HomeMy WebLinkAboutOrdinance 6814 Inn
Doc ID: 02188988 e: REL
0005 Type:
Kind: ORDINANCE
• / Kyle Sylvester Circuit
Recorded: 12/13/2024 at 12:23:06 PM
Fee Amt: $35.00 Page i of
:.,,.,...��ww►►.. Washington County, AR
it'::: ' Clerk
F11e
2024-00032579
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6814
File Number: 2024-706
REZONING-2024-0047:(653 N.GENEVIEVE AVE./FINELINE DEVELOPMENT LLC,436):
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-47 FOR
APPROXIMATELY 1.60 ACRES LOCATED AT 653 NORTH GENEVIEVE AVENUE IN WARD 4 FROM R-A,
RESIDENTIAL AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI-FAMILY, SIX UNITS PER ACRE,
SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from R-A, Residential Agricultural to RMF-6, Residential Multi-Family, Six Units Per
Acre,subject to the attached bill of assurance(Exhibit C).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoni iq ipiptc,he
City of Fayetteville to reflect the zoning change provided in Section 1. �� F,R •K /,
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PASSED and APPROVED on November 19,2024 _ . FAYETTEVILLE :
• •
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Approved. Attest: 'GI ON110,�S`��`
'one Jord ayor ackson Shelton,Se ' r Deputy City Clerk
This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas.
Amount Paid: $ 9Q to
Page 1
RZN-2024-0047 651 N. Genevieve Ave I Exhibit 'A'
RZN-2024-0047
Close Up View
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R-A 1.4 0.0
RMF-6 0.0 1.5
RSF-4 0.1 0.0
RSF-8 0.0 0.0
Total 1.5 ac
RZN-2024-0047
EXHIBITS'
THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN WASHINGTON COUNTY, ARKANSAS,
DESCRIBED AS FOLLOWS, TO WIT: PART OF THE SE/4 OF THE SW/4 OF SECTION 11, TOWNSHIP 16
NORTH, RANGE 31 WEST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT WHICH IS SOUTH 0 DEG. 04'20" WEST 298.46 FEET OF THE NORTHWEST
CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE EAST 270.0 FEET TO THE WEST
RIGHT OF WAY OF A PROPOSED 60 FOOT ROAD, THENCE SOUTH 0 DEG. 04'20h1 WEST ALONG
SAID ROAD RIGHT OF WAY 242.0 FEET, THENCE WEST 270.0 FEET, THENCE NORTH 0 DEG. 04'20"
EAST 242.0 FEET TO THE POINT OF BEGIN NING.TOGETHER WITH INGRESS AND EGRESS RIGHTS
TO A 60 FOOT ROAD ALONG THE EAST SIDE OF ABOVE DESCRIBED TRACT.
Commonly known as: 651 & 653 N Genevie, Fayetteville, AR 72704
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of the request for a zoning reclassification
submitted by Fineline Development, LLC ("Petitioner') of RMF-6, Residential
Multifamily, Six (6) Units Per Acre for the following property: Washington County
Parcel No. 765-16226-000, 1, as the authorized agent for the owner or buyer of this
property, Will A. Kellstrom, (hereinafter called "Petitioner') hereby voluntarily offers
this Bill of Assurance and enters into this binding agreement and contract with the City
of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's requested rezoning is approved by
the Fayetteville City Council:
1. The Petitioner agrees that it shall upgrade N. Genevieve Ave. so as to meet
minimum Fire Apparatus Access standards, as provided in Chapter 5 of the 2021
Arkansas Fire Prevention Code, prior to a certificate of occupancy being issued on any
new development on the subject property.
Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by
Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for
record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance.
After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final
Plat, Large Scale Development, or other development approval which includes some or
all of Petitioner's property affected by the rezoning.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, Will A. Kellstrom, as the authorized agent of Petitioner voluntarily offer
all such assurances and sign my name below.
