HomeMy WebLinkAboutORDINANCE 5905a,_
AM
4"K A N 5'
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5905
File Number: 2016-0406
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 017122950003 Type: REL
Kind: ORDINANCE
Recorded: 10/24/2016 at 08:49:27 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2016_00031289
RZN 16-5521 (SE OF SOUTH ST. & S. COLLEGE AVE./FAYETTEVILLE RENTALS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 16-
5521 FOR APPROXIMATELY 0.67 ACRES LOCATED SOUTHEAST OF SOUTH STREET AND
SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
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 NC, Neighborhood Conservation to RSF-18, Residential Single
Family, 18 Units Per Acre.
,�ninu�ly
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby I t gal
zoning map of the City of Fayetteville to reflect the zoning change provided in SectioA 'A Y 0 z'•`�''
PASSED and APPROVED on 9/20/2016
KMA
Attest: *` .....
dA �, d � nq Lfw:
SondraE. Smith, CityClerkTreasureI
Page 1 Printed on 9121116
16-5521
EXHIBIT 'A'
RZN 16-5521
Close Up View
ROCK ST
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FAYETTEVILLE RENTALS
SOUTH ST
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4TH ST
uJ
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F-
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WSTH ST
Legend
Planning Area
L _ Fayetteville City Limits
Hillside -Hilltop Overlay District
Building Footprint
R-0
Subject Properties
Feet
0 75 150 300 450 600
1 inch = 200 feet
NORTH
47H g-r
r RMF-24
Residential -Office
Downtown Core
Main Street Center
Downtown General
Neighborhood Conservation
P-1
16-5521
EXHIBIT 'B'
LOT 2 SL= I OF OOMSS ADUTION, CITY OF
PAY6TTBVL M. WA0 4VGTON COON", ARKANSAS� AS
94OWN IN PLAT GOOK 4a PAGe Zap OR TW
wall- TON cowry uecoRDS
4C)TS I. 2 AND 8 CP 6LAWS SUMVISCK CITY OF
r-ATeTTI= Ue, WASF~CN COLWY, ARKANSAS. AS
SHOWN IN PLAT BOOK 4A, PAGE QI OF TIC
wAgHNGTON COWTY W OMS.
Washington County, AR
I certify this instrument was filed on
10/24/2016 08:49:27 AM
and recorded in Real Estate
File Number 2i 1 - 031289
Kyle Sylves SnT
lc
by
f City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0406
Agenda Date: 9/20/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 3
RZN 16-5521 (SE OF SOUTH ST. & S. COLLEGE AVE./FAYETTEVILLE RENTALS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
16-5521 FOR APPROXIMATELY 0.67 ACRES LOCATED SOUTHEAST OF SOUTH STREET
AND SOUTH COLLEGE AVENUE FROM NC, NEIGHBORHOOD CONSERVATION TO RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE
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 NC, Neighborhood Conservation to RSF-18,
Residential Single Family, 18 Units Per Acre.
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 912112016
Jeremy Pate
City of Fayetteville Staff Review Form
2016-0406
Legistar File ID
9/20/2016
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/2/2016 City Planning /
Development Services Department
Submitted By Submitted Date
Action Recommendation:
Division / Department
RZN 16-5521: Rezone (SE OF SOUTH ST. & S. COLLEGE AVE./FAYETTEVILLE RENTALS, 524): Submitted by THE INFILL
GROUP for properties SE OF SOUTH ST. & S. COLLEGE AVE. The properties are zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.67 acres. The request is to rezone the property to RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
Approval Date:
V20140710
CITY OF
Fayv**,*c1c—v—i I e CITY COUNCIL AGENDA MEMO
ARKANSAS
MEETING OF SEPTEMBER 20, 2016
TO: Mayor, Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: September 2, 2016
SUBJECT: RZN 16-5521: Rezone (SE OF SOUTH ST. & S. COLLEGE
AVE./FAYETTEVILLE RENTALS, 524): Submitted by THE INFILL
GROUP for properties SE OF SOUTH ST. & S. COLLEGE AVE. The
properties are zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.67 acres. The request is to rezone the property
to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
The City Planning staff and Planning Commission recommend approval of an ordinance to rezone
the subject properties to RSF-18, Residential Single-family, 18 Units Per Acre, as requested by
the applicant and as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject properties include approximately 0.67 acres located on the south side of East South
Street, between College and Washington Avenues. These four properties are zoned NC,
Neighborhood Conservation, comprising Lot 2 Block 1 of Combs Addition and Lots 1, 2, and 3 of
Elam's Subdivision. There are currently four single-family dwellings on site, served by gravel
drives off of either South Street or Washington Avenue.
