HomeMy WebLinkAboutOrdinance 6782 • •
110 0I IIII111110IIIHI I110III0III I II 10 IIIIIII II II II
FFAYE/IF` Doc ID: 021747460003 Type: REL
° Kind: ORDINANCE
,;h1_ Recorded: 09/09/2024 at 10:08:18 AM
tsi.P Fee Amt: $25.00 Pane 1 of 3
1 7 Washington County. AR
,5'.'1 Kyle Sylvester Circuit Clerk
ARCHIVED 4„A.s., File2 02 4-0002 3 3 2 3
113 West Mountain Street
Fayetteville,AR 72701
(479) 575-8323
Ordinance: 6782
File Number: 2024-335
REZONING-2024-0035: (1831 & 1835 W. MITCHELL ST./NWARECO LLC,520):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-35 FOR
APPROXIMATELY 0.22 ACRES LOCATED AT 1831 & 1835 WEST MITCHELL STREET IN WARD I FROM
RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE TO RMF-24, RESIDENTIAL MULTI-FAMILY,
TWENTY-FOUR 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 RSF-8, Residential Single-Family, 8 Units per Acre to RMF-24, Residential Multi-
Family,24 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 August 6,2024
Approv d: Attest:
�G��RO.K./ T �i�i
' r �
' ,Lok_L-P ---(7/1 *:•4'().. -6"..:.
Lioneld Jordan, ay Kara Paxton,City C erk Treasurer ,; f A '( T I r vi1_(r
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $1G,,l u,
Page 1
RZN-2024-0035
Close Up View
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Residential Link
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Fayetteville City Limits
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EXHIBIT'A'
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Zone Current Proposed
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RZN-2024-0035
EXHIBIT `B'
Legal Description
1835 W Mitchell St., Fayetteville, AR 72701
765-11667-000
Lot 1-A of the Lot Split Survey of the Blew & Associates, Surveyors, dated May 1, 2018, and
recorded May 16, 2018, as Instrument Number 2018-00013869 in the office of the Circuit Clerk
and Recorder of Washington County, Arkansas and being the West Half of Lot 1, Block 1, of valley
Vista Subdivision to the City of Fayetteville, Arkansas, as shown on Plat of Record in Plat Book
1, at page 153, plat records of Washington County, Arkansas. Subject to all easements of record
or fact.
Legal Description
1831 W Mitchell St., Fayetteville, AR 72701
765-11667-001
Lot 1-B of the Lot Split Survey of the Blew & Associates, Surveyors, dated May 1, 2018, and
recorded May 16, 2018, as Instrument Number 2018-00013869 in the office of the Circuit Clerk
and Recorder of Washington County, Arkansas and being the East Half of Lot 1, Block 1, of valley
Vista Subdivision to the City of Fayetteville, Arkansas, as shown on Plat of Record in Plat Book
1, at page 153, plat records of Washington County, Arkansas. Subject to all easements of record
or fact.
Washington County, AR
I certify this instrume 9/2024 10:08:18 A was filed on
and recorded m. M
Real Estate
File Number
Kyle Sylvester024-00023323
Circuit Clerk
by -
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 6, 2024
CITY COUNCIL MEMO
2024-335
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
SUBJECT: RZN-2024-0035: Rezoning (1831 & 1835 W. MITCHELL ST/ NWARECO LLC,
520): Submitted by RMP, LLC for property located at 1831 & 1835 W. MITCHELL ST in
WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER
ACRE and contains approximately 0.22 acres. The request is to rezone the property
to RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in central Fayetteville, roughly 1/3 of a mile west of the intersection of S,
Razorback Rd. and W. Martin Luther King Jr. Blvd. The property was previously zoned RMF-24 but was
rezoned to its current designation of RSF-8, Residential Single -Family, Eight Units per Acre by the City Council
in 2015 (ORD 5788). The parcels currently contain one 912 square foot single-family home constructed in
1987 and one 874 square foot single-family home constructed in 1939.
