HomeMy WebLinkAboutOrdinance 6557Ordinance: 6557
File Number: 2022-0182
Attest:
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Kara Paxton, City Clerk Treasurer F,qY,
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Page 2 Printed on 4120122
RZN-2022-000006 BioTech Pharmacal
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design overlay District
0 220 440 880 1,320 1,760
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RZN-2022-000006
EXHIBIT'B'
Legal Description: Tract 1A/1B:
TRACT 1 A:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35' AND S00026'20"W 45.43'
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87018'08"E 1351.93' TO A SET
IRON PIN, THENCE S03039'24"W 11.23' TO A FOUND NAIL, THENCE S88009104"E
258.81' TO A SET IRON PIN, THENCE S43038'06"E 56.32' TO A SET IRON PIN,
THENCE S00049'19"W 123.97' TO A SET IRON PIN, THENCE S02006'14"W 10.00' TO
A SET IRON PIN, THENCE S87°53'46"E 10.19' TO A SET IRON PIN, THENCE
S02029'00"W 582.14' TO A SET IRON PIN, THENCE N87010'46"W 1941.03' TO A
FOUND IRON PIN, THENCE N01042'59"E 178.89' TO A POINT, THENCE N00028'03"E
155AT TO A FENCE CORNER POST, THENCE S87058'47"E 298.96' TO A FENCE
CORNER POST, THENCE N00026'20"E 420.62' BACK TO THE POINT OF
BEGINNING. CONTAINING 31.02 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
LESS & EXCEPT
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00026'20'W 345.60', AND
S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E
150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.01', THENCE
S02029'38"W 405.01', THENCE N87011'04"W 203.54', THENCE N87°11'04"W 276.47',
THENCE N02029'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING
4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
IN ALL CONTAINING 26.99 ACRES MORE OR LESS.
TRACT 1 B:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00°26'20"W 345.60', AND
S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E
150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.01', THENCE
S02029'38'W 405.01', THENCE N87011'04"W 203.54', THENCE N87011'04"W 276.47',
THENCE N02029'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING
4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
2 -Washington County Parcel No. 765-15831-000
Legal Description: Tract 2
TRACT 2
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 636.41', AND S00°42'14"W 30.43,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S86059'40"E 297.11' TO A FOUND
IRON PIN, THENCE S00026'20"W 435.07' TO A FENCE CORNER POST, THENCE
N87058'47"W 298.96' TO A FENCE CORNER POST, THENCE N00042'14"E 440.13'
BACK TO THE POINT OF BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
3 - Washington County Parcel No. 765-15830-003
Legal Description: Tract 3A/313
TRACT 3A
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 25.61,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87013'48"E 638.28' TO A FOUND
IRON PIN, THENCE S00042'14'W 295.06' TO A POINT, THENCE N87017'52'W 647.66'
TO A POINT, THENCE N02031'36"E 295.63' BACK TO THE POINT OF BEGINNING.
CONTAINING 4.36 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
TRACT 3B
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'16"W 321.24,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87017'52"E 647.66' TO A POINT,
THENCE S00042'14"W 116.29' TO A POINT, THENCE S00028'03"W 155.47' TO A
POINT, THENCE S01042'59"W 178.89' TO A FOUND IRON PIN, THENCE
S03040'04"W 161.92' TO A SET IRON PIN, THENCE N87000'12"W 656.27' TO A SET
IRON PIN, THENCE N02031'36"E 608.97' BACK TO THE POINT OF BEGINNING.
CONTAINING 9.19 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
4- Washington County Parcel No. 765-15832-000
Legal Description: Tract 4A/413
TRACT 4A
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' FROM THE NORTHEAST
CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND
RUNNING THENCE S02031'36"W 321.24' TO A POINT, THENCE N87017'52"W 756.24,
TO A POINT, THENCE N14033'54"W 331.82' TO A FOUND IRON PIN, THENCE
S87035'29"E 853.75' BACK TO THE POINT OF BEGINNING. CONTAINING 5.90
ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
TRACT 4B
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 321.24,
FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S02031'36"W 863.65' TO A POINT,
THENCE N87032'55"W 584.38' TO A POINT, THENCE N10°48'22"E 209.10' TO A
FOUND IRON PIN, THENCE N07056'28"W 284.34' TO A FOUND IRON PIN, THENCE
N25038'41 "W 166.12' TO A FOUND IRON PIN, THENCE N14033'54"W 244.57' TO A
POINT, THENCE S87017'52"E 756.24' BACK TO THE POINT OF BEGINNING.
CONTAINING 12.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0182
Agenda Date: 4/19/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.4
RZN-2022-006 (3493 N. HWY 112/11IOTECH PHARMACAL):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-006 LOCATED SOUTH OF WEST HIGHWAY 112 FOR APPROXIMATELY 65.90 ACRES FROM
R-A, RESIDENTIAL AGRICULTURAL; RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER
ACRE; AND 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL TO NS-G, NEIGHBORHOOD
SERVICES -GENERAL; CS, COMMUNITY SERVICES; UT, URBAN THOROUGHFARE; AND I-1,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL
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; RSF-8, Residential Single Family, 8 Units Per
Acre; and 1- 1, Heavy Commercial and Light Industrial to NS-G, Neighborhood Services -General; CS,
Community Services; UT, Urban Thoroughfare; and I-1, Heavy Commercial and Light Industrial.
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 412012022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0182
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-2022-000006: Rezone (3493 N. HWY 112/BIOTECH PHARMACAL, 208,209): Submitted by VERDANT STUDIO for
properties located SOUTH OF W. HWY 112 in Ward 2. The properties are zoned R-A, RESIDENTIAL AGRICULTURAL,
RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE, & 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and
contain 4 parcels with approximately 65.90 acres. The request is to rezone the properties to NS-G, NEIGHBORHOOD
SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT, URBAN THOROUGHFARE, and 1-1, HEAVY COMMERCIAL AND
LIGHT INDUSTRIAL.
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
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: February 25, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-000006: Rezone (3493 N. HWY 112/BIOTECH PHARMACAL,
208,209): Submitted by VERDANT STUDIO for properties located SOUTH OF W.
