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HomeMy WebLinkAboutOrdinance 6669I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 021161930029 Type: R
Kind: ORDEL
INANCE
Recorded: 07/06/2023 at 03:46:17 PM
Fee Amt. $155.00 Paqe 1 of 29
Washington County, AR
Kyle Sylvester Circuit Clerk
File2023-0001 / 259
File Number: 2023-776
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6669
ARCH IVEL
PLANNED ZONING DISTRICT-2023-0002: (SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD AND
S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596):
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED PZD-2023-002
FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF WEST MARTIN LUTHER KING, JR.
BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD I
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 approves PZD-2023-02 as described in
Exhibits "A", "B" and "C" attached to the Planning Division's Agenda Memo which allows the development of 2.93
acres for residential units, 0.49 acres for parkland dedication, and 1.07 acres for primarily natural preservation.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to reflect the zoning
criteria change provided in Section 1 above.
PASSED and APPROVED on June 6, 2023
Page 1
Attest:
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Kara Nxton, City C c Treasurer
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 6, 2023
CITY COUNCIL MEMO
2023-776
TO:
Mayor Jordan and City Council
THRU:
Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM:
Jessica Masters, Development Review Manager
DATE:
SUBJECT:
PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING
JR BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596): Submitted
by GAVIN SMITH for property located SOUTHEAST OF W. MARTIN LUTHER KING JR
BLVD AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A,
RESIDENTIAL AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN
THOROUGHFARE and contains approx. 5.59 acres. The request is to rezone 4.49
acres of the property to a PLANNED ZONING DISTRICT.
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 located in west Fayetteville, southeast of the intersection of W. Martin Luther King Jr.
Blvd and S. Rupple Road. While a leg of the overall property has frontage along W. Martin Luther King Jr. Blvd,
the area in question is about 300 feet south without access to a public street. Undeveloped and mostly covered
in tree canopy, there is an approximately 7% slope upward as the portion of the property in question moves
south. The entire property is outside of the Hillside Hilltop Overlay District.
Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District with three
Planning Areas, as described below:
Planning Area #1 — 2.93 acres: The intention of this planning area is to provide cabin -style single-
family homes at a maximum density of 10 units per acre that are clustered and concentrated to leave
additional room in the planning area for parking, detention, and utilities. The allowable uses are similar
to but more limited than those allowed in other single-family zoning districts such as RSF-4 or NC,
Neighborhood Conservation.
Planning Area #2 — 0.49 acres: This planning area is intended for parkland dedication. The area in
question currently includes a portion of a downhill mountain biking trail. Parkland dedication would be
required to be evaluated by the Parks and Recreation Advisory Board, and a full evaluation of its
suitability for City acquisition would take place during the large-scale development process. The
permitted uses are similar to those in the P-1, Institutional zoning district.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Planning Area #3 — 1.07 acres: This planning area is intended for natural preservation. There are
limited uses permitted, but it does allow for cultural and recreational facilities and other city-wide uses
by right.
Public Comment: Staff received minimal public comment on the request, limited primarily to inquiries, and no
comments of outright support or opposition. No public comment was offered at the Planning Commission
meeting.
Land Use Compatibility: Staff finds the applicant's request to be compatible with existing surrounding land
uses. While zoned for higher entitlements generally, the area in question is minimally developed and well -
forested. The applicant's request reflects an incremental increase in density and intensity that both respects
the natural features of the site (the slope into Kessler Mountain), while also leaving room at the northern
portion of the site for higher intensity uses allowable by -right in its current zoning district. The separation of the
PZD into three planning areas indicates a specific intention to work within the confines of existing amenities on
the site, including a mountain bike trail that runs into the adjacent property to the west. That same property is
also pending transfer to the City of Fayetteville Parks and Recreation Department. The proposed use of single-
family cabins is architecturally compatible with the surrounding environment as well. The applicant's request
would also allow for short-term rentals. However, since the overall planned zoning district is strictly residential
and does not include any commercial or mix of uses, staff finds that any cabins that would like to pursue a
short-term rental would require a conditional use permit.
Land Use Plan Analysis: Staff finds that the request is consistent with the City's land use and zoning plans.
Recently, the City Council adopted a new street section for Smokehouse Trail to incorporate on -street parking
to the adjacent mountain biking trails, including the Fayetteville Traverse. Further, the proposal respects the
Future Land Use map distinction by leaving the existing UT zoning as is, to allow for higher intensity uses in
the future. Staff finds that the proposal meets City Plan 2040 goals by making appropriate infill a high priority;
the infill score for the site is currently quite low, so inserting single-family cabins in the area acts as a good
transitional development to future high -density development. The proposal also capitalizes on proximity to the
trail network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a low infill score for the subject
property of 4. The elements vary by the area of the property being considered, and include the following:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near City Park (Centennial Park)
• Near Paved Trail (S. Rupple Road)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the May 8, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a
recommendation of approval, with conditions as recommended by staff. Commissioner Garlock made the
motion and Commissioner Brink seconded. Conversation on the item centered mostly around whether short-
term rentals would need a conditional use permit in the PZD, and staff explained that short-term rentals are
typically permitted by -right in every zoning district since Type is (owner -occupied) are always allowed where
there are residential uses, and that Type 2s (permanent short-term rentals) would need to acquire a conditional
use permit. Commissioner Brink felt that the smaller house type may lend itself to a short-term rental use,
though was compatible with the surroundings , and Commissioner Garlock commented that the smaller
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
housing type met a specific housing need. In the intervening time between the Planning Commission meeting
and the City Council meeting, the applicant made minor changes to the PZD booklet as recommended by staff,
and also moved all short-term rentals, or STRs, to a conditional use in Planning Area 1. Commissioners in
favor found that the level of development was incremental in nature, and there were no votes in opposition. No
members of the public spoke during the meeting.
BUDGET/STAFF IMPACT:
ATTACHMENTS: SRF, Exhibit A, Exhibit B, PZD Booklet, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City Of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-776
PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING JR
BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT KESSLER, 596): Submitted by
GAVIN SMITH for property located SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD
AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A, RESIDENTIAL
AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN THOROUGHFARE and
contains approx. 5.59 acres. The request is to rezone 4.49 acres of the property to a PLANNED
ZONING DISTRICT.
AN ORDINANCE TO APPROVE A RESIDENTIAL PLANNED ZONING DISTRICT ENTITLED
PZD-2023-002 FOR APPROXIMATELY 4.49 ACRES LOCATED SOUTHEAST OF WEST
MARTIN LUTHER KING, JR. BOULEVARD AND SOUTH SMOKEHOUSE TRAIL IN WARD 1
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 approves PZD-2023-02 as
described in Exhibits "A", `B" and "C" attached to the Planning Division's Agenda Memo which allows
the development of 2.93 acres for residential units, 0.49 acres for parkland dedication, and 1.07 acres for
primarily natural preservation.