Printed Name of Authorized Agent
Signature
STATE OF ARKANSAS )
COUNTY OF WASHINGTON )
A ��ctihP fcr 0EUCUPMC -AL
Position or itle of Authorized Agent
Date
NOTARY OATH
On this, the 23th day of October, 2024, before me, the undersigned notary,
personally appeared Will A. Kellstrom, known to me (or satisfactorily proven) to be the
person(s) whose name is/ subscribed to the above and, after being placed upon their
oath, swore or affirmed that they were authorized to sign the above Bill of Assurance,
agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an
attempt to have their property rezoned as requested.
My Commission Expires:
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NOTARY P LIC
MY COMMISSION # 12392434
= EXPIRES:
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Benton County
Washington County,AR
I certify this instrument was filed on
12/13/2024 12:23:06 PM
and recorded in Real Estate
File Number 2024-00032579
Kyle Sylvester- Circuit Clerk
by
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF NOVEMBER 19, 2024
CITY COUNCIL MEMO
2024-706
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Donna Wonsower, Planner
SUBJECT: RZN-2024-0047: Rezoning (653 N. GENEVIEVE AVE/FINELINE DEVELOPMENT LLC,
436): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at
653 N. GENEVIEVE AVE in WARD 4. The property is zoned R-A, RESIDENTIAL
AGRICULTURAL and contains approximately 1.60 acres. The request is to rezone the
property to RMF-6, RESIDENTIAL MULTI -FAMILY, SIX UNITS PER ACRE, subject to a
bill of assurance.
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 west Fayetteville, approximately 1/3-mile southwest of the intersection of W.
Wedington Dr. and N. 54th Ave. The property is zoned R-A, Residential -Agricultural, and contains
approximately 1.6 acres. It is currently developed with a two-family dwelling located on the northern portion of
the site, which was constructed in 1976, and an outbuilding located in the southwest corner of the site.
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RMF-6,
Residential Multi -Family, Six Units Per Acre.
Public Comment: To date, staff has received one public comment opposed to the request, citing increased
traffic on narrow, unimproved roads and inadequate existing infrastructure.
Land Use Compatibility: On the balance of considerations, staff finds the proposed rezoning from R-A to RMF-
6 to be compatible with the surrounding area. The subject property is adjacent to single-family properties of
various land area to the north, east, west, and south. A rezoning to RMF-6 would allow for a wider variety of
residential uses than those permitted under the property's current zoning designation. Specifically, a rezoning
to RMF-6 would permit the development of a greater variety of dwellings, including the by -right development of
single- to multi -family dwellings with a density of up to six units per acre (a maximum of 9 units for this site).
Two-family dwellings are permitted within both the existing and proposed zoning districts.
The minimum lot size would decrease from two acres with a required lot width of 200 feet to variable bulk and
area regulations. For two-family dwellings, RMF-6 requires a minimum lot size of 7,000 square feet with a
required lot width of 50 feet. Front setbacks will decrease from 35 feet to a build -to zone between the property
line and 25 feet. Side setbacks will decrease from 20 feet to 5 feet. Rear setbacks will decrease from 35 feet to
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
25 feet. The requested rezoning would bring the existing two-family dwelling into conformance with density and
bulk and area requirements. The proposed zoning district also has reduced setbacks, which would mean the
existing two-family dwelling is no longer encroaching in to the side setback. That being said, the existing
structures would then be noncompliant with build -to -zone requirements.
An identical request to rezone the parcel approximately 250 feet to the north from R-A to RMF-6 was denied by
the Planning Commission in September 2023. However, the subject property is adjacent to an area that is
zoned RSF-8, a higher density than what is being requested on this site. There is also an area of RMF-6 with
two-family dwellings approximately'/4 mile to the west and another to the northeast. Therefore, staff finds this
request to be compatible with surrounding uses and development patterns.
Land Use Plan Analysis: On the balance, 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.
