HomeMy WebLinkAboutOrdinance 6542RZN-2021-000081 Lewis Ford RZN-2021-000081
Close Up View EXHIBIT 'A'
R-O
P-i
Subject Property
Prep-osecT UT
C-2
Proposed UT f�L
or
LONC'�J���
Planned Residential Link
- - - Trail (Proposed)
j _ Design Overlay District
Planning Area
' Fayetteville City Limits
L
KEN RAY• S T
R[-12
Feet
0 75 150 300 450 600
1 inch = 200 feet
LONGVIEW ST
Zoning Acres
UT 7.0
Total 7.0
RZN-2021-000081
EXHIBITS'
*SURVEY DESCRIPTION - AREA OF TRACT 1 LYING EAST OF PLAINVIEW AVENUE TO BE REZONED A PART
OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX
(26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING
IRON BAR; THENCE S87°13'34"E 265.14 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO AN
EXISTING IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE FOR THE TRUE POINT
OF BEGINNING; THENCE S87°12'38"E 400.00 FEET TO AN EXISTING IRON REBAR; THENCE S87°23'07"E
129.71 FEET TO AN EXISTING IRON REBAR AT THE WEST BOUNDARY OF LAND PARCEL #765-15753-000;
THENCE S01°21'09"W 173.79 FEET TO AN EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF SAID
PARCEL #765-15753-000; THENCE S01°21'09"W 456.21 FEET TO A SET 1/2" IRON REBAR; THENCE
N87*08'47"W 271.90 FEET TO AN EXISTING IRON REBAR AT THE EAST RIGHT-OF-WAY LINE OF SAID
PLAINVIEW AVENUE; THENCE NO2°47'22"E 103.39 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID
PLAINVIEW AVENUE TO AN EXISTING IRON REBAR AT THE BEGINNING OF A 230.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 191.58 FEET ALONG SAID CURVE AND
CENTERLINE, THE CHORD FOR WHICH BEING N21°04'53"W 186.09 FEET, TO AN EXISTING IRON REBAR
AT THE POINT OF TANGENCY; THENCE N44°55'44"W 192.82 FEET ALONG SAID RIGHT-OFWAY LINE TO
AN EXISTING IRON REBAR AT THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST; THENCE NORTHWESTERLY 141.60 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE
CHORD FOR WHICH BEING N21°04'53"W 137.54 FEET, TO AN EXISTING IRON REBAR AT THE POINT OF
TANGENCY; THENCE NO2°47'53"E 99.99 FEET TO THE POINT OF BEGINNING, CONTAINING 5.71 ACRES,
MORE OR LESS.
*SURVEY DESCRIPTION - AREA OF TRACT 1 LYING WEST OF PLAINVIEW AVENUE TO BE REZONED A PART
OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX
(26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING
IRON BAR; THENCE S02°03'48"W 208.70 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO AN
EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF LAND PARCEL #765-15767-002 FOR THE TRUE
POINT OF BEGINNING; THENCE S87°11'04"E 229.90 FEET ALONG THE SOUTH LINE OF SAID PARCEL #765-
15767-002 TO AN EXISTING IRON REBAR AT THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE,
SAID POINT BEING ON A 230.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE
SOUTHEASTERLY 78.21 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH
BEING S35°12'07"E 77.83 FEET TO THE POINT OF TANGENCY; THENCE S44°56'36"E 173.55 FEET ALONG
SAID RIGHT-OF-WAY LINE TO A POINT; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW
AVENUE, N87°11'04"W 403.99 FEET TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE
NO2°03'48"E 178.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS.
,'Washington County, AR
| certify this instrument was filed on
04/01/2032 1015:00AK8
and recorded in Real Estate
File Number 2U22'8O010857
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0039
Agenda Date: 3/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN-2021-081 (3373 N. COLLEGE AVEJLEWIS FORD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-081 LOCATED AT 3373 NORTH COLLEGE AVENUE FOR APPROXIMATELY 6.98 ACRES
FROM C-2, THOROUGHFARE COMMERCIAL TO UT, URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from C-2, Thoroughfare Commercial to UT, Urban Thoroughfare.
