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HomeMy WebLinkAboutOrdinance 6885113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6885 File Number: 2025-755 Type: REAL ESTATE Kind: ORDINANCE Recorded: 6/25/2025 8:28:31 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00017125 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-16 FOR APPROXIMATELY 0.50 ACRES LOCATED AT 1230 WEST HENDRIX STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 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-4, Residential Single -Family, Four Units Per Acre to RI-12, Residential Intermediate, 12 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 June 17, 2025 Approved: Molly Rawn, 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: $ 89.68 Page 1 File Number: 2025-00017125 Page 1 of 3 RZN-2025-0016 1230 W. HENDRIX ST Close Up View I EXHIBIT A krR4, a !RMF�24� Regional Link - High Activity — Unclassified Residential Link - - - Trail (Proposed) i Planning Area ANFayetteville City Limits RSF4 Subject Property RI-12 RSF-18 Feet 0 75 150 300 1:2,400 450 600 RI.12 NS-L NORTH Zone Current Proposed RI-12 0.0 0.5 RSF-4 0.5 0.0 Total 0.5 ac File Number: 2025-00017125 Page 2 of 3 EXHIBIT B LEGAL DESCRIPTION Lot 4, Block 1, Hendrix Addition, to the City of Fayetteville, Washington County, Arkansas, as shown on plat record 1 at page 5. Washington County, AR I certify this instrument was filed on 6/25/2025 8:28:31 AM and recorded in REAL ESTATE File# 2025-00017125 Kvle Svlvester - Circuit Clerk File Number: 2025-00017125 Page 3 of 3 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 17, 2025 CITY COUNCIL MEMO 2025-755 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Planning Director SUBJECT: RZN-2025-0016: Rezoning (1230 W. HENDRIX STIREAGOR HOMES LLC, 404): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1230 W. HENDRIX ST. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 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 a 0.50-acre residential lot on the north side of W. Hendrix Street, located between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix Addition and currently contains one single-family dwelling which was constructed in 1949. The property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. No overlay districts, streams, or floodplain occur on the site. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units Per Acre to RI- 12, Residential Intermediate — 12 Units per Acre. The applicant did not submit any associated development plans. Public Comment: Staff did not receive any public comment relating to the rezoning request. Land Use Compatibility: The area surrounding the subject property is a mix of housing types, with both single- family and attached residential buildings located along Hendrix Street and the larger Hendrix Addition maintaining a predominantly single-family character. Staff finds the proposed RI-12 rezoning compatible with surrounding uses. RI-12 permits a mix of low -intensity residential types, including up to four -unit buildings, but maintains minimum lot standards-50 feet in width and 5,000 sq. ft. in area for single-family homes. This block of W. Hendrix Street includes RSF-4, RI-12, and RSF-18, Residential Single -Family, 18 Unit per Acre, zoning designations, making the current request consistent with the area. The parcel could likely be subdivided once for two single-family homes where a multi -unit building would require the full lot. While RSF-4 and RI-12 allow similar uses, RI-12 does permit a wider diversity of housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals of City Plan 2040, adopted Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 land use policies, and the future land use designation for this location. This property, designated as a Residential Neighborhood Area, envisions primarily residential uses in a variety of complimentary building types and configurations. RI-12 would allows a wider range of residential density not allowed in the current zoning district and in an infill location, consistent with the City's land use policies. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for the area in question. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #8, 2266 W. Deane Street) • Near Sewer Main (6", W. Hendrix Street) • Near Water Main (6", W. Hendrix Street) • Near Grocery Store (Harps on N. Garland Avenue) • Near City Park (Lewis Soccer Complex) • Near Paved Trail (On -street facility, N. Garland Avenue) • Near Razorback Bus Stop (N. Garland Avenue) DISCUSSION: At the May 27, 2025 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Payne seconded. Commissioners offered little comment, finding the request to be compatible with current land uses and future land use goals. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report 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 #: 2025-755 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-16 FOR APPROXIMATELY 0.50 ACRES LOCATED AT 1230 WEST HENDRIX STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 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-4, Residential Single -Family, Four Units Per Acre to RI-12, Residential Intermediate, 12 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 2025-755 Item ID 6/17/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/30/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2025-0016: Rezoning (1230 W. HENDRIX ST/REAGOR HOMES LLC, 404): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1230 W. HENDRIX ST. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: May 27, 2025 Updated with results. SUBJECT: RZN-2025-0016: Rezoning (1230 W. HENDRIX ST/REAGOR HOMES LLC, 404): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 1230 W. HENDRIX ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNIT PER ACRE and contains approximately 0.50 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2025-0016 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0016 to City Council with a recommendation for approval." BACKGROUND: This item was tabled at the applicant's request at the May 12, 2025 Planning Commission. The subject property is a 0.50-acre residential lot on the north side of W. Hendrix Street, located between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix Addition and currently contains one single-family dwelling which was constructed in 1949. The property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. No overlay districts, streams, or floodplain occur on the site. Surrounding land uses and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-18, Residential Single -Family, 18 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Residential Intermediate RSF-18, Residential Single -Family, 18 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units Per Acre to RI-12, Residential Intermediate — 12 Units per Acre. The applicant did not submit any associated development plans. Public Comment: Staff has received no public comment. INFRASTRUCTURE AND ENVIRONMENTAL ANALYSIS: Streets: The property's frontage along W. Hendrix Street, a residential link, is partially improved with asphalt paving. Any street improvements required in these areas Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 1 of 13 would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. There is an existing 6-inch water main along the south side of W. Hendrix Street. Sewer: Sanitary sewer is available to the subject area. There is an existing 6-inch sewer main along W. Hendrix Street. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 270 linear feet downstream of this property. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams are present. Hydric soils are present on the property, which are a known indictor 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 will be 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. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district of RI-12, Residential Intermediate, 12 Units per Acre, requires 20% minimum canopy preservation. The current zoning district of RSF- 4, Residential Single -Family, 4 Units per Acre, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 2 of 13 and accessory dwelling units. 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, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. The following guiding policies are designed to encourage future and existing residential neighborhoods to be or become more complete, compact and connected: CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for the area in question, with a weighted score of 8. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #8, 2266 W. Deane Street) • Near Sewer Main (6", W. Hendrix Street) Near Water Main (6", W. Hendrix Street) Near Grocery Store (Harps on N. Garland Avenue) Near City Park (Lewis Soccer Complex) • Near Paved Trail (On -street facility, N. Garland Avenue) • Near Razorback Bus Stop (N. Garland Avenue) 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: The area surrounding the subject property is primarily single-family homes, though there are nearby apartment complexes at Hendrix Street and Garland. Despite this, the Hendrix Addition maintains a predominantly single-family character. Staff finds the proposed RI-12 rezoning compatible with surrounding uses. RI-12 permits a mix of low - intensity residential types, including up to four -unit buildings, but maintains minimum lot standards-50 feet in width and 5,000 sq. ft. in area for single- family homes. This block of W. Hendrix Street includes RSF-4, RI-12, and RSF-18 zoning, making the rezoning request consistent with the area. The parcel could likely be subdivided once for two single-family homes; a multi- unit building would require the full lot. While RSF-4 and RI-12 allow similar uses, RI-12 permits more housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This property, designated as a Residential Neighborhood Area, envisions primarily residential uses in a variety of complimentary building types and configurations. RI-12 would allow higher range of residential density not allowed in the current zoning district and in an infill location, consistent with the City's land use policies. Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 3 of 13 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the request to be justified. The existing lot width and depth, greater even than the minimums allowable in the RSF-4 zoning district, allow for a level of compatible inf ill development that would be consistent with the future land use goals of the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning and redevelopment of the property under RI-12 has the potential to slightly increase traffic on Hendrix Street. The size of the property, totaling around half an acre, will naturally restrict the number of potential dwellings, and therefore the possibility of increased traffic danger and congestion will not be appreciable. 