HomeMy WebLinkAboutOrdinance 66360
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6636
File Number: 2022-261
RZN 22-051 (1030 S. HOLLYWOOD AVE.):
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AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-051
LOCATED AT 1030 SOUTH HOLLYWOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.61 ACRES FROM
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND P-1, INSTITUTIONAL TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units Per Acre and P-1, Institutional to CS,
Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on January 3, 2023
Approved:
Lione Jor or
Attest:
Page 1
RZN-2022-0051 1030 S. HOLLYWOOD
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Design Overlay District
Planning Area
_ ! Fayetteville City Limits
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0 75 150 300 450
1: 2, 400
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CS
EXHIBIT 'A'
RZN-2022-0051
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NORTH
Zone Current Proposed_
CS 0.0
0.6
P-4 0.3
0.0
RSF-4 0.4
0.0
Total
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EXHIBITTO
RZN-2022-0051
LEGAL DESCRIPTIONS
PARCEL # 765-12173-000
A part of the Northeast Quarter (NE %) of the Northwest Quarter (NW %) of Section Twenty (20),
Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7)
and a part of Block Numbered Four (4) in the Re -plat of Westwood Addition to the City of Fayetteville,
Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex -
Off icio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit:
Commencing at the Southwest corner of said NE % of the NW % said point being an existing stone;
thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found''/:" rebar on the East right
of way line of Hollywood Avenue; thence North 02 degrees 31 minutes 55 seconds East along said East
right of way 250.01 feet to a found %" rebar and the POINT OF BEGINNING; thence continuing North 02
degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebar with
cap COF #1514; thence leaving said East right of way line South 87 degrees 26 min utes 43 seconds West
157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds
West 70.24 feet to a found iron pin with cap ##1005; thence North 86 degrees 57 minutes 34 seconds
West 157.06 feet to the POINT OF BEGINN ING, containing 0.251 acres, more or less.
PARCEL #765-12172-000
A part of the Northeast Quarter (NE %) of the Northwest Quarter (NW %) of Section 20 (20), Township
Sixteen (16) North, Range Thirty (30) Westof the Fifth Principal Meridian, Washington County, Arkansas,
Also known as a part of Block Numbered Seven (7) in the Re -plat of Westwood Addition to the City of
Fayetteville, Arkansas, as shown upon the recorded plat on file in the land records of Washington
County, Arkansas, and being more particularly described as follows: Commencing at the Southwest
Corner of said 40 acre tract, said point being an existing stone monument; thence South 88 degrees 50
minutes 34 seconds East 199.79 feet to an existing magnetic nail on the East right-of-way line of
Hollywood Avenue; thence North 0 Degrees 38 minutes 13 seconds East 150.18 feet along said right-of-
way line to an existing iron rebar forthe true point of beginning; thence North 0 degrees 32 minutes 4
seconds East 99.81 feet to an existing iron rebar; thence South 88 degrees 57 minutes 19 seconds East
157.28 feet to an existing iron rebar; thence South degrees 48 minutes 58 seconds West 100.00feetto
an existing iron rebar; thence North 88 degrees 53 minutes 11 seconds West 156.79 feet to the point of
beginning, containing 0.36 acres, more or less,
Washington County, AR
I certify this instrument was filed on
01/20/2023 03:24.23 PM
and recorded in Real Estate
File Number 2023-00001843
Kyle Sylvester - Circu@ Clerk
by
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF JANUARY 3, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
DATE: December 15, 2022
SUBJECT: RZN 22-051 (1030 S. HOLLYWOOD AVE.)
RECOMMENDATION:
CITY COUNCIL MEMO
2022-261
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-051
LOCATED AT 1030 SOUTH HOLLYWOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.61 ACRES
FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND P-1, INSTITUTIONAL TO CS,
COMMUNITY SERVICES
BACKGROUND:
The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr. Boulevard and
approximately .25 miles east of 1-49. The area in question contains two lots, parcels 765-12173-000 and 765-
12172-000, the first of which was acquired by the applicant from the City of Fayetteville on September 23,
2022 for $80,085.00 per City Council resolution 197-22. The property is currently developed with a single-
family dwelling that was constructed in 1993, and is zoned RSF-4, Residential Single -Family, 4 Units per Acre,
and P-1, Institutional. The street has recently seen other rezoning activity with other portions of the block being
rezoned to CS, Community Services as recently as October 2020 and December 2020.
