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HomeMy WebLinkAboutOrdinance 6935113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6935 File Number: 2025-2141 11111111111111111111111111111111111111 TYPE: LAND RECORDS FEE: $25.00 1 OF 3 REC: 11 13 2025 08:48AM I B. REID KIND: ORDINANCE WASHINGTON COUNTY, AR KYLE SYLVESTER, CIRCUIT CLERK FILE NO: 2025-31645 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-44 FOR APPROXIMATELY 0.52 ACRES LOCATED AT 1229 NORTH LEWIS AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD 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-4, Residential Single -Family, 4 Units Per Acre to UN, Urban Neighborhood. 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: g1111gill l K/��i� Off` •5�� Kara Paxton, City Clerk TreasurerU: FAYETTEVILLE;10= This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $88.16 Page 1 RZN-2025-0044 Close Up View HOLLY-S _J a H rJ7 Regional Link Alley Residential Link Hillside -Hilltop Overlay District Trail(Proposed) 1 Planning Area Fayetteville City Limits 1229 N. LEWIS AVE RZN-2025-0044 EXHIBIT 'A' R-0 HEFLEY•ST L-AWSON ST Subject Property UN CEDAR-ST RtiE-4 0 D 74 0 CREEKMORE DR W lco L Q M G. 0��� ego M ALLEY•1861 ZJ� < v X NORTH Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed R-O 0.0 0.0 RSF-4 0.4 0.0 UN 0.0 0.4 Total 0.4 ac RZN-2025-0044 Exhibit'B' LEGAL DESCRIPTION (PARCEL NO. 765-13812-000 WASHINGTON COUNTY INSTRUMENT 2025-00008466 A PART OF THE NORTH 1 /2 OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 492 FEET SOUTH OF THE NORTHEAST CORNER OF SAID 20-ACRE TRACT, AND RUNNING THENCE SOUTH 108 FEET; THENCE WEST 210 FEET; THENCE NORTH 108 FEET; THENCE EAST 210 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.52 ACRE, MORE OR LESS. ALSO DESCRIBED AS A PART OF THE NORTH 1 /2 OF THE SOUTHEAST 1 /4 OF THE NORTHWEST 1 /4 OF SECTION 8, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS SOUTH 00014'37" WEST 495.96 FEET FROM THE NORTHEAST CORNER OF SAID NORTH 1 /2 AND RUNNING THENCE SOUTH 00014'37" WEST 108.00 FEET; THENCE SOUTH 89°49'58" WEST 210.45 FEET; THENCE NORTH 00001'30" EAST 108.00 FEET; THENCE NORTH 89°50'00" EAST 210.87 FEET TO THE POINT OF BEGINNING, CONTAINING 0.052 ACRES, MORE OR LESS, AS SHOWN IN SURVEY BY BATES & ASSOCIATES, INC., DATED 11 /29/2010, FILED IN/AS LAND DOCUMENT NO. 2010-38495. WASHINGTON COUNTY, AR I CERTIFY THIS INSTRUMENT WAS FILED ON 11 13 2025 08:48AM AND RECORDED IN REAL ESTATE FILE NUMBER 2025-31645 KYLE SYLVESTER, CIRCUIT CLERK CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 4, 2025 CITY COUNCIL MEMO 2025-2141 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-2025-0044: Rezoning (1229 N. LEWIS AVE/FINLEY, 403): Submitted by HOPE CONSULTING for property located at 1229 N. LEWIS AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 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 is in west Fayetteville at the corner of W. Holly Street and N. Lewis Avenue and 570 feet north of the N. Lewis Avenue and W. Wedington Drive intersection. The property contains 0.52 acres which is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre and developed with a single-family home that Washington County records indicate was built in 1926. Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, 4 Units per Acre to UN, Urban Neighborhood. Public Comment: Staff has not received any public comment on this in item. Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to UN to be compatible with the surrounding land uses. The uses permitted by right in UN, which include all types of dwellings as well as some commercial uses such as small- and medium -scale business, offices, and eating places, are compatible with the existing land uses in this area. The diverse uses allowed in UN are intended to support and compliment both commercial and residential zoning districts. Both residential and non-residential zoning districts are in the area, which include a radio station, a park, and school. Staff finds the addition of limited commercial on a corner lot could be a benefit to the existing residents and that the small size of the lot with a zoning height maximum of three -stories would likely mitigate negative impacts that could result from larger commercial development. Uses allowed conditionally in UN, including hotels, neighboring shopping, and small-scale production, may be suitable at this site, though any proposed conditional use would be contingent on Planning Commission approval. When compared to the site's current zoning of RSF-4, UN would allow for a increase in residential density as there is no prescribed density maximums and narrower lots than the current zoning (12 feet against 70 feet). However, the small property size paired with design standards related to parking and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 access would likely act as a natural limitation while introducing and encouraging diverse residential options. The urban