HomeMy WebLinkAboutORDINANCE 5886I Illlllllllllllllll1l4h1lhh hllhh Illlillhhh Ihlllllilf hhlhh 411h111111I1h11 hhhh 4lll
Doc I'D: 017054320003 Type: REL
J`
Kind: ORDINANCE
Recorded: 09105I'201E at 09:24;15 AM
Fee Amt; $25.00 Page I of 3
WashlnRton county, AS -
Clerk
Kyle Sylvester Circuit
�j ,�l{�
Flle2'0l6-00026324
113 West Mountain
Street Fayetteville,
AR 72701
(479) 575-8323
Ordinance: 5886
File Number: 2016-0281
RZN 16-5425 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-
5425 FOR APPROXIMATELY 1.84 ACRES LOCATED ALONG THE NORTHWEST CORNER OF
MILL AVENUE AND SOUTH STREET FROM R-O, RESIDENTIAL OFFICE, AND RMF-24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRES TO DG, DOWNTOWN GENERAL.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-O, Residential Office, and RMF-24,
Residential Multi Family, 24 Units Per Acres to DG, Downtown General.
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 6/21/2016 _c-); FAYETTE\/ILLE-
Attest: ',•; r^rpp
��� •••ar••••O'�N
/) Art �'�, i�N
Sondra E. Smith, City Clerk
Treasurer
Page 1 Printed on 6122116
16-5425
EXHIBIT 'A'
RZN 16-5425
Close Up View
ROCK ST.-
SOUTH ST
4TH ST
I�
Q
w
LU
w
J
J
0
U
Legend
Planning Area
Fayetteville City Limits
Building Footprint
THURMOND QUINLAN
NORTH
w
a Q
O
-
2 �
N
Feet
0 75 150 300 450 600
1 inch = 200 feet
RD
40
RSF-8
R M F-24
Residential -Office
® Downtown Core
Main Street Center
Downtown General
Neighborhood Conservation
P-1
16-5425
EXHIBIT 'B'
A part o€Late 9 and 10,13tock2 in Boles Addition to the City ofFsiyetteville, Washington County, Arkansas
and being more particularly described as follows. Beginning at the NE earner of said Lot 9, said paint being
an "X" chiseled in n raek wail, thence 8 88a58123" W, along the North line of said Lot 9, 150.00 feet to a get
iron pin, thence S 004191161" E 77.15 feet to a point which is 2 00 feet South of the South line of said Lot %
thence N 81i 146" E, parallel with the south Hue of said l.at 9,125.11 fact to a set iron on the Northwesterly
right of way of South Street, tlsence N 40°5T26" E along said right of way 37.72 feet to a set iron at the
intersection with the West right of way of Mill .Avenue, thence N 00P19'07" W along the West righ# of wag of
Mill Avenue 49.00 feet to the paint of heginning,
AND
Ail of the Watt half of Lot 9, Block 2 in Bales Addition to the City of Fayettevine, Washington County,
Arkansas, as designated upon the pint of said ,Addition, said lot being 75 feet North and South by 150 feet
Esut and West,
"UP
Part of Lot 10, Block 2 in Bales Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the plat of said Adelltion, being more pardcutarty described as follows, 114nniog nt a
point 114112 feet East of tha SW corner of said lot and running thence Vast 114112 feet, thence North to the
North line of said Lot 10, thence West 114112 feet; thence South to the place of heglnntng.
AND
Part of Lot 10, block 2 in Boles Addition to the City of Fayettssville, Washington County, Arkansas, as
designated upon the plat of said Addition, described as beginning 50 feet East of the 5W eornerof said lot
and running East 641f8 feet to the SW corner to lot conveyed by Uward N. Eslob to Duble E. Weltick,
thence North to the North line of said Lot 10, thence West 114 V2 feet to the East side ofan alley at the NW
corner of said tot, thence South to the NW corner to lot sold to S. V. Norwood in Volume 444 at Page 106,
thence Eart 50 feet, thence South 35 feet to the place of beginning.
AND
Lot 11, Black 2 in Bales Addition to the City of Fayetteville, Washington Cott -sty, Arkansas as shown on Plat
Record 4 at page 13.
tMa"M
Part of Lot 10, Block 2 in Boles Addition to the City of Fayetteville, Washington County, Arkansas, na
designated upon the plat of said Addition, more particularly descr1W as follows- Beginning at the SW
corner of said Lot 10 and rrstuaing then East 50 feet-, thence Nt orth 35 feet,, thence West SO feet; thence
South 35 feet to the potnt of bepinnh-g.
Subject to easements, rights -of y, and protective wwenanls of retard, if any.
Subject to ell prior mineral reservotlons and oil and gas leases.
Washington County, AR
I certify this instrument was filed on
09/09/2016 09:24:15 AM
and recorded i al Estate
File Numw 016-o 26324
Kyle Syiv t - 4erk
by
�. City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-5323
Text File
--� File Number: 2016-0281
Agenda Date: 6/21/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 5
RZN 16-5425 (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
16-5425 FOR APPROXIMATELY 1.84 ACRES LOCATED ALONG THE NORTHWEST CORNER
OF MILL AVENUE AND SOUTH STREET FROM R-O, RESIDENTIAL OFFICE, AND RMF-24,
RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRES TO DG, DOWNTOWN GENERAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from R-O, Residential Office, and RMF-24,
Residential Multi Family, 24 Units Per Acres to DG, Downtown General.
