HomeMy WebLinkAboutOrdinance 6605113 West Mountain Street
FayeaeAle. AR 72701
(479) 575-8323
Ordinance: 6605
File Number: 2022-0794
Doc 10: 020788540004 Type: REL
Kind: ORDINANCE
Recorded: 0/at 02:33:38 Prl
Fee Ant: $30.030.00 Page Pape 1 of a
Mashlnpton County. AR
Kyle 3Ylvester C1 rcu1T Clerk
File2022-00032313
RZN 22-033 (SE OF S. SMOKEHOUSE TRAIL & W. MARTIN LUTHER KING JR.
BLVD./MCNEAL FAMILY INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-033 LOCATED SOUTHEAST OF SOUTH SMOKEHOUSE TRAIL AND WEST
MARTIN LUTHER KING, JR. BOULEVARD IN WARD I FOR APPROXIMATELY 2.09
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE
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 R-A, Residential Agricultural to UT,
Urban Thoroughfare.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/20/2022
P.,1 Pore on 9A!2z3
Ordinance: 6605
File Number. 2022-0794
Approved:
Attest: ,V>0111111111111 ''`r
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FAY F17EV!t. L I;
Kara Paxton, City Clerk Treasurer :� '. I"?
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Page 2 Printed on 9122122
RZN-2022-0033 S. SMOKEHOUSE TRL. & W. M LK RZN-2022-0033
Close Up View JR. BLVD. EXHIBIT'A'
Subject Property
Proposed
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Zoning Acres
Regional Link
RegionaILink -High Activity UT 2.1
— Residential Link
. ; Hillside -Hilltop Overlay District Feet
— — Trail (Proposed)
Planning Area 0 75 150 300 450 600
_ ! Fayetteville City Limits 1 .2,400 Total 2.1
RZN-2022-0033
EXHIBITS'
REZONE DESCRIPTION:
(TRACT 1 OF A LOT SPLIT PLAT FILED AS WASHINGTON COUNTY DOCUMENT #2022-00002899)
A PART OF THE EAST HALF (E 1/2) OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) AND
ALSO BEING A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) ALL
IN SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS AND SAID
PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STONE, SAID STONE ACCEPTED AND USED AS THE SOUTHEAST CORNER OF
THE NW 1/4 OF SAID SE 1/4;
THENCE NORTH 87 DEGREES 36 MINUTES 43 SECONDS WEST A DISTANCE OF 96.02;
THENCE NORTH 01 DEGREES 55 MINUTES 33 SECONDS EAST A DISTANCE OF 380.30 FEET
TO THE POINT OF BEGINNING (P.O.B.) AND A FOUND 1/2-INCH DIAMETER IRON PIN;
THENCE NORTH 88 DEGREES 04 MINUTES 27 SECONDS WEST A DISTANCE OF 284.67 FEET
TO A FOUND 1/2-INCH IRON PIN;
THENCE NORTH 02 DEGREES 34 MINUTES 11 SECONDS EAST A DISTANCE OF 271.80 FEET;
THENCE NORTH 76 DEGREES 10 MINUTES 21 SECONDS EAST A DISTANCE OF 2.92 FEET;
THENCE NORTH 13 DEGREES 49 MINUTES 39 SECONDS WEST A DISTANCE OF 10.00 FEET
TO A FOUND CHISELED "X" IN A CROSSWALK SIGNAL POLE BASE;
THENCE NORTH 76 DEGREES 10 MINUTES 21 SECONDS EAST A DISTANCE OF 292.50 FEET
TO A FOUND 1/2-INCH DIAMETER IRON PIN;
THENCE SOUTH 01 DEGREES 55 MINUTES 33 SECONDS WEST A DISTANCE OF 361.61 FEET
TO THE POINT OF BEGINNING (P.O.B.), CONTAINING 91,046 SQUARE FEET OR 2.09 ACRES.
