HomeMy WebLinkAboutORDINANCE 6187113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6187
File Number: 2019-0267
RZN 19-6618 (1372 S. COLLEGE AVE./MILWEE):
ARCHIVED
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII
Doc ID: 018629840003 Type: REL
Kind: ORDINANCE
Recorded: 06/10/2019 at 03:19:26 PM
Fee Amt: $25.00 Page 10 3
Washington COuntY, AR
Kyle Sylvester Circuit Clerk
File2019--00016650
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6618 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 1372 SOUTH COLLEGE AVENUE
FROM NC, NEIGHBORHOOD CONSERVATION TO NS -L, NEIGHBORHOOD SERVICES -LIMITED
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 NS -L,
Neighborhood Services -Limited.
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 5/21/2019
Approv Attest:
G.�.. �.� . GAS Y 0 •`;G
Lioneld Jo ayor Lisa Branson, Deputy hCi ;kAYETTEVILLE•�• �
Page 1 �� 'S' plioted on
RZN 19-6618 M I L LW E E 19-6618
Close Up view EXHIBIT 'A'
1-1
12TH ST
�pL
a M
islh ST
U
Q DG
Subject Property z
O
> C7
Q Z
LUuj
=
c� cn
J
O
U
P-1
RMF -24
R -A
Legend
' I Planning Area
- - - Feet
- - Fayetteville City Limits
Shared Use Paved Trail 0 75 150 300 450 600
Building Footprint 1 inch = 200 feet
A&
NORTH
Zoning Acres
N/A 0.2
Total 0.2
19-6618
EXHIBIT 'B'
RE: Legal Description for 1372 S. College Ave. (765-03359-001)
A part of Lots 4 & 5 all in Block 5, Berl Dodd Addition to the City of Fayetteville, Arkansas, as shown on
plat of record in plat record book 4, at page 219, plat records of Washington County, Arkansas; being
more particularly described as follows: Beginning at the SW corner of said Lot 5, said point being a 1/2 "
iron rebar; thence N 00°03'17" E, 76.1 feet along the East line of said Lots 4 & 5, to a set %:" Iron rebar;
thence N 89°05'32" E, 140.02 feet to a set %Z' Iron rebar on the East line of said Lot 4: thence S
00°03'17" W, 77.68 feet to a set %:" Iron rebar at the SE corner of said Lot 5; thence S 89`44'16" W,
140.00 feet to the Point of Beginning, and containing 0.25 acres, more or less.
Wasnington County, AR
I certify this instrument was filed on
06/10/2019 03:19:26 PM
and recorded in Real Estate
File Number 2019-00016650
Kyle Sylvester- ircuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
n-� Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2019-0267
Agenda Date: 5/21/2019 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 2
RZN 19-6618 (1372 S. COLLEGE AVE./MILWEE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6618 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 1372 SOUTH COLLEGE AVENUE
FROM NC, NEIGHBORHOOD CONSERVATION TO NS -L, NEIGHBORHOOD
SERVICES -LIMITED
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 NS -L, Neighborhood
Services -Limited.
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.
i
City of Fayetteville, Arkansas Page 1 Printed on 5/22/2019
City of Fayetteville Staff Review Form
2019-0267
Legistar File ID
5/21/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 5/3/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN 19-6618: Rezone (1372 S. COLLEGE AVE./MILLWEE, 563): Submitted by JESSE MILLWEE for property located at
1372 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.24
acres. The request is to rezone the property to NS -L, NEIGHBORHOOD SERVICES -LIMITED.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
LM FAYETTEVILLE
ARKANSAS
MEETING OF MAY 21, 2019
TO: Mayor, Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: May 3, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 19-6618: Rezone (1372 S. COLLEGE AVE./MILLWEE, 563): Submitted by
JESSE MILLWEE for property located at 1372 S. COLLEGE AVE. The property
is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately
0.24 acres. The request is to rezone the property to NS -L, NEIGHBORHOOD
SERVICES -LIMITED.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to NS -L, Neighborhood Services, Limited, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on the northeast corner of South College Avenue/Ella Street,
across from the main pavilion and tennis court area of Walker Park. Developed in 1949 with an
approximately 754 square foot single-family dwelling, the property includes Lot 5 and a portion of
Lot 4 of Block 5 of the Berl Dodd Addition subdivision. In 2008, the property was rezoned to NC,
Neighborhood Conservation, as a part of the Walker Park Neighborhood Plan.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to
NS -L, Neighborhood Services, Limited. The applicant has stated in their request letter that this
rezoning is necessary to facilitate the use of the property for a mobile food vendor. Mobile vendors
are only permitted in zoning districts where the vendor's use is a permitted use -by -right. The NC
zoning district does allow UU-12a, Limited Business, which includes small restaurants and retail,
but only as a conditional use.
Land Use Compatibility: A rezoning to NS -L will allow for residential development that is generally
comparable to other housing in the area, including narrow -lot, single-family residential to the north
and a two-family dwelling to the south. Although not currently represented in this portion of the
Walker Park neighborhood, the limited nonresidential uses permitted under the NS -L zoning
district are required to be developed with comparable setbacks, lot width, lot area, and building
height limitations as found in the ubiquitous NC zoning in the immediate vicinity. While a
conditional use permit under the existing NC zoning district may be a more appropriate means of
Mailing Address:
113 W. Mountain Street www.fayetteville-ar-gov
Fayetteville, Aft 72701
ensuring compatibility for a mid -block location, staff contends that rezoning the applicant's corner
location is, compatible with surrounding residential uses and Walker Park.
Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing
types while conserving the existing single-family fabric where it is intact. Additionally, the Plan
acknowledges the neighborhood's current mix of residential and nonresidential uses, including
some neighborhood commercial, and that this diversity of uses be reflected throughout the
neighborhood to ensure a traditional pattern of growth. As the lowest intensity zoning district in
Fayetteville to permit nonresidential uses by right, staff supports the application of NS -L to a
corner lot along a Collector Street with direct access to a major City park.
Further, the Walker Park Neighborhood Plan calls for an increased presence of residents and
pedestrians in the eponymous park itself as a means of addressing safety concerns. Rezoning
this property would make low -intensity nonresidential development more feasible, possibly
contributing to greater activity in this portion of Walker Park. A greater degree of activity in public
spaces has been associated with higher degrees of safety as residents take ownership and pride
in an area.
Lastly, and as stated earlier in this report, the City Council has approved multiple rezonings over
the last two years allowing 2-, 3-, and 4 -family dwellings and nonresidential uses in mid -block
locations amidst single-family dwellings. These recent decisions are viewed by staff as a shift in
the Walker Park Neighborhood Plan policies guiding staff to recommend that the current
rezoning request is in-line with land use policies of the City Council.
