HomeMy WebLinkAboutOrdinance 6734 IIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIII01
\�\ Doc ID: 021538420003 Type: REL
Kind: ORDINANCE
{ � `� !;'' Recorded: 04/12/2024 at 03:15:w. .v"'J► Fee Amt: $25.00 Pape 1 of 331 PM
Washington County, AR
Kyle Sylvester Circuit Clerk
113 West Mountain Street File2024_00008685
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6734
File Number: 2024-1820
REZONING-2024-0003: (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES
OF FAYETTEVILLE, LLC.,563):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0003 FOR
APPROXIMATELY 1.10 ACRES LOCATED ON EAST 12ThI STREET EAST OF SOUTH WASHINGTON
AVENUE IN WARD I FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL
INTERMEDIATE-URBAN
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 NC,Neighborhood Conservation to RI-U, Residential Intermediate-Urban.
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 April 2,2024
Approve t: Attest:
‘k-VK/ TRF9'
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rnel. ordan, � .;or Kara Paxton,City Cl rk Treasurer
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This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas.Amount
Paid: $ lG
1 Page 1
DG
NC
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RI-U
RSF-18
Walker Park
Connector
W i l l o w B end
Wa l k way
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Proposed RI-U
Proposed RI-U
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13TH ST
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ALM
AVE
ELLA ST
11TH ST
13TH ST
12TH ST
12TH PL
13TH PL
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0003 272 E. 12TH ST
N
0 150 300 450 60075
Feet
Subject Properties
Zone Proposed
NC
RI-U
0.0
1.1
Total 1.1 ac1:2,400
Current
1.1
0.0
Parcel# 765-03340-000
LOTS 6 & 7 BLOCK 2 ALSO: 10 FT ALLEY E OF LOTS 4 & 5 & 20 FT CLOSED STREET E OF LOTS 6 & 7
FURTHER DESCRIBED FROM 2023-29722 AS: Lots 6 & 7, Block 2, Berl Dodd Addition, to the City of
Fayetteville, Washington County, Arkansas, as shown on Plat Record "4" at page 219. Subject to a
ten (10) foot alley which lies East of Lots 4 and 5 and West of Lots 6 and 7 in Block 2, Berl Dodd
Addition to the City of Fayetteville, as shown on Plat Record "4" at page 219.
AND
All that part of Willow A venue lying East of and being immediately adjacent to the East line of Lots
Six (6) and Seven (7) of Block Two (2) of Berl Dodd Addition to the City of Fayetteville, Arkansas as
shown in Plat Book 4 at Page 219 of the Land Records of Washington County, Arkansas, and being
more particularly described as follows: Beginning at the Northeast Corner of said Lot Seven (7),
Block Two (2), said Point being an existing iron rebar; thence S89°56'51"E 20.08 feet to an existing
½’’ iron rebar on the East Right-of-Way Line of Willow Avenue, said point also being on the West
Boundary of Washington County Land Parcel 765-15141-000, thence S00°07'57"W 115.75 feet
along the East Right-of-Way Line of Willow Avenue to an existing iron rebar at the North Right-of-
Way line of E. 12th Street, thence leaving the East Right-of-Way line of said Willow Avenue and the
West Boundary of said Land Parcel 765-15141-000, N89°59'55"W 20.08 feet to the Southeast
Corner of said Lot Six (6), Block Two (2), thence leaving the North Right-of-Way Line of said E. 12th
Street, N00°07'57"E 115.77 feet along the East Line of said Lots Six (6) and Seven (7), Block Two (2),
to the Point of Beginning.
