HomeMy WebLinkAboutOrdinance 6318113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6318
File Number: 2020-0370
APPEAL: RZN 20-7067: (523 N. GENEVIEVE AVE./DILLAHA):
ARCHIVED
IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII Illli IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 019313200004 Type: REL
Kind: ORDINANCE
Recorded: 07/13/2020 at 02:56:58 PM
Fee Amt: $30.00 Pape 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File202O-00023494
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-7067 FOR APPROXIMATELY 12.14 ACRES LOCATED AT 523 NORTH
GENEVIEVE AVENUE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 6/4/2020
Page 1 Printed on ti M20
Ordinance: 6318
File Number. 2020-0370
Attest:
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Page 2 Printed on 6110120
RZN20-7067 I DILLAHA I 20-7067
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EXHIBIT 'B'
LEGAL DESCRIPTION:
A part of the SE1/4 of the SW1/4 of Section 11, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the SE Corner of said
SE1/4, SW1/4, thence N87041'26"W 985.62 feet to the POINT OF BEGINNING,
thence N87036'59"W 664.33 feet, thence NO2'17'55"E 819.44 feet, thence
S87046'47"E 333.79 feet, thence SO1°29'43"W 47.92 feet, thence S87016'39"E 329.86
feet, thence S02017'51"W 770.53 feet to the POINT OF BEGINNING: Containing 12.14
acres more or less subject to easements and right of way of record.
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Agenda Date:6/2/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type:Ordinance
Agenda Number: B. 6
APPEAL: RZN 20-7067:(523 N.GENEVIEVE AVE./DILLAHA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-7067 FOR APPROXIMATELY 12.14 ACRES LOCATED AT 523 NORTH GENEVIEVE AVENUE
FROM RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RSF-8, RESIDENTIAL
SINGLE FAMILY,8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone classification of
the property shown on the map(Exhibit A)and the legal description(Exhibit B)both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family,4 Units Per Acre to RSF-8,Residential
Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville,Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville,Arkansas Page 1 Printed on 6/10/2020
J O R G E N S E N 124 W Sunbridge Drive,Suite 5
11)
Fayetteville,AR 72703
0 +ASSOCIATES Office:479.442.9127
www jorgensenassoc com
Established 1985
April 28, 2020
Kara Paxton, City Clerk
City of Fayetteville
113 W Mountain Street, Room 308
Fayetteville,AR 72701
Re: RZN 20-7067
Please accept this appeal of the decision of the Planning Commission on April 27th, 2020,to deny the
rezoning request for RZN 20-7067.
This appeal is made pursuant to Section 155.05 of the Uniform Development Code. We
understand that Planning Commission has to make a lot of tough decisions and we certainly
appreciate their hard work and time. However, in this instance, we feel that the applicant has
presented a reasonable zoning request that is in conformity with the surrounding properties. We
are kindly asking that the City Council please place this item on the next agenda, so that we can
further discuss this matter.
S"n - -I ;
: ake Jo-:ensen
CITY OF
FAYETTEVILLE CITY COUNCIL MEMO
ARKANSAS
MEETING OF MAY 19, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Jessie Masters. Senior Planner
DATE: May 1, 2020
SUBJECT: RZN 20-7067: Rezone (523 N. GENEVIEVE AVE./DILLAHA, 436): Submitted by
JORGENSEN & ASSOCIATES, INC. for property located at 523 N. GENEVIEVE
AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contains approximately 12.14 acres. The request is to rezone the
property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
The City Planning staff recommend approval of a request to rezone the subject property as
described and shown in the attached Exhibits 'A' and 'B'. The Planning Commission denied the
proposal and the applicant has appealed the decision to City Council.
BACKGROUND:
The subject property is on the west side of Fayetteville, just west of N. 54th Avenue, south of
Wedington Drive and north of Persimmon Street. Zoned RSF-4 in 2004 and consisting of 12.14
acres, the property currently has one single-family dwelling which was built in 1980. Though
recently primarily agricultural, the surrounding land is developing and establishing itself as a
residential single-family neighborhood through several subdivisions, including the Creekview
Subdivision to the west and the Legacy Pointe Subdivision to the south.
