HomeMy WebLinkAboutOrdinance 6526RZN-2021-000080
Close Up View
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Cobb -Westphal
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C-i ' 70" Subject Property
R-A
RSF-4
R-O
Neighborhood Link
Regional Link - High Activity Feet
- - - Trail (Proposed)
0 75 150 300 450 600
- -� Planning Area
- - 1 inch = 200 feet
L- - -, Fayetteville City Limits
N-2021-000[
EXHIBIT 'A'
CPZD
'J&
NORTH
Zoninq Acres
CS 3.8
Total 3.8
RZN-2021-000080
EXHI BIT 'B'
APART OF LOT 3 OF CONCURRENT PLAT FOR COBB & WESTPHAL TO THE CITY OF FAYETTEVILLE,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8"
REBAR (PS#1674) COMMON TO LOT 3 AND LOT 1 ON THE SOUTH RIGHTOF-WAY LINE OF MARTIN
LUTHER KING JR. BOULEVARD (A.K.A. US HIGHWAY 62); THENCE S00'55'07"W, 292.67 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING S00°55'07"W, 363.89 FEET TO A SET PK NAIL; THENCE
N89-55'17"E, 94.5 FEET; THENCE S62"44'28"W, 466.97 FEET TO A SET 5/8" REBAR (PS#1674); THENCE
N30`19'40"W, 345.85 FEET, FROM WHICH A SET 5/8" REBAR (PS#1674) BEARS N30°19'40"W, 324.87
FEET; THENCE N60°53'06"E, 573.55 FEET TO THE POINT OF BEGINNING, CONTAINING 3.83 ACRES, MORE
OR LESS. THIS DESCRIPTION IS BASED ON INFORMATION DERIVED FROM A SURVEY BY HAWKINS-WEIR
ENGINEERS, INC FOR THE WESTPHAL GROUP DATED OCTOBER 20, 2017 AND SEALED BY J. KYLE SALYER
PS#1874.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0030
Agenda Date: 2/1/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.5
RZN-2021-080 (S. LEFLAR WAY & W. MLK BLVDJCOBB-WESTPHAL):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-080 LOCATED AT SOUTH LEFLAR WAY AND WEST MARTIN LUTHER KING JUNIOR
BOULEVARD FOR APPROXIMATELY 3.83 ACRES FROM RMF-24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE 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 RMF-24, Residential Multi Family, 24 Units Per Acre 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 21212022
City of Fayetteville Staff Review Form
2022-0030
Legistar File ID
2/1/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 1/14/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000080: Rezone (S. LEFLAR WAY & W. MLK BLVD./COBB-WESTPHAL, 596): Submitted by CRAFTON TULL
& ASSOCIATES, INC. for property located at S. LEFLAR WAY & W. MILK BLVD. The property is zoned UT, URBAN
THOROUGHFARE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE, & RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE and contains approximately 53.06 acres. The request is to rezone the RMF-24 zoned portion of
the property totaling 3.83 acres 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
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 1, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: January 14, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000080: Rezone (S. LEFLAR WAY & W. MILK BLVD./COBB-
WESTPHAL, 596): Submitted by CRAFTON TULL & ASSOCIATES, INC. for
property located at S. LEFLAR WAY & W. MILK BLVD. The property is zoned UT,
URBAN THOROUGHFARE, RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS
PER ACRE, & RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and
contains approximately 53.06 acres. The request is to rezone the RMF-24 zoned
portion of the property totaling 3.83 acres to CS, COMMUNITY SERVICES.
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 includes 3.83 acres of a larger 53.06 acre parcel located on the south side
of W. Martin Luther King Jr. Boulevard, between S. Finger and S. Hanshew Roads to the east
and west respectively. Along with over 11,000 acres of additional land, this property was annexed
into Fayetteville by election in 1967 and zoned agriculturally. In 1987, the property was split -zoned
to C-2, Thoroughfare Commercial, and R-1, a corollary to current zoning's RSF-4 Residential
Single-family, 4 Units per Acre. Subsequently, the property underwent other rezonings, with the
most recent being in 2019, where the area of C-2 was designated UT, Urban Thoroughfare.
