HomeMy WebLinkAboutOrdinance 6367-- -,
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Doc ID: 019543280003 Type: REL
Kind: ORDINANCE
m
Recorded: 11/10/2020 at 10:32:35 AM
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Fee Amt: $25.00 Pape 1 of 3
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Washington County, AR
Kyle Sylvester Circuit Clerk
File2020-00041238
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6367
ARCHIVED
File Number: 2020-0777
RZN-2020-000006 (1278 W. HENDRIX ST./FUGITT):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-000006 LOCATED AT 1278 WEST HENDRIX STREET FOR APPROXIMATELY 0.50
ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE TO RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-8, Residential Single Family, 8 Units
Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 10/20/2020
Approved;
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Page 1
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RZN-2020-000006
Close Up View
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Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Building Footprint
Fugitt
MAXWELL-DR
Subject Property
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0 75 150 300 450 600
1 inch = 200 feet
RZN-2020-000006
Exhibit 'A'
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RSF-4
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RI-12
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RMF-24
Neighborhood Services - Ltd.
RZN-2020-000006
Exhibit'B'
Legal Description
1278 W Hendrix St
Fayetteville, AR 72703
LEGAL DESCRIPTION: FURTHER DESCRIBED FROM 2019-19249 AS: Part of the South Half of the
Northeast Quarter of the Northeast Quarter of Section Eight (8), Township Sixteen (16) North, Range
Thirty (30) West, described as beginning at the Northeast corner of said twenty (20) acre tract, and
running thence West 630 feet for the place of beginning, thence South 210 feet, thence West 105 feet,
thence North 210 feet, thence East 105 feet to the point of beginning, same being known as Lot Five (5)
in Block One (1), Hendrix Addition, Fayetteville, Arkansas.
Washington County, AR
I certify this instrument was filed on
11 /10/2020 10:32:35 AM
and recorded in Real Estate
File Number 2020-00041238
Kyle Sylvester - Circuit Clerk
by : ti
City of Fayetteville Staff Review Form
2020-0777
Legistar File ID
10/6/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 9/18/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404): Submitted by BILL FUGITT for property located at 1278
W. HENDRIX ST. The property is zoned RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains
approximately 0.50 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS
PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Fund
Project Title
$
O
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
QCITY OF
FAYETTEVILLE
ARKANS
ARKANSAS
MEETING OF OCTOBER 6, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
DATE: September 18, 2020
CITY COUNCIL MEMO
SUBJECT: RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404): Submitted by
BILL FUGITT for property located at 1278 W. HENDRIX ST. The property is zoned
RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains
approximately 0.50 acres. The request is to rezone the property to RSF-18,
RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is a 0.50-acre residential lot on the north side of W. Hendrix Street, located
between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix
Addition and currently contains one single-family dwelling which was constructed in 1951. The
property is currently zoned RSF-8, Residential Single -Family, 8 Units per Acre and was most
recently rezoned from RSF-4, Residential Single -Family, 4 Units per Acre in December of 2019.
A subsequent request sought to rezone the property from RSF-8 to RI-U, Residential
Intermediate -Urban in May of 2020. Staff recommended denial and suggested the applicant
pursue rezoning to RSF-18, Residential Single -Family, 18 Units per Acre. Planning Commission
forwarded the request for RI-U to City Council who ultimately denied the request.
Multi -family dwellings at N. Garland Avenue and at N. Addington Avenue were developed
following a clerical error during the city-wide rezone in the early 2000s. Accordingly, City Council
has been sensitive to rezoning requests on Hendrix Street. Recent requests along the street
include rezoning a property to the west, on the south side of W. Hendrix Street to RI-U, which was
approved by the City Council on May 19, 2020. Additionally, five properties directly across the
street on the south side of W. Hendrix Street had a rezone request approved from RSF-4 to RSF-
18 from a separate property owner.
Request: The request is to rezone the property from RSF-8, Residential Single -Family, 8 Units
Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. The applicant intends to
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
demolish the existing structure and develop three single-family homes following an associated
lot split.
Land Use Compatibility: The surrounding neighborhood of the property in question is comprised
mostly of low -density single-family dwellings, however there is some diversity in zoning in the
larger vicinity. In April of this year the property at 1324 W. Mount Comfort Road, about four lots
over and across the street, was rezoned to RI-U and, in July, City Council approved a rezoning
of 5 properties to RSF-18, directly south of the subject property.
