HomeMy WebLinkAboutOrdinance 6372I IIIIIII (IIIII I!I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illli IIIII IIIII IIII IIII
Doc ID: 019575290003 Type: REL
Kind: ORDINANCE
Recorded: 11/30/2020 at 03:47:09 PM
Fee Amt: $25.00 Paqe 1 of 3
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File202O-00043754
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6372
File Number: 2020-0821
RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12,
RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
A RKANSAS:
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 RSF4, Residential Single Family, 4 Units
Per Acre to RMF-12, Residential Multi Family, 12 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 11/5/2020 -
Approved:
Lioneld
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RZN-2020-000005
Mistretta
RZN-2020-000005
EXHIBIT 'A'
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RSF-4
Subject Property
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WHILLOCK-ST
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Legend
RSF-4
Hillside -Hilltop Overlay District
RI-12
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- Planning Area
Feet
RMFb
1-1 Heavy Commercial and Light Industrial
L _ Fayetteville City Limits
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75 150
300 450
600
C-2
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1 inch = 200 feet
Building Footprint
RZN-2020-000005
EXHIBIT 'B'
PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 1/4 of the Northwest 1/4
of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 114 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
630.00 feet to a found iron pin marking the POINT OF BEGINNING, thence continuing along said North line, South
89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South
02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49
minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the
POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 1/4 of the Northwest 1/4 of
Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
710.00 feet to a set rebar marking the POINT OF BEGINNING; thence continuing along said North line, South 89
degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North
line, South 08 degrees, 49 minutes, 56
seconds East a distance of 194.58 feet, to a found iron pin, thence North 89 degrees, 49 minutes, 53 seconds West a
distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26
feet to the POINT OF BEGINNING; containing 0.44 acres more or less.
Washington County, AR
I certify this instrument was filed on
11/30/2020 03AT09 PM
and recorded in Real Estate
File Number 2020-00043754
Kyle Sylvester - Circuit Clerk
by <
-� City of Fayetteville, Arkansas 113 West Mountain Street
t`. \. Fayetteville, AR 72701
(479) 575-8323
i
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Y, Text File
File Number: 2020-0821
Agenda Date: 11/5/2020 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES
FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL
MULTI FAMILY, 12 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 RMF-12,
Residential Multi Family, 12 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 11/0,2020
City of Fayetteville Staff Review Form
2020-0821
Legistar File ID
10/20/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 10/2/2020 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property
located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and
contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY,
12 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 20, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: October 2, 2020
CITY COUNCIL MEMO
SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717):
Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK
ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.80 acres. The request is to rezone the
properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE.
RECOMMENDATION:
The Planning Commission recommends approval of an ordinance to rezone the subject proeprty
as descrbied and shown in the attached Exhibits 'A' and 'B'. Staff recommends denial of the
request.
BACKGROUND:
The subject property includes approximately 0.80 acres on the north side of Whillock Street in
South Fayetteville. Per the applicant, the building on the property has been used variously as a
rectory and a school, but is now a two-family dwelling. The subject property and most others along
Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying
to the southeast corner of the subject property. In 2017, the property to the west where a church
formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre.
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units
per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant stated at the
September 28, 2020 Planning Commission meeting that he would like to develop the property
with six duplexes.
Public Comment: Staff has received public comment from two nearby property owners expressing
concerns about the request. These primarily outlined the potential for additional traffic and parking
to adversely impact Whillock, given the street's narrow width. One resident noted that City and
other larger vehicles currently have to use private property to turn around due to the dead-end
length of Whillock.
Land Use Compatibility: In staffs opinion, the uses permitted within the RMF-12 zoning district
are generally compatible with those between the subject property and School Avenue. However,
the building form and intensity encouraged in the RMF-12 zoning district are incompatible with
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
the condition of Whillock Street and the residential uses to the east. Although this area may be
ideal for future development in -line with long-range planning goals, this currently appears
premature.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land
Use Map but not the goals outlined in City Plan 2040. Although properties designated as City
Neighborhood Area are intended to be developed with the widest range of residential and
nonresidential uses, staff asserts that the current proposal for the subject property is in direct
contravention with encouragement of appropriate infill. As indicated by the property's infill matrix
score of 3, the property and wider neighborhood along Whillock has minimal access to the
amenities and services that support infill and make it successfully contribute to an area.
Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and
connected neighborhood that offers the framework to positively support growth and density.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between
3 for the subject property. The following elements of the matrix contribute to the score:
• Future Land Use Map (City Neighborhood Area)
• Near Water Main (Whillock)
• Near Sewer Main (Whillock)
Note: The City is currently under development review for a fire station on South School,
approximately'/2 mile from the subject property.
DISCUSSION:
On September 14, 2020, the Planning Commission tabled the proposal and requested that staff
provide additional information about the 2017 rezoning approved to the west, the adequacy of
Whillock Street in terms of Fire Department access, a wider context of land uses in the area, and
potential alternatives to the applicant's proposal. Staff provided this information for the September
28, 2020 Planning Commission meeting (see attached staff report). At the meeting, the
Commissioners discussed varying issues, including the inconsistency of approving the rezoning
to the west, but not on the subject property, the lack of turnaround for emergency services and
other City vehicles, the inherent amenities presented by nearby employment and highway access,
the Growth Concept Map of City Plan 2040 with its anticipated growth center to the northwest,
and lastly, the balance of adequate infrastructure and desired land uses where zoning should be
set for a desired outcome prior to public improvement.
Ultimately, the Planning Commission forwarded the request to the City Council, recommending
approval, by a vote of 7-2-0. Commissioner Belden made the motion to forward with
Commissioner Hoffman providing the second. Commissioners Garlock and Paxton dissented. No
public comment was heard at the meeting, although a resident that issued comment after staff
report publication (attached) attempted to participate, but appeared to have technical issues.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
• Public Comment
RZN-2020-000005
Mistretta
RZN-2020-000005
EXHIBIT 'A'
Close Up view
SKELTON ST
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Legend
RSF-4
Hillside -Hilltop Overlay District
RI-12
—
— Planning Area
Feet
RMF-6
1-1 Heavy Commercial and Light Industrial
Lcz
_ r Fayetteville City Limits
0
75 150
300 450
600
I Design Overlay District
_
1 inch = 200 feet
Building Footprint
RZN-2020-000005
EXHIBIT 'B'
PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 114 of the Northwest 1/4
of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
630.00 feet to a found iron pin marking the POINT OF BEGINNING, thence continuing along said North line, South
89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South
02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49
minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the
POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 114 of the Northwest 1/4 of
Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly
described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33;
thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of
710.00 feet to a set rebar marking the POINT OF BEGINNING, thence continuing along said North line, South 89
degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North
line, South 08 degrees, 49 minutes, 56
seconds East a distance of 194.58 feet, to a found iron pin; thence North 89 degrees, 49 minutes, 53 seconds West a
distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26
feet to the POINT OF BEGINNING; containing 0.44 acres more or less.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
MEETING DATE: September 28, 2020 (Updated with Planning Commission Results)
SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717):
Submitted by JOSEPH MISTRETTA for property located at 660 W.
WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The
request is to rezone the properties to RMF-12, RESIDENTIAL MULTI
FAMILY, 12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends denial of RZN-2020-000005.
RECOMMENDED MOTION:
"I move to deny RZN-2020-000005."
SEPTEMBER 14, 2020 PLANNING COMMISSION MEETING:
On September 14t'', the Planning Commission tabled the item pending additional
information to guide their decision. The Commission requested the following:
• Staff report for the adjacent property's 2017 rezoning, RZN 17-5997 (attached)
Fire Marshal evaluation of Whillock Street: The Fire Marshal performed a site visit
and measured the length of the street as approximately 1,350 feet and its width as
18 feet from edge -of -asphalt to edge -of -asphalt. Dead end roads in between 501 and
750 are required under fire code to provide a minimum 26-foot width and a 96-foot
diameter turnaround, neither of which are present on Whillock. Dead ends in excess
of 750 fee require these elements and special approval.