Today, the overall parcel is split -zoned three ways, UT, RSF-4, and RMF-24, Residential Multi -
Family, 24 Units per Acre. The entirety of the parcel remains undeveloped, with the specific, 3.83
acre subject property largely under tree canopy. A small portion at the southwest corner of the
property is within the Streamside Protection Zone associated with the Farmington Branch, a
tributary of Goose Creek which ultimately feeds the Illinois River.
Request: The request is to rezone 3.83 acres of a 53.06 acre property from UT, Urban
Thoroughfare, RMF-24, Residential Multi -Family, 24 Units per Acre, RSF-4, Residential Single -
Family, 4 Units per Acre and R-A, Residential -Agricultural to CS, Community Services. The
overall majority of the 3.83 acre property is zoned RMF-24. The applicant has not submitted any
additional development plans.
Public Comment: Prior to the initial December 13, 2021 Planning Commission meeting, staff
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
received public comment in opposition to this request and a concurrent proposal for an RV park
on the southern portion of the larger property. Comments largely revolved around concern for
natural preservation, large vehicles using Finger Road, and increased congestion. Staff did not
receive any updated comments ahead of the January 10, 2022 meeting.
Land Use Compatibility: Staff finds that the updated request is generally compatible with the
overall mix of surrounding land uses. While the undeveloped UT -zoned property to the north and
Lowe's CPZD to the east represent limited potential to be adversely impacted by development
under the applicant's request, the low -density residential and agricultural areas to the south and
west do. That said, CS permits several uses that can complement a low -density area, like small-
scale services and other housing. Staff finds that the major difference in a request for UT as
compared to a request to CS in the minimized allowances for auto -centered uses, and the more
limited nature of permitted commercial uses. Staff maintains that the existing multi -family zoning
on the property affords an opportunity for housing near services and employment, while also
presenting a logical transition from the activity of a state highway to the existing and potential low -
density residential properties to the south. CS permits multi -family housing and staff finds that
developing the property under CS zoning rather than RMF-24 zoning has the added benefit of the
potential to incorporate limited non-residential uses to the site.
Land Use Plan Analysis: Staff finds that the request is somewhat consistent with adopted land
use policies, the Future Land Use Map designation, and goals of City Plan 2040. Beginning with
the Future Land Use Map, the property is divided in designation as Natural Area and City
Neighborhood Area. The Natural Area reflects the approximately one -quarter of the subject
property which lies within floodplain along the Farmington Branch. Conversely, the portion of City
Neighborhood Area is indicative of the property's location near a major, developed corridor.
Accordingly, rezoning a portion of the property may be appropriate.
In considering the request in terms of City Plan 2040 and its goals, the request is more consistent.
The property is close to numerous services, large employers, and transportation routes. Although
amenities like schools and trails are not currently present, when taken in conjunction with the
existing UT property adjacent to West Martin Luther King Blvd., the request does represent infill
more than sprawl. Similarly in the request's favor, rezoning a greater extent of the overall property
to CS can encourage creation of a compact and complete project where land uses can
intermingle. That said, the property's current zoning arrangement affords a similar possibility,
albeit with a discrete segregation of uses and without increasing entitlements in an area
designated as Enduring Green Network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix for the 3.83 acre subject property
indicates a rating of 3-6 for this site. The following elements of the matrix contribute to the score,
but vary where they contribute based on the specific location within the property:
• Adequate Fire Response (Station #6, S. Hollywood)
• Near Water Main (12-inch, along Martin Luther King Blvd.)
• Near City Park (Centennial Park)
• Grocery Store (Aldi)
• Razorback Transit (Route 44 — Walmart Stop)
• Future Land Use Map (City Neighborhood Area)
DISCUSSION:
At the December 13, 2021 Planning Commission meeting, the applicant originally requested to
rezone the property to UT, Urban Thoroughfare. Staff recommended denial of that request, finding
that the intensity of uses allowed with that zoning district were too high, including the lean towards
auto -centric uses. Commissioners voted to table the item and commented that a PZD may make
sense for the area. They also expressed a lack of support toward a Bill of Assurance for the site.
In the interim, the applicant responded with a change in the request to a CS, Community Services
zoning.