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.
City of Fayetteville, Arkansas Page 1 Printed on 612212016
Jeremy Pate
Submitted By
City of Fayetteville Staff Review Form
206-0281
Legistar File ID
6/21/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
5/27/2016 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
RZN 16-5425: Rezone (NW CORNER OF MILL AVE. & SOUTH ST./THURMOND-QUINLAN, 524): Submitted by ALLISON
THURMOND QUINLAN for property along the NW CORNER OF MILL AVE. & SOUTH ST. The property is zoned R-O,
RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately
1.84 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL.
Account Number
Project Number
Budgeted Item? NA
Budget Impact:
Fund
Project Title
Current Budget $
Funds Obligated S
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Approval Date:
CITY OF
Fay%
—11c
ARKANSAS
MEETING OF JUNE 21, 2016
TO: Mayor and City Council
CITY COUNCIL AGENDA MEMO
THRU: Andrew Garner, City Planning Director
FROM: Harry Davis, Current Planner
DATE: May 27, 2016
SUBJECT: RZN 16-5425: Rezone (NW CORNER OF MILL AVE. & SOUTH
ST.ITHURMOND-QUINLAN, 524): Submitted by ALLISON THURMOND
QUINLAN for property along the NW CORNER OF MILL AVE. & SOUTH ST. The
property is zoned R-O, RESIDENTIAL OFFICE, AND RMF-24, RESIDENTIAL
MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 1.84 acres.
The request is to rezone the property to DG, DOWNTOWN GENERAL.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the
properties to DG, Downtown General, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject properties totaling 1.30 acres are located at the northwest corner of Mill Ave. and
South St. The site is partly split -zoned R-O, Residential Office and RMF-24, Residential Multi-
family, 24 Units Per Acre. The property is currently developed with a 3,024 sq. ft. tri-plex
constructed in 1968 and a 836 sq. ft. single-family home constructed in 1936. The applicant
indicated the property has historically been a mixture of residential, commercial, and office uses
with single-family homes, accessory structures, multi -family housing, and two small grocery stores
occupying the site throughout its history.
Request: The request is to rezone the parcels (approximately 1.30 acres) from R-O and RMF-24
to DG, Downtown General, in order to fix arbitrary zoning and development issues in preparation
for new development.
Public Comment:
- One neighbor has expressed approval for the rezone, but has concerns over increased
density and traffic to the area.
- Another neighbor sent in an email in support of the rezoning, echoing the applicant's claim
that the area has historically been mixed -use (see attached Planning Commission report).
Land Use Compatibility: The proposed zoning is consistent with the traditional development
patterns to the west and south, Downtown and Walker Park respectively, where neighborhood
plans are in effect. The immediately surrounding properties are mostly single and multi -family
residences with various pockets of commercial activity. A rezoning to DG would allow the subject
property to be redeveloped with higher densities and in a form -based pattern that fits development
Mailing Address:
113 w. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
in adjacent Downtown and Walker Park neighborhoods. The kind of uses permitted in DG, such
as single-family, multi -family, eating places, offices, neighborhood shopping, etc., are compatible
with current uses in the surrounding neighborhood.
Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map
(FLUM) designation of the site as a Residential Neighborhood Area. The definition of a residential
neighborhood area highlights particular characteristics of what this neighborhood should be,
which is primarily residential with various housing types, highly connected system of gridded
streets with compact blocks, and low -intensity non-residential uses. Furthermore, residential
neighborhood areas call for traditional development patterns and buildings placed closer to the
property line. DG calls for the very same things: mixture of dwelling types from single-family to
apartments and live/work, a dynamic range of uses from residential and open space to low -
intensity non-residential development and businesses, and build -to zones closer to the street for
new development. The DG zoning district does encourage patterns of development that result in
realizing these goals of City Plan 2030 and connect the definitions and City-wide aspirations
between the proposed zoning and future land use.
DISCUSSION:
This item was discussed at the May 23, 2016 Planning Commission meeting where it was
forwarded to the City Council with a recommendation for approval with a vote of 6-0-1
(Commissioner Quinlan recused; Commissioners Autry and Noble were absent). At that meeting,
one member of the public spoke about the alley along the western property line of this site,
indicating that the alley would need to be improved with development.
