HomeMy WebLinkAboutOrdinance 6714 1IIIIIIIIIIIIIIIIUIII11111111 IIIIIIIIIIIIIII111111IIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 021402450003 Type: REL
o E� Kind: ORDINANCE
Recorded: 12/29/2023 at 12:33:11 PM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2023-00033402
\HR:I:NSP
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6714
File Number: 2023-1434
REZONING-2023-0027: (1272 N.59TH AVE./DICKSON STREET CAPITAL, LLC.,397):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-027 FOR
APPROXIMATELY 0.80 ACRES LOCATED AT 1272 NORTH 59TH AVENUE IN WARD 4 FROM R-A,
RESIDENTIAL-AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI-FAMILY,SIX UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential-Agricultural to RMF-6, Residential Multi-Family, Six Units per
Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on December 19,2023
Approve '; \ Attest:
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,
Arkansas.
Amount: $
Page 1
RZN-2023-0027
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1272 N 59TH AVE RZN-2023-0027
MODIFIED TO RMF-6, RESIDENTIAL MULTI -FAMILY, 6 UNITS PER ACRE EXHIBIT 'A'
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Regional Link
Zone Current Proposed
Unclassified
R-A 1.5 0.0
Alley
RI-12 0.0 1.6
Residential Link
RSF-4 0.0 0.0
■ ■ Planned Residential Link Feet
Hillside -Hilltop Overlay District
Planning Area 0 75 150 300 450 600
~
_ ! Fayetteville City Limits 1 .2,400 Total 1.6 ac
RZN-2023-0027
EXHIBIT'B'
5911 Street legal description
ANNEXED TO CITY OF FAYETTEVILLE FOR 2006 & FOLLOWING YEARS PER CC2006-5 PT SW NW 0.82 AC FURTHER
DESCRIBED FROM 2004-32330 AS: Part of the SW 1/4 of the NW 1/4 of Section 11, Township 16 North, Range 31
West, Washington County, Arkansas, described as follows, to -wit: Commencing at the Southeast Corner of said 40
acre tract; thence South 89'54'11" West along the South line of said 40 acre tract 440.00 feet; thence North 00°20'42"
East 681.00 feet to the Point of Beginning; thence South 89'54'11" West 220.00 feet; thence North 00°20'42" East
165.14 feet to a point in the line with an existing fence; thence South 88°22'05" East along said fence 220.04 feet;
thence South 00°20'42" West 158.50 feet to the Point of Beginning.
Washington County, AR
I certify this instrument was filed on
12/29/2023 12:33:11 PM
and recorded in Real Estate
File Number 2023-00033402
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 19, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Donna Wonsower, Planner
DATE:
CITY COUNCIL MEMO
2023-1434
SUBJECT: RZN-2023-0027: Rezoning (1272 N. 59TH AVE./DICKSON STREET CAPITAL, LLC.,
397): Submitted by REED LYNCH for property located at 1272 N. 59TH AVE in WARD
4. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 0.80 acres. The request is to rezone the property to RMF-6,
RESIDENTIAL MULTI -FAMILY, SIX UNITS PER ACRE.
RECOMMENDATION:
The Planning Commission recommends approval of a request to rezone the subject property to RMF-6,
Residential Multi -Family, Six Units per Acre, as described and shown in the attached Exhibits 'A' and 'B'.
Staff reviewed and recommended approval of the applicant's initial request to rezone the property to RI-12,
Residential Intermediate, 12 Units Per Acre, but had not prepared a recommendation for a revised request to
RMF-6, Residential Multi -Family, Six Units per Acre. Staff has since made and evaluation, which is included
below, and recommends in favor.
BACKGROUND:
The subject property is located in west Fayetteville on the east side of N. 59th Ave., about an eighth of a mile
north of the street's intersection with W. Wedington Dr. The property also has direct frontage onto W. Luna St.
to the east and totals 0.80 acres. The parcel is developed with a 1,576 square foot single-family structure built
in 1961 per Washington County records. Following annexation in to Fayetteville in 2006, the property received
its zoning designation of R-A, Residential -Agricultural.