In July of 2008 the subject properties, along with approximately 300 acres of the wider Walker
Park Neighborhood, were rezoned in accordance with the Walker Park Neighborhood Master
Plan (WPNMP). The owners of the subject properties at the time requested to be zoned DG,
Downtown General, rather than NC. Despite Planning Commission recommendation for approval
of the request the City Council chose to stand by the Walker Park public charrette process and
zoned the four properties NC.
In March of 2009 the owners applied to rezone the same four properties to DG. Following staff
feedback, the request was modified to only include a request to rezone the '/4 acre on the
southeast corner of College and South from NC to DG. This request was narrowly forwarded (5-
4) by the Planning Commission but decidedly denied by the City Council (1-7). Paralleling this
rezoning request was a lawsuit brought against the City of Fayetteville by the property owner.
Following a Motion of Summary Judgement by the City Attorney the plaintiffs representative
elected to pend the case, which has since been dismissed due to inaction.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Request: The request is to rezone the subject properties from NC, Neighborhood Conservation
to RSF-18, Residential Single-family, 18 Units Per Acre.
Land Use Compatibility: Land use in the area of the subject properties is largely single-family in
character, with some businesses located on South College and the intersection of Mill Avenue
and Huntsville Road. Reflecting its age, the neighborhood has a myriad of lot sizes and shapes
with single-family housing that is similarly varied. Considering this, a rezoning to RSF-18 will be
both compatible and consistent with the existing development patterns. The requirements
associated with the proposed zoning district encourage structures be built near the street in the
same way that the neighborhood's current housing stock exists while at the same time allowing
for a variety of densities.
Land Use Plan Analysis: The proposed rezoning is generally consistent with both City Plan 2030,
the Walker Park Neighborhood Master Plan, and the site's Future Land Use Map designation as
a part of a Complete Neighborhood Plan area. The RSF-18 zoning district allows for efficient
development of single-family detached housing in greater density than the existing NC zoning,
which can more readily facilitate infill development, create greater housing opportunities, and
facilitate the creation of a traditional town form. As it relates to the Walker Park Neighborhood
Master Plan, the proposed zoning will preserve the single-family character of this block, while also
providing a transition to the potentially more dense development that is permitted in Downtown
General zoning districts on the north side of South Street.
DISCUSSION:
Prior to the August 22, 2016 Planning Commission meeting the applicant requested that the
subject properties by rezoned from NC, Neighborhood Conservation to DG, Downtown General.
Following conversations with residents and staff, at the August 22"d meeting the applicant
amended the request to rezone the properties to RSF-18, Residential Single -Family, 18 Units per
Acre. At the August 22, 2016 Planning Commission the rezone request was forwarded with a
recommendation for RSF-18 on the subject properties. A motion by Commissioner Hoffman to
forward the proposal to the City Council with a recommendation for approval was made with a
vote of 7-0-1, with Commissioner Quinlan abstaining.
During the course of the Planning Commission's discussion, the applicant and Commissioners
expressed the need for a zoning district that more readily facilitates the development of "missing
middle" housing. This includes a wide variety of structures, ranging from duplexes and triplexes
to townhouses and courtyard apartments.