BUDGET/STAFF IMPACT:
None
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
16-5425
EXHIBIT W
RZN16-5425 THURMOND QUINLAN A&
Close Up View NORTH
MOUNTAIN ST
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41 I)C { 0 00 -�
4
ROCK ST }
P-1
Subject Property
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SOUTH ST
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z
4TH ST C7
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Legend
Feet
Planning Area
Fayetteville City Limits 0 75 150 300 450
Building Footprint
1 inch = 200 feet
iRIMF-Z4
T-
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CV
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RSF4
Akl�,
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RSF-8
RMF-24
Residential -Office
Downtown Core
N Main Street Center
600 ® Downtown General
Neighborhood Conservation
P-1
16-5425
EXHIBIT 'B'
A part of Lots 9 anal 10,11tttsk 2 in Boles Addition to ttae City of Fayetteville, Washington Coauty, Arkanswc.
and beirtg tttore partk-tilarly described as followv Beginning at the NE. corner of said Lot 9, said point being
art "Y" chiseled in a rock wall, thence S 88°58'23" W, along the North liar of said I.ot 9,150.00 feet ton set
iron pits, thence S M*19'16" E 77.25 feet ton point which is 2.00 feet Suulh oP the South line of said Lot 9.
thence N SS"52146" E, parallel with the. South line of said Lett 9,125.11 feet to a set iron an the Northwesterly
right of way of South Street, thence N 40°57'26" E along said right of way 37,72 feel to a set iron at the
in lcmectianwith the West right of iray u0lill Avenue, thence .N OW19'07" W along the Wc-St right or way of
Mill Avetxae 49.00 feet to the point of 4ginning.
AND
,All of the Wi e-qt h4if of Lot 9, Block 2 in Fobs Addition to the City of Fayettoville" Washington County,
Arkansas, as designated kipau the plat of said rAcltlWoj.a, saiai lot being 75 feet North and South by ISO feet
East find West.
F 1\i111
J
Part of Lot 10, Olock 2 in Holes Addition to the City € f rayetteville, Washington County, Arkansas, as
des'agnaled upon the plat of said Addition, heing snore particularly described as follows; Ucgr inning at a
point 114 112 feet Fast of the SW corner of said lot anti running thence Mast 11.4 In feet, thence North to tho
Worth line of said Lot 10, thence )Vest 1141I2 feet; thence South to the place of beginning.
AND
Part at 10, Block 2 in Boles Addition to the City of Fayetteville, Washington County. Arkansw6 as
designated upon tine plat of said Addition, described as beginning 50 feet East of the SNV corner of said lot
anal running Past 64 112 Peet to the SW earner to loot conveyed by Uward N. Eads to TvIable E. Weltiek,
thence North to the North line of said Lot 10, thctace West 114 ta'2 feet to the East aide of ark alley at the NW
corner of said lot, tbcncc South to the NW corner to lol sold ill S. V, Norwood in Volume 444 at Page 106,
thcnec Cast 50 feet, thence South 35 feet to the place- of beginning.
AND
Lot 11, Black 2 in holes Addition to the City of Fayetteville, W ashingtou County, irli ansas ;as shown on flat
Record 4 :at Pale 13.
AND Also
Part of Lot 10, Block 2 in Boles Addition to the City of Fayretteville, Washington Couta ty, Arkatasas, as
alesigoated upon the plat of said Addition, more particularly described as follows., I1rpnrtin&r nt the S'*V
corner of said Lot 10 stud run ning thence East 50 feet, thence North 35 feet, thence West 50 feet; then v
South 35 feet to the poiaat of belyinulug.
Subject to caserner,ts, rights-af--wuy, and protective covenants of record, ifaay.
Subject toall prior naineaal reservations and oil ;anal g.as;e;a=ses�
CITY OF FAYETTEVI.LLE, ARKANSAS
REZONING
FOR STAFF USE ONLY
FEE: $325.00
Date Application Submitted:
Sign Fee. $5.00
Date Accepted as Complete:
S-T-R:
Case /Appeal Number:
PP#:
Public Hearing Date:
Zone:
Please fill out this form completely, supplying all necessary information and documentation to support your request.
Your application will not be placed on the Planning Commission agenda until this information is furnished
Application:
Indicate one contact person for this request: a Applicant Representative
Applicant (person making request): Representative (engineer, surveyor, realtor, etc.):
Name: Allison Thurmond Quinlan
Address: 125 W Boles St
Fayetteville AR 72701
E-mail: atq a.flintlocklab.com
Phone:
( 479 ) 305-4807
Fax:
Name:
Address:
E-mail:
Phone:
Fax:
Site Address / Location: 236, 238, 240 E. South Street and 228 S Mill Ave, Fayetteville AR
Parcels 765-02975-000. 765-02974-000. 765-02977-000. 765-02979-000. 765-02978-000, and 765-02976-000
Current Zoning District: RO/RMF 24 Requested Zoning District: DG
Assessor's Parcel Number(s) for subject property: see above
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Scott and Allison Quinlan will close on the adjacent properties on April 13, 2015 as Flintlock Development LLC.
The adjacent property was previously owned by Mark Porter, who is selling it.
March 2014
Page I
APPLICANT/REPRESENTATIVE: I certify under penalty of peiju y that the foregoing statements and answers
herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge
and belie£ true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. I understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (printed): Allison Thurmond Quinlan Date: 4/15/2016
Signature:����ave�6�
PROPERTYOWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of penury that 1 am/we are the
owner(s) of the property that is the subject of this application and that I/we have read this application and consent to
its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that
the agent is authorized to act on his/her behalf.)