Parcel: 765-03342-000
LOTS 1 & 10 PT LOTS 2 & 9 BLOCK 3 & PT WILLOW AVE ABANDONED ALLEY WAY 0.04 AC
FURTHER DESCRIBED AS:
All of Lots One (1) and Ten (10) and the North 39.00 feet of Lots Two (2) and Nine (9) in Block
Numbered Three (3), Burl Dodd Addition to the City of Fayetteville, as per plat of said addition on
file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. That
portion of South Willow Avenue described as beginning 659.48 feet West and 849.43 feet North of
the Southeast corner of the Southwest quarter of the Northwest Quarter of Section 22, Township 16
North, Range 30 West to the point of beginning, thence North 97.00 feet, thence West 20 feet;
thence South 97.00 feet; thence East 20 feet to the point of beginning. also, the alley way located
799.48 feet West and 849.43 feet North of the Southeast corner of the
Northwest Quarter of Section 22, Township 16 North, Range 30 West to the point of beginning;
thence North 97 feet; thence West 10 feet; thence South 97 feet; thence East 10 feet to the point of
beginning.
Washington County, AR
I certify this instrument was filed on
04/12/2024 03:15:31 PM
and recorded in Real Estate
File Number 2024-00008685
Kyle Sylvester- Circuit Clerk
by
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-1820
MEETING OF APRIL 2, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Kylee Cole, Planner
SUBJECT: RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH
ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE
CONSULTING for property located at 203-209; 239-245; 270-280; AND 283-289 272 E.
12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION
and contains approximately 1.10 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE-URBAN.
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 approximately 0.11 miles east of Walker Park. The property
consists of two parcels. The northern parcel contains approximately 0.40 acres and is developed with two
structures, each with three dwelling units and constructed around 1996 (parcel 765-03340-000). The southern
parcel contains approximately 0.70 acres and is developed with three structures, each with four dwelling units
constructed around 1996 (parcel 765-03342-000). Both parcels are zoned NC, Neighborhood Conservation,
received as part of the 2008 staff-initiated rezoning of the Walker Park neighborhood.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate – Urban.
Public Comment: To date, staff has received two inquiries including one with concerns about general property
upkeep and one email in support of the request.
Land Use Compatibility: Staff finds the proposed rezoning from NC to RI-U to be compatible with the
surrounding area. The intent of the RI-U zoning district is to provide a range of housing types compatible in
scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable
urban living. The subject property is located between higher density multi-family developments to the north and
east, and lower density single-family dwellings to the south and west. The parcels in question currently have
developments that exceed the density limit for the NC zoning district (ten units per acre). The northern and
southern lots have a density of 15 units and 17 units per acre, respectively. Further, these parcels have uses
that are conditional in NC zoning, but a conditional use permit was never issued, thus the uses are non-
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
conforming. Single-, two-, three-, and four-family dwellings are permitted by right in the RI-U zoning district. In
RI-U zoning, all lots with dwellings are required to maintain a minimum width of 18 feet with no minimum lot
area requirement. The subject lots meet the minimum lot widths for RI-U zoning and are consistent with a
range of lot widths in the vicinity, ranging from a minimum of 40 feet to the south, 140 feet to the north, and the
large 9.6-acre Fayetteville Housing Authority parcel to the east. Staff recognizes that rezoning to RI-U would
not bring the southern structure into conformance, as it would keep the build-to-zone that is also present in NC
and the structures are set back from the street. However, staff finds the requested rezoning to be ultimately
compatible since the subject parcels appear to be better aligned with the spirit and intent of the RI-U zoning
district, and the rezoning would allow a nonconforming use to be brought into conformity.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City’s adopted land use
plans, including its Future Land Use Map designation as a Residential Neighborhood area. A rezoning to RI-U
could permit residential properties with reduced lot sizes in traditional form while encouraging diversity of
housing types. Staff finds that the requested rezoning could allow for the creation of missing middle housing
meeting City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will
Create Opportunities for Attainable Housing. The property has a moderate infill score of 7, and staff finds the
requested rezoning to be appropriate since it would bring the use and density of the parcels into conformity
and provide a transition from lower density NC zoning at the west to higher density DG zoning at the east.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 9, 2250 S. School Ave.)
• Near Sewer Main (2-inch main, E. 12th St.)