DISCUSSION:
On April 22, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-0-0. No public comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZ N 19-6618 M I L LW E E 19-6618
Close Up view I EXHIBIT W
FM
13TH ST
Subject Property Z
P-1 r 01 Proposed
.RMF -24
12TH ST
R -A
Legend
Planning Area
- - Feet
_._ Fayetteville City Limits
Shared Use Paved Trail 0 75 150 300 450 600
r Building Footprint 1 inch = 200 feet
SPL
NORTH
Zoning Acres
N/A 0.2
Tota 1 0.2
19-6618
EXHIBIT 'B'
RE: Legal Description for 1372 S. College Ave. (765-03359-001)
A part of Lots 4 & 5 all in Block 5, Berl Dodd Addition to the City of Fayetteville, Arkansas, as shown on
plat of record in plat record book 4, at page 219, plat records of Washington County, Arkansas; being
more particularly described as follows: Beginning at the SW corner of said Lot 5, said point being a 1/2 "
iron rebar; thence N 00°03'17" E, 76.1 feet along the East line of said Lots 4 & 5, to a set %z" Iron rebar;
thence N 89°05'32" E, 140.02 feet to a set %" Iron rebar on the East line of said Lot 4: thence S
00°03'17" W, 77.68 feet to a set %:" Iron rebar at the SE corner of said Lot 5; thence S 89°44'16" W,
140.00 feet to the Point of Beginning, and containing 0.25 acres, more or less.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: , April 22, 2019 (Updated with Planning Commission Results)
SUBJECT: RZN 19-6618: Rezone (1372 S. COLLEGE AVE./MILLWEE, 563):
Submitted by JESSE MILLWEE for property located at 1372 S. COLLEGE
AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.24 acres. The request is to rezone the property
to NS -L, NEIGHBORHOOD SERVICES -LIMITED.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6618 to City Council with a recommendation of approval
based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward RZN 19-6618 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on the east side of South College Avenue, between 131h Street to
the north and Ella Street to the south. Developed in 1949 with an approximately 754 square foot
single-family dwelling, the property includes Lot 5 and a portion of Lot 4 of Block 5 of the Berl
Dodd Addition subdivision. In 2008, the property was rezoned to NC, Neighborhood Conservation,
as a part of the Walker Park Neighborhood Plan. Surrounding land use and zoning is depicted in
Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Residential
RI -U, Residential Intermediate, Urban
South
---Single-family
2 -family Residential
NC, Neighborhood Conservation
East
Single-family Residential
NC, Neighborhood Conservation
West
Walker Park
P-1, Institutional
Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to
NS -L, Neighborhood Services, Limited. The applicant has stated in their request letter that this
rezoning is necessary to facilitate the use of the property for a mobile food vendor. Mobile vendors
are only permitted in zoning districts where the vendor's use is a permitted use -by -right. The NC
zoning district does allow UU-12a, Limited Business, which includes small restaurants and retail,
but only as a conditional use.
Public Comment: Staff has received no public comment regarding the request.
Planning Commission
April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 1 of 16
INFRASTRUCTURE:
Streets: The subject property has access to both South College Avenue and East Ella
Street, Master Street Plan -designated Collector and Local streets respectively.
College Avenue is partially -improved with asphalt paving and curb and gutter on
the property's frontage. Ella Street is unimproved with asphalt paving and an
open ditch on the property's frontage. Any street improvements required in this
area will be determined at the time of development proposal.
Water: Public water is available to the site. A 6 -inch water main runs along the College
Avenue right-of-way.
Sewer: Public sanitary sewer is available to the site. A 6 -inch sanitary sewer main runs
along the College Avenue right-of-way.
Drainage: Any additional improvements or requirements for drainage would be determined
at the time of development. No portion of the subject property lies within a FEMA
designated 100 -year floodplain, a Streamside Protection Zone, or the Hillside -
Hilltop Overlay District (HHOD). Hydric soils are present on this site and a
wetland evaluation may be required at the time of development proposal to
ensure compliance with state and federal guidelines.
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 Plan designates
the property within the proposed rezone as Complete Neighborhood Plan in association with
the Walker Park Neighborhood Plan. A central goal of this plan was to preserve single-family
neighborhoods while encouraging additional housing types and a mixture of uses. The plan states
that the neighborhood should have a balance of non-residential uses and housing for different
income levels. A major emphasis of the plan is connectivity and walkability, with a connection of
the street grid and improved mobility that will unify the neighborhood over time.
Since 2016, the City Council has approved multiple rezonings in the Walker Park neighborhood
that permit construction of 2-, 3-, and 4 -family dwellings and nonresidential uses in mid -block
locations and adjacent to single-family dwellings. Staff interprets these decisions as policy
direction from the Council for the Walker Park Neighborhood and has incorporated this direction
into this rezoning recommendation.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: A rezoning to NS -L will allow for residential
development that is generally comparable to other housing in the area,
including narrow -lot, single-family residential to the north and a two-family
dwelling to the south. Although not currently represented in this portion of
the Walker Park neighborhood, the limited nonresidential uses permitted
under the NS -L zoning district are required to be developed with comparable
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April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 2 of 16
lot width, lot area, and building height limitations as found in the ubiquitous
NC zoning in the immediate vicinity. While a conditional use permit under
the existing NC zoning district may be a more appropriate means of ensuring
compatibility for a mid -block location, staff contends that rezoning the
applicant's corner location is compatible with surrounding residential uses
and Walker Park.
Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a
variety of housing types while conserving the existing single-family fabric
where it is intact. Additionally, the Plan acknowledges the neighborhood's
current mix of residential and nonresidential uses, including some
neighborhood commercial, and that this diversity of uses be reflected
throughout the neighborhood to ensure a traditional pattern of growth. As
the lowest intensity zoning district in Fayetteville to permit nonresidential
uses by right, staff supports the application of NS -L to a corner lot along a
Collector Street with direct access to a major City park.
Further, the Walker Park Neighborhood Plan calls for an increased presence
of residents and pedestrians in the eponymous park itself as a means of
addressing safety concerns. Rezoning this property would make low -
intensity nonresidential development more feasible, possibly contributing to
greater activity in this portion of Walker Park. A greater degree of activity in
public spaces has been associated with higher degrees of safety as
residents take ownership and pride in an area.
Lastly, and as stated earlier in this report, the City Council has approved
multiple rezonings over the last two years allowing 2-, 3-, and 4 -family
dwellings and nonresidential uses in mid -block locations amidst single-
family dwellings. These recent decisions are viewed by staff as a shift in the
Walker Park Neighborhood Plan policies guiding staff to recommend that the
current rezoning request is in-line with land use policies of the City Council.
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 to allow for development of
the property that is compatible with adjacent land uses. Staff generally
agrees with this assertion, recognizing that this portion of the Walker Park
Neighborhood Plan is distinct given its immediate access to Walker Park
itself and the College Avenue transportation corridor. Rezoning the property
to NS -L will permit land uses that are limited in intensity and complementary
to the area's existing development pattern.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: This proposal is not expected to increase traffic danger or congestion to a
significant degree over the existing zoning. Future development will be
subject to City street design and access management standards. The
property's location on a Collector Street will direct vehicular traffic towards
major corridors rather than in to nearby established neighborhoods.
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1372 S. College Ave. (Millwee) 563\03 Planning Commission\04-22-2019 Planning Commission
April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 3 of 16
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 NS -L zoning district includes a density limitation of 10 units per acre,
which is identical to the existing NC zoning district. As such, staff does not
anticipate an undesirable increase in potential impact on City or Fayetteville
Public Schools facilities.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 19-6618 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: April 22, 2019 O Tabled ® Forwarded O Denied
Motion: Canada, with a recommendation of approval
Second: Niederman
Vote: 7-0-0
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Agenda Item 15
19-6618 Millwee
Page 4 of 16
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.18—NS-L, Neighborhood Services, Limited
o §161.29 - NC, Neighborhood Conservation
• Request letter
• Walker Park Neighborhood Illustrated Plan Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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Agenda Item 15
19-6618 Millwee
Page 5 of 16
161.18 - NS -L, Neighborhood Services - Limited
(A) Purpose. The NS -L Neighborhood Services - Limited district is designed to serve as a mixed use area of low
intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a
residential zone.
(B) Uses.
(1) Permitted Uses
Unit 1 1City-wide
uses by right
I Unit 8
Unit 9
Single-family dwellings
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12a
Limited Business
Unit 24
Unit 41
Home occupations
nits
Accessory dwelling units --
U
Unit 44
I Cluster housing development
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.
a
Unit 2
Unit 3
Unit 4
Unit 5
Unit 13
City-wide uses by conditional use
Public protection and utility facilities
Cultural and recreational facilities
Government facilities
Eating places
Unit 15
Neighborhood shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36 !
Wireless communication facilities"
Unit 40 !
Sidewalk cafes
Unit 45
Small scale production
(C) Density.
Units per acre Ten (10) or less
(D) Bulk and Area.
(1) Lot Width Minimum.