Request: The request is to rezone 0.22 acres from RSF-8, Residential Single -Family, Eight Units per Acre to
RMF-24, Residential Multi -Family, Twenty -Four Units per Acre.
Public Comment: Staff has not received any comments on the request.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. It is not
immediately clear why the property was previously rezoned from RMF-24 to RSF-8. The staff report for this
rezoning indicates that the intent was to permit the construction of an additional single-family residence and
associated lot split. However, as the subject property contains only 0.22 acres of RSF-8, a maximum of one
unit is permitted under RSF-8 where up to five would be permitted under RMF-24. Additionally, RSF-8 requires
a minimum lot size of 5,000 square feet, which the lots do not appear to meet. Therefore, while the lots
conformed with zoning requirements under the previous (and now proposed) RMF-24 district, they are not
conforming under the current RSF-8 zoning district.
Residential uses and densities located near the subject property vary, though with large numbers of multifamily
structures ranging from two-, three-, and four -family structures to large apartment complexes. Neighboring
properties are of a variety of sizes but generally follow a block development pattern. Given the predominance
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
of multifamily structures in the area and the sites' previous zoning designation as RMF-24, staff finds that
returning to this zoning designation is not likely to result in negative impacts on the surroundings.
The existing zoning district includes traditional setbacks, while the proposed zoning district includes an urban
form build -to -zone of 0-25 feet. Staff finds that restoring this build -to -zone would likely contribute to more
consistent development with neighboring properties by requiring structures to be located at a similar distance
from the street. When compared to RSF-8, rezoning to RMF-24 will decrease the minimum lot size for single
and two-family uses from 5,000 sf to 3,000 or 4,000 square feet. RMF-24 also includes a range of other uses
with varying lot width requirements, ranging from 2,000 square feet to three acres. Minimum lot widths would
also be reduced from 50 feet to 35 feet for single-family dwellings. RSF-8 has a blanket three-story height limit,
while RMF-24 would limit heights to two, three, or five stories depending on distance from the property lines.
Any future development would be subject to, and limited by, minimum parking requirements, tree preservation,
drainage, and access management standards.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from RSF-8 to RMF-24 serves to contribute towards City Plan
2040 Goals #1 — Appropriate Infill, Goal #2 — We will discourage suburban sprawl, Goal #4 — Growing a
Livable Transportation Network, and Goal #6 — Create Opportunities for Attainable Housing. The site has a
high infill score and is close to Fayetteville Schools, the University of Arkansas, and other services. The subject
parcels are surrounded by existing RMF-24 zoning on all sides, and the Future Land Use Map designates this
portion of the site as "City Neighborhood Area" — a designation which encourages density in all housing types,
from single family to multifamily.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 9-10for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #6, 900 S. Hollywood Ave.)
• Near Sewer Main (8" sewer main, W. Mitchell St.)
• Near Water Main (6" water main, W. Mitchell St.)
• Near Public School (Ramay Junior High School)
• Near University of Arkansas
• Near City Park (Hotz Park)
• Near Paved Trail (W. Mitchell St. (On -street) and W. Martin Luther King Jr. Blvd (Trail))
• Near ORT Bus Stop (On -Demand)
• Near Razorback Bus Stop (S. Sang Ave., and W. Martin Luther King Jr. Blvd.)
• Appropriate Future Land Use (City Neighborhood)
DISCUSSION:
At the July 8, 2024 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a
recommendation of approval. Commissioner Brink motioned, and Commissioner Cabe seconded.
