HomeMy WebLinkAboutOrdinance 6495 4 •AYETTF,(\ 1111111111�I�I111IIHHIIII1111111111111111II111II����II111II111II1II11111II
`f-o- ", ,. Doc ID: 020206660003 Type: REL
I' !l'A Kind: ORDINANCE
Recorded: 10/29/2021 at 01:05:51 PM
Fee Amt: $25.00 Page 1 of 3
\gRK�,ss Washington County, AR
Kyle Sylvester Circuit Clerk
113 West Mountain Street File 202 1-0004 1 7 8 4
Fayetteville,AR 72701
(479)575-8323
Ordinance: 6495
File Number: 2021-0764
RZN-2021-069(1471 S.SHILOH DR./LLEJ IX, LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-069 LOCATED AT 1471 SOUTH SHILOH DRIVE FOR APPROXIMATELY 2.09
ACRES FROM R-A,RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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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Page 1 Printed on 10/20/21
RZN-2021-000069 LLEJ, LLC
XI, RZN-2021-000069
Close Up View EXHIBIT 'A'
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NORTH
Neighborhood Link Zoning Acres
soma Freeway/Expressway
" Planned Neighborhood Link CS 2.1
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Hillside-Hilltop Overlay District
Trail(Proposed) Feet
I__._I Design Overlay District , 0 75 150 300 450 600
1.- — Planning Area
- - 1 inch = 200 feet Total 2.1
I— — I Fayetteville City Limits
RZN-2021-000069
EXHIBIT 'B'
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID
FORTY ACRE TRACT, BEING THE SOUTHEAST CORNER OF LAND
BELONGING NOW OR FORMERLY TO THE DALE HULET TRUST, AND
RUNNING THENCE ALONG THE WEST LINE OF SAID SECTION 20, AND EAST
LINE OF SAID DALE HULET TRUST LAND NO2°36'54"E 492.47'TO A SET IRON
PIN, THENCE DEPARTING SAID DALE HULET TRUST LAND S86°57'30"E 7.20'
TO A FOUND IRON PIN, THENCE N37°11'06"E 21.97'TO A POINT ON THE WEST
RIGHT OF WAY LINE OF SOUTH SHILOH DRIVE, THENCE ALONG SAID
RIGHT OF WAY LINE THE FOLLOWING SIX (6)COURSES AND DISTANCES:
(1)THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 454.41', AN
ARC LENGTH OF 115.98', AND A CHORD BEARING AND DISTANCE OF
S22°29'19"E 115.67'TO A SET IRON PIN, (2)THENCE S29°48'02"E 84.44'TO A
SET IRON PIN, (3)THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS
OF 848.51', AN ARC LENGTH OF 172.78', AND A CHORD BEARING AND
DISTANCE OF S35°38'02"E 172.48'TO A SET IRON PIN, (4)THENCE S41°28'02"E
28.74'TO A SET IRON PIN, (5)THENCE ALONG A CURVE TO THE RIGHT, WITH
A RADIUS OF 394.41', AN ARC LENGTH OF 198.37', AND A CHORD BEARING
AND DISTANCE OF S27°03'33"E 196.29'TO A SET IRON PIN, (6)THENCE
S12°39'02"E 7.32'TO A FOUND IRON PIN AT THE INTERSECTION OF THE
WEST RIGHT OF WAY LINE OF SOUTH SHILOH DRIVE WITH THE NORTH
LINE OF LAND BELONGING NOW OR FORMERLY TO THE JOHNSON FAMILY
REVOCABLE TRUST, THENCE DEPARTING SAID WEST RIGHT OF WAY LINE
AND ALONG THE NORTH LINE OF SAID JOHNSON REVOCABLE TRUST LAND
N87°30'58"W 339.87'TO THE POINT OF BEGINNING. CONTAINING 2.09 ACRES
MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS-OF-WAY OF
RECORD, IF ANY.
Washington'~ don
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10/28/2021 O1:05:51 PM
and recorded \n Real Estate
File Number 2O21'OOO417B4
Kyle Sylvester' Circuit Clerk
-----'—
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0764
Agenda Date: 10/19/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
RZN-2021-069 (1471 S. SHILOH DR./LLEJ IX, LLQ:
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-069 LOCATED AT 1471 SOUTH SHILOH DRIVE FOR APPROXIMATELY 2.09 ACRES FROM
R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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
2021-0764
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-2021-000069: Rezone (1471 S. SHILOH DR./LLEJ IX, LLC., SS9): Submitted by BLEW & ASSOCIATES, INC. for
property located at 1471 S. SHILOH DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains
approximately 2.09 acres. The request is to rezone the property 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
FROM: Jessie Masters, Development Review Manager
Jonathan Curth, Development Services Director
DATE: October 1, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000069: Rezone (1471 S. SHILOH DR./LLEJ IX, LLC., 559):
Submitted by BLEW & ASSOCIATES, INC. for property located at 1471 S.
