-2, Thoroughfare Commercial zoning designation od properties in the
immediate and larger area. Staff finds that the insertion of a form -based,
mixed -use zoning district to allow residential uses at this location would be
of a benefit to the City; bringing more residential uses into a largely
commercial area could promote walkability and potentially cut down on the
need for auto -centric trip generation.
While the existing zoning district of C-2 has an urban form option for
setbacks, the zoning district typically follows a more traditional, auto -
oriented setback requirement, with parking in the front of structures. A
rezoning to CS would be a paradigm shift for the area by requiring a build -
to -zone, so that any structures developed at this location would be required
to front existing streets and provide for more pedestrian -friendly design
requirements. Bulk and area requirements between the two zoning districts
are mostly similar, though CS zoning does require an 18-foot lot width
minimum for residential uses. CS zoning would slightly limit the height
requirement to 5 stories, rather than 6 as permitted in C-2; given the heavily
commercial surroundings, staff does not find issue with the change in height
requirement.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as an Urban Center, which indicates
an intent for intense and dense development patterns, the tallest allowable
building heights, and an expectation that vacant properties will be developed
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 3 of 13
into mixed -use centers. The inf ill score for this property is high, with access
to existing transit routes for both Ozark Regional Transit and Razorback
Transit, as well as proximity to other services and amenities such as
groceries, trail, and park. The rezoning request is also in line with the City's
goals towards development of compact, connected, and complete
development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from C-2 to CS is justified to bring the area into agreement with the
"Urban Center" designation at this site, which would allow more residential
uses by right and lead to a more compact, complete, and connected
neighborhood in this area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Any redevelopment of this property, even under its current zoning district,
would potentially increase traffic at this location. However, given the
applicant's request to rezone the property from C-2 to CS, staff finds that the
addition of potential residential uses at this location somewhat alleviates
this concern, given that there would be potential for walkability or shorter
vehicle trips to the existing services in the area, potentially limiting or
reducing vehicle trip generation. Also, the close proximity of this site to
available alternative transportation networks such as Ozark Regional Transit
Route 30 and the Razorback Bus Route 26 further alleviates concern from
staff that added density or intensity to this site would appreciably increase
traffic danger.
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 C-2 to CS could potentially increase the
population density in the area, since residential uses are not typically
permitted in C-2 zoning. CS also does not have a stated density maximum,
should residential uses be developed on the site. That said, the existence of
sewer and water at this location, as well as proximity to 71-B and other street
infrastructure, staff does not find that added density at this location would
negatively affect the area, but rather finds that opposite; the addition of
residential uses in this area would largely be of a benefit to the surrounding
commercial uses, and would be largely complementary of one another.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 4 of 13
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2021-000067.
PLANNING COMMISSION ACTION: Required YES
Date: September 27, 2021 O Tabled xO Forwarded O Denied
(Motion: Sparkman, recommending approval
ISecond: Belden
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.23 District C-2, Thoroughfare Commercial
o §161.22 Community Services
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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 laces
Unit 14
Hotel, motel, and amusement facilities
Unit 16
1 Shopping goods
Unit 17
1 Transportation trades and services
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 5 of 13
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
1 Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
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
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`
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 6 of 13
* 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)
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
1 Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping goods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 7 of 13
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21)
Planning Commission
September 27, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 8 of 13
RZN-2021-000067
Request
Letter
Letter of Intent — Request
By: Robert Goltermann
8300 Eager Rd.
Suite 601
St. Louis, MO 63144
DCM,,roup
Commercial Real Estate Services
Regarding: The rezoning of parcel # 765-15581-003, with a street address of 4143 N. Shiloh Drive,
Fayetteville, AR 72703.
Request: To rezone from C2 to CS
Statement:
We are confident this project will not unreasonably adversely affect or conflict with the
surrounding land uses, but rather will positively impact the surrounding area. Our goal is to
provide a pedestrian friendly, dense mixed -use development that will bring additional
customers/patrons to the neighboring commercial businesses. The project will include 169
apartments, a 6,000 sq. ft. retail center, modern amenities and ample parking.