• Near Water Main (8-inch main, E. 12th St.)
• Near City Park (Walker Park)
• Near Paved Trail (S. Washington Ave. Marked Shared Roadway; Walker Park Trail; Walker Senior
Trail)
• Near ORT Bus Stop (S. College Ave. and E. 13th St.)
• Within Master Plan Area (Walker Park Neighborhood)
DISCUSSION:
At the March 11, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. The commissioners cited future land use compatibility, density, and staff
recommendations as noted in the report as reasons for approval. There was no public comment at the
meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6)
Page 1
City of Fayetteville, Arkansas
Legislation Text
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
File #: 2024-1820
RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST.
TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for
property located at 203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST. in WARD 1. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.10
acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-0003 FOR APPROXIMATELY 1.10 ACRES LOCATED ON EAST 12TH STREET EAST OF
SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION
TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN
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 NC, Neighborhood Conservation to RI-U,
Residential Intermediate-Urban.
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.
3/15/2024
Submitted Date
No
-$
-$
V20221130
Budgeted Item?
Does item have a direct cost?
Is a Budget Adjustment attached?
Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
-$
-$
No
No -$
-$
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-1820
Item ID
4/2/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF
FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for property located at 203-209; 239-245; 270-280;
AND 283-289 272 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 1.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN.
N/A for Non-Agenda Item
Action Recommendation:
Submitted By
Jonathan Curth DEVELOPMENT REVIEW (630)
Division / Department
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Kylee Cole, Planner
MEETING DATE: March 11, 2024
SUBJECT: RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289
272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563):
Submitted by SWOPE CONSULTING for property located at 203-209; 239-
245; 270-280; AND 283-289 272 E. 12TH ST. The property is zoned NC,
NEIGHBORHOOD CONSERVATION and contains approximately 1.10
acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE-URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0003 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0003 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property is in south Fayetteville approximately 0.11 miles east of Walker Park. The
property consists of two parcels. The northern parcel contains approximately 0.40 acres and is
developed with two multi-family dwellings, each with three units constructed around 1996 (parcel
765-03340-000). The southern parcel contains approximately 0.70 acres and is developed with
three multi-family dwellings, each with four units constructed around 1996 (parcel 765-03342-
000). Both parcels are zoned NC, Neighborhood Conservation, which it received as part of the
2008 staff-initiated rezoning of the Walker Park neighborhood. 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; Multi-Family
Residential
NC, Neighborhood Conservation; RI-U, Residential
Intermediate - Urban
South Single-Family Residential; Multi-Family
Residential
NC, Neighborhood Conservation; RI-U, Residential
Intermediate - Urban
East Morgan Manor (Fayetteville Housing
Authority) DG, Downtown General
West Single-Family Residential NC, Neighborhood Conservation
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to
RI-U, Residential Intermediate – Urban.
Public Comment: To date, staff has received one inquiry and one public comment regarding the
current state of the property and concerns about potential higher density development.
INFRASTRUCTURE:
Streets: The subject property has frontage along E. 12th St., a partially improved Residential
Link street with asphalt paving, curb, gutter, and sidewalk (sidewalk along the
northern side). 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 two-inch water main
is present on the north side of E. 12th Street.
Sewer: Public sanitary sewer is available to the subject property. An existing eight-inch
sewer main is present on the south side of E. 12th Street.
Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams are present. Any
improvements or requirements for drainage would be determined at the time of
development submittal. Hydric soils are present, which is 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 are issued for the property a statement/report from
an environmental professional must be provided summarizing the existence of
wetlands on the property. If this statement/report indicates that wetlands may be
present on site, a USACE Determination of Jurisdictional Wetlands will be required
at the time of development submittal.
Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located
approximately 1.2 miles from the fire station with an anticipated drive time of
approximately three minutes using existing streets. The anticipated response time
would be approximately 5.2 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-U, Residential Intermediate – Urban requires
15% minimum canopy preservation. The current zoning district of NC,
Neighborhood Conservation 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 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
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 7 for
this site with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response
• Near Sewer Main (2-inch main, E. 12th St.)