Staff finds that a rezoning to RMF-6 would support this designation as Residential Neighborhood Areas to
provide a mix of residential uses of varying scale. The property has a relatively low infill score and is not
located within a tier center, although there is a tier 3 center located 0.58 miles northwest of the property at the
intersection of W. Wedington Dr. and N. Double Springs Rd. Staff finds that the requested rezoning could allow
for the creation of missing middle housing and compliment City Goals 2 (discourage urban sprawl), 3
(compact, complete, and connected development), and 6 (opportunities for attainable housing).
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The
following elements of the matrix contribute to the score:
1. Adequate Fire Response (Station 7, 835 N. Rupple Rd.)
2. Near Sewer Main (2-inch main, N. Genevieve Ave.)
3. Near Water Main (6-inch main, N. Genevieve Ave.)
4. Near City Park (Harmony Pointe Park)
5. Near Paved Trail (Owl Creek Trail)
DISCUSSION:
At the October 28, 2024, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council
with a recommendation of approval. Commissioner McGetrick made the motion and Commissioner Payne
seconded. After being tabled at the previous Planning Commission meeting on October 14th, a bil of
assurance was provided for the October 28 meeting which would require N. Genevieve to be brought up to
minimum compliance with fire code. There was extensive discussion pertaining to fire code requirements and
what city staff could require with various types of permits. City Engineering confirmed that, because N.
Genevieve Ave. is public right-of-way, any work within that right-of-way would be required to meet minimum
street standards. The commissioners in favor of the request cited the proposed street improvements and
proximity to the higher density neighborhood to the south. Commissioner Garlock voted against the rezoning,
citing the property's location on the far west side of town, distance to the nearest tier center, lack of potential
connectivity options to the north given the protected stream, and potential for sprawl. No members of the public
spoke during the meeting.
BUDGET/STAFF IMPACT:
NA
ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Exhibit C (#6), Staff Report (#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 #: 2024-706
RZN-2024-0047: Rezoning (653 N. GENEVIEVE AVE/FINELINE DEVELOPMENT LLC, 436):
Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 653 N.
GENEVIEVE AVE in WARD 4. The property is zoned R-A, RESIDENTIAL AGRICULTURAL
and contains approximately 1.60 acres. The request is to rezone the property to RMF-6,
RESIDENTIAL MULTI -FAMILY, SIX UNITS PER ACRE, subject to a bill of assurance.
AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN
2024-47 FOR APPROXIMATELY 1.60 ACRES LOCATED AT 653 NORTH GENEVIEVE AVENUE
IN WARD 4 FROM R-A, RESIDENTIAL AGRICULTURAL TO RMF-6, RESIDENTIAL MULTI-
FAMILY, SIX UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-A, Residential Agricultural to RMF-6,
Residential Multi -Family, Six Units Per Acre, subject to the attached bill of assurance (Exhibit C).
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
City of Fayetteville Staff Review Form
2024-706
Item ID
11/19/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 11/1/2024 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2024-0047: Rezoning (653 N. GENEVIEVE AVE/FINELINE DEVELOPMENT LLC, 436): Submitted by WATKINS,
BOYER, GRAY, & CURRY PLLC for property located at 653 N. GENEVIEVE AVE in WARD 4. The property is zoned R-A,
RESIDENTIAL AGRICULTURAL and contains approximately 1.60 acres. The request is to rezone the property to RMF-
6, RESIDENTIAL MULTI -FAMILY, SIX UNITS PER ACRE.
Budget Impact:
Account Number
Project Number
Budgeted Item? No Total Amended Budget
Expenses (Actual+Encum)
Available Budget
Does item have a direct cost? No Item Cost
Is a Budget Adjustment attached? No Budget Adjustment
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Fund
Project Title
$ -
fi
Previous Ordinance or Resolution #
Approval Date:
V20221130
CITY OF
FAYETTEVILLE
V0.111W ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Gretchen Harrison, Senior Planner
FROM: Donna Wonsower, Planner
MEETING DATE: October 28, 2024 (UPDATED WITH MEETING RESULTS)
SUBJECT: RZN-2024-0047: Rezoning (653 N. GENEVIEVE AVE/FINELINE
DEVELOPMENT LLC, 436): Submitted by WATKINS, BOYER, GRAY, &
CURRY PLLC for property located at 653 N. GENEVIEVE AVE. The
property is zoned R-A, RESIDENTIAL AGRICULTURAL and contains
approximately 1.60 acres. The request is to rezone the property to RMF-6,
RESIDENTIAL MULTI -FAMILY, SIX UNITS PER ACRE.