HWY 112 in Ward 2. The properties are zoned R-A, RESIDENTIAL
AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE,
& 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 4 parcels with
approximately 65.90 acres. The request is to rezone the properties to NS-G,
NEIGHBORHOOD SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT,
URBAN THOROUGHFARE, and 1-1, HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in north Fayetteville, south and west of Highway 112 and
approximately 1,000 feet west of Interstate 49. Highway 112 borders the property to the north and
east and N. Deane Solomon Road borders to the west. The rezoning request involves four
parcels, totaling approximately 65.90 acres, which are zoned a mix of R-A, Residential
Agricultural, RSF-8, Residential Single-family, 8 Units per Acre, and 1-1, Heavy Commercial &
Light Industrial. Across the entirety of the site the property is developed with three single-family
buildings, two residential outbuildings, two commercial structures, and an associated warehouse
outbuilding. Approximately 25 acres of the subject property was formerly used as a vineyard and
associated winery. The westernmost parcel is entirely undeveloped. Vegetation and tree canopy
cover a considerable portion of the subject area, though none of it is within the Hillside Hilltop
Overlay District. An unnamed tributary of Clabber Creek bisects the westernmost parcel and is
classified as a protected stream. A planned trail connection runs along the north and east
boundary of the site, part of which serves as a connection to the Clabber Creek Trail which runs
parallel to W. Van Asche Drive to the east.
Request: The request to rezone the property from R-A, Residential Agricultural (32.34 acres),
RSF-8, Residential Single-family, 8 Units per Acre (31.93 acres), and 1-1, Heavy Commercial &
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Light Industrial (1.63 acres) to NS-G, Neighborhood Services -General (21.63 acres), CS,
Community Services (5.90 acres), UT, Urban Thoroughfare (34.34 acres), and 1-1, Heavy
Commercial & Light Industrial (4.03 acres). The applicant has not shared any specific
development plans, though they have stated that the rezoning will allow for a mix of commercial
and residential uses and with varying densities.
Public Comment: A neighbor spoke in favor of the request at the Planning Commission meeting.
Specifically, they appreciated the sensitivity to the natural features of the site and walkability
offered by a conceptual site plan shared by the applicant.
Land Use Compatibility: Staff finds the request to be mostly compatible with the surrounding
properties. The subject property is located among low -density residential properties to the north,
west, and southwest. Fellowship Bible Church abuts the property to the south and commercial
uses are present to the east and further afield to the south. The area is characterized by sparse
development of any type. Only a single conventional residential subdivision, Belclaire Estates, is
in the general vicinity. A few commercial sites are within a short distance but are mostly limited to
businesses that attract a regional customer base like the Fayetteville Auto Park, 112 Drive-in
Theatre, and Sam's Club. The property itself is composed of a few large -lot residences and a Bio-
Tech Pharmacal production facility. Only about five acres of the nearly 66-acre site contain hydric
soils and the protected stream is located towards the western extent of the subject area.
The requested zoning districts, NS-G, Neighborhood Services -General, CS, Community Services
and UT, Urban Thoroughfare, would bring a transitional development pattern with the most
intense and varied uses covering roughly 60% of the east and northern extents of the property.
This area, proposed to be rezoned to UT, permits nearly all residential dwelling types from single -
to multi -family developments. It also allows the widest variety of non-residential uses, including
hotels, transportation services like auto sales and body shops, gas stations, commercial
recreational sites, liquor stores, and expanded shopping goods in addition to everything permitted
in CS zoning. The area proposed to be zoned CS represents a similar mix of residential and
commercial uses but restricts non-residential uses to a degree. CS zoning allows for restaurants,
smaller scale shopping goods, and offices, among its by -right non-residential uses. This area is
proposed for the northwest corner of the site. The area proposed to be rezoned to NS-G
represents about 33% of the site in the southwest corner and is the most restrictive among the
proposed districts. NS-G allows single- to four -family dwellings, sidewalk cafes, and some general
business uses like salons, drugstores, groceries, and professional offices at a neighborhood
scale. Each of the districts require development to occur in an urban form, with buildings abutting
the street, incrementally taller building heights, and minimum buildable street frontages that would
foster urban walkable development in a largely undeveloped area. Despite this lack if
development, Highway 112 plays a critical role in the regional transportation network, making
increased land use entitlements on abutting land appropriate and compatible. The area currently
zoned 1-1 is proposed to remain but expand to add roughly 2.4 acres within the surrounding UT
district.
Staff acknowledges that rezoning would allow a significant array of uses that are not currently
permitted. The current R-A and RSF-8 zoning districts allow only for low -density residences and
low -impact, commercial agriculture uses which closely align with the existing condition on the
property. The subject property, however, has access to basic development necessities including
City water, sanitary sewer, and access to a diverse transportation network. Also, improvements
are planned for Highway 112 which will likely further mitigate traffic congestion in the area by
increasing the capacity of the street network to facilitate vehicle travel resulting from increased
zoning entitlements. Further, a relative lack of sensitive ecological features on -site reinforces
staff's opinion that the property is suitable for more dense development. The absence of nearby
development or established neighborhood character may offset some of the negative effects
associated with intense uses and expansive bulk and area allowances. Buildings up to seven
stories including multi -family complexes, hotels, transportation trades, shopping goods, and
commercial recreation sites would all be allowed in the proposed UT area towards the east end
of the site. Since the east end of the site is proximate to other commercial uses and state and
interstate highways the aforementioned uses are unlikely to adversely impact, and may instead
be well positioned to serve residents of north Fayetteville and the larger region.