Request: The request is to rezone the property from RSF-4, Residential Single-Family — Four
Units per Acre to RSF-8, Residential Single-Family — Eight Units per Acre.
Land Use Compatibility: Land uses in general adjacency to the subject property consist primarily
of single-family dwellings and undeveloped land. Two low-density zoning districts surround the
subject property (R-A and RSF-4) and the proposed rezone would be the highest level of
permitted density within its immediate surroundings. Because the rezone request is from one
residential single-family zoning district to another residential single-family zoning district, the
request does not introduce any new or incompatible uses other than what is currently permitted
by-right. Given the surroundings, staff finds that the proposed rezoning is generally compatible
with adjacent land uses, though recognizes this will increase density, and recognizes that
appropriate infrastructure improvements will need to be made at the time of development.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan
2040, adopted land use policies, and the future land use designation for this location. This area
is designated as a Residential Neighborhood Area, which is primarily residential in nature and
supports a wide variety of housing types of appropriate scale and context. This request would
align with the stated goals of City Plan 2040, both infilling an underdeveloped property, as well as
increasing housing supply to provide more opportunities for attainable housing.
City Plan 2040's Infill Matrix indicates a varying score for the subject property, ranging from two
along the western extents to five further east towards Genevieve Avenue. The following elements
of the matrix contribute to the score:
• Near Park (Harmony Point Park)
• Near Trail (Wedington Drive Paved Trail)
• Near Water Main (N Genevieve Road)
• Near Sewer Main (N Genevieve Road)
• 4 Minute Fire Department Response time (Fire Station #7, 835 N. Rupple)
DISCUSSION:
On April 27, 2020, the Planning Commission denied the rezoning request by a vote of 9-0-0.
Commissioners indicated that the lack of available, walkable services from the proposed property
made this request incompatible, and because of its location just outside the pedestrian shed of
both a Tier 3 center and a Tier 2 center, the lower density was preferable. Commissioners also
suggested that due to its location,the proposed zoning would lead to"dense sprawl,"which would
contribute to higher levels of automobile traffic in the area. Two public comments were received
— the first was via email and the neighbor expressed concern over lack of appropriate street
infrastructure, a preference for the site to remain RSF-4, and a question regarding access to the
future development. The second was a property owner to the east via phone call who expressed
a concern regarding the capacity of the streets, specifically citing the underdevelopment of N.
54th
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
2
RZN20-7067 DILLAHA 20-7067
Close Up View EXHIBIT 'A'
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Trail (Proposed)
Planning Area Feet
Fayetteville CityLimits 0 112.5 225 450 675 900
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Building Footprint 1 inch = 300 feet Total 12.1
20-7067
EXHIBIT 'B'
LEGAL DESCRIPTION:
A part of the SE1/4 of the SW1/4 of Section 11, T16N, R31W in Washington County,
Arkansas, and being described as follows: Commencing at the SE Corner of said
SE1/4, SW1/4, thence N87°41'26"W 985.62 feet to the POINT OF BEGINNING,
thence N87°36'59"W 664.33 feet, thence NO2°17'55"E 819.44 feet, thence
S87°46'47"E 333.79 feet, thence S01°29'43"W 47.92 feet, thence S87°16'39"E 329.86
feet, thence S02°17'51"W 770.53 feet to the POINT OF BEGINNING: Containing 12.14
acres more or less subject to easements and right of way of record.
CITY OF
FAYETK TEVILLE PLANNING COMMISSION MEMO
ARANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: April 27, 2020 Updated to reflect April 27, 2020 PC Decision
SUBJECT: RZN 20-7067: Rezone (523 N. GENEVIEVE AVE./DILLAHA, 436):
Submitted by JORGENSEN & ASSOCIATES, INC. for property located at
523 N. GENEVIEVE AVE. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 12.14
acres. The request is to rezone the property to RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 20-7067 to City Council with a recommendation for approval.