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 311612022
City of Fayetteville Staff Review Form
2022-0039
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-2021-000081: Rezone (3373 N. COLLEGE AVE./LEWIS FORD, 213): Submitted by CLARK LAW FIRM for property
located at 3373 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 6.98 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
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 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-2021-000081: Rezone (3373 N. COLLEGE AVE./LEWIS FORD, 213):
Submitted by CLARK LAW FIRM for property located at 3373 N. COLLEGE AVE.
The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 6.98 acres. The request is to rezone the property to UT, URBAN
THOROUGHFARE.
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 in north Fayetteville and is approximately 1500 feet to the southwest of
the intersection of N. College Avenue and the N. Fulbright Expressway. Containing just shy of 7.0
acres, the property is divided into two portions: a 5.7-acre area currently home to a portion of the
Lewis automotive dealership, and a 1.3-acre area that is currently undeveloped. The majority of
the property in question is within the 71 B Corridor Master Planning Area.
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has not
submitted any additional associated development plans.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility. Rezoning the property to UT is generally consistent with surrounding land
uses; the existing property on the eastern side of N. Plainview is an existing auto -sales facility.
Rezoning the property to UT would provide for a similar suite of nonresidential uses as are
currently entitled on the site, with heightened design restrictions towards a more urban form
including a build -to -zone, as well as nonresidential design standards that would have to be met
with any development. A benefit of UT zoning over the existing C-2 zoning is also the introduction
of residential uses to the area.
Land Use Plan Analysis: Staff finds that the request is consistent with the 71 B Corridor Master
Plan, adopted land use policies, the Future Land Use Map designation, and goals of City Plan
2040. Though the property does not have immediate frontage to College Avenue, the property is
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
located within the 71 B Corridor Master Planning area. This Master Plan specifies an intent to
establish regulations that improve the compatibility of auto dealerships and outdoor display areas
by implementing form -based standards to improve street definition and introduce opportunities
for mixed -use development. The area is also designated as an Urban Center area, which
indicates an intent for the highest intensity of uses, tallest building heights, and regional retail, as
well as more densely developed residential in close, connected proximity to commercial and
neighborhood services. The infill score is high, which also matches the applicant's request. This
zoning request has the potential to meet goals outlined by City Plan 2040 by encouraging density
and development towards the urban center, and will allow for the creation of compact, complete
and connected neighborhoods by bringing the potential for multi -family and mixed -use
development.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 9-10
for this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 4, located at 3385 N. Plainview Avenue)
• Near Sewer Main (N. Plainview Avenue, E. Longview Street)
• Near Water Main (N. Plainview Avenue, E. Longview Street)
• Near Grocery Store (Harps Grocery Store and Whole Foods)
• Near City Park (Lake Fayetteville, Gulley Park)
• Near Paved Trail (Mud Creek Trail)
• Near ORT Bus Stop (Route 30)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center Area)
• Near 71 B Corridor
DISCUSSION:
At the January 10, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Belden made the motion and