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RMF-6,
Residential Multi -family, Six Units per Acre.
Public Comment: Prior to the November 13, 2023 Planning Commission meeting, staff received one phone call
from a neighbor inquiring about potential development but no comments specifically in support or opposition to
the request. At the first public hearing, two neighbors spoke in opposition to the project, citing concerns about
compatibility with the rural nature of the neighborhood, narrow streets and increased traffic, parking, potential
building heights, and impact on existing trees. After being tabled, no public comment was offered at the
November 27, 2023 meeting.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Compatibility: On the balance of considerations, staff found the proposed rezoning from R-A to RI-12
to be somewhat compatible with the surrounding area. With the requested change to RMF-6, staff finds the
request is similarly compatible for the following reasons. The intent of the RMF-6 zoning district is "designed to
permit and encourage the development of multi -family residences at a low density that is appropriate to the area
and can serve as a transition between higher densities and single-family residential areas." The subject
property is located between large, agricultural properties to the south and west and smaller residential
properties to the east and north. The parcel currently has a non -conforming lot width and area within the R-A
zoning as this district requires lot widths of 200 feet with lot areas of 2 acres. RMF-6 parcels are required to
maintain a variable minimum width of 50, 90, or 100 feet with lot area requirements ranging from 2,500 square feet
to 3 acres dependent on use. Single-, two-, three-, and four -family dwellings are permitted by right in the RMF-6
zoning district.
While multifamily dwellings are also permitted by right in RMF-6, staff notes that based on the subject property's
size, the maximum number of permitted dwellings on the parcel would be four. Staff finds that the requested
rezoning is not likely to result in development that is incompatible with the immediate surroundings since the RMF-6
district limits building heights to the same three stories as adjacent RSF-4 properties and the subject property's size
makes it unlikely to be developed to the full density permitted by ordinance. Staff additionally finds that rezoning to
an urban form -based district could allow for the development of additional housing while potentially providing
increased connectivity given the parcel's street frontage to both the east and west. Further, staff finds the
requested rezoning to be compatible since the size and location of the subject parcel appear to be aligned with
the spirit and intent of the RMF-6 zoning district, and will allow a nonconforming lot to be brought into
conformity.
Land Use Plan Analysis: Staff found the proposed rezoning to be somewhat consistent with the City's adopted
land use plans, including its Future Land Use Map designation as Residential Neighborhood area. With the
requested change to RMF-6, staff finds the request is similarly compatible for the following reasons. A rezoning
to RMF-6 could allow for the creation, or maintenance, of residential properties with reduced lot sizes and form -
based requirements while encouraging increased east to west connectivity. Though the property has a relatively low
infill score of 5, staff finds the proposed rezoning's low entitlements to be appropriate given its context, the potential
to bring the property in to zoning conformance, and limiting development that may be out of scale with the
surrounding neighborhood. While a similar rezoning on a larger property could potentially allow development
that is inconsistent with the surrounding neighborhood, staff finds that the requested rezoning could allow for
the creation of missing middle housing that compliments City Plan 2040 Goal 1: We Will Make Appropriate Infill
and Revitalization our Highest Priority, Goal 4: We Will Grow a Livable Transportation Network, and Goal 6:
We Will Create Opportunities for Attainable Housing.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response
• Near Sewer Main (8-inch main, Luna St.)
• Near Water Main (8-inch main, Luna St.)
• Near City Park (Bundrick Park, Harmony Pointe Park)
• Near Paved Trail (Wedington Side Path Trail)
DISCUSSION:
At the November 27, 2023, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City
Council with a recommendation of approval for RMF-6, Residential Multifamily, Six Units per Acre. The item
was previously heard at the November 13, 2023 Planning Commission meeting before being tabled to the
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
November 27, 2023 meeting. The applicant verbally requested that the Commission consider a zoning
designation of RMF-6, Residential Multifamily, Six Units per Acre rather than RI-12, Residential Intermediate,
Twelve Units per Acre, as noted in the report. At the meeting, staff verbally compared allowable uses and
noted that although Use Unit 26: Multifamily Dwellings is permitted by right within RMF-6, the property does not
have sufficient lot area, being approximately 34,000-square feet, to permit this use, which requires a minimum
of 35,000-square feet. Staff further described development standards between the RMF-6 and RI-12 districts.
