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HomeMy WebLinkAboutOrdinance 6897113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6897 File Number: 2025-1060 Type: REAL ESTATE Kind: ORDINANCE Recorded: 7/18/2025 10: 17:07 AM Fee Amt: $35.00 Page 1 of 5 Washington County, AR Kyle Sylvester Circuit Clerk File# 2025-00019711 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-21 FOR APPROXIMATELY 0.12 ACRES LOCATED EAST OF 1228 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD, 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 RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood, subject to the attached Bill of Assurance (Exhibit Q. 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 July 15, 2025 Approved: �� 4 o ' Molly Rawn, Mayor Attest: 'syj1SNC I�f f�Y�"? Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 92.72 Page 1 File Number: 2025-00019711 Page 1 of 5 RZN-2025-0021 Close Up View EAST OF 1228 S. WEST AVE ptVgv� INC 1-1 Y f yr jj iPi RMF-2 i ` rj , iL 13TH•ST— 4 _ -- �F Regional Link - High Activity — Unclassified Alley Residential Link i Planning Area ADFayetteville City Limits Feet 0 75 150 300 450 1:2,400 600 RZN-2025-0021 EXHIBIT 'A' P-1 MSC NORTH Zone Current Proposed RMF-24 01 00 UN 0.0 0.1 Total 0.1 ac File Number: 2025-00019711 Page 2 of 5 RZN-2025-0021 EXHIBITS' Legal Description: Part of Lot 9, Block 1, Wilson —Dunn Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Commencing at a set rebar with cap marking the Northwest Corner of Lot 9. Thence along the North line of said Lot 9, South 87 degrees 15 minutes 21 seconds East, 80.91 feet to a set rebar with cap and the Point of Beginning. Thence continue along the North line of said Lot 9, South 87 degrees 15 minutes 21 seconds East, 95.72 feet to a set rebar with cap marking the Northeast Corner of said Lot 9. Thence along the East line of said Lot 9, South 02 degrees 31 minutes 13 seconds West, 53.95 feet to a set rebar with cap. Thence leaving said East line, North 87 degrees 10 minutes 18 seconds West, 94.23 feet to a set rebar with cap. Thence North 00 degrees 56 minutes 01 seconds East, 53.84 feet to the Point of Beginning, containing 0.12 acres and subject to any Easements of Record. Also having rights to an Access and Maintenance Easement being part of Lot 9, Block 1, Wilson —Dunn Addition to the City of Fayetteville, Washington County, Arkansas being more particularly described as follows: Beginning at a set rebar with cap marking the Southeast Comer of said Lot 9. Thence along the South line of said Lot 9, North 87 degrees 10 minutes 18 seconds West, 93.95 feet. Thence leaving said South line, North 00 degrees 56 minutes 01 seconds West, 10.01 feet to a set rebar with cap. Thence South 87 degrees 10 minutes 18 seconds East, 94.23 feet to a set rebar with cap on the East line of Lot 9. Thence along the East line of said Lot 9, South 02 degrees 31 minutes 13 seconds West, 10.01 feet to the Point of Beginning. File Number: 2025-00019711 Page 3 of 5 Exhibit C BILL OF ASSURANCE FOR nM CITY OF FAMTSVILM ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitionef ) Wesley Bates. 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 rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shell be limited to 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will riot be allowed upon petitioner's property include 4. (Any other terms or conditions) File Number: 2025-00019711 Page 4 of 5 5. 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 after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Wesley Bates. as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below Date (o2Z 5 $t&.- 4ve �+7.r.(",<tA1? Pt - Address STATE OF ARKANSAS ) COUNTY OF WASHINGTON ) P0�1 Ida <`�� ��c, cN 1 Y"�f� r) 5� � 6fs Printed Name Title (if on behalf of business entity) Signature On this, the 4 rr day of TWE . 2015, before me, the undersigned notary, personally appeared vX6 Cj MTE,AR IMSVITM known tome (or satisfactorily proven) to be the person(s) whose name is/are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. *V-00PIQ 61EfhW- �(A//i�ti�/'i�2 NOTARY PUBLIC 6MI L.(IC�j My Commission Expires: d' -07- EMILY FRANCES TILEU Y County, Notary Publlo•Arkanses Washington y, AR Pulaski County I certify this instrument was filed on My Commission Expires 07.02.2034 7/18/2025 10: 17:07 AM Commission a 00002530 and recorded in REAL ESTATE File# 2025-00019711 Kvle Svlvester - Circuit Clerk File Number: 2025-00019711 Page 5 of 5 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 15, 2025 CITY COUNCIL MEMO 2025-1060 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Gretchen Harrison, Senior Planner SUBJECT: REZONING-2025-0021: (EAST OF 1228 S. WEST AVE./BATES-SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: City Planning Staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property contains one parcel totaling 0.12 aces which was recently created as part of a lot split (LSP-2025-0003). The property was established as a tandem lot and is located behind a lot that has street frontage along West Avenue just north of 13th Street. Based on recent revisions to the City's lot frontage requirements which were approved by City Council (Ordinance No. 6869), the subject property may be considered a conforming lot, rather than a tandem lot, with frontage on the alley to the east. The property is undeveloped and located within the boundaries of the 71 B Corridor Master Plan area. Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family, 24 Units per Acre to UN, Urban Neighborhood with a bill of assurance limiting permitted uses to residential only. Public Comment: Prior to the publication of the Planning Commission staff report, planning staff received a few inquiries about this rezoning but no comments in support or opposition to it. On the day of the meeting, staff received two emails from members of the public who stated their opposition to this rezoning. Their concerns included the potential for spot zoning, lack of clarity in development plans, compatibility with existing residential character, limited parking, and restricted access through an alley. One individual raised concerns about insufficient public notification, though staff confirmed that the notices provided by the applicant were substantially compliant with established requirements. At the Planning Commission hearing, that same resident reiterated her concerns about this request. Two other individuals, who are both Fayetteville -based design professionals, spoke at the meeting and expressed their support for this rezoning, stating that Urban Neighborhood allows for greater flexibility for residential development and aligns with the City's goals for housing and infill. Land Use Compatibility. Staff finds the applicant's request to rezone the property to UN, Urban Neighborhood Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to be largely compatible with the surrounding mix of residential and non-residential uses. The subject property is located within a residential area, directly adjacent to commercial uses and the 71 B Corridor. To ensure the property remains residential in character, the applicant has offered a bill of assurance that would limit permitted uses to residential only. A rezoning to UN would allow for increased residential development near downtown Fayetteville, which would align with the City's broader goals for infill development. Like the existing RMF-24 zoning, UN