Section 2: That the official zoning map of the City of Fayetteville, Arkansas is hereby amended to
reflect the zoning criteria change provided in Section 1 above.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-776
Item ID
6/6/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/19/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN LUTHER KING JR BLVD AND S. SMOKEHOUSE
TRAIL/SWEET BAY AT KESSLER, 596): Submitted by GAVIN SMITH for property located SOUTHEAST OF W. MARTIN
LUTHER KING JR BLVD AND S. SMOKEHOUSE TRL. In WARD 1. The property is split zoned R-A, RESIDENTIAL
AGRICULTURAL, CS, COMMUNITY SERVICES, and UT, URBAN THOROUGHFARE and contains approx. 5.59 acres. The
request is to rezone 4.49 acres of the property to a PLANNED ZONING DISTRICT.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
PZD-2023-0002 W. MARTIN LUTHER KING JR EXHIBIT'A'
Close Up View B LV D AND S . SMOKEHOUSE PZD-2023-0002
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Regional Link
Regional Link - High Activity
Residential Link
Hillside -Hilltop Overlay District
~ Planning Area
_ ! Fayetteville City Limits
-- Shared -Use Paved Trail
— — — Trail (Proposed)
0 75 150
Subject Property
Feet
300
1:2,400
R-A
450
CS
--HANSHEW RD
Residential -Agricultural
RSF-4
C-1
■ Urban Thoroughfare
600 Community Services
EXHIBIT 'B'
PZD-2023-0002
Bates,
Associates.inc.
rCivil Engineering ;_& Surveying
7230 S. Pleasant Ridge Dr / Fayetteville, AR 72704
PH: 479-442-9350 / www.batesnwa.com
March 8, 2023
RE: Legal description of an area of land for a PZD on a portion of "Adjusted Tract 2" from
Property Line Adjustment survey 2021-33895
LEGAL DESCRIPTION FOR PZD:
A PART OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION 24,
TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT
AN EXISTING STONE MARKING THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AND RUNNING
THENCE ALONG THE SOUTH LINE THEREOF N87036'10"W 96.00' TO AN EXISTING
REBAR, THENCE LEAVING SAID SOUTH LINE N01 °55'39"E 436.64', THENCE
N76015'06"E 166.64', THENCE SO1°54'39"W 2.06', THENCE S78°55'38"E 147.57', THENCE
S30052'00"E 293.27', THENCE SO1'55' 11 "W 213.44' TO THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24,
THENCE ALONG SAID SOUTH LINE N87036'10"W 369.02' TO THE POINT OF
BEGINNING, CONTAINING 4.49 ACRES, MORE OR LESS. SUBJECT TO ALL
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
Sweet Bay @ Kessler Residential Planned Zoning District
Sweet Bay @ Kessler
Revised 51812023
A: Ownership:
D&B of Northwest Arkansas, LLC
PO Box 1146
Farmington, AR 72730
B. Scope & Project
Proiect Descriotion:
The total property is 5.59 acres. The Planned Zoning District is for the rear 4.49 acre portion of the
property. Currently the property, roughly a boot shape, includes 3 different zonings. The front of the
project lot borders MILK and is zoned as UT: Urban Thoroughfare; 1.10 acres (19.7%). The middle portion
is zoned CS: Community Services; 2.69 acres (48.1%). The rear of the Project is zoned R-A: Residential -
Agricultural; 1.80 acres (32.2%).
This proposal only unifies and rezones the back 2 sections, from CS and R-A to RPZD. The front portion
will remain UT and be developed for a commercial use appropriate to the frontage. The purpose of this
Rezone is to uniformly develop the back portion of the site. Currently the small portion of land at the rear
has less than the minimum 2 acres for even a single home. Every effort has been made to tone down the
development style of the proposal towards a balanced use of the forested toe of Kessler Mountain.
Scope:
(25) cabin like single family residences and associated roads, parking, natural spaces, and public utilities
C. General Project Concept
Site Major Elements Considerations:
i. Flexibility —This proposal offers an alternative not available directly though other zoning. By
squeezing the parking areas together and distributing the houses on only those portions of land
suitable for construction without regard to street frontage, this plan utilizes the site for a
residential use, while maximizing and preserving the maximum amount of natural space.
ii. Compatibility —The surrounding properties are undeveloped, with a high development
possibility to the north and a low possibility to the south. This project incorporating a medium
density with an emphasis on tree preservation and natural space serves as a gradual
transitional area between the undeveloped forest of Mount Kessler and the intense corridor of
M LK.
iii. Harmony — Several design considerations for this project were tree preservation and
maintaining the character of the land including the medium mature woodlands and transitional
ecological succession character of the former farmland.
iv. Variety —This PZD offers variety because it includes a preservation approach for the onsite
wooded drainage channels, includes a preservation area around the existing bike trail, and
includes several small pods of houses that each have a group orientation to create 4 to 5
separate micro communities.
v. No negative impacts —This project does not create negative impacts for future developments
on adjacent properties. The natural drainage pattern changes and other changes are mitigated
within the boundary of the site.
vi. Coordination —The neighboring property owners were all introduced to the project and given
an opportunity to discuss the project. Several meetings were held with the owner of the corner
property to discuss access. Both the trailblazer group (current owner) and the Fayetteville parks
department were approached and invited to give input on the design and location of the PZD
proposal. A loose association of the residential neighbors in the nearest neighborhood were
Sweet Bay @ Kessler Residential Planned Zoning District
contacted. A presentation was given to them about the proposed development and a
subsequent input session to hear their opinions.
vii. Open space —This proposal includes several natural areas adjacent to streams and focuses
small clusters of residential units around shared open space and tight porch paths and orients
the rears toward natural areas creating a front porch community feel. Neighbors must pass
their neighbors' front doors on the way to their cars but can also find privacy.
viii. Natural features — Several natural intermittent channels and trees occupy the site. These areas
are left as they are. Tree Preservation is discussed below.
ix. Future Land Use — Please see item J discussed below.
x. Special Features —This land is currently undeveloped. The site is now wooded but was
previously farmland. The land is currently not utilized.
xi. Recognized Zoning Considerations —There are no recognized zoning considerations for this site.
Streets
Streets are 26' wide asphalt.
Trail and Pedestrian Connectivity
A proposed section of the trail would come to the site where it borders MLK giving residents direct access
to the greenway system. The immediate trail connectivity would make car -less bicycle living feasible for
the adventurous.
4. Lot Layout
This project is conceived as a single owner rental project without any proposed subdivision of lots.
Undisturbed Natural Buffer areas
The existing intermittent runoff channels on the site were carefully avoided and buffered against
development. Trees adjacent to and in the channels have been left in place. Stream crossings are minimal
and situated perpendicular for minimum disturbance.