We believe our project will provide a needed urban housing option for the neighborhood where
residents can work and live along with activating a currently under-utilized infill location.
Additionally, we believe this is the perfect use based upon how the site is currently being used.
What better way than to activate the site with an influx of consumers.
Please do not hesitate to contact me directly should you have any questions or concerns about
this project. I am always happy to discuss ideas!
Sincerely,
Robert Goltermann
8300 Eager Road, Suite 601 Brentwood, Missouri 63144 tel: 314-727-93Mptember 27, 2021
fax: 314-485-2265 Agenda Item 8
RZN 21-000067 RGMS
Page 9 of 13
RZN-2021-000067 RG M S Investments
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sslon
2021
Agenda Item 8
RZN 21-000067 RGMS
Page 10 of 13
RZN-2021-000067
Close Up View
RGMS Investments
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- Regional Link - High Activity
- - - Trail (Proposed)
Design Overlay District
Planning Area
u - -, Fayetteville City Limits
Feet
0 75 150 300 450
1 inch = 200 feet
Total 7.4
Planning
C...f
ssion
2021
Agenda Item 8
RZN 21-000067 RGMS
Page 11 of 13
RZN-2021-000067 RGMS Investments A&
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Regional Link FEMA Flood Hazard Data
Neighborhood Link
Regional Link - High Activity 100-Year Floodplain
— — — Trail (Proposed) Feet Floodway
- -1 Planning Area 0 112.5 225 450 675 900
- -! Fayetteville City Limits 1 inch = 300 feet
Design Overlay District Planning Co m
7,
ssion
2021
Agenda Item 8
RZN 21-000067 RGMS
Page 12 of 13
RZN-2021-000067 RG M S Investments
Future Land Use
w
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Regional Link
Neighborhood Link
Regional Link - High Activity
Planning Area
- -, Fayetteville City Limits
- - - Trail (Proposed)
Design Overlay District
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Subject Property
NORTH
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0 145 290 580 870
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City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center Planning Co mission
7, 2021
Agenda Item 8
RZN 21-000067 RGMS
Page 13 of 13
RC, 3CX !C07, FAYETTEVILLE, jap, 727C2 • e 79.4;2-1 %00 - FAX479-695.111.8 • WWW MADG.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 6494
Was inserted in the Regular Edition on:
October 24, 2021
Publication Charges: $85.12
Brittany Smith
Subscribed and sworn to before me
This 2s day of pct- , 2021.
Cathy Wiles
Benton COUNTY
azk L4� NOTARY PUBLIC - ARKANSAS
Notary Public My Commission Expires 02-20-2024
My Commission Expires: Zh,,>�* Commission No. 12397118
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance:6494
File Number: 2021-0762
RZN-2021-067 (4143 N. SHILOH
DR./RGMS INVESTMENTS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-067
LOCATED AT 4143 NORTH SHILOH
DRIVE FOR APPROXIMATELY 7.42
ACRES FROM C-2,
THOROUGHFARE COMMERCIAL
TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from C-2,
Thoroughfare Commercial to CS,
Community Services.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
PASSED and APPROVED on
l0/l9/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer of
the City of Fayetteville, Arkansas.
Amount paid: 585.12.
75481069 Oct 24, 2021
OF FAYE,TF
� L
1
4 _ • i�
G
li
441 ANSPS
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6494
File Number: 2021-0762
RZN-2021-067 (4143 N. SHILOH DR./RGMS INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-067 LOCATED AT 4143 NORTH SHILOH DRIVE FOR APPROXIMATELY 7.42
ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from C-2, Thoroughfare Commercial to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/19/2021
Approved:
Lioneld Jordan, Mayor
Page 1
Attest:
Kara Paxton, City Clerk Treasurer
Printed on 10120121
This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount paid: 85.12