HomeMy WebLinkAboutOrdinance 6616RZN-2022-0043
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660 W. VAN ASCHE DR EXHIBIT 'A'
RZN-2022-0043
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NORTH
� Regional Link Zoning Acres
� Neighborhood Link
momo Regional Link - High Activity 1-2 13.0
— Unclassified
Residential Link
Feet
Hillside -Hilltop Overlay District
- - - Trail (Proposed) 0 75 150 300 450 600
r Planning Area
Fayetteville City Limits 1 :2,400 Total 13.0
EXHIBITS'
t ' RZN-2022-0043
A part of the Southwest Quarter (SW1/4) of the Northeast Quarter (NE1/4) of Section 27, Township 17 North,
Rzmge 30 West, Washington County, Arkansas, described es fonows: Beginning at the SW corner of said 40 acre tract, and
running thence North 12.62 chains; thence East 9.25 chains; thence N 50' E, 6.80 chains to a railroad; thence S O 1" E, 16.85
chains to the forty line; thence West 14.92 chains to the begnoing point, containing 19.84 acres, more or less.
LESS AND EXCEPT:
A part of the Southwest Quarter (SW 1 /4) of the Northeast Qnarter (NE114) of Section 27, Township 17 North,
Range 30 West, Washington County, Arkansas, described as follows: Begiuzing at a nail and bottle cap set on the West line
of the NEIA of Section 27 which bears N 01°01'54" W, 408A6 feet from the SW comer of the NEIA of Section 27;
thence N OI°01'54" W, and along said West line of the NEI/4, a distance of 422.96 Feet to a nail and bottle cap set (which
bears S 00*01'54" E, 1,803.81 feet from a State Monument [No. CR1-2721 at the NW comer of the NEIA of Section 27),
thence N 89°52'Or E, and passing at 25.94 feet, an iron pin set on the right-of-way.of Lie Kiln Road, a total distance of
540.94 feet to an iron pin set; thence S 00°44'5I" E, a distance of 423.00 feet to an iron pin set; thence S 89152'07' W, and
passing at 5I5.00 feet, an iron pin set on the rigbt-of--way of Lime Kiln Road, a total distance of 546.23 feet to the pawn of
beginning, containing 5.29 acts, of which 0.28 acres lies within the right-cf--way of Lime Kiln Road as described in the
County Court Order as recorded in County Coast Book " F', at Page 887.
ALSO LESS AND EXCEPT:
A part of the Southwest Quarter (SW 1/4) of the Nottheast Quarter (NE114) of Section 27, Township 17 North,
Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 10.20 feet North and
13.40 feet East of the SW comer of said 40 acre tract, and nm=g North along the East line of ft County Road right-of-
way 208.71 fect; thence 'East 208.71 feet; thence South 208.71 ki to the North line of the County Road right of - way,
theme West along the North line of the County Road 208.71 feet to the place of beginning, containing 1.0 acre, more or
less.
2000019482
Washington County, AR
I certify this instrument was filed on
10/21/2022 09:44:05 AM
and recorded in Real Estate
File Number 2022-00034467
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0877
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.9
RZN 22-043 (560 W. VAN ASCHE DR./TUNE & TUNE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-043 LOCATED AT 560 WEST VAN ASCHE DRIVE IN WARD 2 FOR APPROXIMATELY 13.56
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 101512022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0877
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-2022-0043: Rezoning (560 W. VAN ASCHE DR./TUNE & TUNE, 172): Submitted by HALL ESTILL LAW FIRM for
property located at 560 W. VAN ASCHE DR in WARD 2. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approx. 13.56 acres. The request is to rezone the property to 1-2, GENERAL INDUSTRIAL.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 4, 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: September 16, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0043: Rezoning (560 W. VAN ASCHE DR./TUNE & TUNE, 172):
Submitted by HALL ESTILL LAW FIRM for property located at 560 W. VAN
ASCHE DR in WARD 2. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approx. 13.56 acres. The request is to rezone the
property to I-2, GENERAL INDUSTRIAL.