Tree Preservation Areas
A giant and ancient oak tree was immediately identified as a critical tree for preservation. Many aspects
of the unconventional layout of the site can be traced directly back to this tree and centering the
development around it. Tree preservation areas are also intermittent channel buffering areas. The site
layout was predicted to avoid work in and near the channels and preserving tree cover in a strip around
the channels. PZDs require 25% of the canopy to be preserved. This proposal preserves slightly more than
30% as presented.
Stormwater Detention Areas and Drainage
Stormwater detention is achieved using porous gravel reservoirs situated beneath permeable paver
parking areas. For greater rainstorm events like to the 50 and 100 year storms the parking lot is also
designed to hold up to 6" of water, which is a great enough quantity to attenuate storm flows, but not
enough to flood cars or damage property. Preliminary stormwater models show that the site as designed
provides the required stormwater detention and water quality treatment required by the Drainage
Sweet Bay @ Kessler Residential Planned Zoning District
Criteria Manual. Stormwater calculations and design will be verified and reviewed as part of a subsequent
large-scale development, so while the presented design accounts for stormwater, the city will have
additional opportunities for comment, review, and approval.
Fire Access and Fire Code
The cabins and roads as shown in the proposed exhibit meet all applicable requirements for fire
apparatus access. The roads are 26' wide. Turn radii are 28' or greater. Road length from Appendix D
compliant turn-arounds are 150' or less. Two separate fire access roads connect the site to the street
system, one at the front of the site to MLK and a second proposed drive connecting to Smokehouse Trail
to the west.
Site Grading
The parking lots are situated parallel to the natural contours so that slight cut grading up hill and fill
grading downhill allows the parking to the flat and double as detention areas. Each cabin is conceived as
an elevated slab that preserves the adjacent native grade. Connection paths would be at grade.
Necessarily flat areas to connect ADA parking to ADA units are situated on the lower parking area where
the native grade is natural much flatter. This technique of following the contours for the graded elements
reduces the amount of site grading and soil disturbance usually associated with a development of this size
and density.
Sweet Bay @ Kessler Residential Planned Zoning District
D. Site Areas
Figure 1 - Site Area of Current Zoning
Figure 2 - Site Area of Proposed PZD
Sweet Bay @ Kessler Residential Planned Zoning District
E. Existing & Proposed Zoning Standards
Existing RA
Existing CS
Proposed Planning area 1—Single Family Residential
Proposed Planning Area 2 — Parkland Dedication
Proposed Planning Area 3 — Preservation Area
4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
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.
City-wide uses by right
Public protection and utility facilities
Animal hi ichnnrim/
(2) Conditional Uses.
Unit 2 1 City-wide uses by conditional use permit
Unit 4 1 Cultural and recreational facilities
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4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Clean technologies
Unit 42
(C) Density.
Units per acre One-half (112)
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area Der dwellinLy unit
2 acres
(E) Setback Requirements.
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2/3
4/27/23, 5:26 PM
Fayetteville, AR Code of Ordinances
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) Buildingarea. 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. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
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4/27/23, 5:25 PM
161.22 - Community Services
Fayetteville, AR Code of Ordinances
(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 1 City-wide uses by right
Unit 4 1 Cultural and recreational facilities
Unit 5 1 Government facilities
Unit 8 1 Single-family dwellings
Unit 9 1 Two-family dwellings
Unit 10 1 Three (3) and four (4) family dwellings
Unit 13 1 Eating places
Unit 15 1 Neighborhood Shopping goods
Unit 24 1 Home occupations
Unit 25 1 Offices, studios and related services
Unit 26 1 Multi -family dwellings
Unit 40 1 Sidewalk Cafes
Unit 41 1 Accessory dwellings
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4/27/23, 5:25 PM
Fayetteville, AR Code of Ordinances
Unit 44 1 Cluster Housing Development
Unit 45 1 Small scale production
Unit 46 1 Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses
shall need approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through restaurants
Unit 19
Commercial recreation, small sites
Center for collecting recyclable materials
Liquor stores
Outdoor music establishments
Wireless communication facilities*
Unit 28
Unit 34
Unit 35
Unit 36
Unit 42
Clean technologies
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4/27/23. 5:25 PM
Fayetteville, AR Code of Ordinances
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling
All others
(2) Lot Area Minimum. None.
18 feet
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: I None
Side or rear, when contiguous to a single- 15 feet
family residential district:
(F) Building Height Regulations.
Building Height Maximum 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
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4/27/23. 5:25 PM
Fayetteville, AR Code of Ordinances
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No.
5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord.
No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409
§1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Editor's note— Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
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RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 1 Single Family Residential Area.
(A) Purposes. The purpose of this planning area is to provide single family living in a manner
that increases community interaction by clustering houses and minimizing
ecological disturbance by concentrating parking, detention, and utilities. This
PZD creates a buffer between the low density and mostly undeveloped slope of
Kessler Mountain and the high intensity of the rapidly growing MLK corridor
connecting Fayetteville and Farmington.
(B) Uses
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 24
Home occupations
Unit 46
Short-term rentals
(C) Density
Units Per Acre 10
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
15 feet
15 feet
15 feet
(F) Height Requirments.
3 stories
(G) Building Area.
None
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 2 Park Land Dedication Area
(A) Purposes. The purpose of this planning area is to create an area of park land. This area
includes a part of a trailblazers downhill mountain biking trail. Trailblazers is
currently in the process of donating the adjacent property to the city for the use
of a downhill mountainbiking park. This area is proposed to be dedicated to the
City during the large scale development of the subject property for this PZD.
(B) Uses
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Faclities
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 36
Wireless communication facilties
Unit 42
Clean technologies
(C) Density
Units Per Acre N/A
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
30 feet
20 feet
25 feet
(F) Height Requirments.
There shall be no maximum height limit 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.
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 3 Natural Preservation Area
(A) Purposes. The purpose of this planning area is to create a buffer around the existing onsite
drainage channels. This area is inlcusive of the high priority preservation Post
oak tree.
(B) Uses
(1) Permitted Uses.
(C)
Jnit 1 City-wide uses by right
Jnit 4 Cultural and recreational facilities
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 42
Clean technologies
Units Per Acre I N/A
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
30 feet
20 feet
25 feet
(F) Height Requirments.
There shall be no maximum height limit 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.
Sweet Bay @ Kessler Residential Planned Zoning District
F. Site Analysis
The site is covered evenly by a mixture of scrub to medium mature stands of oak/hickory forest on the
lower toe of the Mount Kessler hill.
G. Recreational Facilities
The site is near both hiking trails in the hills above the old smokehouse and bike trails on the neighboring
property owned and operated by trail blazers. The regional greenway system comes to the site.
H. Reason for Rezoning
The purpose of this Rezone is to uniformly develop the back portion of the site. This proposal only unifies
and rezones the back to 2 sections, from CS and R-A to this PZD. The front portion will remain UT and be
developed for mixed commercial use appropriate to the frontage.