Commissioner Brink asked staff if any other zoning district had been considered or recommended. Staff stated
that no alternative zoning district had been discussed given the parcel's previous zoning as RMF-24 and the
RMF-24 surrounding the parcels on all four sides. The applicant team confirmed that the intent of the rezoning
is to bring the non -conforming parcels into alignment with city codes. There was no additional discussion by
the commissioners and no members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
NA
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6),
Topography Exhibit (#7)
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 #: 2024-335
RZN-2024-0035: Rezoning (1831 & 1835 W. MITCHELL ST/ NWARECO LLC, 520): Submitted
by RMP, LLC for property located at 1831 & 1835 W. MITCHELL ST in WARD 1. The property
is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains
approximately 0.22 acres. The request is to rezone the property to RMF-24, RESIDENTIAL
MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-35 FOR APPROXIMATELY 0.22 ACRES LOCATED AT 1831 & 1835 WEST MITCHELL
STREET IN WARD 1 FROM RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE TO
RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR 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 RSF-8, Residential Single -Family, 8 Units
per Acre to RMF-24, Residential Multi -Family, 24 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
2024-335
Item ID
8/6/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
7/19/2024 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2024-0035: Rezoning (1831 & 1835 W. MITCHELL ST/ NWARECO LLC, 520): Submitted by RMP, LLC for property
located at 1831 & 1835 W. MITCHELL ST in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8
UNITS PER ACRE and contains approximately 0.22 acres. The request is to rezone the property to RMF-24,
RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget
$ -
Expenses (Actual+Encum)
$ -
Available Budget
Item Cost
$ -
Budget Adjustment
$ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
V0.111W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: July 8, 2024 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2024-0035: Rezoning (1831 & 1835 W. MITCHELL ST/ NWARECO
LLC, 520): Submitted by RMP, LLC for property located at 1831 & 1835
W. MITCHELL ST. The property is zoned RSF-8, RESIDENTIAL SINGLE-
FAMILY, 8 UNITS PER ACRE and contains approximately 0.22 acres. The
request is to rezone the property to RMF-24, RESIDENTIAL MULYI-
FAMILY, TWENTY-FOUR UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2024-0035 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2024-0035 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in central Fayetteville, roughly 1/3 of a mile west of the intersection
of S, Razorback Rd. and W. Martin Luther King Jr. Blvd. The property was previously zoned RMF-
24 but was rezoned to its current designation of RSF-8, Residential Single -Family, Eight Units per
Acre by the City Council in 2015 (ORD 5788). The parcels currently contain one 912 square foot
single-family home constructed in 1987 and one 874 square foot single-family home constructed
in 1939. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
South
Undeveloped
RMF-24, Residential Multi -Family, 24 Units per Acre
East
Undeveloped
RMF-24, Residential Multi -Family, 24 Units per Acre
West
Single -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
Request: The request is to rezone 0.22 acres from RSF-8, Residential Single -Family, Eight Units
per Acre to RMF-24, Residential Multi -Family, Twenty -Four Units per Acre.
Public Comment: Staff has not received any comments on the request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along W. Mitchell St., a partially improved
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 1 of 15
Residential Link with asphalt paving, curb and gutter, and sidewalk along the north
side. Any drainage or street improvements required in these areas would be
determined at the time of development proposal.
Water: Public water is available. An existing 6-inch water main is present on the south
side of W. Mitchell St.
Sewer: Sanitary sewer is available. An existing 8-inch sewer main is present on the north
side of W. Mitchell St.
Fire: Station 6, located at 900 S. Hollywood Ave., protects this site. The property is
located approximately 1 mile from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District. The
subject area does not include FEMA floodplain, streamside protection, or hydric
soils.
Tree Preservation:
The proposed zoning district of RMF-24, Residential Multi -Family, Twenty -Four
Units per Acre requires 20% minimum canopy preservation. The current zoning
district of RSF-8, Residential Single -Family, Eight Units per Acre also 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 a City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranged score of 9-10
for this site, with a weighted score of 13. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #6, 900 S. Hollywood Ave
• Near Sewer Main (8" sewer main, W. Mitchell St.)
• Near Water Main (6" water main, W. Mitchell St.)