Land Use Plan Analysis: Staff believes that the proposal is partially compatible with adopted land
use policies, the Future Land Use Map, and goals in City Plan 2040. This area is designated as
Residential and City Neighborhood Areas. Both encourage a mix of residential densities with the
latter designation encouraging high density, mixed -use structures to allow people to live, work,
and shop in the same area. Staff finds that this rezoning request offers the potential for medium -
to high -intensity mix of uses near well -trafficked street corridors. Staff finds the proposal will
provide zoning allowances that will foster a development pattern that brings the higher intensity
uses closer to those corridors while locating lower intensity uses further away from the interstate
and intervening state highway. This pattern somewhat reflects the urban transect (see exhibit in
the attached Planning Commission report), albeit on a smaller scale where development could
serve to act as a node to encourage further development nearby. Further, form -based districts
also allow for a higher scrutiny of design standards than conventional zoning districts. In
conjunction with the Growth Concept Map's Future Land Use Map, the eastern extents of the
property fall within the 15-minute walkshed of a Tier 2 Center located south, near the intersection
of N. Highway 112 and W. Truckers Drive. Conversely, the infill score for the property is low. A
low score may suggest that it is too soon to develop to the density requested. Though, an ample
transportation network and access to essential City services like water and sewer assuage some
concern and suggest the rezoning may be appropriate. Ultimately, with due consideration for the
proposal's alignment with long range planning documents and the area's location among a
diverse transportation network staff finds the request to be justified.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
1-4 out of 12 for this site. The following elements of the matrix contribute to the score:
• Near Water Main (three 6-inch, a 12-inch, and 36-inch mains are on the properties)
• Near Sewer Main (6-inch and 8-inch mains on properties)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use (City Neighborhood 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 Garlock made the motion and
Commissioner Canada seconded. Commissioners who spoke in favor of the rezoning said the
allowed uses would improve the development potential of the area by including non-residential
and mixed -uses, by -right. Commissioners found the request to be generally compatible with the
area. One member of the public commented in favor of the item at the Planning Commission
meeting on February 14, 2022. They spoke approvingly about the zoning district's potential to be
sensitive to the natural features of the site and enhanced walkability.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
4
RZN-2022-000006
Close Up View
BioTech Pharmacal
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Subject Property
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Regional Link
Neighborhood Link
— Unclassified
— Residential Link
■ I Planned Residential Link
— — - Trail (Proposed)
_ Design Overlay District
i Planning Area
Fayetteville City Limits
Feet
0 220 440 880
1:7,200
♦ .
CS
--------
1,320 1,760
I-1
Zoning
Acres
NS-G
21.6
1-1
4.0
UT
34.3
CS
5.9
Total 65.8
Legal Description: Tract 1A/1B:
TRACT 1 A:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35' AND S00026'20"W 45.43,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87018'08"E 1351.93' TO A SET
IRON PIN, THENCE S03039'24"W 11.23' TO A FOUND NAIL, THENCE S88009104"E
258.81' TO A SET IRON PIN, THENCE S43038'06"E 56.32' TO A SET IRON PIN,
THENCE S00049'19"W 123.97' TO A SET IRON PIN, THENCE S02006'14"W 10.00, TO
A SET IRON PIN, THENCE S87053'46"E 10.19' TO A SET IRON PIN, THENCE
S02029'00"W 582.14' TO A SET IRON PIN, THENCE N87010'46"W 1941.03' TO A
FOUND IRON PIN, THENCE N01 042'59"E 178.89' TO A POINT, THENCE N0002810311E
155.47' TO A FENCE CORNER POST, THENCE S87058'47"E 298.96' TO A FENCE
CORNER POST, THENCE N00026'20"E 420.62' BACK TO THE POINT OF
BEGINNING. CONTAINING 31.02 ACRES MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
LESS & EXCEPT
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00026'20"W 345.601, AND
S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E
150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.011, THENCE
S02029'38"W 405.01', THENCE N87011'04"W 203.54', THENCE N87-11'04"W 276.47',
THENCE N02029'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING
4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
IN ALL CONTAINING 26.99 ACRES MORE OR LESS.
TRACT I R-
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A
PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 933.35', S00026'20"W 345.601, AND
S87011'04"E 163.41' FROM THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87011'04"E
150.00', THENCE N02029'38"E 125.00', THENCE S87011'04"E 330.011, THENCE
S02029'38"W 405.01', THENCE N87011'04"W 203.54', THENCE N87011'04"W 276.471
,
THENCE NO2°29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING
4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
2 -Washington County Parcel No. 765-15831-000
Legal Description: Tract 2
TRACT 2
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S87006'06"E 636.41', AND S00042'14"W 30.43,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S86059'40"E 297.11' TO A FOUND
IRON PIN, THENCE S00026'20"W 435.07' TO A FENCE CORNER POST, THENCE
N87058'47"W 298.96' TO A FENCE CORNER POST, THENCE N00042'14"E 440.13'
BACK TO THE POINT OF BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
3 -Washington County Parcel No. 765-15830-003
Legal Description: Tract 3A/3113
TRACT 3A
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 25.61,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87013'48"E 638.28' TO A FOUND
IRON PIN, THENCE S00042'14"W 295.06' TO A POINT, THENCE N8701715211W 647.66,
TO A POINT, THENCE NO2°31'36"E 295.63' BACK TO THE POINT OF BEGINNING.
CONTAINING 4.36 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
TRACT 3B
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'16"W 321.24,
FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S87017'52"E 647.66' TO A POINT,
THENCE S00042'14"W 116.29' TO A POINT, THENCE S00°28'03"W 155.47' TO A
POINT, THENCE S01°42'59"W 178.89' TO A FOUND IRON PIN, THENCE
S03040'04"W 161.92' TO A SET IRON PIN, THENCE N87000'12"W 656.27' TO A SET
IRON PIN, THENCE N02031'36"E 608.97' BACK TO THE POINT OF BEGINNING.
CONTAINING 9.19 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
4- Washington County Parcel No. 765-15832-000
Legal Description: Tract 4A/4113
TRACT 4A
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' FROM THE NORTHEAST
CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND
RUNNING THENCE S02031'36"W 321.24' TO A POINT, THENCE N87017'52"W 756.24,
TO A POINT, THENCE N14033'54"W 331.82' TO A FOUND IRON PIN, THENCE
S87035'29"E 853.75' BACK TO THE POINT OF BEGINNING. CONTAINING 5.90
ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
TRACT 4B
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS S02031'02"W 34.99' AND S02031'36"W 321.24,
FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER AND RUNNING THENCE S02031'36"W 863.65' TO A POINT,
THENCE N87032'55"W 584.38' TO A POINT, THENCE N10048'22"E 209.10' TO A
FOUND IRON PIN, THENCE N07056'28"W 284.34' TO A FOUND IRON PIN, THENCE
N25038'41"W 166.12' TO A FOUND IRON PIN, THENCE N14°33'54"W 244.57' TO A
POINT, THENCE S87017'52"E 756.24' BACK TO THE POINT OF BEGINNING.
CONTAINING 12.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND
RIGHTS -OF -WAY OF RECORD, IF ANY.
1p".- -
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE:
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
February 14, 2022
SUBJECT: RZN-2022-000006: Rezone (3492 N. HWY. 112/BIOTECH
PHARMACAL, 208, 209): Submitted by VERDANT STUDIOS for
properties located SOUTH OF W. HWY 112. The properties are zoned R-
A, RESIDENTIAL AGRICULTURAL, RSF-8, RESIDENTIAL SINGLE-
FAMILY, 8 UNITS PER ACRE, AND 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and contains four parcels with approximately 65.90 acres.
