HomeMy WebLinkAboutOrdinance 654419
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6544
File Number: 2022-0183
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Doc ID: 020517050004 T . 11111111
Kind: ORDINANCE yPe: REL
Recorded: 04/28/2022 at 01:09:08 PM
Fee Amt: $30.00 Paqe 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2022-00014163
RZN-2022-002 (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER
NORTH, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-002 LOCATED WEST OF NORTH PLAINVIEW AVENUE AND EAST LONGVIEW
STREET FOR APPROXIMATELY 5.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE AND RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER
ACRE TO UT, URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF4, Residential Single Family, 4 Units
Per Acre and RI-12, Residential Intermediate, 12 Units Per Acre to UT, Urban Thoroughfare.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 4/5/2022
Page 1
Printed on 4/0)22
Ordinance: 6544
File Number.' 2022-0183
Attest:
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Kara Paxton, City Clerk Treasur$<:.' Qfi'•;s�
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Page 2 Printed on 416M
Washington County, AR
I certify this instrument was filed on
04/28/2022 01:09:08 PM
and recorded in Real Estate
File Number 2022-00014163
Kyle Sylvester - Circuit Clerk
Y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0183
Agenda Date: 4/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN-2022-002 (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH,
LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-002 LOCATED WEST OF NORTH PLAINVIEW AVENUE AND EAST LONGVIEW STREET
FOR APPROXIMATELY 5.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE AND RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre and RI-12, Residential
Intermediate, 12 Units Per Acre 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 41612022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0183
Legistar File ID
3/15/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/25/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST./CITY CENTER NORTH, LLC., 480):
Submitted by HALL ESTILL LAW FIRM for properties located WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST. in
Ward 3. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE & RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE and contain 7 parcels with approximately 5.85 acres.
The request is to rezone the properties to UT, URBAN THOROUGHFARE.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 15, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: February 25, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E. LONGVIEW
ST./CITY CENTER NORTH, LLC., 480): Submitted by HALL ESTILL LAW FIRM
for properties located WEST OF N. PLAINVIEW AVE. & E. LONGVIEW ST. in
Ward 3. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE & RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER
ACRE and contain 7 parcels with approximately 5.85 acres. The request is to
rezone the properties 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 west of the intersection of N. Plainview Avenue
with E. Longview Street. Containing approximately 5.85 acres, the property is sparsely developed.
The southernmost portion of the site (Tract 3) is developed with a single-family dwelling that was
constructed in 1950; Tracts 2 and 1 are mostly undeveloped. While located approximately 800
feet west of N. College Avenue, the property is not identified as part of the 71 B Master Plan Area.
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has
submitted an intent to develop the site with a mix of uses, including a hotel, restaurant and bar,
multi -family residential, and office space.
Public Comment: Staff received one item of public comment in opposition to the request ahead
of the Planning Commission meeting. This is included within the attached Planning Commission
staff report. No public comment was offered on the item at the meeting.
Land Use Compatibility: The property is currently minimally developed, as well as are the
immediate surroundings, but it is clear that development in a more commercial or mixed -use
direction is forthcoming. Located just 800 feet west of N. College Avenue and centered around a
planned street connection and extension of N. Plainview Avenue into the Fiesta Square shopping
center to the south, the site is an ideal location to increase the entitlement beyond strictly
residential uses. UT is one of the highest intensity zoning districts within the City, allowing for
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
auto -oriented uses, building heights of up to 7 stories, and mixed -use development. The form -
based nature of the zoning district, as well as additional heighted architectural design standards
that accompany the district help make the allowed uses compatible with the surrounding areas.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The northern portion of the
site 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 high intensity of 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 mixed -use development. The southern portion of the
area is identified as a City Neighborhood Area, which indicates an intent for more densely
developed residential in close, connected proximity to commercial and neighborhood services.