SHILOH DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL and
contains approximately 2.09 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES.
RECOMMENDATION:
The Planning Commission and City staff 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 approximately'/4 mile south of S. Shiloh Drive's intersection with
W. Martin Luther King Blvd. The property contains 2.09 acres and is currently undeveloped. The
majority of the property is located within the Hillside -Hilltop Overlay District (HHOD), as well as
the 1-540 Overlay District. While the HHOD standards largely pertain to sensitive and responsible
development on sloped terrain, the 1-540 Overlay District's standards are largely limited to
prohibiting pole signs and requiring higher building design standards for industrial development.
Another relevant aspect to the site is the proposed overpass proposed to the southeast that will
connect W. 15th Street to S. Shiloh Drive.
Request: The request is to rezone the property from R-A, Residential Agricultural, to CS,
Community Services. This is a revision from the original request of UT, Urban Thoroughfare,
which staff does not support. The applicant has not submitted any additional development plans.
Public Comment: Prior to the Planning Commission, staff received one phone call inquiry about
the proposal, but the member of the public did not issue any specific comments or concerns with
the request. At the hearing a nearby resident who bikes and walks along Shiloh expressed
concern about the previous request for UT, that it may reduce the aesthetic quality of the property,
and that development could result in too much traffic being directed to the area.
Land Use Compatibility. As noted above, staff did not support the request to rezone the property
to UT. UT is among the City's zoning districts with the greatest potential for density and intensity.
Where previous zoning actions created the stark change from C-2, Thoroughfare Commercial, to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the north into the R-A designation of the subject property, a rezoning to UT would perpetuate this
into the next property to the south, where a more gradual transition in to the undeveloped wooded
area is more suitable. Accordingly, staff finds CS to be more appropriate and compatible with
surrounding properties. Rezoning the property to CS maintains many of the positive aspects of
UT, including an allowance for residential and nonresidential use, and the standard to place
buildings at the street, while also affording more scrutiny of land uses with larger impacts, like
hotels and vehicle -oriented businesses. Additionally, given the property's location within the
Hillside -Hilltop Overlay District, staff finds that site development standards include constraints that
can further assure moderate and contextual intensity
Land Use Plan Analysis: Staff finds that the request is generally consistent with long-range plans.
The area includes a split Future Land Use Map designation of Urban Center Area and Natural
Area. While staff finds that the CS zoning district aligns with the intent of an Urban Center Area,
including a mixing of uses, higher densities, and, as the name suggests, urban characteristics
and design, Natural Areas are the inverse, where land is intended for preservation in its current
state. More straightforward is the property's numerous attributes suggesting it is appropriate as
infill, ranging from the fundamentals like access to water, sewer, and groceries to amenities like
proximity to trail, transit, and parkland. While direct access to these facilities and retail may
necessitate additional travel due to terrain, the abundance of services, employment, and
infrastructure indicate that rezoning the property can encourage appropriate infill. This is
however, juxtaposed with the entirety of the property being within the Enduring Green Network,
along with most neighboring properties north to Martin Luther King, south to Kessler Park, west
to Walmart, and east to Hollywood Avenue. All told, staff finds that the request to CS will create
the aforementioned transition from higher intensity uses to more community -centered ones along
with natural and conserved land.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-9 for this
site. The following elements of the matrix contribute to the score:
• Adequate Fire Response
• Near Sewer Main (12" north of property on S. Shiloh Drive)
• Near Water Main (1.5" in W. 15th Street)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
• Near Public School (Ramay Jr. High)
• Near City Park (Finger Park)
• Near Paved Trail (Shiloh Trail)
• Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
• Appropriate Future Land Use (Urban Center)
DISCUSSION:
At the September 27, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the
amended request of CS, Community Services, to City Council with a recommendation of approval.