The request is to rezone the property to NS-G, NEIGHBORHOOD
SERVICES -GENERAL, CS, COMMUNITY SERVICES, UT, URBAN
THOROUGHFARE, AND 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-000006 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-000006 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in north Fayetteville, south and west of Highway 112 and
approximately 1,000 feet west of 1-49. Highway 112 borders the property to the north and east
and N. Deane Solomon Road borders to the west. The rezoning request involves four properties,
totaling approximately 65.90 acres, which are zoned a mix of R-A, Residential Agricultural, RSF-
8, Residential Single-family, 8 Units per Acre, and 1-1, Heavy Commercial & Light Industrial.
Across the entirety of the site the properties are developed with three single-family buildings, two
residential outbuildings, two commercial structures, and an associated warehouse outbuilding.
The westernmost property is entirely undeveloped. Vegetation and tree canopy cover a
considerable portion of the subject area, though none of it is within the Hillside Hilltop Overlay
District. An unnamed protected stream, and part of the Illinois River watershed, bisects the
westernmost property and is present in the southwest corner of the adjoining property to the east.
A planned trail connection runs along the north and east boundary of the site, part of which serves
as a connection to the Clabber Creek Trail which runs parallel to W. Van Asche Drive to the east.
Surrounding land uses and zoning are depicted in Table 1.
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 1 of 42
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped/Single-family Residential
R-A, Residential Agricultural; RSF-4, Residential
Single-family, 4 Units per Acre
South
Fellowship Bible Church/Single-family
R-A, Residential -Agricultural; CS, Community Services
Residential
East
ArDOT Offices/Commercial
C-2, Thoroughfare Commercial
West
Single-family Residential
R-A, Residential Agricultural; RSF-4, Residential
Single-family, 4 Units per Acre
Request: The request to rezone the property from R-A, Residential Agricultural (32.34 acres),
RSF-8, Residential Single-family, 8 Units per Acre (31.93 acres), and 1-1, Heavy Commercial &
Light Industrial (1.63 acres) to NS-G, Neighborhood Services -General (21.63 acres), CS,
Community Services (5.90 acres), UT, Urban Thoroughfare (34.34 acres), and 1-1, Heavy
Commercial & Light Industrial (4.03 acres). The applicant has not shared any specific
development plans, though they have stated that the rezoning will allow for a mix of commercial
and residential uses and with varying densities.
Public Comment: Staff has received a few inquiries about the request, but none have offered
specific comments in support or opposition.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along W. Highway 112 and N. Highway 112. W.
Highway 112 is a partially improved Regional Link Street with asphalt paving, curb
and gutter. N. Highway 112 is a partially improved Regional Link Street with
asphalt paving and open ditches. The subject area also has frontage along N.
Deane Solomon Road. N. Deane Solomon Road is a partially improved
Neighborhood Link Street with asphalt paving and open ditches. Any street
improvements would be determined at the time of development proposal.
Water: Public water is available to Tract la. Existing 6-inch, 12-inch, and 36-inch water
mains are present along the north side of W. Highway 112, east side of N. Highway
112, and west side of N. Highway 112, respectively. A direction connection to the
36-inch main is not allowed, though. Public water is available to Tract 1 b. An
existing 6-inch water main is present in the north part of the subject property. Public
water is available to Tract 2. An existing 6-inch water main is present along the
north side of W. Highway 112. Public water is available to Tract 3a. An existing 6-
inch water main is present along the north side of W. Highway 112. Public water
is available to Tract 4a. An existing 6-inch water main is present along the north
side of W. Highway 112. Public water is not available to Tracts 3b and 4b.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present along the west side of the subject property. Another existing 6-
inch sanitary sewer main is present along the southeast side of the subject
property.
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 8, located at 2266 W. Deane Street, protects this site. The property is
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
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located approximately 2.3 miles from the fire station with an anticipated drive time
of approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: A portion of the subject area has hydric soils, and a protected stream is present.
No portion of the subject area lies within the Hillside Hilltop Overlay District (HHOD)
or a FEMA floodplain.
Hydric soils are also present on the subject property. They are a known indicator
of wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the west side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Tree Preservation:
Existing Zoning
• R-A, Residential Agricultural
preservation.
• RSF-8, Residential Single-family,
minimum canopy preservation.
requires 25% minimum canopy
Eight Units per Acre requires 20%
1-1, Heavy Commercial and Light Industrial requires 15% minimum
canopy preservation.
Proposed Zoning
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 3 of 42
• NS-G, Neighborhood Services General requires 20% minimum canopy
preservation.
• CS, Community Services requires 20% minimum canopy preservation.
• UT, Urban Thoroughfare requires 15% minimum canopy preservation.
• 1-1, Heavy Commercial and Light Industrial requires 15% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood and City Neighborhood
Areas.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood. The following guiding policies are designed to encourage future and existing
residential neighborhoods to be or become more complete, compact, and connected:
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 score range between
1-4 out of 12 for this site. Per the Planning Commission's Infill Matrix weighting, this represents
an average weighted score of 4.5 at the highest level. The following elements of the matrix
contribute to the score:
• Near Water Main (three 6-inch, a 12-inch, and 36-inch mains are on the properties)
• Near Sewer Main (6-inch and 8-inch mains on properties)
• Near Paved Trail (Clabber Creek Trail)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be mostly compatible with
the surrounding properties. The subject property is located among low -
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 4 of 42
density residential properties to the north, west, and southwest. Fellowship
Bible Church abuts the property to the south and commercial uses are
present to the east and further afield to the south. The area is characterized
by sparse development of any type. Only a single conventional residential
subdivision, Belclaire Estates, in the general vicinity. A few commercial sites
are within a short distance but are mostly limited to businesses that attract
a regional customer base like the Fayetteville Auto Park, 112 Drive-in
Theatre, and Sam's Club. The property itself is composed of a few large -lot
residences and a Bio-Tech Pharmacal production facility. Only about five
acres of the nearly 66-acre site contain hydric soils and the protected stream
is located towards the western extent of the subject area.