While UT may not always be in perfect alignment with the City Neighborhood designation, which
is typically meant to serve more local uses, in this instance, given the future planned street
connections, proximity to regional infrastructure connections, and transit, staff finds the request
is compatible here.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 6-9
for this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #4, 3385 N. Plainview Avenue)
• Near Sewer Main (E. Longview Avenue and N. Plainview Avenue)
• Near Water Main (E. Longview Avenue and N. Plainview Avenue)
• Near Grocery Store (Harps and Whole Foods)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Mud Creek Trail, Razorback Greenway)
• Near ORT Bus Stop (Route 30)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center Area)
DISCUSSION:
At the February 14, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Winston made the motion and
Commissioner Sparkman seconded. Commissioners offered little comment, finding the high infill
score and proximity to N. College Avenue made the request appropriate for additional
development in 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-2022-000002
Close Up View
R-O
—LONGVIEWST
RMF
■ i Planned Residential Link
- - - Trail (Proposed)
Design Overlay District
Planning Area
' Fayetteville City Limits
L
City Center North, LLC
�`F
Proposed UT
RSF-4
Subject Properties
KEN RAY ST
Proposed UT
411
R-A
Feet
0 75 150 300 450
1 inch = 200 feet
:II
LONGVIEW ST
Zoninq Acres
UT 5.9
Total 5.9
EXHIBIT 'B'
RZN-2022-000002
TRACT 1 DESCRIPTION
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 THENCE S02°03148"W
178.00 FEET FOR THE TRUE POINT OF BEGINNING; THENCE S87°11'04"E 403.99
FEET TO THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE, THENCE
S44°56'36"E 19.35 FEET ALONG RIGHT-OF-WAY LINE TO THE BEGINNING OF A
170.00 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST; THENCE
SOUTHEASTERLY 141.60 FEET ALONG SAID CURVE AND RIGHT-OF-WAY LINE THE
CHORD FOR WHICH BEING S21 °04'53"E 137.54 FEET, TO THE POINT OF TANGENCY;
THENCE S02°46'50"W 103.48 FEET TO A SET 1/2" IRON REBAR; THENCE LEAVING
THE WEST RIGHT-OF-WAY LINE OF PLAINVIEW AVENUE, N87°11'43"W 470.91 FEET
TO A POINT ON THE WEST LINE OF SAID 40 ACRE TRACT; THENCE NO2°03'48"E
242.35 FEET TO THE POINT OF BEGINNING, CONTAINING 2.55 ACRES, MORE OR
LESS.
TRACT 2 DESCRIPTION
LOT 4 DESCRIPTION
LOTS 1-4, LAZENBY'S FIRST ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS
AS PER THE PLAT OF ADDITION RECORDED IN THE PLAT RECORDS OF
WASHINGTON COUNTY, ARKANSAS.
TRACT 3 DESCRIPTION
A PART OF THE SW1/4 OF THE SE1/4 OF SECTION 26, TOWNSHIP 17 NORTH, RANGE
30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS: BEGINNING AT A POINT WHICH IS 290 FEET NORTH OF THE SW
CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NORTH 200 FEET;
THENCE EAST
502.5 FEET TO THE CENTERLINE OF A FORTY FOOT ROAD; THENCE SOUTH WITH
THE CENTERLINE OP SAID ROAD 200 FEET; THENCE WEST 502.5 FEET TO THE
PLACE OF BEGINNING, CONTAINING 2.3 ACRES, MORE OR LESS.
1p".- -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
February 14, 2022 Updated with PC hearing results from 2/14/2022
SUBJECT: RZN-2022-000002: Rezone (WEST OF N. PLAINVIEW AVE. & E.
LONGVIEW ST./CITY CENTER NORTH, 480): Submitted by HALL
ESTILL LAW FIRM for properties located WEST OF N. PLAINVIEW AVE.
& E. LONGVIEW ST. The properties are zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE & RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE and contain 7 parcels with
approximately 5.85 acres. The request is to rezone the properties to UT,
URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-000002 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-000002 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville and is west of the intersection of N. Plainview Avenue
with E. Longview Street. Containing approximately 5.85 acres, the property is sparsely developed.