I. Relationship to Adjacent Properties
To the North is ultimately MLK Boulevard, but the Large -Scale Development after this rezoning would
include a proposed development of small size cluster of commercial spaces.
To the West are two properties, the northern is currently under review for a proposed gas
station/convenience store, and the southern is owned by trailblazers and contains bike trails. This project
would build an access between these two properties and a trail head for the trailblazer property.
To the East is a currently vacant property that was previously approved for an expansive RV park.
To the South is a lot owned by trailblazers that they are currently offering for sale.
J. Comprehensive Land Use Plan
The entirety of this site is designated as "City Neighborhood" in the 2040 Master Plan and is shown as
such on the City's "future Land Use Plan. The City Plan lays out guiding policies for City Neighborhood.
This project complies with the lands use plan by providing:
1. Adequate infrastructure
2. Trail connectivity for walking and biking
3. ADA compliant mixed use
4. Appropriate density for the site
5. Streets and walking paths that suit the land
6. Encourage neighborliness
7. Vernacular materiality of built structures
Sweet Bay @ Kessler Residential Planned Zoning District
K. Impact on City Services
This project would add to the water and sewer infrastructure of the city. This project would require trash
services.
L. Conceptual Description
1. Screening and Landscape
The proposed landscape material for Sweet Bay @ Kessler shall share the Ozark — Woodland character
of the surrounding areas by using plant species native to this region. The landscape palette will range
from large shade trees, ornamental trees, to low, space -defining plantings that respond and reflect its
context to Mt. Kessler Park. Provided buffers shall meet the required widths and materials as listed in
the City of Fayetteville Code of Ordinances. The property is surrounded by commercial or residential -
agricultural zones and will not negatively impact the adjacent properties.
2. Traffic Circulation
Traffic will enter the site via an existing curb cut along MLK.
3. Parking Standards
Parking shall be per the minimum requirements for the residential uses in the Unified Development
Code in regard to standard spaces and ADA spaces, 2 spots per unit, with 2 ADA spaces.
4. Perimeter treatment
Where possible vegetation shall be left around the perimeter of the site.
5. Sidewalks
Concrete sidewalks shall connect the residential units to the public right of way with a continuous path.
6. Streetlights
Streetlights shall be added as required along streets for minimum lighting requirements. Parking lots
shall include lighting. All outdoor lighting shall meet the requirements as set forth in UDC section 176,
Outdoor Lighting, and shall be down cast and shielded.
7. Water
Water shall connect to the site via the mains along MILK. All water improvements shall be per the
standard details and specifications of the city, reviewed by the city, and contingent upon approval of the
Arkansas Department of Health.
Sweet Bay @ Kessler Residential Planned Zoning District
8. Sewer
Sewer shall connect to the site via the manhole located at the intersection of MLK and Smoke House
trail via a new main built in the existing easement along MLK. The existing easement contains an
easement that has sufficient width to include a sewer main with appropriate offset. All water
improvements shall be per the standard details and specifications of the city, reviewed by the city, and
contingent upon approval of the Arkansas Department of Health.
9. Streets and Draina
Streets shall be asphalt, 26' in width and capable of support heavy vehicles including fire trucks and
trash trucks. Parking areas shall be permeable paver basin structures with void space gravel detention.
Roofs shall be hard piped to parking basins. To the greatest extent possible natural surface drainage
patterns shall be preserved. Drainage improvements shall meet the requirements of the Drainage
criteria manual.
10. Construction of Non-residential Facilities
This PZD is primarily residential in nature. While some non-residential uses are listed in the permitted
and conditional uses, no non-residential use is being considered.
11. Proposed Signage
No signage is proposed. Any and all signage shall meet the requirements as set forth in Unified
Development Code section 174.
12. View Protection
The site is isolated from direct public view by the neighboring properties.
13. Covenants. Trusts. and Homeowner Association
No covenants and no homeowner association are proposed. All common areas and maintenance shall
be performed by the owner.
Sweet Bay @ Kessler Residential Planned Zoning District
M. Architectural Standards
-Architectural standards shall generally reflect elevations as submitted.
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CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
V10-111W ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING: May 8, 2023 Updated with PC hearing results from May 8, 2023
SUBJECT: PZD-2023-0002: Planned Zoning District (SOUTHEAST OF W. MARTIN
LUTHER KING JR BLVD AND S. SMOKEHOUSE TRAIL/SWEET BAY AT
KESSLER, 596): Submitted by GAVIN SMITH for property located SOUTHEAST
OF W. MARTIN LUTHER KING JR BLVD AND S. SMOKEHOUSE TRL. The
property is split zoned R-A, RESIDENTIAL AGRICULTURAL, CS, COMMUNITY
SERVICES, and UT, URBAN THOROUGHFARE and contains approx. 5.59 acres.
The request is to rezone 4.49 acres of the property to a PLANNED ZONING
DISTRICT.
RECOMMENDATION:
Staff recommends forwarding PZD-2023-0002 to City Council with a recommendation of approval.
RECOMMENDED MOTION:
"I move to forward PZD-2023-0002 to City Council with a recommendation of approval, with
conditions as outlined by staff."
APRIL 24, 2023 PLANNING COMMISSION MEETING
At the April 24 Plannina Commission meetina. the item was tabled at the applicant's reauest to
allow for additional time to address outstanding comments on the proposed Planned Zoning
District. The aDDlicant resubmitted. and the attached booklet reflects the most recent version of
the applicant's request.
BACKGROUND:
The subject property is located in west Fayetteville, southeast of the intersection of W. Martin
Luther King Jr. Blvd and S. Rupple Road. While a leg of the overall property has frontage along
W. Martin Luther King Jr. Blvd, the area in question is about 300 feet south without access to a
public street. Undeveloped and mostly covered in tree canopy, there is an approximately 7% slope
upward as the portion of the property in question moves south. The entire property is outside of
the Hillside Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1.
Table 1: Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
UT, Urban Thoroughfare
South
Undeveloped/Single-Family
R-A, Residential -Agricultural
Residential
East
Undeveloped
CS, Community Services;
R-A, Residential -Agricultural
West
Undeveloped
UT, Urban Thoroughfare;
R-A, Residential Agricultural
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 1 of 39
Proposal: The applicant requests to rezone the property to a Residential Planned Zoning District
with three Planning Areas, as described below:
• Planning Area #1 — 2.93 acres: The intention of this planning area is to provide cabin -
style single-family homes at a maximum density of 10 units per acre that are clustered
and concentrated to leave additional room in the planning area for parking, detention, and
utilities. The allowable uses are similar to but more limited than those allowed in other
single-family zoning districts such as RSF-4 or NC, Neighborhood Conservation.
Planning Area #2 — 0.49 acres: This planning area is intended for parkland dedication.
The area in question currently includes a portion of a downhill mountain biking trail.
Parkland dedication would be required to be evaluated by the Parks and Recreation
Advisory Board, and a full evaluation of its suitability for City acquisition would take place
during the large-scale development process. The permitted uses are similar to those in
the P-1, Institutional zoning district.
