HomeMy WebLinkAboutOrdinance 6313z
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 019244270003 Type: REL
Kind: ORDINANCE
Recorded: 06/05/2020 at 09:33:10 AM
Fee Amt: $25.00 Page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File2020-00018236
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6313
File Number: 2020-0282
RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-
7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT ROAD
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units
Per Acre to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby mends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 5/19/2020
WLioneldrd
Attest:
``�•. G\lY
' FAYE •�' `�— TTEVILLE ;
a Kara Paxton, City Clerk Treasure
s' ..?kANSP� • ••
Ain —
Page 1 Printed on 5119120
RZN20-7014 TILLMAN B, LLC
Close Up View
MAXWELL-DR
11-1 1 RS F-4
IZI-12
z
Subject Property 51 RSI -K
13,
QQ
HENDRIX.� r Q
w [RI
CO)P d wW Q
= z
fW o
— MOUNT- COMF
o/�T RD a
CEDAR ST.
Legend
Trail (Proposed)
Planning Area
Fayetteville City Limits
Building Footprint
Feet
0 75 150 300 450
1 inch = 200 feet
600
20-7014
EXHIBIT 'A'
Zoning Acres
RI-U 0.3
Total 0.3
20-7014
EXHIBIT 'B'
LEGAL DESCRIPTION - PARCEL: 765-06293-000:
A part of the Lot Two (2), Block Number Three (3), Hendrix Addition to the City of
Fayetteville, Arkansas, as per Plat of said addition on file in the Land Records of
Washington County, Arkansas, and being described as follows: Commencing at the
NW Corner of said Lot Two, thence S87'33'56"E 50.00 feet to the POINT OF
BEGINNING; thence S87033'56"E 50.00 feet, thence S02'47'33"W 244.16 feet, thence
N72°53'05"W 51.60 feet, thence N02047'33"E 231.08 feet to the POINT OF
BEGINNING, Containing 0.27 acres, more or less, subject to easements and right of
ways of record.
Washington County, AR
I certify this instrument was filed on
06/05/2020 09:33:10 AM
and recorded in Real Estate
File Number 2020-00018236
Kyle Sylvester - Circuit Clerk
y
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
s
,. Text File
File Number: 2020-0282
Agenda Date: 5/19/2020 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B 1
RZN 20-7014 (1324 W. MT. COMFORT RD./TILLMAN B, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7014 FOR APPROXIMATELY 0.27 ACRES LOCATED AT 1324 WEST MOUNT COMFORT
ROAD FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE 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 RSF-4, Residential Single Family, 4 Units Per Acre 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 512012020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0282
Legistar File ID
4/21/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/3/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC., 404): Submitted by BLAKE JORGENSEN for
property located at 1324 W. MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contains approximately 0.27 acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance ! $ -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 21, 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 3, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC., 404):
Submitted by BLAKE JORGENSEN for property located at 1324 W. MT.
COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contains approximately 0.27 acres. The request is to
rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
The Planning Commission recommends approval of an ordinance to rezone the subject property
to RI-U, Residential Intermediate, Urban, as shown in the attached Exhibits `A' and `B'. Staff
recommends denial of the request but would support re -zoning the property to RSF-8.
BACKGROUND:
The subject property is a residential lot of 0.27 acres between Addington Avenue and Stephens
Avenue north of Mount Comfort Road in the Hendrix Subdivision. The property has frontage onto
Mount Comfort Road and Hendrix Street, is zoned RSF-4, Residential Single-family, 4 units per
acre and houses a single-family home built in the 1950s.
Request: The request is to rezone the property from RSF-4 to RI-U, Residential Intermediate,
Urban. The applicant intends to split the property and develop both street frontages.
Land Use Compatibility: Staff finds that the proposed rezoning is partly incompatible with adjacent
land uses. Land uses in immediate and general adjacency to the subject property are primarily
detached single-family dwellings, with the exception of existing multi -family dwellings to the south.
Although property to the west and south are zoned RMF-24, staff can only support higher density
on the southern part of the subject property adjacent to multi -family zoning. Having RI-U facing
both exterior to Mount Comfort and interior to the neighborhood would be incompatible with the
largely single-family character of the Hendrix Subdivision and its pattern of larger yards and
setbacks.
