HomeMy WebLinkAboutOrdinance 6744 IIII IIII11111IIIIHIIIIM III IHIHIIO0111I4 II
Doc ID: 021596520004 Type: REL
Kind: ORDINANCE
Recorded: 05/24/2024 at 01:40:43 PM
Fee Amt: n30.00 Page 1 of 4
/•;�� Washington County, AR
Kyle Sylvester Circuit Clerk Q
f•
' lIe ' File2O24-00011271 28
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6744
File Number: 2024-20
REZONING-2024-0009: (E. 10TH ST. AND S. WAXFLOWER AVE./WILLOW BEND LOTS 23, 26 & 31,
563):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-009 FOR
APPROXIMATELY 3.87 ACRES LOCATED AT EAST 10TH STREET AND SOUTH WAXFLOWER AVENUE IN
WARD 1 FROM RSF-18, RESIDENTIAL SINGLE-FAMILY, EIGHTEEN UNITS PER ACRE AND 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 RSF-18, Residential Single-Family, Eighteen Units Per Acre and 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 May 7,2024
Approved Attest: oK Y,rRFg;• G�i�
GAS O,r •G ��
:717
GC!7i� =v;FAYETTEVILLE;
ionel Jordan, r Kara Paxton,City Cle Treasurer ; -
y,/y i;O 1,,
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $103^ ,1n
Page 1
RMF-18
DG
NC
RI-U
RSF-18
Willow Bend Walkway
Proposed RI-U
Proposed
RI-U
WOOD
AVE
WA
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T
O
N
A
V
E
MCCLINTON ST
7TH ST
11TH ST
9TH ST
10TH ST
B
E
E
B
A
L
M
AVE
WO
O
D
A
V
E
12TH PL
WAXFLOWER
AVE
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0009 EAST OF S. WAXFLOWER
AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NC
RI-U
RSF-18
0.0
3.9
0.0
Total 3.9 ac1:2,400
Current
1.9
0.0
2.0
RZN-2024-0009
EXHIBIT 'A'
2 3 9 7 N G r e e n A c r e s R o a d F a y e t t e v i l l e , A r k a n s a s 7 2 7 0 3
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Legal description for Homes at Willow Bend rezoning request
Below is the complete legal description as identified by the Washington County Assessor’s Office:
WILLOW BEND SUBDIVISION, LOT 23
WILLOW BEND SUBDIVISION, LOT 26
WILLOW BEND SUBDIVISION, LOT 31
RZN-2024-0009
EXHIBIT 'B'
Washington County,AR
I certify this instrument was filed on
05/24/2024 01:40:43 PM
and recorded in Real Estate
File Number 2024-00012728
Kyle Sylvester- Circuit Clerk
by
1
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
CITY COUNCIL MEMO
2024-20
MEETING OF MAY 7, 2024
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
SUBJECT: RZN-2024-0009: Rezoning (E. 10TH ST. AND S. WAXFLOWER AVE./WILLOW BEND
LOTS 23, 26 & 31, 563): Submitted by MBL PLANNING for property located at E. 10TH
ST. AND S. WAXFLOWER AVE. in WARD 1. The property is zoned RSF-18,
RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE and NC, NEIGHBORHOOD
CONSERVATION, and contains approximately 3.87 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 contains lots 23, 26, and 31 of the Willow Bend subdivision, which total 0.90, 1.23, and
1.74 acres, respectively. The final plat of the Willow Bend subdivision was recorded in February 2020. In
September 2020, a conditional use permit was approved to allow cluster housing on lots 23, 26, and 31 (CUP-
2020-000004). That conditional use permit expired after three years on September 14, 2023. Large scale
development approval for cluster housing on lots 26 and 31 was granted in October 2021, though that approval
expired after one year in October 2022. A small-site improvement plan for cluster housing on lot 23 was
submitted to staff in 2021, but it was never approved.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation and RSF-18,
Residential Single-Family, 18 Units per Acre to RI-U, Residential Intermediate-Urban.
Public Comment: Staff has not received any public comment on this item to date.
Land Use Compatibility: Staff finds the proposed zoning to be compatible with current land use and zoning
patterns. While the surrounding neighborhood primarily consists of detached single-family dwellings, there are
attached dwellings and nonresidential uses in proximity to this site. In terms of zoning, all other lots in the
Willow Bend subdivision are zoned RSF-18, Residential Single-Family, 18 Units per Acre, and most other lots
in the general vicinity are zoned NC, Neighborhood Conservation. Both RSF-18 and NC only allow for the by-
right development of detached single-family dwellings, albeit on narrower lots than most single-family zoning
designations. While the proposed zoning district of RI-U, Residential Intermediate-Urban, allows for the by-right
development of single-family dwellings, it would also allow for the by-right development of two-family to four-
family dwellings with density limitations primarily based on building heights and site planning regulations. RI-U
Mailing address:
113 W. Mountain Street
Fayetteville, AR 72701
www.fayetteville-ar.gov
zoning would also allow for the creation of smaller lots when compared to RSF-18 and NC.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent with the City’s land use plans. The
subject property is designated as Residential Neighborhood area in the City Plan 2040 Future Land Use Map.
Staff finds that a rezoning from NC and RSF-18 to RI-U could support that designation, since a rezoning to RI-
U would allow for a wider variety of housing types. Staff also finds the requested rezoning to be aligned with
Goals 1, 4, and 6 of City Plan 2040 since it would encourage residential infill in an area that has a moderate
infill score of 7 and is in proximity to paved trails and bus routes. Staff also finds the proposed rezoning to be
generally aligned with the Walker Park Neighborhood Plan since it would retain a balance of housing options
and enable residents to live in the same neighborhood as their housing needs change.
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 (eight-inch main, Waxflower Avenue and 10th Street)
• Near Water Main (two-inch and eight-inch mains, on site and along Waxflower Avenue and 10th Street)
• Near City Park (Walker Park, Jefferson Park)
• Near Paved Trail (Walker Park Trail)
• Near ORT Bust Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood)
DISCUSSION:
At the April 8, 2024, Planning Commission meeting, a vote of 7-0-0 forwarded this request to City Council with
a recommendation of approval. Commissioner Garlock made the motion and Commissioner Werner seconded
it. Commissioner Werner expressed concerns about RI-U allowing for reduced tree preservation when
compared to NC and RSF-18 zoning, though he still voted in favor of the request. Urban forestry did not
comment on the item and no members of the public spoke 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 #: 2024-20
RZN-2024-0009: Rezoning (E. 10TH ST. AND S. WAXFLOWER AVE./WILLOW BEND LOTS
23, 26 & 31, 563): Submitted by MBL PLANNING for property located at E. 10TH ST. AND S.
WAXFLOWER AVE. in WARD 1. The property is zoned RSF-18, RESIDENTIAL SINGLE-
FAMILY, 18 UNITS PER ACRE and NC, NEIGHBORHOOD CONSERVATION, and contains
approximately 3.87 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
2024-009 FOR APPROXIMATELY 3.87 ACRES LOCATED AT EAST 10TH STREET AND SOUTH
WAXFLOWER AVENUE IN WARD 1 FROM RSF-18, RESIDENTIAL SINGLE-FAMILY,
EIGHTEEN UNITS PER ACRE AND 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 RSF-18, Residential Single-Family,
Eighteen Units Per Acre and 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.
#
Comments:
Purchase Order Number:
Change Order Number:
Previous Ordinance or Resolution #
Approval Date:
Original Contract Number:
Project Number
Budget Impact:
FundAccount Number
Project Title
City of Fayetteville Staff Review Form
2024-20
Item ID
5/7/2024
City Council Meeting Date - Agenda Item Only
RZN-2024-0009: Rezoning (E. 10TH ST. AND S. WAXFLOWER AVE./WILLOW BEND LOTS 23, 26 & 31, 563): Submitted
by MBL PLANNING for property located at E. 10TH ST. AND S. WAXFLOWER AVE. in WARD 1. The property is zoned
RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE and NC, NEIGHBORHOOD CONSERVATION, and contains
approximately 3.87 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
4/19/2024
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 -$
-$
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Senior Planner
MEETING DATE: April 8, 2024
SUBJECT: RZN-2024-0009: Rezoning (E. 10TH ST. AND S. WAXFLOWER
AVE./WILLOW BEND LOTS 23, 26 & 31, 563): Submitted by MBL
PLANNING for property located at E. 10TH ST. AND S. WAXFLOWER AVE.
The property is zoned RSF-18, RESIDENTIAL SINGLE-FAMILY, 18
UNITS PER ACRE and NC, NEIGHBORHOOD CONSERVATION, and
contains approximately 3.87 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE-URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0009 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
“I move to forward RZN-2024-0009 to City Council with a recommendation of approval.”
BACKGROUND:
The subject property contains lots 23, 26, and 31 of the Willow Bend subdivision which total 0.90,
1.23, and 1.74 acres, respectively. The final plat of the Willow Bend subdivision was recorded in
February of 2020. In September of 2020, a conditional use permit was approved to allow cluster
housing on lots 23, 26, and 31 (CUP-2020-000004). That conditional use permit expired after
three years on September 14, 2023. Large scale development approval for cluster housing on
lots 26 and 31 was granted in October of 2021, though that approval expired after one year in
October of 2022. A small-site improvement plan for cluster housing on lot 23 was submitted to
staff in 2021 but it was never approved. Surrounding land uses and zoning are depicted in Table
1.
Table 1:
Surrounding Land Uses and Zoning
Direction Land Use Zoning
North Single-Family Residential
Undeveloped NC, Neighborhood Conservation
South Single-Family Residential
Undeveloped
NC, Neighborhood Conservation
RSF-18, Residential Single-Family, 18 Units per Acre
East Single-Family Residential
Undeveloped
NC, Neighborhood Conservation
RSF-18, Residential Single-Family, 18 Units per Acre
West Single-Family Residential
Undeveloped
NC, Neighborhood Conservation
RSF-18, Residential Single-Family, 18 Units per Acre
Request: The request is to rezone the subject property from NC, Neighborhood Conservation and
RSF-18, Residential Single-Family, 18 Units per Acre to RI-U, Residential Intermediate-Urban.
(updated with results)
Public Comment: Staff has not received any public comment on this item to date.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along South Waxflower Avenue, a partially
improved Residential Link Street with asphalt paving, curb, and gutter. The
property also has frontage along East 10th Street, 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 South Waxflower Avenue and on the north side of
East 10th Street. An existing two-inch water main is also present on each lot.
Sewer: Sanitary sewer is available to the subject property. An existing eight-inch sewer
main is present on the west side of South Waxflower Avenue and on the south
side of East 10th Street.
Drainage: Any improvements or requirements for drainage will be determined at the time of
development submittal. No portion of the subject property lies within the
Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected
streams are present on site. Hydric soils are present which are known indicators
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 1.4 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 one 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, RI-U, Residential Intermediate-Urban, requires 15%
minimum canopy preservation. The current zoning districts, NC, Neighborhood
Conservation and RSF-18, Residential Single-Family, 18 Units per Acre, require
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 area. The property is
also located within the Walker Park Neighborhood Master Plan area.
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.
The Walker Park Neighborhood Master Plan was the city’s first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 9, 2250 S. School Ave.)
• Near Sewer Main (eight-inch main, Waxflower Avenue and 10th Street)
• Near Water Main (two-inch and eight-inch mains, on site and along Waxflower Avenue
and 10th Street)
• Near City Park (Walker Park, Jefferson Park)
• Near Paved Trail (Walker Park Trail)
• Near ORT Bust Stop (Route 20)
• 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 zoning to be compatible
with current land use and zoning patterns. While the surrounding
neighborhood primarily consists of detached single-family dwellings, there
are attached dwellings and nonresidential uses in close proximity to this
site. In terms of zoning, all other lots in the Willow Bend subdivision are
zoned RSF-18, Residential Single-Family, 18 Units per Acre, and most other
lots in the general vicinity are zoned NC, Neighborhood Conservation. Both
RSF-18 and NC only allow for the by-right development of detached single-
family dwellings. While the proposed zoning district of RI-U, Residential
Intermediate-Urban allows for the by-right development of single-family
dwellings, it would also allow for the by-right development of two-family to
four-family dwellings without limitation to density. RI-U zoning would also
allow for the creation of smaller lots when compared to RSF-18 and NC.
Land Use Plan Analysis: Staff finds the applicant’s request to be consistent
with the City’s land use plans. The subject property is designated as
Residential Neighborhood area in the City Plan 2040 Future Land Use Map.
Staff finds that a rezoning from NC and RSF-18 to RI-U could support that
designation since a rezoning to RI-U would allow for a wider variety of
housing types. Staff also finds the requested rezoning to be aligned with
Goals 1, 4, and 6 of City Plan 2040 since it would encourage residential infill
in an area that has a moderate infill score of 7 and is in close proximity to
paved trails and bus routes. Staff also finds the proposed rezoning to be
generally aligned with the Walker Park Neighborhood Plan since it would
retain a balance of housing options and enable residents to live in the same
neighborhood as their housing needs change.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning from NC and RSF-18 to RI-U is justified
since it would allow for incremental residential infill. The existing NC and
RSF-18 zoning districts have more limited bulk, area, and density limitations
and they do not allow for the development of two-family to four-family
dwellings by right.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from NC and RSF-18 to RI-U has the potential to increase traffic
at this location when considering that RI-U would allow for more dense
development than the existing zoning districts which have stated density
limitations. The lots under consideration have direct access to public streets
and any necessary street improvements and potential traffic impacts would
be determined 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: The proposed rezoning has the potential to alter the population density since
it would allow for increased residential development. However, the property
is in close proximity to public streets and existing water and sewer mains.
Any necessary upgrades or improvements to existing infrastructure would
be determined at the time of development. 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-2024-0009 to City
Council with a recommendation of approval.
________________________________________________________________________
PLANNING COMMISSION ACTION: Required YES
Date: April 8, 2024 ❒ Tabled ❒ Forwarded ❒ Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code
o §161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per
Acre
o §161.12 District RI-U, Residential Intermediate - Urban
o §161.29 Neighborhood Conservation
• Request Letter
• One Mile Map
• Close-Up Map
• Current Land Use Map
• Future Land Use Map
x
with a recommendation
of approvalGarlock
Werner
7-0-0
161.10 District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient
development of single-family detached residences in a variety of densities.
(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.
Units per acre Eighteen (18) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 30 feet
Two (2) family 30 feet
(2) Lot Area Minimum.
Townhouses: individual lot 1,250 square feet
Single-family 2,500 square feet
Two-family 2,000 square feet
(E) Setback Requirements.
Front Side Side-Zero Lot Line* Rear
A build-to zone
that is located
between the front
property line and
a line 25 ft. from
the front property
line.
5 feet
on both
sides
A setback of less than five
feet (zero lot line) is
permitted on one interior
side, provided a
maintenance agreement is
filed**. The remaining side
setback(s) shall be 10 feet.
5 feet
* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building
Code when locating a structure in close proximity to property lines and/or adjacent structures.
** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This
may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a
maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the
maintenance area.
(F) Building Height Regulations.
Building Height Maximum 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 for two-family dwellings.
(Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; 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)
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.
(Ord. No. 5945 , §5(Exh. A), 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)
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
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; 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 , §§5, 7—9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
2 3 9 7 N G r e e n A c r e s R o a d F a y e t t e v i l l e , A r k a n s a s 7 2 7 0 3
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning request for Willow Bend Subdivision Lots 23, 26, 31 from a combination of RSF-18
District and NC District to RI-U District
Along with our application, please consider these justifications for rezoning request.
1. The subject properties are currently zoned a combination of Residential Single-Family – 18
Units per Acre (RSF-18) and Neighborhood Conservation (NC). The rezoning of this property
to Residential Intermediate – Urban (RI-U) will support the orderly development of missing
middle housing in Fayetteville by creating additional acreage for needed development of these
housing types.
2. There are ten properties zoned RI-U within 500ft of this property. This represents that the uses
included in the RI-U have been considered compatible with the NC & RSF-18 uses in the past.
We believe this is also true for the subject properties.
3. The subject properties are in a neighborhood with a clear grid pattern which allows for the
rapid distribution of any potential vehicle load associated with the future development of these
lots. This rezoning is not expected to negatively impact traffic demand on the subject properties
and the nearby streets are expected to be fully capable of providing sufficient capacity for the
subject property upon approval of this rezoning.
It is for these reasons that this request for rezoning to Residential Intermediate – Urban will not
adversely affect nor conflict with the surrounding properties and can be appropriately applied to Lots
23, 26, and 31 of the Willow Bend Subdivision.