Planning Area #3 — 0.49 acres: This planning area is intended for natural preservation.
There are limited uses permitted, but it does allow for cultural and recreational facilities
and other city-wide uses by right.
Public Comment: Staff has received minimal public comment on the request, limited primarily to
inquiries, and no comments of outright support or opposition.
INFRASTRUCTURE:
Streets: The Planned Zoning District subject area does not have access to a public street;
however, the northern portion of the overall property has frontage to West Martin
Luther King Jr. Boulevard (also designated as U.S. Highway 62), which is classified
as a Regional High -Activity Link. This street has two travel lanes in each direction
with a continuous center left turn lane and is partially improved having asphalt
paving, storm drain, curb and gutter, and sidewalk at back of curb. Any street
improvements required in these areas would be determined at the time of
development proposal. Any additional improvements or requirements for drainage
will be determined at time of development.
Water: Public water is not available to the subject area; however, public water is available
to the northern portion of the property that is not included in this Planned Zoning
District request. An existing 18" DIP water main is present along the south side of
West Martin Luther King Jr. Boulevard that the developer can connect to. Any
required public water main extensions will be reviewed with a submittal for
development.
Sewer: Sanitary Sewer is not available to the subject area. An off -site sanitary sewer main
extension will have to be installed by the developer to the existing 6" VCP sanitary
sewer that is present at the southwest corner of the West Martin Luther King Jr.
Boulevard and South Smokehouse Trail intersection to serve future development
on this property. A downstream sewer capacity analysis may be required with
development to determine if the existing 6" VCP sanitary sewer main has adequate
capacity for the proposed increases in flow.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the subject area lies within a FEMA floodplain,
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 2 of 39
there is no protected stream present, and the property is outside of the Hillside -
Hilltop Overlay District. Hydric soils do not appear to be present in the request area
but do appear to be present in a small area of the northern portion of the overall
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.
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 1.9 miles from the fire station with an anticipated drive time
of approximately 5 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 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 did not comment on this request.
Tree Preservation:
The proposed PZD, Residential Planned Zoning District, requires 25% minimum
canopy preservation. The current zoning district R-A, Residential -Agricultural
requires 25% minimum canopy preservation; CS, Community Services requires
20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a low infill score for the
subject property of 4, which translates to a weighted score of 4. The elements vary by the area of
the property being considered, and include the following:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near City Park (Centennial Park)
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 3 of 39
Near Paved Trail (S. Rupple Road)
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 applicant's request to be compatible
with existing surrounding land uses. While zoned for higher entitlements
generally, the area in question is minimally developed, and well -forested.
The applicant's request reflects an incremental increase in density and
intensity that both respects the natural features of the site (the slope into
Kessler Mountain), while also leaving room at the northern portion of the site
for higher intensity uses allowable by -right in its current zoning district. The
separation of the PZD into three planning areas indicates a specific intention
to work within the confines of existing amenities on the site, including a
mountain bike trail that runs into the adjacent property to the west. That
same property is also pending transfer to the City of Fayetteville Parks and
Recreation Department. The proposed use of single-family cabins is
architecturally compatible with the surrounding environment as well. The
applicant's request would also allow for short-term rentals. However, since
the overall planned zoning district is strictly residential and does not include
any commercial or mix of uses, staff finds that any cabins that would like to
pursue a short-term rental would require a conditional use permit.
Land Use Plan Analysis: Staff finds that the request is consistent with the
City's land use and zoning plans. Recently, the City Council adopted a new
street section for Smokehouse Trail to incorporate on -street parking to the
adjacent mountain biking trails, including the Fayetteville Traverse. Further,
the proposal respects the Future Land Use map distinction by leaving the
existing UT zoning as is, to allow for higher intensity uses in the future. Staff
finds that the proposal meets City Plan 2040 goal by making appropriate infill
a high priority; the infill score for the site is currently quite low, so inserting
single-family cabins in the area acts as a good transitional development to
future high -density development. The proposal also capitalizes on proximity
to the trail network.
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 rezoning is justified in order to develop a
potentially difficult site in a way that is compatible with both current and
long-term land uses for the area. The concentrated density allows for
additional land on the overall site to be set aside for potential open space
and recreational features.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed PZD is not likely to have a significant impact on traffic danger
or congestion in the area. The overall proposed vehicular access will be
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 4 of 39
primarily from W. Martin Luther King Jr. Blvd. But with both planned and
future trails in the area immediately to the west, the site is also uniquely
connected to the greater City of Fayetteville trail network, which provides an
alternative source of transportation. The density in the PZD is also less than
what is permitted under most of the site's current zoning which under CS,
Community Services does not have a stated density limitation.
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 RPZD would not alter the population density in a way that
would undesirably increase the load on public services. New sewer and
water lines would be required to be extended to the proposed development,
at a cost that would be born by the developer. Additionally, a sewer capacity
analysis may need to occur during an associated large-scale development.
That said, given the proximity to Martin Luther King Jr. Blvd, staff finds that
any lack of water and sewer facilities at this time are of a limited concern.
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
Sec. 161.35. Planned Zoning Districts (PZD)
(B) Purpose. The intent of the Planned Zoning District is to permit and encourage
comprehensively planned zoning and developments whose purpose is redevelopment,
economic development, cultural enrichment or to provide a single -purpose or mixed -use
planned development and to permit the concurrent processing of zoning and development.
The City Council may consider any of the following factors in review of a Planned Zoning
District application.
(1) Flexibility. Providing for flexibility in the distribution of land uses, in the density of
development and in other matters typically regulated in zoning districts.
(2) Compatibility. Providing for compatibility with the surrounding land uses.
(3) Harmony. Providing for an orderly and creative arrangement of land uses that are
harmonious and beneficial to the community.
(4) Variety. Providing for a variety of housing types, employment opportunities or commercial
or industrial services, or any combination thereof, to achieve variety and integration of
economic and redevelopment opportunities.
(5) No negative impact. Does not have a negative effect upon the future development of the
area;
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 5 of 39
(6) Coordination. Permit coordination and planning of the land surrounding the PZD and
cooperation between the city and private developers in the urbanization of new lands and
in the renewal of existing deteriorating areas.
(7) Open space. Provision of more usable and suitably located open space, recreation areas
and other common facilities that would not otherwise be required under conventional land
development regulations.
(8) Natural features. Maximum enhancement and minimal disruption of existing natural
features and amenities.
(9) Future Land Use Plan. Comprehensive and innovative planning and design of mixed use
yet harmonious developments consistent with the guiding policies of the Future Land Use
Plan.
(10)Special Features. Better utilization of sites characterized by special features of
geographic location, topography, size or shape.
(11)Recognized zoning consideration. Whether any other recognized zoning consideration
would be violated in this PZD.