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 RI-12 increases the potential population density but will not undesirably increase the load on facilities and services. As noted above, this half -acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 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-2025-0016 to the City Council with a recommendation for approval. Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 4 of 13 PLANNING COMMISSION ACTION: Required YES Date: May 27, 2025 O Tabled I Motion: Garlock Second: Payne jVote: 7-0-0 BUDGET/STAFF IMPACT: None C� Forwarded with a recommendation of approval. O Denied Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 5 of 13 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwellingunit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 6 of 13 Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; 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, §§l (Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) and family four 4 family Lot width 50 feet 50 feet 90 feet minimum Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 7 of 13 Lot area 5,000 square 7,260 square 10,890 square minimum feet I feet I feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21; Ord. No. 6658, §2(Exh. A), 5-2-23) Editor's note(s)-Ord. No. 6820, §1, adopted December 4, 2024, determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the 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 July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Planning Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 8 of 13 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 April 2, 2025 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-06281-000 from RSF-4, Residential Single family, Four (4) Units Per Acre — Neighborhood Conservation to RI-12—Residential Intermediate —Twelve (12) Units Per Acre Dear Planning Staff: This letter is intended to accompany a rezone request for Parcel No. 765-15111-001, located at 1230 W. Hendrix St. in Fayetteville. The parcel is currently zoned RSF-4, Residential Single family, Four (4) Units Per Acre (RSF-4). The applicant is requesting that it be rezoned to RI-12, Residential Intermediate —Twelve (12) Units Per Acre (RI-12). This property is adjacent to RSF-18 to the West and South and RSF-4 to North and East. There have been a number of parcels along Hendrix St. which have been zoned to RSF-18 or RI-12. The proposed RI-12 zoning promotes infill projects by allowing a diversity of unit types with flexible lot widths. RI-12 does not allow multi -family by right, and Hendrix St. already contains a mixture of single- family and multi -unit structures. A rezone to RI-12 would allow for infill that properly blends with the current development pattern. Accordingly, a rezone to RI-12 would be compatible with the existing mix of development, and zoning districts. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479-636-2168 or at wkellstrom(&,,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 lsl 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 CIVIL LITIGATION, COMMERCIAL RJaft)MR9fV D1 a$VbLLECTION May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 9 of 13 May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 10 of 13 RZN-2025-0016 Close Up View MAXWELL-DR z O F- - z O 0 a 1230 W. H E N D RIX ST RSF-4 w a z O 1- z 0 0 a Subject Property w Q RSF-18 z O H C9 M_OVNT C z �MFO o CARTER,ST RI-U RMF-24 ANT CO�FO Regional Link - High Activity Unclassified Residential Link - - - Trail (Proposed) Planning Area _ Fayetteville City Limits HENDRIX- ST Feet 0 75 150 300 450 600 1:2,400 w a c z Q :.I W I HICKORY-ST RI-12 MALIBU ST— LI WSON ST- w NS-L Q 0 z a J 0 ,A& NORTH Zone Current Proposed RI-12 0.0 0.5 RSF-4 0.5 0.0 Total 0.5 ac May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 11 of 13 1 11 • Current Land Use FF"47. �„ Wes' Aw KIM Inc- „ 4 � -� JN 7 �� � �! .. '.'�.n'..:17i. LLSiC':.i :,.3' • - • • - E E � 3 -n `�� A Mixed Residential wsw zso f r.��M.jl� .A, s• - � • • �/ .- � ��, a 'asQh � - .,.. -"�'� .a[`: � Cl• � 1 i 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 anninq Commission May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 12 of 13 May 27, 2025 RZN-2025-0016 (REAGOR HOMES LLC) Paqe 13 of 13 Form v1 55 media Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 516696 PO #: Matter of ORD 6885 AFFIDAVIT • STATE OF ARKANSAS ECEIVE 6/23/2025 C -Y C F *'AYETTEV LLE CITY CLERK'S OFFICE 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 WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6885 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 $89.68. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 06122125; NWA nwaonline.com 06122125 Legal Clerk State of ARKANSAS, County of Sebastian , Subscribed and sworn to before me on this 23rd day of June, 2025 NO Y PUBLIC Ordinance: 6685 File Number: 2025-755 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 1E FOR APPROXIMATELY 0.50 ACRES LOCATED AT 1230 WEST HENDRIX STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SIN- GLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 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-4, Residential Single -Family, Four Units Per Acre to RI-12, Residential Inter- mediate,12 Units Per Acre. Section 2: That the City Coun- cil of the City of Fayetteville. Arkansas hereby emends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on June 17, 2025 Approved: Molly Rawn, 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: $89.68 June 22„ 2025 516696