HomeMy WebLinkAboutOrdinance 65451�
113 West Mountain Street IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII IIIIIIIIIIIIIIIIIIIIIII
Fayetteville, AR 72701
(479)575-8323 Doc ID: 020517040004 Type: REL
Ordinance: 6545 Kind: ORDINANCE
Recorded: 04/28/2022 at 01:08:52 PM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
File Number: 2022-0185 Kyle Sylvester Circuit Clerk
File2022-00014162
RZN-2022-005 (3066 E. JOYCE BLVD./GO PROPERTIES, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-005 LOCATED AT 3066 EAST JOYCE BOULEVARD FOR APPROXIMATELY 8.87
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES;
NS-G, NEIGHBORHOOD SERVICES -GENERAL; AND RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to CS,
Community Services; NS-G, Neighborhood Services -General; and RI-12, Residential Intermediate,
12 Units Per Acre.
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 4W2
Ordinance: 6545
File Number: 2022-0185
Attest:
Kara Paxton, City Clerk Treasures
FAY`TTEti'ILLE ;
111
Page 2 Printed on 416122
RZN-2022-000005 GO Properties, LLC RZN-2022-000005
Close Up View EXHIBIT 'A'
O
RMF-24
WaaS&t.1,
RSF-4
R-O
—MILLENNIUM DR �t��
4
C-t
- Regional Link - High Activity
W-4W Planned Neighborhood Link
0-01 Planned Residential Link
Trail (Proposed)
Planning Area
- -, Fayetteville City Limits
Feet
0 75 150 300 450
1 inch = 200 feet
it
C-2
NORTH
Zoning
Acres
CS
5.0
NS-G
1.9
RI-12
2.1
e
Total 9.0
Washington County, AR
I certify this instrument was filed on
04/28/2022 01:08:52 PM
and recorded in Real Estate
File Number 2022-00014162
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0185
Agenda Date: 4/5/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.3
RZN-2022-005 (3066 E. JOYCE BLVD./GO PROPERTIES, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-005 LOCATED AT 3066 EAST JOYCE BOULEVARD FOR APPROXIMATELY 8.87 ACRES
FROM R-A, RESIDENTIAL AGRICULTURAL TO CS, COMMUNITY SERVICES; NS-G,
NEIGHBORHOOD SERVICES -GENERAL; AND RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS
PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to CS, Community Services; NS-G,
Neighborhood Services -General; and RI-12, Residential Intermediate, 12 Units Per Acre.
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
2022-0185
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-2022-000005: Rezone (3066 E. JOYCE BLVD./GO PROPERTIES, LLC., 177): Submitted by JORGENSEN &
ASSOCIATES, INC. for property located at 3066 E. JOYCE BLVD. in Ward 3. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 8.87 acres. The request is to rezone a portion of the property to CS,
COMMUNITY SERVICES, a portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL, and a portion to RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE.
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-2022-000005: Rezone (3066 E. JOYCE BLVD./GO PROPERTIES, LLC.,
177): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at
3066 E. JOYCE BLVD. in Ward 3. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 8.87 acres. The request is to rezone
a portion of the property to CS, COMMUNITY SERVICES, a portion to NS-G,
NEIGHBORHOOD SERVICES -GENERAL, and a portion to RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE.
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 approximately 700 feet north of N. Crossover Road's
intersection with E. Joyce Boulevard. Containing 8.87 acres, the property is currently undeveloped
and is zoned R-A, Residential -Agricultural. The property has approximately 700 feet of frontage
along N. Crossover Road, a Regional Link — High Activity street, and also has street frontage on
the eastern side along E. Joyce Boulevard, a Residential Link Street in this location.
Request: The request is to rezone the property to CS, Community Services, NS-G, Neighborhood
Services — General, and RI-12, Residential Intermediate, 12 Units per Acre. The applicant has
not submitted any additional development plans or intent.
Public Comment: Staff received no public comment regarding this request.
Land Use Compatibility: The surrounding property is currently a mix of land uses, and staff finds
that the applicant's request is compatible. The applicant is taking a nuanced approach to the site
that reflects the mix of uses, density, and intensity surrounding the site. To the east is currently
undeveloped agricultural land, to the south is a commercial strip, to the west is single-family
homes, and to the north is multi -family residential. The applicant has placed the highest intensity
and density zoning district (CS, Community Services) along the property's frontage with N.