At the January 10, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the item with
a recommendation of approval to rezone the property from RMF-24, Residential Multi -Family, 24
Units per Acre, to CS, Community Services. Commissioner Belden made the motion, with
Commissioner Sharp seconding. Commissioners found the request compatible, and the permitted
land uses more transitional in nature, with the highest intensity of uses located along the MLK
frontage and less intense as the property moved south. No public comment was offered on the
item at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
A PART OF LOT 3 OF CONCURRENT PLAT FOR COBB & WESTPHAL TO THE CITY OF FAYETTEVILLE,
ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A SET 5/8"
REBAR (P5#1674) COMMON TO LOT 3 AND LOT 1 ON THE SOUTH RIGHTOF-WAY LINE OF MARTIN
LUTHER KING JR. BOULEVARD (A.K.A. US HIGHWAY 62); THENCE S00°55'07"W, 292.67 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING S00°55'07"W, 363.89 FEET TO A SET PK NAIL; THENCE
N89°55'17"E, 94.5 FEET; THENCE S62°44'28"W, 466.97 FEET TO A SET 5/8" REBAR (PS#1674); THENCE
N30°19'40"W, 345.85 FEET, FROM WHICH A SET 5/8" REBAR (PS#1674) BEARS N30-19'40"W, 324.87
FEET; THENCE N60°53'06"E, 573.55 FEET TO THE POINT OF BEGINNING, CONTAINING 3.83 ACRES, MORE
OR LESS. THIS DESCRIPTION IS BASED ON INFORMATION DERIVED FROM A SURVEY BY HAWKINS-WEIR
ENGINEERS, INC FOR THE WESTPHAL GROUP DATED OCTOBER 20, 2017 AND SEALED BY J. KYLE SALYER
PS#1874.
1p"l -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
January 10, 2022 Updated with PC hearing results from 1/10/2022
SUBJECT: RZN-2021-000080: Rezone (S. LEFLAR WAY & W. MILK BLVD./COBB-
WESTPHAL, 596): Submitted by CRAFTON TULL & ASSOCIATES, INC.
for property located at S. LEFLAR WAY & W. MLK BLVD. The property is
zoned UT, URBAN THOROUGHFARE, RMF-24, RESIDENTIAL MULTI
FAMILY, 24 UNITS PER ACRE, & RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 53.06 acres.
The request is to rezone the RMF-24 zoned portion of the property totaling
3.83 acres to CS, Community Services.
RECOMMENDATION:
Planning staff recommends forwarding RZN-2021-000080 to the City Council with a
recommendation of approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000080 to City Council with a recommendation of approval."
December 13, 2021 Planning Commission Meeting:
At the December 13, 2021 Planning Commission meeting, the applicant originally
requested to rezone the property to UT, Urban Thoroughfare. Staff recommended denial of
that request, finding that the intensity of uses allowed with that zoning district were too
high, including the lean towards auto -centric uses. Planning Commissioners commented
that a PZD may make sense for the area, and also expressed a lack of support toward a
Bill of Assurance for the site. In the interim, the applicant has responded with a change in
the request to a CS, Community Services zoning.
BACKGROUND:
The subject property includes 3.83 acres of a larger 53.06 acre parcel located on the south side
of W. Martin Luther King Jr. Boulevard, between S. Finger and S. Hanshew Roads to the east
and west respectively. Along with over 11,000 acres of additional land, this property was annexed
into Fayetteville by election in 1967 and zoned agriculturally. In 1987, the property was split -zoned
to C-2, Thoroughfare Commercial, and R-1, a corollary to current zoning's RSF-4 Residential
Single-family, 4 Units per Acre. Subsequently, the property underwent other rezonings, with the
most recent being in 2019, where the area of C-2 was designated UT, Urban Thoroughfare.
Today, the overall parcel is split -zoned three ways, UT, RSF-4, and RMF-24, Residential Multi-
family, 24 Units per Acre. The entirety of the parcel remains undeveloped, with the specific, 3.83
acre subject property largely under tree canopy. A small portion at the southwest corner of the
property is within the Streamside Protection Zone associated with the Farmington Branch, a
tributary of Goose Creek which ultimately feeds the Illinois River. Surrounding land uses and
zoning is depicted in Table 1.