Land Use Plan Analysis: Staff believes that the proposal is partly incompatible with the goals in
City Plan 2040, adopted land use policies, and the future land use designation for this location.
This property, designated as a Residential Neighborhood Area, envisions primarily residential
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
uses in a variety of complimentary building types and configurations. RI-U would allow a higher
range of residential types and density not allowed in the current zoning district and in an infill
location (Goal 1), which is consistent with some of the City's land use goals and policies. However,
it would also allow a different residential character and type within a largely single-family
neighborhood, which would not meet what staff considers to be "appropriate" infill. Additionally, a
build -to zone would encourage buildings to be located closer to the street, but surrounding
property all have between a 20-foot and 60-foot setback from streets and rights -of -way. Staff does
acknowledge that RI-U would potentially meet other City Plan 2040 goals, such as opportunities
for attainable housing (Goal 6), growing a livable transportation network (Goal 4), and
discouraging suburban sprawl (Goal 2).
Additionally, staff does not believe the proposal is justified, as the request could be tailored to
address each street frontage differently while increasing the overall development potential of the
property. In acknowledgement of the benefits that additional housing on this property can bring,
staff advised the applicant that RSF-8 would be more compatible and receive staff report. RSF-8
reflects the pre -established pattern of existing development in this mature neighborhood, with
small houses on narrow lots and front yard setbacks of at least 15-feet. RSF-8 would also allow
the lot to be split into two lots facing their respective streets.
DISCUSSION:
On March 9, 2020, the Planning Commission tabled the proposal by a vote of 8-0-0 to allow the
applicant time to discuss alternatives with staff. At that meeting, several neighbors spoke in
opposition to the proposal, while one neighbor supported the rezone. On March 23, 2020, the
Planning Commission forwarded the proposal to City Council with a recommendation for approval
by a vote of 6-2-0. Commissioners Garlock and Sharp were the dissenting votes. No public
comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN20-7014 TILLMAN B, LLC 20-7014
Close Up view EXHIBIT 'A'
RSF-4
HENDRIX.
W
Q
c
z
W
a
W— MOUNT. COMFORT.RD
CEDAR ST
Legend
Trail (Proposed)
Planning Area
Fayetteville City Limits
Building Footprint
Feet
0 75 150 300 450
1 inch = 200 feet
w
a
z
O
H
O
_z
0
0
MAXWELL-DR Q
RI-12
Z
O
H
0 W
W
Q
z
O
F-
O
z
0
0
r-CARTER ST
Zoninq Acres
RI-U 0.3
Total 0.3
20-7014
EXHIBIT 'B'
LEGAL DESCRIPTION - PARCEL: 765-06293-000:
A part of the Lot Two (2), Block Number Three (3), Hendrix Addition to the City of
Fayetteville, Arkansas, as per Plat of said addition on file in the Land Records of
Washington County, Arkansas, and being described as follows: Commencing at the
NW Corner of said Lot Two, thence S87°33'56"E 50.00 feet to the POINT OF
BEGINNING; thence S87033'56"E 50.00 feet, thence S02°47'33"W 244.16 feet, thence
N72053'05"W 51.60 feet, thence N020473YE 231.08 feet to the POINT OF
BEGINNING, Containing 0.27 acres, more or less, subject to easements and right of
ways of record.
%IF
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
Fayetteville Planning Commission
Jonathan Curth, Development Review Manager
MEETING DATE:
Harry Davis, Planner
March 23, 2020 UPDATED W PC RESULTS
SUBJECT: RZN 20-7014: Rezone (1324 W. MT. COMFORT RD./TILLMAN B, LLC.,
404): Submitted by BLAKE JORGENSEN for property located at 1324 W.
MT. COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.27 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
Staff recommends denial of RZN 20-7014.
RECOMMENDED MOTION:
"I move to deny RZN 20-7014."
MARCH 23rd, 2020 PLANNING COMMISSION:
This item was last heard at the March 91h Plannina Commission meetina. where it was tabled b
a vote of 8-0-0 to allow the applicant time to discuss alternatives with staff. At that meeting, several
neighbors spoke in opposition to the proposal, while one neighbor supported the rezone. Since
then staff has discussed changes with the applicant, but no formal change has been submitted.
Staff is still recommending denial of the proposal.