requires pedestrian -oriented development through a 0 to 25-foot build -to zone. In contrast to the existing zoning which allows building heights of up to five stories, UN would only allow building heights of up to three stories. UN would also allow for smaller lot sizes, reduced setbacks, and greater residential densities, all of which promote a greater diversity of housing options. While the surrounding neighborhood is primarily zoned RMF-24, a district that promotes moderate -density multi -family development, it is largely developed with low - density, single-family residences. A rezoning to UN could provide a more appropriate and compatible zoning designation that supports compact, infill development while enhancing compatibility with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's future land use plans. The City Plan 2040 Future Land Use Map designates the property as Residential Neighborhood Area and it falls within the boundaries of the 71 B Corridor Master Plan. Residential Neighborhood Areas are intended to remain primarily residential in nature while supporting a diverse range of housing types that are appropriate in scale and context. The 71 B Corridor Master Plan further emphasizes that any redevelopment in existing single-family areas to the east and west of the corridor should prioritize scale sensitivity and neighborhood compatibility. In this case, a rezoning to UN would allow for smaller lot sizes and building forms that may be out of character with the surrounding single-family area. However, the proposed rezoning aligns with several of the goals stated in City Plan 2040, including Goal 1, which encourages appropriate infill development, and Goal 6, which aims to expand opportunities for attainable housing. While the proposed rezoning raises some concerns regarding immediate compatibility with the surrounding area, it generally supports the City's broader vision for sustainable growth, housing diversity, and infill development. City Plan 20401nfill Matrix: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (6-inch main, adjacent alley) • Near Sewer Main (6-inch main, adjacent alley) • Near U of A Main Campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (71 B Corridor Plan) DISCUSSION: At the June 23, 2025 Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a vote of 8-0-0. A motion to amend that motion to remove the offered bill of assurance was made by Commissioner Werner and seconded by Commissioner McGetrick, though it failed by a vote of 4-4-0. Three members of the public spoke at the meeting. One, who also provided comments via email, reiterated her concerns about this rezoning request at the meeting. The two other individuals, who are both Fayetteville -based design professionals, expressed their support for this rezoning and that Urban Neighborhood allows for greater flexibility for residential development and aligns with the City's goals for housing and infill. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Exhibit C - Bill of Assurance, 7. 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 #: 2025-1060 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-21 FOR APPROXIMATELY 0.12 ACRES LOCATED EAST OF 1228 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD, 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 RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood, subject to the attached Bill of Assurance (Exhibit Q. 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 2025-1060 Item ID 7/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/27/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: REZONING-2025-0021: Rezoning (EAST OF 1228 S. WEST AVE./BATES-SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. 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 ftFAYETTEVILLE w ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Gretchen Harrison, Senior Planner MEETING DATE: June 23, 2025 (updated with results) SUBJECT: RZN-2025-0021: Rezoning (EAST OF 1228 S. WEST AVE./BATES- SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: Staff recommends forwarding RZN-2025-0021 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2025-0021 to the City Council with a recommendation of approval." BACKGROUND: The subject property is comprised of one parcel totaling 0.12 aces which was recently created as part of a lot split (LSP-2025-0003). The property was established as a tandem lot and is located behind a lot that has street frontage along West Avenue just north of 13th Street. Based on recent revisions to the City's lot frontage requirements which were approved by City Council (Ordinance No. 6869), the subject property may be considered a conforming lot, rather than a tandem lot, with frontage on the alley to the east. The property is undeveloped and located within the boundaries of the 71 B Corridor Master Plan area. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre South Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Auto Repair Store DG, Downtown General West Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family, 24 Units per Acre to UN, Urban Neighborhood with a bill of assurance limiting permitted uses to residential only. Public Comment: Staff has received some inquiries about this request but no comments in direct support or opposition to it. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has no frontage on a public street, though it does have frontage on a partially improved alley to the east. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing six-inch water main present along the alley to the east of the property. Sewer: Sanitary sewer is available to the subject property. There is an existing six-inch sewer main present along the alley to the east of the property. There are known wet weather capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 525 linear feet downstream of this property. Drainage: No portion of the property lies within a FEMA floodplain or the Hillside/Hilltop Overlay District and no hydric soils or protected streams are present on site. Any additional improvements or requirements for drainage will be determined at the time of development review. Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately two 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 one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request Tree Preservation: The proposed zoning district, UN, Urban Neighborhood, requires 15% minimum canopy preservation. The current zoning district, RMF-24, Residential Multi - Family, 24 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 Area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (6-inch main, adjacent alley) • Near Sewer Main (6-inch main, adjacent alley) • Near U of A Main Campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (71 B Corridor Plan) 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 applicant's request to rezone the property to UN, Urban Neighborhood to be largely compatible with the surrounding mix of residential and non-residential uses. The subject property is located within a residential area, directly adjacent to commercial uses and the 71 B Corridor. To ensure the property remains residential in character, the applicant has offered a bill of assurance that would limit permitted uses to residential only. A rezoning to UN would allow for increased residential development near downtown Fayetteville, which would align with the City's broader goals for infill