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 1 of 18
Table 1: Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
UT, Urban Thoroughfare
South
Undeveloped
RSF-4, Residential Single -Family, 4 Units Per Acre
East
Large Box Retail (Lowe's)
C-PZD, Commercial Planned Zoning District
West
Undeveloped
R-A, Residential -Agricultural;
Request: The request has been updated to rezone the property, totaling 3.83 acres of the 53.06
acre overall parcel, from RMF-24 to CS, Community Services. The applicant has not submitted
any additional development plans.
Public Comment: Staff has received public comment in opposition to this request and a concurrent
proposal for an RV park on the southern portion of the larger property. Comments are attached
to this report and largely revolve around concern for natural preservation, large vehicles using
Finger Road, and increased congestion. Staff has not received any updated comments since the
December 13, 2021 Planning Commission meeting.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The overall subject area has frontage along W. Martin Luther King Jr. Blvd. W.
Martin Luther King Jr. Blvd. is a partially improved Regional Link - High Activity
street with asphalt paving, curb and gutter, four -foot asphalt path at back of curb
and a mix of open ditch and formal stormwater sewer. Any street or drainage
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 12-inch water main is
present on the south side of W. Martin Luther King Jr. Blvd.
Sewer: Sanitary sewer is not currently 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 1.3 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: While the subject property is not designated as within the Hillside -Hilltop Overlay
District (HHOD), the larger parcel does include areas of HHOD.
As noted above, a protected stream, the Farmington Branch, is in the area. It
bisects the larger property from southeast to northwest. Streamside Protection
Zones generally consist of a protected area on each side of a stream or creek.
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 2 of 18
This "protected area" is meant to preserve woody vegetation and natural areas
along stream corridors to improve/protect stream health. At a minimum, it will be
50-foot wide as measured from the top of bank but depending on the shape and
extents of the floodway, it could be more. Certain construction activities such as
trails and some utilities are allowed in these zones, but in general, improvements
such as parking lots or buildings are prohibited.
Also in association with the Farmington Branch, portions of the subject property
fall within FEMA designated floodplain. A floodplain development review will be
required at the time of permit or plan submittal. This will restrict the type of
development and impact in flood zones, and may require additional documentation
such as flood studies or elevation certificates depending on the type of
development. If a development impacts a floodplain, those impacts may require
review and approval from FEMA.
Hydric soils are present along the Farmington Branch creek within the property.
Hydric soils 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's 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.
Tree Preservation:
The current zoning district of RMF-24 requires 20% minimum canopy preservation.
The proposed CS zoning district requires 20% 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 a mix of Natural and City Neighborhood Areas.
Natural Areas consist of lands approximating or reverting to wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation, or value as an
environmental resource. A Natural Area designation should encourage a development patten 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 Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multifamily.
Non-residential uses range in size, variety and intensity from grocery stores and offices to
churches, and are typically located at corners and along connecting corridors. The street network
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 3 of 18
should have a high number of intersections creating a system of small blocks with a high level of
connectivity between neighborhoods. Setbacks and landscaping are urban in form with street
trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix for the 3.83 acre subject property
indicates a rating of 3-6 for this site, with a weighted rating of 7.5. The following elements of the
matrix contribute to the score, but vary where they contribute based on the specific location within
the property:
• Adequate Fire Response (Station #6, S. Hollywood)
• Near Water Main (12-inch, along Martin Luther King Blvd.)
• Near City Park (Centennial Park)
• Grocery Store (Aldi)
• Razorback Transit (Route 44 — Walmart Stop)
• Future Land Use Map (City Neighborhood Area)
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 that the updated request is generally
compatible with the overall mix of surrounding land uses. While the
undeveloped UT -zoned property to the north and Lowe's CPZD to the east
represent limited potential to be adversely impacted by development under
the applicant's request, the low -density residential and agricultural areas to
the south and west do. That said, CS permits several uses that can
complement a low -density area, like small-scale services and other housing.
Staff finds that the major difference in a request for UT as compared to a
request to CS in the minimized allowances for auto -centered uses, and the
more limited nature of permitted commercial uses. Staff maintains that the
existing multi -family zoning on the property affords an opportunity for
housing near services and employment, while also presenting a logical
transition from the activity of a state highway to the existing and potential
low -density residential properties to the south. CS permits multi -family
housing and staff finds that developing the property under CS zoning rather
than RMF-24 zoning has the added benefit of the potential to incorporate
limited non-residential uses to the site.