The southernmost portion of the site (Tract 3) is developed with a single-family dwelling that was
constructed in 1950; Tracts 2 and 1 are mostly undeveloped. While located approximately 800
feet from N. College Avenue, the property is not identified as part of the 71 B Master Plan Area. A
recent rezoning request was heard by Planning Commission on Surrounding land uses and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
C-2, Thoroughfare Commercial
South
Single -Family Dwelling
RI-12, Residential Intermediate, 12 Units per Acre
East
Commercial (Car Dealership); Single-
Family Dwellings
C-2, Thoroughfare Commercial; RSF-4, Residential
Single -Family, 4 Units per Acre
West
Undeveloped/Commercial
R-O, Residential -Office
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant has
submitted an intent to develop the site with a mix of uses, including a hotel, restaurant and bar,
multi -family residential, and office space.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 1 of 18
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: Tract 1 has frontage along N. Plainview Avenue which is a fully improved
Residential Link street with asphalt paving, multi -use trail, and curb and gutter.
Tract 1 also has frontage at the end East Longview Street. East Longview Street
is a fully improved Residential Link with asphalt paving, sidewalk, and curb and
gutter. Tract 2 has no frontage. Tract 3 has frontage along North Plainview Avenue
is a partially improved Residential Link street with asphalt paving and open ditches.
Any street improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to Tract 1. An existing 8-inch water main is present along
the west side of N. Plainview Avenue. An existing 8-inch water main is present at
the end of E. Longview Street. Public water in available to Tract 2, parcel #765-
07401-000 via an existing 8-inch water main present at the end of East Longview
Street. Public Water is not available to the remaining Parcels of Tract 2. Public
water is available to Tract 3. An existing 6-inch water main is present along the
center of North Plainview Avenue.
Sewer: Sanitary Sewer is available to the Tract 1, parcel 765-15751-000 via an existing 6-
inch sanitary sewer main located at the corner of E. Longview Street and N.
Plainview Avenue. Sanitary Sewer is not available to Tract 2. Sanitary sewer is
available to the Tract 3. An existing 6-inch sanitary sewer main is present along
the east side of N. Plainview Avenue.
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. There are no hydric soils or protected streams on the site,
nor is any portion of the site located within a FEMA floodplain or within the Hillside -
Hilltop Overlay District.
Tree Preservation:
The proposed zoning district of UT, Urban Thoroughfare requires 15% minimum
canopy preservation. The current zoning district of RSF-4, Residential Single -
Family, 4 Units per Acre is 25% minimum canopy preservation; the current
zoning district of RI-12, Residential Intermediate, 12 Units per Acre is 20%
minimum canopy preservation.
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 2 of 18
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center Area and City Neighborhood Area.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed -use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building 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 indicates a ranging score of 6-9
for this site, with a weighted score of 11.5 at the highest level. The following elements of the matrix
contribute to the score:
• 4 Minute Fire Response (Station #4, 3385 N. Plainview Avenue)
• Near Sewer Main (E. Longview Avenue and N. Plainview Avenue)
• Near Water Main (E. Longview Avenue and N. Plainview Avenue)
• Near Grocery Store (Harps 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)
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 property is currently minimally developed, as
well as are the immediate surroundings, but it is clear that development in a
more commercial or mixed -use direction is forthcoming. Located just 800
feet west of N. College Avenue, and centered around a planned street
connection and extension of N. Plainview Avenue into the Fiesta Square
shopping center to the south, the site is an ideal location to increase the
entitlement beyond strictly residential uses. UT is one of the highest
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 3 of 18
intensity zoning districts within the City, allowing for auto -oriented uses,
building heights of up to 7 stories, and mixed -use development. The form -
based nature of the zoning district, as well as additional heighted
architectural design standards that accompany the district help make the
allowed uses compatible with the surrounding areas.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The northern portion of the site 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 mixed -use
development. The southern portion of the area is identified as a City
Neighborhood Area, which indicates an intent for more densely developed
residential in close, connected proximity to commercial and neighborhood
services. While UT may not always be in perfect alignment with the City
Neighborhood designation, which it typically meant to serve more local
uses, in this instance, given the future planned street connections, proximity
to regional infrastructure connections, and transit, staff finds the request is
compatible here.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 and RI-12 at this area to UT, Urban Thoroughfare is
justified to help bring the area into alignment with the Future Land Use Map
designations as an Urban Center Area and City Neighborhood Area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to UT would certainly increase traffic at this site.