BUDGET/STAFF IMPACT:
N/A
Attachments:
■ Exhibit A
■ Exhibit B
■ Application
■ Planning Commission Staff Report
RZN 16-5521
Close Up View
MSC
ROCK ST
ua
s—
16-5521
EXHIBIT 'A'
FAYETTEVILLE RENTALS
SOUTH ST
4TH ST
w
a
F-
w
sTH sr
Legend
L — Planning Area
— Fayetteville City Limits
Hillside -Hilltop Overlay District
Building Footprint
R-0
Subject Properties
Feet
0 75 150 3100 450 600
1 inch = 200 feet
NORTH
RN1F-24
7,
4rh Sr
RMF-24
Residential -Office
Downtown Core
Main Street Center
Downtown General
® Neighborhood Conservation
P-1
16-5521
EXHIBIT BY
LOT 2 ILL= 1 CF OONft AMTIONI ary cF
FAY6TTEVUE. VVA$4NGTCN CQUNr'r, ASS A-5
SWOVYN JN FLAT BOOK Aa FAGe 730 OF THE
WASWMTON COLNTY PeCCUM
LOTS I, 1 AND 3 OF ELpM'S Sr~1MVISC . CITY CP
F=AYETMVLLe. WAS4,6TON COUN`i"Y, AQK4 A$% AS
S!•4C}14N PJ PLAT aOOK +4A, PAGE 91 OF T4-e
VVAS4NGTOjN CCLNTY RECO .
CITY OF FAYETTEVILLE, ARKANSAS
REZONING
FOR STAFF USE ONLY
FEE. $325.00
Dare 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:
Applicant (person making request):
Name: Morean Hooker
Favetteville Rentals LLC
Address:
E-mail:
Applicant x Representative
Representative (engineer, surveyor, realtor, etc.):
Name: Matthew Petty
Tnfill Group
Address: 100 West Center Street
Suite 202
Fayetteville, AR 7270
E-mail: matthew@infillgroup.com _
Phone: Phone:
( ) 479 601 3085 ( ) 479 595 8703
Fax: Fax:
Site Address / Location: Parcels on south side of South Street between College and Washington
Current Zoning District: NC Requested Zoning District: DG
Assessor's Parcel Number(s) for subject property: 765-04029-000, 765-05042-002, 765-05042-001, and
765-05042-000
FINANCIAL INTERESTS
The following entities and / or people have financial interest in this project:
Morgan Hooker, Matt Ieter
March 2014
Page I
APPLICANT/REPRESENTATIVE: I certify under penalty of perjury 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 belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation
of application completeness, determination, or approval. 1 understand that the City might not approve what I am
applying for, or might set conditions on approval.
Name (printed): Matthew PettyDale: June 27 2016
Signature: Ldl�l
PROPERTY OWNER(S) 1A UTHORIZED AGENT: I/we certify under penalty ofperjury that I 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 Oivners of Record (attach additional info if necessary):
Name ( rimed): Mo H110 Address:
5i nature:
Phone:
Dale: _14 0Z 2ol� ( _) 479 601 3085
Name (printed):
Address:
Signature:
Cate: Phone:
Rezoning Checklist:
Attach the following items to this application:
(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. wash ington.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
Ta vie
ARKANSAS
TO:
THRU:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
City of Fayetteville Planning Commission
Andrew Garner, City Planning Director
Jonathan Curth, Senior Planner
August 22, 2016 Updated with Planninq Commission Results
SUBJECT: RZN 16-5521: Rezone (SE OF SOUTH ST. & S. COLLEGE
AVE./FAYETTEVILLE RENTALS, 524): Submitted by THE INFILL
GROUP for properties SE OF SOUTH ST. & S. COLLEGE AVE. The
properties zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.67 acres. The request is to rezone the property to DG,
DOWNTOWN GENERAL.
RECOMMENDATION:
Staff recommends denial of RZN 16-5521 based upon the findings herein.
BACKGROUND:
The subject properties include approximately 0.67 acres located on the south side of East South
Street, between College and Washington Avenues. These four properties are zoned NC,
Neighborhood Conservation, comprising Lot 2 Block 1 of Combs Addition and Lots 1, 2, and 3 of
Elam's Subdivision. There are currently four single-family dwellings on site, served by gravel
drives off of either South Street or Washington Avenue.