Land Use Plan Analysis: Staff finds that the request is somewhat consistent
with adopted land use policies, the Future Land Use Map designation, and
goals of City Plan 2040. Beginning with the Future Land Use Map, the
property is divided in designation as Natural Area and City Neighborhood
Area. The Natural Area reflects the approximately one -quarter of the subject
property which lies within floodplain along the Farmington Branch.
Conversely, the portion of City Neighborhood Area is indicative of the
property's location near a major, developed corridor. Accordingly, rezoning
a portion of the property may be appropriate, but the overall request does
not align with the Future Land Use Map.
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 4 of 18
In considering the request in terms of City Plan 2040 and its goals, the
request is more consistent. The property is close to numerous services,
large employers, and transportation routes. Although amenities like schools
and trails are not currently present, when taken in conjunction with the
existing UT property adjacent to West Martin Luther King Blvd., the request
does represent infill more than sprawl. Similarly in the request's favor,
rezoning a greater extent of the overall property to CS can encourage
creation of a compact and complete project where land uses can intermingle.
That said, the property's current zoning arrangement affords a similar
possibility, albeit with a discrete segregation of uses and without increasing
entitlements in an area designated as Enduring Green Network.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the updated request to be justified, and is generally in line with
long-term land use plans for the area. The property has remained
undeveloped for the 54 years since its annexation, despite increasingly
broad entitlements. That said, given the lack of detail from the applicant, it
is unclear why the proposed rezoning is necessary to accommodate
reasonable development of the site.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RMF-24 to CS represents some potential for
increased traffic, but possibly in a complimentary manner. While residential
traffic tends to elevate in the morning, noon, and evening hours,
nonresidential traffic tends to occur throughout the day. Developing a
mixture of uses could `level' the pace of traffic to and from the site. Altering
the request from UT to CS also alleviates staff's initial concerns about the
auto -oriented uses that are permitted by -right in UT, since those uses are
only permitted conditionally in CS.
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 RMF-24 to CS is unlikely to increase the potential
density of the site over what is currently allowed, with comparable impacts
to water and sewer whether it is developed residentially, non -residentially,
or in a mixed -use fashion. The Fayetteville School District that serves this
property has not submitted any comments.
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
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 5 of 18
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-2021-000080.
PLANNING COMMISSION ACTION: Required YES
JDate: January 10, 2022
I Motion: Belden
(Second: Sharp
JVote: 8-0-0
BUDGET/STAFF IMPACT:
None
O Tabled 71 Forwarded O Denied
Recommendation of
approval (CS,
Community
Services)
Attachments:
• Unified Development Code:
o §161.16, RMF-24, Residential Multi -Family, 24 Units Per Acre
o §161.22 Community Services
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 6 of 18
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessorydwellings
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 11
Manufactured home park
Unit
12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 124 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured
home park
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 7 of 18
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Front
Side Other
Side
Rear
Rear
Uses
Single &
Other
Single
Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the
front property line and a
line 25 feet from the
front property line.
(F) Building Height Regulations.
Building Height Maximum 12 stories/3 stories/5 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, between 10-20 feet from the
master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set
back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 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 side 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) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592,
6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945,
§§5, 8, 9, 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
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 8 of 18
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
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
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
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 9 of 18
(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
15 feet
to a single-family residential
district:
(F) Building Height Regulations.
Building Height Maximum 15 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
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 10 of 18
OW 300 North College, Suite 317
Fayetteville, 270
Crafton Tull
479.45455.2207
erchitwure I engineering 1 surveying craftontull.com
January 3, 2022
City of Fayetteville
Attn: Planning Commission
113 West Mountain St
Fayetteville, AR 72701
Re: MLK Commercial Rezone
To whom it may concern,
The request made herein is for the property located at West Martin Luther King, Jr. BLVD and
South Leflar Way. The area requested to be rezoned is a 3.83 acre portion of Washington County
parcel 765-22968-000. Parcel 765-22968-000 is currently zoned UT, RMF-24, and RSF-4. It is
requested that the 3.83 acres zoned RMF-24 be rezoned to Community Services.