Findings: As outlined in previous findings, staff finds that the proposal is generally in
line with the factors that may be considered with a Planned Zoning District.
The proposed PZD is particularly well suited to meet the flexibility, harmony,
no negative impact, and natural feature tenets of the ordinance.
RECOMMENDATION: Staff recommends forwarding PZD-2023-0002 to City Council, with a
recommendation of approval, with conditions as outlined below.
Conditions of Approval:
1. Revise the PZD booklet and plans to reflect the following:
a. Correct typos throughout
b. Consider striking Unit 46 from Planning Area 2; no residential structures are
proposed or permitted.
c. Strike Unit 26 from Conditional Uses in Planning Area 2; the intention is solely for
Parkland
d. Clarify density limitation in Planning Area 2, if multi -family uses are removed from
that Planning Area
e. Add a requirement that states that "Any and all signage shall meet the
requirements as set forth in Unified Development Code section 174."
f. Add a note about how common areas will be maintained.
2. Parkland dedication must be reviewed by PRAB with the associated development;
3. Any proposed lots without frontage shall provide adequate access for water, sewer, and
emergency services; and
4. Proposed fire apparatus access roads shall meet requirements as stated by all
applicable fire codes.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 6 of 39
Planning Commission Action: 71 Forwarded O Tabled O Denied
Meeting Date: May 8, 2023
Motion: Garlock
Second: Brink
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Urban Forestry Memo
• Applicant Request Letter
• PZD Booklet
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
With conditions as recommended
by staff.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 7 of 39
CITY OF
r_ FAYETTEVILLE
ARKANSAS
Urban Forestry Memo
TO: Technical Plat Review
THRU: Ryan Umberger, Senior Planner
FROM: Melissa Evans, Urban Forester
MEETING DATE: March 29, 2023
SUBJECT: PZD-2023-0002: SWEET BAY AT KESSLER: Submitted by GAVIN
SMITH for property located at W. MARTIN LUTHER KING JR BLVD AND
S. SMOKEHOUSE TRL. The property is split zoned CS, COMMUNITY
SERVICES, and UT, URBAN THOROUGHFARE and contains
approximately 5.61 acres. The request is for the property to be zoned PZD,
PLANNED ZONING DISTRICT as a mixed -use space.
RECOMMENDATION:
Urban Forestry Staff recommends the approval of PZD-2023-0002 since the PZD booklet
essentially states that Chapter 167 Tree Preservation and Protection and Chapter 177 Landscape
Regulations requirements will be met. The required minimum existing tree canopy coverage is
25% for PZDs. If any portion of the property is in the Hillside Hilltop Overlay District (HHOD), 5%
will be added to the canopy requirement to total 30%.
It is highly recommended that as many trees be preserved as possible to meet the requirement,
and that buildings, parking, utilities and other infrastructure elements be designed around the
trees. According to the PZD booklet, this is the approach the developer and designer will take as
best possible.
Chapter 177 Landscape Regulations must be met also, including street trees along public or
private streets and one tree with a tree island per twelve parking spaces. The site plan included
in the booklet shows some parking bays that are 14 spaces long which would need a tree island
to break up the parking row.
Mailing Address:
113 W. Mountain Street Planniia° ,Cm4�iit RbidUille-ar.gov
Fayetteville, AR 72701 May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 8 of 39
GAVI N SMITH
CIVIL ENGINEERING
March 14, 2023
From Gavin Smith, PE CFM
Gavin Smith Civil Engineering, LLC
393 N Allen Street
Fayetteville, AR 72701
RE: Sweet Bay @ Kessler PZD
Hello,
To
City of Fayetteville — Planning Staff
Please find enclosed with this submission a PZD booklet including a full conceptual proposal for the rezoned portion
of the proposed development.
Scope: (35) cabins and associated roads, parking, natural spaces, and public utilities.
Thank You,
Gavin Smith PE CFM
www.grsmithcivilengineering.com (479) 935 0644
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 9 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
Sweet Bay @ Kessler
A: Ownership:
D&B of Northwest Arkansas, LLC
PO Box 1146
Farmington, AR 72730
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 10 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
B. Scope & Project
Proiect Descriotion:
The total property is 5.59 acres. The Planned Zoning District is for the rear 4.49 acre portion of the
property. Currently the property, roughly a boot shape, includes 3 different zonings. The front of the
project lot borders MILK and is zoned as UT: Urban Thoroughfare; 1.10 acres (19.7%). The middle portion
is zoned CS: Community Services; 2.69 acres (48.1%). The rear of the Project is zoned R-A: Residential -
Agricultural; 1.80 acres (32.2%).
This proposal only unifies and rezones the back 2 sections, from CS and R-A to RPZD. The front portion
will remain UT and be developed for a commercial use appropriate to the frontage. The purpose of this
Rezone is to uniformly develop the back portion of the site. Currently the small portion of land at the rear
has less than the minimum 2 acres for even a single home. Every effort has been made to tone down the
development style of the proposal towards a balanced use of the forested toe of Kessler Mountain.
Scope:
(25) cabin like single family residences and associated roads, parking, natural spaces, and public utilities.
C. General Project Concept
Site Major Elements Considerations:
i. Flexibility —This proposal offers an alternative not available directly though other zoning. By
squeezing the parking areas together and distributing the houses on only those portions of land
suitable for construction without regard to street frontage, this plan utilizes the site for a
residential use, while maximizing and preserving the maximum amount of natural space.
ii. Compatibility —The surrounding properties are undeveloped, with a high development
possibility to the north and a low possibility to the south. This project incorporating a medium
density with an emphasis on tree preservation and natural space serves as a gradual
transitional area between the undeveloped forest of Mount Kessler and the intense corridor of
M LK.
iii. Harmony —Several design considerations for this project were tree preservation and
maintaining the character of the land including the medium mature woodlands and transitional
ecological succession character of the former farmland.
iv. Variety —This PZD offers variety because it includes a preservation approach for the onsite
wooded drainage channels, includes a preservation area around the existing bike trail, and
includes several small pods of houses that each have a group orientation to create 4 to 5
separate micro communities.
v. No negative impacts —This project does not create negative impacts for future developments
on adjacent properties. The natural drainage pattern changes and other changes are mitigated
within the boundary of the site.
vi. Coordination —The neighboring property owners were all introduced to the project and given
an opportunity to discuss the project. Several meetings were held with the owner of the corner
property to discuss access. Both the trailblazer group (current owner) and the Fayetteville parks
department were approached and invited to give input on the design and location of the PZD
proposal. A loose association of the residential neighbors in the nearest neighborhood were
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 11 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
contacted. A presentation was given to them about the proposed development and a
subsequent input session to hear their opinions.
vii. Open space — This proposal includes several natural areas adjacent to streams and focuses
small clusters of residential units around shared open space and tight porch paths and orients
the rears toward natural areas creating a front porch community feel. Neighbors must pass
their neighbors' front doors on the way to their cars but can also find privacy.
viii. Natural features — Several natural intermittent channels and trees occupy the site. These areas
are left as they are. Tree Preservation is discussed below.
ix. Future Land Use — Please see item J discussed below.
x. Special Features —This land is currently undeveloped. The site is now wooded but was
previously farmland. The land is currently not utilized.
xi. Recognized Zoning Considerations —There are no recognized zoning considerations for this site.