BACKGROUND:
The subject property is a residential lot of 0.27 acres between Addington Avenue and Stephens
Avenue north of Mount Comfort Road in the Hendrix Subdivision. The property has frontage onto
Mount Comfort Road and Hendrix Street, is zoned RSF-4, Residential Single-family, 4 units per
acre and houses a single-family home built in the 1950s. Surrounding land uses and zoning is
depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family
RSF-4, Residential Single-family, 4 units per acre
South
Future/Existing Multi -family
RMF-24, Residential Multi -family, 24 Units perAcre
East
Single-family
RSF-4, Residential Single-family, 4 units per acre
West
Single-family
RSF-4, Residential Single-family, 4 units per acre
Request: The request is to rezone the property from RSF-4 to RI-U, Residential Intermediate,
Urban. The applicant intends to split the property and develop both street frontages.
Public Comment: Staff has not received public comment on this item.
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 1 of 17
INFRASTRUCTURE:
Streets: This property has frontage to West Mount Comfort Road and West Hendrix Street.
West Mount Comfort Road is a partially improved Residential Link with asphalt
paving, curb and gutter, and open ditches. West Hendrix Street is a partially
improved Residential Link with asphalt paving and open ditches 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 8-inch watermain along West
Mount Comfort Road and 6-inch watermain along West Hendrix Street provide
access to parcel 765-06293-000.
Sewer: Sanitary Sewer is available to this parcel. An existing 6-inch sanitary sewer main
along West Mount Comfort Road and 6-inch and 12-inch sanitary sewer main
along West Hendrix Street provide access to this parcel.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of this property is identified as FEMA regulated
floodplains. There are no protected streams present in the subject parcel. No
portion of this parcel lies within the Hillside -Hilltop Overlay District. Hydric soils
appear to be present in the 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 2, located at 708 N Garland, will protect the site. The property is located
approximately 0.6 mile from the fire station with an anticipated drive time of
approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is
calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for
turn -out time. 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 expressed no 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 Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multifamily and row -
houses. Residential Neighborhood encourages highly connected, compact blocks with gridded
street patterns and reduced setbacks. It also encourages traditional neighborhood development
that incorporates low -intensity non-residential uses intended to serve the surrounding neighbor-
hood, such as retail and offices, on corners and along connecting corridors. This designation
recognizes existing conventional subdivision developments which may have large blocks with
conventional setbacks and development patterns that respond to features in the natural envi-
ronment.
FINDINGS OF THE STAFF
G:\ETC\Development Services Review\2020\Development Services\20-7014 RZN 1324
W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 2 of 17
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 Plan Analysis: Staff believes that the proposal is partly
incompatible with the goals in City Plan 2040, adopted land use policies, and
the future land use designation for this location. This property, designated
as a Residential Neighborhood Area, envisions primarily residential uses in
a variety of complimentary building types and configurations. RI-U would
allow a higher range of residential types and density not allowed in the
current zoning district and in an infill location (Goal 1), which is consistent
with some of the City's land use goals and policies. However, it would also
allow a different residential character and type within a largely single-family
neighborhood, which would not meet what staff considers to be
"appropriate" infill. Additionally, a BTZ would encourage buildings to be
located closer to the street, but surrounding property all have between a 20-
foot and 60-foot setback from streets and rights -of -way. Staff does
acknowledge that RI-U would potentially meet other City Plan 2040 goals,
such as opportunities for attainable housing (Goal 6), growing a livable
transportation network (Goal 4), and discouraging suburban sprawl (Goal 2).
Land Use Compatibility: Staff finds that the proposed rezoning is partly
incompatible with adjacent land uses. Land uses in immediate and general
adjacency to the subject property are primarily detached single-family
dwellings, with the exception of future and existing multi -family dwellings to
the south. Although the property nearby to the west and across Mount
Comfort to the south are zoned RMF-24, staff can only support higher
density on the southern part of the property. Having RI-U facing both exterior
to Mount Comfort and interior to the neighborhood would be incompatible
with the largely single-family character of the Hendrix Subdivision.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff does not believe the proposal is justified, as the request could be
tailored to address each street frontage differently while increasing the
overall development potential of the property. In acknowledgement of the
benefits that additional housing on this property can bring, staff advised the
applicant that other zoning districts, such as RSF-8 or NC, would be more
compatible and receive staff report.