RECOMMENDED MOTION:
"I move to forward RZN 20-7067 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is on the west side of Fayetteville, just west of N. 54'h Avenue, south of
Wedington Drive and north of Persimmon Street. Zoned RSF-4 in 2004 and consisting of 12.14
acres, the property currently has one single-family dwelling which was built in 1980. Though
recently primarily agricultural, the surrounding land is developing and establishing itself as a
residential single-family neighborhood through several subdivisions, including the Creekview
Subdivision to the west and the Legacy Pointe Subdivision to the south. Surrounding land uses
and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction Land Use Zoning
Single Family
North Residential and R-A, Residential-Agricultural
Duplexes
South Single Family RSF-4, Residential Single-Family—Four Units Per Acre
Residential
Undeveloped and
East Single Family R-A, Residential Agricultural& RSF-4, Residential Single-Family
Residential
West Single Family RSF-4, Residential Single-Family—Four Units Per Acre
Residential
Request:The request is to rezone the property from RSF-4, Residential Single-Family— Four
Units per Acre to RSF-8, Residential Single-Family— Eight Units per Acre.
Public Comment: Staff has received one public comment via email from a neighbor residing at
5792 W Cane Hill Drive, just south of the proposed development. The citizen expressed concern
regarding the available street infrastructure along Persimmon and W 54th, citing narrow roads and
lack of lanes that would be unable to handle an increased density. The citizens also expressed
preference that any proposed development should stay at 4 units per acre. Finally, the citizens
expressed concerns about access to the future development. The full comment is attached as a
memo to this report.
INFRASTRUCTURE:
Streets: This property has frontage to four street stub-outs—North Genevieve Avenue from
the north, West Greens Chapel Road from the east, North Drywood Creek Drive
from the south, and West Bernal Street from the west. North Genevieve Avenue is
an unimproved Residential Link that is an unpaved gravel road at the stub-out to
this property. West Greens Chapel Road is a fully improved Residential Link with
asphalt paving, storm drain, curb and gutter, and sidewalk. North Drywood Creek
Drive is a fully improved Residential Link with asphalt paving, storm drain, curb
and gutter, and sidewalk. West Bernal Street is a partially improved Residential
Link with asphalt paving, storm drain, and curb and gutter, with sidewalks being
constructed on both sides at time of home construction. Any street improvements
required in these areas would be determined at the time of development proposal.
Any additional improvements or requirements for drainage will be determined at
time of development.
Water: Public water is available to this parcel. An existing 2-inch watermain and an
existing 8-inch watermain are present in the northeast side of parcel 765-16228-
000. There are also two existing 8-inch watermain stub-outs to this property, one
from the south and one from the west.
Sewer: Sanitary Sewer is available to this parcel. An existing 6-inch sanitary sewer main
is present on this property.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. Hydric soils appear to be present within the entire subject
area. No portion of the property is within the Hillside-Hilltop Overlay District, FEMA
floodplain, nor is there a protected stream present in the 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 7, located at 835 N. Rupple, protects this site. The property is located
approximately 2 miles from the fire station with an anticipated drive time of
approximately 5 minutes using existing streets. The anticipated response time
would be approximately 7.2 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.
G.\ETC\Development Services Review\2020\Development Services\20-7067 RZN 523 N. Genevieve Ave. (Dillaha)
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CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 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
wide variety of housing types of appropriate scale and context: single-family, duplexes,
rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages
highly connected, compact blocks with gridded street patterns and reduced building setbacks.
It also encourages traditional neighborhood development that incorporates low-intensity non-
residential uses intended to serve the surrounding neighborhoods, 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 of the natural environment. Building setbacks
may vary depending on the context of the existing neighborhood. The following guiding
policies are designed to encourage future and existing residential neighborhoods to be or
become more complete, compact and connected:
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score for the
subject property, ranging from two along the western extents to five further east towards
Genevieve Avenue. The following elements of the matrix contribute to the score:
• Near Park (Harmony Point Park)
• Near Trail (Wedington Drive Paved Trail)
• Near Water Main (N Genevieve Road)
• Near Sewer Main (N Genevieve Road)
• 4 Minute Fire Department Response time (Fire Station #7, 835 N. Rupple)
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Land uses in general adjacency to the subject
property consist primarily of single-family dwellings and undeveloped land.