RECOMMENDATION:
City Planning staff recommends denial of the request to rezone the subject property as described
and shown in the attached Exhibits 'A' and 'B'. Planning Commission recommends approval of
rezoning the property to UT, Urban Thoroughfare.
BACKGROUND:
The subject property is located at the northwest corner of N. Gregg Avenue and W. Van Asche
Drive. The subject area is composed of two parcels totaling 13.56 acres and zoned R-A,
Residential -Agricultural. Tune Concrete Company has operated on the property dating back to
1996. Until October 31, 2021, Marck Industries, a center for collecting recyclables, operated in
the building at 500 W. Van Asche, which is part of the subject area (BL 5649). Total Recycling
Paper & Plastic currently has a business license under review at the location (BLC-000419-2022).
In 2010 the subject property was among a 99-acre territory along W. Van Asche Drive that was
simultaneously de -annexed from the City of Johnson into the City of Fayetteville. The property is
relatively flat with sparse vegetation which mostly follows the property's boundary. An unnamed
tributary of the Illinois River is present on -site. Industrial structures and impervious paving
associated with the existing businesses covers nearly all of the lot's area.
Request: The request is to rezone the property from R-A, Residential Agricultural to 1-2, General
Industrial.
Public Comment: Staff has received no public comment on the request.
Land Use Compatibility. Staff finds the proposed zoning to be mostly compatible with surrounding
land uses. Nearby properties are mostly large and undeveloped. Arkhola Sand & Gravel Company
neighbors the subject property to the northwest, railroad right-of-way borders the property
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
immediately to the east, and single-family residences are present to the southeast. The subject
property received its R-A zoning designation by default when it was annexed into Fayetteville city
limits in 2010. R-A zoning allows for manufactured homes, single- and two-family dwellings. It
also allows for commercial uses typically associated with agriculture. Despite its current
entitlements, Tune Concrete Company has occupied the site for over 25 years, predating its
annexation. A concrete manufacturing facility is typically categorized as Use Unit 23 — Heavy
Industrial which is not allowed by -right or by conditional use in its current district. The proposed
zoning district would bring the existing business into compliance with its governing zoning
regulations. Heavy Industrial is permitted by -right in 1-2 zoning as are other activities that can be
perceived as a nuisance to residential and business uses. Gas stations, large recreation sites
(amusement park, go-cart track, drag strip, golf course, etc.), warehousing, manufacturing,
centers for collecting recyclable materials, and clean technologies are also allowed by -right under
the proposed zoning. 1-2 has no bulk and area requirements for lot sizes and setbacks vary based
on the zoning classification of adjoining properties. Under the proposed district, front setbacks are
50 feet, side and rear setbacks are 25 feet. There is no height limitation for structures in 1-2 zoning,
though if a building exceeds two stories those portions of the structure must have an additional
setback equal to the difference between its height and two stories.
Perhaps the most significant incongruency with 1-2 zoning is the presence of natural features on
the property. Hydric soils are present throughout the site and a protected stream bisects the
western portion of the site before generally following the north property line between Tune
Concrete and Arkhola Sand and Gravel and eventually flowing into Mud Creek. The stream
appears to emanate from a stormwater outlet on the property to the west, at the northeast corner
of N. Roosevelt Avenue and W. Van Asche Drive. Staff is generally not favorable to industrial
zoning near sensitive areas which may be a concern in this case. On the balance of
considerations, staff finds industrial uses at the periphery of the city and adjacent to a railroad are
likely to be among the most suitable. Staff finds the property's surrounding context, location, and
the existing 12-year non -conforming use suggest the rezoning is mostly compatible.
In terms of Planning Commission's recommendation to rezone the property to UT, Urban
Thoroughfare, staff finds the proposal is also compatible with the surrounding mix of uses. UT
zoning allows many of the same uses either by -right or by conditional use permit. Activities
associated with farming, manufacturing, heavy industrial, facilities emitting odors/handling
explosives, and auto salvage are the only uses which cannot be utilized in UT that are available
either by -right or by conditional use in 1-2. UT also allows for residential uses and a wider array of
commercial uses including restaurants, hotels, retail shopping, and nightclubs, among others.