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, has the potential to
slightly increase traffic on Hendrix Street. The size of the property, totaling
around'/4 of an acre, will naturally restrict the number of potential dwellings,
and thus the possibility of increased traffic danger and congestion will not
be appreciable.
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
G:\ETC\Development Services Review\2020\Development Services\20-7014 RZN 1324
W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B. LLC
Page 3 of 17
sewer facilities.
Finding: Rezoning the property from RSF-4 to RI-U will increase the potential
population density, but will not undesirably increase the load on facilities
and services. As noted above, this 0.27-acre property has access to existing
water, sewer, and other public services that eliminate the need for costly
extensions or stretched fire or police service.
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 20-7014.
PLANNING COMMISSION ACTION: Required YES
JDate: March 23, 2020 173 Tabled D Forwarded O Denied
(Motion: Winston Motion to forward to CC, recommending approval
Second: Belden Motion passes; Commissioners Garlock and Sharp
dissenting
vote: 6-2-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
o §161.09 - District RI-U, Residential Intermediate - Urban
• Request letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
GAETC\Development Services Review\2020\Development Services\20-7014 RZN 1324
W. Mt. Comfort Rd (Tillman B, LLC) 404\ Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 4 of 17
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of
low density detached dwellings in suitable environments, as well as to protect existing development
of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use
permit
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government facilities
Unit 9 Two-family dwellings
Unit
Limited business
12a
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B. LLC
Page 5 of 17
(C) Density.
Units per acre
Single-family Two (2) family
dwellings dwellings
4 or less 7 or less
(D) Bulk and Area Regulations.
Single-family Two (2) family
dwellings dwellings
Lot minimum
70 feet 80 feet
width
Lot area 8,000 square 12,000 square
minimum feet feet
Land area per 8,000 square 6,000 square
dwelling unit feet feet
Hillside
Overlay
District Lot 60 feet 70 feet
minimum
width
Hillside
Overlay 8,000 square 12,000 square
District Lot feet feet
area minimum
Land area per 8,000 square 6,000 square
dwelling unit feet feet
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 6 of 17
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 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 40% of the total area
of such lot. Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No.
4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord.
No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , § 1, 11-1-16; Ord. No. 5945 , §8, 1-
17-17; Ord. No. 6015, § 1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-2019)
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 7 of 17
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
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B. LLC
Page 8 of 17
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements
Side
Side
Rear
Rear, from
Single &
Front
Other
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
12 feet
a line 25 feet from
the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
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.
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 9 of 17
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. §1(Exh. A), 11-21-17; Ord. No. 6245, §2,
10-15-2019)
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 10 of 17
J O R G E N S E N
124 W Sunbridge Drive Suite 5
Fayetteville. AR 72703
+ASSOCIATES
o
Office 4794429127
,, crgerse^asscsscc cc^,
Established 1985
February 25, 2020
City of Fayetteville
Development Services
113 West Mountain Street
Fayetteville, AR 72701
Re: Rezoning at 1324 W Mount Comfort Rd.
Dear City Staff;
A. The current owner of this site is as follows: Tillman B, LLC
B. Currently this property is zoned RSF-4. The reason for this request is to allow this property to be split
and developed utilizing the existing two frontage streets (Mount Comfort & Hendrix), the RSF-4
zoning regulations do not allow this split to occur due to minimum lot size, and lot width. The
request for RI-U will allow this lot to be split and encourage the development of detached and
attached dwellings to provide for a range of housing types compatible in this area.
C. This property is surrounded by RMF-24, RSF-4, RSF-8, and RI-12. We feel that the requested rezoning
within this property will be compatible with the surrounding zonings and land uses. Currently the
south side of Mount Comfort contains a large multi -family complex (Garden Park Apartments) along
with the property immediately to the south is slated for another multi -family development to break
ground soon. The property immediately to the west is a rental property. The majority of the houses
along Hendrix street are older homes that are rented. A rezoning to RI-U would be compatible with
these current uses.
D. Existing adequate water and sewer are already at this site along both streets.
E. We feel the requested rezoning is in line with the goals of the City Plan 2030 and 2040 for rezoning
and development and that this type of in -fill is desired.
F. This rezoning is needed at this time to allow this underutilized lot to be developed.
G. This development will not adversely affect the existing or proposed streets in the area, especially
considering the small size of the parent tract.
H. The potential to increase the population density in this area as a result of this rezoning would aid in
supplying a demand to existing commercial uses in the area and the proximity to the existing transit
further support this rezoning request.