Staff believes rezoning the site to RSF-18 promotes a gradual level of infill and density in the
neighborhood. RSF-18 zoning allows for single-family dwellings and accessory dwelling units
by -right and additional residential development types and densities through the conditional use
permit process, including 2-family dwellings and cluster housing. The conditional use permit
process allows for additional development entitlement, but with higher degree of review for
compatibility with the existing neighborhood.
1278 W. Hendrix is a roughly 100-foot-wide parcel. The major difference in permissible density
between RSF-8 and RSF-18 zoning is the lot width requirement. Under RSF-18, the property
can be split into 30-foot-wide tracts whereas in RSF-8 tracts must be 50 feet wide. Effectively,
the distinction would allow the property to be redeveloped by -right with three dwellings and
three associated accessory dwelling units each rather than two. This allows for an incremental
increase in density that can complement the existing neighborhood while also providing access
to nearby amenities and services.
Staff finds that a gradual increase in density would be compatible with the goals in City Plan
2040, adopted land use policies, and the future land use designation for this location. A
promotion of appropriate infill development is Goal 1 of City Plan 2040, which RSF-18 provides.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix gives the area a score of seven.
The following elements of the matrix contribute to the score:
Near Grocery Store (Harp's on N. Garland Avenue)
Near Public School (Leverett Elementary)
• Near Razorback Bus Stop
• Near Sewer Main (6" 321' along W. Hendrix St.)
Near Paved Trail (Razorback Greenway)
Near Water Main (6" PVC, W. Hendrix Street)
4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue)
Public Comment: Staff received one comment from a member of the public. The neighbor is
opposed to the rezoning, citing concerns about over -development, stormwater runoff, and
consistency with the surrounding area.
DISCUSSION:
On September 14, 2020, the Planning Commission forwarded the rezoning request to the City
Council with a recommendation of approval by a vote of 8-1-0. Commissioner Garlock was the
dissenting vote, citing concerns with additional density at the location given the existing lack of
improved vehicular and pedestrian infrastructure. Commissioner Brown spoke in favor of the
rezoning, citing an appreciation of the location's proximity to a Tier Two Center as identified by
City Plan 2040's Growth Concept Map.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• Public Comment
RZN-2020-000006 FUg Itt RZN-2020-000006
Close Up View Exhibit 'A'
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Planning Area RRI-12
-12
Fayetteville City Limi_s Feet RI-U
Trail (Proposed) 0 75 150 300 450 600 RMF-24
Building Factprint
1 inch = 200 feet Neighborhood Services - Ltd.
RZN-2020-000006
Exhibit `B'
Legal Description .
1278 W Hendrix St
Fayetteville, AR 72703
LEGAL DESCRIPTION: FURTHER DESCRIBED FROM 2019-19249 AS: Part of the South Half of the
Northeast Quarter of the Northeast Quarter of Section Eight (8), Township Sixteen (16) North, Range
Thirty (30) West, described as beginning at the Northeast corner of said twenty (20) acre tract, and
running thence West 630 feet for the place of beginning, thence South 210 feet, thence West 105 feet,
thence North 210 feet, thence East 105 feet to the point of beginning, same being known as Lot Five (5)
in Block One (1), Hendrix Addition, Fayetteville, Arkansas.
CITY OF
k FAYETTEVILLE PLANNING COMMISSION MEMO
if ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Ryan Umberger, Planner
MEETING DATE: September 14, 2020 (Updated with Planning Commission Results)
SUBJECT: RZN-2020-000006: Rezone (1278 W. Hendrix St./FUGITT, 404):
Submitted by BILL FUGITT for property located at 1278 W. HENDRIX ST.
The property is zoned RSF-8 RESIDENTIAL SINGLE FAMILY, 8 UNITS
PER ACRE and contains approximately 0.50 acres. The request is to
rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18
UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2020-000006 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2020-000006 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is a 0.50-acre residential lot on the north side of W. Hendrix Street, located
between N. Addington Avenue and N. Garland Avenue. The property is part of the Hendrix
Addition and currently contains one single-family dwelling which was constructed in 1951. The
property is currently zoned RSF-8, Residential Single -Family, 8 Units per Acre and was most
recently rezoned from RSF-4, Residential Single -Family, 4 Units per Acre in December of 2019.