Single-family 35 feet
Two (2)family 35 feet
Three or more 35 feet
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Agenda Item 15
19-6618 Millwee
Page 6 of 16
All other uses None
Lot Area Minimum.
Single-family ! 4,000 square feet
Two (2) family or 3,000 square feet of lot area per
more dwelling unit
All other permitted
and None
conditional uses
(E) Setback Regulations.
Front:
A build -to zone that is located between 10
1
and 25 feet from the front property line.
Side
5 feet
Rear
15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
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April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 7 of 16
161.29 - 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
line.
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) and four (4) family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios and related services
j Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk
and Area Regulations.
(1)
Lot Width Minimum.
Single Family 40 feet
Two Family80 feet
Three Family 90 feet
(2)
Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
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Agenda Item 15
19-6618 Millwee
Page 8 of 16
A build -to zone that is located
Front
between the front property line and a
line 25 feet from the front property
line.
Side
5 feet
Rear
5 feet
Rear, from
center line of
12 feet
an alley
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19-6618 Millwee
Page 8 of 16
(F) Building Height Regulations.
Building Height Maximum 3 stories
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Agenda Item 15
19-6618 Millwee
Page 9 of 16
March 4, 2018
City of Fayetteville
113 W. Mountain St.
Fayetteville, AR 72701
Attn: Planning Department
RE: 1372 S. College Ave. Rezoning Request
Dear Staff,
I, Jesse Millwee, on behalf of the owner am requesting a rezoning to allow for a mobile vendor/ food
truck at 1372 S. College. The current NC zoning doesn't allowfor this particular CUP. The site is
approximately 0.25 acres and has two curb cuts. One curb cut is off of S. College Ave. and would be
utilized for a food truck or two. The other curb cut is off E. Ella St. and would serve the existing
residence or a second food truck. Below, is additional information regarding the request.
I am formally requesting 1372 S. College, Fayetteville, AR to be rezoned from NC, Neighborhood
Conservation, to NS -L Neighborhood Services Limited.
A. We are not anticipating any sales outside of the current family ownership.
B. As mentioned above we are requesting the zoning change because the current zoning,
Neighborhood Conservation, doesn't allowfor eating places or food trucks as a Conditional
Use Permit or otherwise.
C. The intent is for the mobile vendor to serve park users that would otherwise already be at
Walker Park for ballgames, neighbors, events or everyday park visitors. This property is near
the intersection of 15th and S. College, less than one block. North of this property is RI -U. As
a corner property between a somewhat dense residential zoning and a much larger corridor
intersection, Downtown —General, is the perfect zoning.
D. Both water and sewer exist along S. College Ave.
E. This property would fulfill a need for both affordable housing, a guiding principle for the City
Council by allowing for smaller residential rent since other income would offsetthe reduction
in rent due to inconvenience. This is infill at its finest utilizing already established parking,
paving and infrastructure.
F. Without the rezoning we won't be able to have model eating places.
G. The intent of the project is to serve the residence of the Walker Park neighborhood, and park
visitors that would otherwise already be at Walker Park for ballgames, neighbors, events or
everyday passersbythat would already be there sowe don't foresee any increase in traffic.
H. We are not proposing any new residences. A miniscule increase would occur in water and
sewer demand. However, it has been proven and pointed out that downtown infill has a n
exponentially smaller increase on City infrastructure than development that would occur
outside of old, established neighborhoods and city centers.
I. As the land sits today, it's relatively undevelopable without tearing down the house. I believe
the neighborhood would be better served by keeping the house and expanding its use in an
urban fabric. Organic infill while keeping existing homes and infrastructure, I believe, is one
of the ultimate goals to making a vibrant, electric and expanding neighborhood.
There are several reasons the rezoning would not adversely affect or conflict with surrounding
properties and zoning and is actually very compatible with and an amenity to surrounding land uses. To
the north is RI -U where 3 homes are being built on small lots with relatively no yards. Essentially,
they're using the park across the street as their green space like many of the homes. The park is the
anchor to this corner of the neighborhood. This zoning would help anchor the corner of the
neighborhood and offer some much-needed amenities.