The requested zoning districts, NS-G, Neighborhood Services -General, CS,
Community Services and UT, Urban Thoroughfare, would bring an
incrementally scaled development pattern with the most intense and varied
uses covering roughly 60% of the east and northern extents of the property.
This area, proposed to be rezoned to UT, runs the gamut of residential uses,
allowing everything from single- to multi -family developments. It also allows
the widest variety of non-residential uses, including hotels, transportation
services like auto sales and body shops, gas stations, commercial
recreational sites, liquor stores, and expanded shopping goods in addition
to everything permitted in CS zoning. The area proposed to be zoned CS
represents a similar mix of residential and commercial uses but restricts
non-residential uses to a degree. CS zoning allows for restaurants, smaller
scale shopping goods, and offices, among its by -right non-residential uses.
This area is proposed for the northwest corner of the site. The area proposed
to be rezoned to NS-G represents about 33% of the site in the southwest
corner and is the most restrictive among the proposed districts. NS-G allows
single- to four -family dwellings, sidewalk cafes, and some general business
uses like salons, drugstores, groceries, and professional offices at a
neighborhood scale. Each of the districts require development to occur in
an urban form, with front build -to -zones, incrementally taller building
heights, and minimum buildable street frontages that would foster urban
walkable development in a largely undeveloped area. The area currently
zoned 1-1 is proposed to remain but expand to add roughly 2.4 acres within
the surrounding UT district.
Staff acknowledges that rezoning would allow a significant array of uses that
are not currently permitted. The current R-A and RSF-8 zoning districts allow
only for low -density residences and low -impact, commercial agriculture
uses which closely align with the existing condition on the property and its
surroundings today. The subject property, however, has access to basic
development necessities including City water, sanitary sewer, and access to
a diverse transportation network. Further, a relative lack of sensitive
ecological features on -site reinforces staff's opinion that the property is
suitable for more dense development. The absence of nearby development
or established neighborhood character, in this case, may offset some of the
negative effects associated with intense uses and expansive bulk and area
allowances. Buildings up to seven stories including multi -family complexes,
hotels, transportation trades, shopping goods, and commercial recreation
sites would all be allowed in the proposed UT area, towards the east end of
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 5 of 42
the site and are unlikely to detract from and may serve residents of north
and northwest Fayetteville.
Land Use Plan Analysis: Staff believes that the proposal is partially
compatible with adopted land use policies, the Future Land Use Map, and
goals in City Plan 2040. This area is designated as Residential and City
Neighborhood areas, both of which encourage a mix of residential densities
with the latter designation encouraging high density, mixed -use structures
to allow people to live, work, and shop in the same area. Staff finds that this
rezoning request offers the potential for medium- to high -intensity mix of
uses near well -trafficked street corridors. Staff finds the proposal will
provide zoning allowances that will foster a development pattern that brings
the higher intensity uses closer to those corridors while locating lower
intensity uses further away from the interstate and intervening state
highway. This pattern somewhat reflects the urban transect (exhibit
attached), albeit on a smaller scale where development could serve to act as
a node to encourage more rooftops in the area. Further, form -based districts
also allow for a higher scrutiny of design standards than conventional
zoning districts. In conjunction with the Future Land Use Map, the eastern
extents of the property fall within the 15-minute walkshed of a Tier 2 Center
located south, near the intersection of N. Highway 112 and W. Truckers
Drive. Conversely, the infill score for the property is low. A low score may
suggest that it is too soon to develop to the density requested. Though, an
ample transportation network and access to essential City services like
water and sewer assuage some concern and suggest the rezoning may be
appropriate.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant did not indicate or offer a specific development proposal along
with this request. Staff finds that upzoning is consistent with long-term land
use plans and reflects aspects of City Plan 2040 as Residential and City
Neighborhood areas, therefore making this request justified.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property carries an associated potential to create and
appreciably increase traffic in this area. Given the size of the property and
existing context, any development is likely to generate more traffic that what
currently exists. With that said, close access to the interstate, public trail
network, and Regional and Neighborhood Link Streets that currently operate
under their designed service capacity the impact to the transportation
network will likely be limited. Further, the opportunity to bring a mix of uses
to the area may limit automobile trips from rising to a level that would
otherwise be undesirable.
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.
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 6 of 42
Finding: Rezoning the property carries an associated potential to drastically increase
the population density and, therefore, increase the load on public services.
The proposed CS and UT districts do not have a density maximum should
residential uses be developed on the site. The property has direct access to
multiple water and sanitary sewer mains, which should be able to handle an
increased load on public services resulting from future development.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2022-000006.
PLANNING COMMISSION ACTION: Required YES
Date: February 14, 2022 O Tabled O Forwarded O Denied
Motion:
Second:
Vote:
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 7 of 42
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.03, District R-A, Residential -Agricultural
o §161.09, District RSF-8, Residential Single-family, 8 Units per Acre
o §161.19, District NS-G, Neighborhood Services -General
o §161.22, District CS, Community Services
o §161.24, District UT, Urban Thoroughfare
o §161.30, District 1-1, Heavy Commercial and Light Industrial
• Urban Transect Exhibit
• Applicant Request Letter
• Applicant Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 8 of 42
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.
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
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 9 of 42
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."
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
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161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as
the historical neighborhoods in the downtown area.
(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.
By Ri ht
Single-family dwelling units per
acre
8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
50 feet
Two 2 family
50 feet
Townhouse, no more than two
2 attached
25 feet
(2) Lot Area Minimum.
Single-family 5,000 square feet
Two-family 5,000 square feet
(3) Land Area Per Dwelling Unit.
Single-family
5,000 square feet
Two-family
5,000 square feet
Townhouse, no more than two
(2) attached
2,500 square feet
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 11 of 42
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total
lot area. Accessory ground mounted solar energy systems shall not be considered buildings.
(Ord. No. 4783, 10-18-05; 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 , §§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 11
RZN-22-000006 BioTech
Page 12 of 42
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,
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 laces
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
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 13 of 42
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
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."
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 14 of 42
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 laces
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and drive-in/drive through
restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 15 of 42
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427 , §§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
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 16 of 42
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
Unit 13
Eating laces
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 preduction
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
1 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.