Context: Whillock is a dead end street that has seen limited new construction since
1965. Buildings near School tend to be built near Whillock, while those further
uphill, towards the dead end, are setback well away from the street. This
neighborhood is separated from other residential uses by large undeveloped lots.
The adjacent School Avenue is the location of numerous businesses, from
manufacturing and vehicle sales to convenient stores and County facilities. School
Avenue at is intersection with Whillock is a state highway.
• Alternative Zoning Districts: Per the applicant's comments, their desire is to build
two 2-family dwellings. Based on informal measurements and County parcel
records, the two duplexes could be developed by -right under RI-12, RI-U, any RMF
district, or any mixed -use zoning district that requires urban form. By conditional
use, two 2-family dwellings are permitted in RSF-4, -7, -8, and -18.
BACKGROUND:
The subject property includes approximately 0.80 acres on the north side of Whillock Street in
South Fayetteville. Per the applicant, the building on the property has been used variously as a
rectory and a school, but is now a two-family dwelling. The subject property and most others along
Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying
to the southwest corner of the subject property. In 2017, the property to the west where a church
formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre.
Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
RSF-4, Residential Single-family, 4 Units per Acre
South
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units pff Acre
West
Former Church (Possibly Residential)
RI-12, Residential Intermediate, 12 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units
per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant has not
indicated plans for the property.
Public Comment: Staff has received public comment expressing concerns about the request
(attached). These primarily outlined the potential for additional traffic and parking to adversely
impact Whillock.
INFRASTRUCTURE:
Streets: The subject property has frontage to West Whillock Street, an unimproved
Residential Link with no curb and gutter, sidewalks, or greenspace. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present along Whillock Street.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present along Whillock Street.
Drainage: While the property is not within a FEMA-designated floodplain nor is it the location
of a protected stream, portions of the property are within the HHOD. Any additional
improvements or requirements for drainage will be determined at the time of
development.
Fire: The property is protected by Station 6, located at 900 South Hollywood, which is
about 3.2 miles away with an anticipated drive time of approximately 7 minutes
using existing streets. The anticipated response time would be approximately 9.2
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.
In the future, a new fire station is proposed at 2260 South School Avenue. The
subject property will be served by this location with an anticipated response time
of 5.2 minutes.
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 City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between
3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents
a score of 3_5. The following elements of the matrix contribute to the score:
• Future Land Use Map (City Neighborhood Area)
• Near Water Main (Whillock)
• Near Sewer Main (Whillock)
Note: The City is currently evaluating fire station locations in South Fayetteville, including one
location approximately 'h mile from the subject property which would likely result in a sub-4 minute
response time.
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: In staff's opinion, the uses permitted within the
RMF-12 zoning district are generallyt compatible with those between the
subject property and School Avenue. However, the building form and
intensity encouraged in the RMF-12 zoning district are incompatible with he
condition of Whillock Street and the residential uses to the east. Although
this area may be ideal for future development in -line with long-range
planning goals, this currently appears premature.
Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent
with the Future Land Use Map but not the goals outlined in City Plan 2040.
Although properties designated as City Neighborhood Area are intended to
be developed with the widest range of residential and nonresidential uses,
staff asserts that the current proposal for the subject property is in direct
contravention with encouragement of appropriate infill. As indicated by the
property's infill matrix score of 3, the property and wider neighborhood
along Whillock has minimal access to the amenities and services that
support infill and make it successfully contribute to an area. Similarly,
Whillock's dead-end status limits opportunities for creating a complete,
compact, and connected neighborhood that offers the framework to
positively support growth and density.