• Near Water Main (8-inch main, E. 12th St.)
• Near City Park (Walker Park)
• Near Paved Trail (S. Washington Ave. Marked Shared Roadway; Walker Park Trail;
Walker Senior Trail)
• Near ORT Bus Stop (S. College Ave. and E. 13th St.)
• Within Master Plan Area (Walker Park Neighborhood)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed rezoning from NC to RI-U
to be compatible with the surrounding area. The intent of the RI-U zoning
district is to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet
demand for walkable urban living. The subject property is located between
higher density multi-family developments to the north and east, and lower
density single-family dwellings to the south and west. The parcels in
question currently have developments that exceed the density limit for the
NC zoning district. NC zoning permits a density of ten units per acre. The
northern and southern lots have a density of 15 units and 17 units per acre,
respectively. Further, these parcels host uses that are conditional in NC
zoning, but a conditional use permit was never issued, thus the uses are
non-conforming. Single-, two-, three-, and four-family dwellings are
permitted by right in the RI-U zoning district. All lots with dwellings are
required to maintain a minimum width of 18 feet with no minimum lot area
requirement. The NC district requires lot widths of 40 feet with lot areas 4,000
square feet minimum. The subject lots meet the minimum lot widths for RI-U
zoning, and are consistent with a wide variety of lot widths in the vicinity
ranging from a minimum of 40 feet to the south, 140 feet to the north, and the
large 9.6-acre Fayetteville Housing Authority parcel to the east. Staff
recognizes that a rezone to RI-U would keep the build-to-zone that is also
present in NC, and the southern parcel would still be non-conforming with
this requirement. However, staff finds the requested rezoning to be
ultimately compatible since location of the subject parcel appear to be better
aligned with the spirit and intent of the RI-U zoning district, and since the
rezoning would allow a nonconforming use to be brought into conformity.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the City’s adopted land use plans, including its Future Land Use Map
designation as Residential Neighborhood area. A rezoning to RI-U could
allow for the creation, or maintenance, of residential properties with reduced
lot sizes and form-based requirements while encouraging diversity of
housing types. 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 and 6: We Will
Create Opportunities for Attainable Housing. The property has a moderate
low infill score of 7, and staff finds the requested rezoning to be appropriate
since it would bring the use and density of the parcels into conformity and
provide a transition from lower density NC zoning at the west to higher
density DG zoning at the east.
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-U is justified since it
contains both parcels that do not currently comply with the density
regulations of the underlying NC zoning district.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NC to RI-U has the potential to increase traffic at this
location when considering that RI-U would allow for residential development
at a greater density than the existing NC zoning. However, staff finds that a
rezoning is not likely to create or appreciably increase traffic danger or
congestion given that the properties are already developed with three- and
four-family units.
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-2024-0003 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: March 11, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.12 District RI-U, Residential Intermediate – Urban
o §161.29 District NC, Neighborhood Conservation
• Request Letter
• Public Comment
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(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 26 Multi-family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side Other
Uses
Side Single
& Two (2)
Family
Rear Other
Uses
Rear, from
centerline of
an alley
A build-to zone that is
located between the front
property, line and a line 25
feet from the front property
line.
None 5 feet 5 feet 12 feet
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* 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 60% 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.
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such
as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 12a Limited business*
Unit 24 Home occupations
Unit 25 Offices, studios, and related services
Unit 28 Center for collecting recyclable materials
Unit 36 Wireless communication facilities
Unit 44 Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front A build-to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side 5 feet
Rear 5 feet
Rear, from center line of an alley 12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
Swope Engineering
7 Halsted Circle • Suite 210 • Rogers, AR 72756 • 479.877.7388
February 8th, 2024
Development Services Building
Attn: Gretchen Harrison, Planner
125 West Mountain Street
Fayetteville, AR 72701
Re: Rezone Neighborhood Conservation to RI-U
Parcel #'s 765-03340-000 and 765-03342-000
Dear Ms. Harrison,
This rezoning will not adversely affect or conflict with surrounding land uses, because the same zoning
exists all around both properties. These properties are bound by 12th Street, by RI -U north of the north
parcel, and by both NC and RI-U to the south of the south parcel.
