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Doc ID : 013099150005 Type : REL
Kind : ORDINANCE
Recorded : 10/05/2009 at 08 : 45 : 19 AM
Fee Amt : $35 . 00 Peae 1 of 5
Mashinoton Countv . AR
Bette Stews Circuit Clerk
Fi192009-00031833
ORDINANCE NO, 5274
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 09-3394, FOR APPROXIMATELY 1 ACRE,
LOCATED AT 20139 2025, 2037, AND 2049 BOX AVENUE FROM RSF-4,
RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE, TO RMF-6,
RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RSF-4, Residential Single-Family, 4 units per acre to
RMF-6, Residential Multi-Family, 6 units per acre as
shown on Exhibits "A" and "B" attached hereto and made a
part hereof.
Section 2: That the zoning is subject to the Bill of Assurance offered by the applicant
and shown as Exhibit "C" attached hereto and made a part hereof.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
RK/TRE9S,,�
.•�\SY Oc .Gp
PASSED and APPROVED this 15'h day of September, 2009. ;
; FAYETTEVILLE •
APPROVED: ATTEST: =y •.9 p� �;
%sy� RKANS .pJ`�,.
'00,,NG70tA
By: By: ABlIWc�
WONFkD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
RZN09-3394 S $ M/ BOX AVE .
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SUBJECT PROPERTY
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0 75 150 300 450 500
Feet
Page 3
Ordinance No. 5274
EXHIBIT "B"
RZN 09-3394
ALL OF LOTS 2 & 3 OF THE BOX RESIDENTIAL LOT SPLIT RECORDED AS FILE
#2007-40820 IN THE CIRCUIT CLERK' S OFFICE OF WASHINGTON COUNTY,
ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 ; THENCE
NO2033158"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 2 & 3, A DISTANCE
OF 190.82 FEET TO THE NORTHWEST CORNER, OF THE ABOVE SAID LOT 2;
THENCE S87029' 50"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 2; A
DISTANCE OF 239.39 FEET TO THE NORTHWEST CORNER OF THE ABOVE SAID LOT
2; THENCE S02°33 '58"W, ALONG THE EAST LINE OF THE ABOVE SAID LOT 2 & 3, A
DISTANCE OF 190.82 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT
3 ; THENCE N87°29' 50"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 3, A
DISTANCE OF 239.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 45,679
SQUARE FEET OR 1 .05 ACRES, MORE OR LESS.
EXHIBIT "C"
Page 4
Ordinance No. 5274
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the N.
owner, developer, or buyer of this property, (hereinafter "Petitioner") S & M. LLC, hereby
voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with
the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the teems of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Fayetteville City Council will reasonably rely upon all of the
terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioners
property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville
City Council.
1 . The use of Petitioner's property shall be limited to the Permitted Uses and Conditional
Uses as described in a RSF-4 zoning district. Use Unit 8 (Single Family Dwellings), Use Unit 9
(Two Family Dwellings) and Townhomes with no more than two units per lot. NQ other
residential development will be allowed.
2. Other restrictions including number.and type of structures upon the property are
limited to the following: The total maximum density shall remain at four units per acre.
3. Specific activities will not be allowed upon petitioner's property include the
following: NIA. '
4. No other terms or conditions are applicable to this rezoning request.
5. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioner's property.
EXHIBIT "C" Page 5
Ordinance No. 5274
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, S ' n 4 CC as the owner, developer or buyer
(Petitioner) voluntarily offer all such assurances and sign my name below.
0 /
q.
bPJ' 27. rsrj/pLI A QAK-.✓c S
Date /R� Printed Name
49 ,/V x
Address
. �Zn q� Signature
l J NOTARY OATH
a
STATE OF ARKANSAS }
} .ss
COUNTY OF WASHINGTON }
And na ovnn t is eeday of '� 2009, appeared before me,
�`i' Ary Public, and hher being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
NOTARY PUBLIC
My Commission Expires:
om
vwccurft
wwsl
I ..
Washington County, AR
I certify this instrument was filed on
10/05/2009 08:45:19 AM
and recorded in Real Estate
File Number 2009-000318
Bette Stamps - CircuitI
by
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/15/2009
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
RZN 09-3394: (Box, 372): Submitted by H2Engineering, Inc. for property located at 2013, 2025, 2037, and 2049 Bax
Avenue. The property is zoned RSF-4, Residential Single-Family, 4 units per acre, and contains approximately 1
acre. The request is to rezone the subject property to RMF-6, Residential Multi-Family, 6 units per acre.