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 17 of 42
(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 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 11
RZN-22-000006 BioTech
Page 18 of 42
161.30 District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this
district are intended to provide a degree of compatibility between uses permitted in this district and those in
nearby residential districts.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating places
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
1 Mini -storage units
Unit 43
1 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining
A or R districts
50 feet
Front, when adjoining
C, I, or P districts
25 feet
Side, when adjoining
A or R districts
50 feet
Side, when adjoining
C, I, or P districts
10 feet
Rear
25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that if a building
exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over two (2) stories shall be equal to the difference between the total height of that
portion of the building, and two (2) stories.
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 19 of 42
(G) Building Area. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 5982 , §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17)
Planning Commission
February 14, 2022
Agenda Item 11
RZN-22-000006 BioTech
Page 20 of 42
N N
OD CD C
ol a0
co
-3
CD O N.
0 E N O
S N 0
Planning Department
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
REZONE REQUEST OF:
1 -Washington County Parcel No. 765-15830-001
Owner: BFT Rental LLC
Type: (CG) Com/Agri. Impr.
Address: 3487 N HWY 112
Size: 33.27 Acres
2 -Washington County Parcel No. 765-15831-000
Owner: BFT Rental LLC
Type: (RI) Res. Improv.
Address: 2019 W HWY 112
Size: 2.9 Acres
3 - Washington County Parcel No. 765-15830-003
Owner: BFT Rental LLC
Type: (Al) Agri. Improv.
Address: 2205 W HWY 112
Size: 13.52 Acres
4- Washington County Parcel No. 765-15832-000
Owner: BFT Rental LLC
Type: (AV) Agri. Use/Vacant
Address: 3480 N. Deane Solomon Rd.
Size: 18.41 Acres
NARRATIVE STATEMENT:
The rezoning request is for approximately 68.1 acres of county property separated into four tracts.
Note, the referenced tract number to be used in future descriptions within application to differentiate the current
subdivisions of property. It is faced to the north by undeveloped zoning R-A bordering Fayetteville City limits,
C-2 to the east and RSF-4/R-A to the west. The property is bordered to the south by properties zoned C-S.
For Tract 1 (Washington County Parcel No. 765-15830-001), the applicant requests that this property to
be zoned UT, and expand the boundary of the current 1-1 district. — RE: metes and bounds description
attached.
For Tract 2 (Washington County Parcel No. 765-15831-000), the applicant requests that this property to
be zoned UT.
For Tract 3 (Washington County Parcel No. 765-15830-003), the applicant requests that this property to
be divided between NS-G and UT district — RE: metes and bounds description attached.
For Tract 4 (Washington County Parcel No. 765-15832-000), the applicant requests that this property to
be divided between NS-G and CS district — RE: metes and bounds description attached.
The proposed zoning follows the City of Fayetteville projected land use for this area of Fayetteville. The
City Plan 2040 Future Land Use designates Tract 1, Tract 2 and Tract 3 to be within City Neighborhood, Tract
4 within Residential Neighborhood.
Following the ideals of a form -based code, Tract 4, will remain primarily residential in nature, aiming to
create opportunities for affordable housing through a variety of housing types with appropriate scale/density to
its surrounding areas. The subdivision proposed to be designated CS would allow more diversity of non-
residential uses to support the developed and planned neighborhoods, also in keeping with traditional low
intensity and non-residential uses outlined for this land use.
To the east, Tract 1-3, is envisioned to be a wellness -oriented zone accessible to the residential
neighborhoods nearby, and to be faced by planned `Urban Center' land use to the east. This would be a higher
intensity area than that of Track 4, offering much needed non-residential uses/intensity (unavailable in R-A
district) such as medical offices and suites, food stores, retail, general services, and spiritual spaces.
Contextually, the UT district is congruent with the automobile traffic of state Highway 112, though its intent is to
serve the city of Fayetteville not the regional population.
District zone 1-1 is proposed to remain as is but with the extension of its borders to add + 2.4 acres. The
City Plan 2040 Future Land Use also recognizes existing conventional developments on site and their potential
for redevelopment. Existing production/administrative/manufacturing uses on structures within 1-1 are to be
relocated to a planned facility northeast of pond. This will allow a holistic use of the south facing building by the
pond. All other programming in 1-1 will be of commercial nature.
As a collective, Tracts 1-4 aim to promote general wellness (physical, emotional, spiritual, social)
through thoughtful programming, careful workplace/retail distribution, context -sensitive building/streets, and
constant exposure to the natural environment —guided by the program goals of Plan 2040.
We recognize the need for more attainable housing in the area while also discouraging suburban
sprawl, thus the requested zones allow a variety of housing types and create more opportunities for small
home businesses to flourish within the residential landscape. Additionally, the mixed use and commercial
areas (CS/UT) seek to provide areas where residents can access personal services, employment, and leisure
within a 5-minute walk. This would improve and increase comfortable pedestrian access throughout the area,
thereby encouraging social interactions, walkability, and connectivity between the neighborhoods.
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, aesthetics, and use with surrounding land uses. For the purpose of Chapter 96: Noise
Control the Neighborhood Services district is a residential zone.
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
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
(2) Lot Area Minimum.
Single-family 4,000 square feet
Two (2) family or more 3,000 square feet per dwelling unit
(E) Setback regulations.
Front
Side
Side -Zero Lot Line*
Rear
Rear when contiguous to a single-family
residential district
A build -to zone that
5
A setback of less
None
15 feet
is located between
feet
than 5 feet (zero lot
the front property
line) is permitted on
line and a line 25
one interior side,
feet from the front
provided a
property line.
maintenance
agreement is filed".
The remaining side
setback(s) shall be
10 feet.
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
CS- 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.
Permitted Uses
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping goods
Unit 18
Gasoline service stations and drive-in/drive through restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Conditional Uses
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
(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
(G) Minimum Buildable Street Frontage.50% of the lot width.
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.
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
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
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 a
15 feet
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.
V E=_ FR ID A NJ _F
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art - architecture
216 W. BIRCH ST SUITE 101
ROGERS, AR 72756
JESSICA HESTER
jessica@verdant-studio.com
(479)-755-2904
CONTEXT. CITY OF FAYETTEVILLE
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REZONING REQUEST OF TRACTS:
1 - Washington County Parcel No. 765-15830-001 3 - Washington County Parcel No. 765-15830-003
2 -Washington County Parcel No. 765-15831 -000 4- Washington County Parcel No. 765-15832-000
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EXISTING ZONING: RA, SRF-8, CS + 1-1
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R-A: Residential- Agricultual 1-1: Heavy Commercial ® CS: Reference only -
/Light Industrial Not subject to rezoning
RSF-8: Residential Single Family (8 Units/Acre) 4: Parcel Ref. Number
ZONING OVERLAYS: 15% SLOPE, STREAMSIDE PROTECTION, EGN
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FUTURE LAND USE: 2040 FAYETEVILLE PLAN
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UTILITIES: WATER/SEWER LINE
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Utility Easement Zone 4 Parcel Ref. Number
PROPERTY CONTEXT
REZONING PROPOSAL
12.15.21
2
REZONING DIAGRAM
Seeking to rezone Tract 1 4 (as
+ i OUTSIDE aFCITY LIMITS shown on diagram) with intention
to provide wellness- oriented
) W7 Ivy Owl- , --„ services and resources.