Property Owners of Record (attach additional info if necessary):
Name (printed): Allison Thurmond Quinlan
Signature:
Date: 4/15/2016 (managing member of Flintlock
Development LLC)
Name(printed):
Signature:
Date:
Rezoning Checklist:
Attach the following items to this application
Address: 125 W Boles St
Fayetteville, AR 72701
Phone:
( 479-) 305-4807
Address:
Phone
(1) Payment in full of applicable fees for processing the application:
$325.00 application fee
$5.00 public notification sign fee
(2) A legal description of the property to be rezoned. A survey may be required if the
property description can not accurately be platted or if it is described by referring to
other deeds.
(3) CD containing a copy of the legal description in MS Word and all required
submittal items should be also included on the CD in PDF format.
(4) A copy of the county parcel map from the Washington County Assessor's office or
from the Washington County website (www.co.washington.ar.us). The subject
property and all adjacent parcels should be identified on this parcel map. The owner's
name, official mailing address, and the parcel number for every adjacent property shall
be shown on this map.
March 2014
Page 2
CITY OF
•
Fay7 e
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE:
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Harry Davis, Planner
May-23, 916 UPDATED WITH PC RESULTS
SUBJECT: RZN 16-5425: Rezone (NW Corner of Mill Ave & South St./Thurmond
Quinlan, 524): Submitted by ALLISON THURMOND QUINLAN for
property at the NW CORNER OF MILL & SOUTH ST. The property is
zoned partly R-O, RESIDENTIAL OFFICE and RMF-24, RESIDENTIAL
MULTI -FAMILY, containing approximately 1.30 acres total. The request is
to rezone the properties to DG, DOWNTOWN GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN 16-5425 with conditions of approval.
BACKGROUND:
The subject properties totaling 1.30 acres are located at the northwest corner of Mill Ave and
South St. The parcel is partly zoned R-O and RMF-24. The property is currently developed with
a 3,024 sq. ft. tri-plex constructed in 1968 and a 836 sq. ft. single-family home constructed in
1936.
The applicant claims the property has historically been a mixture of residential, commercial, and
office uses with single-family homes, accessory structures, multi -family housing, and two small
grocery stores occupying the site throughout its history.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Land Use Zoning
Site
North Residential RMF-24, Multi -family residential/R-
O, Residential office
South Residential/Commercial DG, Downtown general/NC,Neighborhood conservation
East Residential RMF-24, Multi -family residential
West Residential/Commercial DG, Downtown general
Request: The request is to rezone the parcels (approximately 1.30 acres) from R-O and RMF-24
to DG, Downtown General, in order to fix arbitrary zoning and development issues in preparation
for a cottage court and rowhouse development.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
Public Comment: One neighbor has expressed approval for the rezone, but has concerns over
increased density and traffic to the area.
Another neighbor sent in an email in support of the rezoning, echoing the applicant's claim that
the area has historically been mixed -use (see attached).
INFRASTRUCTURE:
Streets: The subject parcels have access to South Street and Mill Avenue. Any further
street improvements would be determined at time of development.
Water: Public water is available to the site. A 6" water main runs down all abutting street
frontages to the property.
Sewer: Public sewer is available to the site. An 8" sewer main runs down Mill Ave. to the
intersection of Huntsville Road with a manhole.
Drainage: Any additional improvements or requirements for drainage would be determined
at time of development.
Fire: The Fire Department did not express any concerns with the request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2025 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the properties within the proposed rezone as Residential Neighborhood Area. These areas are
primarily residential in nature and support a variety of housing types of appropriate scale and
context, including single family, multifamily and rowhouses. Residential Neighborhood
encourages highly connected, compact blocks with gridded street patterns and reduced setbacks.
It also encourages traditional neighborhood development that incorporates low -intensity non-
residential uses intended to serve the surrounding neighborhood, such as retail and offices, on
corners and along connecting corridors.
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed zoning is consistent with the form -
based development to the west and south, Downtown and Walker Park
respectively, where neighborhood plans are in effect. The immediately
surrounding properties are mostly single and multi -family residences with
various pockets of commercial activity. A rezoning to DG would allow the
subject property to be redeveloped with higher densities and in a form -based
pattern that fits development in adjacent Downtown and Walker Park
neighborhoods. The kind of uses permitted in DG, such as single-family,
multi -family, eating places, offices, neighborhood shopping, etc., are
compatible with current uses in the surrounding neighborhood.