Commissioner Belden made the motion and Commissioner Winston seconded. Discussion
largely centered on the forthcoming ArDOT proposal to extend W. 151h Street westward across
Interstate 49 and linking to S. Shiloh Drive. Commissioners saw this connection as sufficient
reason to reconsider the long-range planning intentions for the property. 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-2021-000069 LLEJ, XI, LLC
Close Up View
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15TH - ST
Subject Property
N-2021-000069
EXHIBIT 'A'
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CS
UT
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Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
Hillside -Hilltop Overlay District
— Trail (Proposed) Feet
Design Overlay District
0 75 150 300 450 600
- ` Planning Area
' Fayetteville City Limits 1 inch = 200 feet
L__
NORTH
Zoning Acres
CS 2.1
Total 2.1
RZN-2021-000069
EXHIBIT 'B'
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF SAID
FORTY ACRE TRACT, BEING THE SOUTHEAST CORNER OF LAND
BELONGING NOW OR FORMERLY TO THE DALE HULET TRUST, AND
RUNNING THENCE ALONG THE WEST LINE OF SAID SECTION 20, AND EAST
LINE OF SAID DALE HULET TRUST LAND N02036'54"E 492AT TO A SET IRON
PIN, THENCE DEPARTING SAID DALE HULET TRUST LAND S86°57'30"E 7.20'
TO A FOUND IRON PIN, THENCE N37011'06"E 21.97' TO A POINT ON THE WEST
RIGHT OF WAY LINE OF SOUTH SHILOH DRIVE, THENCE ALONG SAID
RIGHT OF WAY LINE THE FOLLOWING SIX (6) COURSES AND DISTANCES:
(1) THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS OF 454.41', AN
ARC LENGTH OF 115.98', AND A CHORD BEARING AND DISTANCE OF
S22029'19"E 115.67' TO A SET IRON PIN, (2) THENCE S29048'02"E 84.44' TO A
SET IRON PIN, (3) THENCE ALONG A CURVE TO THE LEFT, WITH A RADIUS
OF 848.5 F, AN ARC LENGTH OF 172.78', AND A CHORD BEARING AND
DISTANCE OF S35038'02"E 172.48' TO A SET IRON PIN, (4) THENCE S41028'02"E
28.74' TO A SET IRON PIN, (5) THENCE ALONG A CURVE TO THE RIGHT, WITH
A RADIUS OF 394.41', AN ARC LENGTH OF 198.37', AND A CHORD BEARING
AND DISTANCE OF S27003'33"E 196.29' TO A SET IRON PIN, (6) THENCE
S12039'02"E 7.32' TO A FOUND IRON PIN AT THE INTERSECTION OF THE
WEST RIGHT OF WAY LINE OF SOUTH SHILOH DRIVE WITH THE NORTH
LINE OF LAND BELONGING NOW OR FORMERLY TO THE JOHNSON FAMILY
REVOCABLE TRUST, THENCE DEPARTING SAID WEST RIGHT OF WAY LINE
AND ALONG THE NORTH LINE OF SAID JOHNSON REVOCABLE TRUST LAND
N87030'58"W 339.87' TO THE POINT OF BEGINNING. CONTAINING 2.09 ACRES
MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: September 27, 2021 (Updated with Planning Commission Results)
SUBJECT: RZN-2021-000069: Rezone (1471 S. SHILOH DR./LLEJ IX, LLC., 559):
Submitted by BLEW & ASSOCIATES, INC. for property located at 1471 S.
SHILOH DR. The property is zoned R-A, RESIDENTIAL AGRICULTURAL
and contains approximately 2.09 acres. The request is to rezone the
property to UT, Urban Thoroughfare.
RECOMMENDATION:
Staff recommends denial of RZN-2021-000069.
RECOMMENDED MOTION:
1 move to deny RZN-2021-000069."
BACKGROUND:
The subject property is located approximately'/4 mile southeast of S. Shiloh Drive's intersection
with W. Martin Luther King Blvd. The property contains 2.09 acres and is currently undeveloped.
The majority of the property is located within the Hillside -Hilltop Overlay District, as well as the I-
540 Overlay District. Surrounding land uses and zoning is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Hospital
C-2, Thoroughfare Commercial
South
Undeveloped
R-A, Residential -Ag ricultural
East
Undeveloped
R-A, Residential -Ag ricultural
West
Single -Family Residential/Undeveloped
R-A, Residential Agricultural
Request: The applicant initially requested to rezone this property to UT, Urban Thoroughfare.