Streets
Streets are 26' wide asphalt.
Trail and Pedestrian Conn
A proposed section of the trail would come to the site where it borders MLK giving residents direct access
to the greenway system. The immediate trail connectivity would make car -less bicycle living feasible for
the adventurous.
4. Lot Layout
This project is conceived as a single owner rental project without any proposed subdivision of lots.
Undisturbed Natural Buffer areas
The existing intermittent runoff channels on the site were carefully avoided and buffered against
development. Trees adjacent to and in the channels have been left in place. Stream crossings are minimal
and situated perpendicular for minimum disturbance.
Tree Preservation Areas
A giant and ancient oak tree was immediately identified as a critical tree for preservation. Many aspects
of the unconventional layout of the site can be traced directly back to this tree and centering the
development around it. Tree preservation areas are also intermittent channel buffering areas. The site
layout was predicted to avoid work in and near the channels and preserving tree cover in a strip around
the channels. PZDs require 25% of the canopy to be preserved. This proposal preserves slightly more than
30% as presented.
Stormwater Detention Areas and Drainage
Stormwater detention is achieved using porous gravel reservoirs situated beneath permeable paver
parking areas. For greater rainstorm events like to the 50 and 100 year storms the parking lot is also
designed to hold up to 6" of water, which is a great enough quantity to attenuate storm flows, but not
enough to flood cars or damage property. Preliminary stormwater models show that the site as designed
provides the required Stormwater detention and water quality treatment required by the Drainage
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 12 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
Criteria Manual. Stormwater calculations and design will be verified and reviewed as part of a subsequent
large-scale development, so while the presented design accounts for stormwater, the city will have
additional opportunities for comment, review, and approval.
Fire Access and Fire Code
The cabins and roads as shown in the proposed exhibit meet all applicable requirements for fire
apparatus access. The roads are 26' wide. Turn radii are 28' or greater. Road length from Appendix D
compliant turn-arounds are 150' or less. Two separate fire access roads connect the site to the street
system, one at the front of the site to MLK and a second proposed drive connecting to Smokehouse Trail
to the west.
Site Grading
The parking lots are situated parallel to the natural contours so that slight cut grading up hill and fill
grading downhill allows the parking to the flat and double as detention areas. Each cabin is conceived as
an elevated slab that preserves the adjacent native grade. Connection paths would be at grade.
Necessarily flat areas to connect ADA parking to ADA units are situated on the lower parking area where
the native grade is natural much flatter. This technique of following the contours for the graded elements
reduces the amount of site grading and soil disturbance usually associated with a development of this size
and density.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 13 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
D. Site Areas
Figure 1 - Site Area of Current Zoning
Figure 2 - Site Area of Proposed PZD
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 14 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
E. Existing & Proposed Zoning Standards
Existing RA
Existing CS
Proposed Planning area 1—Single Family Residential
Proposed Planning Area 2 — Parkland Dedication
Proposed Planning Area 3 — Preservation Area
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 15 of 39
4/27/23, 5:25 PM
161.22 - Community Services
Fayetteville, AR Code of Ordinances
(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 1 City-wide uses by right
Unit 4 1 Cultural and recreational
Unit 5
Unit 8
Government facilities
Single-family dwellings
Two-family dwellings
Unit 9
Unit 10
Unit 13
Three (3) and four (4) fan
Eating places
Unit 15 1 Neighborhood Shopping
Unit 24 1 Home occupations
Unit 25 1 Offices, studios and relat
Unit 26 1 Multi -family dwellings
Unit 40 1 Sidewalk Cafes
Unit 41 1 Accessory dwellings
Planning Commission
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PZD-2023-0002 (SWEET BAY AT KESSLER)
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4/97/91 5.95 PM
Fayetteville, AR Code of Ordinances
Unit 44
Unit 45
Unit 46
Unit 2
Unit 3
Unit 14
Unit 16
Unit 17
Unit 18
Unit 19
Unit 28
Unit 34
Unit 35
Unit 36
Unit 42
Cluster Housing Development
Small scale production
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.
City-wide uses by conditional use permit
Public protection and utility facilities
Hotel, motel and amusement services
Shopping goods
Transportation, trades and services
Gasoline service stations and drive-in/drive-through restaurants
Commercial recreation, small sites
Center for collecting recyclable materials
Liquor stores
Outdoor music establishments
Wireless communication facilities*
Clean technologies
about:blank
Planning Commission
May 8, 2023 2/4
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 17 of 39
4/27/23. 5:25 PM
Fayetteville, AR Code of Ordinances
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling
All others
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
Side and rear:
Side or rear, when contiguous to a single-
family residential district:
(F) Building Height Regulations.
Building Height Maximum
18 feet
None
A build -to zone that is located between 10
feet and a line 25 feet from the front
property line.
None
15 feet
5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
Planning Commission
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PZD-2023-0002 (SWEET BAY AT KESSLER)
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4/27/23. 5:25 PM
Fayetteville, AR Code of Ordinances
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No.
5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord.
No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409
§1, 2-2-21; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Editor's note— Ord. No. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
Planning Commission
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PZD-2023-0002 (SWEET BAY AT KESSLER)
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4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
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.
City-wide uses by right
Public protection and utility facilities
Animal hi ichnnrim/
(2) Conditional Uses.
Unit 2 1 City-wide uses by conditional use permit
Unit 4 1 Cultural and recreational facilities
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4/27/23, 5:26 PM Fayetteville, AR Code of Ordinances
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Clean technologies
Unit 42
(C) Density.
Units per acre One-half (112)
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Planning Commission
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4/27/23, 5:26 PM
Fayetteville, AR Code of Ordinances
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) Buildingarea. 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. 6625 , §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427
(Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or
enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31,
2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this
sunset, repeal and termination section."
Planning Commission
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PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 22 of 39
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 1 Single Family Residential Area.
(A) Purposes. The purpose of this planning area is to provide single family living in a manner
that increases community interaction by clustering houses and minimizing
ecological disturbance by concentrating parking, detention, and utilities. This
PZD creates a buffer between the low density and mostly undeveloped slope of
Kessler Mountain and the high intensity of the rapidly growing MLK corridor
connecting Fayetteville and Farmington.
(B) Uses
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 24
Home occupations
(C) Denisty
Units Per Acre 10
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
15 feet
15 feet
15 feet
(F) Height Requirments.
3 stories
(G) Building Area.
