HomeMy WebLinkAboutOrdinance 6308113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6308
File Number: 2020-0338
IIIIIII IIIIII II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 019219160003 Type: REL
Kind: ORDINANCE
Recorded: 05/21/2020 at 01:38:29 PM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2020_00016310
RZN 20-7025 (1318 S. COLLEGE AVEJHOFFMAN TRUST -COLLEGE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-
7025 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 1318 SOUTH COLLEGE AVENUE
FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
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 RI-U,
Residential Intermediate -Urban.
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 5/5/2020
ox
VILLE ;
RZN20-7025
Close Up View
HOFFMAN TRUST -COLLEGE AVE.
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EXHIBIT 'A'
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Zoning Acres
RI-U 0.4
Total 0.4
20-7025
EXHIBIT 'B'
Lot Numbered Two (2), in Block Numbered Five (5), in Burl Dodd Addition to the City of Fayetteville, Arkansas,
as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
Subject to existing easements, building lines, restrictions and assessments of record, if any.
Washington County, AR
I certify this instrument was filed on
05/21/2020 01:38:29 PM
and recorded in Real Estate
File Number 2020-00016310
Kyle Sylvester - Circuit Clerk
y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0338
Agenda Date: 5/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
RZN 20-7025 (1318 S. COLLEGE AVE.IHOFFMAN TRUST -COLLEGE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7025 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 1318 SOUTH COLLEGE AVENUE
FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: 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 RI-U, Residential Intermediate -Urban.
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 51612020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0338
Legistar File ID
5/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/17/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RZN 20-7025: Rezone (1318 S. COLLEGE AVE./HOFFMAN TRUST -COLLEGE, 563): Submitted by LOREL HOFFMAN for
property located at 1318 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.18 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost?
Budget Adjustment Attached?
Budget Impact:
Current Budget
Funds Obligated
Current Balance
No Item Cost
NA Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 5, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Harry Davis, Planner
DATE: April 17.2020
CITY COUNCIL MEMO
SUBJECT: RZN 20-7025: Rezone (1318 S. COLLEGE AVE.IHOFFMAN TRUST -COLLEGE,
563): Submitted by LOREL HOFFMAN for property located at 1318 S. COLLEGE
AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.18 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to RI-U, Residential Intermediate, Urban, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located approximately 60 feet south of the intersection between College
Avenue and 13th Street, on the east side of College Avenue. The property is developed with a
single-family home and currently zoned NC, Neighborhood Conservation. In 2008, the property
was rezoned to NC, Neighborhood Conservation, as a part of the Walker Park Neighborhood
Master Plan.
Request: The request is to rezone the subject properties from NC, Neighborhood Conservation,
to RI-U, Residential Intermediate, Urban.
Land Use Compatibility: Land uses in immediate and general adjacency to the subject property
are diverse. Although Washington Avenue is mostly single-family in character, there are examples
of 2-, 3-, 4-, and multi -family dwellings throughout this portion of Walker Park. Staff also sees the
benefit of additional housing near a major City Park as an appropriate and ideal situation. With
due consideration for both the potential building types and forms, staff finds that the proposed
rezoning is generally compatible with adjacent land uses.
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. Since 2016, the City
Council has approved multiple rezoning actions in the Walker Park neighborhood that permit
construction of 2-, 3-, and 4-family dwellings in mid -block locations and adjacent to 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
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
policies of the City Council. In terms of City Plan 2040, this proposal does support Goal 2
(discouraging suburban sprawl) and Goal 6 (opportunities for attainable housing). Given this
direction, staff recommends future consideration of a larger, area -wide rezoning that involves
community input and promotion of a deliberate development pattern.
DISCUSSION:
At the March 23, 2020 Planning Commission meeting, this item was requested to be tabled by
the applicant. No public comment was heard. The Planning Commission voted 7-0-1 to table the
proposal until the next scheduled meeting. On April 13, 2020, the Planning Commission forwarded
the proposal to City Council with a recommendation for approval by a vote of 8-0-1. Commissioner
Hoffman recused. No public comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN20-7025
Close Up View
HOFFMAN TRUST -COLLEGE AVE. 20-7025
EXHIBIT 'A'
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EXHIBIT 'B'
Lot Numbered Two (2), in Block Numbered Five (5), in Burl Dodd Addition to the City of Fayetteville. Arkansas,
as per plat of said Addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas.
