HomeMy WebLinkAboutOrdinance 6686a
ORDINPN01
Recorded: 10/02/2023 at 02:05: SI PM
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Meshln-. Count,. PWest R
Kyle Sylvester Dlrcult Clerk
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Fayetteville, AR172701et Flle2023-00025755
(479) 575-8323
Ordinance: 6686
File Number: 2023-1056
REZONING - 2023-0020: (741 E. HUNTSVILLE RD/JONES, 564):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0020 FOR
APPROXIMATELY 1.34 ACRES LOCATED AT 741 EAST HUNTSVILLE ROAD IN WARD I FROM RSF-4
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE 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 RSF4, Residential Single -Family, four units per acre 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 I.
PASSED and APPROVED on September 19, 2023
Page 1
RZN-2023-0020
Close Up View
RSF-8
110
❑
W
FAIRLANE-ST—cn
Neighborhood Link
Residential Link
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
Planning Area
_ ! Fayetteville City Limits
741 E HUNTSVILLE RD
RSF-4
Subject Property
UNTSVILLE RD
Proposed CS
NC
R-A
EXHIBIT 'A'
I
2
H
C9A&-
Z
NORTH
Zone Current Proposed
CS 0.0 1.3
NC 0.0 0.0
RSF-4 1.3 0.0
Feet
0 75 150 300 450 600
1.2,400 Total 1.3 ac
PART OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE I/4) OF SECTION TWENTY-
TWO (22), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID 40 ACRE TRACT; THENCE
EAST ALONG THE NORTH LINE OF SAID 40 ACRE TRACT 308.06 FEET: THENCE S00°03'56"W 52.31 FEET TO A
SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY OF HUNTSVILLE ROAD FOR THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID R[GHT-OF-WAY, S00°03'56W 354.75 FEET TO A SET 1/2" IRON REBAR;
THENCE N85053'00"E 211.15 FEET TO A SET 1/2" IRON REBAR; THENCE N00°03'56"E 149.28 FEET TO A SET 1/2"
IRON REBAR; THENCE N88°40'49"W 63.51 FEET TO A SET 1/2" IRON REBAR; THENCE N07°36'58"W 183.22 FEET TO
A SET 1/2" IRON REBAR ON THE SOUTH RIGHT-OF-WAY OF HUNTSVILLE ROAD; THENCE N86°37'03"W 122.81
FEET TO THE POINT OF BEGINNING, CONTAINING 1.34 ACRES, MORE OR LESS, WASHINGTON COUNTY,
ARKANSAS.
• 0
Washington County, AR
I certify this instrument was fled on
10/02/2023 02:05:51 PM
and recorded in Real Estate
File Number 2023-00025755
Kyle Sylvester - Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 19, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth
CITY COUNCIL MEMO
2023-1056
FROM: Jessica Masters, Development Review Manager
DATE:
SUBJECT: RZN-2023-0020: Rezoning (741 E. HUNTSVILLE RD/JONES, 564): Submitted by BERT
JONES for property located at 741 E. HUNTSVILLE RD in WARD 1. The property is
zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains
approximately 1.34 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in south Fayetteville along E. Huntsville Road, approximately 300 feet east of the
intersection with S. Morningside Drive. The property contains roughly 1.34 acres and is zoned RSF-4,
Residential Single -Family, 4 Units per Acre. The southern portion of the property is currently developed with a
2,168 sq. ft. single-family home, constructed in 1946. On the north side of the property is a 1,450 sq. ft.
accessory structure containing an apartment and carport/workshop. No portion of the property currently falls
within an overlay district.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to CS,
Community Services.
Public Comment: Staff received inquiries from the public about the proposal, but no statements in direct
opposition to or support of the request.
DISCUSSION:
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. While the
property is developed with a single-family home and associated outbuildings, the property under its current
zoning entitlement could be developed with single-family homes at a density of up to 4 units per acre, which is
a lower density allowance than would be permitted in the immediately surrounding properties. To the east and
south the property is zoned NC, Neighborhood Conservation, which allows up to 10 units per acre, and is
currently under development with the Park Meadows subdivision. To the west is zoned CS, Community
Services, and a large site improvement plan was approved on this property in 2022 for 5 multi -family
structures. While building permits have not yet been issued on the property, the applicant has an active
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
grading permit on the site for this associated development. CS allows for a height requirement of up to 5
stories, with an associated front 10-foot setback and build -to -zone between 10-25 feet from the property line.