Land Use Plan Analysis: The proposed zoning is compatible with the Future
Land Use Map (FLUM). The definition of a residential neighborhood area
2
G:\ETC\Development Services Review\2016\Development Review\16-
5425 RZN NW Corner of Mill & South St. (Thurmond Quinlan) 524
highlights particular characteristics of what this neighborhood should be,
which is primarily residential with various housing types, highly connected
system of gridded streets with compact blocks, and low -intensity non-
residential uses. Furthermore, residential neighborhood areas call for
traditional development patterns and buildings placed closer to the property
line. DG calls for the very same things: mixture of dwelling types from single-
family to apartments and live/work, a dynamic range of uses from residential
and open space to low -intensity non-residential development and
businesses, and build -to zones closer to the street for new development. The
DG zoning district does encourage patterns of development that result in
realizing these goals of City Plan 2030 and connect the definitions and City-
wide aspirations between the proposed zoning and future land use.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant has requested the zoning change in order to make reasonable
development of the site. Current zoning has created an arbitrary line that
creates administrative burden in meeting zoning requirements for two
different zoning districts. Changing the zoning would both simplify the
requirements, but also make it easier for the applicant to appropriately and
practically develop the property with greater freedom allotted under DG.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to South Street and Mill Avenue, which are both
considered Local Streets under the Master Street Plan. The DG zoning would
allow residential and non-residential use by right, which may increase traffic
compared to the existing use and zoning. The surrounding street system has
adequate capacity to handle increased traffic, but there are valid concerns
from the neighbors over the quality of South St. adjacent to the property and
the affect new development would have on South St.'s quality and safety.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from R-O and RMF-24 to DG would allow a greater
density, but the applicant does not currently have plans to increase density
beyond the 24 units per acre currently enforced in the existing zoning.
Development in DG is capped at four (4) stories and would have to include
parking and adequate circulation for vehicles and people. It would be
unreasonable to believe that a developer would fill the entire site with a multi-
family building. There is no reason that DG would undesirably increase the
load on public services more than what is already offered in the existing
zones.
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:
3
G:\ETC\Development Services Review\2016\Development Review\16-
5425 RZN NW Corner of Mill & South St. (Thurmond Quinlan) 524
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: Staff recommends approval of RZN 16-5425 based on the findings
discussed throughout this report with the condition that the rezone exhibit matches the vacation
exhibit in VAC 16-5424 prior to the City Council meeting.
PLANNING COMMISSION ACTION: Required YES
Date: May 23, 2016 O Tabled 'M Forwarded O Denied
Motion: HOFFMAN QUINLAN RECUSED
Second: BROWN APPROVAL/FORWARD TO CITY
Vote: 6-0-1 COUNCIL
(CITY COUNCIL ACTION: Required YES
(Date: June 21, 2016 O Approved O Denied
BUDGET/STAFF IMPACT:
None
Attachments:
■ Unified Development Code sections 161.14, 161.17, & 161.25
■ Request letter
■ Rezone exhibit
■ Public comment
• One Mile Map
■ Close -Up Map
■ Current Land Use Map
■ Future Land Use Map
4
G:\ETC\Development Services Review\2016\Development Review\16-
5425 RZN NW Corner of Mill & South St. (Thurmond Quinlan) 524
(D) Bulk and area regulations.
\1 , % 1.1 ..a tilt mini nr m
nufactured home park
#OD ft.
i-ot within a manufactured home
ark
50 R.
Sinai family
40 fL
Two -fa HV
40 ft-
Three Ad more
75 ft.
Professio al offices
1 100 ft.
(2) 1-017 minimum.
Manufactured t me ark
3 acres
m nufactured home
4,200 sq. IL
2,500
4.000 s . ft,
Two-familiv
5,000 s , ft.
Three or more 1
1 7,500 s . fl.
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land area per welling unit.
Manufactured Home 3,000 s . ft.
(E) Setback requirements.
Front
Side
Other
Uses
Side
Sings
& T
Famil
Rear
Other
Uses
Rear
Single
Family
A build -to
8 ft,
5 ft.
20 ft.
5 fl.
zone that is
located
between
the front
property
line and a
line 25 feet
from the
front
property
line.
Cross references) --Variances, Ch. 156.
gr tar than 10 feet from the master street plan
right r-way shall have a maximum height of 45
feet
Any b\set
hich exceeds the height of 20 feet
shall k from any side boundary line of
an adjacent sin a family district, an additional
distance of one at for each foot of height in
excess of 20 feet
(G) Building area. The area ccupied by all buildings
shall not exceed 50% of Ih otal lot area.
(H) Minimum buildable street front e, 50% of the
lot width.
(Ord. No. 4325, 7-3-01; Ord. 6028, 6-19-07; Ord, 224, 3-3-
09; Ord. 5262, 8-4-09: Ord. 5312, 4-20-10; Ord. 54 12-6-
11; Ord. 5592, 6-18-13; Ord. 5664, 2-18 14)
161.15 District RIVIF-24, Residential Multi-
Family — Twenty -Four 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
Ci -wide uses b ri ht
_
Unit 8
1 Single-family dwellings
Unit9
Two-family dwellin s
Unit 10
Three-flmil dwellin s
Unit 26
Multi-famii dwellin s
Unit44
Cotta eHousin Develo ment
(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 12
Limited business
Unit 25
Professional offices
Unit 24
1 Home occu ations
Unit 36
1 Wireless communications facilities
(F) Building height regulations.
(C) Density.
JIIIg rIWJJJIIL JVI1 llAU; Il -,-_I _
Units er acre 24 or less
'A building or a portion of a building that `s (D) Bulk and area regulations.
located between 0 and 10 feet from the fro
property line or any master street plan right -of- 1 Lot width minimum.
way line shall have a maximum height of 3O feet. Manufactured home ark 100 ft.