Subject to existing easements, building lines, restrictions and assessments of record, if any.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Harry Davis. Planner
MEETING DATE: April 13, 2020 UPDATED W PC RESULTS
SUBJECT: RZN 20-7025: Rezone (1318 S. COLLEGE AVE./HOFFMAN TRUST -
COLLEGE, 563): Submitted by LOREL HOFFMAN for property located at
1318 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.18 acres. The request is
to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN 20-7025 to City Council with a recommendation of approval
based on the findings contained in this report.
RECOMMENDED MOTION:
"I move to forward RZN 20-7025 to City Council with a recommendation for approval."
APRIL 13, 2020 PLANNING COMMISSION MEETING:
At the March 23, 2020 Planning Commission meeting, this item was requested to be tabled by
the applicant. No public comment was heard. The Planning Commission voted 7-0-1 to table the
proposal until the next scheduled meeting. Commissioner Hoffman recused during this item.
BACKGROUND:
The subject property is located approximately 60 feet south of the intersection between College
Avenue and 131h Street, on the east side of College Avenue. The property is developed with a
single-family home and currently zoned NC, Neighborhood Conservation. In 2008, the property
was rezoned to NC, Neighborhood Conservation, as a part of the Walker Park Neighborhood
Master Plan. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential
NC, Neighborhood Conservation
South
Single-family Residential
RI-U. Residential Intermediate Urban
East
Multi -family Residential
NC, Neighborhood Conservation
West
Walker Park
P-1. Institutional
Request: The request is to rezone the subject properties from NC, Neighborhood Conservation,
to RI-U. Residential Intermediate, Urban.
Public Comment: Staff has received no public comment regarding the request.
INFRASTRUCTURE:
Streets: The subject area has frontage to South College Avenue. South College Avenue
is a partially improved Residential Link with asphalt paving and curb and gutter
along the property's frontage. Any street improvements required in these areas
would be determined at the time of development proposal.
Water: Public water is available to this parcel. An existing 6-inch watermain is present
along South College Avenue that can serve parcel 765-03357-000.
Sewer: Sanitary Sewer is available to this parcel. An existing 6-inch sanitary sewer main
is present along South College Avenue.
Drainage: Any additional improvements or requirements for drainage will be determined at
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 throughout the entire
subject area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 1, located at 303 W. Center, will protect the site. The property is located
approximately 1.2 miles from the fire station with an anticipated drive time of
approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 minutes. Within the City Limits, the Fayetteville Fire
Department has a response time goal of 6 minutes for an engine and 8 minutes
for a ladder truck.
Police: The Police Department did not 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 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.
Given this direction, staff recommends future consideration of a larger, area -wide rezoning
that involves community input and promotion of a deliberate development pattern.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
&\ETC\Development Services Review\2020\Development Services\20-7025 RZN 1318 S. College
Ave (Hoffman Trust -College) 563\
planning objectives, principles, and policies and with land use and zoning plans.
Finding: In staff's opinion, the requested rezoning is generally consistent and
compatible with both current land use and City land use plans.
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. As stated earlier in this report, the City Council has
approved multiple rezoning actions over the last two years allowing 2-, 3-,
and 4-family dwellings 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. In terms
of City Plan 2040, this proposal does support Goal 2 (discouraging suburban
sprawl) and Goal 6 (opportunities for attainable housing).