Approving this rezoning would allow for compatible transition from the property to the west as far as scale,
height, and setbacks. As far as use is considered, staff also finds this request to be appropriate. CS allows for
anything from single-family to neighborhood amenities such as offices and small scale retail. With the
associated development in the surrounding area, staff finds this request is compatible.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future
Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 8, and the
appropriate Future Land Use designation as a City Neighborhood Area contributes to this score. A high infill
score indicates that the area can likely support additional density if it is feasible under the proposed zoning
entitlements. The request meets Goals 1 and 6 of City Plan 2040 by potentially providing infill development and
the possibility for a variety of housing types, which could help fulfill a goal towards the provision of more
attainable housing. The request also aligns with Goal 3, since the mixed -use potential in the CS zoning district
and its adjacency to residential uses allows for the development of a complete neighborhood that is connected
and compact. The property is located approximately halfway between two identified Tier 3 centers as outlined
in City Plan 2040. While this is not located strictly within a Tier center, staff finds that the proposal still offers
the potential for neighborhood -scale and micro -retail locations in a convenient location for surrounding
residents.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-7 for this site.
The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow)
• Near Sewer Main (6-inch main, E. Huntsville Road)
• Near Water Main (6-inch main, E. Huntsville Road)
• Near City Park (Doc Mashburn Park)
• Near Paved Trail (E. Huntsville Road On -Street Bike Lane)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, EXHIBIT A, EXHIBIT B, Planning Commission Staff Report, Ord RZN 23-20 - 741 E
Huntsville Rd
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 #: 2023-1056
RZN-2023-0020: Rezoning (741 E. HUNTSVILLE RD/JONES, 564): Submitted by BERT JONES
for property located at 741 E. HUNTSVILLE RD in WARD 1. The property is zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.34
acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-0020 FOR APPROXIMATELY 1.34 ACRES LOCATED AT 741 EAST HUNTSVILLE ROAD
IN WARD 1 FROM RSF-4 RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE 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, four units
per acre 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.
Page 1
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-1056
Item ID
9/19/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/1/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0020: Rezoning (741 E. HUNTSVILLE RD/JONES, 564): Submitted by BERT JONES for property located at
741 E. HUNTSVILLE RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER
ACRE and contains approximately 1.34 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
V10-111W ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: August 28, 2023 Updated with results from 8/28/2023 PC Meeting
SUBJECT: RZN-2023-0020: Rezoning (741 E. HUNTSVILLE RD/JONES, 564):
Submitted by BERT JONES for property located at 741 E.
HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contains approximately 1.34 acres.
The request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommend forwarding RZN-2023-0020 to City Council with a recommendation of approval.
RECOMMENDED MOTION:
`7 move to forward RZN-2023-0020 to City Council with a recommendation of approval. "
BACKGROUND:
The subject property is in south Fayetteville along E. Huntsville Road, approximately 300 feet east
of the intersection with S. Morningside Drive. The property contains roughly 1.34 acres and is
zoned RSF-4, Residential Single -Family, 4 Units per Acre. The southern portion of the property
is currently developed with a 2,168 sq. ft. single-family home, constructed in 1946. On the north
side of the property is a 1,450 sq. ft. accessory structure containing an apartment and
carport/workshop. No portion of the property currently falls within an overlay district. Surrounding
land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-FamilyResidential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre;
NC, Neighborhood Conservation
West
Undeveloped (Multi -Family Residential
CS, Community Services
Approved
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to CS, Community Services
Public Comment: Staff have received inquiries from the public about the proposal, but no
statements in direct opposition to or support of the request.
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along E. Huntsville Road, which is a fully improved
neighborhood link street with asphalt paving, curb and gutter, and sidewalk. 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 available to the subject area. An existing 6-inch water main is
present on the north side of E. Huntsville Road.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is
present in the South side of E.Huntsville Road.