Buildings or portions of the building set back Lot within a 50 fl.
EXHIBIT "A"
Manufactured home park
T
Sin le-famil
35 ft.
Two-famil
35 ft.
plree or more
70 ft.
Professional offices
L 1-1)0 ft.
(2) Lot area minimum.
Manufactured home ark
3 acres
Lot within a mobile home
park
4,200 sq. ft.
Townhouses:
Individual lot
2,000 sq. ft.
Siriqle-family
3,000 sq. ft-
Two-family—
4.000 Sq. ft.
Three or more
7,000 sq. ft.
Fraterni or sorority
2 acres
Professional offices
1 1 acre
(3) Land area per dwelling unit.
Manufactured home 3.000 sq. ft..
(E) setback requirements.
Front
Side
Other
Uses
Side
Single
& Two
Familv
Rear
Other
Uses
Rear
Single
Family
_
A build -to
8 ft
5 ft.
20 ft.
5 ft
zone that is
located
between the
front
property line
and a line
25 feet from
the front
property
line.
Cross reference(s)-Variance, Ch. 156.
(F) Building height regulations
r Buildino Height Maximum 30/45184ft,_
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 30 feet,
between 10-20 feet from the master street plan
right-of-way a maximum height of 45 feet 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 60
feet.
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. The area occupied by all buildings
shall not exceed 50% of the total lot area.
(H) Minimum buildable street frontage. 50% of the
lot width.
(Code 1966, 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). 8-15-98; Ord. No. 4178, 8-31-99; Ord. 5028. 0-19-
07; Ord, 5079, 11.20.07; Ord. 5224. 3.3.09; Ord. 5252, 8-4-
09; Ord. 5312, 4-20-10; Ord. 6462, 12-6-11; Ord. 54%. 4-
17-12; Ord. 5592. 6-18-13: Ord. 6654, 2-18.14)
1 IA6 District RMF-40, Residential Multi -
Fa ily — Forty Units Per Acre
(A) urpose. The RMF-40 Multi -family Residential
trict is designated to protect existing high
de sity multi -family development and to
en urage additional development of this type
who a it is desirable.
(13) Uses.
(1) Pe ;fled uses.
Unit 1
Unit 8
Ci wfde uses by right _
sin -famil dweilin s
Unit 9
7vuo f 11 dweitin s
Unit 10
Three- mil dwellin s
ilnit26
Mutti-fa -1 dwelfin s
Unit 44
Cotta e• usin Nvelo ment
(2) Conditional uses_
Ci -wide uses CUPPublic
HE
rotectio and util€ facilities
Unit
Cultural and recr tional facilities
Unit 5
Government facility s
Unit 11
Manufactured hom ark
Unit 12
Umited business
Unit 24
1 Home occupation
Unit 25
1 Professional offices
Unit 36
1 Wireless communicati ns facilities
(C) Density.
Units per acre 40 or 1 s
(D) Bulk and area regulations.
(1) Lot width minimum.
Manufactured home ark
10 ft.
Lot within a manufactured home ark
50
Sin le-famil
30 ft
Two-family
80 it
CITY OF
Faya
eeie
ARKANSAS
161.17 District R-O, Residential Office
(A) Purpose. The Residential -Office District
is designed primarily to provide area for
offices without limitation to the nature or
size of the office, together with
community facilities, restaurants and
compatible residential uses.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12
Limited business
Unit 25
Offices, studios, and related
services
Unit 44
Cottage Housing Development
(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 11
Manufactured home ark'
Unit 13
Eating laces
Unit 15
Neighborhood shopping
goods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications
facilities*
Unit 42 1
Clean technologies
Unit 45
Small scale roduction
(C) Density.
Units per acre 24 or less
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
PLANNING COMMISSION MEMO
(D) Bulk and area regulations.
(Per dwelling unit for residential
structures)
(1) Lot width minimum.
Manufactured home
ark
100 ft.
Lot within a
manufactured home
ark
50 ft,
Single-family
60 ft.
Two-family
60 ft.
Three or more
90 ft.
(2) Lot area minimum.
Manufactured home
3 acres
ark
Lot within a
4,200 sq.
ft.
manufactured home
ark
Townhouses:
Development
10,000 sq.
ft.
Individual lot
2,500 sq.
ft.
Sin2le-family
6,000 sq.
ft.
Two-family
6,500 sq.
ft.
Three or more
8,000 sq.
ft.
Fraternity or Sorority
1 acre
(3) Land area per dwelling unit.
Manufactured home
3,000 sq. ft.
Townhouses &
apartments:
1,000 sq. ft.
No bedroom
1,000 sq. ft.
One bedroom
1,200 sq. ft.
Two or more
bedrooms
.............
Fraternity or Sorority
500 sq. ft. per
resident
(E) Setback regulations.
www.fayettevil le-ar.gov
Front
15 ft.
Front, if parking is allowed
50 ft.
between the right-of-way and
the building
Front, in the Hillside Overlay
15 ft.
District
Side
10 ft.
15 ft.