• Near Public School (Ramay Junior High School)
• Near University of Arkansas
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 2 of 15
• Near City Park (Hotz Park)
• Near Paved Trail (W. Mitchell St. (On -street) and W. Martin Luther King Jr. Blvd (Trail))
• Near ORT Bus Stop
• Near Razorback Bus Stop
• Appropriate Future Land Use
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. It is not immediately clear why the property was
previously rezoned to RSF-8. The staff report for this rezoning indicates that
the intent was to permit the construction of an additional single-family
residence and associated lot split. However, as the subject property contains
only 0.22 acres of RSF-8, a maximum of one unit is permitted under RSF-8
where up to five would be permitted under RMF-24. Additionally, RSF-8
requires a minimum lot size of 5,000 square feet which the lots do not appear
to meet. Therefore, while the lots were conforming with zoning requirements
under the previous (and now proposed) RMF-24 district, they are not
conforming under the current RSF-8 zoning district.
Residential uses and densities located near the subject property vary,
though with large numbers of multifamily structures ranging from two-,
three-, and four -family structures and large apartment complexes.
Neighboring properties are of a variety of sizes but generally follow a block
development pattern. Given the predominance of multi -family structures in
the area and the sites' previous zoning designation as RMF-24, staff finds
that returning to this zoning designation is not likely to result in negative
impacts to the surroundings.
The existing zoning district includes traditional setbacks, while the proposed
zoning district includes an urban form build -to -zone of 0-25 feet. Staff finds
that restoring this build -to -zone would likely contribute to more consistent
development with neighboring properties by requiring structures to be
located at a similar distance from the street. When compared to RSF-8,
rezoning to RMF-24 will decrease the minimum lot size for single and two-
family uses from 5,000 sf to 3,000 or 4,000 square feet. RMF-24 also includes
a range of other uses with varying lot width requirements, ranging from 2,000
square feet to three acres. Minimum lot widths would also be reduced from
50 feet to 35 feet for single-family dwellings. RSF-8 has a blanket three-story
height limit, while RMF-24 would limit heights to two, three, or five stories
depending on distance from the property lines. Any future development
would be subject to, and limited by, minimum parking requirements, tree
preservation, drainage, and access management standards.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from RSF-8 to RMF-24 serves to contribute towards City Plan 2040
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 3 of 15
Goals #1 — Appropriate Infill, Goal #2 — We will discourage suburban sprawl,
Goal #4 — Growing a Livable Transportation Network, and Goal #6 — Create
Opportunities for Attainable Housing. The site has a high infill score and is
close to Fayetteville Schools, the University of Arkansas, and other services.
The subject parcels are surrounded by existing RMF-24 zoning on all sides,
and the Future Land Use Map designates this portion of the site as "City
Neighborhood Area" — a designation which encourages density in all
housing types, from single family to multi -family.
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 to RMF-24 is justified. The parcels do not conform
with either density or lot size requirements under the current RSF-8 zoning
district, therefore a rezoning is needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to RMF-24 has an associated potential to increase traffic at this
location. RMF-24 permits development at 24 units per acre where it is
currently limited to eight units per acre (five units versus one). Staff finds the
increase in density is marginal and unlikely to result in increased traffic
danger or congestion. The subject property has access to W. Mitchell St., an
improved Residential Link and future development would be required to
meet the City's applicable access management and parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RMF-24 may increase the load on public services,
but the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
Finding: N/A
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 4 of 15
RECOMMENDATION: Planning staff recommends approval of RZN-2024-0035.
PLANNING COMMISSION ACTION: Required YES
(Date: July 8, 2024 O Tabled O Forwarded O Denied
FORWARDED TO CITY COUNCIL WITH A RECOMMENDATION
Motion: BRINK OF APPROVAL
Second:CABE
Vote: 5-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.09 RSF-8, Residential Single -Family, Eight (8) Units per Acre
o §161.16 RMF-24, Residential Multi -Family, Twenty -Four (24) Units per Acre
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
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161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and
to allow for the development of new single family residential areas with similar lot size, density, and land use
as the historical neighborhoods in the downtown area.
(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
1 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.