AND BEING SUBJECTTO THE RIGHT OF WAY OF SOUTH SMOKEHOUSE TRAILALONG THE WEST BOUNDARY
THEREOF AND BEING SUBJECT TO THE SOUTHERLY RIGHT OF WAY LINE OF WEST MARTIN LUTHER KING
BOULEVARD (ARKANSAS STATE HIGHWAY 62) ON THE NORTH BOUNDARY THEREOF. AND ALSO BEING
SUBJECT ANY EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD.
Washington County, AR
I certify this instrument was filed on
09/30/2022 02:33:38 PM
and recorded in Real Estate
File Number 2022-00032313
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0794
Agenda Date: 9/20/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
RZN 22-033 (SE OF S. SMOKEHOUSE TRAIL & W. MARTIN LUTHER KING JR.
BLVD./MCNEAL FAMILY INVESTMENTS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-033 LOCATED SOUTHEAST OF SOUTH SMOKEHOUSE TRAIL AND WEST MARTIN LUTHER
KING, JR. BOULEVARD IN WARD 1 FOR APPROXIMATELY 2.09 ACRES FROM R-A,
RESIDENTIAL AGRICULTURAL TO UT, URBAN THOROUGHFARE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to UT, Urban Thoroughfare.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 912212022
City of Fayetteville Staff Review Form
2022-0794
Legistar File ID
9/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/2/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0033: Rezone (SE OF S. SMOKEHOUSE TRL. & W. MARTIN LUTHER KING JR. BLVD./MCNEAL FAMILY
INVESTMENTS, S9S): Submitted by MCNEAL FAMILY INVESTMENTS for property located SE OF S. SMOKEHOUSE TRL.
AND W. MARTIN LUTHER KING JR. BLVD. in WARD 1. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approximately 2.09 acres. The request is to rezone the property to UT, URBAN THOROUGHFARE.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF SEPTEMBER 20, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: September 2, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0033: Rezone (SE OF S. SMOKEHOUSE TRL. & W. MARTIN
LUTHER KING JR. BLVD./MCNEAL FAMILY INVESTMENTS, 595): Submitted
by MCNEAL FAMILY INVESTMENTS for property located SE OF S.
SMOKEHOUSE TRL. AND W. MARTIN LUTHER KING JR. BLVD. in WARD 1.
The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 2.09 acres. The request is to rezone the property to UT, URBAN
THOROUGHFARE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits 'A' and `B'.
BACKGROUND:
The subject property is in west Fayetteville southeast of the intersection of West Martin Luther
King Jr. Boulevard and South Smokehouse Trail. The property contains one parcel totaling 2.09
acres and is currently undeveloped. Tree canopy covers much of the property and a 6% grade is
present, sloping down from the southern property line to the north, however, the property does
not lie within the Hillside -Hilltop Overlay District.
Request: The request is to rezone the property from R-A, Residential -Agricultural to UT, Urban
Thoroughfare.
Public Comment: Staff received public comment in favor of the requested rezoning. Comments
primarily focused on concerns about the quality of development at this intersection which has the
potential to serve as a gateway to Mount Kessler.