Two low-density zoning districts surround the subject property (R-A and
RSF-4) and the proposed rezone would be the highest level of permitted
density within its immediate surroundings. Because the rezone request is
from one residential single-family zoning district to another residential
single-family zoning district, the request does not introduce any new or
incompatible uses other than what is currently permitted by-right. Given the
surroundings, staff finds that the proposed rezoning is generally compatible
with adjacent land uses, though recognizes this will increase density, and
recognizes that appropriate infrastructure improvements will need to be
made at the time of development.
Land Use Plan Analysis: Staff believes that the proposal is compatible with
the goals in City Plan 2040, adopted land use policies, and the future land
use designation for this location. This area is designated as a Residential
Neighborhood Area, which is primarily residential in nature and supports a
wide variety of housing types of appropriate scale and context. This
request would align with the stated goals of City Plan 2040, both infilling an
G.\ETC\Development Services Review\2020\Development Services\20-7067 RZN 523 N. Genevieve Ave. (Dillaha)
436\03 PC\04-27-2020\Comments
underdeveloped property, as well as increasing housing supply to provide
more opportunities for attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant can by-right build more single-family dwellings than are
currently on the site given zoning of RSF-4. But based on the request letter,
the requested rezoning will allow the applicant to bring diversity in lot size
to the surrounding area. The request is justified given the applicant's intent.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RSF-8 does have the potential to
increase traffic on surrounding streets. Connections to higher classification
streets such as Persimmon Street and Wedington Drive exist through four
street stub-outs with surrounding subdivisions — North Genevieve Avenue
from the north, West Greens Chapel Road from the east, North Drywood
Creek Drive from the south, and West Bernal Street from the west. A potential
congestion point could be through the W. 54th Street access to Wedington.
Any necessary infrastructure and street improvements to mitigate
congestion or traffic will be determined at the time of development proposal.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to RSF-8 will increase the potential
population density and will likely increase the load on facilities and services.
The 12.14-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. Comment has not been received by Fayetteville Public
Schools or by Fayetteville Police,which is typically indicative of acceptance.
Any additional infrastructure improvements will be determined at the time of
the development proposal.
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
G:\ETC\Development Services Review\2020\Development Services\20-7067 RZN 523 N. Genevieve Ave. (Dillaha)
436\03 PC\04-27-2020\Comments
RECOMMENDATION: Planning staff recommends forwarding RZN 20-7067 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: April 27, 2020 O Tabled O Forwarded ® Denied
Motion: Canada
Second: Hoffman
Vote: 9-0-0
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 RSF-8, Residential Single-Family - Eight (8) Units Per Acre
• Request letter
• Public Comment— Donna Endres
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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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 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
Single-family Two (2) family
dwellings dwellings
Units per 4 or less 7 or less
acre
(D) Bulk and Area Regulations.
Single-family Two (2)family
dwellings dwellings
Lot minimum width 70 feet 80 feet
Lot area minimum 8,000 square feet 12,000 square feet
Land area per 8,000 square feet 6,000 square feet
dwelling unit
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Hillside Overlay
District Lot 60 feet 70 feet
minimum width
Hillside Overlay
District Lot 8,000 square feet 12,000 square feet
area minimum
Land area per 8,000 square feet 6,000 square feet
dwelling unit
(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)
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161.09 - District RSF-8, Residential Single-Family - Eight(8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development
into conformity and to allow for the development of new single family residential areas with
similar lot size, density, and land use as the historical neighborhoods in the downtown area.
(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 12a Limited business
Unit 24 Home occupations
Unit 36 Wireless communications facilities
Unit 44 Cluster Housing Development
(C) Density.
By Right
Single-family dwelling units per acre 8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 50 feet
Two (2)family 50 feet
Townhouse, no more than two (2) 25 feet
attached
G:\ETC\Development Services Review\2020\Development Services\20-7067 RZN 523 N. Genevieve Ave. (Dillaha)
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(2) Lot Area Minimum.
Single-family 5,000 square feet
Two-family 5,000 square feet
(3) Land Area Per Dwelling Unit .