This rezone is requested because the owner would like to add floor area to the existing units, providing
tenants more livable space.
Because this zoning designation encourages attached/detached dwellings in a range of housing types
compatible in scale with single -family homes), the proposed development will meet the goals of the city's
infill plans. This zoning also encourages a divers ity of housing types for the walkable urban living
demands that exist.
Please accept this application for your support of the referenced rezoning before the Planning
Commission and City Council.
Sincerely,
Phil Swope, PE
Project Engineer
RZN-2024-0003 Public Comment Summary
• Inquiry from Lisa Meeks – No support or opposition.
• March 4, 2024 – Call from Penny Carol (neighbor) who is concerned about the current state
of the property (trash, dogs chained up outside, etc) and that it may get worse with rezoning
that allows higher density development. I told her about the applicant’s building permit to
add a second floor, but no additional units and it seemed that they were generally trying to
improve the property. She said she would be sending me photos (none received as of March
6, 2024).
1
Cole, Kylee
From:Penny Carroll <pennecarroll@gmail.com>
Sent:Monday, March 11, 2024 2:51 PM
To:Cole, Kylee
Subject:Rezone 12th Street
Follow Up Flag:Follow up
Flag Status:Completed
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
To: Planning Commission
Re: Rezone 12th Street
This is Penny Carroll and I own the property directly to the west of this rezoning request, on
Washington Ave As an immediate neighbor, I would like to highly encourage you to approve
the request. This corner, actually the whole section for a couple of blocks, is greatly in need of
improvement. Revitalizing it would be a boon to the neighborhood. It also adheres to several
basic principles of establishing more affordable housing, because it adds greater density
without taking up a larger footprint. Please approve the rezoning request.
Thank you for your consideration,
Penny Carroll
RI-12C-1
RMF-24R-A
RPZD
C-2
MSC
CS
DG
I-2
NC
RSF-4
P-1
I-1 RSF-8
HUNTSVILLE RD
H
U
N
T
S
VIL
L
E
R
D
SC
H
O
O
L
A
V
E
MARTIN LUTHER
KING JR BLVD
N ELSO N
H A C KETT B L V D
15TH ST
19TH ST MO
R
N
I
N
G
S
I
D
E
D
R
Regional Link
Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Planned Neighborhood Link
Shared-Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
Planning Area
Zoning
RESIDENTIAL SINGLE-FAMILY
NS-G
RI-U
RI-12
NS-L
Residential-Agricultural
RSF-.5
RSF-1
RSF-2
RSF-4
RSF-7
RSF-8
RSF-18
RESIDENTIAL MULTI-FAMILY
RMF-6
RMF-12
RMF-18
RMF-24
RMF-40
INDUSTRIAL
I-1 Heavy Commercial and Light Industrial
I-2 General Industrial
EXTRACTION
E-1
COMMERCIAL
Residential-Office
C-1
C-2
C-3
FORM BASED DISTRICTS
Downtown Core
Urban Thoroughfare
Main Street Center
Downtown General
Community Services
Neighborhood Services
Neighborhood Conservation
PLANNED ZONING DISTRICTS
Commercial, Industrial, Residential
INSTITUTIONAL
P-1
One Mile View
RZN-2024-0003 272 E. 12TH ST N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Properties
DG
NC
NS-L
P-1
RI-U
RSF-18
Walker Park
Connector
W i l l o w B end
Wa l k way
Wa
l
k
e
r
Pa
r