Land Use Plan Analysis: Staff finds the proposed zoning to be inconsistent with the City's future
land use plans and policies. The Future Land Use Map in City Plan 2040 designates the property
within the proposed rezone as a City Neighborhood Area. City Neighborhood areas support the
widest spectrum of uses with commercial uses being encouraged at intersections. Conversely,
the rezoning does not contribute towards a creating a traditional, gridded neighborhood with a
mix of uses. Only commercial and non-residential uses are allowed on 1-2 properties. A moderate
infill score suggests the property's current R-A zoning may no longer appropriately serve the city
but it is questionable whether allowing very intense industrial uses to continue into perpetuity fits
the long-term vision for this corridor. Rezoning to 1-2 also does not align with any goals in City
Plan 2040.
Staff finds that Planning Commission's recommendation to rezone to UT, Urban Thoroughfare
will substantially align with the future land use plans for the area. The potential to mix residential
and commercial uses, urban form requirements, and heightened design standards all contribute
towards a development pattern in accord with the City Neighborhood Future Land Use Map
designation that is not provided currently in R-A zoning or in the proposed 1-2 zoning district.
Lastly, rezoning to UT would contribute to City Plan 2040 Goals #3 — Compact and Complete
Development and 4 — Grow a Livable Transportation Network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 4-6 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Near Sewer Main (Mains present in the N. Gregg Avenue, W. Van Asche Drive, and N.
Roosevelt Avenue rights -of -way)
• Near Water Main (30" main, N. Gregg Avenue)
• Near City Park (Scull Creek Trail Corridor, Mud Creek Trail Corridor)
• Near Paved Trail (Clabber Creek Trail, Razorback Greenway)
• Near Razorback Bus Stop (Route 26 Peak)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the September 12, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request
to City Council recommending approval of rezoning the property to UT, Urban Thoroughfare.
Commissioner Johnson made the motion and Commissioner Brink seconded. Commissioner
Winston cautioned about driving away businesses that only industrial districts can accommodate,
particularly along railroads. Commissioner McGetrick agreed and asked about alternative zoning
designations that might be options. Commissioner Sparkman said the existing use seemed
appropriate but spoke of concerns about the appropriateness of 1-2 zoning on the subject property
long-term. Commissioner Johnson noted that a handful of uses in 1-2 were not allowed by -right or
by conditional use in UT zoning but felt the district was better suited to ensure that any
redevelopment of the subject property in the future would fit with the anticipated uses on
surrounding properties. The applicant, Robert Rhoads, was asked if they were agreeable to
forwarding the item recommending approval of UT and they affirmed. No members of the public
spoke during the September 1211 Planning Commission meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Exhibit C
• Planning Commission Staff Report
f'
EXHIBIT "A"
A part of the Southwest Quarter (SWI14) of the Northeast Quarter (NE1/4) of Section 27, Township 17 North,
Range 30 West, Washington County, Arkansas, described as follows: Beginning at the SW comer of said 40 acre tract, and
running thence North 12.62 chains; thence East 9.25 chains; thence N 50' E, 6.80 chains to a railroad; thence S 01 ° E, 16.85
chains to the forty line; thence West 14.92 chains to the beginning point, containing 19.84 acres, more or less.
LESS AND EXCEPT:
A part of the Southwest Quarter (SWI/4) of the Northeast Quarter (NE1/4) of Section 27, Township 17 North,
Range 30 West, Washington County, Arkansas, described as follows: Beginning at a nail and bottle cap set on the West line
of the NE114 of Section 27 which bears N 01°01'54" W, 408.46 feet from the SW comer of the NE1/4 of Section 27;
thence N 01°01'54" W, and along said West line of the NEl/4, a distance of 422.96 feet to a nail and bottle cap set (which
bears S 00°01'54" E, 1,803.81 feet from a State Monument [No. CRI-2721 at the NW comer of the NEI/4 of Section 27);
thence N 89°52'07" E, and passing at 25.94 feet, an iron pin set on the right-of-way of Lime Kiln Road, a total distance of
540.94 feet to an iron pin set; thence S 00°44'51" E, a distance of 423.00 feet to an iron pin set; thence S 89152'07" W, and
passing at 515.00 feet, an iron pin set on the right-of-way of Lime Kiln Road, a total distance of 546.23 feet to the point of
beginning, containing 5.28 acres, of which 0.28 acres lies within the right-of-way of Lime Kiln Road as described in the
County Court Order as recorded in County Court Book "H", at Page 887.
