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HomeMy WebLinkAboutOrdinance 6932113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6932 File Number: 2025-2130 iiiiiiiiiiiiiiiiiiiiiillillillillI TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 11 13 2025 08:44AM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-31635 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-45 FOR APPROXIMATELY 0.70 ACRES LOCATED AT 234 SOUTH WILLOW AVENUE IN WARD 1 FROM RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo RSF-8, Residential Single -Family, 8 Units Per Acre to RI-U, Residential Intermediate - Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on November 4, 2025 Approved: Molly Rawn, Mayor Attest: `2�.(, c�•.���i 3� • •mom Kara Paxton, City Clerk Treasurer FAYETTEviLLE:;0= ���9d;� .KANW This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $88.16 Page 1 RZN-2025-0045 234 S. WILLOW AVE RZN-2025-0045 Close up view I EXHIBIT W qqyII I e ROCK-STT w J � L OYI f 111 Ili LU a z 0 c� _z C0 9 14' �r i Ri II vt rS rho ry $ I� � 4>�- � r�°� ��y°� 4•f r� r i� —i ROCK-ST- UN Subject Property ' F raa/;•< 2, >' LU . 0 ,C ,`fie' •,r✓ f _Ja Propo d wA K' ER•RO ya` Urban Center Unclassified Alley Residential Link Hillside -Hilltop Overlay District Feet I ---I Design Overlay District 0 75 150 300 450 600 — — Planning Area _ Z. Fayetteville City Limits 1 .2,400 RSF-4 NORTH, Zone Current Proposed RI-U 0.0 0.7 RMF-24 0.0 0.0 RSF-8 0.7 0.0 Total 0.7 ac WODYSSEY NGINEERING RZN-2025-0037 EXHIBIT'B' 765-06406-000 Lots eight (8) and nine (9), Block one (1) of Hills Addition to the City of Fayetteville, Arkansas, as shown on the recorded plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. Subject to easements, rights -of -way, and protective covenants of record. Subject to all prior mineral reservations and oil and gas leases, if any. 765-06407-000 Lot 10, Block 1, Hill Addition to the City of Fayetteville, Arkansas, as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 112025 08:44AM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-31635 KYLE SYLVESTER. CIRCUIT CLERK © 479.480.3330 OdysseyNWA.com 124 Grant Place, Suite E, Lowell, AR 72745 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 4, 2025 CITY COUNCIL MEMO 2025-2130 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Donna Wonsower, Senior Planner SUBJECT: RZN-2025-0045: Rezoning (234 S. WILLOW AVE/BLACKBURN, 524): Submitted by ODYSSEY ENGINEERING LLC for property located at 234 S. WILLOW AVE in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is comprised of two parcels (0.70 acres) located at the northeast corner of the intersection of S. Willow Ave. and S. Walker Rd. The property is zoned RSF-8, Residential Single -Family, 8 Units per Acre. The southern parcel is developed with an 864-square-foot single family house constructed in 1905 per the Washington County Assessor. The subject area is fully located within the Hillside Hilltop Overlay District and is within the Historic Black Community of Southeast Fayetteville, which recently completed a historic context statement further described in the long-range planning memo. Request: The request is to rezone the subject property from RSF-8, Residential Single -Family, 8 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: One member of the public stated opposition to the request, citing the historic nature of the neighborhood, inadequate infrastructure, drainage, and inability to support additional density. Land Use Compatibility: The subject property is surrounded by primarily undeveloped land to the north and east, with single-family dwellings to the south and west. Nonresidential services are present throughout the area, including the Yvonne Richardson Community Center, public parks, cemeteries, and churches. Staff finds the proposed RI-U rezoning compatible with surrounding uses. RI-U permits a mix of low -intensity residential types, including up to four -unit buildings, with a minimum lot width of 18 feet. RI-U permits missing middle housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. RI-U would also require a 0'-25' build -to zone, which aligns with historic development patterns. Additionally, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Long -Range Planning staff note that development on this parcel could adversely impact a historic -age property via the potential, future demolition of an identified historic structure tied to the Historic Black Community of Southeast Fayetteville. While the city does not have any regulations pertaining to the demolition of historic structures, Long -Range Planning requests that the property owner and/or applicant consult with their division prior to demolition or alteration of historic structures in order to capture photo documentation of the existing building. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property's Future Land Use Map designation as Residential Neighborhood Area. While surrounding housing is currently primarily single- family dwellings, the area is largely zoned to permit up to multifamily dwellings and could include attached residential housing by -right. The RI-U zoning district would bring the property's zoning into closer alignment with surrounding permitted uses. The property has a relatively high infill score of 8, indicating it is a suitable location for infill development. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes and nonresidential services. CITY PLAN 2040 INFILL 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: 1. Adequate Fire Response (Station 1, 303 W. Center St.) 2. Near Water Main (6-inch main, S. Willow Ave.) 3. Near Sewer Main (8-inch main, S. Willow Ave.) 4. Near City Park (Ralph "Buddy" Hayes Park) 5. Near Paved Trail (Marked Shared Roadway on S. Willow Ave.) 6. Near ORT Bus Stop (On property, S. Willow Ave. and S. Walker Rd.) 7. Near Razorback Bus Stop (Route 17 Peak, Downtown Square) 8. Sufficient Intersection Density DISCUSSION: At the October 13, 2025 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Cabe motioned, and Commissioner Werner seconded. The applicant noted an intent to build small lot single-family cottages. Commissioner Cabe noted the lot is under- developed and that it is a suitable location for infill. Commissioner Madden questioned the determination of the existing structure's age but acknowledged that staff has limited resources to investigate. No members of the public spoke at the meeting and there was no other discussion. BUDGET/STAFF IMPACT: NA ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. 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 #: 2025-2130 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-45 FOR APPROXIMATELY 0.70 ACRES LOCATED AT 234 SOUTH WILLOW AVENUE IN WARD 1 FROM RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo RSF-8, Residential Single -Family, 8 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-2130 Item ID 11/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/17/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2025-0045: Rezoning (234 S. WILLOW AVE/BLACKBURN, 524): Submitted by ODYSSEY ENGINEERING LLC for property located at 234 S. WILLOW AVE in WARD 1. The property is zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE- URBAN. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ftw ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Donna Wonsower, Senior Planner MEETING DATE: October 13, 2025 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2025-0045: Rezoning (234 S. WILLOW AVE/BLACKBURN, 524): Submitted by ODYSSEY ENGINEERING LLC for property located at 234 S. WILLOW AVE. The property is zoned RSF-8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0045 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `9 move to forward RZN-2025-0045 to the City Council with a recommendation of approval. " BACKGROUND: The subject property is comprised of two parcels (0.70 acres) located at the northeast corner of the intersection of S. Willow Ave. and S. Walker Rd. The property is zoned RSF-8, Residential Single -Family, 8 Units per Acre. The southern parcel is developed with an 864-square-foot single family house constructed in 1905 per the Washington County Assessor. The subject area is fully located within the Hillside Hilltop Overlay District and is within the Historic Black Community of Southeast Fayetteville, which recently completed a historic context statement further described in the long-range planning memo. 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 RSF-8, Residential Single -Family, 8 Units per Acre RMF-24, Residential Multi -Family, 24 Units per Acre East Undeveloped RMF-24, Residential Multi -Family, 24 Units per Acre West Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the subject property from RSF-8, Residential Single -Family, 8 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: One member of the public stated opposition to the request, citing the historic nature of the neighborhood, inadequate infrastructure, drainage, and inability to support additional density. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 1 of 19 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property has frontage along S. Willow Ave. and S. Walker Rd, both residential links, which are partially improved with asphalt paving. S. Willow Ave. has curb and gutter, and S. Walker Rd. has open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. Existing 6-inch water main is present along S. Willow Ave. and existing 1-inch water main is present along S. Walker Rd. Sewer: Sanitary sewer is available to the subject property. Existing 8-inch sewer main is present along S. Willow Ave. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 1,430 linear feet downstream of this property.. Drainage: No portion of the property lies within a FEMA floodplain and no protected streams or hydric soils are present on site. A portion of the property lies within the Hillside Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, RSF-8, Residential Single -Family, 8 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. 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. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 2 of 19 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 11. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Water Main (6-inch main, S. Willow Ave.) • Near Sewer Main (8-inch main, S. Willow Ave.) • Near City Park (Ralph "Buddy" Hayes Park) • Near Paved Trail (Marked Shared Roadway on S. Willow Ave.) • Near ORT Bus Stop (On property, S. Willow Ave. and S. Walker Rd.) • Near Razorback Bus Stop (Route 17 Peak, Downtown Square) • Sufficient Intersection Density 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 subject property is surrounded by primarily undeveloped land to the north and east, with single-family dwellings to the south and west. Nonresidential services are present throughout the area, including the Yvonne Richardson Community Center, public parks, cemeteries, and churches. Staff finds the proposed RI-U rezoning compatible with surrounding uses. RI-U permits a mix of low -intensity residential types, including up to four -unit buildings, with a minimum lot width of 18 feet. RI-U permits missing middle housing types with smaller lot size requirements, encouraging compatible infill development without disrupting neighborhood scale. RI-U would also require a 0'-25' build -to zone, which aligns with historic development patterns. Additionally, staff finds that parking, drainage, tree preservation and other requirements will likely limit the development potential of the parcel. Long-range planning notes that development on this parcel could adversely impact a historic -age property via the future demolition of an identified historic structure tied to the Historic Black Community of Southeast Fayetteville. While the city does not have any regulations pertaining to the demolition of historic structures, long-range planning requests that the property owner and/or applicant consult with their division prior to demolition or alteration of historic structures in order to capture photo documentation of the existing building. Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the property's Future Land Use Map designation as Residential Neighborhood Area. While surrounding housing is currently primarily single-family dwellings, the area is largely zoned to permit up to multifamily dwellings and could include this kind of development by right. The RI-U zoning district would bring the property's zoning into closer alignment with surrounding permitted uses. The property has a relatively high infill score of 8 with a weighted score of 11, indicating it is a suitable location for infill development. Infill in this area could help support Goals 1 and 3 by promoting moderate infill in an area that is highly walkable and near transit routes and nonresidential services. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 3 of 19 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 create permit the development of "several cottage style homes." Staff finds that the parcel could be developed with up to 5 dwelling units by right under the existing zoning. A rezoning to RI-U could likely permit a slightly higher number of units in a missing middle style when subdivided onto individual lots, potentially enabling homeownership of smaller, more attainable dwelling units in an area of town with a relatively high concentration of services and amenities. 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 RI-U is not likely to create or appreciably increase traffic danger and congestion since the subject property is relatively small and includes frontage on multiple streets in an area of time with a relatively high intersection density. 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 RSF-8 to RI-U has the potential to alter the population density when considering that RI-U has no set density limitation. However, given the presence of existing public infrastructure, the small size of the property, and proximity to nonresidential services such as community centers, churches, and the downtown at large, staff finds that the proposed rezoning is not likely to increase the load on public services to an undesirable degree. While there are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 1,430 linear feet downstream of this property, the small size of the property is also likely to naturally limit the development capacity of the parcel. 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 Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 4 of 19 RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0045 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Date: October 13, 2025 O Tabled Required YES O Forwarded O Denied Motion: CABE "I move to forward RZN-2025-0045 to the City Council with a recommendation of approval." Second: WERNER Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre o §161.12 District RI-U Residential Intermediate -Urban • Project Maps • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Long -Range Planning Memo • Request Letter Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 5 of 19 161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. By Right Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two 2 family 50 feet Townhouse, no more than two 2 attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 6 of 19 Townhouse, no more than 2,500 square feet two (2) attached (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then the area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (Ord. No. 4783, 10-18-05; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6888, §1, adopted June 17, 2025 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause), Ordinance 6710 (extending the Sunset Clause), and Ordinance 6820 (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 November 30, 2025 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 October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 7 of 19 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Rear