Request: The request is to rezone both parcels to CS, Community Services. The applicant has not submitted
any specific development plans to City staff.
Public Comment: Staff has not received any public comment on the request.
Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. The property is
well -served by ample city -services, such as Fire Station #6 approximately 300 feet to the north, as well as
water and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-La-Gi Trail, a paved trail that
offers connections to the wider network of trails throughout the city and region borders the property to the east.
The property is also close to a commercial shopping center to the west, multi -family to the south, and a large
acreage of CS -zoned property to the east. Rezoning the property as requested would bring the property into
better compatibility with the surrounding land uses than maintaining the current zoning district.
Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040,
adopted land use policies, and the future land use designation for this location. This area is designated as an
Urban Center, which encourages high density, mixed -use structures to allow people to live, work, and shop in
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the same area. Staff finds that this rezone request closes the gap between commercial- and high -density
zoning and brings the area into compliance with City Plan 2040. The infill score for the property is also high,
much in response to the available alternative transportation networks through proximity to trails and public
transportation lines. Encouraging a form -based district in the area also allows for a higher scrutiny of design
standards than would typically be involved with more traditional commercial zoning districts in the City of
Fayetteville, such as C-1 or C-2, and the build -to -zone requirement allows for more walkable development
forms.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8-9 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near Sewer Main (6", S. Hollywood Avenue)
• Near Water Main (6", S. Hollywood Avenue)
• Near Public School (Ramay Jr. High School)
• Near University of Arkansas Campus (Located within 1/2 mile)
• Near City Park (Greathouse Park)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near Razorback Bus Stop (Route 48)
• Appropriate Future Land Use (Urban Center Area)
DISCUSSION:
At the December 12, 2022 Planning Commission meeting, members of the Planning Commission voted to
forward the item to City Council with a recommendation of approval with a vote of 8-0-0. Commissioner
Winston made the motion and Commissioner Brink seconded. Commissioners offered little comment, finding
that the request was compatible with the future land use map and city goals for the area. No members of the
public offered any comment on the request.
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'.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: RZN-2022-0051 SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Ord RZN 22-
051 1030 HOLLYWOOD RSF4 AND P1 TO CS
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0261
File ID
1/3/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/16/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0051: Rezoning (1030 S. HOLLYWOOD AVE/PAYNELESS, LLC, 559): Submitted by PAYNELESS, LLC for
property located at 1030 S. HOLLYWOOD AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and P-1, INSTITUTIONAL and contains approximately 0.61 acres. The request is to
rezone the two subject properties to CS, COMMUNITY SERVICES.
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:
RZN-2022-0051 1030 S. HOLLYWOOD
Close Up View AVENUE
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Design Overlay District
r ; Planning Area
Fayetteville City Limits
Subject Property
I•
Feet
0 75 150 300 450 600
1:2,400
CS
EXHIBIT 'A'
RZN-2022-0051
,J&
NORTH
Zone Current Proposed
CS 0.0 0.6
P-1 0.3 0.0
RSF-4 0.4 0.0
Total 0.6 ac
EXHIBIT'B'
RZN-2022-0051
LEGAL DESCRIPTIONS
PARCEL #765-12173-000
A part of the Northeast Quarter (NE %) of the Northwest Quarter (NW %) of Section Twenty (20),
Township Sixteen (16) North, Range Thirty (30) West, also known as part of Block Numbered Seven (7)
and a part of Block Numbered Four (4) in the Re -plat of Westwood Addition to the City of Fayetteville,
Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-
Officio Recorder of Washington County, Arkansas, more particularly described as follows, to -wit:
Commencing at the Southwest corner of said NE % of the NW % said point being an existing stone;
thence South 86 degrees 57 minutes 34 seconds East 200.13 feet to a found %2" rebar on the East right
of way line of Hollywood Avenue; thence North 02 degrees 31 minutes 55 seconds East along said East
right of way250.01 feettoa found%" rebar and the POINT OF BEGINNING; thence continuing North 02
degrees 31 minutes 55 seconds East along said East right of way line 68.91 feet to a set 5/8" rebarwith
cap COF #1514; thence leaving said East right of way line South 87 degrees 26 minutes 43 seconds West
157.35 feet to a set 5/8" rebar with cap COF #1514; thence South 02 degrees 46 minutes 26 seconds
West 70.24 feet to a found iron pin with cap #1005; thence North 86 degrees 57 minutes 34 seconds
West 157.06 feet to the POINT OF BEGINN ING, containing 0.251 acres, more or less.