Following public notification to that effect, the applicant submitted an amended request to rezone
this property to CS, Community Services. Staff is recommending denial of the first request to UT,
Urban Thoroughfare, but recommends in favor of the request to rezone the property to CS,
Community Services.
Public Comment: Staff has received one phone call inquiry about the proposal, but the member
of the public did not issue any specific comments or concerns with the request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along S. Shiloh Drive. S. Shiloh Drive is a partially
improved Neighborhood Link street with asphalt paving and curb and gutter. Any
street improvements required in these areas would be determined at the time of
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 1 of 18
development proposal.
Water: Public water is available to the subject area. An existing 1.5-inch water main is
present on the North side of W. 15th Street.
Sewer: Sanitary Sewer is not available to the subject area.
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 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately 0.9 miles from the fire station with an anticipated drive time
of approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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. A portion of the subject area lies within the Hillside -Hilltop
Overlay District. Additional restrictions will apply at the time of development.
Engineered footing designs will be required at the time of building permit submittal,
as well as grading, erosion control and abbreviated tree preservation plans.
No portion of the site is within a FEMA floodplain, there is no protected stream
present in the subject area, and there are no hydric soils on the property.
Tree Preservation:
The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum
canopy preservation. The zoning district of CS, Community Services requires
20% minimum canopy preservation. The current zoning district of R-A,
Residential -Agricultural requires 25% 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 and Natural 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.
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 2 of 18
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 6-9
for this site, with a weighted score of 8. The following elements of the matrix contribute to the
score:
• Adequate Fire Response
• Near Sewer Main (12" north of property on S. Shiloh Drive)
• Near Water Main (1.5" in W. 15t" Street)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
• Near Public School (Ramay Jr. High)
• Near City Park (Finger Park)
• Near Paved Trail (Shiloh Trail)
• Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
• Appropriate Future 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: Staff finds the request to rezone the property from
R-A, Residential -Agricultural to UT, Urban Thoroughfare to be incompatible.
Much of the surrounding property to the east, south, and west of the property
is currently undeveloped or minimally developed, and the property's
frontage along S. Shiloh Drive is underimproved at this time. The property is
also currently lacking adequate access and frontage to sewer facilities. To
the immediate north, however, is a hospital/emergency center use, and the
property is located approximately 1/4 mile south of S. Shiloh Drive's
intersection with W. Martin Luther King Jr. Blvd and 1-49. This indicates to
staff that the property is within close proximity to other services and
amenities, and therefore a potential to rezone the property to allow additional
uses beyond those available in R-A is likely compatible at this location given
the surrounding context. The UT zoning district, however, is one of the City's
highest intensity districts, allowing for buildings up to 7 stories tall, with
automotive uses, drive-thru restaurants and gas stations permitted by -right.
Given the current surroundings, staff finds this request may be premature
for this site. There are some elements of UT zoning that staff does find would
be compatible if the property were to be redeveloped; UT is a form -based
zoning district, which would require structures to be developed with
walkable elements such as a build -to -zone and heightened design
requirements. Staff finds that the benefits of UT zoning would also be
available if the property were to be rezoned to CS, Community Services,
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 3 of 18
which staff finds would overall be a more compatible request at this location.
The uses in CS are less intense, with most automotive and higher intensity
uses requiring further conditional use permit approval, and permitted
building heights maxing out at 5 stories are likely more compatible. Given
the site's location within the Hillside -Hilltop Overlay District, staff also finds
that a building constructed to 5 stories would not necessarily even be that
likely for this location. Staff did receive a formal request from the applicant
to consider a CS zoning at this location, which staff finds would be more in
line with the future land use plans for the area and its current surroundings.
Land Use Plan Analysis: Staff finds that the request to UT is not consistent
with adopted land use policies, or the Future Land Use Map designation for
the area. Though a small portion of the property is designated as an "Urban
Center," which is meant to accommodate dense and intense development
patterns, staff finds that the majority of the site is called out as a "Natural
Area." Staff finds that rezoning the property to one of the highest intensity
districts in the City is not ultimately compatible with that designation. That
said, staff also notes that the southern -most portion of the property has a
planned Master Street Plan connection for a Neighborhood Link Street,
indicating an intention for future connectivity through the site, and future
street frontage. It is possible that maintaining this area as a Natural Area may
not be completely in line with eventual long-term land use plans for this area,
and a possible reconsideration of this designation may merit further scrutiny
at this location. Given the abrupt transition between "Urban Center" and
"Natural Area" designations that occurs on this site, staff finds that a request
to CS could help transition the site from higher intensity uses to more
community -centered ones as the area transitions into a more natural and
conserved land -use area to the south of the proposed master street plan
connection.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff does not find that a rezone from R-A to UT is justified at this location,
but would support the applicant's amended request for CS, Community
Services, finding that the CS zoning district is compatible with surrounding
land uses and potential future land use plans for the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from R-A to UT can appreciably increase traffic at this
site, as could a request for CS. That said, planned infrastructure
improvements are pending for this area, including ARDOT improvements to
1-49 and S. Shiloh Drive indicating a potential overpass connection at this
location. Also, the City's Master Street Plan shows a planned Neighborhood
Link Street connection at the property's southernmost border. Given
additional planned infrastructure improvements on or near this site, staff
finds that additional development at this location partially alleviates concern
about traffic increases.
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 4 of 18
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 R-A to UT or CS has the potential to alter the
population density at this location, and potentially places an undesirable
burden on public services. The property does not currently have direct
access to sewer, so extensions would be required prior to any
redevelopment of the site, though those initial costs would be borne by the
developer. Fayetteville Public Schools did not comment on the 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:
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 denial of RZN-2021-000069.
PLANNING COMMISSION ACTION: Required YES
Date: September 27, 2021 O Tabled xO Forwarded O Denied
Motion: Belden, accepting the amended request to CS and recommending approval
(Second: Winston
I Vote: 7-0-0
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 5 of 18
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential -Agricultural
o §161.22 Community Services
o §161.24 Urban Thoroughfare
• Applicant Request Letter
• 15t" Street & Interstate 49 Overpass Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 6 of 18
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 7 of 18
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; 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."
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 18
Gasoline service stations and drive-in/drive through
restaurants
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
Unit 46
Short-term rentals
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
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 8 of 18
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
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; 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
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 9 of 18
161.24 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile -oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare 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 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating laces
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
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 store
Unit 40
Sidewalk cafes
Unit 41
Accessory Dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale preduction
Unit 46
Short-term rentals
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 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
1 Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None
(D) Bulk and Area Regulations.
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 10 of 18
(1) Lot Width Minimum.
Single-family dwelling
18 feet
All other dwellings
None
Non-residential
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/7 stories*
* A building or a portion of a building that is located between 10 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 portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum
height of seven (7) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Minimum buildable street frontage. 50% of the lot width.
(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, 8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No.
6427 , §§l (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
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 11 of 18
BLEW & ASSOCIATES, PA
CIVIL ENGINEERS & LAND SURVEYORS
September 20, 2021
City of Fayetteville
125 W. Mountain Street
Fayetteville, Arkansas
c/o City of Fayetteville's Planning Commission
SUBJECT: Rezoning of Parcel 765-14875-000
Dear Commissioners:
RZN-2021-000069
Request
Letter
The developer, 1471 South Shiloh, LLC, and the property owner, LLEJ XI, LLC, propose to rezone a tract of
land from Residential -Agricultural (R-A) to Community Services (CS). The subject property is located at
1471 S. Shiloh (Parcel 765-14875-000) and is slightly less than 2.0 acres.
Per the City of Fayetteville's Zoning Map, the property is bordered by Commercial Zoning (C-2) to the
North and Residential — Office (R-O) to the South. On the opposite side of the Interstate, southeast of the
property is a property that is zoned Urban Thoroughfare (UT). East of this property is a property that is
zoned High -Density Residential (RMF-12). The remaining area is zoned low and medium density
Residential.
The property lies adjacent to the 1-49 right of way and is about 1 block away from the MLK Corridor that
is one of the major commercial thoroughfares for the City. The applicant submits that this subject
property would suffer from the noise pollution resulting from the highly trafficked 1-49 corridor making it
distasteful for any other type of development on this parcel. The rezoning request would create a good
buffer creating additional distance between the noise pollution from the highly trafficked 1-49 corridor to
the east of the property and residential areas (currently very sparsely developed) to the west of the
property.
Per conversation with City Staff, we understand that the City's master street plan lays out the connectivity
that will follow from the Arkansas Department of Transportation's planned interchange improvement
project to construct a new 15th Street overpass over 1-49 directly to the south and bordering the subject
property. We anticipate that with the interchange improvement, including a future round -about serving
the new 15th Street overpass, commercial development on South Shiloh will accelerate.