RECOMMENDATION:
Staff recommends RZN 2024-0047 be forwarded to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"l move to forward RZN-2024-0047 to City Council with a recommendation of approval."
OCTOBER 14, 2024, PLANNING COMMISSION MEETING:
At the October 14, 2024, Planning Commission meeting, the item was tabled to provide additional
time for staff to review a proposed Bill of Assurance.
BACKGROUND:
The subject property is in west Fayetteville, approximately 1/3-mile southwest of the intersection
of W. Wedington Dr. and N. 54' Ave. The property is zoned R-A, Residential -Agricultural, and
contains approximately 1.6 acres. It is currently developed on the northern portion of the site with
a two-family dwelling constructed in 1976 and an outbuilding located in the southwest corner of
the site. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, Four Units per Acre
South
Single -Family Residential
RSF-8, Residential Single -Family, Eight Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, Four Units per Acre
West
Single -Family Residential
R-A, Residential -Agricultural
Request: The request is to rezone the subject property from R-A, Residential -Agricultural to RMF-
6, Residential Multi -Family, Six Units Per Acre.
Public Comment: To date, staff has received one public comment opposed to the request, citing
increased traffic on narrow, unimproved roads and inadequate existing infrastructure.
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 1 of 18
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject area has frontage along N. Genevieve Ave., a partially improved
residential link street with asphalt / gravel paving and open ditches. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject area. Existing 2- inch water main is present
on the west side of N. Genevieve Ave.
Sewer: Sanitary sewer is available to the subject area. Existing 6-inch sewer main is
present on the east side of N. Genevieve Ave.
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. There are
hydric soils present, located approximately on the southeast quarter of the
property. Any improvements or requirements for drainage would be determined at
the time of development submittal.
Fire: Station 7, located at 835 N. Rupple Rd.., protects this site. The property is located
approximately 2 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The current zoning district of R-A, Residential Agricultural, requires 25% minimum
canopy preservation. The proposed zoning district of RMF-6, Residential Multi -
Family, Six Units per Acre, 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 5 for
this site with a weighted score of 4.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 7, 835 N. Rupple Rd.)
• Near Sewer Main (2-inch main, N. Genevieve Ave.)
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 2 of 18
Near Water Main (6-inch main, N. Genevieve Ave
Near City Park (Harmony Pointe Park)
Near Paved Trail (Owl Creek Trail)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: On the balance of considerations, staff finds the
proposed rezoning from R-A to RMF-6 to be compatible with the surrounding
area. The subject property is adjacent to single-family properties to the
north, east, west, and south. A rezoning to RMF-6 would allow for a wider
variety of residential uses than those permitted under the property's
current zoning designation. Specifically, a rezoning to RMF-6 would permit
the development of a greater variety of dwellings, including the by -right
development of single- to multi -family dwellings with a density of up to six
units per acre (a maximum of 9 units for this site). Two-family dwellings are
permitted within both the existing and proposed zoning districts.
Minimum lot size would decrease from two acres with a required lot width of
200 feet to variable bulk and area regulations. For two-family dwellings, RMF-
6 requires a minimum lot size of 7,000 square feet with a required lot width
of 50 feet. Front setbacks will decrease from 35 feet to a built to zone between
the property line and 25 feet. Side setbacks will decrease from 20 feet to 5
feet. Rear setbacks will decrease from 35 feet to 25 feet. The requested
rezoning would bring the existing two-family dwelling into conformance
with density and bulk and area requirements. The proposed zoning district
also has lesser setbacks, which would mean the existing two-family
dwelling is no longer encroaching into the side setback. That being said,
the existing structures would then be noncompliant with build -to -zone
requirements.