Land Use Compatibility: While the surrounding area is largely undeveloped and heavily wooded,
staff finds the proposed rezoning to be generally compatible with land use and development
trends along the MLK corridor. The proposed zoning of UT, Urban Thoroughfare would allow for
form -based development of a suitable intensity along a major thoroughfare, and it would
complement the underlying zoning and development potential of adjacent properties. The current
zoning of R-A, Residential -Agricultural only allows low -density rural and residential uses by right,
including one- to two-family dwellings and animal boarding and training. Conditional uses in the
R-A zoning district include outdoor music establishments and large -site commercial recreational
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and cultural facilities. The proposed zoning would allow a greater variety of residential and
nonresidential uses by right, including, but not limited to, multi -family dwellings, retail, professional
offices, and gasoline service stations. The current zoning of R-A permits a residential density of
one-half unit per acre with traditional setbacks in the amount of 35 feet along front and rear
property lines and 20 feet along side property lines. The proposed zoning of UT would have no
residential density limitation and would require urban form setbacks with a build -to zone located
between 10 feet and 25 feet from front property lines.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City's land use
plans and policies. The Urban Thoroughfare zoning district is intended to provide goods and
services to surrounding residential communities and encourage a concentration of commercial
and mixed use development along major thoroughfares. The subject property is located along a
major thoroughfare and within a Tier 2 Center, as indicated by the City Plan 2040 Growth Concept
Map. Tier 2 Centers are intended to be provide services and employment to residents within two
to three miles and are characterized by a mix of commercial and residential uses. Further, the
City Plan 2040 Future Land Use Map designates the property within the proposed rezoning as
City Neighborhood Area, a designation that supports the widest spectrum of uses and encourages
residential density. Given the subject property's location and future land use designations, staff
finds the request to rezone to Urban Thoroughfare to be appropriate. South Smokehouse Trail,
which directly abuts the property to the west, was recently designated as a Residential Link —
Trailhead Parking street to accommodate future parking for the Fayetteville Traverse trailhead. A
rezoning to UT may help facilitate the creation of trailhead parking in the area or provide services
that are beneficial to those using the trails.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
5 and 6 for this site. The following elements of the matrix contribute to the score:
4 Minute Fire Response (Station #6, 990 S. Hollywood Ave.)
• Near Sewer Main (6" main, S. Smokehouse Trl.)
• Near Water Main (8" & 18" main, S. Smokehouse Trl. & W. MILK Jr. Blvd.)
• Near City Park (Holland Park)
• Near Paved Trail (S. Rupple Rd.)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the August 22, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Johnson made the motion and
Commissioner Brink seconded. Commissioners in favor of the request found Urban Thoroughfare
to be appropriate here along a major thoroughfare and within a Tier 2 Center, stressing that any
future development would be required to meet form -based design requirements. Commissioners
Sparkman and Johnson expressed concerns about certain uses such as gasoline service stations
being allowed by right, though they agreed that UT zoning is appropriate. Three members of the
public spoke at the meeting, sharing their support for the requested rezoning while asking that
any future development be held to the same standards as others, limiting the number of variances
granted to ensure that the intent of the zoning ordinance is met. Members of the public who spoke
at the meeting also expressed concerns about having an auto -oriented use near the Mount
Kessler trail system and at a major intersection near a school.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0033
EXHIBIT `B'
REZONE DESCRIPTION:
(TRACT 1 OF A LOT SPLIT PLAT FILED AS WASHINGTON COUNTY DOCUMENT #2022-00002899)
A PART OF THE EAST HALF (E 1/2) OF THE WEST HALF (W 1/2) OF THE SOUTHEAST QUARTER (SE 1/4) AND
ALSO BEING A PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) ALL
IN SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS AND SAID
PART BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A FOUND STONE, SAID STONE ACCEPTED AND USED AS THE SOUTHEAST CORNER OF
THE NW 1/4 OF SAID SE 1/4;
THENCE NORTH 87 DEGREES 36 MINUTES 43 SECONDS WEST A DISTANCE OF 96.02;
THENCE NORTH 01 DEGREES 55 MINUTES 33 SECONDS EAST A DISTANCE OF 380.30 FEET
TO THE POINT OF BEGINNING (P.O.B.) AND A FOUND 1/2-INCH DIAMETER IRON PIN;
THENCE NORTH 88 DEGREES 04 MINUTES 27 SECONDS WEST A DISTANCE OF 284.67 FEET
TO A FOUND 1/2-INCH IRON PIN;
THENCE NORTH 02 DEGREES 34 MINUTES 11 SECONDS EAST A DISTANCE OF 271.80 FEET;
THENCE NORTH 76 DEGREES 10 MINUTES 21 SECONDS EAST A DISTANCE OF 2.92 FEET;
THENCE NORTH 13 DEGREES 49 MINUTES 39 SECONDS WEST A DISTANCE OF 10.00 FEET
TO A FOUND CHISELED "X" IN A CROSSWALK SIGNAL POLE BASE;
THENCE NORTH 76 DEGREES 10 MINUTES 21 SECONDS EAST A DISTANCE OF 292.50 FEET
TO A FOUND 1/2-INCH DIAMETER IRON PIN;
THENCE SOUTH 01 DEGREES 55 MINUTES 33 SECONDS WEST A DISTANCE OF 361.61 FEET
TO THE POINT OF BEGINNING (P.O.B.), CONTAINING 91,046 SQUARE FEET OR 2.09 ACRES.
