HomeMy WebLinkAboutOrdinance 6531RZN-2021-000089 D D B Investments RZN-2021-000089
Close Up View EXHIBIT'A'
�4?
Harnestring
H-A
Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
s 0 Planned Residential Link
Trail (Proposed)
Design Overlay District
- Planning Area
L — ! Fayetteville City Limits
Trail
Subject Property
I- l
Proposed
it
I
•
r
r ,
Rt-12
iNORTH
Feet
0 75 150 300 450 600
1 inch = 200 feet
Zonina Acres
CS 9.1
Total 9.1
RZN-2021-000089
EXHIBIT 'B'
RESULTING TRACE__ 1 C
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1B AS SHOWN ON TRACT SPLIT PLAT
2019-00030753; THENCE SOUTH 55'01'12" EAST A DISTANCE OF 259.70 FEET; THENCE
SOUTH 54059'28" EAST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING.• THENCE
SOUTH 35005'57" WEST A DISTANCE OF 407.73; THENCE SOUTH 68°25'20" EAST A
DISTANCE OF 258.62 TO THE WESTERN RIGHT OF WAY OF HIGHWAY 49; THENCE ALONG
SAID RIGHT OF WAY THE FOLLOWING (3) THREE CALLS:
(1) SOUTH
36033'44"
WEST
A DISTANCE
OF
143.49 FEET;
(2) SOUTH
33048'37"
WEST
A DISTANCE
OF
261.95 FEET;
(3) SOUTH
60010'28"
WEST
A DISTANCE
OF
32,99 FEET;
THENCE LEAVING SAID RIGHT OF WAY NORTH 87019'34" WEST A DISTANCE OF 651.78
FEET; THENCE NORTH 35009'00" EAST A DISTANCE OF 467.56 FEET TO THE EAST
BOUNDARY OF PINE VALLEY PHASE I SUBDIVISION; THENCE ALONG SAID BOUNDARY NORTH
35008'20" EAST A DISTANCE OF 498.07 FEET; THENCE LEAVING SAID BOUNDARY SOUTH
55001'12" EAST A DISTANCE OF 259.70 FEET; THENCE NORTH 35005'57" EAST A DISTANCE
OF 165,69 FEET; THENCE SOUTH 54°59'28" EAST A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 9.11 ACRES MORE OR LESS.
SUBJECT TO THE RIGHT OF WAY OF SYCAMORE STREET ALONG THE SOUTH SIDE AND ANY
EASEMENTS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
03/08/2022 10:46:31 AM
and recorded in Real Estate
File Number 2022-00007705
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0084
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.5
RZN-2021-089 (SOUTH OF 1936 S. SHILOH DR./DDB INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-089 LOCATED SOUTH OF 1936 SOUTH SHILOH DRIVE FOR APPROXIMATELY 9.11 ACRES
FROM I-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 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 I-1, Heavy Commercial and Light Industrial 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 211612022
City of Fayetteville Staff Review Form
2022-0084
Legistar File ID
2/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 1/28/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000089: Rezone (SOUTH OF 1936 S. SHILOH DR./DDB INVESTMENTS, 363): Submitted by BRAD PAYNE for
properties located SOUTH OF 1936 S. SHILOH DR. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and contain approximately 9.11 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 FEBRUARY 15, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: January 28, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000089: Rezone (SOUTH OF 1936 S. SHILOH DR./DDB
INVESTMENTS, 363): Submitted by BRAD PAYNE for properties located SOUTH
OF 1936 S. SHILOH DR. The properties are zoned 1-1, HEAVY COMMERCIAL &
LIGHT INDUSTRIAL and contain approximately 9.11 acres. The request is to
rezone the property 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 is located south of W. Mount Comfort Road and west of 1-49 and abuts the
north end of N. Shiloh Drive. The property contains approximately 9.11 acres, is zoned 1-1: Heavy
Commercial & Light Industrial, and is currently undeveloped. The property has access to N. Shiloh
Drive, W. Riverridge Drive, and undeveloped right-of-way to the south. A branch of the
Hamestring Creek runs through the center of the property and roughly 22% of the site lies within
a floodplain.