development. Like the existing RMF-24 zoning, UN requires pedestrian -oriented development through a 0 to 25-foot build -to zone. In contrast to the existing zoning which allows building heights of up to five stories, UN would only allow building heights of up to three stories. UN would also allow for smaller lot sizes, reduced setbacks, and greater residential densities, all of which promote a greater diversity of housing options. While the surrounding neighborhood is primarily zoned RMF-24, a district that promotes moderate -density multi -family development, it is largely developed with low -density, single-family residences. A rezoning to UN could provide a more appropriate and compatible zoning designation that supports compact, infill development while enhancing combability with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's future land use plans. The City Plan 2040 Future Land Use Map designates the property as Residential Neighborhood Area and it falls within the boundaries of the 71 B Corridor Master Plan. Residential Neighborhood Areas are intended to remain primarily residential in nature while supporting a diverse range of housing types that are appropriate in scale and context. The 71 B Corridor Master Plan further emphasizes that any redevelopment in existing single-family areas to the east and west of the corridor should prioritize scale sensitivity and neighborhood compatibility. In this case, a rezoning to UN would allow for smaller lot sizes and building forms that may be out of character with the surrounding single-family area. However, the proposed rezoning aligns with several of the goals stated in City Plan 2040, including Goal 1, which encourages appropriate infill development, and Goal 6, which aims to expand opportunities for attainable housing. While the proposed rezoning raises some concerns regarding immediate compatibility with the surrounding area, it generally supports the City's broader vision for sustainable growth, housing diversity, and infill development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has stated that they have requested this rezoning to accommodate a small, planned residential development, since the UN zoning district offers more flexible lot width and setback requirements and would allow them to further subdivide the property into three lots. Staff finds that the applicant's request is justified since it would allow for an increase in housing supply and diversity in close proximity to downtown Fayetteville where services, amenities, and employment opportunities are most densely concentrated. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to UN is not likely to create or appreciable increase traffic danger or congestion since the subject property is relatively small and many of the zoning regulations tied to that district are similar to those associated with RMF-24 zoning. Any street or alley improvements required in the area would be determined at the time of development proposal. 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 from RMF-24 to UN has the potential to alter the population density when considering that UN has no set density limitation. However, given the presence of existing public infrastructure and the property's location near downtown Fayetteville, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. However, there are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 525 linear feet downstream of this property. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0021 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION Date: June 23, 2025 O Tabled Motion: Castin Second: Brink Vote: 8-0-0 BUDGET/STAFF IMPACT: None Required YES M Forwarded with a recommendation of approval O Denied Motion #2 (failed): Amend the motion to remove the bill of assurance Werner McGetrick 4-4-0 ATTACHMENTS: • Unified Development Code o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre o §161.37 Urban Neighborhood • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Request Letter • Bill of Assurance • Public Comment Received After Planning Commission Hearing 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 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 24 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 35 feet Two 2 family 35 feet Three 3 family or more 1 70 feet Professional offices 1 100 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 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (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 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/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. 161.37 Urban Neighborhood (A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and provide a transition into residential neighborhoods from more intense, mixed -use districts. Urban Neighborhood promotes a walkable, pedestrian -oriented neighborhood development form with a variety of housing options and complementary neighborhood businesses that are compatible in scale and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 13 Eating laces Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 14 Hotel, motel and amusement services Unit 15 Neighborhood shopping oods Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 12 feet All other uses I None (2) Lot Area Minimum. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. RZN-2025-0021 EAST OF 1228 S. WEST AVE One Mile View NORTH 0 0.13 0.25 0.5 Miles NC - 11. MARTI-UTHER > KING JR(BLVD. ff _1 O _ ! U ZD r � RMF-24 Subject Property _ ' � 1 ` 111 � 1 1 I-2 1 11 �1 1 1 1 P-1 r r� 15THIS MSC 1 CS 1 1 1 12-A UC I 1 19TH ST I Regional Link - - - Neighborhood Link _ _ _ Regional Link - High Activity Urban Center — Unclassified r- - May Residential Link Planned Neighborhood Link ❑ — m Shared Use Paved Trail — Trail (Proposed) i r _ Design Overlay District Y _ 1 Fayetteville City Limits Planning Area O l Planning Area Fayetteville City Limits _-_- RZN-2025-0021 EAST OF 1228 S. WEST AVE Close Up View lu Q z z z z 0 Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 13TH •ST— w a Feet 0 75 150 300 1:2,400 450 e P-1 ,A& NORTH Zone Current Proposed RMF-24 0.1 0.0 UN 0.0 0.1 Total 0.1 ac RZN-2025-0021 Current Land Use L) J � � EAST OF 1228 S. WEST AVE Ilk t� ut t 4. Mixed Use e � Ln Subject Property M IF Institutional Mixed Residential• Z Z 0 Regional Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits Mixed Use Feet 0 112.5 225 450 1:3,600 0- FEMA Flood Hazard Data 1oo=Year Floodpoin Floodway 675 900 RZN-2025-0021 Future Land Use Civic Institutional t t t �r Regional Link Neighborhood Link Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Planned Neighborhood Link 1 1 Planning Area 1 _i Fayetteville City Limits Trail(Proposed) Design Overlay District 7;A EAST OF 1228 S. WEST AVE Non -Municipal Government MARTIN LUTHER M KIN JG R BLVD , City Neighborhood Subject Property O i Civic and Private Open Space ORTH Industrial - -Natural Rural Residential City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 305 610 1,220 1,830 2,440 Residential Neighborhood 1:10,000 Rural Residential Urban Center City of Fayetteville Planning Commission & City Council 113 W Mountain Street Fayetteville, AR 72701 RE: Rezoning Request for Lot Behind 1228 S. West Avenue from RMF-24 to Urban Neighborhood (UN) Dear Planning Commissioners and Council Members, I am requesting the rezoning of the lot located directly behind 1228 S. West Avenue from RMF-24 to Urban