AND BEING SUBJECTTO THE RIGHT OF WAY OF SOUTH SMOKEHOUSE TRAILALONG THE WEST BOUNDARY
THEREOF AND BEING SUBJECT TO THE SOUTHERLY RIGHT OF WAY LINE OF WEST MARTIN LUTHER KING
BOULEVARD (ARKANSAS STATE HIGHWAY 62) ON THE NORTH BOUNDARY THEREOF. AND ALSO BEING
SUBJECT ANY EASEMENTS, COVENANTS AND RESTRICTIONS OF RECORD.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 22, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0033: Rezone (SE OF S. SMOKEHOUSE TRL. & W. MARTIN
LUTHER KING JR. BLVD./MCNEAL FAMILY INVESTMENTS, 595):
Submitted by MCNEAL FAMILY INVESTMENTS for property located SE
OF S. SMOKEHOUSE TRL. AND W. MARTIN LUTHER KING JR. BLVD.
The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 2.09 acres. The request is to rezone the property to UT,
URBAN THOROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0033 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
'7 move to forward RZN-2022-0033 to City Council with a recommendation for approval. "
BACKGROUND:
The subject property is in west Fayetteville southeast of the intersection of West Martin Luther
King Jr. Boulevard and South Smokehouse Trail. The property contains one parcel totaling 2.09
acres and is currently undeveloped. Tree canopy covers much of the property and a 6% grade is
present, sloping down from the southern property line to the north, however, the property does
not lie within the Hillside -Hilltop Overlay District. Surrounding land uses and zoning are depicted
in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
UT, Urban Thoroughfare
South
Fayetteville Traverse Trail
R-A, Residential -Agricultural
East
Undeveloped
UT, Urban Thoroughfare;
CS, Community Services
West
Ozark Mountain Smokehouse
UT, Urban Thoroughfare
Request: The request is to rezone the property from R-A, Residential -Agricultural to UT, Urban
Thoroughfare. The applicant has shared an intent to develop the property with a convenience
store.
Public Comment: Staff has received no public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along West Martin Luther King Jr. Boulevard
which is a partially -improved Regional Link — High Activity street with asphalt
paving, curb, and gutter. The property also has frontage along South Smokehouse
Trail, a partially -improved Residential Link street with asphalt paving and open
ditches. Any street improvements required would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing 18-inch water main is
present on the south side of MLK and an existing eight -inch main is present along
the east side of South Smokehouse Trail.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present along the west side of South Smokehouse Trail.
Drainage: While the property is not within the Hillside -Hilltop Overlay District, a FEMA-
designated floodplain, or streamside protection zone, hydric soils are present.
Hydric soils 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 would be determined at the
time of development.
Fire: Station 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately two miles from the fire station with an anticipated drive time
of approximately six minutes using existing streets. The anticipated response time
would be approximately 8.2 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 did not comment on this request.
Tree Preservation:
The requested zoning district, UT, Urban Thoroughfare, requires 15% minimum
canopy preservation. The current zoning district, R-A, Residential -Agricultural,
requires 25% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential 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
5-6 for this site with a weighted score of 6 at the highest level. The following elements of the matrix
contribute to the score:
• 4 Minute Fire Response (Station #6, 990 S. Hollywood Ave.)