ALSO LESS AND EXCEPT:
A part of the Southwest Quarter (SWI/4) of the Northeast Quarter (NE1/4) of Section 27, Township 17 North,
Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 10.20 feet North and
13.40 feet East of the SW comer of said 40 acre tract, and running North along the East line of the County Road right-of-
way 208.71 feet; thence East 208.71 feet; thence South 208.71 feet to the North line of the County Road right-of-way;
thence West along the North Be of the County Road 208.71 feet to the place of beginning, containing 1.0 acre, more or
less.
2000079482
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.
nit 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
Unit
13
Unit
14
Unit
16
Unit
17
Unit
18
Unit
19
F
I_
Unit
25
Three (3) and four (4) family dwellings
Eating places
Hotel, motel and amusement services
Shopping goods
Transportation trades and services
Gasoline service stations and drive-in/drive-through
restaurants
Commercial recreation, small sites
Home occupations
Offices, studios, and related services
Unit
Multi -family dwellings
26
Unit
34 Liquor store
Unit Sidewalk cafes
140
Unit Accessory Dwellings
41
FUnit Cluster Housing Development
44
Unit Small scale production
45
Unit
U 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
All other dwellings
Non-residential
(2) Lot area minimum. None
(E) Setback regulations.
A build -to zone that is located
Front: between 10 feet and a line 25 feet
from the front property line.
Side and rear: None
Side or rear, when contiguous
to a single-family residential 15 feet
district:
(F) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
* A building or a portion of a building that is located between 10 and 15 feet from the front property line or any master
street plan right-of-way line shall have a maximum height of five (5) stories. A building or portion of a building that is
located greater than 15 feet from the master street plan right-of-way shall have a maximum height of seven (7)
stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any boundary line of an adjacent single family district. The amount of additional
setback for the portion of the building over two (2) stories shall be equal to the difference between the total
height of that portion of the building, and two (2) stories.
(G) Minimum buildable street frontage. 50% of the lot width.
(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, §§1(Exh. C), 2, 4-20-21)
Editor's note— 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."
CITY OF
_' FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: September 12, 2022 (Updated with Planning Commission Results)
SUBJECT: RZN-2022-0043: Rezoning (560 W. VAN ASCHE DR./TUNE & TUNE,
172): Submitted by HALL ESTILL LAW FIRM for property located at 560
W. VAN ASCHE DR. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approx. 13.56 acres. The request is to
rezone the property to 1-2, GENERAL INDUSTRIAL.
RECOMMENDATION:
Staff recommends denial of RZN-2022-0043.
RECOMMENDED MOTION:
'I move to deny RZN-2022-0043."
BACKGROUND:
The subject property is located at the northwest corner of N. Gregg Avenue and W. Van Asche
Drive. The subject area is composed of two parcels totaling 13.56 acres and zoned R-A,
Residential -Agricultural. Tune Concrete Company has operated on the property dating back to
1996. Until October 31, 2021, Marck Industries, a center for collecting recyclables, operated in
the building at 500 W. Van Asche, which is part of the subject area (BL 5649). Total Recycling
Paper & Plastic currently has a business license under review at the location (BLC-000419-2022).