form setback standards of UN would additionally benefit the area as this compliments City's goal of a walkable urban area. Staff finds that the residential allowances and limited nonresidential uses introduced would support the area and have limited negative impacts. The property contains a single-family dwelling constructed in 1926, according to the County Assessors Records. However, aerial maps of the area indicate that the building may have been constructed later, sometime between 1956 and 1965. This dwelling represents an early- to mid -twentieth century vernacular residence, with prominent native stone chimney on the fagade. Individually, the property is unlikely to be eligible for state or National Register of Historic Places listing based on architectural significance alone, as modifications over the years have negatively impacted its integrity of design and materials. City Staff requests that the property owner and/or applicant consult with the City's 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. 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 encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. The UN zoning district would allow for a mixture of residential densities that are urban in form. If the property were to be redeveloped or subdivided, Staff finds that UN would encourage an environment that is more appealing to pedestrians while offering supporting uses to the area. The property has a moderately high weighted infill score of 11 which indicates that the site is prepared to accommodate increased housing density and potentially the introduction of small commercial use. Rezoning could support Goals 1, 3, and 6 of City Plan 2040 by making appropriate infill a priority and creating an opportunity to develop a greater variety of housing that could enable residents to remain in the neighborhood as their housing needs change. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8-9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8, Deane Street) • Near Sewer Main (6-inch N. Lewis Avenue) • Near Water Main (8-inch N. Lewis Avenue, 8-inch W. Holly Street) • Near Grocery Store (Harps) • Near Public School (Asbell Elementary School) • Near U of A Campus • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Mount Comfort Road) • Near Razorback Bus Stop (Wedington & Sang, Mount Comfort & Stephens) 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 Payne motioned, and Commissioner Cabe seconded. The applicant was present and available to answer any questions that the Commission had. No questions were asked. No members of the public spoke at the meeting and there was no discussion amongst the Commission. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-2141 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025-44 FOR APPROXIMATELY 0.52 ACRES LOCATED AT 1229 NORTH LEWIS AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO UN, URBAN NEIGHBORHOOD 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-4, Residential Single -Family, 4 Units Per Acre to UN, Urban Neighborhood. 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 2025-2141 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-2025-0044: Rezoning (1229 N. LEWIS AVE/FINLEY, 403): Submitted by HOPE CONSULTING for property located at 1229 N. LEWIS AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 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 FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Planning Director THRU: Wesley Frank, Planner MEETING DATE: October 13, 2025 SUBJECT: RZN-2025-0044: Rezoning (1229 N. LEWIS AVE/FINLEY, 403): Submitted by HOPE CONSULTING for property located at 1229 N. LEWIS AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.52 acres. The request is to rezone the property to UN, URBAN NEIGHBORHOOD. RECOMMENDATION: Staff recommends forwarding RZN-2025-0044 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0044 to City Council with a recommendation for approval." BACKGROUND: The subject property is in west Fayetteville at the corner of W. Holly Street and N. Lewis Avenue and 570 feet north of the N. Lewis Avenue and W. Wedington Drive intersection. The property contains 0.52 of an acre which is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre, and is developed with a single-family home that Washington County records indicate was built in 1926. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Commercial — Radio Station R-O, Residential -Office Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, 4 Units per Acre to UN, Urban Neighborhood. Public Comment: Staff has not received any public comment on this in item. Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 1 of 18 INFRASTRUCTURE AND ENVIRONMENTAL ANALYSIS: Streets: The subject area has a road frontage along North Lewis Avenue. North Lewis Avenue is a Partially improved Residential Link Street with asphalt paving and open ditches. The subject area has a road frontage along West Holly Street. West Holly Street is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of the development proposal. Water: Public water is available to the Subject area. Existing 8-inch water main is present along North Lewis Avenue. Existing 8-inch water main is present along West Holly Street. Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is present along North Lewis Avenue. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system adjacent to this property. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a FEMA floodplain. Additionally, no protected streams are present. no are there hydric soils on the property. Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are present on the property. Hydric soils 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 at the time of development submittal. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W Deane St., protects this site. The property is located approximately 0.8 miles from the fire station with an anticipated drive time of approximately 2 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 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. Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 2 of 18 Tree Preservation: The proposed zoning district of UN, Urban Neighborhood requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single - Family, Four Units per Acre requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The 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 8-9 for this site with a weighted score of 11. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #8, Deane Street) • Near Sewer Main (6-inch N. Lewis Avenue) • Near Water Main (8-inch N. Lewis Avenue, 8-inch W. Holly Street) • Near Grocery Store (Harps) • Near Public School (Asbell Elementary School) • Near U of A Campus • Near City Park (Lewis Soccer Complex) • Near Paved Trail (Lawson Street) • Near Razorback Bus Stop (Wedington & Sang, Mount Comfort & Stephens) 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 proposed rezoning from RSF-4 to UN to be compatible with the surrounding land uses. The uses permitted by right in UN, which include all types of dwellings as well as some commercial uses such as general business, offices, and eating places, are directly compatible with the existing land uses in this area. Those diverse uses in UN are intended to support both commercial and residential zoning districts. Both residential and non-residential zoning districts are in the area, which include a radio station, a park, and school. Staff finds the addition of limited commercial on a corner lot could be a benefit to the existing residents and that the small size of the lot with a zoning height maximum of three - stories would likely mitigate negative impacts that could result from larger commercial development. Uses allowed conditionally in UN, including hotels, neighboring shopping, and small-scale production, may be suitable at this site, though any proposed conditional use would be contingent on Planning Commission approval. When compared to the site's current zoning of RSF-4, UN would allow for a slight increase in residential density as there Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 3 of 18 is no density maximums and narrower lots than the current zoning (12 feet against 70 feet). However, the small property size paired with design standards of parking and access would likely act as a cap while introducing and encouraging diverse residential options. The urban form setback standards of UN would additionally benefit the area as this compliments City's goal of a walkable urban area. Staff finds that the residential allowances and limited nonresidential uses introduce would support the area and have limited negative impacts on the area. The property contains a single-family dwelling constructed in 1926, according to the County Assessors Records. However, aerial maps of the area indicate that the building may have been constructed later, sometime between 1956 and 1965. This dwelling represents an early- to mid -twentieth century vernacular residence, with prominent native stone chimney on the fagade. Individually, the property is unlikely to be eligible for state or National Register of Historic Places listing based on architectural significance alone, as modifications over the years have negatively impacted its integrity of design and materials. City Staff requests that the property owner and/or applicant 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. 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 encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. The UN zoning district would allow for a mixture of residential densities that are urban in form. If the property were to be redeveloped or subdivided, Staff finds that UN would encourage an environment that is more appealing to pedestrians while offering supporting uses to the area. The property has a moderately high weighted infill score of 11 which indicates that the site is prepared to accommodate increased housing density and potentially the introduction of small commercial use. Rezoning could support Goals 1, 3, and 6 of City Plan 2040 by making appropriate infill a priority and creating an opportunity to develop a greater variety of housing that could enable residents to remain in the neighborhood as their housing needs change. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property from RSF-4 to UN is justified and is 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 RSF-4 to UN has the potential to increase traffic at this location considering that the site is currently developed with a single-family Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 4 of 18 home. Staff does not find, however, that given the size of the site, and the requirements for access management, that it would be to an appreciable degree. 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 alter the population density since it would allow for increased residential development. However, the property currently has access to public streets and water. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system adjacent to the property, and any necessary upgrades or improvements to existing infrastructure 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-2025-0044 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: October 13, 2025 O Tabled O Forwarded O Denied Notion: ISecond: ote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 5 of 18 o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.37 Urban Neighborhood • 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-2025-0044 (FINLEY) Paqe 6 of 18 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 7 of 18 Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§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-2025-0044 (FINLEY) Paqe 8 of 18 161.37 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 places 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 Unit 48 Private dormitories (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwellings 12 feet All other uses None (2) Lot Area Minimum. None. (E) Setback Regulations. Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 9 of 18 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 13 stories (G) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 6830, §1(Exh. A), 1-7-25; Ord. No. 6879, §2, 5-20-25) Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 10 of 18 October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 11 of 18 RZN-2025-0044 Close Up View P-1 1229 N. LEWIS AVE R-O HOLLY-ST J a Regional Link Alley Residential Link Hillside -Hilltop Overlay District — — — Trail (Proposed) ~ Planning Area _ ! Fayetteville City Limits i HEFLEY ST L•AWSON •ST Subject Property 111► CREEKMORE-DR w ti J J M Q � ALLEY,1861 Feet 0 75 150 300 450 600 1:2,400 CEDAR•ST RSF-4 'J& NORTH Zone Current Proposed R-O 0.0 0.0 RSF-4 0.4 0.0 UN 0.0 0.4 Total 0.4 ac October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 12 of 18 October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 13 of 18 RZN-2025-0044 Future Land Use , Civic,'' Institu#ional i W F- d' O a 1229 N. LEWIS AVE Non -Municipal Government DEANE ST I i Civic and Private Open Space I Subject Property ---------------- WEDINGTONIDR I I Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity � FreewaylExpressway Unclassified Alley — Residential Link Planned Residential Link Planning Area 1 Fayetteville City Limits — Trail (Proposed) i Design overlay District Feet 0 305 610 1,220 1:10,000 Residential Neighborhood I . - 1,830 r�111111111 J W Qa 0 F�_ Ci Neiohb ST ) i City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 14 of 18 — CITY OF FAYETTEVILLE ARKANSAS TO: Wes Frank, Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: October 13, 2025 STAFF MEMO SUBJECT: Long Range Planning Comments Regarding RZN-2025-0044 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 0.52 acres, from RSF-4, Residential Single Family, Four Units Per Acre to UN, Urban Neighborhood. Rezonings often precede projects that involve substantial demolition and redevelopment of sites. The proposed rezoning of the property has the potential to adversely impact a historic -age property via the future demolition of an identified historic structure. Two long range planning documents are relevant when evaluating this request: City Plan 2040 and the Heritage & Historic Preservation Plan. 