Side, when contiguous to a
residential district
Side, in the Hillside Overlay
8 ft
District
Rear, without easement or
25 ft.
alley
Rear, from center line of public
10 ft.
alley
Rear, in the Hillside Overlay
15 ft.
District
(F) Building height regulations.
�LBuildingm60 ft.
aximu
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. On any lot, the area
occupied by all buildings shall not exceed
60% of the total area of such lot.
(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78;
Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747,
6-29-70; Code 1991, §160.041; Ord. No 4100, §2 (Ex A), 6-
16-98; Ord, No. 4178, 8-31-99; Ord. 4726, 7-19-05; Ord
4943, 11-07-06; Ord. 5079, 11-20-07; Ord 5195, 11-6-08;
Ord. 5224, 3-3-09; Ord. 5312. 4-20-10; Ord. 5462, 12-6-11;
Ord. 5735 1-20-15)
c3
G:\ETC\Development Services Review\2016\Development Review\16-
5425 RZN NW Corner of Mill & South St. (Thurmond Quinlan) 524
CITY OF
s.
ay le
ARKANSAS
161.25 Downtown General
(A) Purpose. Downtown General is a flexible
zone, and it is not limited to the
concentrated mix of uses found in the
Downtown Core or Main Street / Center.
Downtown General includes properties in
the neighborhood that are not
categorized as identifiable centers, yet
are more intense in use than
Neighborhood Conservation. There is a
mixture of single-family homes,
rowhouses, apartments, and live/work
units. Activities include a flexible and
dynamic range of uses, from public open
spaces to less intense residential
development and businesses. For the
purposes of Chapter 96: Noise Control,
the Downtown General district is a
residential zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational
facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three-family dwellings
Unit 13
Eating places
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios, and related
services
Unit 26
Multi -family dwellings
Unit 44
Cottage Housing Development
Unit 45
Small scale production
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.
Mailing Address:
113 W. Mountain Street
Fayetteville, AR 72701
PLANNING COMMISSION MEMO
(2) Conditional uses.
r Unit 2
City-wide uses by
conditional use permit_
Unit 3
Public protection and utility
facilities
Unit
Hotel, motel and amusement
14
services
Unit
Shopping goods
16
Unit
Transportation trades and
17
services
Unit
Commercial recreation, small
19
sites
Unit
Center for collecting
28
recyclable materials
Unit
Wireless communication
36
facilities
Unit
140
Sidewalk Cafes
(C) Density. None
(D) Bulk and area regulations.
(1) Lot width minimum.
Dvdelling (all unit types) 18 ft.
(2) Lot area minimum. None.
(E) Setback regulations.
Front A build -to zone that
is located between
the front property
line and a line 25 ft.
from the front
property line.
Side I None
Rear 1 5 ft.
Rear, from center 12 ft.
line of an alley
www_fayetteville-a r.gov
(F) Minimum buildable street frontage. 5O%
of lot width.
(G) Building height regulations.
Building Height 1 56 ft.
Maximum
(Ord. 5028. 6-19-07; Ord. 5029, 6-19-07-, Ord. 5312. 4-20-101
Ord, 5462. 12-6-11: Ord. 5592, 6-18-13; Ord. 5664, 2-18-14;
Ord. 5735. 1.20-15)
10
GAETC\Development Services Review\2016\development Review\16-
5425 RZN NW Corner of Mill &South St. (Thurmond Quinlan) 524
PETITION TO CHANGE ZONING OF LOTS 9/10/1 1,
BLOCK 2 IN BOLES ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We request that the zoning designation of Lots 9, 10, and 11 of Block 2 in Boles Addition to the City of Fayetteville
(parcels 765-02975-000, 765-02974-000, 765-02977-000, 765-02979-000, 765-02978-000, and 765-02976-000)
be changed from Residential Office and Residential Multifamily24 units/acre (split per the attached exhibits) to
Downtown General. The owner of the properties as of April 13, 2016 is Flintlock Development, LLC —purchased from
Mark Porter. Parcel 765-02976-000 is owned by the City of Fayetteville, but this Right of Way Parcel is concurrently
being requested to be vacated. If approved, this petition for R.O.W vacation would cause ownership of that parcel to
revert back to adjacent landowner Flintlock Development, LLC for development.
The zoning change request is being made to simplify development of the property. They are currently split between two
zones somewhat arbitrarily down the middle (not following any of the existing parcel lines). The Downtown General
zone runs north -south on all parcels across Alley 119 from the subject property, skips over this property, and begins
again across E. South Street. The property has been historically a mix of residential, commercial, and office uses with
single-family homes, accessory structures, multi -family housing, and two small groceries occupying the site during its
history.
The requested zoning change will minimally impact the surrounding properties in terms of land use, traffic, appearance,
and signage. Both the existing zoning types assigned to the property allow similar densities and mixed uses as the
requested DG zone, and indeed many of surrounding properties are themselves classified as Downtown General. For the
purposes of Noise Control, the Downtown General district is still a residential zone. So many of the existing protections
for neighboring properties will remain the same.
Water and Sewer are available in adequate quantities adjacent to the site. An 8" sewer line runs south down Mill Ave,
and becomes a 10" sewer line at a manhole in the intersection with Huntsville Road. A 6" water main runs down all
abutting street frontages to the property.