Commissioner Payne made the motion to forward and Commissioner Brink seconded. Commissioners voting
in favor cited the reduced density, a needed transition area between high- and low -density areas, the likelihood
of compatible development due to the small size of the parcel, and lack of public comment on the revised
request as reasons for their approval. Commissioner Garlock cited the low infill score and minimal support for
City 2040 goals as a reason for his denial vote. No members of the public spoke during the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
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 #: 2023-1434
RZN-2023-0027: Rezoning (1272 N. 59TH AVE./DICKSON STREET CAPITAL, LLC., 397):
Submitted by REED LYNCH for property located at 1272 N. 59TH AVE in WARD 4. The
property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 0.80
acres. The request is to rezone the property to RMF-6, RESIDENTIAL MULTI -FAMILY, SIX
UNITS PER ACRE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2023-027 FOR APPROXIMATELY 0.80 ACRES LOCATED AT 1272 NORTH 59TH AVENUE IN
WARD 4 FROM R-A, RESIDENTIAL -AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI-
FAMILY, SIX UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential -Agricultural to RMF-6,
Residential Multi -Family, Six Units per Acre.
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
2023-1434
Item ID
12/19/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/1/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0027: Rezoning (1272 N. 59TH AVE./DICKSON STREET CAPITAL, LLC., 397): Submitted by REED LYNCH for
property located at 1272 N. 59TH AVE in WARD 4. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approximately 0.80 acres. The request is to rezone the property to RMF-6, RESIDENTIAL MULTI -FAMILY,
SIX UNITS PER ACRE.
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
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20221130
CITY OF
WNWFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: November 27, 2023 Updated with results from 11/27/2023 PC Meeting
SUBJECT: RZN-2023-0027: Rezoning (1272 N. 59TH AVE./DICKSON STREET
CAPITAL, LLC., 397): Submitted by REED LYNCH for property located at
1272 N. 59T" AVE. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 0.80 acres. The request is to
rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, TWELVE
UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0027 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"1 move to forward RZN-2023-0027 to City Council with a recommendation of approval."
NOVEMBER 13, 2023 PLANNING COMMISSION MEETING
This item was tabled at the November 13, 2023 Planning commission meeting on the applicant's
request. No change has been made to the requested rezoning in the interim.
BACKGROUND:
The subject property is located in west Fayetteville on the east side of N. 59th Ave about an eighth
of a mile north of the street's intersection with W. Wedington Dr. The property also has direct
frontage onto W. Luna St. to the east and totals 0.80 acres. The parcel is developed with a 1,576
square foot single-family structure built in 1961 per Washington County records. The parcel is
zoned R-A, Residential -Agricultural, which it received as a result of its annexation into the City of
Fayetteville in 2006. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, Four Units per Acre
South
Single -Family Residential
R-A, Residential -Agricultural
East
Single -Family Residential
Public Right -of -Way (W. Luna St.)
RSF-4, Residential Single -Family, Four Units per Acre
West
Agricultural / Single -Family Residential
R-A, Residential -Agricultural
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RI-
12, Residential Intermediate, Twelve Units per Acre.
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 1 of 13
Public Comment: Prior to the November 13 planning commission meeting, staff received one
phone call from a neighbor inquiring about potential development but no comments specifically in
support or opposition to the request. At the public hearing, two neighbors spoke in opposition to
the project, citing concerns about compatibility with the rural nature of the neighborhood, narrow
streets and increased traffic, parking, potential building heights, and impact on existing trees.