A subsequent request sought to rezone the property from RSF-8 to RI-U, Residential
Intermediate -Urban was submitted in May of 2020. Staff recommended denial and suggested the
applicant pursue rezoning to RSF-18, Residential Single -Family, 18 Units per Acre. Planning
Commission forwarded the request for RI-U to City Council who ultimately denied the request.
Multi -family dwellings at N. Garland Avenue and at N. Addington Avenue came to fruition following
a clerical error during the city-wide rezone in the early 2000s. Accordingly, City Council has been
sensitive to rezoning requests on Hendrix Street. Recent requests along the street include
rezoning a property to the west, on the south side of W. Hendrix Street to RI-U, which was
approved by the City Council on May 19, 2020. Additionally, five properties directly across the
street on the south side of W. Hendrix Street had a rezone request approved from RSF-4 to RSF-
18 from a separate property owner.
Surrounding land uses and zoning is depicted in Table 1.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 1 of 14
Table 1
Surroundinq Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-18, Residential Single -Family, 18 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Residential Intermediate
RI-1 2, Residential Intermediate, 12 Units per Acre
Request: The request is to rezone the property from RSF-8, Residential Single -Family, 8 Units
Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. The applicant intends to
demolish the existing structure and develop three single-family homes following an associated
lot split.
Public Comment: Staff has received no public comment.
INFRASTRUCTURE:
Streets: The subject area has frontage onto W. Hendrix Street, a Residential Link street
according to the Master Street Plan. W. Hendrix Street is an unimproved street
with asphalt paving and open ditches. Any street improvements required in these
areas would be determined at the time of development proposal, as well as any
improvements or requirements for drainage.
Water: Public water is available to the subject area. An existing 6-inch PVC water main
is present along W. Hendrix Street which can serve parcel #765-06282-000.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
mains is present along W. Hendrix Street which can serve parcel #765-06282-
000.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the property is within the Hillside -Hilltop Overlay
District, FEMA floodplain, nor is there a protected stream or hydric soils 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 2 located at 708 N. Garland Avenue, protects this site. The property is
located approximately 0.7 miles 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 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 2 of 14
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 score of 7 for the area
in question, with a weighted score of 8.5. The following elements of the matrix contribute to the
score:
• Near Grocery Store (Harp's on N. Garland Avenue)
• Near Public School (Leverett Elementary)
• Near Razorback Bus Stop
• Near Sewer Main (6" 321' along W. Hendrix St.)
• Near Paved Trail (Razorback Greenway)
• Near Water Main (6" PVC, W. Hendrix Street)
• 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue)
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 3 of 14
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Land uses in immediate and general adjacency to
the subject property are primarily detached single-family dwellings.
Although the property adjacent to the west and at the corner of Hendrix
Street/Garland are developed apartment complexes that occurred as a result
of a zoning map error, the Hendrix Addition is mostly single-family in
character. Staff finds that the proposed rezoning is generally compatible
with adjacent land uses.
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 property, designated as a
Residential Neighborhood Area, envisions primarily residential uses in a
variety of complimentary building types and configurations. RSF-18 would
allow higher range of residential density not allowed in the current zoning
district and in an infill location, consistent with the City's land use policies.
The current and proposed zoning designations, RSF-8 and RSF-18,
respectively, provide identical by -right and conditional uses. They differ,
however, in the bulk area requirements, setbacks, and other density -
oriented regulations. Specifically, the lot width minimum requirement for
single-family dwellings in RSF-8 is 50 feet whereas the minimum in RSF-18
is 30 feet. The suggested development encourages infill without creating
lots that vary in size significantly from the surrounding properties.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The requested rezoning is needed to provide the adequate lot width
minimum to construct three single-family dwellings. The existing structure
is deteriorating and foundationally challenged. The goal of the developer is
to provide more affordable housing through infill development and help
reduce urban sprawl.