PARCEL #765-12172-000
A part of the Northeast Quarter (NE %) of the Northwest Quarter (NW %) of Section 20 (20), Township
Sixteen (16) North, Range Thirty (30) Westof the Fifth Principal Meridian, Washington County, Arkansas,
Also known as a part of Block Numbered Seven (7) in the Re -plat of Westwood Addition to the City of
Fayetteville, Arkansas, as shown upon the recorded plat on file in the land records of Washington
County, Arkansas, and being more particularly described as follows: Commencing at the Southwest
Corner of said 40 acre tract, said point being an existing stone monument; thence South 88 degrees 50
minutes 34 seconds East 199.79 feet to an existing magnetic nail on the East right-of-way line of
Hollywood Avenue; thence North 0 Degrees 38 minutes 13 seconds East 150.18 feet along said right-of-
way line to an existing iron rebar for the true point of beginning; thence North 0 degrees 32 minutes 4
seconds East 99.81 feet to an existing iron rebar; thence South 88 degrees 57 minutes 19 seconds East
157.28 feetto an existing iron rebar; thence South 0 degrees 48 minutes 58 seconds West 100.00 feetto
an existing iron rebar; thence North 88 degrees 53 minutes 11 seconds West 156.79 feet to the point of
beginning, containing 0.36 acres, more or less.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: December 12, 2022 Updated with PC hearing results from 12/12/2022
SUBJECT: RZN-2022-0051: Rezoning (1030 AND 1038 S. HOLLYWOOD
AVE/PAYNELESS, LLC, 559): Submitted by PAYNELESS, LLC for
property located at 1030 AND 1038 S. HOLLYWOOD AVE. The properties
are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and P-1, INSTITUTIONAL and contains approximately 0.61 acres.
The request is to rezone the two subject properties to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0051 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0051 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on S. Hollywood Avenue, south of W. Martin Luther King Jr.
Boulevard and approximately .25 miles east of 1-49. The area in question contains two lots,
parcels 765-12173-000 and 765-12172-000, the first of which was acquired by the applicant from
the City of Fayetteville on September 23, 2022 for $80,085.00 per City Council resolution 197-22.
The property is currently developed with a single-family dwelling that was constructed in 1993,
and is zoned RSF-4, Residential Single -Family, 4 Units per Acre, and P-1, Institutional. The street
has recently seen other rezoning activity with other portions of the block being rezoned to CS,
Community Services as recently as October 2020 and December 2020. Surrounding land uses
and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Institutional/Fire Station #6
P-1, Institutional
South
Single -Family Residential
CS, Community Services
East
Parking Lot
CS, Community Services
West
Single -Family Residential
CS, Community Services
Request: The request is to rezone both parcels to CS, Community Services. The applicant has
not submitted any specific development plans to City staff.
Public Comment: Staff has not received any public comment on the request.
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 1 of 12
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along east side of S. Hollywood Avenue, which is a
partially improved Neighborhood Link street with asphalt paving and open ditches.
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 6-inch water main is
present on the east side of S. Hollywood Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is
present on the west side of S. Hollywood Avenue.
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 6, located at 990 S. Hollywood Ave., protects this site. The property is
located approximately 0.09 miles from the fire station with an anticipated drive time
of approximately 1 minutes using existing streets. The anticipated response time
would be approximately 3.2 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, nor within a FEMA floodplain. There are no protected streams on
the subject property.
There are hydric soils present on the southeast side of the property. 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.
Tree Preservation:
The existing zoning districts of P-1, Institutional and RSF-4, Residential Single -
Family, 4 Units per Acre both require 25% minimum canopy preservation. The
requested zoning district of CS, Community Services requires 20% minimum
canopy preservation.
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 2 of 12
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Urban Center Area.