In July of 2008 the subject properties, along with approximately 300 acres of the wider Walker
Park Neighborhood, were rezoned in accordance with the Walker Park Neighborhood Master
Plan (WPNMP). The owners of the subject properties at the time requested to be zoned DG,
Downtown General, rather than NC. Despite Planning Commission recommendation for approval
of the request the City Council chose to stand by the Walker Park public charrette process and
zoned the four properties NC.
In March of 2009 the owners applied to rezone the same four properties to DG. Following staff
feedback, the request was modified to only include a request to rezone the '/4 acre on the
southeast corner of College and South from NC to DG. This request was narrowly forwarded (5-
4) by the Planning Commission but decidedly denied by the City Council (1-7). Paralleling this
rezoning request was a lawsuit brought against the City of Fayetteville by the property owner.
Following a Motion of Summary Judgement by the City Attorney the plaintiff's representative
elected to pend the case, which has since been dismissed due to inaction.
Surrounding land use and zoning is depicted on Table 1.
Mailing Address:
113 W. Mountain Street www,fayetteville-ar.gov
Fayetteville, AR 72701
Table 1
Surrounding Land Use and Zonina
Direction from Site
Land Use
Zoning
North
Residential Single-family__DG,
Downtown General
South
Residential Single-family
_
NC, Neighborhood Conservation
East
Residential Single-famil
NC, Neighborhood Conservation
West
Residential Single-family
DG, Downtown General
NC, Neighborhood Conservation
Request: The request is to rezone the subject properties from NC, Neighborhood Conservation
to DG, Downtown General. Applicant amended their request to rezone the propertV from NC. Nei hborhood
Conservation to RSF-18, Residential Single -Family, 18 Units Per Acre
Public Comment: Staff has received significant public comment against this zoning request.
Concerns largely centered around a perceived disregard for the Walker Park Neighborhood Plan,
the frustration at having to confront another attempt to zone the property as Downtown General,
and fears that any development under the proposed rezoning will compromise the revitalization
that has occurred to this point.
INFRASTRUCTURE:
Streets: The subject parcels have access to College Avenue, East South Street, and
Washington Avenue. College Avenue is fully improved with curb/gutter, sidewalk,
and storm drainage. East South Street and Washington Avenue are completely
unimproved along the subject parcels' frontage. Any street improvements
required in these areas would be determined at the time of development
proposal.
Water: Public water is available to these parcels. There is an existing 6" water main in
the South Street right of way available for services.
Sewer: Sanitary Sewer is not available to the entire site. There is an existing 6" sewer
line in Washington Avenue which terminates at a manhole in the southeast
corner of the easternmost subject parcel. There is also an existing 8" sewer main
in the College Avenue right-of-way.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portions of these properties are identified as FEMA
regulated floodplains or floodways. No portions of these parcels lies within the
Hillside -Hilltop Overlay District. However, GIS indicates that slopes greater than
15% may exist on some portions of these parcels. At time of development, a
residential grading permit (similar to HHOD requirements) may be required.
Further investigation would be required.
Fire: The Fire Department did not express any concerns with this request.
Police: The Police Department did not express any concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Map designates
the properties as part of a Complete Neighborhood Plan Area associated with the Walker Park
Neighborhood Plan.
G:\ETC\Development Services Review\2016\Development Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
524\03 Planning Commission\08-22-2016
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: In staff's opinion, merits can be identified in either recommending approval
or recommending denial of the rezoning of the subject property from the
current NC, Neighborhood Conservation to the proposed DG, Downtown
General.
Land Use Compatibility: Due to the wide variety of uses allowed in the
proposed DG zoning district, it is difficult to uniformly assert its
compatibility with the surrounding land uses. On the one hand, a rezoning
to DG will allow for residential development that is generally comparable to
other housing in the area along with low -intensity commercial that can serve
the neighborhood. Small-scale restaurants and shopping locations coupled
with low- to medium -intensity residential have the potential to meet local
housing and shopping needs. In regards to both commercial and residential
uses, the limited area of the properties' size can act as its own constraint on
the intensity of the property.
