HomeMy WebLinkAboutOrdinance 6613Ordinance: 6613
File Number: 2022-0873
Approved:
Attest:
Kara luton, City Clerk Treasurer
FRYE T-VILLE
Page 2 Printed on 1015122
RZN-2022-0042 N. GREGG AVE AND N.
Close Up View F U T RA L L DR
r
Neighborhood Link
�d Freeway/Expressway
Residential Link
Subject Property
— — — Trail (Proposed)
Feet
�.._ Design Overlay District
i� . .' Planning Area 0 75 150 300 450 600
2
;Fayetteville City Limits 1:+400
EXHIBIT 'A'
RZN-2022-0042
FUYRA, L—
�DR
AA&
NORTH
Zoning Acres
UT 4.0
Total 4.0
EXHIBIT 'B'
RZN-2022-0042
A parcel of land being a portion of land described in Warranty Deed File No. 2017-00018658 of
the public records of Washington County, Arkansas and a portion of Tract 5 of a Lot Split Plat
recorded as File No. 024A-00000277, all being a part of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 27, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows:
COMMENCING at a 1/2" rebar found at the southwest corner of the Northeast Quarter (NE1/4)
of Section 34, Township 17 North, Range 30 West, Washington County, Arkansas;
THENCE North 02°26'17" East along the west boundary of said Northeast Quarter a distance of
2606.20 feet to a found 1/2" rebar with cap stamped LS1005 on the south Right -of -Way line of
Interstate 49 and N. Fulbright Expressway per AHTD Job 13130414;
THENCE with said south Right -of -Way line North 69°14'28" East 85.24 feet to a 1/2" rebar with
cap stamped LS1005 found on the south line of the Southeast Quarter (SE1/4) of said Section 27
and being the POINT OF BEGINNING;
THENCE with said south Right -of -Way line the following three (3) courses:
1. North 69°12'31" East 205.16 feet to a found concrete Right -of -Way post;
2. North 71°41'54" East 500.42 feet to a found concrete Right -of -Way post;
3. North 75°09'57" East 301.76 feet to a found concrete Right -of -Way post on the west
Right -of -Way line of the Arkansas & Missouri Railroad;
THENCE with said west Right -of -Way line South 01°15'04" West 349.47 feet to a found 1/2"
rebar with cap on the south line of the Southeast Quarter (SE1/4) of said Section 27;
THENCE North 87°27'41" West 951.91 to the POINT OF BEGINNING and containing
176,300 square feet or 4.05 acres, more or less.
Washington County, AR
I certify this instrument was filed on
10/21/2022 09:42:55 AM
and recorded in Real Estate
File Number 2022-00034464
Kyle Sylvester- Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0873
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq
Agenda Number: C.6
File Type: Ordinance
RZN 22-042 (N. GREGG AVE AND N. FUTRALL DRIWASHINGTON REGIONAL MEDICAL
CENTER):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-042 LOCATED AT THE SOUTHWEST CORNER OF NORTH GREGG AVENUE AND NORTH
FUTRALL DRIVE IN WARD 2 FOR APPROXIMATELY 4.05 ACRES FROM C-3, CENTRAL
COMMERCIAL 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 C-3, Thoroughfare Commercial 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 101512022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0873
Legistar File ID
10/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/16/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0042: Rezoning (N. GREGG AVE AND N. FUTRALL DR/WASHINGTON REGIONAL MEDICAL CENTER, 211):
Submitted by CEI ENGINEERING for property located at N. GREGG AVE AND N. FUTRALL DR in WARD 2. The
property is zoned C-3, CENTRAL COMMERCIAL and contains approximately 4.05 acres. The request is to rezone the
property to UT, URBAN THROUGHFARE.