Request: The request is to rezone the property to CS, Community Services. The applicant has
not submitted any specific development plans, though they have stated that rezoning will allow
for a mix of housing types and densities.
Public Comment: Staff received no public comment regarding this request.
Land Use Compatibility: The subject property is located between a two-family residential
subdivision to the west, undeveloped land to the south, 1-49 to the east, and professional offices
to the north. A rezoning to CS, Community Services, would allow additional uses that are
otherwise not permitted under current zoning, such as single- and multi -family dwellings,
accessory dwellings, and small-scale production. Since the subject property is bordered by
housing, offices, and a public trail, staff finds that the uses permitted by -right under CS zoning are
largely compatible with this location. CS zoning would allow for reduced setbacks with a build -to
zone that is located between 10 and 25 feet from front property lines whereas current zoning
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
requires a front setback of 25 feet. While there are many uses permitted in both the current and
proposed zoning that could be of service to the surrounding residential and office developments,
CS would allow for development that is mixed -use and urban in form. The presence of a protected
stream, floodplain, and hydric soils on the property will naturally limit the size of any future
development through additional reviews and approval.
Land Use Plan Analysis: Staff finds that the request may be inconsistent with adopted land use
policies and the property's Future Land Use Map designation. The property is designated as an
Industrial Area, which indicates an intent for an extension of the industrial park to the north. In
terms of industrial uses, CS zoning would only permit small scale production by -right and centers
for collecting recyclable materials, clean technologies, and transportation, trades, and services
by conditional use. Since there is a floodplain in the center of the property, CS zoning could permit
development closer to the public right-of-way with some industrial uses, which would be in
keeping with the property's Future Land Use Map designation. While the infill score for this site is
moderate, this zoning request has the potential to support Goal #3 of City Plan 2040 by potentially
allowing for more compact, complete, and connected development. Any development would likely
require an extension of N. Shiloh Dr., and may present an opportunity to connect the street with
those to the southwest. The rezoning could also support Goal #6 of City Plan 2040 since
permitting residential uses by -right could provide an opportunity for more attainable housing.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
4 and 5 out of 12 for this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave
• Near Sewer Main (two 8" mains on property)
• Near Water Main (6" and 8" mains on property)
• Near City Park (Hamestring Creek Trail Corridor)
• Near Paved Trail (Hamestring Creek Trail)
DISCUSSION:
At the January 24, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Sharp made the motion and
Commissioner Garlock seconded. Commissioners inquired about a future street connection along
N. Shiloh Drive but offered little comment on the item, finding the request to be generally
compatible with the area. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
Planning Commission Staff Report
RZN-2021-000089 D D B Investments RZN-2021-000089
Close Up View EXHIBIT'A'
\
P-
no
O
Pvv
J
?Al
Q�
R/VFRR/
Hamestring Creek Trail
R-A
Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
�f Planned Residential Link
— — — Trail (Proposed)
— I Design Overlay District
- ` Planning Area
L — Fayetteville City Limits
0 75 150
Subject Property
I-1 i
i
i
i
Proposed CS
i
i
i
i
i
Feet
ir
300 450
1 inch = 200 feet
:11
Zoning Acres
CS 9.1
Total 9.1
RZN-2021-000089
EXHIBIT 'B'
RESULTING TRACT 1C
COMMENCING AT THE NORTHWEST CORNER OF TRACT 1B AS SHOWN ON TRACT SPLIT PLAT
2019-00030753; THENCE SOUTH 55°01'12" EAST A DISTANCE OF 259.70 FEET; THENCE
SOUTH 54059'28" EAST A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, THENCE
SOUTH 35005'57" WEST A DISTANCE OF 407.73; THENCE SOUTH 68°25'20" EAST A
DISTANCE OF 258.62 TO THE WESTERN RIGHT OF WAY OF HIGHWAY 49; THENCE ALONG
SAID RIGHT OF WAY THE FOLLOWING (3) THREE CALLS:
(1) SOUTH
36033'44"
WEST
A DISTANCE
OF
143.49 FEET;
(2) SOUTH
33048'37"
WEST
A DISTANCE
OF
261.95 FEET;
(3) SOUTH
60010'28"
WEST
A DISTANCE
OF
32.99 FEET;
THENCE LEAVING SAID RIGHT OF WAY NORTH 87019'34" WEST A DISTANCE OF 651.78
FEET; THENCE NORTH 35°09'00" EAST A DISTANCE OF 467.56 FEET TO THE EAST
BOUNDARY OF PINE VALLEY PHASE I SUBDIVISION; THENCE ALONG SAID BOUNDARY NORTH
35°08'20" EAST A DISTANCE OF 498.07 FEET; THENCE LEAVING SAID BOUNDARY SOUTH
55001'12" EAST A DISTANCE OF 259.70 FEET; THENCE NORTH 35°05'57" EAST A DISTANCE
OF 165.69 FEET; THENCE SOUTH 54059'28" EAST A DISTANCE OF 50.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 9.11 ACRES BORE OR LESS.