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 score of 8-9 for this
site, with a weighted score of 11. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near Sewer Main (6", S. Hollywood Avenue)
• Near Water Main (6", S. Hollywood Avenue)
• Near Public School (Ramay Jr. High School)
• Near University of Arkansas Campus (Located within 1/2 mile)
• Near City Park (Greathouse Park)
• Near Paved Trail (Tsa-La-Gi Trail)
• Near Razorback Bus Stop (Route 48)
• 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: Staff finds the request to be compatible with
surrounding land uses. The property is well -served by ample city -services,
such as Fire Station #6 approximately 300 feet to the north, as well as water
and sewer currently located in S. Hollywood Avenue. Additionally, the Tsa-
La-Gi Trail, a paved trail that offers connections to the wider network of trails
throughout the city and region borders the property to the east. The property
is also close to a commercial shopping center to the west, multi -family to the
south, and a large acreage of CS -zoned property to the east. Rezoning the
property as requested would bring the property into better compatibility with
the surrounding land uses than maintaining the current zoning district.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This area is designated as an Urban Center,
which encourages high density, mixed -use structures to allow people to live,
work, and shop in the same area. Staff finds that this rezone request closes
the gap between commercial- and high -density zoning and brings the area
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 3 of 12
into compliance with City Plan 2040. The infill score for the property is also
high, much in response to the available alternative transportation networks
through proximity to trails and public transportation lines. Encouraging a
form -based district in the area also allows for a higher scrutiny of design
standards than would typically be involved with more traditional commercial
zoning districts in the City of Fayetteville, such as C-1 or C-2, and the build -
to -zone requirement allows for more walkable development forms.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from P-1 and RSF-4 to CS is justified to meet the goals of City Plan
2040, such as goal #1 of added appropriate infill, and goal #3 of compact,
complete, and connected development.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property as the applicant is requesting would not likely
appreciably increase traffic danger or congestion. The property has access
to alternative transportation through the existing trail and a Razorback
transit stop. Further, given the size, the number of units that could
reasonably be added would not negatively impact traffic congestion.
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 P-1 and RSF-4 to CS would not undesirably
increase the load on public services. This area has been 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-2022-0051.
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 4 of 12
PLANNING COMMISSION ACTION: Required YES
Date: December 12, 2022 O Tabled 04 Forwarded O Denied
Motion: Winston with a recommendation of
approval
(Second: Brink
vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.32 District P-1, Institutional
o §161.22 -Community Services
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.32 District P-1, Institutional
(A) Purpose. The Institutional District is designed to protect and facilitate use of property owned by larger public
institutions and church related organizations.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
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 26
Multi -family dwellings
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 5 of 12
Front
30 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Side
20 feet
Side, when contiguous to a residential district
25 feet
Rear
25 feet
Rear, from center line of public alley
10 feet
(F) Height Regulations. There shall be no maximum height limits in P-1 Districts, provided, however, 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. On any lot the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1965, App. A., Art. 5(XI); Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991,
§160.042; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5073, 11-06-07; Ord. No. 5195, 11-6-
08; Ord. No. 5312, 4-20-10; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015,
§1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6521 , §8, 1-18-22)
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the
purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this
zoning district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
1 Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping goods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 6 of 12
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord.
No. 6427 , §§l (Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
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
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 7 of 12
November 14, 2022
City of Fayetteville
Planning and Zoning Department
113 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Application for 1030 S Hollywood Avenue in Fayetteville, AR 72701
To whom it may concern,
I am writing this letter as part of the rezoning application for 1030 S Hollywood Avenue in Fayetteville,
Arkansas 72701. The property is currently zoned RSF-4 & P-1 and I am requesting the city change the
zoning classification to Community Services (CS). The proposed zoning is compatible with existing land
uses, particularly to the south and east where The University House, The Cottages and Aspen Heights
apartments are located. The southern portion of this land and the property across the street were both
rezoning to CS in 2020. 1 feel that changing the zoning classification will conform to the surrounding
zoning and use plans and should not adversely affect or conflict with surrounding properties in any way.
I appreciate your assistance.