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 OCTOBER 4, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: September 16, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0042: Rezoning (N. GREGG AVE AND N. FUTRALL
DR/WASHINGTON REGIONAL MEDICAL CENTER, 211): Submitted by CEI
ENGINEERING for property located at N. GREGG AVE AND N. FUTRALL DR in
WARD 2. The property is zoned C-3, CENTRAL COMMERCIAL and contains
approximately 4.05 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 north Fayetteville at the southwest corner of N. Gregg Avenue and N.
Futrall Drive, across N. Gregg Avenue from Washington Regional Medical Center. Containing
4.05 acres, the property is currently undeveloped and is zoned C-3, Central Commercial. The
property does not have direct frontage along N. Gregg Avenue, with the Arkansas Missouri
Railroad passing in between the property and the street; the City is currently in the process of
developing a railroad crossing in this vicinity.
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant intends
to redevelop this and adjacent property to the south for an expansion of the Washington Regional
Medical Center.
Public Comment: Staff received a letter of support of the request from a surrounding property
owner, and it is attached to full Planning Commission report.
Land Use Compatibility: In 2016, City Council rezoned 185 acres to the south of this property from
R-A, Residential Agricultural, R-O, Residential -Office, and C-2, Thoroughfare Commercial, to UT,
Urban Thoroughfare. While the property largely remains undeveloped currently, Washington
Regional Medical Center intends to expand and relocate some of their facilities to this western
side of N. Gregg Avenue. The allowable uses are largely similar under C-3, the existing zoning,
and UT, the proposed zoning, though UT allows for more residential uses including single-, two -
and three- and four -family dwellings by -right. The setbacks between the two zoning districts differ,
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
in that UT requires a form -based approach to setbacks, including a front build -to -zone rather than
a traditional setback. While the existence of the railroad would prevent structures from fronting N.
Gregg Avenue directly, any future public streets that were constructed throughout the area would
create frontage and require structures to meet a more form -based standard. Building heights
between the two zoning districts are also similar, both limiting building heights to a maximum of 7
stories. Staff finds that given that most the property surrounding this site is either already zoned
UT, Urban Thoroughfare, or is an existing traffic corridor, the request is compatible with the
surroundings. Further, having consistent zoning on this site will allow for a more logical and
uniform setback approach in the area.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as an
Urban Center Area, which calls out for the most intense and dense development patterns within
the City. This zoning request has the potential to meet goal #3, by growing the potential for a
more compact, complete, and connected development pattern. The Urban Center designation
also clarifies an expectation that vacant properties will be developed into traditional mixed -use
centers to allow people to live, work, and shop in the same area.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-6
for this site. The following elements of the matrix contribute to the score:
• Near Sewer Main (16" main in N. Gregg Avenue; 12" main along northern property line)
• Near Water Main (18" main along east side of N. Gregg Avenue)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center Area)
DISCUSSION:
At the September 12, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Brink made the motion and
Commissioner Madden seconded. Commissioners offered little comment, finding that the request
aligned with current and future land use plan. No members of the public spoke on the item at the
meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0042 N. GREGG AVE AND N.