A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: The applicant's request letter describes the proposal as justified given the
previous non-residential use of the property. Additionally, they cite the 2017
rezoning of the property to the west to RI-12 as reasoning for approval of
their request. While staff finds that the Future Land Use Map provides some
support for the rezoning, overriding concerns regarding land use, access to
services and amenities, and existing infrastructure supersede this.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff does not find the applicant's proposal to represent a traffic danger, but
development of the property under the RMF-12 zoning district, and under a
development threshold that does not necessitate street improvements, may
adversely affect the functioning of Whillock. Whillock is narrow, at less than
20-foot in width in several places, with no curb and gutter or sidewalk.
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 to RMF-12 will lead to an increased density potential
over the current RSF-4 zoning designation. However, there are existing and
adequate water and sanitary sewer services to support development.
Additionally, neither the Police or Fire Departments, nor the Fayetteville
Public School District expressed concerns with the rezoning.
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: Not applicable. The property is currently being used residentially, and denial
of this request does not preclude continued use. Similarly, staff does not
find the City Council's decision to rezone the adjacent former church to
indicate the appropriateness of rezoning the subject property.
RECOMMENDATION: Planning staff recommends denial of RZN-2020-00005.
PLANNING COMMISSION ACTION: Required YES
Date: September 28, 2020 O Tabled M Forwarded O Denied
Motion: Belden, recommending approval
(Second: Hoffman
jVote: 5-2-0, Paxton and Garlock dissentin
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
c §161.07 — RSF-4, Residential Multi -family, 4 Units per Acre
o §161.14 — RMF-12, Residential Multi -family, 12 Units per Acre
• Staff Report, RZN 17-5997 (Moldenhauer)
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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 acre 4 or less 7 or less
(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
dwelling unit
Hillside Overlay
District Lot
minimum width
Hillside Overlay
District Lot
area minimum
Land area per
dwelling unit
8,000 square feet 6,000 square feet
60 feet 70 feet
8,000 square feet 12,000 square feet
8,000 square feet 6,000 square feet
(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-
19)
161.14 -District RMF-12, Residential Multi -Family -Twelve (12) Units Per Acre
(A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of
multi -family residences at a moderate density that is appropriate to the area.
(B) Uses.
(1)
Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 26
Multi -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 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density
Units per acre 12 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home park
50 feet
Single family
45 feet
Two (2) family
45 feet
Three (3) and more
80 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park 3 acres
Lot within a manufactured home park 4,200 square feet
Townhouse: Individual lot 2,500 square feet
Single-family
4,500 square feet
Two (2) family
6,000 square feet
Three (3) or more
9,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home 3,000 square feet
(E) Setback requirements.
Side
Side Single &
Rear
Rear
Front
Other
Two (2)
Other
Single
Uses
Family
Uses
Family
A build -to zone that is located between
the front property line and a line 25 feet
8 feet
5 feet
20 feet
5 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. 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.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building area. The area occupied by all buildings shall not exceed 50% 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. 4325, 7-3-01; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09, Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13: Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No.
6245 , §2, 10-15-19)
IVA
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Planner
MEETING DATE: December -111 2017 UPDATE 12-15-2017
SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER,
717): Submitted by TIM MOLDENHAUER for property at 690 W.
WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately
0.54 acres. The request is to rezone the properties to RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN 17-5997 to the City Council with a recommendation of
approval, based on the findings herein.
BACKGROUND:
The property is located on the north side of Whillock Street, east of south School Street. The site
contains a 1,889 square foot concrete block building constructed in the 1948. The building has
been used as a church, and appears to have been constructed for that use. The property contains
approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is
surrounded by a variety of land uses including single-family, two-family, and undeveloped land.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Commercial/Single-
family/Undeveloped
RSF-4, Residential Single-Family/C2,
Thorou hfar/e Commercial
South
Two-family Homes
RSF-4, Residential Single -Family
East
Single-family Homes/ Two-family
Homes
RSF-4, Residential Single -Family
West
Single-family Homes
RSF-4, Residential Single -Family
DISCUSSION:
Request: The property owner requests to rezone the property to RI-12, Residential
Intermediate/12 units per acre.
Public Comment: Staff has received no public comment.