Neighborhood (UN). We plan to build one home and two accessory dwelling units (ADUs) on the site. While this can be built under the current zoning, the UN district would allow each unit to be placed on its own lot and sold fee simple, eliminating the need for a Horizontal Property Regime (HPR). This would reduce cost and complexity while supporting long-term affordability and simpler ownership structures. Statement of Compatibility The proposed rezoning is compatible with the surrounding neighborhood, which includes a mix of single-family homes, duplexes, and small-scale multi -family housing. There is also commercial zoning and active businesses directly across the alley and further down the block, which adds to the area's mixed -use character. The Urban Neighborhood district better reflects this context and supports Fayetteville's goals for diverse, walkable, and sustainable infill housing. Our plan remains low in scale and intensity and aligns well with the existing pattern of development. Thank you for your time and consideration. Sincerely, Wes Bates BILL OF ASSURANCE FOR THE CITY OF FAYETrMLLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner') Wesley Bates ' 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 rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to residential uses 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) 5. 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 after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Wesley Bates as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. Date (o 22 5 $ c -W, A 2 Address 04 Ka ^( r—� S� Printed Name Title (if on behalf of business entity) /1'?- /-7— ' I I , ��4talea�&4 Signature STATE OF ARKANSAS ) ovv qw °� COUNTY OF WASHINGTON } puty6KA On this, the R r- day of TWC� . 201r-, before me, the undersigned notary, personally appeared +^JE�2Le'l 15618 . MRIAS► Ta--I known to me (or satisfactorily proven) to be the person(s) whose name is/ subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. * X-0 N VI"tV 61e m Et= NOTARY PUAICp My Commission Expires: T Lg d I 'QZ- 2,02,q E Y ERANCES TILOU Y tary Public -Arkansas Pulaski County miaaion Expires 07.02-2034 mmission 0 00002630 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook Outlook FW: RZN-2025-0021 From Planning Shared <planning@fayetteville-ar.gov> Date Mon 6/23/2025 1:57 PM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> For you Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 CITY OF WAk FAYETTEVILLE ARKANSAS From: KTK <kathykisida@gmail.com> Sent: Monday, June 23, 2025 12:22 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0021 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. Dear Planning Commissioners, RZN-2025-0021, 1228 S West Ave. I live across the street from this proposal at 1227 S West Ave. have lived in this neighborhood for over 20 years and know all the streets and the charm of each part of this neighborhood. It's quiet with wonderful neighbors and friends. **I find the proposal vague in details and does not give any indication as to what will be built, except as residential use. There is a bill of assurance, however, "unless and until specifically released by resolution of the Fayetteville city council". I'd like to add there is no assurance that after rezoning the property, the developers could result in selling the newly zoned lot and could potentially turn around and sell it immediately or in the near future for any unknown reasons that https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yi1 iMWl1 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 1/3 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook might arise, such as financial burden, etc. The new owners could then ask the city council to release by resolution. **This is a Spot zoning request, as it is directly incompatible with the rest of the neighborhood. It does not fit into the residential character of the existing neighborhood. There is a 16 apt complex down the street but it utilizes the current RMF-24 zoning. I think this would be a better fit and limit it to one house and one ADU. The owner should be required to add 2 parking spaces for an adu in addition to the 2 spaces required for the house. The developer originally stated they would build 2 units on the lot. Currently the plan is for three houses divided into three separate parcels. This will limit parking spaces. They will have to utilize on -street parking on 13th St., currently there is a single-family home there. Are there any examples in South Fayetteville currently using the UN zoning for comparison? **This property is less than a mile from the Fire station, so that is not a problem, except the alley will be the main access used by emergency services. I have concerns as the 20 foot alley has to be kept clear from illegal parking. It's a gravel alley and rarely used. there is no doubt in my mind that Illegal parking will happen by visitors/owner/tenants, I have seen this happen on the next block to the south by a businesses on S. School Ave. ** Before the zoning change, I would like to request an emergency report by Fire, police and ambulance services to ensure services will not be impeded to this property by the use of the alley. I think it's important that they are consulted as to what the procedure is if the alley is blocked. I'd like to know if emergency services have already signed off on this. **I would like more clarification on the setbacks for Urban Neighborhood zoning. I'm still struggling to understand the setbacks, especially since it will be split into three lots. I see what it says, but don't understand what it mean for each individual lot: Front— A build -to zone that is located between the front property line and a line 25 feet from the front property line. ?? Side— 0 Feet ?? Rear— 5 feet ?? Rear— from the centerline of an alley, 12 feet **I would also ask that this item be tabled partly because of an error in lack of public notification. And partly for gathering more information by the neighbors and the developer to inform us, as outlined above. When I saw the agenda packet on June 18 1 realized that the developer had not sent me a letter. I knew I was supposed to get a letter but I didn't know the protocol as to when. I think it was a clerical error, but would like more time to have my concerns addressed. https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil iMW11 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 2/3 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook have talked to five neighbors and four neighbors did not receive letters until June 20th. I had asked Wes Bates about it and he was very unprofessional and extremely rude in his response. I then asked him to send me a letter. *Also, the sign was placed in the alley where neighbors cannot see it. Maybe since homes can now face an alley there should be an update made to requirements about posting signs. The four addresses that did not receive letters are 1207 S West, 1210 S West, 1227 S West and 424 W 13TH ST. That includes me. Thank you for your time, I plan on being at the meeting tonight. Kathy Kisida 1227 S West Ave https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil iMWl1 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 3/3 6/24/25, 10:29 AM Mail - Harrison, Gretchen - Outlook Outlook FW: RZN-2025-0021, 1228 S West Ave. From Planning Shared <planning@fayetteville-ar.gov> Date Tue 6/24/2025 8:33 AM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 CITY OF WA FAYETTEVILLE ARKANSAS From: Buddy James <4playhobbies@gmail.com> Sent: Monday, June 23, 2025 2:26 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0021, 1228 S West Ave. 