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 RSF-18, has the potential
to slightly increase traffic on Hendrix Street. The size of the property, totaling
around half an acre, will naturally restrict the number of potential dwellings,
and therefore 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
sewer facilities.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 4 of 14
Finding: Rezoning the property from RSF-8 to RSF-18 increases the potential
population density, but will not undesirably increase the load on facilities
and services. As noted above, this half -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 forwarding RZN-2020-000006 to the
City Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 14, 2020 O Tabled Forwarded O Denied
Motion: Hoffman
Second: Brown
a
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.09 —Residential Single -Family, 4 Units Per Acre
o §161.10 —Residential Single -Family, 8 Units Per Acre
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 5 of 14
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) attached 25 feet
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 6 of 14
(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 two (2) attached 2,500 square feet
(E) Setback Requirements.
i 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, 10-15-19)
161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the, efficient
development of single-family detached residences in a variety of densities.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 7 of 14
(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.
I Units per acre Eighteen (18) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 30 feet
Two (2) family 30 feet
(2) Lot Area Minimum.
Townhouses: individual lot 1,250 square feet
Single-family 2,500 square feet
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 8 of 14
Two-family 2,000 square feet
(E) Setback Requirements.
Front
Side
Side -Zero Lot Line*
Rear
A build -to zone that
A setback of less than five feet
'is located between
5 feet
(zero lot line) is permitted on one
the front property
on
interior side, provided a
5
line and a line 25 ft.
both
maintenance agreement is
feet
from the front
sides
filed**. The remaining side
property line.
setback(s) shall be 10 feet.
* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code
when locating a structure in close proximity to property lines and/or adjacent structures.
** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This
may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a
maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the
maintenance area.
(F) Building Height Regulations.
Building Height Maximum 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 for two-family dwellings.
(Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; 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, 10-15-19)
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 9 of 14
Compatibility Statement
I am requesting that my lot located at 1278 W Hendrix St, parcel # 765-06282-000 be rezoned
from RSF-8 to RSF-18. Should this rezone be approved, my plan is to remove the existing
structure and build 3 single family homes similar to the existing homes on the street. The
existing structure is foundationally compromised, deteriorating and has become an eye sore and
safety concern for the neighborhood. Police have been called multiple times to the property to
remove trespassers and vagrants. I believe new homes would improve the character of the
neighborhood and aligns with the City's goal of providing more affordable housing through infill
and will help reduce urban sprawl. The designated future land use of this property is Residential
Neighborhood Area and there are already some variations in residential land uses adjacent to the
property with the majority of the street having just been rezoned to RSF-18. There are utilities
already available to the site as well.
Planning Commission
September 14, 2020
Agenda Item 6
RZN 20-000006 Fugitt
Page 10 of 14
RZN-2020-000006 Fug itt
One Mile View
0 0.125 0.25 0.5 Miles
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Page 14 of 14
Umberger, Ryan
From:
Joyce Richards <joyari4372@outlook.com>
Sent:
Thursday, September 10, 2020 3:13 PM
To:
Umberger, Ryan
Cc:
Joyce Richards
Subject:
Fwd: 2020-000006 1278 West Hendrix Street rezoning
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.
Mr. Umberger:
Could you please see that all interested parties in this rezoning get a copy of this before Monday's meeting. Thank you
From: Joyce Richards <joyari4372@outlook.com>
Date: September 10, 2020 at 3:04:40 PM CDT
To: "planning@fayetteville-ar.gov" <planning@fayetteville-ar.gov>
Cc: Joyce Richards <joyari4372@outlook.com>
Subject: 2020-000006 1278 West Hendrix Street rezoning
How many times do we in this neighborhood have to ask you to keep
this development at a sensible amount of structures?
How many times do we have to say overfill is not consistent with this
neighborhood or any other in Fayetteville?
How many times do we have to say use common sense and don't allow
over -development in this neighborhood. It doesn't fit in.
How many times do we have to say please don't cover every inch of
ground? Consider the runoff and the areas to the west where that
runoff goes, like West End which very often gets flooded.
How many times do we have to say, Please save the trees?
How many times do we have to say are you listening to what we who
live in this neighborhood have to say?
Are you listening or are our comments just blowing in the wind.
Joyce Richards
1673 North Stephens Avenue
CityClerk
From: Mulford, Patti
Sent: Wednesday, October 21, 2020 7:03 AM
To: CityClerk
Subject: FW: Too much multi housing in the Hendrix neighborhood...