Cost of this request Category / Project Budget Program Category / Project Name
Account Number Funds Used to Date Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item = Budget Adjustment Attached
co1. 41 .LY >1 Previous Ordinance or Resolution #
Departfi?eq Dir or Date
Original Contract Date:
-(A Original Contract Number:
City Attorney n Date
lO-A Q � . $ ' IV? , 2W9
Finance and Internal Services Director Date Received in City
Clerk's Office
&-Or
AIM AL� Uko- -
Ch ief of S ff Date
Received in
Mayors Office J``0
ay 'r ate
Comments:
Revised January 15, 2009
City Council Meeting of September 15 , 2009
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru : Jeremy C. Pate, Development Services Director
From: Data Sanders, Current Planner
Date: August 26, 2009
Subject: Rezoning for Box Avenue (RZN 09-3394)
RECOMMENDATION
Staff and the Planning Commission recommend approval of rezoning the subject property
from RSF-4, Residential Single-family to RMF-6, Residential Multi-Family, 6 dwelling
units/acre, located at 2013 , 2025, 2037, and 2049 Box Avenue.
BACKGROUND
The subject property contains 1 .05 acres and is located north of the intersection of
Mission Boulevard and Box Avenue, east of Crossover Road. In October of 2007 the
Planning Commission approved a lot split to create three (3) tracts of 0.42, 0.52 and 0. 52
acres and a conditional use permit to allow for the development of two-family dwellings
on two (2) of the created lots.
The applicant proposes to rezone the two lots that have been developed for duplexes from
RSF-4, Residential Single Family, 4 dwelling units/acre to RMF-6, Residential Multi-
family, 6 units per acre, in order to permit the existing duplexes to be further subdivided
into separate lots and sold individually. With the rezoning request, the applicant has
offered a Bill of Assurance that is designed to restrict the use and density of the property
to that which already exists — four (4) dwelling units per acre and no more than two (2)
dwelling units per lot.
DISCUSSION
This item was heard at the regular Planning Commission meeting on August 24, 2009.
The Planning Commission voted 9-0-0 to forward this rezoning request to the City
Council with a recommendation for approval.
BUDGET IMPACT
None.
ORDINANCE NO.
AN ORDINANCE REZONING THAT PROPERTY
DESCRIBED IN REZONING PETITION RZN 09-3394, FOR
APPROXIMATELY 1 ACRE, LOCATED AT 2013, 2025, 2037,
AND 2049 BOX AVENUE FROM RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE, TO RMF-6,
RESIDENTIAL MULTI-FAMILY, 6 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the zone classification of the following described property is hereby
changed as follows:
From RSF-4, Residential Single-Family, 4 units per acre
to RMF-6, Residential Multi-Family, 6 units per acre as
shown on Exhibits "A" and "B" attached hereto and made
a part hereof.
Section 2 : That the zoning is subject to the Bill of Assurance offered by the applicant
and shown as Exhibit "C" attached hereto and made a part hereof.
Section 3 : That the official zoning map of the City of Fayetteville, Arkansas is hereby
amended to reflect the zoning change provided in Section 1 above.
PASSED and APPROVED this day of 12009.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City ClerUl'reasurer
1
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EXIIIBIT " B"
RZN 09-3394
ALL OF LOTS 2 & 3 OF THE BOX RESIDENTIAL LOT SPLIT RECORDED AS FILE
#2007-40820 IN THE CIRCUIT CLERK' S OFFICE OF WASHINGTON COUNTY,
ARKANSAS BEING ALSO DESCRIBED BY METES AND BOUNDS AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE SAID LOT 3 ; THENCE'
NO2033 ' 58"E, ALONG THE WEST LINE OF THE ABOVE SAID LOTS 2 & 3. A DISTANCE
OF 190.82 FEET TO THE NORTHWEST CORNER, OF THE ABOVE SAID LOT 2 ;
THENCE S87029150"E, ALONG THE NORTH LINE OF THE ABOVE SAID LOT 2 ; A
DISTANCE OF 239.39 FEET TO THE NORTHWEST CORNER OF THE ABOVE SAID LOT
2; THENCE S02°33 ' 58"W, ALONG THE EAST LINE OF THE ABOVE SAID LOT 2 & 3, A
DISTANCE OF 190.82 FEET TO THE SOUTHEAST CORNER OF THE ABOVE SAID LOT
3 ; THENCE N87°29'50"W, ALONG THE SOUTH LINE OF THE ABOVE SAID LOT 37 A
DISTANCE OF 239.39 FEET TO THE POINT OF BEGINNING AND CONTAINING 45,679
SQUARE FEET OR 1 .05 ACRES, MORE OR LESS.