Single-family 5,000 square feet
Two-family 5,000 square feet
Townhouse, no more than 2,500 square feet
two (2) attached
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot
area, except when a detached garage exists or is proposed; then 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.
(Ord. No. 4783, 10-18-05; 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)
G:\ETC\Development Services Review\2020\Development Services\20-7067 RZN 523 N. Genevieve Ave. (Dillaha)
436\03 PC\04-27-2020\Comments
J O R G E N S E N 124 W Sunbridge Drive,Suite 5
Fayetteville,AR 72703
+ASSOCIATES Office 479 442 9127
Established 1985
City of Fayetteville
113 W. Mountain
Fayetteville,AR 72701
ATTN: Planning Department
RE: Rezoning for Nash Crossing
Attached please find information pertaining to a rezoning request for Riggins Construction &Development.This
is for approximately 12 Acres on the west side of town.To the West is Creekview Subdivision(RSF-4) and to the
South is Legacy Subdivision (RSF-4).To the East is undeveloped (R-A)and Sundance Meadows Subdivision(RSF-
4) and to the North single family lots.Access to the property is to the West,South, and East off established
streets.City water and City sewer are already available.The property is currently zoned RSF-4 and the request is
to zone to RSF-8.This will give this area more diversity in lot size and take advantage of established public
infrastructure and will be compatible with surrounding zonings and land use considering the diverse zonings and
housing types currently surrounding the property.
Please review and contact us concerning any questions you may have.
Sincerely,
010
orgensen, P.E.
From: Donna Endres
To: Planning Shared
Subject: Rezoning at 523 N Genevieve Ave.
Date: Tuesday,April 21,2020 3:07:19 PM
'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.
Currently the property is RSF-4 requesting RSF-8.
There are several reasons we feel this is not a good fit for the area.
1. The roads cannot handle the addition of 200 or so vehicles. Persimmion is not a two lane road, so if
you are traveling on it someone is pulling off the road to allow the oncoming car to pass. There is no
shoulder area.
2. When traveling from Wedington to access 54th Ave once again the road is not a two lane road. We
travel this road every day, and if you have a truck oncoming you need to try to pull over and let it pass
and hope you don't hit mirrors. This road does not have a shoulder area only ditches. We have chosen
to lose a mirror as opposed to falling into the ditch to allow vehicles pass.
3. We have a single family home built by Riggins Construction. We knew that the property behind us
would one day be developed. We would prefer to have a development similar to ours with four houses on
an acre. If you put either duplexes or smaller houses in this area, it would reduce our property value.
This 12 acres is in the middle of two different housing developments and is not a good fit for duplexes.
4. How are you going to access this future development?The surrounding roads are parking only on one
side of the street. These roads are made to handle the current homeowners not the future development.
Please come out and survey the surrounding roads before you allow additional houses to be built.
Sincerely,
Dexter and Donna Endres
5792 W Cane Hill Dr.
RZN20-7067 DILLAHA
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P.C. 3O7 ;E07,=t,'ET7EEViLL_ , ,P. 7=7C2 - 4 79-4:2-1 %00 • FAX 479-o95-ICS - W''Wr ," iNV ADG.Cn_t'
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 6318
Was inserted in the Regular Edition on:
June 14, 2020
Publication Charges: $82.08
d
Brittany Smith
Subscribed and sworn to before me
This /�I day of� 2020. CATHERINE STAGGS
MY COMMISSION # 12402772
EXPIRES: February 28, 2025
Washington County
Notary Public
My Commission Expires:
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6318
File Number: 2020-0370
APPEAL: RZN 20-7067: (523 N.
GENEVIEVE AVE./DILLAHA):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-7067
FOR APPROXIMATELY 12.14
ACRES LOCATED AT 523 NORTH
GENEVIEVE AVENUE FROM RSF-4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE TO RSF-8,
RESIDENTIAL SINGLE FAMILY, 8
UNITS PER ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from RSF-
4, Residential Single Family, 4 Units Per
Acre to RSF-8, Residential Single
Family, 8 Units Per Acre.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on 6/4/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75283290 June 14,2020