There is DG zoning 3 properties to the south, 200 feet away. If that's not negatively impacting the
surrounding area I don't see how this can. In addition, there are massive swaths of downtown general
and main street center 1 to 2 blocks to the east, encompassing nea rly 60 acres. Those areas don't seem
to be negatively impacting the neighborhood. So, we really don't see this being an issue and actually will
be an improvement.
The Walker Park Neighborhood has always been an eclectic area with a variety of ages, income groups
and ethnicities. Food trucks and parks have been synonymous with inner city neighborhoods for as long
as food trucks have existed. Afew Philly Cheesesteaks, a slice of pizza or a couple street tacos would
make a great addition to an already great neighborhood.
We thank you for your consideration of this proposal and please call with any questions,
Thank you, sincerely;
66g--�, - �,-
Jesse Millwee
(479) 530-1328
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Planning Commission
April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 12 of 16
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Planning Commission
April 22, 2019
Agenda Item 15
19-6618 Millwee
Page 12 of 16
Agenda Item 15
19-6618 Millwee
Page 13 of 16
RZN 19-6618
Close Up View
13TH ST
P-1
MILLWEE
Legend
w
a
Planning Area
" _ " Feet
i 1 Fayetteville City Limits I
R -A
— Shared Use Paved TrailI 0 75 150 300 4
fry 50
Building Footprint 1 inch = 200 feet
ELLA ST
• / H
ST
{
1 !
i
NORTH
Zoning Acres
N/A 0.2
Total 0.2
Planning Cotnmission
ApTI?22,2019
Agenda Item 15
19-6618 Millwee
Page 14 of 16
RZN19-6618 MILLWEE _
Current Land Use NORTH
e
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1 tr '.'" Mixed Use = p �jt' is.., y >� ''"1f' ,�;-�►.•�r
Residential
�13TH,ST
'P � � r
- -- - f=
' Subject Property
Mixed Use + .
x Park�,,� ;maw Residential tl +
a3 - ♦jlI Mixed Use
Residential
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Os �' —
�f Yom. ; � r 'i;• .. i
Streets Existing FEMA Flood Hazard Data
MSP Class
= COLLECTOR goo -Year Floodplain
; ;
® PRINCIPAL ARTERIAL Feet Floodway
�- - -
Planning Area 0 112.5 225 450 675 900
1 inch = 300 feet
Fayetteville City Limits
Planning Co mission
22, 2019
Agenda Item 15
19-6618 Millwee
Page 15 of 16
Agenda Item 15
19-6618 Millwee
Page 16 of 16
RECEIVED
JUN I.2 2019
CITY OF FAYEVIEV m.JE
CATY CLMS OF'f'i i�i
NORTHWEST ARKANSAS
Democratazette
x't'� "� <lE. �F .2'02 , ;I 442 r0��, PAX479-&M-M8 - .r°.WWWAD&C0M
AFFIDAVIT OF PUBLICATION
I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6187
Was inserted in the Regular Edition on:
June 6, 2019
Publication Charges: $ 66.30
ra qh I k'-%W1ii0Qq
Cathy St gs
' 6W
Subscribed and sworn to before me
This -4 day ofS..., 2019.
0�' � "
Notary Public
My Commission Expires:
CATHY VVUES
Qcntor Count,+
it Votny PuNic - Gnna ,: 1?' qZ� tC
i
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6187
File Number: 2019-0267
RZN 19-6618 (1372 S. COLLEGE
AVE./MILWEE):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6618 FOR
APPROXIMATELY 0.24 ACRES LOCATED
AT 1372 SOUTH COLLEGE AVENUE FROM
NC, NEIGHBORHOOD CONSERVATION TO
NS -L, NEIGHBORHOOD SERVICES -
LIMITED
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 NS -L, Neighborhood Services -
Limited.
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 5/21/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
74963672 June 6. 2019