EXHIBIT "C"
BILL OF ASSURANCE
FOR THE CITY OF FAYE TTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification, the
owner, developer, or buyer of this property, (hereinafter `Petitioner") S & M. LLC, hereby
voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with
the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce any
and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and
agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of
Assurance, substantial irreparable damage justifying injunctive relief has been done to the
citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville
Planning Commission and the Favetteville City Council will reasonably rely upon all of the
terns and conditions within this Bill of Assurance in considering whether to approve Petitioner's
rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by [tic Fayetteville
City Council.
1 . The use of Petitioner's property shall be limited to the Permitted Uses and Conditional
Uses as described in a RSF-4 zoning district Use Unit 8 (Single Family Dwellings), Use Unit 9
(Two Family Dwellings) and Townhomes with no more than two units per lot. No other
residential development will be allowed
2. Other restrictions including number and type of structures upon the property are
limited to the following: The total maximum density shall remain at four units per acre
3. Specific activities will not be allowed upon petitioner's property include the
following: N/A.
4. No other terms or conditions are applicable to this rezoning request.
5. Petitioner specifically agrees that all such restrictions and terns shall run with the
land and bind all future owners unless and until specifically released by Resolution of the
Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington
County Circuit Clerk's Office after Petitioncrs rezoning is effective and shall be noted on any
Final Plat or Large Scale Development which includes some or all of Petitioncrs property.
EXHIBIT "C"
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, 1, S_ h t CC , as the owner, developer or buyer
(Petitioner) voluntarily offer all such assurances and sign my name below.
e-27 o'
Date
4 4ok /J
Address
7273w
STATE OF ARKANSAS
COUNTY OF WASHINGTON
SS n LLG
itu A
Printed Name
Sp5,, LtC
Signature
NOTARY OATH
And no on t is the2Qday of _j tiQ_____" , 2009, appeared before me,
Colas M{
� ry Public, and ter being placed upon his/her oath swore
or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her
name above.
My Commission Expires:
Faye l nRKnNSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Dara Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: August 19, 2009 Updated August 26, 2009
PC Meeting of August 24, 2009
125 W. Mountain St.
Fayetteville, AR 72701
phone: (479) 575-8267
RZN 09-3394: (S & M, LLC / BOX AVENUE SUBDIVISION LOTS 2 & 3,372): Submitted
by H2 ENGINEERING, INC. for property located at 2013, 2025, 2037, and 2049 BOX AVE.
The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately
1.05 acres. The request is to rezone the subject property to RMF-6, Residential Multi -family, 6
units per acre. Planner: Dara Sanders
BACKGROUND:
Property Description: The subject property is located north of the intersection of Mission Boulevard
and Box Avenue, east of Crossover Road. The properties contain two-family dwellings located in
the Braden Addition and zoned RSF-4.
Background: In October of 2007 the Planning Commission approved a lot split to create three (3)
tracts of 0.42, 0.52 and 0.52 acres and a conditional use permit to allow for the development of two-
family dwellings on two (2) of the created lots.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning
North
Undeveloped
RSF-4, Residential Single-family
South
Undeveloped
R -O, Residential Office
East
Single-family structure
RSF-4, Residential Single-family
West
Commercial
C-1, Neighborhood Commercial
Proposal: The applicant proposes to rezone the two lots that have been developed for duplexes from
RSF-4, Residential Single Family, 4 dwelling units/acre to RMF-6, Residential Multi -family, 6 units
per acre, in order to permit the existing duplexes to be further subdivided into separate lots.
Public Comment: Staff has not received public comment.
RECOMMENDATION:
Staff recommends forwarding rezoning request RZN 09-3394 to the City Council with a
recommendation for approval based on the findings stated herein.