I. The current zoning does not allow this lot to be fully developed in a manner which would maximize
its development potential.
Thank you and if you need any additional information, please don't hesitate to contact us.
Sincerely,
I ke Jor ensen, PE
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B. LLC
Page 11 of 17
RZN 20-7014 - Anonymous - Phone 1 - 2:00 PM - 3/4/20
-Concerned about the size and width of the lot and what the proposed rezoning density would allow on said lot
-Would be too tight to provide parking on -site with such a small lot
-Street is underdeveloped to allow ons-treet parking
-Potential for 4 units would be too much for the property and neighbors
-Anything but single-family would not work for the area
-Believes proposal would not fit in well with the neighborhood
-Runoff and stormwater management are concerns with increased impervious area
-Increased traffic with density would not be good for the neighborhood
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
file:///city/... W%20Mt.%20Comfort%20Rd°/a20(Tillman°/a20B,%20LLC)%20404/Public%20Comments/Anonymous%20-%20Phone%201.txt[3/6/2020 9 e"fflyf'J
From: Carmen Osburn
To: Davis. Harry
Subject: Request for rezoning 1324 W. Mt.Comfort
Date: Monday, March 09, 2020 4:25:25 PM
I object to the rezoning of property at 1324 Mt. Comfort. I believe single family housing is the more
acceptable use of the land and an increase in development on the property would not be compatible with
current housing. Off site parking for guests would create an inconvenience to neighbors because Hendrix
St. Is narrow and driveways could be blocked frequently with denser housing. Mt. Comfort could not
allow street parking. Added concrete for driveways and roof drainage could add to runoff and could
impact adjacent neighbors foundations.
1324 property is .2785 of an acre. Please do not allow this property to be incompatible with the
neighborhood.
Carmen Osburn
Planning Commission
March 23, 2020
Agenda Item 4
20-7014 Tillman B, LLC
Page 13 of 17
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Agenda Item 4
20-7014 Tillman B, LLC
Page 14 of 17
Agenda Item 4
20-7014 Tillman B, LLC
Page 15 of 17
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Agenda Item 4
20-7014 Tillman B. LLC
Page 16 of 17
Agenda Item 4
20-7014 Tillman B, LLC
Page 17 of 17
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF MAY 5, 2020
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Review Manager
Leif Olson, Planner— Long Range
FROM: Garner Stoll, Development Services Director
DATE: April 29, 2020
SUBJECT: Infill Scoring Matrix (Agenda item B-2)
CITY COUNCIL MEMO
INTRODUCTION:
During the discussion of a rezoning request (RZN 20-7014) on April 21, 2020, Council Member
Petty inquired about the "infill score" for the subject property. As indicated by Council Member
Smith, the raw infill score for the subject property was seven. This memo is intended to provide
the Mayor and City Council background information to facilitate the appropriate use of this new
tool to add objectivity and consistency to decisions. The tool does not, of course, replace the
Mayor and Council's broad legislative discretion to consider a wide range of other factors
relevant to specific decisions.
BACKGROUND:
The process for creating City Plan 2040 resulted in the Infill Development Scoring Matrix and
Map, a new planning tool that will allow the public, staff, and appointed and elected officials to
better analyze zoning and development projects as they relate to furthering the plan's goals of
"encouraging appropriate infill". The Infill Scoring Matrix and Map awards points for
development in proximity to infrastructure and amenities that further the City's goals. Each
parcel in the City has an "infill development suitability score" that has been assigned objectively
based on the parcel's proximity to nearby infrastructure or destinations.
For instance, points are awarded if the parcel is within a designated distance of infrastructure or
amenities such as water and sewer utilities, multi -purpose trail, parkland, fire response time,
transit stops, or grocery store. Objectively the higher a parcel scores, the more "suitable" it is for
infill development. The infill matrix also accounts for land that may be undeveloped but has
been identified on the Future Land Use Map for higher intensity development. The matrix and
map are living documents with the data is continuously updated as conditions on the ground
change over time. In this way, neighborhoods, commercial nodes and corridors will build upon
the success of previous projects to incrementally develop a community of complete, compact
and connected places.