An identical request to rezone the parcel approximately 250 feet to the north
from R-A to RMF-6 was denied by the Planning Commission in September
2023. However, the subject property is adjacent to an area that is zoned
RSF-8, a higher density than what is being requested on this site. There is
also an area of RMF-6 zoned two-family dwellings approximately'/4 mile to
the west. Therefore, staff finds this request to be compatible with
surrounding uses and development patterns.
Land Use Plan Analysis: On the balance, 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. Staff finds that
a rezoning to RMF-6 would support this designation as Residential
Neighborhood Areas to provide a mix of residential uses of varying scale.
The property has a relatively low infill score and is not located within a tier
center, although there is a tier 3 center located 0.58 miles northwest of the
property at the intersection of W. Wedington Dr. and N. Double Springs Rd.
Staff finds that the requested rezoning could allow for the creation of
missing middle housing and meets City Goals 2 (discourage urban sprawl),
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 3 of 18
3 (compact, complete, and connected development), and 6 (opportunities for
attainable housing).
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: On the balance of considerations, staff finds that a rezoning to RMF-6 is
justified. Staff finds that the proposed rezoning is compatible with
surrounding properties and consistent with the City's future land use plans.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: A rezoning from R-A to RMF-6 does have the potential to increase traffic
danger and congestion due to an increase in density and the unimproved
street. The size of the parcel at 1.6 acres will limit the density on the site,
however the existing street is an unimproved gravel lane that is extremely
narrow. As shown on the attached staff exhibit, access from the south is very
limited and the gravel road is partially overgrown. That being said, the fire
marshal's office has confirmed that if the property is developed with
additional two- or three-family dwellings, the applicant would be required to
ensure fire access requirements are met. This typically requires a minimum
20-foot access which is able to support 75,000 pounds. The applicant has
also included a Bill of Assurance stating that the petitioner agrees to
upgrade N. Genevieve Ave. to meet fire code requirements prior to the
issuance of any certificate of occupancy for new development. As such, staff
finds that (re)development of the parcel could potentially improve access to
both the parcel and its immediate surroundings.
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 slightly alter the population
density since it would allow for more intense residential development. The
property has access to public streets, water, and sewers. Any necessary
improvements 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
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 4 of 18
RECOMMENDATION: Planning staff recommends RZN-2024-0047 is forwarded to City Council
with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: October 28, 2024
Notion: MCGETRICK
ISecond: PAYNE
7-1-0 (GARLOCK OPPOSED)
BUDGET/STAFF IMPACT:
None
O Tabled M Forwarded O Denied
MOTION TO FORWARD TO CITY COUNCIL WITH A RECOMMENDATION OF
APPROVAL
ATTACHMENTS:
• Unified Development Code
o §161.03 Residential -Agricultural
o §161.13 Residential Multi -Family, Six Units Per Acre
• Staff Exhibit: Access from North and South
• Request Letter
• Proposed Bill of Assurance
• Public Comment
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 5 of 18
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/z
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 6 of 18
161.13 District RMF-6, Residential Multi -Family —Six (6) Units Per Acre
(A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of
multi -family residences at a low density that is appropriate to the area and can serve as a transition between
higher densities and single-family residential areas.
(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
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 1 6 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home
ark
50 feet
Single-family
50 feet
Two 2 family
50 feet
Three 3 family or more
90 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a Manufactured home
park
4,200 square feet
Townhouse: Individual lot
2,500 square feet
Single-family
6,000 square feet
Two 2 family
7,000 square feet
Three 3 family or more
9,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acre
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 7 of 18
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
25 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 1 2 stories/3 stories*
* 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.
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.
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 8 of 18
STAFF EXHIBIT
ACCESS TO PROPERTY
ACCESS FROM THE SOUTH
ACCESS FROM THE NORTH
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 9 of 18
WILLIAM P. WATKINS, in, P.A.
RONALD L. BOYER (OF COUNSEL)
JENNIFER E. GRAY, P.A.*
ANDREW T. CURRY, P.A.
WILLIAM A. KELLSTROM
* ALSO LICENSED IN MISSOURI
City of Fayetteville
Planning Department
125 W. Mountain Street
Fayetteville, AR 72701
WATKINS, BOYER,
GRAY & CURRY, PLLC
ATTORNEYS AT LAW
WRITER'S DIRECT E-MAIL
wkellstrom@watkinslawoffice.com
September 4, 2024
RE: Rezoning Parcel No. 765-16226-000 from R-A to RMF-6
Dear Planning Staff:
DELYNN HALE, SECRETARY
Amy BENSON, PARALEGAL
WHITNEY DUCKER, OFFICE MANAGER
This letter is intended to accompany a rezone request for Parcel No. 765-16226-000, located at 651 N.
Genevieve Ave., from RA -Residential Agricultural, to RMF-6—Residential Multi -Family, Six (6) Units Per Acre.
This property is adjacent to RSF-4 to the North and East, R-A to the West, and RSF-8 to the South.
Accordingly, RMF-6, from a density standpoint, lies directly in the middle of the density of the developed properties
to the East and South. The subject property, as well as the two properties to the North, are currently developed with
one duplex each. In that sense, rezoning to a district that allows duplexes and multi-plexes would not change the
character of this street, as low density multi -family is already present.
Additionally, this rezoning would encourage infill, development of missing middle housing, and would
provide the opportunity to add more diversity in housing options to an area in which much of the development has
been single family. Lastly, sewer and water are both available on N. Genevieve Ave.
Thank you for considering this request for rezoning. If you have any questions, please contact me at 479-
636-2168 or at wkellstrom(a),watkinslawoffice.com.
WK:
PC:
1106 WEST POPLAR STREET
ROGERS, AR 72756
PH: 479-636-2168
FX: 479-636-6098
W W W . WATKINSLAW OFFICE.COM
Sincerely,
WATKINS, BOYER,
GRAY & CURRY, PLLC
ls/ Will A. Kellstrom
Will A. Kellstrom
REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING
CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY
CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT
ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION
CrvrL LITIGATION, COMMERCIAL 1?JR4iCnD1 WiaffbLLECTION
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 10 of 18
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of the request for a zoning reclassification
submitted by Fineline Development, LLC ("Petitioner,"') of RMF-6, Residential
Multifamily, Six (6) Units Per Acre for the following property: Washington County
Parcel No. 765-16226-000, 1, as the authorized agent for the owner or buyer of this
property, Will A. Kellstrom, (hereinafter called "Petitioner") hereby voluntarily offers
this Bill of Assurance and enters into this binding agreement and contract with the City
of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's requested rezoning is approved by
the Fayetteville City Council:
1- The Petitioner agrees that it shall upgrade N. Genevieve Ave. so as to meet
minimum Fire Apparatus Access standards, as provided in Chapter 5 of the 2021
Arkansas Fire Prevention Code, prior to a certificate of occupancy being issued on any
new development on the subject property.
Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by
Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for
record in the Washington County Circuit Clerk's Office as part of the rezoning ordinance.
After Petitioner's rezoning is effective, the Bill of Assurance shall be noted on any Final
Plat, Large Scale Development, or other development approval which includes some or
all of Petitioner's property affected by the rezoning.
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 11 of 18
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above,1, Will A. Kellstrom, as the authorized agent of Petitioner voluntarily offer
all such assurances and sign my name below.