None
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 23 of 39
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 2 Park Land Dedication Area
(A) Purposes. The purpose of this planning area is to create an area of park land. This area
includes a part of a trailblazers downhill mountain biking trail. Trailblazers is
currebntly oin the process of donating the adjacent property to the city for the
use of a downhill mountainbiking park. This area be deidcated to the city during
the large scale development of the subject property for this PZD.
(B) Uses
(1) Permitted Uses.
(C)
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Faclities
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 communication facilties
Unit 42
IClean technologies
I Units Per Acre (None I
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
30 feet
20 feet
25 feet
(F) Height Requirments.
There shall be no maximum height limit 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.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 24 of 39
RPZD Sweet Bay @ Kessler
Proposed Zoning
Planning Area 3 Natural Preservation Area
(A) Purposes. The purpose of this planning area is to create a buffer around the existing onsite
drainage channels. This area is inlcusive of the hoigh priority preservation Post
oak tree.
(B) Uses
(1) Permitted Uses.
(C)
Unit 1 City-wide uses by right
Unit 4 Cultural and recreational facilities
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 42
Clean technologies
I Units Per Acre (None I
(D) Bulk and Area Regulations
Lot Width Minimum
None
Lot Area Minmum
Residential
None
Nonresidential
None
Lot Area per dwelling unit
None
(E) Setback Regulations
Front
Side
Rear
30 feet
20 feet
25 feet
(F) Height Requirments.
There shall be no maximum height limit 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.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 25 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
F. Site Analysis
The site is covered evenly by a mixture of scrub to medium mature stands of oak/hickory forest on the
lower toe of the Mount Kessler hill.
G. Recreational Facilities
The site is near both hiking trails in the hills above the old smokehouse and bike trails on the neighboring
property owned and operated by trail blazers. The regional greenway system comes to the site.
H. Reason for Rezoning
The purpose of this Rezone is to uniformly develop the back portion of the site. This proposal only unifies
and rezones the back to 2 sections, from CS and R-A to this PZD. The front portion will remain UT and be
developed for mixed commercial use appropriate to the frontage.
I. Relationship to Adjacent Properties
To the North is ultimately MILK Boulevard, but the Large -Scale Development after this rezoning would
include a proposed development of small size cluster of commercial spaces.
To the West are two properties, the northern is currently under review for a proposed gas
station/convenience store, and the southern is owned by trailblazers and contains bike trails. This project
would build an access between these two properties and a trail head for the trailblazer property.
To the East is a currently vacant property that was previously approved for an expansive RV park.
To the South is a lot owned by trailblazers that they are currently offering for sale.
J. Comprehensive Land Use Plan
The entirety of this site is designated as "City Neighborhood" in the 2040 Master Plan and is shown as
such on the City's "future Land Use Plan. The City Plan lays out guiding policies for City Neighborhood.
This project complies with the lands use plan by providing:
1. Adequate infrastructure
2. Trail connectivity for walking and biking
3. ADA compliant mixed use
4. Appropriate density for the site
5. Streets and walking paths that suit the land
6. Encourage neighborliness
7. Vernacular materiality of built structures
K. Impact on City Services
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 26 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
This project would add to the water and sewer infrastructure of the city. This project would require trash
services.
L. Conceptual Description
1. Screening and Landscape
The proposed landscape material for Sweet Bay @ Kessler shall share the Ozark — Woodland character
of the surrounding areas by using plant species native to this region. The landscape palette will range
from large shade trees, ornamental trees, to low, space -defining plantings that respond and reflect its
context to Mt. Kessler Park. Provided buffers shall meet the required widths and materials as listed in
the City of Fayetteville Code of Ordinances. The property is surrounded by commercial or residential -
agricultural zones and will not negatively impact the adjacent properties.
2. Traffic Circulation
Traffic will enter the site via an existing curb cut along MLK.
3. Parking Standards
Parking shall be per the minimum requirements for the residential uses in the Unified Development
Code in regard to standard spaces and ADA spaces, 2 spots per unit, with 2 ADA spaces.
4. Perimeter treatment
Where possible vegetation shall be left around the perimeter of the site.
5. Sidewalks
Concrete sidewalks shall connect the residential units to the public right of way.
6. Streetlights
Streetlights shall be added as required along streets for minimum lighting requirements. Parking lots
shall include lighting. All lights shall be cutoff type.
7. Water
Water shall connect to the site via the mains along MLK. All water improvements shall be per the
standard details and specifications of the city, reviewed by the city, and contingent upon approval of the
Arkansas Department of Health.
8. Sewer
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
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Sweet Bay @ Kessler Residential Planned Zoning District
Sewer shall connect to the site via the manhole located at the intersection of MLK and Smoke House
trail via a new main built in the existing easement along MLK. The existing easement contains an
easement that has sufficient width to include a sewer main with appropriate offset. All water
improvements shall be per the standard details and specifications of the city, reviewed by the city, and
contingent upon approval of the Arkansas Department of Health.
9. Streets and Draina
Streets shall be asphalt, 26' in width and capable of support heavy vehicles including fire trucks and
trash trucks. Parking areas shall be permeable paver basin structures with void space gravel detention.
Roofs shall be hard piped to parking basins. To the greatest extent possible natural surface drainage
patterns shall be preserved. Drainage improvements shall meet the requirements of the Drainage
criteria manual.
10. Construction of Non-residential Facilities
No non-residential facilities are proposed within the boundaries of the PZD.
11. Proposed Signage
No signage is proposed.
12. View Protection
The site is isolated from direct public view by the neighboring properties.
13. Covenants, Trusts, and Homeowner Association
No covenants and no homeowner association are proposed.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 28 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
M. Architectural Standards
-Architectural standards shall generally reflect elevations as submitted.
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 29 of 39
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May 8, 2023
S PZD-2023-0602 (SWEET BAY AT KESSLER)
Paqe 31 of 39
Sweet Bay @ Kessler Residential Planned Zoning District
N. PZD Exhibits
Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 32 of 39
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May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 33 of 39
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May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 34 of 39
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Planning Commission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 35 of 39
PZD-2023-0002 W. MARTIN LUTHER KING JR
One Mile View BLVD AND S. SMOKEHOUSE
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May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 36 of 39
PZD-2023-0002 W. MARTIN LUTHER KING JR
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May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 37 of 39
PZD-2023-0002 W. MARTIN LUTHER KING JR
Current Land Use BLVD AND S. SMOKEHOUSE TRL NORTH
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anninq Uommission
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Paqe 38 of 39
PZD-2023-0002
Future Land Use
W. MARTIN LUTHER KING JR
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Civic Institutional
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Natural
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1,160 Residential Neighborhood
Rural Residential
Urban Center
May 8, 2023
PZD-2023-0002 (SWEET BAY AT KESSLER)
Page 39 of 39
9 9
Washington County, AR Bled on
I certify this instrument M s
0710612023 03:46:
and recorded in Real Estate
File Number 2023-00017259
Ky1e Sylvester - Circuit Clerk