k
T
r
a
i
l
Proposed RI-U
Proposed RI-U
WA
S
H
I
N
G
T
O
N
A
V
E
13TH ST
CO
L
L
E
G
E
A
V
E
AL
L
E
Y
24
2
WA
X
F
L
O
W
E
R
A
V
E
B
E
E
B
ALM
AVE
ELLA ST
11TH ST
13TH ST
12TH ST
12TH PL
13TH PL
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0003 272 E. 12TH ST
N
0 150 300 450 60075
Feet
Subject Properties
Zone Proposed
NC
RI-U
0.0
1.1
Total 1.1 ac1:2,400
Current
1.1
0.0
COLLEGE
AVE
13TH ST
WA
S
H
I
N
G
T
O
N
A
V
E
MCCLINTON ST
WO
O
D
A
V
E
15TH ST
Regional Link - High Activity
Unclassified
Alley
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2024-0003 272 E. 12TH ST N
0 225 450 675 900112.5
Feet
Subject Properties
Multi-Family Residential
and Single-Family Residential
Single-Family Residential
and Undeveloped
1:3,600
Single-Family Residential
and Walker Park
Multi-Family Residential,
and Single-Family Residential
City
Neighborhood
Civic and
Private
Open Space
Industrial
Natural
Residential
Neighborhood
CO
L
L
E
G
E
A
V
E
13TH ST
MCCLINTON ST
WA
S
H
I
N
G
T
O
N
A
V
E
BL
O
C
K
A
V
E
WO
O
D
A
V
E
SCRIMSHAW
CV
AL
L
E
Y
2
4
2
10TH ST
13TH ST
FAIRLANE
ST
WHITEFIS HBAYPL
B
E
EBALM
AVE
ELLA ST
11TH ST
NANTUCKET
DR
13TH ST
9TH ST
12TH S T
WAXFLOWER
AVE
JA
N
E
L
L
E
A
V
E
12TH PL
13TH PL
WO
O
D
A
V
E
15TH ST
Regional Link - High Activity
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0003 272 E. 12TH ST N
0 290 580 870 1,160145
Feet
Subject Properties
1:4,800
Form v1.46
NV\'4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE,AR 72701
Ad number#: 391268 APR 0 9 2024
PO#: CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Matter of: Ord 6734
AFFIDAVIT•STATE OF ARKANSAS
I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper
printed and published in WASHINGTONBENTON 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 6734
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 NWA Democrat Gazette for publication the sum of$95.76.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 04/07/24;NWA nwaonline.cone 04/07/24
ga-tolfz-z—c—
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 9th day of April,2024 ; `
CATHERINE STAGGS
7��� .r��,., ,4 MY COMMISSION li 12402772
S f UD t •
EXPIRES:February 28, 2025
C�� •.;!x��; �•� Washington County
NOTARY PUBLIC
Ordinance:6734
File Number:2024-1820
REZONING-2024-0003:(203-
209; 239-245; 270-280;AND
283-289 272 E.12TH STJ12TH
ST. TOWNHOMES OF FAYET-
TEVILLE,LLC.,563):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
0003 FOR APPROXIMATELY 1.10
ACRES LOCATED ON EAST 12TH
STREET EAST OF SOUTH WASH-
INGTON AVENUE IN WARD 1
FROM NC, NEIGHBORHOOD •
CONSERVATION TO RI-U.RESI-
DENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED 8Y THE CITY
COUNCIL OF THE CITY OF
FAYETIEVILLE.ARKANSAS:
Section 1:That the City Coun-
cil of the City of Fayetteville,
Arkansas hereby changes the
zone classification of the prop-
erty shown on the map(Exhibit
A)and the legal description(Ex-
hibit B)both attached to the
Planning Department's Agenda
Memo from NC,Neighborhood
Conservation to RI-U.Residen-
tial Intermediate-Urban.
Section 2:That the City Coun-
cil 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
April 2,2024
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:$95.76
April 7,2024 391268