While the current street infrastructure in the area is minimal, there are plans
for a Plainview Drive extension through the Fiesta Square shopping center
in conjunction with the 2019 Bond Projects. The added connection through
this area mitigates concerns about any appreciable traffic increase to the
area. The property also has close access to transit stops through both Ozark
Regional Transit and Razorback Transit.
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 to UT would increase the potential population density,
though given the available water and sewer infrastructure to the site, and the
planned improvements to the area, staff does not find that this would be to
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 4 of 18
an undesirable degree. The Fayetteville school district did not comment on
this 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-2022-000002.
PLANNING COMMISSION ACTION: Required YES
Date: February 14, 2022 O Tabled Forwarded O Denied
Motion: Winston with a recommendation of
approval.
Second: Sparkman
JVote: 9-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
o §161.24 Urban Thoroughfare
• Street Connection Exhibit
• Applicant Request Letter
• Applicant Site Exhibit
• Applicant Exhibit — Development Illustration
• One Mile Map Public Comment was received after staff
• Close-up Map report initially published and has been
• Current Land Use Map inserted.
• Future Land Use Map
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 5 of 18
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
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 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 6 of 18
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 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, 4-20-2 1)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas
with existing public facilities and to encourage the development of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
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 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3)
family
family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 7 of 18
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
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 2 stories/3 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. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) 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(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; 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. 5592, 06-18-13; 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 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245
, §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21)
161.24 Urban Thoroughfare
(A) Purpose. The Urban Thoroughfare District is designed to provide goods and services for persons living in the
surrounding communities. This district encourages a concentration of commercial and mixed use development
that enhances function and appearance along major thoroughfares. Automobile -oriented development is
prevalent within this district and a wide range of commercial uses is permitted. For the purposes of Chapter 96:
Noise Control, the Urban Thoroughfare district is a commercial zone. The intent of this zoning district is to
provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three (3) and four (4) family dwellings
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 8 of 18
Unit 13
Eating places
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 40
Sidewalk cafes
Unit 41
Accessory Dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale 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
Unit 42
Clean technologies
Unit 43
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:
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 9 of 18
(F) Building Height Regulations.
Building Height Maximum 1 5 stories/7 stories*
* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a
building that is located greater than 15 feet from the master street plan right-of-way shall have a maximum
height of seven (7) stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Minimum buildable street frontage. 50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 , §§5, 7, 8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No.
6427 , §§l (Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 10 of 18
HALL
ESTILL
fi R_1LYS ;\I 1-/ 'W
January 4, 2022
VIA CITY OF FAYETTEVILLE PORTAL
City of Fayetteville Planning Department
City of Fayetteville Planning Commission
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Rezoning of Parcels
Robert K, Rhoads
75 N East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
Portion of 765-15767-000, 765-15751-000, 765-07401-000,
765-07402-000, 765-07403-000, 765-07404-000, & 765-15757-000
To Whom It May Concern: Portion of 765-15767-000,
765-15751-000, 765-07401-000,
765-07402-000, 765-07403-000,
This letter is in regard to rezoning parcel . 765-07404-000 from its current designation
of RSF-4 and parcel 765-15757-000 from RI-12 to Urban Thoroughfare (UT). I
represent the owners (City Center North, LLC) of said pareels. These properties are located west
of College Avenue next to the Lewis Chrysler Ford Dealership.
UT is designed to provide goods and services for persons living in the surrounding
communities. UT encourages a concentration of commercial and mixed use development along
major thoroughfares. Automobile -oriented development is prevalent within UT and a wide range
of commercial uses is permitted.
Further the UT district is considered to be in a line with future land use plans for this area
and which is Urban Center and City Neighborhood.
With the projected changes in this area, the extension of Plainview Avenue and the future
land use plans we feel the proposed rezoning is in line and very compatible with the future plans
of the city and will not unreasonably affect; in any adverse way the surrounding land uses.
Sincerely yours,
Hall, Estill, Hardwick, Gable, Golden &
Nets P.C.
Robert K. Rhoads
City Center North, LLC
By:
Z� n2AI\ D, Managing Member
51235791:0 919,00001
Hall, Estill, Hardwick, Gable, Golden & Nelson, PC.