Close Up View F U T RA L L DR
RAMP 6'1
E*%
Neighborhood Link
Freeway/Expressway
Residential Link
- - - Trail (Proposed)
_ Design Overlay District
Planning Area
Fayetteville City Limits
c-
�uajec Property
FqW
UT
Feet
0 75 150 300 450 600
1:2,400
EXHIBIT 'A'
RZN-2022-0042
FUTRALL
DR
w
Q
c7
0
w
t7
P-1
NORTH
Zoning Acres
UT 4.0
Total 4.0
EXHIBIT 'B'
RZN-2022-0042
A parcel of land being a portion of land described in Warranty Deed File No. 2017-00018658 of
the public records of Washington County, Arkansas and a portion of Tract 5 of a Lot Split Plat
recorded as File No. 024A-00000277, all being a part of the Southwest Quarter (SW1/4) of the
Southeast Quarter (SE1/4) of Section 27, Township 17 North, Range 30 West, Washington
County, Arkansas, being more particularly described as follows:
COMMENCING at a 1/2" rebar found at the southwest corner of the Northeast Quarter (NE1/4)
of Section 34, Township 17 North, Range 30 West, Washington County, Arkansas;
THENCE North 02°26'17" East along the west boundary of said Northeast Quarter a distance of
2606.20 feet to a found 1/2" rebar with cap stamped LS1005 on the south Right -of -Way line of
Interstate 49 and N. Fulbright Expressway per AHTD Job BB0414;
THENCE with said south Right -of -Way line North 69°14'28" East 85.24 feet to a 1/2" rebar with
cap stamped LS1005 found on the south line of the Southeast Quarter (SE1/4) of said Section 27
and being the POINT OF BEGINNING,
THENCE with said south Right -of -Way line the following three (3) courses:
1. North 69°12'31" East 205.16 feet to a found concrete Right -of -Way post;
2. North 71°41'54" East 500.42 feet to a found concrete Right -of -Way post,
3. North 75°09'57" East 301.76 feet to a found concrete Right -of -Way post on the west
Right -of -Way line of the Arkansas & Missouri Railroad;
THENCE with said west Right -of -Way line South 01°15'04" West 349.47 feet to a found 1/2"
rebar with cap on the south line of the Southeast Quarter (SE1/4) of said Section 27;
THENCE North 87°27'41" West 951.91 to the POINT OF BEGINNING and containing
176,300 square feet or 4.05 acres, more or less.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: September 12, 2022 Updated with PC hearing results from 9/12/2022
SUBJECT: RZN-2022-0042: Rezoning (N. GREGG AVE AND N. FUTRALL
DR/WASHINGTON REGIONAL MEDICAL CENTER, 211): Submitted by
CEI ENGINEERING for property located at N. GREGG AVE AND N.
FUTRALL DR. The property is zoned C-3, CENTRAL COMMERCIAL and
contains approximately 4.05 acres. The request is to rezone the property
to UT, URBAN THROUGHFARE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0042 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0042 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in north Fayetteville at the southwest corner of N. Gregg Avenue and N.
Futrall Drive, across N. Gregg Avenue from Washington Regional Medical Center. Containing
4.05 acres, the property is currently undeveloped and is zoned C-3, Central Commercial. The
property does not have direct frontage along N. Gregg Avenue, with the Arkansas Missouri
Railroad passing in between the property and the street; the City is currently in the process of
developing a railroad crossing in this vicinity. Surrounding land uses and zoning is depicted in
Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
N. Fulbri ht Expressway
N/A
South
Undeveloped
UT, Urban Thoroughfare
East
Washin ton Regional Medical Center
P-1, Institutional
West
N. Fulbright Expressway/1-49 Interchange
N/A
Request: The request is to rezone the property to UT, Urban Thoroughfare. The applicant intends
to redevelop this and adjacent property to the south for an expansion of the Washington Regional
Medical Center.
Public Comment: Staff has received a letter of support of the request from a surrounding property
owner, and it is attached to this packet.
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 1 of 16
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the west side of N. Gregg Avenue, which is a
partially improved Neighborhood Link street with asphalt paving, curb and gutter.
The Arkansas Missouri Railroad passes in between the property and the frontage
along N. Gregg Avenue. Any street improvements required in these areas would
be determined at the time of development proposal.
Water: Public water is available to the subject area. An existing 18-inch water main is
present on the west side of N. Gregg Avenue. Permission to cross the railroad
property will be required in order to access water.
Sewer: Sanitary Sewer is available to the subject area. An existing 16-inch sewer main is
present on the west side of N. Gregg Avenue, and an existing 12-inch sewer main
is present on the north 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 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 1 mile from the fire station with an anticipated drive time of
approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the site is located within the Hillside -Hilltop
Overlay District, though portions of the site lie within a FEMA Floodplain, there is
a protected stream on the property, and there are hydric soils on the site, which
each trigger the following requirements with associated development as outlined
below.