Sincerely,
Payne Phillips
Planning Commission
December 12, 2022
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 8 of 12
RZN-2022-0051 1030 AND 1038 S. A&
One Mile View HOLLYWOOD AVE NORTH
0 0.13 0.25 0.5 Miles
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r Planned Neighborhood Link
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PLANNED ZONING DISTRICTS
Design Overlay District
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` Fayetteville City Limits
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� Fayetteville City Limits _ _ _
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Ina -Running Commissi n
2
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 9 of 12
RZN-2022-0051
Close Up View
1030 AND 1038 S.
HOLLYWOOD AVE
I-1
PASADENA L•NK
\ C_2 RSF-4
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Residential Link
— — — Trail (Proposed)
Design Overlay District
r ; Planning Area
Fayetteville City Limits
Subject Property
I•
Feet
0 75 150 300 450 600
1:2,400
CS
,J&
NORTH
Zone Current Proposed
CS 0.0 0.6
P-1 0.3 0.0
RSF-4 0.4 0.0
Total 0.6 ac
Planning Comm
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 10 of 12
RZN-2022-0051 1030 AND 1038 S. HOLLYWOOD
Current Land Use AVE
a_
_ NORTH
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r ' 1 Planning Area
0 112.5 225 450 675 900
Fayetteville City Limits
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Planning Commissi n
41,2
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 11 of 12
RZN-2022-0051
Future Land Use
1030 AND 1038 S.
HOLLYWOOD AVE
\ PHIL•L.IP DV�
\ Civic
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—OLD FARMINGTON RD 9
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LNK
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t \ PARNELL-DR '
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■ 1 Planned Neighborhood Link
1 Planning Area
1 Fayetteville City Limits
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Design Overlay District
NORTH
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w �
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Feet
0 145 290 580 870 1,160
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Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban CenterPlanning Comm
Agenda Item 5
RZN-2022-0051 (PAYNELESS)
Page 12 of 12
ORDINANCE NO.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-051 LOCATED AT 1030 SOUTH HOLLYWOOD AVENUE IN WARD 1 FOR
APPROXIMATELY 0.61 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE AND P-1, INSTITUTIONAL TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -
Family, 4 Units Per Acre and P-1, Institutional to CS, Community Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
RECEIV+
JAN 17 2C3
,t RKA�
CITY OF FAYE TEVILLE
CItt CLERKS OFFICE
[L.11
�NsoRTxwEsT
1r-aze
File Number 2022-261
1✓7Yy }L �/ U a
S.H
RZN 22-051 (1030 S.HOLLYWOOD
✓emocn
{]4rl
AVEJ:
REZONE THAT
AN ORDINPROPERTY
c
S RI
PROPERTY DESCRIBE DM
DESCRIBED
`CCM
REZONED PETITION 22-051
SRZKOUTH
HOCATED LLYWOOT AVEN030 UE
1
FOLLYWOODAVENUEMWARD
FOR APPROXIMATELY 0.61 ACRES
AFFIDAVIT OF PUBLICATION
FROM RSF4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER
1, Paola Loa do Solemnlyswear that I am the Accounting Legal Clerk of the Y THE cs COMMUNITY SERVICES
P Z' g g BE IT ORDAINED SE THE CITY
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
COUNCB. OF THE CITY OF
published in said County, State of Arkansas; that I was so related to this
FAYETTEVILLE, ARKANSAS:
publication at and during the publication of the annexed legal advertisement
Section 1: That the City Council of dw
City of Fayetteville, Arkansas hereby
the matter of: Notice pending in the Court, in said County, and at the dates of
changes the zone class ficenion of [I
the several publications of said advertisement stated below, and that during said
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
periods and at said dates, said newspaper was printed and had a bona fide
both enached to the Planning
circulation in said County; that said newspaper had been regularly printed and
Departments Agenda Memo from RSF-
4, Residential Single -Family, 4 Units Pe
published in Cand had a bona fide circulation therein for the period of
P n said County, p
Acre and P-stitu mar to CS,
L In
one month before the date of the first publication of said advertisement; and that
Community Services.
Semwn 2: Tharthe city council mf the
said advertisement was published in the regular daily issues of said newspaper
City of Fayetteville, Arkansas hereby
as stated below.
amends the official inning map ofthe
City of Faya1 viIIe m reflect the zoning
change provided in section 1.
City of Fayetteville
PASSED and APPROVED on January
3, 2023
Ord. 6636
Approved:
Lioneld Jordm Mayor
Attest
Was inserted in the Regular Edition on:
Kam Paxton, City Clerk Treasurer
This publication was paid for by the CA,
January 11, 2023
Clerk -Treasurer ofthe City of
Fayetteville, Arkancns.
Publication Charges: $78.00
Amount paid: S'/8.00
75"1313 Jam 11, 2022
Paola Lopez
Subscribed and swom to before me
This 11 day of:QYI, 2023.
A4��—
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
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hool 32
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