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HomeMy WebLinkAboutOrdinance 6933113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6933 File Number: 2025-2137 iiiiiiiiiiiiiiiiiiiiiillillillillI TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 11 13 2025 08:45AM I J. CREASON KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-31636 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-40 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 1414 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 RMF-24, Residential Multi -Family, 24 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: * {'ate—,._ 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 Page 1 RZN-2025-0040 1414 S WEST AVE Close Up View '4 I ) UN it 13TH -ST MCI Y k, II �, J[ II 1V tl II Subject Property n.`& �d. W opo 3u W `u L Z u »I I V I w Q 'ifli If,�' _ _ W 11 co h_ J I LLI ;-15TKST—�� ALVATION L Regional Link - Regional Link - High Activity Unclassified Alley Feet Residential Link Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1:2,400 RZN-2025-0040 EXHIBIT 'A' vG MSC ,J& NORTH Zone Current Proposed RI-U 0.0 0.2 RMF-24 0.2 0.0 Total 0.2 ac RZN-2025-0040 EXHIBIT'B' 1414 S. West Ave Legal Description Lot 8, Block 3, Wilson -Dunn Addition to the City of Fayetteville, Washington County, Arkansas, as recorded in Plat Book 1 at page 296. WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 13 2025 08:45AM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-31636 KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 4, 2025 CITY COUNCIL MEMO 2025-2137 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Wesley Frank, Planner SUBJECT: RZN-2025-0040: Rezoning (1414 S WEST AVEJ BRINK, 562): Submitted by ANDREW BRINK for property located at 1414 S. WEST AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 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 in south Fayetteville about 250 feet west of the S. School Avenue and W. 15th Street intersection. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and overall contains 0.23 acres. The property is developed with a single-family home that was built in 1962, per Washington County records. The property is in the 71-B Corridor Master Plan district. Request: The request is to rezone the property from RMF-24, 24 Residential Multi -Family, to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment at this time. Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses as it continues to allow for residential development. The subject property is located within a residential area, and RI- U has by -right residential allowances that are similar to the existing zoning. The by -right and conditional uses for both RI-U and RMF-24 are similar, maintaining much of the existing entitlements. RI-U requires smaller lot bulk and area requirements with less intensive setbacks while still maintaining an urban form, which is in keeping with the integrity of the area. The bulk and area requirements for RMF-24 are intended for different types of residential development with a focus on larger, multi -family buildings, which require more space for that development than what would be required of RI-U. A significant difference between the two are the density allowances with RI-U not having a prescribed maximum and RMF-24 allowing 24 units per acre. RI-U would also reduce building height allowances. Given that the proposed zoning district allows more contectually- scaled buildings than the current zoning and would not result in significant impact to neighboring properties, staff is in support of this rezoning request. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: The proposed zoning is consistent with the property's City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area, which is primarily residential in nature and supports a wide variety of housing types of appropriate scale and context. The RI-U zoning district would support this designation as it permits a diversity of residential housing types. The property has a eight appropriate infill attributes, indicating that it is a suitable location. The property is located within a Tier 2 node located at the S. School Avenue and W. 15th Street intersection. The proposed rezoning would notably adhere to City Goals #1 (appropriate infill), #3 (compact development), and #6 (attainable housing opportunities). Staff finds that a rezoning to RI-U would allow for development opportunities that would be in character with surrounding residential properties. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (6-inch main along the property to the west) • Near Water Main (6-inch main South West Avenue, 6-inch main along the property to the east) • Near Public School (Fayetteville High School) • Near City Park (Walker Park) • Near Paved Trail (Fayetteville Traverse Trail and Razorback Greenway) • Near ORT Bus Stop (School & 15th) • 71-B Corridor DISCUSSION: At the October 13, 2025 Planning Commission meeting, a vote of 8-0-1 forwarded the request to City Council with a recommendation of approval. Commissioner McGetrick motioned, and Commissioner Cabe seconded (Commissioner Brink recused). The Commissioners did not discuss the item. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Staff Review Form, 4. Exhibit A, 5. Exhibit B, 6. Planning Commission Staff Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-2137 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-40 FOR APPROXIMATELY 0.23 ACRES LOCATED AT 1414 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 RMF-24, Residential Multi -Family, 24 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 City of Fayetteville Staff Review Form 2025-2137 Item ID 11/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 10/17/2025 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2025-0040: Rezoning (1414 S WEST AVE./ BRINK, 562): Submitted by ANDREW BRINK for property located at 1414 S. WEST AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Planning Director FROM: Wesley Frank, Planner MEETING DATE: October 13, 2025 Updated w/ meeting results SUBJECT: RZN-2025-0040: Rezoning (1414 S WEST AVE./ BRINK, 562): Submitted by ANDREW BRINK for property located at 1414 S. WEST AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0040 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0040 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville about 250 feet west of the S. School Avenue and W. 15th Street intersection. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and overall contains 0.23 of an acre. The property is developed with a single-family home that was built in 1962, per Washington County records. The property is in the 71-B Corridor Master Plan district. 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 Undeveloped/Commercial MSC, Main Street Center West Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property from RMF-24, 24 Residential Multi -Family, to RI- U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment at this time. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The property's frontage South West Avenue, a residential link, is partially improved with asphalt paving and sidewalk on the west side of the street. Any street improvements required in these areas would be determined at the time of development proposal Water: Public water is available to the subject area. There is an existing 6-inch water main along the west frontage of the property along South West Avenue and an addition existing 6-inch water main along the east side of the property in the alley. Sewer: Sanitary sewer is available to the subject area. There is a 6-inch sewer main in the alley on the east side of the property. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 100 linear feet downstream of this property. Drainage: No portion of the property is within a FEMA floodplain, the Hillside -Hilltop Overlay District or includes a protected stream. Hydric soils are present and are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, RMF-24, Residential Multi -Family, 24 Units per Acre, requires 20% minimum canopy preservation. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 2 of 15 CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: 4 Minute Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (6-inch main along the property to the west) • Near Water Main (6-inch main South West Avenue, 6-inch main along the property to the east) Near Public School (Fayetteville High School) Near City Park (Walker Park) • Near Paved Trail (Fayetteville Traverse Trail and Razorback Greenway) • Near ORT Bus Stop (School & 15tn) 71-B Corridor 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 that the requested rezoning is compatible with surrounding land uses as it continues to allow for residential development. The subject property is located within a residential area, highlighting the compatibility RI-U as its by -right residential allowances are similar to the existing zoning. The by -right and conditional uses for both RI-U and RMF-24 are similar, maintaining the fabric of neighborhood. RI-U requires smaller lot bulk and area requirements with less intensive setbacks will still maintaining an urban form, which is in keeping with the integrity of the area. The bulk and area requirements of for RMF-24 are intended for different types of residential development, which require more space for that development than what would be required of RI-U. A significant difference between the two are the density allowances with RI-U at no maximums and RMF-24 with 24 units per acre. RI-U would also remove Use Unit 26 from the by -right permission while also reducing building height allowances. Given that the proposed zoning district is less demanding than the current zoning and would not result in significant impact to neighboring properties, staff is in support of this rezoning request. Land Use Plan Analysis: The proposed zoning is consistent with the property's City Plan 2040 Future Land Use Map designation as a Residential Neighborhood Area, which is primarily residential in nature and supports a wide variety of housing types of appropriate scale and context. The RI-U Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 3 of 15 zoning district would support this designation as it would allow for more residential opportunities. The property has a moderately high infill score of 8, which indicates that it is a suitable location for infill due to its close proximity to the City's prioritization points. The property is located within a Tier 2 city node located at the S. School Avenue and W. 15t" Street intersection. The proposed rezoning would allow a slight increase in development within an area while adhering to City Goals #1 (appropriate infill), #3 (compact development), and #6 (attainable housing opportunities). Staff finds that a rezoning to RI-U would allow for development opportunities that would be in character with surrounding residential properties 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that there is sufficient justification for rezoning the subject property from RMF-24 to RI-U. Staff finds that the proposed rezoning is compatible with surrounding properties and consistent with the City's future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RMF-24 to RI-U could increase traffic in the area, but only minimally as the size of the property is small, capping 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: The proposed rezoning has the potential to slightly alter the population density since it would allow for more intense residential development. However, the property currently has access to public streets, water, and sewers, and any necessary improvements would be determined at the time of development. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2025-0040 to City Council with a recommendation of approval. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 4 of 15 PLANNING COMMISSION ACTION: Required YES Date: October 13, 2025 O Tabled O Forwarded Motion: Payne Second: Cabe Vote: 8-0-0 (Brink recused himself) BUDGET/STAFF IMPACT: None O Denied ATTACHMENTS: • Unified Development Code o §161.16 District RMF-24, Residential Multi -Family- Twenty -Four (24) Units Per Acre o §161.12 District RI-U, Residential Intermediate — Urban • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Request Letter Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 5 of 15 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 1 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 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two 2 family 35 feet Three 3 family or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 6 of 15 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 13,000 square feet (E) Setback Requirements. Front Side Side Rear Rear Other Single & Other 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 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. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 7 of 15 (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21; Ord. No. 6658, §6(Exh. E), 5-2-23) Editor's note(s)-Ord. No. 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-2025-0040 (BRINK) Paqe 8 of 15 161.12 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 1 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 Side Rear Rear, Other Single & Other from Uses Two (2) Uses centerline Family of an alley 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. Planning Commission October 13, 2025 RZN-2025-0040 (BRINK) Paqe 9 of 15 (F) Building Height Regulations. 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-2025-0040 (BRINK) Paqe 10 of 15 RZN-2025-0040 1414 S WEST AVE One Mile View MARTIN LUwR 0 0.13 0.25 0.5 Miles KING JR,BLVD t — O �. C-t Subject Property Y_2 ORTH I � 19TH,ST 1 IC ♦` \ RMF-24 RPZD 1---CATO SPRINGS RD i RSF-4 Regional Link - - - Neighborhood Link Regional Link - High Activity Urban Center — Unclassified r- -Alley-- - Residential Link Planned Neighborhood Link ❑ — — Shared Use Paved Trail — Trail (Proposed) i r _ Design Overlay District Y I Fayetteville City Limits Planning Area Planning Area Fayetteville City Limits ---- anninq Commission SelOetober 22, 2025 RZN-2025-0040 (OSAS [QRE KODAiUjBBIGN) Paqe 11 of 15 RZN-2025-0040 Close Up View w Q z z c i W a z z D 0 Regional Link Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits 1414 S WEST AVE 13TH-ST UC 1 Subject Property Proposet' RI-U 0 w � a } w LJ J —15TH STD LJ VATION LN Feet 0 75 150 300 450 600 1:2,400 vc AL' NORTH Zone Current Proposed RI-U 0.0 0.2 RMF-24 0.2 0.0 Total 0.2 ac Sepetober 22, 2025 RZN-2025-0040 (OSAGEI(DlRffEK0D4I6jBB109) Paqe 12 of 15 Selaetober 22, 2025 RZN-2025-0040 (OSAa3JZI(DRffEK(ID4I6jBEIG6) Paqe 13 of 15 RZN-2025-0040 1414 S WEST AVE Future Land Use NORTH Civic Institutional Air MARTIN LUTHER I A KING JRtBLVD I City Neighborhood I Subject Property ■I II Civic and Private All, Id Open Space - - — 15�H*ST � r 9L; % Industrial I Natural Non -Municipal Government _ Rural Q � Residential _O Residential Neighborhood Regional Link City Neighborhood Neighborhood Link Civic Institutional Regional Link - High Activity Urban center Civic and Private Open Space - Unclassified Industrial - Alley Feet Natural - Residential Link Planned Neighborhood Link Non -Municipal Government 1 Planning Area 0 305 610 1,220 1,830 2,440 Residential Neighborhood _i Fayetteville City Limits Rural Residential Trail (Proposed) 1:10,000 Design Overlay District 0 Urban Center Sepetober 22, 2025 RZN-2025-0040 (OSAa3JZI(DRffEK0ID4I6jBEI06) Paqe 14 of 15 OSAGE CREEK CATTLE CO. August 6, 2025 RE: Request for Rezone from RMF-24 to RI-U Dear Planning Commission and City Council, On behalf of Osage Creek Cattle Company, I am requesting to rezone the property at 1414 S. West Avenue from RMF-24 to RI-U. A rezone to RI-U presents the opportunity to provide additional housing in Fayetteville through the production of missing middle housing. RI-U will help facilitate the splitting of the lot to create two lots; one that faces West Avenue and one t- at faces the alley. My intention is NOT to demolish the existing house, but rather complete necessary repairs and maintenance. RI-U is compatible with surrounding land uses due to the residential only by -right uses. Furthermore, Ri- U removes the by -right use for multifamily. As such, I do not bel eve that RI-U will adversely impact or conflict with the existing surrounding land uses. A comparison of the permitted uses are below: Unit EXISTING RMF-24 Allowed Unit PROPOSED RI-U Allowed 1 City-wide uses byright 1 City-wide uses by right 8 Single Family 8 Single Family 9 Two Family 9 Two Family 10 Three and Four Family 10 Three and Four Family 26 Multifamily 41 Accessory Dwellings 41 Accessory Dwellings 44 Cluster Housing 44 Cluster Housing 46 STR 46 STR Sincerely, Andrew C. Brink Planning Commission Sepetober 22, 2025 RZN-2025-0040 (OSAGE1(DlRffEKOD4I6jBB109) Paqe 15 of 15 Form 0.55 N XA 1 A. fiimLa Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 553905 PO #: Matter of: ORD 6933 AFFIDAVIT • STATE OF ARKANSAS R1ECEIVE 11/12/2025 CRY OF FAYETTEVILLE CITY CLERK'S 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 6933 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 State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this loth day of November, 2025 ���uinuirrrri < = PUB\JG NO UBLIC Ordinance: 6933 File Number: 2025-2137 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 4E FOR APPROXIMATELY 0.23 ACRES LOCATED AT 1414 SOUTH WEST AVENUE IN WARD 1 FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RI-U, RESIDENTIAL IN- TERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo RMF-24, Residential Multi -Fam- ily, 24 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 1. PASSED and APPROVED on November 4, 2025 Approved: Molly Rawn, Mayor Attest: 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 553905