A floodplain development review will be required at the time of permit or plan
submittal. This will restrict the type of development and impact in flood zones; and
may require additional documentation such as flood studies or elevation
certificates depending on the type of development. If a development impacts a
floodplain, those impacts may require review and approval from FEMA.
Streamside Protection Zones generally consists 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, it will be 50ft wide as measured from the top of bank but depending on
the shape and extents 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.
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
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 2 of 16
(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.
Tree Preservation:
The existing zoning district of C-3, Central Business Commercial requires 15%
minimum canopy preservation. The requested zoning district of UT, Urban
Thoroughfare also 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 Urban Center.
Urban Center Areas contain the most intense and dense development patterns within the City
and allow for the tallest and greatest variety of buildings. Urban Center accommodates
rowhouses, apartments, local and regional retail, hotels, clean technology industries and
entertainment uses. These areas are typified by their location adjacent to major thoroughfares
with high visibility. Although Urban Center Areas recognize the conventional big box and strip
retail centers existing along major arterials, it is expected that vacant properties will be developed
into traditional mixed -use centers, allowing people to live, work and shop in the same area.
Additionally, infill of underperforming or undervalued existing big box and strip centers should be
strongly encouraged since there is a greater return on investment for redevelopment of these
areas that have existing public infrastructure such as streets, sidewalks, trails, water, sewer and
parklands.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-6
for this site, with a weighted score of 15. The following elements of the matrix contribute to the
score:
• Near Sewer Main (16" main in N. Gregg Avenue; 12" main along northern property line)
• Near Water Main (18" main along east side of N. Gregg Avenue)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (Urban Center Area)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility. In 2016, City Council rezoned 185 acres to the south
of this property from R-A, Residential Agricultural, R-O, Residential -Office,
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 3 of 16
and C-2, Thoroughfare Commercial, to UT, Urban Thoroughfare. While the
property largely remains undeveloped currently, Washington Regional
Medical Center intends to expand and relocate some of their facilities to this
western side of N. Gregg Avenue. The allowable uses are largely similar
under C-3, the existing zoning, and UT, the proposed zoning, though UT
allows for more residential uses including single-, two- and three- and four -
family dwellings by -right. The setbacks between the two zoning districts
differ, in that UT requires a form -based approach to setbacks, including a
front build -to -zone rather than a traditional setback. While the existence of
the railroad would prevent structures from fronting N. Gregg Avenue
directly, any future public streets that were constructed throughout the area
would create frontage and require structures to meet a more form -based
standard. Building heights between the two zoning districts are also similar,
both limiting building heights to a maximum of 7 stories. Staff finds that
given that most the property surrounding this site is either already zoned
UT, Urban Thoroughfare, or is an existing traffic corridor, the request is
compatible with the surroundings. Further, having consistent zoning on this
site will allow for a more logical and uniform setback approach in the area.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as an Urban Center Area, which
calls out for the most intense and dense development patterns within the
City. This zoning request has the potential to meet goal #3, by growing the
potential for a more compact, complete, and connected development
pattern. The Urban Center designation also clarifies an expectation that
vacant properties will be developed into traditional mixed -use centers to
allow people to live, work, and shop in the same area.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from C-3, Central Commercial to UT, Urban Thoroughfare is
justified to bring the wider development area into a consistent zoning
pattern, as well as to meet the long-term land use plans for the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from C-3 to UT as the applicant is requesting does not
necessarily on its own have the ability to create or appreciably increase
traffic to the area. The City is already undertaking the development of a
railroad crossing at this location, and the requested zoning will just bring a
more consistent zoning pattern to the overall area.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from C-3 to UT as the applicant is requesting would
not undesirably increase the load on public services. This area has been
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 4 of 16
called out as an Urban Center Area, much in part due to the available
infrastructure that already exists.
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-2022-0042.
PLANNING COMMISSION ACTION: Required YES
Date: September 12, 2022 O Tabled Cq Forwarded O Denied
With a recommendation of
Motion: Brink approval.