In 2010 the subject property was among a 99-acre territory along W. Van Asche Drive that was
simultaneously de -annexed from the City of Johnson into the City of Fayetteville. The property is
relatively flat with sparse vegetation which mostly follows the property's boundary. An unnamed
tributary of the Illinois River is present on -site. Industrial structures and impervious paving
associated with the existing businesses covers nearly all of the lot's area. Surrounding land uses
and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
A, Agricultural, City of Johnson
South
Undeveloped
C-2, Thoroughfare Commercial; C-3, Central
Commercial
East
Railroad right-of-way; Undeveloped
UT, Urban Thoroughfare
West
Arkhola Sand & Gravel Co./Undeveloped
C-2, Thoroughfare Commercial; C-3, Central
Commercial
Request: The request is to rezone the property from R-A, Residential Agricultural to 1-2, General
Industrial.
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 1 of 15
Public Comment: Staff has received no public comment on the request.
INFRASTRUCTURE:
Streets: The subject property has frontage along W. Van Asche Drive and N. Roosevelt
Avenue. W. Van Asche Drive is a fully improved Regional Link Street with asphalt
paving, curb and gutter, and sidewalks. N. Roosevelt Avenue is a partially
improved Residential Link Street with asphalt paving and open ditches. Any street
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. Existing 6-inch, 8-inch, and 12-
inch water mains are present in the N. Gregg Avenue, W. Van Asche Drive, and
N. Roosevelt rights -of -way, respectively.
Sewer: Sanitary sewer is available to the subject property. An existing 30-inch main is
present along the east side of N. Gregg Avenue.
Fire: Station 4, located at 3385 N. Plainview Avenue protects this site. The property is
located approximately 1.8 miles from the fire station with an anticipated drive time
of approximately five minutes using existing streets. The anticipated response time
would be approximately 7.2 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.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a FEMA-designated floodplain.
Hydric soils are present on the subject property. They are a known indicator of
wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 2 of 15
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the west side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Tree Preservation:
The requested zoning district, 1-2, General Industrial 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 of 4-7 for this
site with a weighted score of 8. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #4, 3385 N. Plainview Avenue)
• Near Sewer Main (Mains present in the N. Gregg Avenue, W. Van Asche Drive, and N.
Roosevelt Avenue rights -of -way)
Near Water Main (30" main, N. Gregg Avenue)
Near City Park (Scull Creek Trail Corridor, Mud Creek Trail Corridor)
• Near Paved Trail (Clabber Creek Trail, Razorback Greenway)
• Near Razorback Bust Stop (Route 26 Peak)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF:
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed zoning to be mostly
compatible with surrounding land uses. Nearby properties are mostly large
and undeveloped. Arkhola Sand & Gravel Company neighbors the subject
property to the northwest, railroad right-of-way borders the property
immediately to the east, and single-family residences are present to the
southeast. The subject property received its R-A zoning designation by
default when it was annexed into Fayetteville city limits in 2010. R-A zoning
allows for manufactured homes, single- and two-family dwellings. It also
allows for commercial uses typically associated with agriculture. Despite its
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 3 of 15
current entitlements, Tune Concrete Company has occupied the site for over
25 years, predating its annexation. A concrete manufacturing facility is
typically categorized as Use Unit 23 — Heavy Industrial which is not allowed
by -right or by conditional use in its current district. The proposed zoning
district would bring the existing business into compliance with its governing
zoning regulations. Heavy Industrial is permitted by -right in 1-2 zoning as are
other activities that can be perceived as a nuisance to residential and
business uses. Gas stations, large recreation sites (amusement park, go-cart
track, drag strip, golf course, etc.), warehousing, manufacturing, centers for
collecting recyclable materials, and clean technologies are also allowed by -
right under the proposed zoning. 1-2 has no bulk and area requirements for
lot sizes and setbacks vary based on the zoning classification of adjoining
properties. Under the proposed district, front setbacks are 50 feet, side and
rear setbacks are 25 feet. There is no height limitation for structures in 1-2
zoning, though if a building exceeds two stories those portions of the
structure must have an additional setback equal to the difference between
its height and two stories.