INFRASTRUCTURE:
Streets: The subject property has frontage along N. 59th Ave, a partially improved
Residential Link street with asphalt paving and open ditches, and it has frontage
along W. Luna St., a fully improved Residential Link street with asphalt paving,
curb, gutter, and sidewalk. Any street improvements required in this area would be
determined at the time of development proposal.
Water: Public water is available to the subject property. An existing eight -inch water main
is present on the east side of the subject property.
Sewer: Public sanitary sewer is available to the subject property. An existing eight -inch
sewer main is present on the east side of the subject property.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams or hydric soils are
present. Any improvements or requirements for drainage would be determined at
the time of development submittal.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 1.9 miles from the fire station with an anticipated drive time of
approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 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 six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of RI-12, Residential Intermediate, Twelve Units per
Acre requires 20% minimum canopy preservation. The current zoning district of
R-A, Residential -Agricultural 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 Residential Neighborhood.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 2 of 13
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5 for
this site with a weighted score of 4.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response
• Near Sewer Main (8-inch main, Luna St.)
• Near Water Main (8-inch main, Luna St.)
• Near City Park (Bundrick Park, Harmony Pointe Park)
• Near Paved Trail (Wedington Side Path Trail)
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: On the balance of considerations, staff finds the
proposed rezoning from R-A to RI-12 to be somewhat compatible with the
surrounding area. The intent of the RI-12 zoning district is to provide
development potential between low density and medium density with less
impact than medium density development, and to encourage the
development of areas with existing public facilities with a greater variety of
housing values. The parcel in question currently has non -conforming lot
width and area within the R-A zoning district, and is located between large,
agricultural properties to the south and west, and smaller residential
properties to the east and north. Single-, two-, three-, and four -family
dwellings are permitted by right in the RI-12 zoning district. All lots are
required to maintain a variable minimum width of 50 or 90 feet with variable
lot area requirements ranging from 5,000 square feet to 10,890 square feet
dependent on use. The R-A district requires lot widths of 200 feet with lot
areas of 2 acres. While rezoning a single parcel to RI-12 seems like a
significant upzoning inconsistent with the lot widths and areas of the
immediately surrounding zoning districts, a large neighborhood of RI-12 has
been developed less than 1/8 of a mile to the east and staff finds that
rezoning to an urban form based district could allow for the development of
additional housing while potentially providing increased connectivity given
the parcel's street connectivity to both the east and west. Staff finds the
requested rezoning to be compatible since the size and location of the
subject parcel appear to be better aligned with the spirit and intent of the RI-
12 zoning district, and since the rezoning would allow a nonconforming lot
to be brought into conformity. Further, staff finds that the requested
rezoning is not likely to result in development that is incompatible with the
surrounding area since the subject property is small and unlikely to be able
to be developed to the full density permitted by ordinance.
Land Use Plan Analysis: Staff finds the proposed rezoning to be somewhat
consistent with the City's adopted land use plans, including its Future Land
Use Map designation as Residential Neighborhood area. A rezoning to RI-12
could allow for the creation, or maintenance, of residential properties with
reduced lot sizes and form -based requirements while encouraging increased
connectivity by promoting sufficient density to allow for the connection of
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 3 of 13
W. Luna St. to N. 5911 Ave. While a similar rezoning on a larger property could
potentially allow development that is out of sync with the surrounding
neighborhood, staff finds that the requested rezoning could allow for the
creation of missing middle housing that meets City Goals 1: We Will Make
Appropriate Infill and Revitalization our Highest Priority, 4: We Will Grow a
Livable Transportation Network, and 6: We Will Create Opportunities for
Attainable Housing. Though the property has a relatively low infill score of
5, staff finds the requested rezoning to be relatively appropriate since it
would bring the parcel into conformity while not allowing for development
that is out of scale with the surrounding neighborhood.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that rezoning the subject property to RI-12 is somewhat justified
since it contains one parcel that does not currently comply with the bulk and
area regulations of the underlying R-A zoning district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from R-A to RI-12 has the potential to increase traffic at this
location when considering that RI-12 would allow for residential
development at a greater density than the existing R-A zoning. However,
staff finds that a rezoning is not likely to create or appreciably increase traffic
danger or congestion given the relatively small size of the lot and the
potential connection to two streets.