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 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.8 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 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: No portion of the property is within a FEMA floodplain, has hydric soils, nor is a
protected stream present in the area. No portion of the site is within the Hillside -
Hilltop Overlay District.
Tree Preservation:
The proposed zoning district of CS, Community Services requires 20% minimum
canopy preservation. The current zoning district of RSF-4, Residential Single -
Family, 4 Units per Acre requires 25% 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 Area.
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.
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 2 of 13
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 5-7
for this site, with a weighted score of 8. The following elements of the matrix contribute to the
score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow)
• Near Sewer Main (6-inch main, E. Huntsville Road)
Near Water Main (6-inch main, E. Huntsville Road)
Near City Park (Doc Mashburn Park)
Near Paved Trail (E. Huntsville Road On -Street Bike Lane)
• Near ORT Bus Stop (Route 20)
• 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 request to be compatible with the
surrounding context. While the property currently is only developed with a
single-family home and associated outbuildings, the property under its
current zoning entitlement could be developed with single-family homes at
a density of up to 4 units per acre, which is a lower density allowance than
would be permitted in the immediately surrounding properties; to the east
and south the property is zoned NC, Neighborhood Conservation, which
allows up to 10 units per acre, and is currently under development with the
Park Meadows subdivision. To the west is zoned CS, Community Services,
and a large site improvement plan was approved on this property in 2022 for
5 multi -family structures. While building permits have not yet been issued
on the property, the applicant has an active grading permit on the site for
this associated development. Given the development surroundings, staff
finds that the request is appropriate. CS allows for a height requirement of
up to 5 stories, with an associated front 10-foot setback and build -to -zone
between 10-25 feet from the property line. Approving this rezoning would
allow for compatible transition from the property to the west as far as scale,
height, and setbacks. As far as use is considered, staff also finds this
request to be appropriate. CS allows for anything from single-family to
neighborhood amenities such as offices and small scale retail. With the
associated development in the surrounding area, staff finds this request is
compatible.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The property has a weighted infill score of 8, and the
appropriate Future Land Use designation as a City Neighborhood Area
contributes to this score. A high infill score indicates that the area can likely
support additional density if it is feasible under the proposed zoning
entitlements. The request meets Goals 1 and 6 of City Plan 2040, by
potentially providing infill development and the possibility for a variety of
housing types, which could help fulfill a goal towards the provision of more
attainable housing. The request also aligns with Goal 3, since the mixed -use
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 3 of 13
potential in the CS zoning district and its adjacency to residential uses
allows for the development of a complete neighborhood that is connected
and compact. The property is located approximately halfway between two
identified Tier 3 centers as outlined in City Plan 2040. While this is not
located strictly within a Tier center, staff finds that the proposal still offers
the potential for neighborhood -scale and micro -retail locations in a
convenient location for surrounding residents.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to CS, Community Services is justified. While the
applicant has not submitted any specific development plans for the area, the
uses, allowances, and restrictions that accompany the CS zoning district are
compatible with existing land uses as well as with future land use goals.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to CS has an associated potential to increase traffic at this
location. CS permits development at an unlimited density where it is
currently limited to 4 units per acre. Staff finds that the potential to increase
the number of residential units is marginal given the size of the lot and
available access, and unlikely to result in increased traffic danger or
congestion. Considerations for any necessary improvements to access or
street infrastructure would be evaluated at the time of development.
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 RSF-4 to CS could increase population density
and therefore the load on public services; however, the impact is not
expected to be detrimental. Adequate water and sewer connections are
available to the site, suggesting the area can support the increase and avoid
costly extensions to services. Fayetteville Public Schools did not comment
on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
Finding: N/A
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.
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 4 of 13
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0020 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
I Date: August 28, 2023
(Motion: Brink
Second: Payne
Vote:
BUDGET/STAFF IMPACT:
None
O Tabled "l Forwarded O Denied
with a recommendation
of approval
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
o §161.22 Community Services
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 5 of 13
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
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 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwellingunit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 6 of 13
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—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."
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
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.