Per the City's Future Land Use Plan, the subject property is in a designated Natural Area. However, the
property lies directly south of an Urban Center area on the Future Land Use Plan, an area that has seen
significant commercial development with this site being a natural expansion to that commercial
development.
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS -
PHONE:4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1
72703
8 �Fning Commission
2ptember 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 12 of 18
From a review of the City's Contour Maps, the site is on a significant slope with the point of access to this
site being at the lowest level. These physical qualities of the site will result in a development that is 10 -
15 feet lower that the surrounding areas thereby minimizing any visual impact to the surrounding
properties.
Additionally, adherence to the landscaping requirements of the City, the proposed rezoning and
development on the subject property will offer more buffer to the surrounding properties.
Sincerely,
Quesne
ssociates, PA
BLEW & ASSOCIATES, PA
2 I PAGE
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 13 of 18
RZN-2021-000069
15th Street & Interstate 49
Overpass Exhibit
MLK Blvd.
Shiloh Dr.
Subject Property
(approx.)
15th Street
Planning Commission
September 27, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 14 of 18
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 15 of 18
RZN-2021-000069
Close Up View
15THST
Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
Hillside -Hilltop Overlay District
— Trail (Proposed)
Design Overlay District
- ` Planning Area
L — Fayetteville City Limits
LLEJ, XI, LLC
•
•
A to
a•■°',i
N ■■
■
1
RMF-12 #
1
1
1
1
Subject Property ►
T
S
`IVY, �
0 <
ed �,fj- %
ti ■
t
ri UT
RSF-4
R-O
I
i
NORTH
Feet
0 75 150 300 450
1 inch = 200 feet
:11
Zoninq Acres
UT 2.1
Total 2.1
Planning
ssion
2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 16 of 18
RZN-2021-000069 LLEJ, XI, LLC A&
Current Land Use NORTH
Hotel/Motel p�
-- ; Hospital oy0
. A 1- : rLp-IK .y/PcF
Mobile Home
Park
9
1� = Multi -Family
Residential
s, It
Single -Family �A '
. < r
\
L' Undeveloped
i
,I
Neighborhood Link FEMA Flood Hazard Data
Freeway/Expressway
Planned Neighborhood Link 100-Year Floodplain
- - - Trail (Proposed) Feet Floodway
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 9
RZN 21-000069 LLEJ IX
Page 17 of 18
RZN-2021-000069
Future Land Use
`A
Neighborhood Link
— Regional Link - High Activity
— Freeway/Expressway
20 Planned Neighborhood Link
` Planning Area -
L — Fayetteville City Limits
— — — Trail (Proposed)
I Design Overlay District
Natural
LLEJ, XI, LLC
�P�A ,, ,62
�% i _ BEST WA'
sy
i
15TH ST
Subject Property �
I
11
1
I/
Feet
0 145 290 580 870
1 inch = 400 feet
1,160
NORTH
LOB o
0 _
VENTURA AR
PL Lb
��4GUNA LOOP
OR I
%ST
�`
city
Neighborhood
i
i
i
i
i
i
i
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center Planning Co mission
7, 2021
Agenda Item 9
RZN 21-000069 LLEJ IX
Page 18 of 18
DemocratAR&
vww��
G.O. BOX 1607, FAVEITEViLLE, AP, 72702 - 475.442-1700 - FAX 479-695-I1119 - WWW.NWhD'G.COM
AFFIDAVIT OF PUBLICATION
1, 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 6495
Was inserted in the Regular Edition on:
October 24, 2021
Publication Charges; $83.60
6.:�k SAW.
Brittany ginith
Subscribed and sworn to before me
This 2�day of pd' , 2021.
Notary Public My Commission Expires: , / 242`
**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: 6495
File Number: 2021-0764
RZN-2021-069(1471 S.SHILOH
DRALEJ IX, LLC):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-069
LOCATED AT 1471 SOUTH SHILOH
DRIVE FOR APPROXIMATELY 2.09
ACRES FROM R-A, RESIDENTIAL
AGRICULTURAL 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 R-A,
Residential Agricultural 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
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by: The City Clerk -Treasurer
the City of Fayetteville, Arkansas.
Amount paid: S83.60.
75481072 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: 6495
File Number: 2021-0764
RZN-2021-069 (1471 S. SHILOH DR./LLEJ IX, LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-069 LOCATED AT 1471 SOUTH SHILOH DRIVE FOR APPROXIMATELY 2.09
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL 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 R-A, Residential Agricultural 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: $ 83.60