Crossover Road, the second -most (NS-G, Neighborhood Services -General) along the southeast
corner of the site, where the property currently has frontage along E. Joyce Blvd, and the lowest
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
intensity (RI-12, Residential Intermediate, 12 Units per Acre) in the northeast corner of the site.
All three zoning districts have a form -based intent, which promotes walkable development
patterns and higher standards for architectural design. The allowable building heights in each
zoning district are also compatible in terms of scale; the highest permitted building heights (5
stories with CS) would be focused along the N. Crossover frontage, and the lower (3 stories with
RI-12 and NS-G) would be focused along the E. Joyce frontage.
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 area is designated as a
City Neighborhood Area, which indicates an intent for more densely developed residential in
close, connected proximity to commercial and neighborhood services. This zoning request has
the potential to meet goal #3, by growing the potential for a more compact, complete, and
connected development pattern. The request will also create opportunities for attainable housing
by introducing a variety of housing types in the area, and will help grow a livable transportation
network (goal #4) by bringing added density to an area with existing transit stops.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-6
for this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #5, 2979 N. Crossover Rd.)
• Near Sewer Main (West side of N. Crossover Road)
• Near Water Main (South side of the property)
• Near Paved Trail (Niokaska Trail)
• Near ORT Bus Stop (Route 30)
• Appropriate Future Land Use (City Neighborhood)
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 Garlock made the motion and
Commissioner Sparkman seconded. Commissioners offered little comment, finding the request
to be appropriate and close to a PZD. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-000005 I GO Properties, LLC
Close Up View
EXHIBIT 'B'
RZN-2022-000005
LEGAL DESCRIPTIONS FOR:
PROPOSED ZONING CHANGES TO PARCEL #765-13240-000
PARCEL#765-13240-000:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH,
RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 574.79 FEET
TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE EASTERN RIGHT OF WAY OF
NORTH CROSSOVER ROAD (HIGHWAY 265), AND RUNNING THENCE S87°45'58"E 756.42 FEET; THENCE
S02°10'59"W 653.15 FEET; THENCE N87°48'59"W 449.63 FEET TO A POINT ON THE EASTERN RIGHT OF WAY OF
NORTH CROSSOVER ROAD (HIGHWAY 265), AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 6
COURSES: N23°21'57"W 87.10 FEET; N26°43'18"W 150.00 FEET; N15°24'41"W 101.98 FEET; N26°46'18"W 100.00
FEET; N18°33'28"W 183.46 FEETAND N28°44'53"W 102.17 FEETTOT HE POINT OF BEGINNING, CONTAINING IN
ALL 9.05 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PROPOSED ZONE CS:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH,
RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 574.79 FEET
TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE EASTERN RIGHT OF WAY OF
NORTH CROSSOVER ROAD (HIGHWAY 265), AND RUNNING THENCE S87°45'58"E 491.42 FEET; THENCE
S02°37'02"W 653.40 FEET; THENCE N87'48'59"W 179.67 FEET TO THE EASTERN RIGHT OF WAY OF NORTH
CROSSOVER ROAD (HIGHWAY 265), AND RUNNING ALONG SAID RIGHT OF WAY THE FOLLOWING 6 COURSES:
N23°21'57"W 87.10 FEET; N26'43'18"W 150.00 FEET; N15°24'41"W 101.98 FEET; N26°46'18"W 100.00 FEET;
N18°33'28"W 183.46 FEET; N28'44'53"W 102.17 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 5.04
ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PROPOSED ZONE RI-12:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH,
RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87-45'58"E 1066.21 FEET
TO THE TRUE POINT OF BEGINNING, AND RUNNING THENCE S87°45'58"E 265.00 FEET; THENCE S02°10'59"W
350.88 FEET; THENCE N87°22'58"W 267.65 FEET; THENCE NO2°37'02"E 349.09 FEET TO THE POINT OF BEGINNING,
CONTAINING IN ALL 2.14 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PROPOSED ZONE NS-G:
A PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH,
RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 30, AND RUNNING S87°45'58"E 1331.21 FEET
AND S02°10'59"W 350.88 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING LOCATED ON THE
WESTERN RIGHT OF WAY OF EAST JOYCE BOULEVARD, AND RUNNING ALONG SAID RIGHT OF WAY S02°10'59"W
302.27 FEET; THENCE LEAVING SAID RIGHT OF WAY N87°48'59"W 269.95 FEET; THENCE NO2°37'02"E 304.31 FEET;
THENCE S87°22'58"E 267.65 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 1.87 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
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-2022-000005: Rezone (3066 E. JOYCE BLVD./GO PROPERTIES,
LLC., 177): Submitted by JORGENSEN & ASSOCIATES, INC. for
property located at 3066 E. JOYCE BLVD. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 8.87 acres.