By Right
Single-family dwelling units
per acre
8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
50 feet
Two 2 family
50 feet
Townhouse, no more than
two (2) attached
25 feet
(2) Lot Area Minimum.
Single-family
5,000 square feet
Two-family
5,000 square feet
(3) Land Area Per Dwelling Unit.
Single-family
5,000 square feet
Two-family
5,000 square feet
Townhouse, no more than
two (2) attached
2,500 square feet
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 6 of 15
(E) Setback Requirements.
Front
Side
Rear
15 feet
5 feet
5 feet
(F) Height Regulations.
FB—ji7I-din—g Height Maximum 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then 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.
(Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-
20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A),
11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause)
and Ord. No. 6625 (extending 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, 2024, unless prior to that date the City Council amends this ordinance to repeal or
further amend this sunset, repeal and termination section.
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 7 of 15
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of
a variety of dwelling types in suitable environments in a variety of densities.
(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 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
1 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 11
Manufactured home park
Unit
12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured
home park
50 feet
Single-family
35 feet
Two 2 family
35 feet
Three 3 family or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 family or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 8 of 15
(3) Land Area Per Dwelling Unit.
Manufactured Home 13,000 square feet
(E) Setback Requirements.
Front
Side Other
Side
Rear
Rear
Uses
Single &
Other
Single
Two (2)
Uses
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.
FB ilding Height Maximum 2 stories/3 stories/5 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, between 10-20 feet
from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of
the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum
height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories
shall have an additional setback from any side boundary line of an adjacent single family district. The amount
of additional setback for the portion of the building over two (2) stories shall be equal to the difference
between the total height of that portion of the building, and two (2) stories.
(G) Building Area. 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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; 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, 8, 9, 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; Ord. No. 6658, §6(Exh. E), 5-2-23)
Editor's note(s)-Ord. No. 6710, §1, adopted November 21, 2023, determines that Ordinance 6427 (Sunset Clause)
and Ord. No. 6625 (extending 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, 2024, unless prior to that date the City Council amends this ordinance to repeal or
further amend this sunset, repeal and termination section.
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 9 of 15
R1\4PLL,
ATTORNEYS AT LAW
LICENSED tN AR, AL, MO, OK, TN, TX
Established 11NJ3
www.rrnp.law
June 23, 2024
City of Fayetteville Planning Commission
125 W Mountain St.
Fayetteville, AR 72701
LARRY McCREDY I Attorney
Imccredy@rmp.law
PO Box 1788 1 Fayetteville AR 72702
5519 Hackett St. Suite 300 1 Springdale AR 72762
T 479 443 2705 1 F 479 443 2718
Re: Rezoning Application for 1831 and 1835 W Mitchell St., Fayetteville, AR
To Whom It May Concern:
I represent Nan Ginger, Manager of NWARECO, LLC. NWARECO, LLC is applying to
rezone the above -referenced properties from RSF-8 to RMF-24. Please see attached documents
for the Rezoning Application for 1831 and 1835 W Mitchell St., Fayetteville, AR. Those
documents include:
• Legal Description of both properties.
• Statement of Compatibility
• Consent of Owner Form
• GIS Map of the property and surrounding area
• GIS Map of the neighboring properties and relation to the above properties
Please let me know if there is any additional information needed at this time. I am also
available to discuss this matter if that would be helpful. Thank you for your assistance.
LMc/rab
Encls.
Sincerely,
A/ Larry McCredy
Larry McCredy
BENTONVILLE I JOHNSON I JONESBORO I LITTLE ROCK
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 10 of 15
Statement of Conivatibility
The owner of Parcels 765- l 1667-000 and 765-11667-001 (collectively the "Property") is seeking
to rezone her lots. The Property is currently zoned as RSF-8, Residential Single Family, under
City of Fayetteville, Arkansas Code of Ordinances. The Applicant wishes to rezone the Property
to RMF-24, Residential Multi -Family.