Sincerely,
Lindsay Hackett
Lindsay Hackett, AICP
Project Manager
MBL Planning
RMF-24R-A
RPZD
C-2
MSC
DG
CS
NC
RSF-4
P-1
I-1
RSF-8
C-1
HUNTSVILLE RD
H
U
N
T
S
VIL
L
E
R
D
COLLEGE
AVE
SC
H
O
O
L
A
V
E
ROCK
ST
15TH ST
N E L S ON H A C KETT B L V D
MARTIN LUTHER
KING JR BLVD
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
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-2024-0009 EAST OF S. WAXFLOWER
AVE N
0 0.25 0.50.13 Miles
Planning Area
Fayetteville City Limits
Subject Property
E. 10TH ST. &
S. WAXFLOWER AVE.
RMF-18
DG
NC
RI-U
RSF-18
Willow Bend Walkway
Proposed RI-U
Proposed
RI-U
WOOD
AVE
WA
S
H
I
N
G
T
O
N
A
V
E
MCCLINTON ST
7TH ST
11TH ST
9TH ST
10TH ST
B
E
E
B
A
L
M
AVE
WO
O
D
A
V
E
12TH PL
WAXFLOWER
AVE
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Close Up View
RZN-2024-0009 EAST OF S. WAXFLOWER
AVE
N
0 150 300 450 60075
Feet
Subject Property
Zone Proposed
NC
RI-U
RSF-18
0.0
3.9
0.0
Total 3.9 ac1:2,400
Current
1.9
0.0
2.0
E. 10TH ST. &
S. WAXFLOWER AVE.
COLLEGE
AVE
WOOD
AVE
7TH ST
WA
S
H
I
N
G
T
O
N
A
V
E
MCCLINTON ST
MARTIN LUTHER
KING JR BLVD
Neighborhood Link
Urban Center
Unclassified
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
Current Land Use
RZN-2024-0009 EAST OF S. WAXFLOWER AVE N
0 225 450 675 900112.5
Feet
Subject Property
Mixed Residential
Multi-Family Residential
Single-Family Residential
and Walker Park
1:3,600
Mixed Residential
E. 10TH ST. &
S. WAXFLOWER AVE.
City
Neighborhood
Civic and
Private
Open Space
Industrial
Natural
Non-Municipal
Government
Residential
Neighborhood
HUNTSVILLE RD
H
U
N
T
S
VIL
L
E
R
D
COLLEGE
AVE
S
C
H
O
O
L
AVE
ROCK
ST
15TH ST
N E LSON H A CKET T B L V D
MARTIN LUTHER
KING JR BLVD
MORNINGSIDE
DR
Regional Link
Neighborhood Link
Regional Link - High Activity
Urban Center
Unclassified
Alley
Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non-Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
Future Land Use
RZN-2024-0009 EAST OF S. WAXFLOWER
AVE N
0 610 1,220 1,830 2,440305
Feet
Subject Property
1:10,000
E. 10TH ST. &
S. WAXFLOWER AVE.
Form v1.46
NW4\
medza
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701 MAY 1 4 2024
Ad number#: 402257
CITY OF FAYETTEVILLE
PO #: CITY CLERK'S OFFICE
Matter of: ORD 6744
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 WASHINGTON/BENTON 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 6744
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$103.36.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 05/12/24;NWA nwaonline.com 05/12/24
da„...at
Finance Director
State of ARKANSAS,County of WASHINGTON,Subscribed
and sworn to before me on this 13th day of May,2024 Akk� : CATHERINE STAGGS
.
I XPPIRES:February 28COMMISSION f 40Q772
��a eA 1►.R ���� ,2025
..KA' '' i Washington County
NOTARY PUBLIC
Ordinance:6744
File Number: 2024-20
REZONING-2024-0009: (E.
10TH ST.AND S.WAXFLOWER
AVE./WILLOW BEND LOTS 23,
26 8 31,563):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
009 FOR APPROXIMATELY 3.87
ACRES LOCATED AT EAST 10TH
STREET AND SOUTH
WAXFLOWER AVENUE IN WARD
1 FROM RSF-18,RESIDENTIAL
SINGLE-FAMILY EIGHTEEN
UNITS PER ACRE AND NC,
NEIGHBORHOOD CONSERVA-
TION TO RI-U,RESIDENTIAL IN-
TERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,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 RSF-18,Residential
Single-Family, Eighteen Units
Per Acre and 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
May 7,2024
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:S103.36
May 12,2024 402257