SUBJECT TO THE RIGHT OF WAY OF SYCAMORE STREET ALONG THE SOUTH SIDE AND ANY
EASEMENTS OF RECORD OR FACT.
CITY OF
I
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: January 24, 2022 (Updated with results from 1/24/2022 PC hearing)
SUBJECT: RZN-2021-000089: Rezone (SOUTH OF 1936 S. SHILOH DR./DDB
INVESTMENTS, 363): Submitted by BRAD PAYNE for properties located
SOUTH OF 1936 S. SHILOH DR. The properties are zoned 1-1, HEAVY
COMMERCIAL & LIGHT INDUSTRIAL and contain approximately 9.11
acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000089 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000089 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located south of W. Mount Comfort Road and west of 1-49 at the point
where N. Shiloh Drive dead -ends. The property contains approximately 9.11 acres; is zoned 1-1,
Heavy Commercial & Light Industrial; and is currently undeveloped. The property contains a
through lot which has direct access to the Hamestring Creek Trail. A branch of the Hamestring
Creek runs through the center of the property and roughly 22% of the site lies within a floodplain.
Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Offices/Duplexes
1-1, Heavy Commercial and Light Industrial;
RMF-24, Residential Multi -Family — 24 Units per Acre
South
Natural Area
R-A, Residential -Agricultural
East
1-49 (State Right -of -Way)
N/A
West
Duplexes/Natural Area
RMF-24, Residential Multi -Family — 24 Units per Acre
Request: The request to rezone the property from 1-1, Heavy Commercial & Light Industrial, to
CS, Community Services. The applicant has not shared any specific development plans, though
they have stated that rezoning will allow for a mix of housing types and densities.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Shiloh Drive and access to undeveloped
City of Fayetteville right-of-way along the south side of the property. N. Shiloh Drive
is a partially improved Neighborhood Link Street with asphalt paving, curb and
gutter, and partial sidewalk. Any street improvements would be determined at the
time of development proposal.
Water: Public water is available to the subject area. An existing eight -inch water main is
present along the east side of the subject property running north and south, and
another existing six-inch water main is present along the center of the property
running east and west. There is an inaccessible existing 36-inch water main along
the center of the property running north and south as well.
Sewer: Sanitary sewer is available to the subject area. An existing eight -inch sanitary
sewer main is present along the west side of the subject property running north
and south. Another eight -inch sanitary sewer main is present along the center of
the property running east and west.
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 Avenue, protects this site. The property is
located approximately 1.1 miles from the fire station with an anticipated drive time
of approximately four 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 one 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 six minutes for an engine and eight 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. Floodplain is present on the east side of the subject property.
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.
There is also a Streamside Protection Zone in the center of the subject property.
Streamside Protection Zones generally consists of a protected area on each side
of a stream or creek. 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 feet wide as measured from the top of bank but depending
on the shape and extents of the floodway, it could be substantially 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.
Hydric soils are present in the center of the subject 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.
Tree Preservation:
The proposed zoning district of CS, Community Services, requires 20% minimum
canopy preservation. The current zoning district of 1-1, Heavy Commercial and
Light Industrial, requires 15% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Industrial Area.