The request is to rezone a portion of the property to CS, COMMUNITY
SERVICES, a portion to NS-G, NEIGHBORHOOD SERVICES -GENERAL,
and a portion to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER
ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-000005 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-000005 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville approximately 700 feet north of N. Crossover Road's
intersection with E. Joyce Boulevard. Containing 8.87 acres, the property is currently undeveloped
and is zoned R-A, Residential -Agricultural. The property has approximately 700 feet of frontage
along N. Crossover Road, a Regional Link — High Activity street, and also has street frontage
along the eastern side along E. Joyce Boulevard, a Residential Link Street in this location.
Surrounding land uses and zoning is depicted in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
South
Commercial
C-1, Neighborhood Commercial
East
Undeveloped/Agricultural
R-A, Residential Agricultural
West
Single -Family Residential
RSF-4, Residential Single -Family 4 Units per Acre
Request: The request is to rezone the property to CS, Community Services, NS-G, Neighborhood
Services — General, and RI-12, Residential Intermediate, 12 Units per Acre. The applicant has
not submitted any additional development plans or intent.
Public Comment: Staff has not received any public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Crossover Road. N. Crossover Road is a
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 1 of 16
fully improved Residential Link — High Activity street with asphalt paving, sidewalk,
and curb and gutter. The property also has frontage along E. Joyce Boulevard.
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 south side of subject property.
Sewer: Sanitary sewer is not available to the subject area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 2 miles from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 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 a FEMA floodplain,
there are no hydric soils on site, and there is not a protected stream on the site.
The property is not located within the Hillside -Hilltop Overlay District.
Tree Preservation:
The proposed zoning district of R-A, Residential -Agricultural requires 25%
minimum canopy preservation. The requested zoning districts of CS,
Community Services, NS-G, Neighborhood Services General, and RI-12,
Residential Intermediate, 12 Units per Acre each require 20% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood Area.
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 4-6
for this site, with a weighted score of 7. The following elements of the matrix contribute to the
score:
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 2 of 16
• Adequate Fire Response (Station #5, 2979 N. Crossover Rd
• Near Sewer Main (West side of N. Crossover Road)
• Near Water Main (South side of the property)
• Near Paved Trail (Bike Lanes on N. Crossover Road)
• Near ORT Bus Stop (Route 30)
• Appropriate Future Land Use (City Neighborhood)
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 surrounding property is currently a mix of land
uses, and staff finds that the applicant's request is compatible with those
surroundings. The applicant is taking a nuanced approach to the site that
reflects the mix of uses, density, and intensity surrounding the site. To the
east is currently undeveloped agricultural land, to the south is a commercial
strip, to the west is single-family homes, and to the north is multi -family
residential. The applicant has placed the highest intensity and density
zoning district (CS, Community Services) along the property's frontage with
N. Crossover Road, the second -most (NS-G, Neighborhood Services -
General) along the southeast corner of the site, where the property currently
has frontage along E. Joyce Blvd, and the lowest intensity (RI-12, Residential
Intermediate, 12 Units per Acre) in the northeast corner of the site. All three
zoning districts have a form -based intent, which promotes walkable
development patterns and higher standards for architectural design. The
allowable building heights in each zoning district are also compatible in
terms of scale with the surroundings; the highest permitted building heights
(5 stories with CS) would be focused along the N. Crossover frontage, and
the lower (3 stories with RI-12 and NS-G) would be focused along the E.
Joyce frontage.
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 area is designated as a City Neighborhood Area, which
indicates an intent for more densely developed residential in close,
connected proximity to commercial and neighborhood services. This zoning
request has the potential to meet goal #3, by growing the potential for a more
compact, complete, and connected development pattern. The request will
also create opportunities for attainable housing by introducing a variety of
housing types in the area, and help grow a livable transportation network
(goal #4) by bringing added density to an area with existing transit stops.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from R-A to CS, NS-G, and RI-12 is justified to bring the area into
agreement with the "City Neighborhood" designation at this site, which
would allow a mix of residential and non-residential uses by right and lead
to a more compact, complete, and connected neighborhood in this area.