The subject tract is surrounded by property zoned R-A, RSF-4, CPZD, and UT. The requested
rezoning of the RMF-24 to CS will not adversely affect the surrounding land uses, as the density
between the two zoning classifications are similar. The CS zoning will still help the transition from
UT to the north, and RSF-4 to the south.
Rezoning the property from RMF-24 to CS is not believed to have any negative impacts on
existing utility or drainage infrastructure. Upgrades or extensions to the utilities will be constructed
to meet the demands of the development.
Sincerely,
(0*41 -)0--
Connor Threet
Crafton Tull
Planning Commission
Janua 10 2022
RZN 21-000080 Cobb Westphal
Page 11 of 18
Remarks on Cobb and Westphal request for conditional use permit to clear a natural area (woods with
stream, glade and mature trees) for 217 RV hook-ups and attendant facilities and rezoning to Urban
Thoroughfare to build access for same to/from MLK via 2-lane sparsely populated Finger Road —
Planning Commission Dec. 13 2021
This is just part of a bigger picture. Traffic is unbelievable on 6t" street. You're being asked to approve
217 RV hookups on a highway where traffic is already a nightmare. Yes, of course, we'll widen the road,
put in elaborate expensive hair-raising loops and overpasses at the intersection with 1-49. And it'll only
get worse. As you know and as students of urban sprawl traffic mayhem have said for years, to mention
only the pioneering Jane Jacobs, adding or widening roads increases traffic. And adding 217 RV stations
will eventually lead to more road building and more traffic.
Before each rewidening of MLK (starting from a 2-lane asphalt) traffic was awful and it's a lot worse now
after that last one. It will go on getting more stressful for drivers and worse for climate unless you
listen to what nature and much of the world are saying: we have to stop rampant random growth. We
need cheap, clean, attractive reliable convenient non-polluting public transport. We need separate
parallel protected lanes for pedestrians, electric buses, bikes, and cars.
But I think we're counting on the old formula, counting on widening roads and building more of them to
accommodate increased traffic from continuous development. This 217 slot RV park fits that grim
prescription perfectly.
The proposed development will increase traffic.
It will degrade the surrounding environment even more than it's already been degraded, because it will
affect a stream, a glade, a wetland and a floodplain.
It will eventually put more stress on the health of the woods.
And more strain on the grid.
And more strain on plants, animals, landscape generally.
And more strain on drivers putting up with intense traffic.
What's left of the natural world is minimal or on the road to minimal. (One Canadian provincial
government study found that forest patches % mile in one direction contain almost no habitat at all.)
Where we preserve, we do it only with short term immediate pleasure of taxpayers in mind. Over the
long haul, we citizens will suffer because of bad planning that considers only the one objective, profit
from business, entertainment, tourism, and shopping.
Fayetteville boasts of walkable, bikeable, cultural attractions, lovely urban/natural and ersatz scenery,
environmentally benevolent and anti -sprawl. But now look west and south and you'll see — if you can
see through all the new multi -story box buildings -- nothing BUT sprawl. The more chic and
unaffordable the center gets, the more sprawl, less livable the outskirts.
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 12 of 18
Years ago a PC member said in a related hearing, in response to a defense of natural landscape, that he
wanted commercial sprawl all the way to Farmington. We're just about there. But I hope the
Commission can begin to see what's becoming terribly obvious and urgent.
I think upcoming young generations in some parts of the world would see my point of view.
To be specific, in the present request for conditional use, as it relates to adjacent property, I see no
consistency and compatibility. I care for adjacent land immediately south of what's being proposed and
I own the property deed. A land trust owns the conservation deed. No one could look at this land and
say honestly that a large RV park on an intensively traveled highway will be in harmony with this. I've
put together an incomplete list of roughly 375 species observed on this mostly wooded, nearly 90-acre
natural landscape that is considered significant enough to be acknowledged by a national land trust, by
the Federal government and by a local land trust. Over the years my family, friends and paid
environmental landscape help have worked hard and tirelessly to minimize presence of invasive species
naturally, to safeguard wild native plants, to define old paths, to invite people to study and enjoy the
surroundings and to hope this space will be a resource and a joy to future generations. There is
absolutely no compatibility between this protected natural greenspace and a "park" for 217 RVs.
I urge you to consider helping to safeguard this bit of the older natural landscape and refuse the request
for conditional use.