Perhaps the most significant incongruency with 1-2 zoning is the presence
of natural features on the property. Hydric soils are present throughout the
site and a protected stream bisects the western portion of the site before
generally following the north property line between Tune Concrete and
Arkhola Sand and Gravel and eventually flowing into Mud Creek. The stream
appears to emanate from a stormwater outlet on the property to the west, at
the northeast corner of N. Roosevelt Avenue and W. Van Asche Drive. Staff
is generally not favorable to industrial zoning near sensitive areas which
may be a concern in this case. On the balance of considerations, staff finds
industrial uses at the periphery of the city and adjacent to a railroad are likely
to be among the most suitable. Staff finds the property's surrounding
context, location, and the existing 12-year non -conforming use suggest the
rezoning is mostly compatible.
Land Use Plan Analysis: Staff finds the proposed zoning to be inconsistent
with the City's future land use plans and policies. The Future Land Use Map
in City Plan 2040 designates the property within the proposed rezone as a
City Neighborhood Area. City Neighborhood areas support the widest
spectrum of uses with commercial uses being encouraged at intersections.
Conversely, the rezoning does not contribute towards a creating a
traditional, gridded neighborhood with a mix of uses. Only commercial and
non-residential uses are allowed on 1-2 properties. A moderate to high infill
score suggests the property's current R-A zoning may no longer
appropriately serve the city but it is questionable whether allowing very
intense industrial uses to continue into perpetuity fits the long-term vision
for this corridor. Rezoning to 1-2 also does not align with any goals in City
Plan 2040.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is not justified or needed to
accommodate development of the property in accordance with goals
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 4 of 15
outlined in the city's comprehensive plan. Rezoning an isolated property to
1-2 establishes entitlements for an indefinite amount of time which may lead
to compatibility issues if the area redevelops in accordance with the Future
Land Use Plan.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds rezoning to 1-2 is not likely to result in increased traffic danger or
congestion that is not supportable by the current street network. The
property is currently utilized in an industrial fashion and has access onto W.
Van Asche Drive, a Regional Link Street, and N. Roosevelt Lane, a
Residential Link Street. A 2021 Average Annual Daily Traffic count estimates
9,300 vehicle trips per day along W. Van Asche Drive, a street with a designed
service volume of 17,600 trips per day. The intersection of N. Gregg Avenue
and W. Van Asche Drive is a hot spot for vehicle collisions but only two
accidents were reported along the subject property's street frontage and
access drives. The Clabber Creek off-street trail is present along the south
side of W. Van Asche Drive and a planned trail connection runs alongside N.
Roosevelt Avenue.
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: The proposed zoning would not increase population density or impacts to
public services beyond what exists today. The property is within the Fire
Department's response time goal and has ready access to sanitary sewer
and water.
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 denial of RZN-2022-0043.
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 5 of 15
PLANNING COMMISSION ACTION: Required YES
Date: September 12, 2022 O Tabled 30 Forwarded O Denied
Motion: Johnson
Recommending UT.
Second: Brink
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.03 —District R-A, Residential Agricultural
o §161.31 — District 1-2, General Industrial
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 6 of 15
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
Unit 36
Outdoor Music Establishments
Wireless communications facilities
Clean technologies
Unit 42
(C) Density.
Units per acre One-half ('/)
(D) Bulk and Area Regulations.
Lot width minimum
Lot Area Minimum:
200 feet
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 7 of 15
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional
setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of
the building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427,
§§1(Exh. C), 2, 4-20-21)
Editor's note— 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 17
RZN-2022-0043 (TUNE & TUNE)
Page 8 of 15
161.31 - District 1-2, General Industrial
(A) Purpose. The General Industrial District is designed to provide areas for manufacturing and industrial activities
which may give rise to substantial environment nuisances, which are objectionable to residential and business
use.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit
13
Eating places
Unit
16
Shopping goods
ppg
Unit
Gasoline service stations and drive-in/drive-through
18
restaurants
Commercial recreation, large sites
Unit
�20
Unit
21
Warehousing and wholesale
Unit
22
Manufacturing
Unit
23
Heavy industrial
Unit
�25
Offices, studios, and related services
Unit
�28
Center for collecting recyclable materials
Unit
�42
Clean technologies
U nil l(Animal
43
boarding and training
Unit
46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 31
Facilities emitting odors and facilities handling explosives.