• Near Sewer Main (6" main, S. Smokehouse Trl.)
• Near Water Main (8" & 18" main, S. Smokehouse Trl. & W. MLK Jr. Blvd.)
• Near City Park (Holland Park)
• Near Paved Trail (S. Rupple Rd.)
• 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: While the surrounding area is largely undeveloped
and heavily wooded, staff finds the proposed rezoning to be generally
compatible with land use and development trends along the wider MILK
corridor. The proposed zoning of UT, Urban Thoroughfare would allow for
form -based development of a suitable intensity along a major thoroughfare,
and it would complement the underlying zoning and development potential
of adjacent properties. The current zoning of R-A, Residential -Agricultural
only allows low -density rural and residential uses by right, include one- to
two-family dwellings and animal boarding and training. Conditional uses in
the R-A zoning district include outdoor music establishments and large -site
commercial recreational and cultural facilities. The proposed zoning would
allow a greater variety of residential and nonresidential uses by right,
including, but not limited to, multi -family dwellings, retail, professional
offices, and gasoline service stations. The current zoning of R-A permits a
residential density of one-half unit per acre with traditional setbacks in the
amount of 35 feet along front and rear property lines and 20 feet along side
property lines. The proposed zoning of UT would have no residential density
limitation and would require urban form setbacks with a 0-25 foot build -to
zone.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the City's land use plans and policies. The Urban Thoroughfare zoning
district is intended to provide goods and services to surrounding residential
communities and encourage a concentration of commercial and mixed use
development along major thoroughfares. The subject property is located
along a major thoroughfare and within a Tier 2 Center, as indicated by the
City Plan 2040 Growth Concept Map. Tier 2 Centers are intended to be
provide services and employment to residents within two to three miles and
are characterized by a mix of commercial and residential uses. Further, the
City Plan 2040 Future Land Use Map designates the property within the
proposed rezoning as City Neighborhood Area — a designation that supports
the widest spectrum of uses and encourages residential density. Given the
subject property's location and future land use designations, staff finds the
request to rezone to Urban Thoroughfare to be appropriate in this instance.
South Smokehouse Trail, which directly abuts the property to the west, was
recently designated as a Residential Link — Trailhead Parking street to
accommodate future parking for the Fayetteville Traverse trailhead. A
rezoning to UT may help facilitate the creation of trailhead parking in the area
or provide services that are beneficial to those using the trails.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed zoning to be justified given the zoning entitlements
of surrounding properties and the location of the subject property within a
Tier 2 Center and a City Neighborhood Area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property from R-A to UT has the potential to
increase traffic at this location due to the number of vehicle trips associated
with higher -density residential and nonresidential uses. However, the
subject property is a corner lot with direct access to both South
Smokehouse Trail, a Residential Link street, and West Martin Luther King Jr.
Boulevard, a Regional Link — High Activity street. The property directly abuts
a portion of South Smokehouse Trail that was recently reclassified as a
Residential Link — Trailhead Parking street to accommodate future parking
for the Fayetteville Traverse trailhead.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to UT has the potential to alter the population density
and thereby increase the load on public services, though not to an
undesirable degree. The property has access to existing water and sanitary
sewer infrastructure and has sufficient access to other public services.
Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0033 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2022 O Tabled
Motion: Johnson
ISecond: Brink
J Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
O Forwarded O Denied
with a recommendation
of approval
ATTACHMENTS:
• Unified Development Code:
o §161.03 —District R-A, Residential -Agricultural
o §161.24 — Urban Thoroughfare
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
- Public comment received after PC report was published
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 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.
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 places
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor store
Unit 40
Sidewalk cafes
Unit 41
Accessory Dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 20
Commercial recreation, large sites
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
Unit 33
Adult live entertainment club or bar
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities
Unit 38
Mini -storage units
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 I 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.