With respect to the Urban Throughfare request, an RV exit / entry for more traffic via Finger Road will
definitely have an undesirable effect on surrounding property. At the present time, Finger Road is (as it
has been for decades) a 2-lane road through property more rural than urban. This is a one-way dead
end road lined with cedars and pines (growing largely on city right of way) and without adequate access
to water for fire protection. I believe it is a basic guideline in handbooks on protecting residences from
fire that this type of roadway should not be blocked. A new east -west roadway joining Finger Road
close to Walmart and Lowes and MLK will create a bottleneck that will be not just inconvenient but
dangerous.
Again, I ask you to say no to these 2 requests that will mean damage to our way of life and will diminish
the natural appeal of the area.
Barbara Moorman
3444 and 3450 Finger Road
blmoorman@sbcglobal.net
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 13 of 18
Curth, Jonathan
From: Margot Martin <margot527@att.net>
Sent: Saturday, December 4, 2021 11:53 AM
To: Curth, Jonathan; Umberger, Ryan
Subject: Planning Commission meeting 12/13/21
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear Mr. Curth,
I am writing to express concerns about the rezoning of land west of Lowe's on Hi 62 (MLK Blvd.) for
the development of an RV park (214 lots). An exit onto Finger Rd. is included in the proposal.
This property, on its north boundary, is contiguous to land in a conservation easement for the
protection of wildlife and natural habitat. The development very much puts into jeopardy these goals.
Furthermore the proposal of an exit road from the park onto Finger Rd. would also seem unwise due
to the nature of the road, its narrowness and congestion at its exit onto MILK.
Preservation of our landscape even within our city limits continues to be a desire of our city yet more
infringement upon these areas of natural habitat and beauty (e.g. an area in a conservation
easement) will be decidedly and irrevocably endangered by this proposed development.
Sincerely,
Margot K. Martin
3570 W. Finger Rd.
Fayetteville, AR 72701
Planning Commission
January 10, 2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 14 of 18
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 15 of 18
RZN-2021-000080
Close Up View
C-1
R-A
Cobb -Westphal
c
Is
RMF-24
Proposed UT
Subject Property]
RSF-4
lvtr
R-O
CPZD
NI
Zoning Acres
UT 3.8
- Neighborhood Link
Regional Link - High Activity Feet
- - - Trail (Proposed)
0 75 150 300 450 600
Planning Area
- - 1 inch = 200 feet Total 3.8
- -, Fayetteville City Limits Planning
ssion
2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 16 of 18
ssion
2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 17 of 18
RZN-2021-000080 Cobb -Westphal A&
Future Land Use NORTH
Residential '
Neighborhood Q
;1�
G0
City
L't J,'�F Neighborhood
_ KING
- - - - - Subject Property
- F__.da
�1
21
Civic and
Private
Open Space
Neighborhood Link
Regional Link - High Activity
Planned Neighborhood Link
Planning Area
- -, Fayetteville City Limits
- - - Trail (Proposed)
al
Rural
Residential
Feet
0 145 290 580 870
1 inch = 400 feet
Urban Center
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center
ssion
2022
Agenda Item 7
RZN 21-000080 Cobb Westphal
Page 18 of 18
Democrat - age aze&
"N"WERWROM M WW
F.C. 2(UX 1607, 7t YEri E%-!LL'c, jtp_ 72702.479.4 2-PIO0 • FAX 4 79-695'II S • `sY%V' kA ADG 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 p2intcd 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 6526
Was inserted in the Regular Edition on:
February 6, 2022
Publication Charges: $91.20
S,
Brittany Smith
Subscribed and sworn to before me
This '7 day of , , 2022.
" t4,��
Notary Public I/
My Commission Expires: 461 4
**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:6526
File Number: 2022-0030
RZN-2021-080 (S. LEFLAR WAY &
W. MLK BLVD./COBB-WESTPHAL):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-080
LOCATED AT SOUTH LEFLAR
WAY AND WEST MARTIN LUTHER
KING JUNIOR BOULEVARD FOR
APPROXIMATELY 3.83 ACRES
FROM RMF-24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER
ACRE 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 RMF-
24, Residential Multi Family, 24 Units
Per Acre 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 21b2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for byThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $91.20.
75515730 Feb 6 2022,