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. My name is James Keilbarth of 424 W 13th Street in Fayetteville , I've lived in this neighborhood for 12 years and would like to start by saying I'm very much for the new housing that's being proposed by Wes and Konrad with the exception of the "Spot Zoning" that's being presented. I've spoken with most of the neighbors and feel like it would not be beneficial to surrounding property owners due to the vague nature of UN rules and regulations. My property is the adjacent lot to the south of 1228 so the impact will be hitting close to home for me. My major concern is what the future owners of the properties will do and not so much what Wes and Konrads plan is to be clear. We are already zoned RMF-24 which is more than adequate to accommodate new infrastructure in our area. The alley in which you access the property is primarily used for emergency and foot traffic with little wiggle room. A gentleman built 16 condos on the property south of me without a rezone with no issues at all. I understand that the UN zoning will provide a larger monetary value for the property owners and I can't fault them for that, but I feel it's an overreach going as far as to rezone a 0.12 acre lot for the presented purpose. For that reason alone I am opposing the UN zoning and look forward to introducing new people to my neighborhood! Thank you for your time and understanding. sincerely , James K https://outlook.office.com/mail/AAMkADY3NjUwZjIwLTVmODAtNDk2Yi1 iMWl1 LWQ3YzUOZjQ1 MzEzNQAuAAAAAADmjRtrCgeFS6ahQgk7K9gXAQA... 1/1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JULY 15, 2025 CITY COUNCIL MEMO 2025-1060 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Gretchen Harrison, Senior Planner SUBJECT: REZONING-2025-0021: (EAST OF 1228 S. WEST AVE./BATES-SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: City Planning Staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property contains one parcel totaling 0.12 aces which was recently created as part of a lot split (LSP-2025-0003). The property was established as a tandem lot and is located behind a lot that has street frontage along West Avenue just north of 13th Street. Based on recent revisions to the City's lot frontage requirements which were approved by City Council (Ordinance No. 6869), the subject property may be considered a conforming lot, rather than a tandem lot, with frontage on the alley to the east. The property is undeveloped and located within the boundaries of the 71 B Corridor Master Plan area. Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family, 24 Units per Acre to UN, Urban Neighborhood with a bill of assurance limiting permitted uses to residential only. Public Comment: Prior to the publication of the Planning Commission staff report, planning staff received a few inquiries about this rezoning but no comments in support or opposition to it. On the day of the meeting, staff received two emails from members of the public who stated their opposition to this rezoning. Their concerns included the potential for spot zoning, lack of clarity in development plans, compatibility with existing residential character, limited parking, and restricted access through an alley. One individual raised concerns about insufficient public notification, though staff confirmed that the notices provided by the applicant were substantially compliant with established requirements. At the Planning Commission hearing, that same resident reiterated her concerns about this request. Two other individuals, who are both Fayetteville -based design professionals, spoke at the meeting and expressed their support for this rezoning, stating that Urban Neighborhood allows for greater flexibility for residential development and aligns with the City's goals for housing and infill. Land Use Compatibility. Staff finds the applicant's request to rezone the property to UN, Urban Neighborhood Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 to be largely compatible with the surrounding mix of residential and non-residential uses. The subject property is located within a residential area, directly adjacent to commercial uses and the 71 B Corridor. To ensure the property remains residential in character, the applicant has offered a bill of assurance that would limit permitted uses to residential only. A rezoning to UN would allow for increased residential development near downtown Fayetteville, which would align with the City's broader goals for infill development. Like the existing RMF-24 zoning, UN requires pedestrian -oriented development through a 0 to 25-foot build -to zone. In contrast to the existing zoning which allows building heights of up to five stories, UN would only allow building heights of up to three stories. UN would also allow for smaller lot sizes, reduced setbacks, and greater residential densities, all of which promote a greater diversity of housing options. While the surrounding neighborhood is primarily zoned RMF-24, a district that promotes moderate -density multi -family development, it is largely developed with low - density, single-family residences. A rezoning to UN could provide a more appropriate and compatible zoning designation that supports compact, infill development while enhancing compatibility with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's future land use plans. The City Plan 2040 Future Land Use Map designates the property as Residential Neighborhood Area and it falls within the boundaries of the 71 B Corridor Master Plan. Residential Neighborhood Areas are intended to remain primarily residential in nature while supporting a diverse range of housing types that are appropriate in scale and context. The 71 B Corridor Master Plan further emphasizes that any redevelopment in existing single-family areas to the east and west of the corridor should prioritize scale sensitivity and neighborhood compatibility. In this case, a rezoning to UN would allow for smaller lot sizes and building forms that may be out of character with the surrounding single-family area. However, the proposed rezoning aligns with several of the goals stated in City Plan 2040, including Goal 1, which encourages appropriate infill development, and Goal 6, which aims to expand opportunities for attainable housing. While the proposed rezoning raises some concerns regarding immediate compatibility with the surrounding area, it generally supports the City's broader vision for sustainable growth, housing diversity, and infill development. City Plan 20401nfill Matrix: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (6-inch main, adjacent alley) • Near Sewer Main (6-inch main, adjacent alley) • Near U of A Main Campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (71 B Corridor Plan) DISCUSSION: At the June 23, 2025 Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a vote of 8-0-0. A motion to amend that motion to remove the offered bill of assurance was made by Commissioner Werner and seconded by Commissioner McGetrick, though it failed by a vote of 4-4-0. Three members of the public spoke at the meeting. One, who also provided comments via email, reiterated her concerns about this rezoning request at the meeting. The two other individuals, who are both Fayetteville -based design professionals, expressed their support for this rezoning and that Urban Neighborhood allows for greater flexibility for residential development and aligns with the City's goals for housing and infill. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Exhibit C - Bill of Assurance, 7. 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 #: 2025-1060 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-21 FOR APPROXIMATELY 0.12 ACRES LOCATED EAST OF 1228 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD, 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 RMF-24, Residential Multi -Family, 24 Units Per Acre to UN, Urban Neighborhood, subject to the attached Bill of Assurance (Exhibit Q. 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 2025-1060 Item ID 7/15/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/27/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: REZONING-2025-0021: Rezoning (EAST OF 1228 S. WEST AVE./BATES-SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. 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 ftFAYETTEVILLE w ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Gretchen Harrison, Senior Planner MEETING DATE: June 23, 2025 (updated with results) SUBJECT: RZN-2025-0021: Rezoning (EAST OF 1228 S. WEST AVE./BATES- SIEMEK, 562): Submitted by WESLEY BATES for property located EAST OF 1228 S. WEST AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: Staff recommends forwarding RZN-2025-0021 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2025-0021 to the City Council with a recommendation of approval." BACKGROUND: The subject property is comprised of one parcel totaling 0.12 aces which was recently created as part of a lot split (LSP-2025-0003). The property was established as a tandem lot and is located behind a lot that has street frontage along West Avenue just north of 13th Street. Based on recent revisions to the City's lot frontage requirements which were approved by City Council (Ordinance No. 6869), the subject property may be considered a conforming lot, rather than a tandem lot, with frontage on the alley to the east. The property is undeveloped and located within the boundaries of the 71 B Corridor Master Plan area. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre South Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Auto Repair Store DG, Downtown General West Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family, 24 Units per Acre to UN, Urban Neighborhood with a bill of assurance limiting permitted uses to residential only. Public Comment: Staff has received some inquiries about this request but no comments in direct support or opposition to it. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has no frontage on a public street, though it does have frontage on a partially improved alley to the east. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing six-inch water main present along the alley to the east of the property. Sewer: Sanitary sewer is available to the subject property. There is an existing six-inch sewer main present along the alley to the east of the property. There are known wet weather capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 525 linear feet downstream of this property. Drainage: No portion of the property lies within a FEMA floodplain or the Hillside/Hilltop Overlay District and no hydric soils or protected streams are present on site. Any additional improvements or requirements for drainage will be determined at the time of development review. Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately two 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 one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request Tree Preservation: The proposed zoning district, UN, Urban Neighborhood, requires 15% minimum canopy preservation. The current zoning district, RMF-24, Residential Multi - Family, 24 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 Area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (6-inch main, adjacent alley) • Near Sewer Main (6-inch main, adjacent alley) • Near U of A Main Campus • Near City Park (Walker Park) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (71 B Corridor Plan) 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 applicant's request to rezone the property to UN, Urban Neighborhood to be largely compatible with the surrounding mix of residential and non-residential uses. The subject property is located within a residential area, directly adjacent to commercial uses and the 71 B Corridor. To ensure the property remains residential in character, the applicant has offered a bill of assurance that would limit permitted uses to residential only. A rezoning to UN would allow for increased residential development near downtown Fayetteville, which would align with the City's broader goals for infill development. Like the existing RMF-24 zoning, UN requires pedestrian -oriented development through a 0 to 25-foot build -to zone. In contrast to the existing zoning which allows building heights of up to five stories, UN would only allow building heights of up to three stories. UN would also allow for smaller lot sizes, reduced setbacks, and greater residential densities, all of which promote a greater diversity of housing options. While the surrounding neighborhood is primarily zoned RMF-24, a district that promotes moderate -density multi -family development, it is largely developed with low -density, single-family residences. A rezoning to UN could provide a more appropriate and compatible zoning designation that supports compact, infill development while enhancing combability with the surrounding neighborhood. Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's future land use plans. The City Plan 2040 Future Land Use Map designates the property as Residential Neighborhood Area and it falls within the boundaries of the 71 B Corridor Master Plan. Residential Neighborhood Areas are intended to remain primarily residential in nature while supporting a diverse range of housing types that are appropriate in scale and context. The 71 B Corridor Master Plan further emphasizes that any redevelopment in existing single-family areas to the east and west of the corridor should prioritize scale sensitivity and neighborhood compatibility. In this case, a rezoning to UN would allow for smaller lot sizes and building forms that may be out of character with the surrounding single-family area. However, the proposed rezoning aligns with several of the goals stated in City Plan 2040, including Goal 1, which encourages appropriate infill development, and Goal 6, which aims to expand opportunities for attainable housing. While the proposed rezoning raises some concerns regarding immediate compatibility with the surrounding area, it generally supports the City's broader vision for sustainable growth, housing diversity, and infill development. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has stated that they have requested this rezoning to accommodate a small, planned residential development, since the UN zoning district offers more flexible lot width and setback requirements and would allow them to further subdivide the property into three lots. Staff finds that the applicant's request is justified since it would allow for an increase in housing supply and diversity in close proximity to downtown Fayetteville where services, amenities, and employment opportunities are most densely concentrated. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to UN is not likely to create or appreciable increase traffic danger or congestion since the subject property is relatively small and many of the zoning regulations tied to that district are similar to those associated with RMF-24 zoning. Any street or alley improvements required in the area would be determined at the time of development proposal. 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 from RMF-24 to UN has the potential to alter the population density when considering that UN has no set density limitation. However, given the presence of existing public infrastructure and the property's location near downtown Fayetteville, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. However, there are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 525 linear feet downstream of this property. Any street improvements required in this area would be determined at the time of development proposal. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0021 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION Date: June 23, 2025 O Tabled Motion: Castin Second: Brink Vote: 8-0-0 BUDGET/STAFF IMPACT: None Required YES M Forwarded with a recommendation of approval O Denied Motion #2 (failed): Amend the motion to remove the bill of assurance Werner McGetrick 4-4-0 ATTACHMENTS: • Unified Development Code o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre o §161.37 Urban Neighborhood • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Request Letter • Bill of Assurance • Public Comment Received After Planning Commission Hearing 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 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 24 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 35 feet Two 2 family 35 feet Three 3 family or more 1 70 feet Professional offices 1 100 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 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (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 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/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. 161.37 Urban Neighborhood (A) Purpose. The Urban Neighborhood District is designed to serve as a mixed use area of medium intensity and provide a transition into residential neighborhoods from more intense, mixed -use districts. Urban Neighborhood promotes a walkable, pedestrian -oriented neighborhood development form with a variety of housing options and complementary neighborhood businesses that are compatible in scale and use with surrounding land uses. For the purpose of Chapter 96: Noise Control the Urban Neighborhood district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12b General business Unit 13 Eating laces Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk cafes Unit 41 Accessory dwelling units Unit 44 Cluster housing development Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 5 Government facilities Unit 14 Hotel, motel and amusement services Unit 15 Neighborhood shopping oods Unit 36 Wireless communication facilities Unit 45 Small scale production (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 1 12 feet All other uses I None (2) Lot Area Minimum. None. (E) Setback regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. RZN-2025-0021 EAST OF 1228 S. WEST AVE One Mile View NORTH 0 0.13 0.25 0.5 Miles NC - 11. MARTI-UTHER > KING JR(BLVD. ff _1 O _ ! U ZD r � RMF-24 Subject Property _ ' � 1 ` 111 � 1 1 I-2 1 11 �1 1 1 1 P-1 r r� 15THIS MSC 1 CS 1 1 1 12-A UC I 1 19TH ST I Regional Link - - - Neighborhood Link _ _ _ Regional Link - High Activity Urban Center — Unclassified r- - May Residential Link Planned Neighborhood Link ❑ — m Shared Use Paved Trail — Trail (Proposed) i r _ Design Overlay District Y _ 1 Fayetteville City Limits Planning Area O l Planning Area Fayetteville City Limits _-_- RZN-2025-0021 EAST OF 1228 S. WEST AVE Close Up View lu Q z z z z 0 Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 13TH •ST— w a Feet 0 75 150 300 1:2,400 450 e P-1 ,A& NORTH Zone Current Proposed RMF-24 0.1 0.0 UN 0.0 0.1 Total 0.1 ac RZN-2025-0021 Current Land Use L) J � � EAST OF 1228 S. WEST AVE Ilk t� ut t 4. Mixed Use e � Ln Subject Property M IF Institutional Mixed Residential• Z Z 0 Regional Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits Mixed Use Feet 0 112.5 225 450 1:3,600 0- FEMA Flood Hazard Data 1oo=Year Floodpoin Floodway 675 900 RZN-2025-0021 Future Land Use Civic Institutional t t t �r Regional Link Neighborhood Link Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Planned Neighborhood Link 1 1 Planning Area 1 _i Fayetteville City Limits Trail(Proposed) Design Overlay District 7;A EAST OF 1228 S. WEST AVE Non -Municipal Government MARTIN LUTHER M KIN JG R BLVD , City Neighborhood Subject Property O i Civic and Private Open Space ORTH Industrial - -Natural Rural Residential City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 305 610 1,220 1,830 2,440 Residential Neighborhood 1:10,000 Rural Residential Urban Center City of Fayetteville Planning Commission & City Council 113 W Mountain Street Fayetteville, AR 72701 RE: Rezoning Request for Lot Behind 1228 S. West Avenue from RMF-24 to Urban Neighborhood (UN) Dear Planning Commissioners and Council Members, I am requesting the rezoning of the lot located directly behind 1228 S. West Avenue from RMF-24 to Urban Neighborhood (UN). We plan to build one home and two accessory dwelling units (ADUs) on the site. While this can be built under the current zoning, the UN district would allow each unit to be placed on its own lot and sold fee simple, eliminating the need for a Horizontal Property Regime (HPR). This would reduce cost and complexity while supporting long-term affordability and simpler ownership structures. Statement of Compatibility The proposed rezoning is compatible with the surrounding neighborhood, which includes a mix of single-family homes, duplexes, and small-scale multi -family housing. There is also commercial zoning and active businesses directly across the alley and further down the block, which adds to the area's mixed -use character. The Urban Neighborhood district better reflects this context and supports Fayetteville's goals for diverse, walkable, and sustainable infill housing. Our plan remains low in scale and intensity and aligns well with the existing pattern of development. Thank you for your time and consideration. Sincerely, Wes Bates 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook Outlook FW: RZN-2025-0021 From Planning Shared <planning@fayetteville-ar.gov> Date Mon 6/23/2025 1:57 PM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> For you Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 CITY OF WAk FAYETTEVILLE ARKANSAS From: KTK <kathykisida@gmail.com> Sent: Monday, June 23, 2025 12:22 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0021 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. Dear Planning Commissioners, RZN-2025-0021, 1228 S West Ave. I live across the street from this proposal at 1227 S West Ave. have lived in this neighborhood for over 20 years and know all the streets and the charm of each part of this neighborhood. It's quiet with wonderful neighbors and friends. **I find the proposal vague in details and does not give any indication as to what will