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 rezoning has the potential to alter the population density since
it would allow for increased residential development. However, staff finds
that the proposed rezoning would not undesirably increase the load on
public 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:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0027 to City
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 4 of 13
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: November 27, 2023 O Tabled N Forwarded O Denied
with a recommendation
Motion: Payne of approval for RMF-6
Second: Brink zoning.
7-1-0 (Garlock
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.03 District R-A, Residential -Agricultural
o §161.11 District RI-12, Residential Intermediate — Twelve (12) Units Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 5 of 13
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half ('/2)
(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.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback
from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the
building over one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-09;
Ord. No. 5479, 2-7-12; Ord. No. 5945 , §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6427 , §§l(Exh.
C), 2, 4-20-21)
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 6 of 13
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and medium
density with less impact than medium density development, to encourage the development of areas with existing
public facilities and to encourage the development of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
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 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3) and
family
four 4 family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 1 2 stories/3 stories'
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 7 of 13
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 ,
§2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21; Ord. No. 6658 , §2(Exh. A), 5-2-23)
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
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 8 of 13
Scion Investments, LLC
522 Goose Creek Rd
Farmington, AR 72730
November 8, 2023
Dear Tenant,
This letter is regarding the zoning change for 1272 59t" Avenue. I plan on developing a
couple of multifamily properties that will look very similar to the surrounding homes. I do
not plan on developing properties that take away from the aesthetics of the
neighborhood or that will negatively impact the value of the homes.
Sincerely,
Reed Lynch
.O.
Planning Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 9 of 13
RZN-2023-0027 1272 N 59TH AVE
One Mile View NORTH
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illillillilim Regional Link
illillillilim Neighborhood Link
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Alley
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Fayetteville City Limits
Planning Area
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= I-2 Generel ll,d lal
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PLANNED ZONING DISTRICTS
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annlna
ommisslon
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Page 10 of 13
RZN-2023-0027
Close Up View
Lu
a
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CI
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Regional Link Zone Current Proposed
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Alley RI-12 0.0 1.6
Residential Link RSF-4 0.0 0.0
■ ■ Planned Residential Link Feet
Hillside -Hilltop Overlay District
0 75 150 300 450 600
■ — ~Planning Area
_ ! Fayetteville City Limits 1 .2,400 Total 1.6 ac
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 11 of 13
RZN-2023-0027
Current Land Use
1272 N 59TH AVE
ORTH
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5/16/2I.— I— r ft
008
W
Y Single -Family Residential of
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Single -Family Residential
WEDINGTON DR
— --- ---- - -- - - --
I -
<,
PANEL
05143CO205F
- eff.5/16/2008
Regional Link FEMA Flood Hazard Data
Unclassified
Alley too -Year Floodplain
Residential Link Feet Floodway
■ ■ Planned Residential Link 0 112.5 225 450 675 900
Planning Area
Fayetteville City Limits 1 :3, 600
anninq Commission
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Paqe 12 of 13
RZN-2023-0027
Future Land Use
1272 N 59TH AVE
' 1,
co
C6
W
WARREN ST o
i W
—TRANSIT-ST
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ORTH
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eighborhood
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- - - - - - - - - - - - - - - -----------------
WEDINGTW DR
0
Y
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Regional Link City Neighborhood
Unclassified Civic Institutional
Civic and Private Open Space
Alley Industrial
Residential Link Feet Mill Natural
■ ■ Planned Residential Link Non -Municipal Government
0 145 290 580 870 1,160 Residential Neighborhood
Planning Area
- � 1:4 800 I Rural Residential
- - Fayetteville City Limits 0 Urban Center
November 27, 2023
RZN-2023-0027 (DICKSON STREET CAPITAL LLC)
Pace 13 of 13