It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives,
principles, and policies and is consistent with the history of the site and neighborhood. The rezoning will allow the
property to be developed directly in line with the City's goals to "make appropriate infill... our highest priority," "make
traditional town form the standard," and "create attainable housing."
The development plan for the site includes a small cottage court and rowhouses built with some ground levels flexible
to be convertible to offices / small retail in the future. The homes will be small (all under 2000 SF) and attainable in
price. They'll also be walkable to the square and the Farmer's Market. These development plans can be achieved by
right under the current RO and RMF-24 zoning, but are more suitably accomplished under the form based DG zoning
code.
We are of the opinion that the proposed zoning is justified/needed for the reasonable development of the site. The
somewhat arbitrary current zoning lines create undue administrative burden in meeting zoning requirements that vary
only enough to be difficult (examples: side setback requirements of 10' in RO, side setbacks of 8' in RMF-24).
The proposed zoning change is not expected to increase traffic danger or congestion. The proposed zoning is not
expected to alter the population density or increase the load on public services, as the existing zoning types allow
equally high density development potential.
fA
i
The uses allowed under the current zoning classification are not significantly different than those under the request
Downtown General classification. However, for reasonable and practical development and use of the properties, a
consistent zoning classification is requested, These properties would most appropriately and practically be developed
by simplifying the zoning of the neighborhood. For convenience, the purpose statements of the three zoning types in
question are
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.
Purpose, The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or
size of the office, together with community facilities, restaurants and compatible residential uses.
Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street / Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of
single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of
uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96:
Noise Control, the Downtown General district is a residential zone
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Davis, Harry
From: Planning
Sent: Tuesday, May 10, 2016 2:05 PM
To: Jerry
Subject: RE: Support for Re -zoning Request
Mr. Bailey,
Thank you for your email. Planning will include your email in the report to the Planning Commissioners for the May 23
agenda.
Regards,
Andy Harrison
Development Coordinator
Planning Division
125 W. Mountain
City of Fayetteville, Arkansas 72701
aharrison@fayetteville-ar.gov)
T 479.575.8267 1 F 479.575.8202
Website
(-1 1 Y O
S 4*4 1 rev 11
ARKANSAS
From: Jerry [mailto:jdbailey@sbcglobal.net]
Sent: Monday, May 09, 2016 9:59 PM
To: Planning <planning@fayetteville-ar.gov>; citycouncil@matthewpetty.org; Gray, Adella <wardl_posl@fayetteville-
ar.gov>; Marsh, Sarah <wardl_pos2@fayetteville-ar.gov>
Subject: Support for Re -zoning Request
Planning, and council members,
Who do I contact regarding re -zoning requests? I'd like to voice my support for the rezoning request for the
property at the intersection of Mill Ave, and South Street. Historically, the neighborhood has always been a
mixed use zone. The street corner in question was once the home of a barbecue join. Across the street is a
motorcycle shop, and a block away, the building that now houses a massage business and water purifier
company was once a gay bar. None of these business have had a negative impact on the neighborhood. The
biggest eyesores in the neighborhood have always been the poorly kept residential yards, and lack of sidewalk
upkeep by residential property owners.
I'm glad to see some interest in revitalizing this neglected area of the block
Very Respectfully,
Jerry Bailey
Fayetteville, Arkansas
NoRTHwEsTARKANsAs
Demo�ML a �ett�e
�,-�%. F` X :W,"rµ FEET- AR_ j.2702 , < 7/9 442-I.00 PAX: 479.695 1115 ^ W b . ! A[.)6 UUi,
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. No. 5886
Was inserted in the Regular Edition on:
June 30, 2016
Publication Charges $ 72.80
&4 1 V, - � U )Z"j
Cathy Wiles
Subscribed and sworn to before me
This3'0 day ofJt*,\-2 , 2016.
Notary Public
My Commission Expires:7/ZZS
ASHLEY=CountY
Arkansas - WasNotary Public - CMy Commission E
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5886
File Number: 2016-0281
RZN 16-5425 (NW CORNER OF MILL
AVE. & SOUTH ST./THURMOND-
QUINLAN):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 16-5425 FOR
APPROXIMATELY 1.84 ACRES
LOCATED ALONG THE NORTHWEST
CORNER OF MILL AVENUE AND
SOUTH STREET FROM R-O,
RESIDENTIAL OFFICE, AND RMF-24,
RESIDENTIAL MULTI FAMILY, 24
UNITS PER ACRES TO DG,
DOWNTOWN GENERAL.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City
of Fayetteville, Arkansas hereby changes the
zone classification of the property shown on
the map (Exhibit A) and the legal
description (Exhibit B) both attached to the
Planning Department's Agenda Memo from
R-O, Residential Office, and RMF-24,
Residential Multi Family, 24 Units Per
Acres to DG, Downtown General.
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 6/21/2016
Approved: Attest:
Lioneld Jordan, Mayor Sondra E. Smith,
City Clerk Treasurer
73755089 June 30, 2016
RECEIVED
JUN 3 0 2016
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE