HomeMy WebLinkAboutOrdinance 6586%
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6586
File Number: 2022-0593
RZN 22-026 (2015 S. VALE AVE./TITAN VALE, LLC.):
Doc ID: 020668370003 Type. REL
Kind: ORDINANCE
Recorded: 07/29/2022 at 12:03:31 PM
Fee Amt: $25.00 Paqe 1 of 3
Washington County, AR
Kyle Svlvester Circuit Clerk
File2022_00025338
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-026 LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 FOR
APPROXIMATELY 3.50 ACRES FROM NS-G, NEIGHBORHOOD SERVICES -GENERAL TO
CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NS-G, Neighborhood Services -General
to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 7/19/2022
ioneld J
Attest:
Kara Paxton, City Clerk Treasurer
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AYE7TEVILLE: X
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Page 1 Printed on 7120122
RZN-2022-0026
2015 S VALE AVE
EXHIBIT'A'
RZN-2022-0026
Close Up View
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Subject Property
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CATO SPRINGS RD
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NORTH
Regional Link
Zoning Acres
Neighborhood Link
CS 3.50
Unclassified
Residential Link
Hillside -Hilltop Overlay District
Feet
- - Trail (Proposed)
" ry
0 45
90 180 270 360
Planning Area
■� 9
_ _� Fayetteville City Limits
1 :1, 589
Total 3.50
EXHIBIT'B'
RZN-2022-0026
SURVEY DESCRIPTION NEW TRACT 2:
A PART OF BLOCKS 5 AND 6 OF MEADOW VALE SUBDIVISION IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, FILED IN PLAT BOOK 5 AT
PAGE 79A OF THE WASHINGTON COUNTY RECORDS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF LOT 2 OF BLOCK 6 IN MEADOW VALE
SUBDIVISION, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156";
THENCE ALONG THE SOUTH LINES OF LOTS 2 THROUGH 11, INCLUSIVE, OF
SAID BLOCK 6, N87049'35"W A DISTANCE OF 586.73 FEET TO A SET IRON PIN
WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINES, NO3°13'34"E A
DISTANCE OF 19.45 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
ARKANSAS HIGHWAY 112 (SOUTH RAZORBACK ROAD); AND A FOUND IRON PIN
WITH CAP "PLS 1156", THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE,
N28046'06"E A DISTANCE OF 110.98 FEET TO A FOUND IRON PIN WITH CAP
"BATES 1642"; THENCE N28029'05"E A DISTANCE OF 33.73 FEET TO A SET IRON
PIN WITH CAP "PLS 1156", THENCE S87015'06"E A DISTANCE OF 25.36 FEET TO A
SET IRON PIN WITH CAP "PLS 1156", THENCE N02044'54"E A DISTANCE OF 49.25
FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N26003'28"E A
DISTANCE OF 118.57 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE
LEAVING SAID RIGHT OF WAY LINE, S87°49'35"E A DISTANCE OF 410.54 FEET TO
A FOUND 5/8 INCH PIPE ON THE EAST LINE OF LOT 1, OF SAID BLOCK 5, SAID
POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH VALE
AVENUE; THENCE ALONG THE EAST LINES OF SAID BLOCKS 5 AND 6 AND
ALONG SAID RIGHT OF WAY LINE, S02016'42"E A DISTANCE OF 17.35 FEET TO A
SET IRON PIN WITH CAP "PLS 1156"; THENCE S03036'39"E A DISTANCE 50.12
FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE S04044'58"E A
DISTANCE OF 50.20 FEET TO A SET IRON PIN WITH CAP "PLS 1156", THENCE
S03053'45"E A DISTANCE OF 40.11 FEET TO A SET IRON PIN WITH CAP "PLS
1156"; THENCE S05041'42"E A DISTANCE OF 75.43 FEET TO A SET IRON PIN
WITH CAP "PLS 1156"; THENCE S05041'42"E A DISTANCE OF 75.43 FEET TO THE
POINT OF BEGINNING, CONTAINING 3.50 ACRES, MORE OR LESS, AND
SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE
COVENANTS OF RECORD OR FACT.
Washington County, AR
I certify this instrument was filed on
07/29/2022 12:03:31 PM
and recorded in Real Estate
File Number 2022-00025338
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0593
Agenda Date: 7/19/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: D.2
RZN 22-026 (2015 S. VALE AVEJTITAN VALE, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-026 LOCATED AT 2015 SOUTH VALE AVENUE IN WARD 1 FOR APPROXIMATELY 3.50
ACRES FROM NS-G, NEIGHBORHOOD SERVICES -GENERAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NS-G, Neighborhood Services -General to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 712012022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0593
Legistar File ID
7/19/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/1/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0026: Rezone (2015 S. VALE AVE./TITAN VALE, LLC., 599): Submitted by WILL KELSTROM for properties
located at 2015 S. VALE AVE in WARD 1. The properties are zoned NS-G, NEIGHBORHOOD SERVICES -GENERAL and
contain approximately 3.50 acres. The request is to rezone the properties to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 19, 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: July 1, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0026: Rezone (2015 S. VALE AVE./TITAN VALE, LLC., 599):
Submitted by WILL KELSTROM for properties located at 2015 S. VALE AVE in
WARD 1. The properties are zoned NS-G, NEIGHBORHOOD SERVICES -
GENERAL and contain approximately 3.50 acres. The request is to rezone the
properties to CS, COMMUNITY SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject properties are in south Fayetteville and largely undeveloped apart from a 1,416
square foot single-family dwelling that was built in 1956. The site totals approximately 3.50 acres
and is zoned NS-G, Neighborhood Services -General. Previously a staff -initiated rezoning
associated with the implementation of the Fayette Junction Master Plan in 2011 (RZN 11-3892)
designated the property as CS, Community Services. Unbuilt street right-of-way running east/west
bisects the property roughly 325 feet north of W. Cato Springs Road, connecting S. Razorback
Road to S. Vale Avenue. Washington County records suggest the right-of-way was platted in 1924
with the Meadow Vale Subdivision as Hendon Street. Another 10-foot-wide leg of alley right-of-
way runs from the unbuilt Hendon Street right-of-way to the north property line. There is no
indication that either segment was ever improved or utilized by the public.
Several development applications have been sought on site recently. The properties were
rezoned to NS-G, their current designation, on February 1, 2022 (RZN-2021-000078). After the
subject property was rezoned to NS-G, a conditional use permit (CUP-2021-000054) was
approved by the Planning Commission on February 28, 2022, to allow Use Unit 26, Multi -family
Dwellings on the property. Approvals for requests to vacate right-of-way on the property include
a request to vacate the Hendon Street right-of-way which failed at a City Council meeting on April
20, 2021 (VAC-2021-000015); another request to vacate (VAC-2022-0010) the 10-foot-wide alley
right-of-way was forwarded from Planning Commission with a recommendation of approval at the
May 23, 2022 meeting. The alley right-of-way vacation is pending adjacent property owner
consent before being placed on a City Council agenda.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Request: The request is to rezone the property to CS, Community Services. The applicant says
their intent is to develop the site like other nearby residential properties. The request letter also
mentions that the purpose of the rezoning is due to a requirement which limits the applicant from
achieving the permitted density under the current NS-G zoning. The request letter continues to
say that the most recent rezoning request was to gain relief from a 10-foot front setback
associated CS zoning.
Public Comment: Staff received one phone call inquiry regarding the proposal. The neighbor
expressed concerns about light trespass associated with parking along the subject property's
south property line and the location of the dumpster. These concerns were of particular relevance
because a conditional use permit approved for the site applied specific conditions for parking lot
screening and dumpster location.
Land Use Compatibility: Staff finds the proposed zoning to be compatible with the existing nearby
land uses. The CS zoning district is intended to provide for adaptable mixed -use centers located
along commercial corridors that connect denser development nodes. The district encourages a
mixture of commercial and residential uses to be developed in a traditional urban form with
buildings addressing the street. The subject property is situated among a variety of residential
categories including single-, two- and multi -family dwellings. Across S. Vale Avenue to the east
is Standard Materials Group, Inc., a cement and concrete manufacturing plant. The subject
property has access to essential City services like sewer and water and is within '/2 mile of
amenities such as an off-street paved trail, Razorback bus stop, and Greathouse Park. Further,
the property has frontage onto S. Razorback Road, a Regional Link Street and state highway. It
is roughly halfway between Razorback's intersection with I-49 to the south and W. 15th Street to
the north. Given the ready access to a diverse transportation network and a multitude of services
and amenities staff finds the proposed rezoning represents the highest and best use of the
property.
Setbacks in the NS-G zoning district are a 0-25 foot build -to zone located at the front of the
property, five feet on the sides and zero feet on the rear for the subject property. In the requested
CS zoning district setbacks are a build -to zone located between 10 and 25 feet from the front
property line and zero feet on the rear and sides. Both districts carry an expectation that buildings
will address the street and encourage non-residential uses to be located at street intersections
and along major corridors. NS-G is more constraining in terms of the permitted density and bulk
and area regulations. Residential uses have a 35-foot lot with minimum and zero feet for
nonresidential uses. Lot area for single- and two-family dwellings is required at 4,000 square feet
and 3,000 square feet per dwelling unit, respectively; commercial uses have no lot area minimum.
CS has a lot width minimum of 18 feet for dwellings and zero for other uses. There is no associated
lot width minimum for any use in CS properties. NS-G limits density to 18 units per acre or fewer
where CS does not have an associated density cap.
In terms of the uses that would be allowed, NS-G is intended for neighborhood -scale commercial
development where CS is designed to provide higher intensity convenience goods along corridors
connecting dense development nodes. Among the permitted uses in NS-G zoning are Use Unit
12, General Business, Use Unit 24, Home Occupations, and Use Unit 40, Sidewalk Cafes; Use
Unit 4, Cultural and Recreational Facilities, Use Unit 16, Shopping Goods, and Use Unit 19,
Commercial Recreation, Small Sites are allowed by conditional use permit. CS, on the other hand
allows Use Unit 15, Neighborhood Shopping Goods, Use Unit 25, Offices, Studios and related
Services, and Use Unit 45, Small Scale Production by -right; similar to NS-G, Use Units 16 and 19
are allowed by conditional use permit but also uses such as Use Unit 14, Hotel, Motel and
Amusement Facilities, Use Unit 17, Transportation, Trades and Services, Use Unit 34, Liquor
Stores would be allowed by conditional use. A significant difference between the by -right and
conditional uses in both NS-G and CS is a limitation on the size of structures that certain uses,
like retail and professional offices, are allowed to occupy.
Land Use Plan Analysis: The proposed zoning is consistent with the Future Land Use Map
designation of this property as a City Neighborhood Area. A mixture of residential and commercial
uses is typical and preferred in City Neighborhood Areas. CS zoning allows development at a
scale and intensity that is appropriate, especially when considering that the property is outside
the Hillside -Hilltop Overlay district, there are no protected streams on site, and no floodplain
present. Leveraging existing infrastructure along a corridor that can handle traffic emanating from
a dense development pattern makes the location preferred for an appropriately scaled upzoning.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 8 attributes for this site
that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #9, 2250 S. School Ave.)
• Near Sewer Main (6-inch main S. Vale Ave., 8-inch main SE of property)
• Near Water Main (6-inch main S. Vale Ave.)
• Near City Park (Greathouse Park)
• Near Paved Trail (Town Branch Trail)
• Near Razorback Bus Stop (Route 48)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
DISCUSSION:
At the June 27, 2022, Planning Commission meeting, a vote of 9-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Brink made the motion and
Commissioner Madden seconded. Commissioner Madden asked if the purpose of the request
was to accommodate the same site concept that was shared during the review of the conditional
use permit. The applicant confirmed. Commissioner Brink noted that the original zoning may have
been the most appropriate after all. No public comment was heard at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0026 2015 S VALE AVE EXHIBIT 'A'
Close Up View I RZN-2022-0026
RSF-4
RSF-8
H //
Regional Link
Neighborhood Link
Unclassified
Residential Link
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
r _ Planning Area
_ Fayetteville City Limits
W
Q
W
0
W
ni
CS
TON ST
Subject Property
NS-G
CATO SPRINGS RD
Feet
0 45 90 180
1:1,589
270 360
A&
NORTH
Zoning Acres
CS 3.50
Total 3.50
EXHIBIT 'B'
RZN-2022-0026
SURVEY DESCRIPTION NEW TRACT 2:
A PART OF BLOCKS 5 AND 6 OF MEADOW VALE SUBDIVISION IN THE CITY OF
FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, FILED IN PLAT BOOK 5 AT
PAGE 79A OF THE WASHINGTON COUNTY RECORDS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SE CORNER OF LOT 2 OF BLOCK 6 IN MEADOW VALE
SUBDIVISION, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156";
THENCE ALONG THE SOUTH LINES OF LOTS 2 THROUGH 11, INCLUSIVE, OF
SAID BLOCK 6, N87049'35"W A DISTANCE OF 586.73 FEET TO A SET IRON PIN
WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINES, NO3°13'34"E A
DISTANCE OF 19.45 FEET TO THE EASTERLY RIGHT OF WAY LINE OF
ARKANSAS HIGHWAY 112 (SOUTH RAZORBACK ROAD); AND A FOUND IRON PIN
WITH CAP "PLS 1156"; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE,
N28046'06"E A DISTANCE OF 110.98 FEET TO A FOUND IRON PIN WITH CAP
"BATES 1642"; THENCE N28029'05"E A DISTANCE OF 33.73 FEET TO A SET IRON
PIN WITH CAP "PLS 1156"; THENCE S87015'06"E A DISTANCE OF 25.36 FEET TO A
SET IRON PIN WITH CAP "PLS 1156"; THENCE NO2°44'54"E A DISTANCE OF 49.25
FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE N26°03'28"E A
DISTANCE OF 118.57 FEET TO A SET IRON PIN WITH CAP "PLS 1156"; THENCE
LEAVING SAID RIGHT OF WAY LINE, S87049'35"E A DISTANCE OF 410.54 FEET TO
A FOUND 5/8 INCH PIPE ON THE EAST LINE OF LOT 1, OF SAID BLOCK 5, SAID
POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF SOUTH VALE
AVENUE; THENCE ALONG THE EAST LINES OF SAID BLOCKS 5 AND 6 AND
ALONG SAID RIGHT OF WAY LINE, S02016'42"E A DISTANCE OF 17.35 FEET TO A
SET IRON PIN WITH CAP "PLS 1156"; THENCE S03°36'39"E A DISTANCE 50.12
FEET TO A SET IRON PIN WITH CAP "PLS 1156", THENCE S04044'58"E A
DISTANCE OF 50.20 FEET TO A SET IRON PIN WITH CAP "PLS 1156", THENCE
S03053'45"E A DISTANCE OF 40.11 FEET TO A SET IRON PIN WITH CAP "PLS
1156"; THENCE S05041'42"E A DISTANCE OF 75.43 FEET TO A SET IRON PIN
WITH CAP "PLS 1156"; THENCE S05°41'42"E A DISTANCE OF 75.43 FEET TO THE
POINT OF BEGINNING, CONTAINING 3.50 ACRES, MORE OR LESS, AND
SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS AND RESTRICTIVE
COVENANTS OF RECORD OR FACT.
CITY OF
_' FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: June 27, 2022
SUBJECT: RZN-2022-0026: Rezone (2015 S. VALE AVE./TITAN VALE, LLC., 599):
Submitted by WILL KELSTROM for properties located at 2015 S. VALE
AVE. The properties are zoned NS-G, NEIGHBORHOOD SERVICES -
GENERAL and contain approximately 3.50 acres. The request is to rezone
the properties to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0026 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2022-0026 to City Council with a recommendation of approval."
BACKGROUND:
The subject properties are approximately 3.50 acres, located in south Fayetteville, and zoned NS-
G, Neighborhood Services -General. The site is developed with a 1,416 square foot single-family
dwelling that was built in 1956. The properties received their current zoning designation on
February 1, 2022 (RZN-2021-000078). At that time staff recommended denial of a request to
rezone the property from CS to NS-G. Previously a staff -initiated rezoning associated with the
implementation of the Fayette Junction Master Plan in 2011 (RZN 11-3892) designated the
property as RMF-24, Residential Multi -family, 24 Units per Acre and CS, Community Services.
Unbuilt right-of-way is present on the subject property north of W. Cato Springs Road, connecting
S. Razorback Road to S. Vale Avenue. Washington County records suggest the right-of-way was
platted in 1924 with the Meadow Vale Subdivision as Hendon Street. There is no indication that
it was ever improved or utilized by the public. A request to vacate the right-of-way failed at a City
Council meeting on April 20, 2021 (VAC-2021-000015). Surrounding land use and zoning is
depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
RMF-24, Residential Multi -family, 24 Units per Acre
South
Single-family Residential
CS, Community Services
East
Industrial
1-1, Heavy Commercial and Light Industrial
West
Multi -family Residential
RMF-24, Residential Multi -family, 24 Units per Acre
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayettev i I I e -a r.g av
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 1 of 17
Request: The request is to rezone the property to CS, Community Services. The applicant says
their intent is to develop the site like other nearby residential properties. The request letter also
mentions that the purpose of the rezoning is due to a requirement which limits the applicant from
achieving the permitted density under the current NS-G zoning. They continue to say that the
most recent rezoning request was to gain relief from a 10-foot front setback associated CS zoning.
Public Comment: Staff has not received any public comment on the item.
INFRASTRUCTURE:
Streets: The subject area has frontage on S. Vale Avenue, a partially improved Residential
Link street with asphalt paving and open ditches. The subject property also has
frontage along S. Razorback Road, a fully improved Regional Link Street with
asphalt paving, sidewalk, curb and gutter. Any street improvements required in
these areas would be determined at the time of development proposal.
Water: Public water is available to a portion of the subject area. An existing 6-inch water
main is present in the center of S. Vale Avenue which serves parcel number 765-
08408-000. No water is available the parcel number 765-08409-001
Sewer: Sanitary sewer is available to the subject area. Existing 6-inch sanitary sewer
mains are present in the center of S. Vale Avenue and along the southwest side
of the subject property. Another 8-inch sanitary sewer main is present along the
southeast side of the subject property.
Drainage: No part of the parcel lies within the Hillside Hilltop Overlay District (HHOD), a
FEMA designated floodplain, or in a Streamside Protection Zone. Hydric soils are
present on the property and are a known indicator of wetlands. However, for an
area to be classified as wetlands, it may also need other characteristics such as
hydrophytes (plants that grow in water), and shallow water during parts of the year.
Hydric Soils can be found across many areas of Fayetteville, including valleys,
floodplains, and open prairies. It's important to identify these natural resources
during development, so when these soils are identified on a property, further
environmental studies will be required at the time of development. Before permits
will be issued for the property a statement/report from an environmental
professional must be provided summarizing the existence of wetlands on the
property. If this statement/report indicates that wetlands may be present on site,
a USACE Determination of Jurisdictional Wetlands will be required at the time of
development submittal. Any additional improvements or requirements for drainage
will be determined at time of development.
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 9, located at 2250 S. School Avenue, protects this site. The property is
located approximately 1 mile from the fire station with an anticipated drive time of
approximately two minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Response times meet the goal of 6 minutes
for an engine and the 8-minute response time goal for a ladder truck.
Police: The Police Department did not express any concerns with this request.
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 2 of 17
Tree Preservation:
The proposed zoning district, CS, Community Services, requires 20% minimum
canopy preservation. The current zoning district, NS-G, Neighborhood Services -
General, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone primarily as a City Neighborhood Area. The property is
also within the Fayette Junction Master Plan area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
The Fayette Junction Master Plan is the City's second complete neighborhood plan, adopted in
the Spring of 2009, as a part of City Plan 2025. The plan aims to create an integrated natural and
built environment, create a clean -tech cluster, and establish a multi -modal transportation network
centered around a transit hub.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 8 for
this site, with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #9, 2250 S. School Ave.)
• Near Sewer Main (6-inch main S. Vale Ave., 8-inch main SE of property)
• Near Water Main (6-inch main S. Vale Ave.)
• Near City Park (Greathouse Park)
• Near Paved Trail (Town Branch Trail)
• Near Razorback Bus Stop (Route 48)
• Appropriate Future Land Use (City Neighborhood)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
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 proposed zoning to be compatible
with the existing nearby land uses. The CS zoning district is intended to
provide for adaptable mixed -use centers located along commercial corridors
that connect denser development nodes. The district encourages a mixture
of commercial and residential uses to be developed in a traditional urban
form with buildings addressing the street. The subject property is situated
among a variety of residential categories including single-, two- and multi-
family dwellings. Across S. Vale Avenue to the east is Standard Materials
Group, Inc., a cement and concrete manufacturing plant. The subject
property has access to essential City services like sewer and water and is
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 3 of 17
within 1/2 mile of amenities such as an off-street paved trail, Razorback bus
stop, Greathouse Park. Further, the property has frontage onto S. Razorback
Road, a Regional Link Street and state highway. It is roughly halfway
between Razorback's intersection with 1-49 to the south and W. 151" Street to
the north. Given the ready access to a diverse transportation network and a
multitude of services and amenities staff finds the proposed rezoning
represents the highest and best use of the property.
Setbacks in the NS-G zoning district are a 0-25 foot build -to zone located at
the front of the property, five feet on the sides and zero feet on the rear for
the subject property. In the requesting CS zoning district setbacks are a
build -to zone located between 10 and 25 feet from the front property line and
zero feet on the rear and sides. Both districts carry an expectation that
buildings will address the street and encourage non-residential uses to be
located at street intersections and along major corridors. NS-G is more
constraining in terms of the permitted density and bulk and area regulations.
Residential uses have a 35-foot lot with minimum and zero feet for
nonresidential uses. Lot area for single- and two-family dwellings is required
at 4,000 square feet and 3,000 square feet per dwelling unit, respectively;
commercial uses have no lot area minimum. CS has a lot width minimum of
18 feet for dwellings and zero for other uses. There is no associated lot width
minimum for any use in CS properties. NS-G limits density to 18 units per
acre or fewer where CS does not have an associated density cap.
In terms of the uses that would be allowed, NS-G is intended for
neighborhood -scale commercial development where CS is designed to
provide higher intensity convenience goods along corridors connecting
dense development nodes. Among the permitted uses in NS-G zoning are
Use Unit 12, General Business, Use Unit 24, Home Occupations, and Use
Unit 40, Sidewalk Cafes; Use Unit 4, Cultural and Recreational Facilities, Use
Unit 16, Shopping Goods, and Use Unit 19, Commercial Recreation, Small
Sites are allowed by conditional use permit. CS, on the other hand allows
Use Unit 15, Neighborhood Shopping Goods, Use Unit 25, Offices, Studios
and related Services, and Use Unit 45, Small Scale Production by -right;
similar to NS-G, Use Units 16 and 19 are allowed by conditional use permit
but also uses such as Use Unit 14, Hotel, Motel and Amusement Facilities,
Use Unit 17, Transportation, Trades and Services, Use Unit 34, Liquor Stores
would be allowed by conditional use. A significant difference between the
by -right and conditional uses in both NS-G and CS is a limitation on the size
of structures that certain uses, like retail and professional offices, are
allowed to occupy.
Land Use Plan Analysis: The proposed zoning is consistent with the Future
Land Use Map designation of this property as a City Neighborhood Area. A
mixture of residential and commercial uses is typical and preferred in City
Neighborhood Areas. CS zoning allows development at a scale and intensity
that is appropriate, especially when considering that the property is outside
the Hillside -Hilltop Overlay district, there are no protected streams on site,
and no floodplain present. Leveraging existing infrastructure along a
corridor that can handle traffic emanating from a dense development pattern
makes the location preferred for an appropriately scaled upzoning.
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 4 of 17
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds there is sufficient justification for rezoning the property to CS.
Nearby access to S. Razorback Road with easy access to 1-49 and several
parks suggests that the permitted increase to density and commercial uses
is appropriate and warranted. This finding is reinforced by staff's opinion on
a previous rezoning request (RZN-2021-000078) where rezoning from CS to
NS-G was recommended to be denied.
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 increase traffic
generated from the property. However, the property has frontage onto S.
Razorback Road, a Regional Link Street and state highway. The property
also has frontage onto S. Vale Avenue, a Residential Link Street. The
property's location between multiple streets and undeveloped right-of-way
suggests trips to and from this property will be dispersed, thereby limiting
congestion. A planned trail connection is present along S. Razorback Road
which would connect with the Town Branch Trail which runs east/west,
roughly 1/4 mile to the north. Given the property's proximity to the trail
network and prominent thoroughfares, staff finds traffic danger and
congestion is unlikely to be markedly increased by rezoning the property.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning has an associated potential to increase population density and
expand the types of non-residential uses that would be permitted. Therefore,
an increase to the load on public services is expected. The property has
direct access to essential city services like city water and sewer, multiple
street frontages, and fire response. Accordingly, staff finds the site will be
able to handle an increased load on public services resulting from future
development. Neither police or the Fayetteville Public Schools offered
comment in response to the requested rezoning.
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:
Finding: N/A
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.
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 5 of 17
RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0026 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: June 27, 2022
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
O Tabled O Forwarded O Denied
Attachments:
• Unified Development Code:
o §161.19 — Neighborhood Services -General
o §161.22 —Community Services
• Request letter
• Fayette Junction Illustrated Master Plan
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 6 of 17
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
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 7 of 17
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
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 8 of 17
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping oods
Unit 18
Gasoline service stations and drive-in/drive through
restaurants
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities"
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 9 of 17
(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
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 10 of 17
WILLIAM P. WATKINS, IH, P.A.
RONALD L. BOYER, P.A.
JENNIFER E. GRAY, P.A.*
ANDREW T. CURRY, P.A.
WILLIAM A. KELLSTROM
JOHN E. JENNINGS (OF COUNSEL)
* ALSO LICENSED IN MISSOURI
City of Fayetteville
Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
WATKINS, BOYER,
GRAY & CURRY, PLLC
ATTORNEYS AT LAW
WRITER'S DIRECT E-MAIL
wkellstrom@watkinslawoffice.com
May 18, 2022
DELYNN HALE, SECRETARY
Amy BENSON, PARALEGAL
WHITNEY DUCKER, OFFICE MANAGER
RE: Rezoning Parcel Nos. 785-08408-000 & 765-08409-001 from NS-G—
Neighborhood Services, General, to CS —Community Services
Dear Planning Staff:
My name is Will Kellstrom and I represent the applicant, Titan Vale, LLC, with respect to
this rezoning request. The applicant is requesting that the property, Parcel Nos. 785-08408-000
and 765-08409-001 (hereinafter "the Property'), be rezoned from CS, Community Services, to
NS-G, Neighborhood Services —General.
The proposed rezoning will not unreasonably adversely conflict or affect the surrounding
land uses. Currently, the property is bordered by RMF-24 and CS, Community Services. RMF-24
is a moderate to high density residential zoning and CS is a moderate to high density form -based
mixed use zoning with no residential density cap. Per the Fayetteville UDC, CS is "intended to
provide for adaptable mixed use centers located along commercial corridors that connect denser
development nodes." Because the Property is surrounded by zones which allow either for high
density or mixed use development, this rezoning is compatible with the adjacent zones.
Moreover, the property is also located on Razorback Road, near its junction with Interstate 49,
which makes it a good location for higher intensity development.
As for surrounding uses, the property is adjacent to apartments and townhomes to the
North, duplexes to the West, and industrial uses to the East. The developer plans to develop the
property in the same pattern as other recent developments in the Razorback/ I 5th St./Baum
Stadium area. Accordingly, the mixed use development allowed under CS would be compatible
with all surrounding uses.
1106 WEST POPLAR STREET
ROGERS, AR 72756
PH: 479-636-2168
FX: 479-636-6098
W W W. WATKrNSLAWOFFICE.COM
REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING
CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY
:
CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, �.gl�InlO OMfT1155 On
ESTATE PLANNING, ELDER LAW, PROBATE, TRUSTJ.11 r1'r�G TI2b22
CIVIL LITIGATION, COMMERCIAL RC CONSUMER DEB'G �'OLL.ECTION21
RZN-2022-0026(TiitaeenfflaVaalle, LT1LC)
Page 11 of 17
Titan Vale, LLC Rezone
Page 2
Lastly, the Property was previously zoned CS pursuant to the Fayette Junction
Neighborhood Plan. The Applicant previously rezoned the property to NS-G due to a preference
for the option to develop with 0' build -to lines, which is allowed under NS-G. Due to the density
constraints under NS-G, the applicant is now requesting that the Property be rezoned back to CS.
Thank you for considering this request for rezoning. If you have any questions, please
contact me at 479-636-2168 or at wkellstrom(&,,watkinslawoffice.com.
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
lsl Will A. Kellstrom
Will A. Kellstrom
WK:
PC:
Planning Commission
June 27, 2022
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 12 of 17
Page 13of1r
RZN-2022-0026
One Mile View
2015 S VALE AVE
0 0.13 0.25 0.5 Miles
N
1
Subject Property
ORTH
� NS-G
4RI-12 mop
I
,NC •
1
r ,
V
I ray `•� ♦ — _
O
♦ I
\
RD
Regional Link
- - -
Zoning I-2 General lnauatriel
RESIDENTIALSINGLE-FAMILY EXTRACTION
Neighborhood Link
_ _ _ _ _ _
NS-G CO E-1
Regional Link - High Activity
AL
It�R1-12 CO McMsERCe�
Freeway/Expressway
Na-G1
�Res1tleMlal-�rialW21 �O-2
Unclassified
_
I-
RSF
RSF-1 FORM BASED DISTRICTS
Alley
_ _
RSF-2 Gown—n Core
Residential Link
RSF1 Uman Th—ughrare
RSF-] Mein Sireat Center
Planned Neighborhood Link
RSF-a Go r—n General
I
v
. . Shared -Use Paved Trail
IDEN . IN h:l,,l
RESIDENTIAL MULTI -FAMILY � ryeighhorhooa semlces
i
— —Trail (Proposed)
Q
RMF-a NeighborM1... Conservation
_
RMF-12 PLANNED ZONING DISTRICTS
Design Overlay District
I - i I
RMF-18 Commercial, Intluslnal, Resltlentlal
` Fayetteville City Limits
I i Planning Area I--- �I- -- �
RMF-20
INSTITUTIONAL
r Planning Area
=
I
�
RMF-a0
INDUSTRIAL p R 1
� Fayetteville City U.its _ _ _
1-1 Heavy—enislanaLight Inau tRianning Commissi r
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 14 of 17
RZN-2022-0026
Close Up View
RSF-4
RSF-8
H //
Regional Link
Neighborhood Link
Unclassified
Residential Link
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
r _ Planning Area
_ Fayetteville City Limits
W
Q
W
0
W
ni
2015 S VALE AVE
CS
TON ST
Subject Property
NS-G
CATO SPRINGS RD
Feet
0 45 90 180
1:1,589
270 360
1_'J&
NORTH
Zoning Acres
Total 0.0
Planning Comm
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 15 of 17
RZN-2022-0026 2015 S VALE AVE
Current Land Use NORTH
Zone AE Zone
AE 18TH,ST
' 4 i r N
f\
R.,
t,
MUlti-Family Residential
_
y
^
t
2.
a
Subject Property
—
ARROWHEAD ST ;
e
Multi -Family Residential-
��
Industrial
;
cDii HO
b
Single -Family Residential/Commercial 3S RD
R ,t
i
Zene AE
Regional Link FEMA Flood Hazard Data
Neighborhood Link
Unclassified 100-Year Floodplain
Residential Link Feet Floodway
— — — Trail (Proposed)
Planning Area 0 112.5 225 450 675 900
r _ ; Fayetteville City Limits ;3,600
I Design Overlay District
---- Planning Commissi in
2
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 16 of 17
RZN-2022-0026 2015 S VALE AVE A&
Future Land Use NORTH
CASCADE DR o '
O
O
�. •
Civic and '• •'
Qy�G Private
Open Space-
18TH-ST -
t. — . - ■ � � � NErNFRLAND
_ SUNCHASE CT
Residential �• C
Neighborhood
SLIGO ST PET-"GREW"ST
U
Subject Property i
m
✓UN N-ST ■
ARROWHEAD-ST
D
i — -W y m
J co �� I Urban Celiter
CUS' O
\ nZ O�
CATO SPRINGS RD
I'
City
\ Neighborhood
Natural
i
\ Non -Municipal
Government '
\ ------
Regional Link City Neighborhood
Neighborhood Link Civic Institutional
Unclassified Civic and Private Open Space
Residential Link Industrial
r Planning Area Feet Natural
Non -Municipal Government
- Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood
- - - Trail (Proposed) Rural Residential
, Design Overlay District 1'4'$�� Urban Center
Planning Commissi n
Agenda Item 21
RZN-2022-0026(Titan Vale, LLC)
Page 17 of 17
.� /F94112
�.
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 6586
Was inserted in the Regular Edition on:
July 24, 2022
Publication Charges: $83.60
Brittany Smith
Subscribed and sworn to before me
This? -'I day of� , 2022.
oa—'u, ' 1
Notary Public (/(J
My Commission Expires: q201Z1
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC -ARKANSAS
My Commission Expires 02-20-2024
Cmmn;ission �1'a. 12397118
Ordinance: 6586
File Number. 2022-0593
RZN 22-026 (2015 S. VALE
AVE./TITAN VALE, LLC,):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 22-026
LOCATED AT 2015 SOUTH VALE
AVENUE IN WARD I FOR
APPROXIMATELY 3.50 ACRES
FROM NS-G, NEIGHBORHOOD
SERVICES -GENERAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section I: 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 NS-
G, Neighborhood Services -General to
CS, Community Services.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
PASSED and APPROVED on
7/19/2022
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $ 83.60
75580156 July 24, 2022