USING THE INFILL SCORING MATRIX AND MAP:
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The Infill Development Scoring Matrix and Map are accessible on the City's website here
Once the map has loaded, you can zoom in or out and click on a parcel to see the score based
on proximity to infrastructure and amenities. When you open the attribute table it allows you to
see which amenities are in proximity, resulting in a positive score, and which ones are too
distant, resulting in no net points.
TRANSLATING OBJECTIVE DATA TO VALUE -DRIVEN PLANNING DICISIONS:
The matrix allows the Mayor and Council to "weigh" priority infrastructure or amenities with a
higher value. For instance, if the Council values adding residential density in areas with
proximity to trails, transit and grocery stores it can assign a higher weight to those amenities
This can be done individually by each elected official or collectively to create pre -assigned
weighted value to priority infrastructure and amenities.
SUMMARY:
Ultimately, this tool will allow appointed and elected officials to objectively evaluate development
proposals on a case -by -case basis, and because it is continuously updated as development
occurs, redeveloping areas will incrementally score better over time as new amenities and
services are added to the fabric of the neighborhood. Conversely, parcels that lack access to
utility infrastructure and amenities will score low and be discouraged from development until
such time that logical expansion of the City is deemed appropriate.
Finally, the Infill Scoring Matrix and Map is just another tool that can be utilized to evaluate
zoning and development proposals. It should be viewed in context with many other factors such
as flood plains and steep slopes which renders some areas difficult or undesirable to develop,
the Future Land Use Map, Growth Concept Map, Master Street Plan, City Plan 2040 Goals,
Mobility Master Plan, Active Transportation Plan, the Enduring Green Network, input from
citizens, and other policies, metrics, and guidance documents to better inform the land use
policy decision making process.
CityClerk
From: Carmen Osburn <car_osburn2013@yahoo.com>
Sent: Monday, May 11, 2020 2:31 PM
To: CityClerk
Subject: Fw: 1324 Mt. Comfort Rezoning Appeal, RZN20-7014
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Please forward to city council members:
----- Forwarded Message -----
From: Carmen Osburn <car_osburn2013@yahoo.com>
To: jmasters@fayetteville-ar.gov <jmasters@fayetteville-ar.gov>
Sent: Friday. May 8, 2020, 06:36:47 PM CDT
Subject: Fw: 1324 Mt. Comfort Rezoning Appeal
----- Forwarded Message -----
From: Carmen Osburn <car_osburn2013@yahoo.com>
To: "jmasters@fayetteville-ar.gov" <jmasters@fayetteville-ar.gov>
Sent: Friday. May 8, 2020, 06:13:49 PM CDT
Subject: 1324 Mt. Comfort Rezoning Appeal
I oppose the proposed zoning change for this property; I do not approve of the denser housing RW allows; I do not
approve of the City's support of RSF-8. These zonings are incompatible with the current single family housing in the
area. Any development of these types will cause crowded housing on a sliver of land, add to increased runoff in an area
that is low, and add to parking issues on Hendrix, if developed from both Mt.Comfort and Hendrix.
I do not support the City's long term plans for changing the density of this neighborhood. Denser housing reduces privacy
of existing properties.
Who do you support? The developers who reap the benefits of profits or property owners that lose enjoyment of their
environment and their lifestyle to meet a "PLAN"?
M.C. Osburn
Democrat aeite
F.C. 3 Y, ir0/, =i 4'ET'E`.'�Ll c, AP. 127v2 • 419-442-1100 • FAY: 479.595-11'6 - Wv'v N!WADC-.COifi
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of. Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6313
Was inserted in the Regular Edition on:
May 31, 2020
Publication Charges: $82.08
Brittany Smith
Subscribed and sworn to before me
This Z day o9, , 2020.
— (ab �_ kn
Notary Public 30,
I�OI�My Commission Expires: 0\
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
CATHERINE STAGGS
MY COMMISSION # 12402772
�
EXPIRES: February 28, 2025
Washington
County
Ordinance: 6313
File Number: 2020-0282
RZN 20-7014 (1324 W. MT,
COMFORT RD./TILLMAN B, LLC.):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7014
FOR APPROXIMATELY 0.27 ACRES
LOCATED AT 1324 WEST MOUNT
COMFORT ROAD FROM RSF4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE 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 RSF-
4, Residential Single Family, 4 Units Per
Acre to RI-U, Residential Intermediate -
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
mends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
5/192020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75276419 May 31, 2020