K: lReports120091PC ReportsV 9 -August 2 RRZN 09-3394 (Box Avenue Subdivision) doe
PLANNING COMMISSION ACTION: Required YES II
Date: August 24, 2009 ❑ Tabled x Forwarded ❑ Denied
Lack Second: Cabe Vote: 9-0-0
COUNCIL ACTION: Required YES
O Approved
INFRASTRUCTURE:
❑ Denied
Streets: The site has access to Box Avenue. Box Avenue is a partially improved two lane
paved city street in this location. Street improvements will be evaluated with
development submittal.
Water: Public water is available to the property. There is a public main along Box
Avenue. Public water may need to be extended through the property to provide
domestic and fire flow for any proposed development.
Sewer: Sanitary
sewer is available to the site. There is an 8" public
main running through
the west
side of this property.
Public mains may need to be
extended through the
property
to serve any proposed
development.
Drainage: Standard improvements and requirements for drainage will be required for the
development. This property is affected by the 100 -year floodplain.
Police: No comments received.
Fire: This property will be covered by Engine #5 located at 2979 N. Crossover Road. It is 1.4
miles from the station with an anticipated response time of 5 minutes. The Fire
Department does not feel that this rezoning will affect the calls for service or response
times.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2025 Future Land Use Plan designates this
site as City Neighborhood Area, which are denser and primarily residentiaL [Jowever, this land use
designation supports mixed and low -intensity nonresidential uses. City Neighborhood Areas recognize
conventional strip commercial developments, but encourage complete, compact, and connected
neighborhoods.
K: IRepora12009V'C Reportsll9-August 24WZjV 09-3394 (flux Avenue Subdrvision).doc
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: Staff finds that rezoning the property to RMF-6 would be consistent with the
land use planning objectives, principles and polices of the City of Fayetteville to
provide transitions of land uses, attainable housing, and a "wide range of
residential building types" where appropriate. Staff rinds that the property,
located between the R -O, Residential Office building and undeveloped single-
family zoned properties, has established an appropriate transition between land
uses and a variety of residential building types, especially in its location near a
Principal Arterial (Mission Boulevard).
Furthermore, staff finds that changing the underlying zoning of the subject
property to reflect the use of the property and to allow for ownership of
attached single-family dwellings increases access to attainable housing for the
variety of socio-economic groups in the City of Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the rezoning request is due to ownership issues rather than a
land use issue. In October of 2007, the Planning Commission approved by a vote
of 7-0-0 to approve a conditional use request to allow for the construction of the
two-family dwelling units that occupy the subject property, finding that the
requested use would not adversely affect the public interest. Since the
construction of the two-family dwellings, the Planning Division has not received
any complaints from the public regarding these dwellings. The proposed zoning
is needed to allow for these duplexes to be subdivided and sold as separate lots
of record.
Staff has reviewed the other residential zoning districts available inside the city
limits and finds that, due to the City's various definitions of "dwelling" (see
Chapter 151 Definitions, page 9) and the need for a zero -foot side setback
allowance, the RMF-6 zoning district is the lowest density zoning district
available to the applicant. Staff finds that this rezoning request will not modify
the existing development and is merely to update the underlying zoning to
reflect the use and density of the property and to allow for the dwellings to be
owner -occupied.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
K: IReponc110091/'C Reportd/9-August 241RT.N 09-3394 (Box Arenue Subdmision).doc
Finding: Because the subject property has been recently developed for duplexes, staff
finds that traffic to and from the existing two-family dwellings would likely not
change as a result of changing the underlying zoning. The property is currently
developed at a density of four (4) dwelling units per acre.
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: Staff finds that the proposed zoning would not create undesirable impacts to
public services, or a residential density that is incompatible with the
surrounding area, based on a review of infrastructure, existing land uses, and
the development potential of the property.
Increased load on public services were taken into consideration and
recommendations from the Engineering, Fire, and Police Departments are
included in this report.
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
K. IReporu12009TC Reporul / 9 -August 2JI R7K 09-3394 (Box A venue .Subdivision,.dor
161.07 District RSF-4, Residential
Single -Family — Four 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
(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 24
Home occupations
Unit 36
Wireless communications facilities
(C) Density.
Single-family
dwellings
Two-family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and area regulations.
Single-family
Two-family
dwellings
dwellings
Lot minimum
70 ft.
80 ft.
width
Lot area
8,000 sq. ft.
12,000 sq.-ft.
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
Hillside Overlay
60 ft.
70 ft.
District Lot
minimum width
Hillside Overlay
8,000 sq. ft.
12,000 sq.-ft.