Second: Madden
Vote: 7-
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.24 Urban Thoroughfare
o §161.25 District C-3, Central Commercial
• Applicant Request Letter
• Applicant Site Exhibit
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 5 of 16
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
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 6 of 16
(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."
161.25 District C-3, Central Commercial
(A) Purpose. The Central Commercial District is designed to accommodate the commercial and related uses
commonly found in the central business district, or regional shopping centers which provide a wide range of
retail and personal service uses. The intent of this district is to allow administrative approval if the developer
decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as
specified herein.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating laces
Unit 14
Hotel, motel, and amusement facilities
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 7 of 16
Unit 16
Shopping goods
Unit 18
Gasoline service stations & drive-in restaurants
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
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 17
Transportation trades and services
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Central Business
Shopping Center
District
Front
5 feet
25 feet
Front, if parking is
50 feet
50 feet
allowed between the
right-of-way and the
building
Side
None
None
Side, when
10 feet
25 feet
contiguous to a
residential district
Rear, without
15 feet
25 feet
easement or alley
Rear, from center
10 feet
10 feet
line of a public alley
Urban Form Setback Regulations:
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line
Side
None
Rear
5 feet
Rear, from center line of an alley
12 feet
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 8 of 16
(F) Building Height Regulations.
Building Height Maximum 1 5 stories/7 stories*
* A building or a portion of a building that is located between 0 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 a portion of a
building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum
height of seven (7) stories.
(G) Urban form minimum buildable street frontage: 80% of the lot width.
(Code 1965, App. A., Art. 5(VII); Ord. No. 2351, 6-21-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code
1991, §160.037; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4863,
5-02-06; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No.
5592, 06-18-13; 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, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 8, 9, 4-2-19; Ord. No. 6223 , §1,
9-3-19; 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
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 9 of 16
CEI
Solutions for
Land and Life
Development Services Department
113 West Mountain Street
Fayetteville, AR 72701
Civil Engineering, Landscape Architecture,
Survey, Planning & Program Management
3108 SW Regency Parkway
Bentonville, AR 72712
RE: Rezoning Application, C-3 to UT
Washington Regional Medical Center at Drake Farms
Dear Staff and Commissioners,
Office: 479.273.9472
Toll -free: 1.800.433.4173
ceieng.com
August a 2
Rev. August 8, 2022
On behalf of Washington Regional Medical Center, we offer the following statement explaining
compatibility of the proposed rezoning with existing neighboring properties and land uses. Our
rezoning application pertains to Parcel 765-15773-003, consisting of 4.05 acres at the southwest
corner of N. Gregg Avenue and N. Futrall Drive, to be rezoned from C-3 Central Commercial to
UT Urban Thoroughfare.
In general, approval of this request will bring the above -mentioned approximately four acres into
conformance with the roughly 160-acre balance of the Drake Farms master planned area lying to
the south and west.
The subject four acres is bounded by the Fulbright Expressway/Hwy 71-B immediately north, by
the vast acreage of Drake Farms to the immediate west and south, and by the Arkansas Missouri
Railroad and N. Gregg Avenue immediately east. No identifiable negative effects upon
surrounding properties or land uses are known or anticipated.
Finally, Fayetteville Zoning Regulations state, "The Central Commercial District is designed to
accommodate the commercial and related uses commonly found in the central business district,
or regional shopping centers..." and "The Urban Thoroughfare District is designed to provide
goods and services for persons living in the surrounding communities." The afore -stated
purposes are quite similar and the subject rezoning will continue to facilitate mixed use
development as historically planned in Drake Farms as well as in and around nearby WRMC
and North Hills Medical Park environs.
We appreciate your consideration of this information as part of our rezoning application, and we'll
be happy to address questions or comments regarding this or related matters. Please feel free to
contact me by phone at (479)273-9472 or via email at therndon(o-)_ceieng.com.