Unit 36
Wireless communications facilities
Unit 38
Mini -storage Units
Unit 39
Auto salvage and junk yards
(C) Density. None.
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 9 of 15
(D) Bulk and area regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts 1 100 feet
Front, when adjoining C, I or P districts 150 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I or P districts 25 feet
Rear 125 feet
(F) Height Regulations. There shall be no maximum height limits in 1-2 Districts, provided, however, that if a
building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the
portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of
the building, and two (2) stories.
(G) Building Area. None.
(Code 1965, App. A., Art. 5(IX); Ord. No. 2351, 6-21-77; Ord. No. 2516, 4-3-79; Ord. No. 1747, 6-29-70; Code 1991,
§160.040; Ord. No. 3971, §2, 5-21-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord. No. 5982 , §1, 6-20-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6521 , §7, 1-18-22)
Planning Commission
September 12, 2022
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 10 of 15
HALL
ESTILL
ATTORNEYS AT LAW
August 3, 2022
VIA PORTAL DELIVERY
City of Fayetteville Planning Commission and Planning Department
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Rezoning of Parcel No. 765-15773-300 & 765-15773-100;
500 N. Gregg Street
From RA to General Industrial (I-2)
Dear To Whom It May Concern:
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
This letter is in regard to rezoning parcels 765-15773-300 & 765-15773-100 from its
current designation of RA to General Industrial (I-2). The I-2 District is designed to provide areas
for manufacturing and industrial activities which may give rise to substantial environment
nuisances, which are objectionable to residential and business use. This zoning allows recycling
by right.
Further, I-2 is compatible as this property as well as the neighboring property, which is
owned by a separate entity, are currently grandfathered in for industrial functions. General
Industrial would fit into the future land use as the adjacent properties are slated to be urban center.
Lastly, this rezoning will not unreasonably affect in any adverse way the surrounding land uses.
RKR:sIt
Cc: Client
Sincerely yours,
Hall, Estill, Hardwick, Gable, Golden &
Nelson, P.C.
Is/Robert K Rhoads
Robert K. Rhoads
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C. September 12, 2022
Tulsa • Oklahoma City • Northwest Arkansas • Denver Agenda Item 17
www.hallestill.com RZN-2022-0043 (TUNE & TUNE)
Page 11 of 15
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 12 of 15
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 13 of 15
RZN-2022-0043
Current Land Use
k t
�G
Undeveloped
Regional Link
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
— — — Trail (Proposed)
r Planning Area
r _ Fayetteville City Limits
560 W. VAN ASCHE DR
V
Undeveloped
RTH
Subject Property
Z
� 14
t - .rG� a.►- t l� >
Undeveloped
4
VAN ,ASCHEI DRY
VANASCHE DR ' -
Undeveloped
t.
x
Feet
0 112.5 225 450 675 900
1:3,600
IL
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Planning Commissi n
2
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 14 of 15
RZN-2022-0043
Future Land Use
JUPITER DR
560 W. VAN ASCHE DR
W
a
U
W
W
0)
O
O
w
I NORTH
Q16.
i
� � I
1 '
� ' 1
—! L i—
Civic''and -
Pri4ate
Subject Property Open 'Space
Cii
rhood •
s
I
VAN �ASCHE1 DR VAN ASCHE DR
-WREN CIR- Residenti'aI
Neighborhpod
Urban Center '
NIGHTINGALE CIR '
REDWING-
CIR
Regional Link City Neighborhood
Neighborhood Link
Civic Institutional
Regional Link - High Activity Civic and Private Open Space
— Unclassified Industrial
Residential Link Feet Natural
Planning Area Non -Municipal Government
Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood
— — Trail (Proposed) Rural Residential
Design Overlay District '�'800 Urban Center
---• Planning Commis
Agenda Item 17
RZN-2022-0043 (TUNE & TUNE)
Page 15 of 15