Land Use Compatibility: Land uses in immediate and general adjacency to
the subject property are diverse. Although Washington Avenue is mostly
single-family in character, there are examples of 2-, 3-, 4-, and multi -family
dwellings throughout this portion of Walker Park. Staff also sees the benefit
of additional housing near a major City Park as an appropriate and ideal
situation. With due consideration for both the potential building types and
forms, staff finds that the proposed rezoning is generally compatible with
adjacent land uses.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The rezoning is justified and needed to increase infill opportunities for the
subject property and provide more housing.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning and redevelopment of the property under RI-U, with its lack of
density requirements, has the potential to increase traffic on College
Avenue. That said, the size of the property, totaling around 0.18 acres, will
naturally restrict the number of potential dwellings, and thus the possibility
of increased traffic danger and 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 RI-U zoning district will result in an increase population density, but staff
does not anticipate an undesirable increase in potential impact on City
facilities. Fayetteville Public Schools did not share any comment regarding
the request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
G:\ETC\Development Services Review\2020\Development Services\20-7025 RZN 1318 S. College
Ave. (Hoffman Trust -College) 563\
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 20-7025 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: April 13, 2020 O Tabled O Forwarded O Denied
Motion: Belden Motion to forward to CC recommending approval
: Brown
Motion passes; Commissioner Hoffman recused
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.12 — RI-U, Residential Intermediate - Urban
o §161.29 - NC, Neighborhood Conservation
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
&\ETC\Development Services Review\2020\Development Services\20-7025 RZN 1318 S. College
Ave. (Hoffman Trust -College) 563\
161.12 - District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a range of housing types
compatible in scale with single-family homes and to encourage a diversity of housing types to meet
demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster 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 5 Government facilities
Unit
Limited business
12a
Unit 24 Home occupations
Unit 26 Multi -family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum
(E) Setback Requirements
Side SideRear Rear, from
Front Other Single &Other centerline
Two (2)
Uses Uses of an alley
Family
A build -to zone
that is located
between the front
property, line and None 5 feet 5 feet
a line 25 feet from
the front property
line. I
(F) Building Height Regulations.
Building height maximum 12 stories/3 stories*
12 feet
* 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 two (2) stories.
Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-
way shall have a maximum height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, § I (Exh. A), 1 1-2 l -17: Ord. No. 6245. §2,
10-15-2019)
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 Single-family dwellings
Unit 41 Accessory dwellings
i
(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
i
Unit
Limited business*
12a I
I
Unit 24 : Home occupations
Unit 25 ! Offices, studios, and related services
1 Center for collecting recyclable
Unit 28 ;
I 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.
All dwelling types 40 feet
(2) Lot Area Minimum. 4,000 square feet
(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 5 feet
Rear 5feet
Rear, from
center line 12 feet
of an alley
(F) Building Height Regulations.
Building Height Maximum 3 stories
(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>; Ord. No. 5921 , § 1, 11-1-16;
Ord. No. 5945 , § § 5, 7-9, l - l 7-17; Ord. No. 6015, § 1(Exh. A), 11-21-17; Ord. No. 6211 , § 1, 8-
6-19)
02/12/2020
1318 S. College Statement of Compatibility
Compatibility:
RI-U allows exactly the sort of small footprint attached and detached residential buildings that have long
been prevalent in the Walker Park neighborhood. Build -to requirements and other aspects of the code
ensure that new construction will properly address the public way with a presence and scale that is
complementary to existing context.
Adverse impacts:
The mix of By -Right and Conditional land uses in RI-U are substantially similar to those already present in
the neighborhood. Accordingly, RI-U presents no adverse impacts.
Thank you for your consideration.
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RECEIVED
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AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting
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 6308
Was inserted in the Regular Edition on:
May 17, 2020
Publication Charges: $79.04
Brittany Smith
Subscribed and sworn to before me
This go day of 6I*'; 2020.
Notary Public U
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
:1UN 012020
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Ordinance: 6308
File Number: 2020-0338
RZN 20-7025 (1318 S. COLLEGE
AVE./HOFFMAN TRUST -COLLEGE):
AN ORDINANCE TO REZONE
THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7025
FOR APPROXIMATELY 0.18 ACRES
LOCATED AT 1318 SOUTH
COLLEGE AVENUE FROM NC,
NEIGHBORHOOD CONSERVATION
TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
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 RI-U,
Residential Intermediate -Urban.
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 5/5/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75269953 May 17, 2020