Respectfully,
K4 A •� ,
Tim A. Herndon
Project Manager
Cc: Stephen Gilbert, file
Planning Commission
September 12, 2022
- Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 10 of 16
REZONING EXHIBIT
C-3 to UT
Legal Description
A parcel of land being a portion of land described in Warranty Deed File No. 2017-00018658 of the public records of
Washington County, Arkansas and a portion of Tract 5 of a Lot Split Plat recorded as File No. 024A-00000277, all being a
part of the Southwest Quarter (SW1/4) of the Southeast Quarter (SE1/4) of Section 27, Township 17 North, Range 30
West, Washington County, Arkansas, being more particularly described as follows:
COMMENCING at a 1/2" rebar found at the southwest corner of the Northeast Quarter (NE1/4) of Section 34, Township
17 North, Range 30 West, Washington County, Arkansas;
THENCE North 02°26'17" East along the west boundary of said Northeast Quarter a distance of 2606.20 feet to a found
1/2" rebar with cap stamped LS1005 on the south Right -of -Way line of Interstate 49 and N. Fulbright Expressway per
AHTD Job BB0414;
THENCE with said south Right -of -Way line North 69°14'28" East 85.24 feet to a 1/2" rebar with cap stamped LS1005 found
on the south line of the Southeast Quarter (SE1/4) of said Section 27 and being the POINT OF BEGINNING;
THENCE with said south Right -of -Way line the following three (3) courses:
1. North 69°12'31" East 205.16 feet to a found concrete Right -of -Way post;
2. North 71°41'54" East 500.42 feet to a found concrete Right -of -Way post;
3. North 75°09'57" East 301.76 feet to a found concrete Right -of -Way post on the west Right -of -Way line of the
Arkansas & Missouri Railroad;
THENCE with said west Right -of -Way line South 01°15'04" West 349.47 feet to a found 1/2" rebar with cap on the south
line of the Southeast Quarter (SE1/4) of said Section 27,
THENCE North 87°27'41" West 951.91 to the POINT OF BEGINNING and containing
176,300 square feet or 4.05 acres, more or less.
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 11 of 16
From: Neal Pendergraft [mailto:zippv@33st.com]
Sent: Monday, August 29, 2022 11:46 AM
To: Planning Shared <planning@fayetteville-ar.gov>; Wright, Birch G. <bwright@wregional.com>
Subject: WRMC Rezone N. Gregg and Futral
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Planners - I sold the 4.05 acres at issue to the hospital a couple of years ago, along with
approximately 11 contiguous acres. Several years ago the City rezoned all of our property
bordered by Drake and the interstate to the north and south and bordered by Gregg and
Garland to the east and west. At the time of that rezoning, I did not own the property at
issue. Had I owned it, that property would already be zoned UT. All of our other property,
including the property sold to Washington Regional is zoned UT. As the only adjoining land
owner, I fully support Washington Regional's request to rezone the 4 acres at issue to
UT. Please feel free to contact me if I may provide any further input. Thanks for your time and
attention to this matter. Sincerely, Neal R. Pendergraft for 1155 Properties, LLC and RPFAM,
LLLP.
Neal R. Pendergraft
Thirty Third Street, LLC
2828 Mansfield Street
P.O. Box 4245
Fayetteville, AR 72702
Telephone: 479-443-3301
Cell: 479-601-4945
Planning Commission
September 12, 2022
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 12 of 16
RZN-2022-0042
One Mile View
FUL
-----------
Regional Link
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Institutional Master Plan
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Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 13 of 16
RZN-2022-0042 N. GREGG AVE AND N.
Close Up View F U T RA L L DR
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Planning Comm
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 14 of 16
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 15 of 16
RZN-2022-0042
Future Land Use
IM,
N. GREGG AVE AND N.
FUTRALL DR
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Rural Residential
Urban CenterPlanning Commis
Agenda Item 16
RZN-2022-0042 (WASHINGTON REGIONAL MEDICAL SERVICES)
Page 16 of 16