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4a 3a Tracts Subject to Rezoning
_ 2 Ly'ilj NSG: Neighborhood
Services General
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UT: Urban Thoroughfare
■
1-1: Heavy Commercial
r /Light Industrial
Owned Adjacent Property:
No. 765-15830-008 - Shown as
► Y r hatch for context, not subject to
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y Spaces that promote deeper
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connections to ourselves, our
neighbors, our community and
our land. ls
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PROPOSED ZONING
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PROPOSED ZONING AREAS & SUBDIVISION
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CURRENT ZONING AREAS & SUBDIVISION
43'
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13.5 Acres R.A
18.2 Acres
2.9 Acres
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JREZONING AREAS
REZONING PROPOSAL 4
12.15.21
METES AND BOUNDS OF:
1- Washington County Parcel No. 765-15830-001
2 - Washington County Parcel No. 765-15831-000
3 - Washington County Parcel No. 765-15830-003
4- Washington County Parcel No. 765-15832-000
'Refer to attached doc. for additional property information
■ CS: Community Services
■ NSG: Neighborhood Services- General
■ UT: Urban Thoroughfare
■ 1-1: Heavy Commercial/Light Industrial
® Owned Adjacent Property
Shown as hatch for context, not subject to rezoning.
TRACT 1A:
APART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND APART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87-06'06"E 933.35' AND S00°26'20"W 45.43' FROM THE NORTHWEST CORNER OF SAID NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°18'08"E 1351.93' TO A SET IRON PIN, THENCE S03o39'24"W 11.23' TO A FOUND NAIL, THENCE S88-09'04"E 258.81' TO A SET IRON PIN, THENCE
S43°38'06"E 56.32' TO A SET IRON PIN, THENCE S00°49'19"W 123.97' TO A SET IRON PIN, THENCE S02oO6'14"W 10.00' TO A SET IRON PIN, THENCE S87°53'46"E 10.19' TO A SET IRON PIN, THENCE S02°29'00'W 582.14' TO A SET
IRON PIN, THENCE N87ol0'46"W 1941.03' TO A FOUND IRON PIN, THENCE N01 °42'59"E 178.89' TO A POINT, THENCE N00°28'03"E 155.47' TO A FENCE CORNER POST, THENCE S87-58'47"E 298.96' TO A FENCE CORNER POST,
THENCE N00°26'20"E 420.62' BACK TO THE POINT OF BEGINNING. CONTAINING 31.02 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
LESS & EXCEPT
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT POINT WHICH IS S87-06'06"E 933.35', S00°26'20"W 345.60', AND S87-11'04"E 163.41' FROM THE NORTHWEST CORNER
OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87ol1'04"E 150.00', THENCE NO2-29'38"E 125.00', THENCE S87°11'04"E 330.01', THENCE S02-29'38"W 405.01', THENCE N87-11'04"W
203.54', THENCE N87°11'04"W 276.47', THENCE NO2o29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
IN ALL CONTAINING 26.99 ACRES MORE OR LESS.
TRACT 1B:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND A PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87-06'06"E 933.35', S00°26'20"W 345.60', AND S87-11'04"E 163.41' FROM THE
NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S87°11'04"E 150.00', THENCE NO2°29'38"E 125.00', THENCE S87ol1'04"E 330.01', THENCE S02o29'38"W 405.01',
THENCE N87°11'04"W 203.54', THENCE N87-11'04"W 276.47', THENCE NO2-29'38"E 280.00' BACK TO THE POINT OF BEGINNING. CONTAINING 4.03 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
TRACT 2:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS S87-06'06"E 636.41, AND S00°42'14"W 30.43' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING
THENCE S86°59'40"E 297.1l' TO A FOUND IRON PIN, THENCE S00°26'20"W 435.07' TO A FENCE CORNER POST, THENCE N87-5847"W 298.96' TO A FENCE CORNER POST, THENCE N00°42'14"E 440.13' BACK TO THE POINT OF
BEGINNING. CONTAINING 2.99 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IFANY.
CONTINUED ON FOLLOWING PAGE
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METES AND BOUNDS
REZONING PROPOSAL
12.15.21
METES AND BOUNDS OF:
1- Washington County Parcel No. 765-15830-001
2 - Washington County Parcel No. 765-15831-000
3 - Washington County Parcel No. 765-15830-003
4- Washington County Parcel No. 765-15832-000
'Refer to attached doc. for additional property information
■ CS: Community Services
■ NSG: Neighborhood Services- General
■ UT: Urban Thoroughfare
■ 1-1: Heavy Commercial/Light Industrial
® Owned Adjacent Property
Shown as hatch for context, not subject to rezoning.
TRACT 3A:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02o3l'O2"W 34.99' AND S02o3l'36"W 25.61' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE
S87°13'48"E 638.28' TO A FOUND IRON PIN, THENCE S00°42'14"W 295.06' TO A POINT, THENCE N87-17'52"W 647.66' TO A POINT, THENCE NO2°31'36"E 295.63' BACK TO THE POINT OF BEGINNING. CONTAINING 4.36 ACRES
MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
TRACT3B:
A PART OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02°31'02"W 34.99'AND S02°31'16"W 321.24' FROM THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE
S87°17'52"E 647.66' TO A POINT, THENCE S00°42'14"W 116.29' TO A POINT, THENCE S00°28'03"W 155AT TO A POINT, THENCE S01 °42'59"W 178.89' TO A FOUND IRON PIN, THENCE S03-40'04"W 161.92' TO A SET IRON PIN,
THENCE N87°00'12"W 656.27' TO A SET IRON PIN, THENCE NO2°31'36"E 608.97' BACK TO THE POINT OF BEGINNING. CONTAINING 9.19 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD,
IF ANY.
TRACT 4A:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING ATA POINT WHICH IS S02o3l'O2"W 34.99' FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE S02o3l'36"W 321.24' TO A
POINT, THENCE N87°17'52"W 756.24' TO A POINT, THENCE N14°33'54"W 331.82' TO A FOUND IRON PIN, THENCE S87°35'29"E 853.75' BACK TO THE POINT OF BEGINNING. CONTAINING 5.90 ACRES MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD, IF ANY.
TRACT4B:
A PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS, TO -WIT. BEGINNING ATA POINT WHICH IS S02°31'02"W 34.99' AND S02°31'36"W 321.24' FROM THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND RUNNING THENCE
S02°31'36"W 863.65' TO A POINT, THENCE N87°32'55"W 584.38' TO A POINT, THENCE N10-48'22"E 209.10' TO A FOUND IRON PIN, THENCE N07-56'28"W 284.34' TO A FOUND IRON PIN, THENCE N25-38'41"W 166.12' TO A FOUND
IRON PIN, THENCE N14°33'54"W 244.57' TO A POINT, THENCE S87°17'52"E 756.24' BACK TO THE POINT OF BEGINNING. CONTAINING 12.44 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF
RECORD, IF ANY.
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METES AND BOUNDS
REZONING PROPOSAL
12.15.21
R-A,
R-A
R-A
ZONING USES BY RIGHT - FOR REFERENCE
R.A —
NSG: Neighborhood Services or CS: Communi
USES: Mixed use with medium Intensity USES: Mixed Use centers
• (1) City-wide uses by right
• (8) Single Family Dwellings
• (9) Two-family dwelling
• (10) Three (3) and four (4) family dwellings
• (12b) General Business
• (24) Home occupations
• (40) Sidewalk cafes
• (41) Accessory dwellings
• (44) Cluster housing development
• (46) Short term rentals
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■ UT: Urban Thoroughfare
cs ■ 1-1: Heavy Commercial/Light Industrial
® Owned Adjacent Property
Shown as hatch for context, not subject to rezoning.
USES: Concentrated commercial and mixed use
• (1) City-wide uses by right
(1) City-wide uses by right
• (4) Cultural and recreational facilities
(4) Cultural and recreational facilities
• (5) Government Facilities
(5) Government facilities
• (8) Single Family dwellings
(8) Single Family Dwellings
• (9) Two-family dwellings
(9) Two-family dwelling
• (10) Three and four family dwellings
(10) Three (3) and four (4) family dwellings
• (13) Eating places
(13) Eating places
• (15) Neighborhood Shopping goods
(14) Hotel, motel and amusement services
• (16) Shopping goods
• (17) Transportation trades and services
• (18) Gasoline stations and drive-in/drive-thru
(18) Gasoline stations and drive-in/drive-thru
• (19) Commercial regreation, small sites
• (24) Home Occupations
(24) Home occupation
• (25) Offices, studios and related services
(25) Offices, studios and related services
• (26) Muti-family dwellings
(26) Multi -family dwellings
• (34) Liquor store
• (40) Sidewalk cafes
(40) Sidewalk cafes
• (41) Accessory dwellings
(41) Accessory dwellings
• (44) Cluster Housing Development
(44) Cluster Housing Development
• (45) small scale production
(45) Small scale production
• (46) short term rentals
(46) Short term rentals
USES: Commercial and light industrial use
• (1) City-wide uses by right
• (3) Public Protection and utility facilities
• (4) Cultural and recreational facilities
• (5) Government Facilities
• (6) Agriculture
• (13) Eating Places
• (16) Shopping goods
• (17) Transportation trades and services
• (18) Gasoline stations and drive-in/drive-thru
• (21) Warehousing and wholesale
• (22) Manufacturing
• (25) Offices, studios and related services
• (27) Wholesale bulk petroleum storage
facilities
• (42) Clean technologies
USES BY RIGHT COMPARISON �
REZONING PROPOSAL 7
12.15.21
RZN-2022-000006
One Mile View
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Neighborhood Link
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Fayetteville City Limits
r i Planning Area
BioTech Pharmacal
NORTH
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Fayetteville City Limits
Feet
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RZN-2022-000006
Current Land Use
Single -Family Residential
BioTech Pharmacal
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r ' Planning Area 0 220 440 880 1,320 1,760
Fayetteville City Limits :�'�oo
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i - Planning Area Non -Municipal Government
Fayetteville City Limits 0 220 440 880 1,320 1,760 Residential Neighborhood
— — Trail (Proposed) Rural Residential
_ Design Overlay District '7'�0o Urban Center
•
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P.!; eo). iwj'i. r , ='K'f? [VA, LC. P.P. ri; :? - 0'-4a?.1.'i+t.` - F "X: %,!J-695-1115 • `s;` a:' 1L 0G C+r'f
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6557
Was inserted in the Regular Edition on:
April 24, 2022
Publication Charges: $110.96
&aft S,7b
Brittany Smith
Subscribed and sworn to before me
This 2-T day of 01A , 2022. Cathy Wiles
Benton COUNTY
NOTARY PUBLIC—ARKANSAS
Notary Public My Commission Expires 02-20-2024
�// Commission No, 12397118
My Commission Expires: 1
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6557
File Number: 2022-0182
RZN-2022-006 (3493 N. HWY
1121BIOTECH PHARMACAL):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 22-006
LOCATED SOUTH OF WEST
HIGHWAY 112 FOR
APPROXIMATELY 65.90 ACRES
FROM R-A, RESIDENTIAL
AGRICULTURAL; RSF-8
RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE; AND 1-1, HEAVY
COMMERCIAL AND LIGHT
INDUSTRIAL TO NS G,
NEIGHBORHOOD SERVICES -
GENERAL; CS, COMMUNITY
SERVICES; UT, URBAN
THOROUGHFARE; AND I-1,HEAVY
COMMERCIAL AND LIGHT
!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; RSF-8,
Residential Single Family, 8 Units Per
Acre; and 1-1, Heavy Commercial and
Light Industrial to NS-G, Neighborhood
Services -General; CS, Community
Services; UT, Urban Thoroughfare; and
1-I, Heavy Commercial and Light
Industrial.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
PASSED and APPROVED on
Approved:
Lioneld Jordan, Mayor
Attest:
Kam Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $110.96.
75544929 Apr 24,2022