On the other hand, the Walker Park Neighborhood Master Plan and its
associated rezoning are explicit in the desire to protect the single-family core
that makes up a large portion of the land use in the area, noting the
affordability and steady pace of rehabilitations and remodeling projects
occurring. A rezoning to DG comes with no density requirements, no side
setbacks, and a higher building height maximum. Coupled with multi -family
dwellings being a permitted use in the DG zoning district, this has the
potential to dramatically change the character of this block and possibly a
wider portion of Walker Park. That said, even with the development
constraints created by the properties' area, any land use other than single-
family detached housing has the potential to create incompatibility with both
the existing adjacent Walker Park housing, and the Walker Park
Neighborhood Master Plan itself.
Land Use Plan Analysis: When considered together, Fayetteville's
overarching City Plan 2030 and the more localized Walker Park
Neighborhood Master Plan appear to be at odds regarding the rezoning
request for the subject properties. While City Plan 2030 calls for infill
development and expanding housing opportunities, the zoning approved by
City Council with the support of many Walker Park residents seeks to
preserve the existing single-family housing stock while clearly designating
areas desired for commercial development. Although one document does
not trump the other, specific neighborhood plans are often given deference
due to the more fine-grain and intimate process that sees the creation of
detailed goals and a vision that advocate for the interests of a smaller sub-
set of residents for their immediate surroundings.
That said, in many ways the rezoning of these properties to DG can create a
logical extension and transition of those areas zoned similarly to the north,
northwest, and northeast. The requested rezoning creates the potential for a
G:\ETC\Development Services Review\2016\Development Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
524\03 Planning Commission\08-22-2016
local commercial node on College Avenue and South Street that connects to
the existing businesses on Mill Avenue. Alternatively, or perhaps
complimentarily, a rezoning to DG permits infill redevelopment of the
properties to more intensive residential uses.
Unfortunately, the same points that support the current rezoning request
also create a conflict with one of the indisputable purposes of the Walker
Park Neighborhood Master Plan: the conservation of the existing
neighborhood. The public charrette process for the Walker Park
Neighborhood Master Plan saw significant public input from hundreds of
residents who advocated to rezone the entirety of this area to foster diverse
housing and density in some areas while preserving established single -
neighborhood families in others.
While it is undoubtedly expedient for justifying this rezoning to note the
properties zoned Downtown General to the northwest, north, and northeast
of this property, it is important to also acknowledge two points to the
contrary. Firstly, and as mentioned, these properties have been considered
twice for rezoning to Downtown General. Both times the neighbors
expressed vocal opposition to what was perceived as the forfeiture of
principles upon which the Walker Park Neighborhood Master Plan was
founded. Both times this opposition found support from the City Council
which voted to deny the proposed rezoning. Although it is important to
realize that area -wide rezonings such as that associated with the Walker Park
Neighborhood Master Plan are subject to reevaluation, it is equally critical to
maintain consideration for the vision of residents, particularly when
enshrined in adopted policy.
Secondly, the decision to forward this rezoning can potentially trigger
further encroachment in to this area of established neighborhoods. Certainly
every rezoning request is to be considered independently of those that
preceded it, but every rezoning request also considers the compatibility of
adjacent zoning and land use. If these properties are rezoned and
redeveloped to a pattern more commonly found in areas zoned DG, this may
itself become justification for further impinging on the established single-
family housing of Walker Park.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Based on the applicants' submittal, the rezoning is justified and needed to
allow redevelopment of the property for single-family and `missing middle'
housing. Although there is not one accepted definition of missing middle
housing, it is generally accepted to encompass everything from duplexes
and triplexes to multi -story townhouses and courtyard apartments. The
existing NC zoning district only permits single-family dwellings by right, and
two-family dwellings by conditional use.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
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Finding: Rezoning the property to Downtown General, with its lack of density
requirements, has the potential to increase traffic in this area as the site
develops. Given the size of the development however, any increase in
vehicular trips in the area will not appreciably increase traffic danger or
congestion.
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 overall size of the property will limit the density of future development,
thereby also limiting undesirable increases on the burden of schools or City
services.