Wyu ������Q�
Printed Name of Authorized Agent
Signature
STATE OF ARKANSAS
COUNTY OF WASHINGTON
r�e�nr -ir,tf �";s/VYis�la�
Position or Title of Authorized Agent
i U -11� .T . L(
Date
NOTARY OATH
On this, the 239" day of October, 2024, before me, the undersigned notary,
personally appeared Will A. Kellstrom, known to me (or satisfactorily proven) to be the
person(s) whose name is/ are subscribed to the above and, after being placed upon their
oath, swore or affirmed that they were authorized to sign the above Bill of Assurance,
agreed with the terms of the Bill of Assurance, and executed the Bill of Assurance in an
attempt to have their property rezoned as requested.
a4VL-�
NOTARY P LIC
My Commission Expires:
AMY BENSON
MY COMMISSION # 12392434
? ,�•.., s
EXPIRES: April 10, 2633
Benton County
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 12 of 18
Wonsower, Donna
From: Cole, Kylee
Sent: Monday, October 14, 2024 10:20 AM
To: Wonsower, Donna
Subject: FW: Petition for rezoning Parcel #765-16226-000
Follow Up Flag: Follow up
Flag Status: Flagged
For you!
Kylee Cole
Long Range & Historic Preservation Planner City of Fayetteville, Arkansas
479-575-8327
kcole@fayetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
-----Original Message -----
From: Planning Shared <plan ning@fayettevil le-ar.gov>
Sent: Monday, October 14, 2024 8:55 AM
To: Cole, Kylee <kcole@fayetteville-ar.gov>
Subject: FW: Petition for rezoning Parcel #765-16226-000
Concerning RZN-2024-0047
Thankyou
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
-----Original Message -----
From: charity653@hotmail.com <charity653@hotmail.com>
Sent: Sunday, October 13, 2024 10:50 AM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Petition for rezoning Parcel #765-16226-000
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.
We are petitioning against the rezoning of property at 653 N Genevieve Ave. The roads are very narrow and we barely
have water pressure as it is. I can't imagine the water pressure will get better with more buildings/ people in this tiny
area. We are already dealing with leaks and roads having to be torn up to make repairs to our water lines.
1
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 13 of 18
This would also increase the amount of cars/ traffic on our tiny roads. There are no sidewalks for the children to walk on,
therefore putting them in harms way with increased traffic. We beg you to please not let this pass. I do invite you to
come to our little side of town to truly see why this is not a good idea. I understand the land owner wants to make more
profit but not in this area please. Thank you for your time.
Sent from myMail for iOS
Planning Commission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 14 of 18
RZN-2024-0047
One Mile View
651 N. Genevieve Ave
ORTH
0 0.13 0.25 0.5 MilesPr
'
i
' I �
i
I
RI-12 I
I
I C
----------- --- TT---
"WEDINGTON'DR-----------------
- — — — — — — — — — — — 1 — — — — — — — — — — — — — — — —
G2
R-O
Subject Property
IT I J
RNIF-6
0
N
(9
z
RX
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1
Regional Link
Neighborhood Link
— Unclassified
— Alley
— Residential Link
E I Planned Neighborhood Link
JIM Planned Residential Link
— — Shared -Use Paved Trail
Trail (Proposed)
Fayetteville City Limits
iPlanningArea
RSF-8
PERSIMMON SA 1
1
� RSF-2
f RSF-1
0
Planning Area _
Fayetteville City Limits -- g
------------
I
I
R-A
RSF-4
Zoning
=1-2 General lnd-rill
RESIDENT IALSINGLE-FAMILY
EXTRACTION
N"
E-1
RI-u
COMMERCIAL
J RI-12
Re iitlenti.1-01h.
NSL
C-1
�ReaidenYel-Agricunural
IIIIIIIIIIINC-2
It
= C-3
RSF-1
FORM BASED DISTRICTS
RSF-2
Downtown Gore
his
Urban moroughhi e
RSF-�
Main Sh—t Center
RSFA
Downlmm Generel
RSF-18
ommonity Servi.a
RESIDENTIALMULTI-FAMILY
Neighborhood Se —
RMFE
Neighborhood Con —t.