Tulsa • Oklahoma City • Northwest Arkansas • Denver
wvvw.hallestill.com
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 11 of 18
From: Planning Shared <planning@fayetteville-ar.gov>
Sent: Monday, February 14, 2022 10:22 AM
To: Harrison, Gretchen <gharrison@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-
a r.gov>
Subject: FW: Planning meeting feb 14, agenda item RZN-22-000001
Jessie,
I believe this should be RZN-2022-000002. Thank you.
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison(@fayetteville-ar.gov
T 479.575.8267 1 F 479.575.8202
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANSAS
From: Marilyn Miller [mailto:mml3egm@gmail.com]
Sent: Monday, February 14, 2022 10:11 AM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Planning meeting feb 14, agenda item RZN-22-000001
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.
Good day folks,
I am writing to put in a protest with regard to this agenda. My Mom, a WWII Army Veteran lives at 710
E. Longview and is directly impacted by the proposed rezoning. R-S4 is a much lower density than the
proposed R-12. Kenray St is not a street, but a dirt track leading to an open area, Tract 2. My Mom's
house is currently surrounded by this open space which could be maintained as such providing relief for
the surrounding neighborhoods and the wildlife in this remaining area. My Mom has been in her house
for over 60 years and has enjoyed this special area of town. Yes, she is just one person, but due to past
rezoning decisions, an entire neighborhood was removed from existence. Please consider that this
rezoning request adds another neighborhood to the list of previous residential areas, especially the
small quiet areas of Fayetteville. Why does Fayetteville feel tearing down trees, ripping up open space
and building architectural boxes enhance the quality of life?
Marilyn Miller
mml3egm@gmail.com
Rezoning Vicinity Map
98` 938
fn
,.
..
TRACT 1
—
23A-42
ATL-213 -
'
TRACT 2
-
92xrs92/17S
TRACT 3
R-0
�
m i
RI'-1
I
73a/411 I
761".3s6
`
7s4/.,66
LAND AREA
r
TRACT #1.1 - ± 2.55 AC
TRACT #2 - ± 1.00 AC
TRACT #3 - ± 2.30 AC
t !
R-A451
,
6231 `Imag,ery
TOTAL - ± 5.85 AC
FayetteviIle, A-
12/28/2021, 8:29:10AM
1:2,257
0 0.0175 0.035 0.07 mi
Right -of -Way
Private
Avigation Easement
11 ., .. I ,T, , , , . I I
AHTD
RR
Drainage Easement
0 0.03 0.06 0.12 km
Farmington
Springdale
Conservation Easement
Fayetteville
University of Arkansas
Landscape Easement
Tha data contained herein was compiled from various sources for the sole use and benefit of
the City of Fayetteville Geographic Information system and the public agencies it serves.
Goshen
Any use of the data by anyone other than he City of Fayetteville Is at the sole risk of the
U
Washington County
Sidewalk Easement
user; and by acceptan a of this data, the userdoes herebyagree to indemnify are City of
Fayetteville and hold the City of Fayetteville harmless from and without liability for any
Greenland
aims, actions, coslfordemages of any nature, including the city's cost of defense, asserted
General Utility Easement
Trail Easement
w user or by another arising from me use orinss data The City of Fapµ�c� mmission
Johnson
express or implied warrantees wllh reference to the data. No word, phrase, r faun
f
herein shall be anns tru ad to waive that tort immunity set forth under Arkansas lawebruary 14, 2022
Access Easement
Tree Preservation Easement
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 12 of 18
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STAFF STREET CONNECTION EXHIBIT
RZN-2022-000002
-
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Millsap Road
1
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Masonic Drive
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Subject
Properties
Planning Commission
February 14, 2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 14 of 18
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 15 of 18
RZN-2022-000002
Close Up View
------------
-LONGVIEWST
■ i Planned Residential Link
- - - Trail (Proposed)
Design Overlay District
Planning Area
' Fayetteville City Limits
L
City Center North, LLC
0 75 150
P-1
R-A
"kCNKAY'J I
Proposed LIT
Feet
300 450
1 inch = 200 feet
:11
A&
NORTH
Zoninq Acres
UT 5.9
Total 5.9
Planning
.1@h.
ssion
2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 16 of 18
ssion
2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 17 of 18
ssion
2022
Agenda Item 8
RZN-22-000002 City Center North, LLC.
Page 18 of 18