Rear, from Uses Single & Other centerline Two (2) Uses of an alley Family A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 8 of 19 Building height maximum 12 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right- of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 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 October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 9 of 19 RZN-2025-0045 One Mile View P1 EL MAR TINIL THE Neighborhood Link Regional Link - High Activity Urban Center — Unclassified — Alley — Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits iPlanning Area 234 S. WILLOW AVE I L A W. a I I ON =MM logo RIM a ME, Lad. Subject Property 0 Pla<Limits Fayg RSF-8 *-.1. ■ RPZD ORTH October 13, 2025 RZN-2025-0045 (BLACKBURN) Page 10 of 19 RZN-2025-0045 234 S. WILLOW AVE Close Up View z 0 W _z P-1 2Q y ROCK-ST ROCKST w RI-u J ■ J_ UN �O N LIJ RSF-4 Q Subject Property -24 W a 3 0 J Propo d Rl- S O DG WALKERRD Q� z �P z Q \ O� �F � V y"99 I NC 4TH�ST O NORTH Urban Center Zone Current Proposed Unclassified RI-U 0.0 0.7 Alley RMF-24 0.0 0.0 Residential Link RSF-8 0.7 0.0 Hillside -Hilltop Overlay District Feet I —I Design Overlay District Planning Area 0 75 150 300 450 600 _ ! Fayetteville City Limits 1 .2,400 Total 0.7 ac Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 11 of 19 RZN-2025-0045 234 S. WILLOW AVE ,. Current-Wil q vpp II° a 5's � M 0 _ -_ 4 • • - [77 I � Jim Single -Family Residential ,w - r Zone AE - , — Urban center FEMA Flood Hazard Data Unclassified Alley 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) _ ? Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits :3,6�0 r I Design Overlay District anninq Uommission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 12 of 19 — CITY OF FAYETTEVILLE ARKANSAS TO: Donna Wonsower, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: October 13, 2025 STAFF MEMO SUBJECT: Long Range Planning Comments Regarding RZN-2025-0045 RECOMMENDATION: Advisory Only: Property owner and/or applicant should consult with Long Range & Preservation Planner prior to demolition or alteration of historic structures to capture photo documentation. Documentation of historic resources is an effective way to mitigate against the loss of historic structures when regulatory tools are not available. BACKGROUND: The applicant requests to rezone approximately 0.67 acres, from RSF-8, Residential Single Family, Eight Units Per Acre to RI-U, Residential Intermediate -Urban Neighborhood. The applicant states the purpose of this zoning change is to facilitate the construction of "several cottage style homes," which would adversely impact a historic -age property via the future demolition of an identified historic structure. Three long range planning documents are relevant when evaluating this request: City Plan 2040, the Heritage & Historic Preservation Plan, and the Historic Black Community of Southeast Fayetteville Historic Context Statement. City Plan 2040 (2020): Although the City does not have a demolition review ordinance in place currently, it is important to review and acknowledge the proposal's impact on historic properties as part of the City Plan 2040 objectives that may be considered with the zoning request: • 3.1.6 — Encourage historic preservation and adaptive reuse of buildings (p.24) • 3.1.7 — Encourage protection of community character in established neighborhoods (p.25) • 3.6.1 - Increase housing choices by encouraging a mixture of housing types and sizes dispersed throughout the city and in proximity to transit and active transportation networks. (p.44) Heritage & Historic Preservation Plan (2023): The City's Heritage & Historic Preservation Plan was initiated by City Plan 2040. Heritage and Historic Preservation Master Plan Relevant Goals and Action Items 1.9 Plan Review Include historic preservation staff in review of proposed major projects and zoning changes to determine impacts to historic resources. 1.10 Demolition Pass an ordinance to allow for the review of proposed demolitions for resources Ordinance forty-five years or older. Staff to evaluate each property for significance. Work with property owner to discourage demolition. Reviews should be taken up by HDC as needed. 4.9 Community Publish information about historic preservation reviews and demolitions of Engagement: historic properties to increase transparency. Transparent Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 13 of 19 Historic Black Community of Southeast Fayetteville Historic Context Statement (2025): The subject property is within an area settled by Black families after emancipation. The presence of Spout Spring Branch, or "the Branch," made the area prone to flooding, and the steep terrain made building difficult. Since the lots weren't ideal for building, they were more affordable to Black families who were largely limited to low wage employment in Fayetteville. The terrain also impacted where and how residents constructed their homes, and the relatively flat Willow Avenue became the community's main street. Many homes were constructed close to the street with sloping back yards, and maps showed that land was divided into "irregularly shaped lots of varying sizes" (p. 28). The community was inherently mixed use, as residences, churches, schools, and small businesses dotted the