Industrial Areas are those areas where buildings by their intrinsic functions, disposition or
configuration, cannot conform to one of the other designated areas and/or its' production process
requires the area to be separated from other uses. The guiding policies of Industrial Areas are:
noise, visual, air, water and other pollution shall be minimized through performance standards;
new industry shall be recruited and encouraged to locate within the existing industrial park unless
rail access is necessary to the industry; industrial zones that are not consistent with the Future
Land Use Map should be rezoned to more appropriate uses; and encourage the use of "green"
technologies to minimize noise, air, and water pollution.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
4 and 5 out of 12 for this site. Per the Planning Commission's Infill Matrix weighting, this
represents an average weighted score of 4.5. The following elements of the matrix contribute to
the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Ave
• Near Sewer Main (two 8" mains on property)
• Near Water Main (6" and 8" main on property)
• Near City Park (Hamestring Creek Trail Corridor)
• Near Paved Trail (Hamestring Creek Trail)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The subject property is located between a two-
family residential subdivision to the west, undeveloped land and the
Hamestring Creek Trail to the south, 1-49 to the east, and professional offices
to the north. A rezoning to CS, Community Services, would allow additional
uses that are otherwise not permitted under the current 1-1, Heavy
Commercial & Light Industrial, zoning, such as single- and multi -family
dwellings, accessory dwellings, and small-scale production. Since the
subject property is bordered by housing, offices, and a public trail, staff finds
that the uses permitted by -right in CS are largely compatible with this
location. CS zoning would allow for reduced setbacks with a build -to zone
that is located between 10 and 25 feet from front property lines whereas
current zoning requires a front setback of 25 feet. While there are many uses
permitted in both the current and proposed zoning that could be of service
to the surrounding residential and office developments, such as eating
places and neighborhood shopping, CS would allow for development that is
mixed -use and urban in form. The presence of a protected stream,
floodplain, and hydric soils on the property will limit the size of any future
development through additional reviews and approval.
Land Use Plan Analysis: Staff finds that the request may be inconsistent with
adopted land use policies and the property's Future Land Use Map
designation. The property is designated as an Industrial Area, which
indicates an intent for an extension of the industrial park to the north. In
terms of industrial uses, CS zoning would only permit small scale production
by -right and centers for collecting recyclable materials, clean technologies,
and transportation, trades, and services by conditional use. Since there is a
floodplain in the center of the property, CS zoning could permit development
closer to the public right-of-way with some industrial uses, which would be
in keeping with the property's Future Land Use Map designation. While the
infill score for this site is moderate, this zoning request has the potential to
support Goal #3 of City Plan 2040 by potentially allowing for more compact,
complete, and connected development. Any development would likely
require an extension of N. Shiloh Dr., and may present an opportunity to
connect the street with those to the southwest. The rezoning could also
support Goal #6 of City Plan 2040 since permitting residential uses by -right
could provide an opportunity for more attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezoning from 1-1 to CS is justified to allow for infill that is compatible with
adjacent properties and sensitive to natural features. Rezoning would allow
for more residential and less intense industrial uses that could lead to a more
compact, complete, and connected neighborhood in this area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to CS does have the potential to create or appreciably
increase traffic danger and congestion in this area. Given the size of the
property, any development is likely to generate more traffic in this area,
though it is worth noting that N. Shiloh Drive is currently a dead-end street.
With that said, close access to a public trail, as well as the opportunity to
bring a mix of uses to the area which could potentially cut down on
automobile trips, does somewhat alleviate traffic concerns.
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 1-1 to CS could potentially increase the
population density and, therefore, increase the load on public services. CS
does not have a density maximum should residential uses be developed on
the site. The property has direct access to water and sanitary sewer mains,
which should be able to handle an increased load on public services
resulting from future development.
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 approval of RZN-2021-000089.
PLANNING COMMISSION ACTION:
JDate: January 24, 2022 O Tabled
J Motion: sharp
ISecond: Garlock
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
Required YES
O Forwarded
with a
recommendation
of approval.
O Denied
Attachments:
• Unified Development Code:
o §161.30, District 1-1, Heavy Commercial and Light Industrial
o §161.22, Community Services
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.30 District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this district
are intended to provide a degree of compatibility between uses permitted in this district and those in nearby
residential districts.
(B) Uses.
(1) Permitted Uses
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating places
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining
A or R districts
50 feet
Front, when adjoining
C, I, or P districts
25 feet
Side, when adjoining
A or R districts
50 feet
Side, when adjoining
C, I, or P districts
10 feet
Rear
25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 residential district. The amount of additional setback for
the portion of the building over two (2) stories shall be equal to the difference between the total height of that
portion of the building, and two (2) stories.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No. 1747,
6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-06-07;
Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-
10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1,
6-20-17; Ord. No. 6015 , §1(Exh. A), 11-21-17)
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 oods
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 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 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
, §§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."
The owner of the subject real estate, DDB Investments, LLC, an Arkansas limited liability company, is
hereby respectfully requesting a change in zoning of parcels 765-13637-000 and 765-13631-000 in
Fayetteville, Washington County, Arkansas. The two tracts are currently zoned 1-1 and the owners are
requesting a change to Community Services zoning.
This request is compatible with the City's Long Range Plan, in that the property:
• Is located between two City of Fayetteville identified Tier 2 Centers, one being the area of
Wedington Drive and Steamboat Drive and the other in the Porter Road and Mt. Comfort Road
area as shown on the City's Growth Concept Map
• Has been recognized as possessing a medium to high rating related to Infill Suitability. As stated
in the City Plan 2040, infill and revitalization is a high priority.
• Is partially already located in a Residential Neighborhood Area as reflected in the City's Future
Land Use Plan in the City Plan 2030
This property is adjoined by the Hamestring trail to the South. It is 0.3 miles to the Razorback
Greenway; sidewalk accessible and 0.6 miles from the new Underwood Park.
These two parcels in addition to an adjacent third tract (parcel #765-13623-000), which is already zoned
MF-24 and owned by the same owner are in the aggregate contiguous to a MF-24 zoned property that
is comprised of an 82 unit duplex community.
The only remaining contiguous parcel that is not zoned MF-24 is a tract just to the north of the subject
property. It is zoned 1-1 and is owned by GTS, Inc., Mr. David Berry. In notifying Mr. Berry about our
plans and a request for rezoning he has stated that he has no issue with the plan and would support our
request.
The resulting proposed and existing housing mix (existing duplex and proposed Community Service
zoning allowing for multi -family units) provide varied types, densities, and price points for the
neighborhood. This will allow an economically and socially diverse area in which the residents will have
access to housing at multiple price points thereby supporting individuals and families of varying
incomes. Thus, this complies and meets Goal 6 of the City's Plan "The City will create opportunities for
attainable housing."
We believe that the requested change in zoning is proper and important to the growth of the area and
that is meets the goals of City Plan 2040. This use provides a fantastic infill opportunity, it will
discourage suburban sprawl, it will provide a mixed -use housing area that can adapt and grow over time
and allow residents to live, work and play with a decreased reliance on vehicular traffic, it will have a
green network with the access it has to trails, parks and greenways and it provides attainable housing.
Thank you for your consideration.
DDB Investments, LLC
RZN-2021-000089 D D B Investments
One Mile View
0 0.125 0.25 0.5 Miles /
W
R-o MOUNT;COMFO '
J
1 RSF-4 RI-U
—'y? _�
——/:
RMF-24
` UJ
i z` Subject Property
\ /
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
Planned Neighborhood Link
Planned Residential Link
— — Shared -Use Paved Trail
Trail (Proposed)
—� Design Overlay District
�= = Fayetteville City Limits
Planning Area
NORTH
t
i
/i.
A
i
�`DEA�ST
■ 0-
i
i
i
i,. WEDINGTONInQ - - - -
Planning Area
= Fayetteville City Limits V ---- E-J—,
/ G
RMF-12
a
MW=='_L1 -----------
Zoning
42 General In,atnal
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
RI-U
COMMERCIAL
RkU
Reaieantial-Gfice
NSL
L C-,
Reaidentlal-Agnwlturel
C-2
RSF-.a
C-s
RSF-1
FORM BASED DISTRICTS
RSF-2
Downtown Care
RSF-4
UTen TM1omugMare
RSF-]
� Main — Center
RSF-a
Downtown Genera
RSF-,a
Community Sa ,c
RESIDENTIAL MULTIFAMILY
Neighbomood services
-1
Neighb. ..d Conservabon
RMF-,2
PLANNED ZONING DISTRICTS
RMF-1a
Commarda,, Induattlal, Rasieanual
RM124
INSTITUTIONAL
RM14a
INDUSTRIAL
11 Heary Cammerdal and Light lnd.—I
RZN-2021-000089
Close Up View
\
P-
no
DDB Investments
?Al
Q�
R/VFRR/
ID
�°R
Hamestring Creek Trail
R-A
Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
�f Planned Residential Link
— — — Trail (Proposed)
— I Design Overlay District
- ` Planning Area
L — Fayetteville City Limits
0 75 150
Subject Property
I-1 i
i
i
i
Proposed CS
i
i
i
i
i
Feet
ir
300 450
1 inch = 200 feet
:11
Zoning Acres
CS 9.1
Total 9.1
RZN-2021-000089 DDB Investments A&
Current Land Use NORTH
1�225.1 ' 1229.3 NZI ne AEr-
e
kj
• Single -Family Residential)
CT
Zone AE
�f1 N..
Single Family Residential
Subject Property
W, '
cone Ht
1�22�7.0
Mixed Use
Residential
'one AE
Undeveloped
Floodplain
AE
Zone AE
� '� � +,.•r
r��'
��51��
.
1229.4
�
_
Neighborhood Link
Freeway/Expressway
■ ■ Planned Neighborhood Link
Ff Planned Residential Link Feet
— — — Trail (Proposed)
Planning Area 0 112.5 225 450 675
r - -
-I Fayetteville City Limits 1 inch = 300 feet
j _ I Design Overlay District
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
RZN-2021-000089
Future Land Use
Natural
DDB Investments
NORTH
• ' a
------------------�
---------------- p
%5� goy
WILDWOOD DR
C"—MARIGOLp� g�ADOW�
R POINT_WEST.
��
►`` �` Q'o bpi
�%
�A %% R740 In riat,,
�2 %% Epp
�OZ Civic aid '
ESSEX m Private%
DR p Open Spac / Residential
Neighborhood
X
Subject Property
-WILDFLOWER S,.:4 t` '
SYCAMORE � `�� ♦ ' o'
ST
C0
w i
z
W i
O i
ANNE ST W
W
W
_J
i
Neighborhood Link
Freeway/Expressway
Planned Neighborhood Link
Planned Residential Link
` Planning Area -
L — Fayetteville City Limits
— — — Trail (Proposed)
— I Design Overlay District
,
,
,
,
,
,
,
,
,
A
,
Feet
SYCAMORE STD
, Q-
' �2 i
O
i 0,
p i �HOUSTON
ST
HOUSTOWST� Q
W
m
I— W
N
�ARTHUR HART-ST—J
a O
� W �•
X� Q �:
co,
0 145 290 580 870
1 inch = 400 feet
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
11 Rural Residential
Urban Center
DECEIVED
Democrat � a��
P.C. BOX 1607, FAYETrEVILLE, AR: 72702. 479-4 42.1700 # FAX: 479.695-1118 - WWWNWADG.COM
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6531
Was inserted in the Regular Edition on:
February 20, 2022
Publication Charges: $88.16
daft
Brittany Smith
Subscribed and sworn to before me
This ZI day of V, 2022.
Notary Public j_r_ IN
My Commission Expiresj 0
**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
FEB 2 5 2022
CITY`! CLERKS OFFICE
Ordinance: 6531
File Number. 2022-0084
RZN-2021-089 (SOUTH OF 1936 S.
SHILOH DR./DDB INVESTMENTS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-089
LOCATED SOUTH OF 1936 SOUTH
SHILOH DRIVE FOR
APPROXIMATELY 9.11 ACRES
FROM 1-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
Lproperty shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from 1-1.
Heavy Commercial and Light Industrial
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
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by The City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $88.16.75521177 Feb. 20, 2022