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
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 7 of 13
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, §§1(Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21)
Editor's note(s)—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
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 8 of 13
July 13, 2023
City of Fayetteville
Planning Commission
12S W Mountain Street
Fayetteville, AR 72701
Dear Commissioners,
We are requesting a change in zoning for our property at 741 E Huntsville Road. The property is
currently zoned RSF-4 and we are requesting to rezone to CS (Community Services). We don't have any
current plans to redevelop the property, but would like to market it to potential developers.
We have spoken to a member of the Planning Department and feel that rezoning this property to CS
would not adversely affect the surrounding neighborhood. As you know, the property to our immediate
west, owned by Rausch-Coleman, is zoned CS. The is a lot of very exciting development being done to
our east, as well.
Please consider our request to rezone our property. Feel free to contact us with any questions.
Warmest regards,
`Rrsb ' Jones Lisa 4Proven
479.721.3314 310.422.07b0�
Planning Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 9 of 13
RZN-2023-0020
One Mile View
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annlnq Commission
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 10 of 13
RZN-2023-0020 741 E H U NTSVI LLE RD
Close Up View
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Planning Area
! _-! Fayetteville City Limits 1.2,400 Total 1.3 ac
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 11 of 13
August 28, 2023
RZN-2023-0020 (JONES)
Paqe 12 of 13
RZN-2023-0020
Future Land Use
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Urban Center
August 28, 2023
RZN-2023-0020 (JONES)
Page 13 of 13
ORDINANCE NO.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION
RZN 2023-0020 FOR APPROXIMATELY 1.34 ACRES LOCATED AT 741 EAST
HUNTSVILLE ROAD IN WARD 1 FROM RSF-4 RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE 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, four units per acre 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 this 19th day of September, 2023.
APPROVED:
M.
ATTEST:
M.
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
Form v1.33
NVVA
i1L1e ia
A WEHCO MEDIA COMPANY
Account#: NWCL5004205 RECEIVED
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
Ad number#: 328944 SEP 2 5 2023
PO # �31'TYpCLERK OFFICE
Matter of: ORD 6686
AFFIDAVIT•STATE OF ARKANSAS
I.Carla Gardner,do solemnly swear that I am the Finance Director of the Democrat Gazette,a daily newspaper printed
and published in WASHINGTON county,State of ARKANSAS;that I was so related to this publication at and during
the publication of the annexed legal advertisement in the matter of:
ORD 6686
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said advertisement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the Democrat Gazette for publication the sum of$80.60.(Includes
$0.00 Affidavit Charge).
NWA Democrat Gazette 09/23/23;NWA nwaonline.com 09/23/23
da,ca_
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
•
and sworn to before me on this 25th day of September,2023
,. CATHERINE STAGGS
i0,A.*`�.F MY COMMISSION#12402772
� Mir EXPIRES:February 2B 2025
AP t a'`R J ' fir`' Washington County
NOTARY PUBLIC
Ordinance:6686
File Number: 2023-1056
REZONING-2023-0020:(741
E.HUNTSVILLE RD/JONES,564):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2023-
0020 FOR APPROXIMATELY 1.34
ACRES LOCATED AT 741 EAST
HUNTSVILLE ROAD IN WARD 1
FROM RSF-4 RESIDENTIAL SIN-
GLE-FAMILY,FOUR OS PER RECEIVED ACRE TO CS, COMMUNITY L...f
SERVICES
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF SEP 2 5 2023
FAYETTEVILLE,ARKANSAS:
Section 1: That the City
Council of the City of Fayet-
teville, Arkansas hereby CITY OF FAYETTEVILLE
changes the zone classification CITY CLERKS OFFICE
of the property shown on the
map(Exhibit A)and the legal de-
scription (Exhibit B) both at-
tached to the Planning
Department's Agenda Memo
from RSF-4,Residential Single-
Family,four units per acre to CS,
Community Services.
Section 2: That the City
Council of the City of Fayet-
teville,Arkansas hereby amends
the official zoning map of the
City of Fayetteville to reflect the
zoning change provided in Sec-
tion 1.
PASSED and APPROVED on
September 19,2023
Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,
City Clerk Treasurer
This publication was paid for
by the City Clerk-Treasurer of
the City. of Fayetteville,
Arkansas.
Amount paid:$80.60
Sept.23,2023 328944