landscape. Three properties were listed in The Green Book, one of which is still standing. The Green Book was a guidebook for African American travelers in the US. It was founded by Victor Hugo Green, an African American postal worker from New York City, and was published annually from 1936 to 1966. Additionally, the zoning history of the neighborhood merits consideration with this request. The 1945 "A Master City Plan and Public Works Program for Fayetteville, Arkansas", sponsored jointly by the Fayetteville Chamber of Commerce and Fayetteville City Council, called for the construction of U.S. Highway 71 through the neighborhood, following Willow Ave. and Spring Branch to the intersection of Maple and Mission. Part of the justification for the route was that "It would afford an opportunity to build roadside parks and parking area in what is now sub -standard housing districts.", and that "The highway would not pass by important public buildings such as schools, hospitals, etc." The historic St. James Methodist and Missionary Baptist churches as well as the Lincoln School, the segregated elementary school, were all on the proposed highway route. While many of the projects proposed in the 1945 plan did not come to fruition, the neighborhood was subjected to many of the proposals of the 1968 "Program for Community Renewal" written by consulting planner James Vizzier. Like many N NEIGHBORHOOD Y P A R I, te u W i urban renewal plans of the mid-20th century, the plan was paid for in part by a grant from the federal Urban Renewal Map showing proposed route of Hwy. Administration under the Housing Act of 1954. The plan 71. 1945 Master City Plan, pg. 41. noted that Fayetteville's "general plan should be updated and expanded to include plans for community renewal.", and further explained that, "...about 65% of the housing supply (in the city) might be susceptible to blight... Most of these improvements are in older neighborhoods where the units that must be cleared are deficient or dilapidated rather than sound." Vizzier counted 1,327 families to be displaced by public improvements for University expansion, street construction, hospitals or schools and playgrounds, while at the same time noting an imbalance between the cost of housing and family income. He laid out an ambitious and costly ($47,615,400 in 1968 dollars) plan for urban renewal in Fayetteville, most of which was never accomplished. One of the significant outcomes of Vizzier's recommendations, however, was Fayetteville's zoning ordinance in 1970. Vizzier had criticized the city's zoning as being based "primarily on existing land use instead of the future land use plan. And second, it does not recognize the need for raising the standards for land use in older areas. Upgrading and renewal of older areas are not provided for in the document (referring to the city's comprehensive plan). The rules do not provide for large scale Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 14 of 19 developments such as renewal projects. On October 18, 1968 the City Council passed Resolution No. 33-68 approving the undertaking of an Urban Renewal Plan, which included the subject property and surrounding neighborhood. Ultimately some houses were repaired, but others were razed with the occupants moved into the new Willow Heights apartments which were constructed atop the former site of the Lincoln School. Ordinance 1747 approved on June 29, 1970 enacted a new zoning map and set of districts and zoning requirements for the city. While the black and white scan of the ordinance map is difficult to read, a full -color version dated with the ordinance and signed by the Mayor shows the subject property and surrounding neighborhood as being zoned into the medium - density "R-2" zoning district, which was subsequently translated to "RMF-24" with the adoption of the city's Unified Development Code. DISCUSSION: From a historic perspective, the request is appropriate as RI-U would provide options for detached and attached dwellings in scale with single-family homes and require a 0'-25' build -to zone, which aligns with historic patterns. However, the proposal would result in the loss of an identified historic structure associated with Fayetteville's historic and living Black community. Property History. The property contains a single-family dwelling constructed ca. 1905, according to the County Assessors Records. This historic -age house is an example of gable -front, rectangular form. Gable front houses were a dominant folk house form during the late 19t" and early 20t" century and are very typical of the historic Black neighborhood in southeast Fayetteville. Individually, the property is unlikely to be eligible for state or National Register of Historic Places listing based on architectural significance alone, however it is significant in the context of a historic district as discussed in the Historic Black Community of Southeast Fayetteville Historic Context Statement. Looking southeast. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 15 of 19 ATTACHMENTS: Though the property lines aren't clearly aligned with the photo, the existing house is visible near the bottom left portion of the rectangle in this aerial photo from 1926. Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 16 of 19 WODYSSEY NGINEERING City of Fayetteville Planning Division 125 W. Mountain Street Fayetteville, AR 72701 Re: Rezoning Request — Parcels 765-06407-000 and 765-06406-000 To Whom It May Concern, On behalf of the property owners, we respectfully request the rezoning of parcels 765-06407-000 and 765- 06406-000, located in Fayetteville, Arkansas. The property is currently zoned RSF-8 (Residential Single -Family, 8 units per acre) and is designated as "Residential Neighborhood" on the City's Future Land Use Map. A portion of the property is also located within the Hillside -Hilltop Overlay District (HHOD). We are requesting to rezone the property to RI-U (Residential Intermediate —Urban) to allow for the development of several cottage -style homes in a neighborhood setting. This rezoning is consistent with the intent of the Residential Neighborhood land use designation, which supports a mix of housing types, including small -lot single-family and cottage housing, at compatible scales. The proposed RI-U zoning will: • Provide a variety of housing options within walking and biking distance of surrounding neighborhoods. • Encourage efficient use of existing infrastructure and public services. • Support the City's goals of fostering compact, context -sensitive development. • Respect the hillside overlay standards by carefully designing and siting homes to minimize environmental impacts. We believe this rezoning aligns with the City's long-range planning goals and will enhance the character and livability of the surrounding neighborhood. Thank you for your consideration of this request. Please let us know if any additional information or materials are needed to support this application. © 479.480.3330 OdysseyNWA.com 0 ion 124 Grant Place, Suite E, LoweI�, 9W%wt025 N-2025-0045 (BLACKBURN) Page 17 of 19 Wonsower, Donna From: Planning Shared Sent: Wednesday, October 8, 2025 12:38 PM To: Wonsower, Donna Subject: FW: RZN-2025-0045 234 S. Willow St Follow Up Flag: Follow up Flag Status: Flagged Foryou Thankyou Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 -I- - --- FAY ETT AIL R 4 A 4 5 A 5 From: esyule gamache <esyule@yahoo.com> Sent: Wednesday, October 8, 2025 10:23 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2025-0045 234 S. Willow St 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 Sirs: I saw the sign on 234 S. Willow Street proposing to change the existing zoning of RSF-8 to RI-U and object as a neighbor and home owner in this area for the following reasons: * This is a historic area, an established old neighborhood and should be treated as such and allow building single family homes that blend in and following existing zoning codes. *The existing zoning will allow 5 single family units I believe and that is all that this spot can afford comfortably which means removing the one home and making it 5. That seems sufficient even though it will be a tight fit. * The infrastructure in the area can only afford the building allowed with RSF-8. *This property is now mostly field and woodland around the single two story home that is presently on this land, and already the flooding that comes down Willow is a serious situation. The more coverage on this property will equal more water flowing down S. Willow, across E. Huntsville road carrying debris and flooding the lower properties. The drains do NOT accommodate the water now. * The road allows parking on the opposite side of Willow now. It makes the road only one lane wide. Just this morning, the school bus could not come down the street as a car was coming up Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Pace 18 of 19 Willow toward Rock. This area can not accommodate any more street parking and presently presents a safety hazard. Please do not approve of this request to change the zoning, as submitted presently by Odyssey Engineering LLC (and in the future by other groups wanting to overbuild this hilly historic area). Thank you, Louise Gamache 311 E Huntsville Rd (I am 4 houses away from proposed change) Planning Commission October 13, 2025 RZN-2025-0045 (BLACKBURN) Paqe 19 of 19 Forth 0.55 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 553904 PO #: Matter of ORD 6932 AFFIDAVIT • STATE OFARKANSAS ECEIVE 11/12/2025 CITY OF FAYETTEVN.LE CITY CLERIC$ OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in 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 6932 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 $88.16. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 11109125, NWA nwaonline.com 11109125 ist/ s.. K jf ;rn State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this loth day of \\��uni uirrrrr� G.l B RASH' //. 203?-fi� _� :} �OTAR y Q November, 2025 = r" PUB� \C' o; 2 Co U�N1�I NO PUBLIC Ordinance: 6932 File Number:2025-2130 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 45 FOR APPROXIMATELY 0.70 ACRES LOCATED AT 234 SOUTH WILLOW AVENUE IN WARD 1 FROM RSF-8, RESIDENTIAL SIN- GLE-FAMILY, 8 UNITS PER ACRE TO RI-U, RESIDENTIAL INTER- MEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map (Exhibit A) and the legal description (Ex- hibit B) both attached to the Planning Department's Agenda Memo RSF-8, Residential Sin- gle -Family, 8 Units Per Acre to RI-U, Residential Intermediate - Urban. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on November 4, 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: $ 88.16 November 9, 2025 553904