District Lot area
minimum
Land area per
8,000 sq. ft.
6,000 sq. ft.
dwelling unit
(E) Setback requirements.
Front
Side
Rear
15 ft.
5ft.
15 ft.
(F) Building height regulations.
1 Building Height Maximum I 45 ft.
Height regulations. Structures in this District
are limited to a building height of 45 feet.
Existing structures that exceed 45 feet in
height shall be grandfathered in, and not
considered nonconforming uses, (ord. #
4858).
(G) Building area. On any lot the area occupied
by all buildings shall not exceed 40% of the
total area of such lot.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-
98; Ord. No. 4178, 8-31-99; Ord, 4858, 4-18-06; Ord.
5028, 6-19-07; Ord. 5128, 4-15-08; Ord. 5224, 3-3-09)
161.11 . District RMF-6, Residential
Multi-Ffamily — Six Units Pper Acre
(A) Purpose. The RMF-6 Multi -family
Residential District is designed to permit and
encourage the development of multi -family
residences at a low density that is
appropriate to the area and can serve as a
transition between higher densities and
single-family residential areas.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 26
Multi -family dwellings
(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
MobileManufactured home park
Unit
24
Home occupations
Unit
25
Professional offices
Unit
36
Wireless communications facilities
(3) Land area per dwelling unit.
(C) Density.
Units per acre I 6 or less
(D) Bulk and area regulations.
(1) Lot width minimum.
MobileManufactured home
park
100 ft.
Lot within a
mobilemanufactured home
park
50 ft.
Single-family
60 ft.
Two-family
60 ft.
Three and more
90 ft.
Professional offices
100 ft.
MobileManufactured
home
3,000 sq.
ft.
Apartments:
No bedrooms
1,700 sq.
ft.
One bedroom
1,700 sq.
ft.
Two or more bedrooms
2,000 sq.
ft.
Fraternity or Sorority
1,000 sq. ft. per
resident
(E) Setback requirements.
Front
Side
Rear
loft.
8 ft.
25 ft.
Cross reference(s)—Variances, Ch. 156.
(F) Building height regulations.
(2) Lot area minimum.[Building Height Maximum 60 ft.
MobileManufactured home
park
3 acres
Lot within a
MobileManufactured home
park
4,200 sq. ft.
Townhouse:
.Development
.Individual lot
10,000 sq. ft.
2,500 sq. ft.
Single-family
6,000 sq. ft.
Two-family
7,000 sq. ft.
Three or more
9000 sq. ft.
Fraternity or Sorority
2 acres
Professional offices
1 acre
Height regulations. Any building which
exceeds the height of 20 feet shall be set
back from any side boundary line of an
adjacent single family district, an additional
distance of one foot for each foot of height in
excess of 20 feet.
(G) Building area. None.
(Ord. No. 4325, 7-3-01; Ord. 5028, 6-19-07; Ord. 5224,
3-3-09)
RZN 09-3394: (S & M, LLC / BOX AVENUE SUBDIVISION Lv fS 2 & 3,372):
Submitted by H2 ENGINEERING, INC. for property located at 2013 and 2037 BOX AVE.
The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains
approximately 1.05 acres. The request is to rezone the subject property to RMF-6,
Residential Multi -family, 6 units per acre. Planner: Dara Sanders
Public water is available to the property. There is a public main along Box Avenue. Public water
may need to be extended through the property to provide domestic and fire now for any
proposed development.
Sanitary sewer is available to the site. There is an 8" public main running through the west side
of this property. Public mains may need to be extended through the property to serve any
proposed development.
The site has access to Box Avenue. Box Avenue is a partially improved two lane paved city
street in this location. Street improvements will be evaluated with development submittal.
Standard improvements and requirements for drainage will be required for any development.
This property is affected by the 100 -year floodplain.
ZN 09-3398: (SCHAFFER / 528 N. COLLEGE, 446): Submitted by LANCE AND JULIE
SCHAFFER for property located at 528 N. COLLEGE AVENUE. The property is zoned
C-2, T OUGHFARE COMMERCIAL and contains approximately 0.1 res. The
request is to r?o.nc the subject property to DG, Downtown General.
Planner: Jesse
Public water is available to thecqperty. There is an 8" along College Avenue. Public
water may need to be extended throuTgbthe property provide domestic and fire flow for any
proposed development.
Sanitary
sewer is available to the si .
here is a
' ublic main running along College Avenue.