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 Ordinance resources 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 Engagement: of historic properties to increase transparency. Transparency Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 15 of 18 DISCUSSION: The house will be nonconforming to setbacks under UN, which has a front build -to zone of 0'- 25'. When this house was constructed, it was located in a rural area on the outskirts of Fayetteville where it was common for houses to be set back farther from the road and on larger lots than in urban areas. Property History: The property contains a single-family dwelling constructed ca. 1926, according to the County Assessors Records. However, aerial maps of the area indicate that the building may have been constructed later, sometime between 1956 and 1965 (see attachments).' This dwelling represents an early- to mid -twentieth century vernacular residence, with prominent native stone chimney on the fagade. Individually, the property is unlikely to be eligible for state or National Register of Historic Places listing based on architectural significance alone, as modifications over the years have negatively impacted its integrity of design and materials. Fagade, looking west. South side, looking north. Long Range Planning staff have received grant funding from Arkansas Historic Preservation Program to support a survey of historic structures within the Fayetteville city limits. The survey is launching in Fall 2025. Current survey information is incomplete and may include inaccurate estimated construction dates for historic structures. Some historic homes, for example, are older than they initially appear due to exterior changes that mask original design features and building forms. Maps and other public records can serve as resources to improve accuracy in identifying historic structures, particularly those over a century in age. Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 16 of 18 ATTACHMENTS: 1954 Aerial Imagery Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 17 of 18 11-11OPE C O N S U L T I N G August 25, 2025 City of Fayetteville — Development Services 125 West Mountain Street Fayetteville, AR 72701 u9 NORTH MAIN STREET, BENTON, ARKANSAS 7zoi5 T: (5o1) 3i5-a6a6 E: www.HoPECoNsuLTiNG.com 1229 North Lewis Avenue (Parcel No. 765-13812-000) Rezone Narrative Letter Dear Planning Staff, Please let this letter serve as a narrative for the submission of 1229 North Lewis Avenue Rezoning request The property is currently zone RSF-4, Residential Single Family — Four Units per Acre, and consists of 0.52 Acres. A portion of about 0.10 acres of the subject property is within the North Lewis Avenue & West Holly Street Right -of -Way. We are seeking to rezone this property from its current RSF-4, Residential Single Family — Four Units per Acre, to UN, Urban Neighborhood. The proposed rezoning of UN would not unreasonably adversely impact the neighboring properties or conflict with the surrounding land uses. This is because UN is consistent and compatible with the current surrounding land use of the neighboring properties. The adjacent properties are zoned RSF-4, & R O, Residential Office which has a density of Twenty-four Units per Acre. Rezoning the property to UN is consistent and compatible with the current land uses of these adjacent properties that have similar zoning permitted uses. The requested rezoning will not change the residential nature of the area. A meeting was held with Planning & Engineering Staff June 26t' to discuss the potential of rezoning the subject property to Urban Neighborhood and was received with support of this zoning classification. The property owner has also expressed developing this property in the future as residential. UN zoning gives more flexibility to the type of residential development on this property. The single-family residential land use of this overall area will be maintained. The rezoning also would not unreasonably impact any of the neighboring properties. For the reasons stated herein, we request that the property be rezoned from RSF-4, Residential Single Family - Four Units per Acre to UN, Urban Neighborhood. Please feel free to contact me if you have any questions or concerns with this rezone request Sincerely, Dillon Bentley, P.E. NWA Lead Engineer Hope Consulting SURVEYORS I ENGINEERS I PLANNERS Planning Commission October 13, 2025 RZN-2025-0044 (FINLEY) Paqe 18 of 18 Form 0.55 N Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 553909 PO #: Matter of. ORD 6935 AFFIDAVIT • STATE OF ARKANSAS ECEIVE 11/12/2025 CRY OF FAYETTEVILLE CITY CLERK'S OFFICE 1, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6935 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 Legal Clerk State of ARKANSAS, County of Sebastian Subscribed and sworn to before me on this loth day of November, 2025 1 NO Y PUBLIC G,� B RAS/y'//// 10 �OTAR y �N•: N :cn= pUB0 ti Q c o w o Ordinance: 6935 File Number:2025-2141 AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2025- 44 FOR APPROXIMATELY 0.52 ACRES LOCATED AT 1229 NORTH LEWIS AVENUE IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO UN, URBAN NEIGH- BORHOOD 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-4, Residential Sin- gle -Family, 4 Units Per Acre to UN, Urban Neighborhood. 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: 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 553909