Rezoning the property to RMF-24 would be compatible with the surrounding 30+ acres of
properties that are zoned RMF-24. Currently the Property is being used for Single -Family
Dwellings which is an authorized use under RMF-24. The Property complies with all other
restrictions and regulations that apply to RMF-24. Rezoning the property will not unreasonably
adversely affect or conflict with surrounding land use as the Property, if rezoned, would match the
surrounding land use.
The setback requirements for RMF-24 are 25 feet from the front of the property line while the
front setback requirements for RSF-8 are 15 feet. Both RMF-24 and RSF-8 have side and rear
setback requirements of 5 feet for single family dwellings. The structures on the Property meet
the current setback requirements and would remain in compliance once rezoned. Rezoning the
Property would allow the Property to the zoning classification of all properties that surround it in
every direction. In addition, this Property more closely applies to the purpose of RMF-24, as
"[t]he RMF-24 Multi -Family Residential District is designed to permit and encourage the
developing of a variety of dwelling types in suitable environments in a variety of densities. " By
contrast, the "[t]he RSF-8 Residential District is designed to bring historic platted development
into conformity and to allow.for the development of a new single family residential areas with
similar lot size, density, and land use as the historical neighborhoods in the downtown area ". RSF-
8 no longer fits to the Property as it is currently the only property of that type in the immediate
area.
Planning Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 11 of 15
RZN-2024-0035 1831 & 1835 W. M ITC H E LL ST AL
One Mile View NORTH
i t
0 0.13 0.25 0.5 Miles
R-A
RMF•
M F-18
P--1
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
— Unclassified
— Alley
— Residential Link
— — Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
Fayetteville City Limits
1 1 Planning Area
RSF-4
Subject Property ■
■
n
D
ii
9G
r
CS
C-2
� 01
r ♦♦RMF-12
r J
O� ♦ _
I-1
0
Pla<Lits
Fayg
■
W
RPZD
zoning
= I-2 GanarelIndustrial
RESIDENT IALSINGLE-FAMILY
EXTRACTION
M NSG
= E-1
RI-U
COMMERCIAL
RI-iz
Resitlenlial-OFue
NI
C-1
ResmanY&l erlcunurel
C-2
RSF-.5
C-3
RSF-1
FORM BASED DISTRICTS
RSF-2
� Downtown Gore
RSF<
Urban T.rug
RSF-)
Maln Street Center
RSFA
Down— Genre,
RSF-15
Community Servi.a
RESIDENTIALMULTI-FAMILY
Neighborhood Sery
RMF.
Neighborhood Conse J.
RM112
PLANNED ZONING DISTRICTS
RMF-13
Commercial. Industrial. Residential
RMF-sa
INSTITUTIONAL
RM
P-1
INDUSTRIAL
I-1 Heavy Cemmarclal aM Light Induatdal
annlnq
Commission
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 12 of 15
RZN-2024-0035
Close Up View
�L
F
Neighborhood Link
Regional Link - High Activity
Unclassified
Residential Link
- - - Trail (Proposed)
Planning Area
Fayetteville City Limits
1831 & 1835 W. MITCHELL ST
�
co w
Iola.
O
D v a
w
w O—STONE,ST—
cn
m
x
r.