Categories: Forwarded
fyi
From: RoAnna McDaniel <roannagmcdaniel@gmail.com>
Sent: Tuesday, October 20, 2020 11:36 PM
To: Kinion, Mark <ward2 posl@fayetteville-ar.gov>; ward2 post2@fayetteville-ar.gov; Mayor <Mayor@fayetteville-
ar.gov>
Subject: Fwd: Too much multi housing in the Hendrix neighborhood...
ION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
se
I have copied the emails but 2 were sent back so please pass to the proper Ward 2.
Thank you again.
Forwarded message
From: RoAnna McDaniel <roannaemcdaniel@gmail.com>
Date: Tue, Oct 20, 2020 at 11:30 PM
Subject: Too much multi housing in the Hendrix neighborhood...
To: <ward2 post 1@fayetteville-ar.gov>, <ward2 post2@fayetteville-ar.gov>, <mayor@fayetteville-ar.gov>
Good evening.
I am reading the notes from the recent meeting and I am just surprised to see continued multi
housing being requested in this once single housing streets and neighborhoods.
The sewers have issues more, the neighborhood is filled with walkers and bike riders much more
but there is really no safe place because the streets are very narrow, more breaking into cars at
night these last 2 years, more traffic that does not even live in the neighborhood due to taking
Hendrix, onto Stephens, onto Mt. Comfort as if that is a short cut.
Too much multi housing has already been allowed, I request that it stop. I believe that it is
beginning to look ugly and confusing with too much and not the support it needs to keep it safe
and looking nice.
Oak Plaza has turned nasty and dangerous at night... selling drugs and some paying for
services in the parking lot at night in front of the Dollar General has started being consistent
enough that I am going to shop somewhere else.
I have lived on N Stephens Ave for the last 10 years and I see the traffic and the issues. I also
grew up in Fayetteville and I remember the nice neighborhoods that are now getting ruined by
the confusion of mixing the multi housing into single housing where it should not belong so
overwhelming. Too much is too much. I believe we are there.
Thank you.
Unfinished Business
1. RZN-2020-000006 (1278 W. Hendrix St./Fugitt) (Details)
An ordinance to rezone that property described in rezoning petition RZN 20-000006 located at 1278 W. Hendrix
Street for approximately 0.50 acres from RSF-8, Residential Single Family, 8 units per acre to RSF-18, Residential
Single Family, 18 units per acre.
— Pass 5-3
Thank you so much.
RoAnna McDaniel
479.981.2015
"Far better is it to dare mighty things, to win glorious triumphs, even though checkered by failure ... than to
rank with those poor spirits who neither enjoy much nor suffer much, because they live in a gray twilight
that knows not victory nor defeat."
- Theodore Roosevelt
Thank you so much.
RoAnna McDaniel
479.981.2015
"Far better is it to dare mighty things, to win glorious triumphs, even though checkered by failure ... than to
rank with those poor spirits who neither enjoy much nor suffer much, because they live in a gray twilight
that knows not victory nor defeat."
- Theodore Roosevelt
2
Demomt - mazette
P." °:.X 1607, FAYFTT EVILLE, AP. 72702 • 47 9.4 �2-1700 - FAX d79 09 r11';8. 1"/l'+14.C'tih'iiD�.COts
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 6367
Was inserted in the Regular Edition on:
October 25, 2020
Publication Charges: $82.08
Brittany Smith
Subscribed and sworn to before me
This 2Kday of , 2020.
��.�?: �•�. FAQ �,y�`
Notary Public CJ
My Commission Expires: [�D /l
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6367
File Number: 2020-0777
RZN-2020-000006 (1278 W. HENDRIX
ST./FUGITT):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-
000006 LOCATED AT 1278 WEST
HENDRIX STREET FOR
APPROXIMATELY 0.50 ACRES
FROM RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER
ACRE TO RSF-18, RESIDENTIAL
SINGLE FAMILY. 18 UNITS PER
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-
8, Residential Single Family, 8 Units Per
Acre to RSF-18, Residential Single
Family, 18 Units Per Acre.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
10/20/2020
Jordan, Mayor
Kara Paxton, City Clerk Treasurer
10/25/2020 75338306