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 denial of RZN 16-5521, finding that the proposed zone allows
development that is incompatible with the principles set forth in the Walker Park Neighborhood
Master Plan, as evidenced by the significant amount of past and current neighborhood opposition,
along with two decisions to deny the request for higher density zoning by the City Council.
PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2016 O Tabled ® Forwarded O Denied
Motion: Hoffman Second: Autry Vote: 7-0-1 (Quinlan Abstained)
CITY COUNCIL ACTION: Required YES
Date: O Approved O Denied
BUDGET/STAFF IMPACT:
None
At the 8/22 Planning Commission meeting the
applicant amended their request to rezone the
property from NC, Neighborhood Conservation
to RSF-18, Residential Single -Family, 18 Units
Per Acre rather than DG, Downtown General.
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Attachments:
■ Unified Development Code §161.26 (DG zoning)
■ Unified Development Code §161.27 (NC zoning)
■ Request Letter
■ Letter from the Public
■ Walker Park Neighborhood Illustrative Map
■ One Mile Map
■ Close -Up Map
■ Current Land Use Map
■ Future Land Use Map
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161.26 - 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 goods
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.
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit j
Unit 3 ' Public protection and utility facilities
Unit 14 Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 40 `
Sidewalk Cafes
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum
G:\ETC\Development Services Review\2016\Development Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
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Dwelling (all unit types) 18 Feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
A build -to zone that is located
Front between the front property line and a
line 25 feet from the front property
line
Side None
Rear 5 feet 1
Rear, from
center line of 12 feet
an alley
(F) Minimum Buildable Street Frontage. 50% of lot width.
(G) Building Height Regulations.
Building Height Maximum 56 feet
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5312, 4-20-10; Ord No. 5462, 12-6-11; Ord No 5592, 6-
18-13; Ord. No, 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, § 1(Exh. A), 10-6-15)
GAETC\Development Services Review\2016\Development Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
524\03 Planning Commission\08-22-2016
161.27 - Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9
Two (2) family dwellings
Unit 10
Three (3) family dwellings
Unit 12
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services��
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cottage Housing Development
(C) Density.
Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1)
Lot Width Minimum.
Single Family 40 feet
__.........
Two Family 80 feet
Three Family 90 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
i A build -to zone that is located
Front between the front property line and a 1
1
line 25 feet from the front property
line.
Side 5 feet
f
Rear 5 feet
G:\ETC\Development Services Review\2016\Develop ment Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
524\03 Planning Commissionk08-22-2016
Rear, from
center line of 12 feet
an alley
(F) Building Height Regulations.
BwIding Height Maximum 45 feet
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800, § 1(Exh. A), 10-6-15)
GAETC\Development Services Review\2016\Development Review\16-5521 RZN SW of South & Washington (Fayetteville Rentals)
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Written description of rezoning request
Prepared 6/27/2016 for parcel: 765-04029-000, 765-05042-002, 765-05042-001, _and765-05042-000.
a) Current ownership information and any proposed or pending property sales.
The current owner Fayetteville Rentals LLC and there are no pending sales.
b) Reason (need) for requesting the zoning change.
The owner is planning to develop single-family and missing middle housing types.
c) Statement of how the proposed rezoning will relate to surrounding properties in terms of land
use, traffic, appearance, and signage.
The proposed rezoning is consistent with surrounding properties. In terms of land use, the
surrounding properties are single family detached units. In terms of traffic, South College Avenue
has excess capacity. In terms of appearance and signage, the design standards of DG will ensure that
any new development is contextually sensitive to the existing neighborhood character.
d) Availability of water and sewer (state size of lines).
The site is served by a 6" water line in the South Street ROW and an 8" sewer line in the College
Avenue ROW. The owner understand a sewer line extension may be deemed necessary at the time
of development review.
e) The degree to which the proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans.