Commissioner Sparkman seconded. Commissioners did express reservations about rezoning the
westernmost portion of the site to UT; however, given current entitlements on the site with C-2
zoning, Commissioners ultimately found the request was compatible with current and future land
uses on the site, and were encouraged by the inclusion of residential uses in UT zoning. No public
comment was issued on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000081 Lewis Ford
Close Up View
_ I
Subject Property
\ , Prop-osecT UT
R-O- - -
L'p
Proposed UT
9p
F
RSF-4
LONG
■ i Planned Residential Link
- - - Trail (Proposed)
Design Overlay District
Planning Area
L
' Fayetteville City Limits
L - -
--KENRAY-ST
RI-12
Feet
0 75 150 300 450
1 inch = 200 feet
:II
LONGVIEW ST
Zoninq Acres
UT 7.0
Total 7.0
*SURVEY DESCRIPTION - AREA OF TRACT 1 LYING EAST OF PLAINVIEW AVENUE TO BE REZONED A PART
OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX
(26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING
IRON BAR; THENCE S87°13'34"E 265.14 FEET ALONG THE NORTH LINE OF SAID 40 ACRE TRACT TO AN
EXISTING IRON REBAR ON THE EAST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE FOR THE TRUE POINT
OF BEGINNING; THENCE S87°12'38"E 400.00 FEET TO AN EXISTING IRON REBAR; THENCE 587'23'07"E
129.71 FEET TO AN EXISTING IRON REBAR AT THE WEST BOUNDARY OF LAND PARCEL #765-15753-000;
THENCE 501'21'09"W 173.79 FEET TO AN EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF SAID
PARCEL #765-15753-000; THENCE S01°21'09"W 456.21 FEET TO A SET 1/2" IRON REBAR; THENCE
N87°08'47"W 271.90 FEET TO AN EXISTING IRON REBAR AT THE EAST RIGHT-OF-WAY LINE OF SAID
PLAINVIEW AVENUE; THENCE NO2°47'22"E 103.39 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF SAID
PLAINVIEW AVENUE TO AN EXISTING IRON REBAR AT THE BEGINNING OF A 230.00 FOOT RADIUS CURVE
CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 191.58 FEET ALONG SAID CURVE AND
CENTERLINE, THE CHORD FOR WHICH BEING N21°04'53"W 186.09 FEET, TO AN EXISTING IRON REBAR
AT THE POINT OF TANGENCY; THENCE N44°55'44"W 192.82 FEET ALONG SAID RIGHT-OFWAY LINE TO
AN EXISTING IRON REBAR AT THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE TO THE
NORTHEAST; THENCE NORTHWESTERLY 141.60 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE
CHORD FOR WHICH BEING N21°04'53"W 137.54 FEET, TO AN EXISTING IRON REBAR AT THE POINT OF
TANGENCY; THENCE NO2°47'53"E 99.99 FEET TO THE POINT OF BEGINNING, CONTAINING 5.71 ACRES,
MORE OR LESS.
*SURVEY DESCRIPTION - AREA OF TRACT 1 LYING WEST OF PLAINVIEW AVENUE TO BE REZONED A PART
OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-SIX
(26), TOWNSHIP SEVENTEEN (17) NORTH, RANGE THIRTY (30) WEST OF THE FIFTH PRINCIPAL MERIDIAN,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT, SAID POINT BEING AN EXISTING
IRON BAR; THENCE S02°03'48"W 208.70 FEET ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO AN
EXISTING IRON REBAR AT THE SOUTHWEST CORNER OF LAND PARCEL #765-15767-002 FOR THE TRUE
POINT OF BEGINNING; THENCE S87°11'04"E 229.90 FEET ALONG THE SOUTH LINE OF SAID PARCEL #765-
15767-002 TO AN EXISTING IRON REBAR AT THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE,
SAID POINT BEING ON A 230.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHEAST; THENCE
SOUTHEASTERLY 78.21 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE, THE CHORD FOR WHICH
BEING S35°12'07"E 77.83 FEET TO THE POINT OF TANGENCY; THENCE S44°56'36"E 173.55 FEET ALONG
SAID RIGHT-OF-WAY LINE TO A POINT; THENCE LEAVING THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW
AVENUE, N87°11'04"W 403.99 FEET TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE
NO2°03'48"E 178.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1.27 ACRES, MORE OR LESS.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: January 10, 2921 2022 Updated with PC hearing results from 1/10/2022
SUBJECT: RZN-2021-000081: Rezone (3373 N. COLLEGE AVE./LEWIS FORD,
213): Submitted by CLARK LAW FIRM for property located at 3373 N.
COLLEGE AVE. The property is zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 6.98 acres. The request is to
rezone the property to UT, URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000081 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000081 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville and is approximately 1500 feet to the southwest of
the intersection of N. College Avenue with the N. Fulbright Expressway. Containing just shy of
7.0 acres, the property is currently home to a portion of the Lewis Ford automotive dealership,
and the other portion is currently undeveloped. The majority of the property in question
(approximately 5.7 acres) is within the 71-B Overlay District. Surrounding land uses and zoning
is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Commercial; Fire Station
C-2, Thoroughfare Commercial; P-1 Institutional
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre;
C-2, Thoroughfare Commercial
East
Commercial
C-2, Thoroughfare Commercial
West
Undeveloped; Single -Family Residential
R-O, Residential Office;
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has
not submitted any additional associated development plans.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Plainview Avenue, which is a fully improved
Residential Link street with asphalt paving, sidewalk and curb and gutter. The
subject area also has frontage along E. Longview Street. E. Longview Street is a
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 1 of 14
fully improved Residential Link street with asphalt paving, sidewalk, and curb and
gutter. Any street improvements required in these areas would be determined at
the time of development proposal.
Water: Public water is available to the subject area. An existing 8-inch water main is
present along the west side of N. Plainview Avenue. An existing 6-inch water main
is present along the south side of E. Longview Street.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present along the west side of N. Plainview Avenue. An existing 6-inch
sanitary sewer main is present along the south side of E. Longview Street. An
existing 6-inch sanitary sewer main is present along the east side of parcel 765-
15754-000.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 0.3 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the site is located within the Hillside -Hilltop
Overlay District or a FEMA floodplain. Nor is there a protected stream present, and
no hydric soils are present on the site.
Tree Preservation:
The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum
canopy preservation. The current zoning district of C-2, Thoroughfare
Commercial requires 15% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed -use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 2 of 14
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 9-10
for this site, with a weighted score of 13. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station 4, located at 3385 N. Plainview Avenue)
• Near Sewer Main (N. Plainview Avenue, E. Longview Street)
• Near Water Main (N. Plainview Avenue, E. Longview Street)
• Near Grocery Store (Harps Grocery Store)
• Near City Park (Lake Fayetteville, Gulley Park)
• Near Paved Trail (Mud Creek Trail)
• Near ORT Bus Stop (Route 30)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center Area)
• Near 71 B Corridor
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 divided into two portions;
one is located at the northeast corner of N. Plainview Avenue and E.
Longview Street, and the other is to the west across the street. Rezoning the
property to UT is generally consistent with surrounding land uses; the
existing property on the eastern side of N. Plainview is an existing auto -sales
facility. Rezoning the property to UT would provide for a similar suite of uses
as are currently entitled on the site, with heightened design restrictions
towards a more urban form including a build -to -zone, as well as non-
residential design standards that would have to be met with any
development. A benefit of UT zoning over the existing C-2 zoning is also the
introduction of residential uses to the area.
Land Use Plan Analysis: Though the property does not have immediate
frontage to College Avenue, the property is located within the 71 B Corridor
Master Planning area. Staff finds that the request is consistent with adopted
land use policies, the Future Land Use Map designation, and goals of City
Plan 2040. The area is designated as an Urban Center area, which indicates
an intent for the highest intensity of uses, tallest building heights, and
regional retail, as well as more densely developed residential in close,
connected proximity to commercial and neighborhood services. The infill
score is high, which also matches the applicant's request. This zoning
request has the potential to meet goals outlined by City Plan 2040 by
encouraging density and development towards the urban center, as will
allow for the creation of compact, complete and connected neighborhoods
by bringing the potential for multi -family and mixed -use development.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 3 of 14
Finding: A rezone from C-2 to UT is justified to bring the area into agreement with the
"Urban Center" designation at this site, which would allow for residential
uses by right and lead to a more compact, complete, and connected
neighborhood in this area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from C-2 to UT does have the potential to appreciably
increase traffic at this site with the potential for added residential density.