Rezoning Request Statement
The property that I am asking to be rezoned from Ag to Urban
Thoroughfare has been in my family since 1946 when my Grandfather
purchased it. In the interest of best usage, our family feels that
rezoning the property to contain a convenience store that offers
snacks, drinks, and gasoline will not be a burden to surrounding
homes and businesses but will in fact be a blessing to the mountain
bikers that use the trails that the McNeal Family Investments LLC
recently sold to Bike NWA, giving them quick access to much needed
refreshment after riding the Kessler Mountain trail.
With the expansion of Rupple Road from Wedington to MLK and the
new homes and apartments that have been built in the area, a
convenience store at the intersection of Rupple and MLK will be a
boon to many people that live in the new neighborhoods.
The nearby properties (other than the Kessler Mountain trail system)
are already rezoned, and as I understand, the McNeal Family LLC
property is one of the few remaining properties that is zoned for
Agriculture in that area.
thank you for your consideration and look forward to hearing from
you.
Marcia A Woody
McNeal Family Investments LLC
RZN-2022-0033 S. SMOKEHOUSE TRL. & W. MLK Ak
One Mile View J R. BLVD. NORTH
0 0.13 0.25 0.5 Miles
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NORTHWEST ARKANSAS
LAND TRUST
(RZN-2022-0033) for Parcel 765-16301-000.
From R-A to UT
To Whom It May Concern:
am writing on behalf of the Northwest Arkansas Land Trust (NWALT), located at 1725 S.
Smokehouse Trail. NWALT is inside the Old Smokehouse building near the signalized intersection of
Martin Luther King Blvd., Rupple Road and Smokehouse Trail, across this street from the property
requesting to be rezoned.
The proposed rezoning to Urban Thoroughfare (UT) from R-A is in line the surrounding zoning. And
we have no particular concerns there.
Our comments come from the proposed use of the property, a gas station.
The Mt. Kessler trailhead is located just south of this property and generates significant cycle traffic.
It is a hub for the mountain biking community in Fayetteville. NWALT also hosts over 2500 school
children in our outdoor classroom and Mt. Kessler trails through a learning program with public
schools. Lastly, Mt. Kessler holds a unique key to wildlife resiliency in Fayetteville. It houses several
types of habitats due to the multiple microclimates it has, being a safe haven for anything from
bobcats, the red fox, to box turtles.
While we cannot control "who" develops land, we can influence how it looks and how it shapes the
spaces around us.
The light pollution impact from typical gas station development, could be detrimental to wildlife. The
traffic associated with a gas station could pose significant danger to cyclists and trail users. This
intersection has the potential to be a gateway to Mt. Kessler and all it has to offer.
We would firmly plea that the Planning Commission hold this type of development to the same
development standards as others, and request that no variances be granted in the future.
Tha you,
4�;�1-01"7
Gra Span
Northwest Arkansas Land Trust, Executive Director
I725 Smokehouse Trail, Fayetteville, AR 72701
www.nwalandtrust.ar� 479-966-4666
Preserving quality of life in Northwest Arkansas through the permanent protection of land.
Subscribed and sworn to before me
This 4 day of Gk�' , 2022.
��S �W.L
Notary Public i
My Commission Expires: L)z., Z4
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
NORTHWEST ARcAW-iAs
Democrat (Aaz&2
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AFFIDAVTr OF PUBLICATION
I, Paola Lopez, 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 -Clerks Office
Ord. 6605
Was inserted in the Regular Edition on:
October 2, 2022
Publication Charges: $95.76
Paola Lopez
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC —ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
linen.: W5
: Number.=a (F?N
S 22-033 (SE OF S.
OKEHOUSE TRAIL d: W.
,RTIN LUTHER KING JR.
VONCNEAL FAMILY
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ORDINANCE TO REZONE THAT
3PERTY DESCRIBED IN
SONNG PETITION RZN 22-033
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,RTIN LUTHER KING, JR.
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