The proposed zoning is consistent with City Plan 2030 and the Walker Park Neighborhood Master
Plan. Given the surrounding land uses, DG allows for appropriate infill and advances Fayetteville's
goal to grow a livable transportation network. The geometry of the parcels prohibits the most
intense forms of development allowed under DG.
f) Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed rezoning is needed to allow for a financially feasible number of single-family detached
and low -intensity missing middle dwelling units to be developed on the site. It is justified by the
proximity to a major transportation corridor (7113) and Downtown Fayetteville.
g) Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed rezoning will not create a traffic danger or appreciably increase congestion.
h) Whether the proposed zoning will alter the population density and thereby undesirably increase
the load on public services including schools, water, and sewer facilities.
While the proposed rezoning will alter the population density, it will not undesirably increase the
load on public services. A moderate increase in density also increases the operating and/or
maintenance efficiencies of public services: it allows more children to be bussed per mile and more
residents to be served per linear foot of water or sewer line.
Why it would be impractical to use the land for any of the uses permitted under its existing zoning
classification.
NC zoning does not allow missing middle housing types, such as dignified 4- or 6-plexes to be
developed.
RZN 16-5521
Letter from the Public
August 4, 2016
Planning Commission
City of Fayetteville
Fayetteville, Arkansas 72701
This letter is in response to the proposed re -zoning of the corner of South & College (RZN16-5521).
I am opposed to this rezoning,
Please consider the following information when making your decision:
1. Many of the residents of this neighborhood, including myself, moved here when this part of
town was not very nice and have invested many years of sweat equity improving our properties
and making the neighborhood as attractive as it is now. Their goal, including my own, was to
help restore and preserve the "diamond in the rough" neighborhood as a community of single
family residences. I believe the stability offered by the Neighborhood Conservation zone, as
opposed to the former RMF 24 zone, has helped our neighborhood transform itself into one of
Fayetteville's more desirable neighborhoods in which to live and raise a family.
In 2007 and 2008 hundreds of residents participated in the Walker Park Master Plan charrettes.
We understood South Street would be the boundary line between Downtown General and
Neighborhood Conservation zones. The majority of us living on South Street have been generally
ok with this, even knowing that someday the north side of our street could radically change.
However, we want to hold the line at South Street and are not ok with creeping
commercialization that Downtown General zoning would allow further south. It would be a
shame to destroy the charm of the rest of the neighborhood by allowing single family residences
to be replaced with apartment complexes or commercial businesses that Downtown General
zoning would allow.
When an attempt to re -zone this property was made in 2009, neighbors obtained 282 signatures
of people opposed to the rezoning and the City Council agreed with us to keep the
Neighborhood Conservation Zone.
4. Please support Fayetteville's Master Plan and the residents who helped make it possible and
leave the Neighborhood Conservation zones as they are.
Thank you,
C�4a�
Anthony Wappel
11 East South Street
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NORTHWEST ARKANSAS
Democrat (1�a�ette
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. 5905
Was inserted in the Regular Edition on:
September 29, 2016
Publication Charges $ 71.50
&
Cathy Wiles
Subscr bed and swoln to before me
This day o , 2016.
uw"w
1
(� 124-
o ary Public
My Commission Expires:
DAVE&
R
cn • �13
9 ¢ -
**NOTE**
1240
y ires 1o1?a\ J�A��
Please do not pay from Affidavit.'%StiiNGTON
Invoice will be sent.
''�asaa:tt°`°°
RECEIVEr)
OtT1Qti15
CITY cLERWS �1icE
Ordinance: 5905
File Number: 2016-0406
RZN 16-5521 (SE OF SOUTH ST. &
S.COLLEGE
AVE./FAYETTEVILLE
RENTALS):
AN ORDINANCE TO REZONE
THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 16-
5521 FOR APPROXIMATELY 0.67
ACRES LOCATED SOUTHEAST
OF SOUTH STREET AND SOUTH
COLLEGE AVENUE FROM NC,
NEIGHBORHOOD
CONSERVATION TO RSF-18,
RESIDENTIAL SINGLE FAMILY,
18 UNITS PER ACRE.
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 NC, Neighborhood
Conservation to RSF-18, Residential
Single Family, 18 Units Per Acre.
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
9/20/2016
Approved: Attest:
Lioneld Jordan, Mayor
Sondra E. Smith, City
Clerk Treasurer
73867297 Sept29,2016