That said, the location is within proximity to walkable services such a
grocery stores and restaurants, and is also located close to existing transit
lines, bringing with it a potential reduction on automobile trips. Further,
redevelopment of the 71 B corridor is currently underway. Any development
proposed on the site would be required to contribute roughly proportional
infrastructure improvements reflective of impact.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from C-2 to UT could increase the population density
in the area. C-2 does not currently allow for residential development where
UT does. Given available infrastructure to the area, staff does not find this
increase however would be undesirable. Fayetteville Public Schools did not
offer 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 approval of RZN-2021-000081.
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 4 of 14
PLANNING COMMISSION ACTION: Required YES
jDate: January 10, 2022
(Motion: Belden
(Second: Sparkman
jVote: 8-0-0
BUDGET/STAFF IMPACT:
None
O Tabled M Forwarded O Denied
with a recommendation
of approval
Attachments:
• Unified Development Code:
o §161.23 District C-2, Thoroughfare Commercial
o §161.24 Urban Thoroughfare
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
1 Small scale production
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 5 of 14
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential district
(F) Building Height Regulations.
Building Height Maximum 1 6 stories*
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from side boundary line of an adjacent residential district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 6 of 14
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 6, 7, 4-2-19; Ord. No.
6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19)
161.24 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
1 Three 3 and four 4 family dwellings
Unit 13
Eating places
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 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 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 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
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
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 7 of 14
Unit 42 Clean technologies
Unit 43 1 Animal boarding and training
(C) Density. None
(D) Bulk and Area Regulations.
(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 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 , §§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 17
RZN 21-000081 Lewis Ford
Page 8 of 14
CLARK LAW FIRM
:
DECEMBER 15, 2021
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
244 West Dickson Street, Suite 201
PO Box 4248
Fayetteville, Arkansas 72702-4248
Tel: (479) 856-6380
Fax: (479) 856-6381
Suzanne G. Clark
sclark@clark-firm.com
Re: Rezoning Application RZN 2021-000081— College/Plainview
Attn: Development Services/Planning
This correspondence serves to modify the applicant's original rezoning request to remove
any contingency to the approval of Lewis Brothers Leasing Company, Inc.'s application RZN —
2021-000073. This application now stands on its own, with no requested consideration of the
outcome of RZN-2021-000073.
This application requests rezoning the described property from C-2, Thoroughfare
Commercial, to UT, Urban Thoroughfare. The described property totals approximately seven (7)
acres. It is consistent with the surrounding neighborhood and will not unreasonably or adversely
affect or conflict with the surrounding land uses. City Plan 2030 includes plans to extend
Plainview Drive south to Fiesta Square and zoning this land UT will have no negative impact on
traffic or load on public services. This rezone is very much in line with the goals of City Plans
2030 and 2040.
Thank you for your consideration and please let me know you have any questions.
Sincerely,
Is/Suzanne G. Clark
Suzanne G. Clark
cc. Matt Lewis
Planning Commission
January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 9 of 14
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The data contained heremwas compiled from various sources forthe sole use and benefit of
tie City of Fayetteville Geographic Information System and the pubic agencies it serves.
Any use of the data by anyone other than he City of Fayetteville is at the sole risk of the
user; and by acceptance of this data, the user does hereby agree to indemnify the City of
Fayetteville and hold tie City of Fayetteville harmless from and without liability for any
claims, actions, cost for damages of arry nature,including the city's cost of defense, asserted
by user or by another arising from the use of this data. The City of FafD�ta,iil�jp{ille�mmisslon
express or implied warrantees wits reference to the data. No word, phrase, or c aus oun
herein shall be construed to wave that tort immunity set forth under Arkansas l -,January 10, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 10 of 14
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 11 of 14
RZN-2021-000081 Lewis Ford
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Planning
ssion
2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 12 of 14
RZN-2021-000081
Lewis Ford
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Planning Co mission
0, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 13 of 14
RZN-2021-000081
Future Land Use
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Urban Center Planning Co mission
0, 2022
Agenda Item 17
RZN 21-000081 Lewis Ford
Page 14 of 14