Public mains
may need to be e tided
through the
pro to serve any proposed development.
The site
has access t ollege Avenue.
College is
a five lane pa state highway in this
location.
Street ' provements will be evaluated with
development su ittal.
ovements and requirements for drainage will be required for
is not affected by the 100 -year floodplain.
The City of Fayetteville Fire Department
303 W. Center St. Fayetteville, AR. 72701
Phone (479) 575-8365 Fax (479) 575-0471
To: Dara Sanders, Andrew Garner, Jeremy Pate, and Jesse Fulcher
From: Mark Stevens
Date: August 19, 2009
Re: RZN 09-3394 Rezoning (MATHIAS / MISSION & BOX, 372)
This development will be protected by Engine 5 located at 2979 North Crossover Rd.
It is 1.4 miles from the station with an anticipated response time of 5 minutes to the beginning of the
development.
The Fire Department anticipates 1(1 EMS -0 Fire/Other) calls for service each year after the development is
completed. The Fayetteville Fire Department does not feel this development will affect our calls for service
or our response times.
If you have any questions please feel free to contact me.
Captain Mark Stevens
Asst. Fire Marshal
Fayetteville Fire Department
Honor, Commitment, Courage;
Our people make the difference!
<H12
ENGINEERING, INC.
July 16, 2009
City of Fayetteville
Attn: Planning Staff
113 West Mountain St.
Fayetteville, AR 72701
RE: REZONING APPLICATION
BOX RD RESIDENTIAL — LOTS 2 & 3
To Whom It May Concern
Please accept this letter and application as our official request for rezoning of two residential lots
owned by S&M LLC along Box Rd in Fayetteville. The extent of the rezoning includes all of
Lots 2 & 3 of the Box Road Residential Lot Split recorded as File #2007-40820 in the Circuit
Clerk's office of Washington County, Arkansas.
The subject property is currently zoned RSF-4 and is proposed for rezoning to RMF-6,
Residential Multi -Family. There is currently a duplex on each of the two lots, which was made
possible by virtue of a Conditional Use Permit. Unfortunately, the units would have to be
conveyed by use of a Horizontal Property Regime (HPR), which results in financing problems
involving condominium properties.
The proposed RMF-6 zoning will not modify the existing development. The intent is to simply
create a residential lot around each individual unit. The units were constructed with individual
utility services and in conformance with townhouse building criteria.
Respectfully,
I -
Kipp Hedme, P.E.
President
H2 Engineering, Inc.
GARY t: 765_
12 Y F e, F 13321_
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RECEIVED
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
OCT 02 2009
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of: City of
Fayetteville —Ordinance 5274
September 25 2009
Publication Charge : $ 107.60
Signed: __ -
--------------
Subscribed and sworn to before me
This 3D day of 2009.
Notary Public a' -
My Commission Expires: lna,V G, 2 O/Z
Do not pay from Affidavit, an invoice will be sent
RECEIVED
OCT022009
CITY OF FAYETTEVILLE
CITY CLERKS OFFICE
PROPERTY
IT ORDAINED MY THE CITY COUNCIL OF THE CITY OF
otien 1; That the zone classification of the following described property Is hero
urged as lotion: .
From RSF-4, Residential SingleFamily, 4 units per acre to AMP -8, Residential Multl-
Famlly, 8 units per acre as shown on Exhiblls'A' and "Battached hereto and made
a part hereof. _
;lion 2: That the zonings subject to the Bill of Assurance offered by the epptcant a
own as Exhibit attached hereto and made a part hereof.
aion 3: That the olfiClal zoning map of the City of Fayetteville, Arkansas Ia here
ended to reflect the zoning change provided In Section 1 above.
BUD end APPROVED this 15th day of September, 2009.
PROVED: ATTEST.
By;
DNSLD JORDAN, Maybe $ONDRA I . SMITH, City CIe.Wfl.nurer
Nbll A is a map that may be viewed In the office of the City Clerk/Treasurer during ni
I business hours. Page 4 and 5, Exhibit C is a Bill ol Assurance that may be viewed
.office of the Cay Clark/Treasuror during normal business hours.
EXHIBR'B'
RZN 09-3394
AT THE SOUTHWEST CORNER''OF THE
ALONG THE WEST LINE OF THE ABOVE SA
'TO THE NORTHWEST CORNER. OF.THE
CORNER
NE OF T