RM112
PLANNED ZONING DISTRICTS
RMF-18
= Commercial. Industrial. Residential
RMF-sa
INSTITUTIONAL
RMF- a
INDUSTRIAL
1-1 Heavy Commercial and Light Industrial
annlnc
Uommisslon
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Pace 15 of 18
RZN-2024-0047
Close Up View
SABINE
PASS RD
0
d'
X
z
LU
O
2
d
I
SALTBOX
ST
Residential Link
Trail (Proposed)
_~ Planning Area
! - - Fayetteville City Limits
651 N. Genevieve Ave
-TACKETT- DR
Proposed
RMF-6
RSF-8
J
J
LU
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erty
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Q
0
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RSF-4
_U
Z
W
a
O
U
GREENS CHAPEL-RD
Feet
0 75 150 300 450 600
1:2,400
,J&
NORTH
Zone Current Proposed
R-A 1.4 0.0
RMF-6 0.0 1.5
RSF-4 0.1 0.0
RSF-8 0.0 0.0
Total 1.5 ac
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 16 of 18
RZN-2024-0047 651 N. Genevieve Ave
Current Land Use N 0 RT H
n
,
,
Single -Family Residential
.._�`.,
e
Single -Family Residential
� INN
Subject Property_ fir;
FtW
Single -Family Residential
zr Single -Family Residential
and Undeveloped
n(y
Unclassified FEMA Flood Hazard Data
Residential Link
100-Year Floodplain
■ ■ Planned Residential Link
Feet Floodway
Trail (Proposed)
Planning Area 0 112.5 225 450 675 900
Fayetteville City Limits 1:3,600
Plan ninq ommission
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Paqe 17 of 18
RZN-2024-0047 651 N. Genevieve Ave
Future Land Use NORTH
■ ■ ■ 4 1
1 1
1
Rural
Residential '
I 1
' I 1
' I 1
WEDINGTOND
p1 Subject Property
Regional Link
Neighborhood Link
Unclassified
Alley
Residential Link
Planned Neighborhood Link
■ I Planned Residential Link
Planning Area
Fayetteville City Limits
Trail (Proposed)
eigh
0 305 610
Feet
1,220
1:10,000
1,830 2,440
Civic
Institutional
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
October 28, 2024
RZN-2024-0047 (FINELINE DEVELOPMENT)
Pace 18 of 18
Form vl.54
medta
RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 26 2024
113 W MOUNTAIN CITY OF FAYETTEVILLE
FAYETTEVILLE,AR 72701 CITY CLERK'S OFFICE
Ad number#: 459138
PO #:
Matter of: ORD 6814
AFFIDAVIT•STATE OF ARKANSAS
1, 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 I was so related to
this publication at and during the publication of the annexed legal advertisement in the matter of:
ORD 6814
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$98.80.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 11/24/24;NWA nwaonline.com 11/24/24
Legalg A S '%
-
e al Clerk Y��• lO!u•..6s6)
Sebastian •� -21-203,
State of ARKANSAS,County of 9.
Subscribed and sworn to before me on this 25th day of November, 2024 =cn:� �•� s
1'UBL`C' o•'2
q '
OTARY PUBLIC
OrdinanleNumber:ce:68214
Fi024-706
REZONING-2024-0047:(653
N. GENEVIEVE AVE./FINELINE
DEVELOPMENT LLC,436):
AN ORDINANCE TO REZONE
THE PROPERTY DESCRIBED IN
REZONING PETITION RZN 2024-
47 FOR APPROXIMATELY 1.60
ACRES LOCATED AT 653 NORTH
GENEVIEVE AVENUE IN WARD 4
FROM R-A,RESIDENTIAL AGRI-
CULTURAL TO RMF-6,RESIDEN-
TIAL MULTI-FAMILY,SIX UNITS
PER ACRE,SUBJECT TO A BILL
OF ASSURANCE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
Section 1:Thatthe 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 R-A, Residential
Agricultural to RMF-6,Residen-
tial Multi-Family,Six Units Per
Acre,subject to the attached bill
of assurance(Exhibit C).
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
November 19,2024
Approved:
Lioneld Jordan,Mayor
Attest:
Jackson Shelton
Senior Deputy City Clerk
This publication was paid for
by the City Clerk-Treasurer of
the City of Fayetteville,
Arkansas.
Amount Paid:598.80
November 24,2024 459138