be built, except as residential use. There is a bill of assurance, however, "unless and until specifically released by resolution of the Fayetteville city council". I'd like to add there is no assurance that after rezoning the property, the developers could result in selling the newly zoned lot and could potentially turn around and sell it immediately or in the near future for any unknown reasons that https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yi1 iMWl1 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 1/3 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook might arise, such as financial burden, etc. The new owners could then ask the city council to release by resolution. **This is a Spot zoning request, as it is directly incompatible with the rest of the neighborhood. It does not fit into the residential character of the existing neighborhood. There is a 16 apt complex down the street but it utilizes the current RMF-24 zoning. I think this would be a better fit and limit it to one house and one ADU. The owner should be required to add 2 parking spaces for an adu in addition to the 2 spaces required for the house. The developer originally stated they would build 2 units on the lot. Currently the plan is for three houses divided into three separate parcels. This will limit parking spaces. They will have to utilize on -street parking on 13th St., currently there is a single-family home there. Are there any examples in South Fayetteville currently using the UN zoning for comparison? **This property is less than a mile from the Fire station, so that is not a problem, except the alley will be the main access used by emergency services. I have concerns as the 20 foot alley has to be kept clear from illegal parking. It's a gravel alley and rarely used. there is no doubt in my mind that Illegal parking will happen by visitors/owner/tenants, I have seen this happen on the next block to the south by a businesses on S. School Ave. ** Before the zoning change, I would like to request an emergency report by Fire, police and ambulance services to ensure services will not be impeded to this property by the use of the alley. I think it's important that they are consulted as to what the procedure is if the alley is blocked. I'd like to know if emergency services have already signed off on this. **I would like more clarification on the setbacks for Urban Neighborhood zoning. I'm still struggling to understand the setbacks, especially since it will be split into three lots. I see what it says, but don't understand what it mean for each individual lot: Front— A build -to zone that is located between the front property line and a line 25 feet from the front property line. ?? Side— 0 Feet ?? Rear— 5 feet ?? Rear— from the centerline of an alley, 12 feet **I would also ask that this item be tabled partly because of an error in lack of public notification. And partly for gathering more information by the neighbors and the developer to inform us, as outlined above. When I saw the agenda packet on June 18 1 realized that the developer had not sent me a letter. I knew I was supposed to get a letter but I didn't know the protocol as to when. I think it was a clerical error, but would like more time to have my concerns addressed. https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil iMW11 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 2/3 6/23/25, 2:05 PM Mail - Harrison, Gretchen - Outlook have talked to five neighbors and four neighbors did not receive letters until June 20th. I had asked Wes Bates about it and he was very unprofessional and extremely rude in his response. I then asked him to send me a letter. *Also, the sign was placed in the alley where neighbors cannot see it. Maybe since homes can now face an alley there should be an update made to requirements about posting signs. The four addresses that did not receive letters are 1207 S West, 1210 S West, 1227 S West and 424 W 13TH ST. That includes me. Thank you for your time, I plan on being at the meeting tonight. Kathy Kisida 1227 S West Ave https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yil iMWl1 LWQ3YzUOZjQ1 MzEzNQAQAGAcByR8CUBNkMBEcK8fgZM%... 3/3 6/24/25, 10:29 AM Mail - Harrison, Gretchen - Outlook Outlook FW: RZN-2025-0021, 1228 S West Ave. From Planning Shared <planning@fayetteville-ar.gov> Date Tue 6/24/2025 8:33 AM To Harrison, Gretchen <gharrison@fayetteville-ar.gov> Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 CITY OF WA FAYETTEVILLE ARKANSAS From: Buddy James <4playhobbies@gmail.com> Sent: Monday, June 23, 2025 2:26 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0021, 1228 S West Ave. 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. My name is James Keilbarth of 424 W 13th Street in Fayetteville , I've lived in this neighborhood for 12 years and would like to start by saying I'm very much for the new housing that's being proposed by Wes and Konrad with the exception of the "Spot Zoning" that's being presented. I've spoken with most of the neighbors and feel like it would not be beneficial to surrounding property owners due to the vague nature of UN rules and regulations. My property is the adjacent lot to the south of 1228 so the impact will be hitting close to home for me. My major concern is what the future owners of the properties will do and not so much what Wes and Konrads plan is to be clear. We are already zoned RMF-24 which is more than adequate to accommodate new infrastructure in our area. The alley in which you access the property is primarily used for emergency and foot traffic with little wiggle room. A gentleman built 16 condos on the property south of me without a rezone with no issues at all. I understand that the UN zoning will provide a larger monetary value for the property owners and I can't fault them for that, but I feel it's an overreach going as far as to rezone a 0.12 acre lot for the presented purpose. For that reason alone I am opposing the UN zoning and look forward to introducing new people to my neighborhood! Thank you for your time and understanding. sincerely , James K https://outlook.office.com/mail/AAMkADY3NjUwZjIwLTVmODAtNDk2Yi1 iMWl1 LWQ3YzUOZjQ1 MzEzNQAuAAAAAADmjRtrCgeFS6ahQgk7K9gXAQA... 1/1 Forth 0.55 media Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 523915 PO #: Matter of: ORD 6897 AFFIDAVIT • STATE OFARKANSAS ECEIVE 7/15/2025 CRY OF FAYETTEV►LLE CITY CLERK'S OFFICE I, Maria Hemandez-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 6897 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 $92.72. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 07120125, NWA nwaonlin&com 07120125 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 21st day of July, 2025 1 N ARY PUBLIC Ordinance: 6897 File Number: 2025-1060 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 21 FOR APPROXIMATELY 0.12 ACRES LOCATED EAST OF 1228 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO UN, URBAN NEIGH- BORHOOD, SUBJECT TO A BILL OFASSURANCE 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 RMF-24, Residential Multi -family, 24 Units Per Acre to UN, Urban Neighborhood, subject to the attached Bill of Assurance (Exhibit C). Section 2: That the City CDun- 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 July 15, 2025 Approved: Molly Hawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the CRY Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $92.72 July 20, 2025 523915