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 3 of 16
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from R-A as the applicant is requesting does have the
potential to appreciably increase traffic at this site. However, given the
property's frontage along N. Crossover Road, a north -south Regional Link
as well as close access to E. Joyce Boulevard, an east -west connection
through the City, staff does not find that the request would increase traffic
to a dangerous degree. The site also has access to an Ozark Regional Transit
line, which helps contribute to meeting the City's goal #4 of growing a livable
transportation network.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from R-A as the applicant is requesting could alter the
population density in the area, though not to an undesirable degree. CS does
not have a density maximum, should residential uses be developed along
the N. Crossover frontage. However, given the existing access to utilities and
services, staff finds that increased density in this location would take
advantage of those existing services and would not negatively impact those
existing services. The Fayetteville Public School system did not comment
on the request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2022-000005.
PLANNING COMMISSION ACTION: Required YES
Date: February 14, 2022 O Tabled 0 Forwarded O Denied
Motion: Garlock
(Second: Sparkman
(Vote: 9-0-0
with a
recommendation of
approval
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 4 of 16
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential -Agricultural
o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
o §161.19 NS-G, Neighborhood Services — General
o §161.22 Community Services
• Applicant Request Letter
• Applicant Site Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 5 of 16
Units per acre I One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
161.11 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
1 Cluster Housing Development
Unit 46
1 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
Planning Commission
February 14, 2022
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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.
(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."
161.19 NS-G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General promotes a walkable, pedestrian -oriented neighborhood
development form with sustainable and complementary neighborhood businesses that are compatible in scale,
Planning Commission
February 14, 2022
Agenda Item 10
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aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the
Neighborhood Services district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12b
General business
Unit 24
Home occupations
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
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 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 16
Shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities
Unit 45
Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings 35 feet
All other uses None
(2) Lot Area Minimum.
Single-family
4,000 square feet
Two (2) family or more
3,000 square feet per dwelling
unit
All other uses
None
(E) Setback regulations.
Front
Side
Side -Zero Lot Line*
Rear
Rear when contiguous to
a single-family residential
district
A build -to zone that is
5 feet
A setback of less than 5
None
15 feet
located between the front
feet (zero lot line) is
property line and a line 25
permitted on one interior
feet from the front
side, provided a
property line.
maintenance agreement
is filed**. The remaining
Planning Commission
February 14, 2022
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Page 8 of 16
side setback(s) shall be
10 feet.
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §7(Exh. A), 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."
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 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
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Planning Commission
February 14, 2022
Agenda Item 10
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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)
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 10 of 16
a. JORGENSEN
r +ASSOCIATES
Civil Engineering Surveying
January 26, 2022
City of Fayetteville
113 W. Mountain
Fayetteville, AR 72701
Attn: Development Services
Re: Rezoning
124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
Office: 479.442.9127
www.iorgensenassoc.com
Established 1985
Please accept this request to rezone parcels 765-13240-000. The current zoning is R-A, and we feel that
this doesn't necessarily align with the City's Future Land Use plan. With RMF-24 to the north and C-1 to the
south we are hoping to request a transitional zoning of CS along 265, RI-12 in the NE corner, and NS-G in the SE
corner as per our attached exhibit and legal descriptions.
The site currently has adequate access to water, sewer, and ample street capacity.
Please review this application and let us know if there are any questions that we may be able to answer.
Thanks.
Blake Jorgensen, PE
Jorgensen + Associates
Planning Commission
February 14, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 11 of 16
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Planning Commission
February 14, 2022
Agenda Item 10
Properties, LLC
Page 12 of 16
RZN-2022-000005
One Mile View
RSF-4
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Fayetteville City Limits
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4
ssion
2022
Agenda Item 10
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RZN-2022-000005 GO Properties, LLC
Close Up View
ssion
2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 14 of 16
RZN-2022-000005
Current Land Use
Single Family Residential
GO Properties, LLC
Multi -Family Residential
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Planned Neighborhood Link
■ ■ Planned Residential Link Feet
- - - Trail (Proposed) 0 112.5 225 450 675 900
Planning Area 1 inch = 300 feet
- -� Fayetteville City Limits
NORTH
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Planning Planning Commission
C���ai' 4, 2022
Agenda Item 10
RZN-22-000005 GO Properties, LLC
Page 15 of 16
RZN-2022-000005
GO Properties,
LLC
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1 inch - 400 feet Il Rural Residential
Urban Center Planning Co m
4,
ssion
2022
Agenda Item 10
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Page 16 of 16