m
�-R
RMF-24
a
O
Subject Property
BLOOMFIELD pP
ELL-ST
IN LUTHER
JR BLVD
Feet
0 75 150 300 450 600
1:2,400
NEPTUNE
ST
VENUS ST-
w
a R-o
m
w
J
M=
FAR A&I
_
NORTH
Zone Current Proposed
RMF-24 0.0 0.2
RSF-8 0.2 0.0
Total 0.2 ac
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 13 of 15
RZN-2024-0035 1831 & 1835 W. M ITC H E L L ST Ak
Current Land Use NORTH
M..4ft P s
�►;rF, i Single -Family and �a
STONE_ST Multi -Family Residential
lit !tr r r rp P ,
r
* —rSubject Property ��
rr
Mixed Residential and aANE
r
Ramay Junior High School 11
;_ Mixed Residential R-
r
j N` _j
... Y _ _"" 'MARTIN LUTHER
2 KING_JR BL _ P
rr Commercialca
rn �r
ri1 r T T
lit
rtpt,
Neighborhood Link FEMA Flood Hazard Data
Regional Link - High Activity
Unclassified 100-Year Floodplain
Residential Link Feet Floodway
- - - Trail (Proposed) 0 112.5 225 450 675 900
!� Planning Area
Fayetteville City Limits 1'3'600
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Paqe 14 of 15
RZN-2024-0035 1831 & 1835 W. M ITC H E LL ST
Future Land Use
\ Residential
\ Neighborhood
\
\ Civic
Institutional
Natu I
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Freeway/Expressway
— Unclassified
— Alley
— Residential Link
i Planning Area
Fayetteville City Limits
— — Trail (Proposed)
Design Overlay District
■
Subject Property
MARTINTLUTHER
��k1 JR BLVD
n
Feet
0 305 610 1,220
1:10,000
ORTH
Non -Municipal
Y Cnv rnm
U
Q
m
J ��� ■ ■
a.
"�
0
City
Neighborhood
d �
Industriall
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,830 2,440 Residential Neighborhood
Rural Residential
Urban Center
July 8, 2024
RZN-2024-0035 (NWARECO LLC)
Pace 15 of 15
Received From: Jonathan Curth 08/01/2024 3:27 PM
= The Cardinal
at West
Cen ter
GS
t
sir 1
�L
1= Atmosphere
W I rcodwell st
71:
Q t
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Field = -
r
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M
11:1 W Putman sl
_1
1
t � �
_ 0 0.01 0.03 0.05 mi
The data contained herein was compiled from various sources for the sole
use and benefit of the City of Fayetteville Geographic Information System
and the public agencies it serves. Any use of the data by anyone other than
the City of Fayetteville is at the sole risk of the user; and by acceptance of
this data, the user does hereby agree to indemnify the City of Fayetteville
and hold the City of Fayetteville harmless from and without liability for any
Exhibit claims, actions, cost for damages of any nature, including the city's cost of
defense, asserted by user or by another arising from the use of this data.
The City of Fayetteville makes no express or implied warrantees with
p reference to the data. No word, phrase, or clause found herein shall be
Fayetteville, AR construed to waive that tort immunity set forth under Arkansas law.
Created: 8/1/2024
Credits: City of Fayetteville, AR
Map Author:
Form v1.52
NW4\
media
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI
113 W MOUNTAIN RECEIVED
FAYETTEVILLE, AR 72701 AUG 13 2024
Ad number#: 428540
PO#: CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
Matter of: ORD 6782
AFFIDAVIT•STATE OF ARKANSAS
I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that 1 was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6782
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 08/11/24;NWA nwaonline.com 08/11/24
\\``�11\`l S R /i/
Legal Cler o ``\,22 204.."'
N
State of ARKANSAS,County of Sebastian N: SOT A y
Subscribed and sworn to before me on this 12th day of August.2024 = AU B L‘ :
2,'1/ COON-0\\\\\
ARY PUBLIC
Ordinance:6782
File Number: 2024-335
REZONING-2024-0035:(1831
8 1835 W. MRCHELL ST./
NWARECO LLC,520):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
35 FOR APPROXIMATELY 0.22
ACRES LOCATED AT 1831 &
1835 WEST MITCHELL STREET
IN WARD 1 FROM RSF-8,RESI-
DENTIAL SINGLE-FAMILY, 8
UNITS PER ACRE TO RMF-24,
RESIDENTIAL MULTI-FAMILY,
TWENTY-FOUR UNITS PER ACRE
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-8,Residential
Single-Family,8 Units per Acre
to RMF-24,Residential Multi-
Family.24 Units per Acre.
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
August 6,2024
Approved:
Uoneld Jordan,Mayor
Attest:
Kara Paxton,City Clerk Treas-
urer
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:$95.76
August 11.2024 428540