MManning ommission
Mailing Address:
De ember 11, 2017
113 W. Mountain Street www.fayettevllleA WItem 7
Fayetteville, AR 72701 17-5997 Moldenhauer
Page 1 of 16
Streets: The subject parcel has access to West Whillock Street. Whillock Street is an
unapproved two lane asphalt street with no sidewalk, no curb and gutter, and no
storm drains. Any street improvements required in these areas would be
determined at the time of development proposal.
Water: Public water is available to the site. There is a 6-inch main along West Whillock
Street.
Sewer: Public sewer is available to the site. There is a 8-inch main along West Whillock
Street.
Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of
the parcel lies within the HHOD. There are no protected streams on this parcel.
There are no hydric soils identified on this parcel. Any additional improvements
or requirements for drainage will be determined at time of development.
Fire: The Fire Department had no comment.
Police: The Police Department had no comment.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than
residential neighborhood areas and provide a varying mix of nonresidential and residential uses.
This designation supports the widest spectrum of uses and encourages density in all housing
types, from single family to multi -family. City Neighborhood Areas encourage complete, compact
and connected neighborhoods and non-residential uses are intended to serve the residents of
Fayetteville, rather than a regional population. While they encourage dense development
patterns, they do recognize existing conventional strip commercial developments and their
potential for future redevelopment in a more efficient urban layout.
City Neighborhood Guiding Policies:
a. Protect adjoining properties from the potential adverse impacts associated with non-
residential uses adjacent to and within residential areas with proper mitigation measures
that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on
property values.
b. Provide non-residential uses that are accessible for the convenience of individuals living
in residential districts and where compatibility with existing desirable development patterns
occurs.
c. Reduce the length and number of vehicle trips generated by residential development by
enhancing the accessibility to these areas; encourage walkability as part of the street
function.
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: The proposal to rezone the property to the RI-12 zoning district will allow the
property to be developed with moderate density residential uses that are
consistent with City policies and goals for the neighborhood.
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 2 of 16
Land Use Compatibility: The proposed zoning is compatible with
surrounding land uses, currently a variety of parcel sizes and shapes
developed with a combination of single and two-family homes. The RI-12
zoning district would allow the subject property to be divided into two lots,
on which 1,2,3, or 4 units could be constructed. The practical limit of units is
considerably lower, however. The Property was developed as a church
several decades ago. As such, the property is recognized as an area with an
established use of greater intensity than the remainder of the surrounding
neighborhood; the higher density zoning would be compatible with the
character of the neighborhood.
Land Use Plan Analysis: The proposal is consistent with the goals of the City
Plan 2030 Future Land Use Map, which designates this property as City
Neighborhood Area, which anticipates a wide variety of land uses, including
dense residential development and commercial uses where appropriate. The
proposed zoning allows development patterns that encourage traditional
town forms intended to decrease vehicle trips and create walkable
environments over time.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the proposed rezoning from low density residential zoning to an
intermediate density is justified. This is due in part because the property
contains an institutional building that has been vacate for several years and
is apparently not suited to single-family residential use. The proposal will
create opportunity for appropriate infill development, the first goal of City
Plan 2030.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has direct access to Whillock Street, a partially improved two lane,
dead end street with low traffic volumes. The proposed zoning would allow
uses likely to increase traffic in the area, but staff finds that development is
unlikely to contribute to traffic danger and congestion at this location.
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 RI-12 will allow residential development
at increased residential densities more than is currently allowed, however
that development should not undesirably increase the load on public
services. The Police and Fire Departments have expressed no objections to
the 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:
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Comm ission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 3 of 16
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:
Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation for
approval as proposed.
RECOMMENDED MOTION:
"I move to forward RZN 17-5997 to the City Council with a Planning Commission recommendation
of approval."
PLANNING COMMISSION ACTION: Required YES
Date: December 11, 2017 O Tabled 71 Forwarded O Denied
Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF.
(Second: SCROGGIN
ote: 7-0-0
CITY COUNCIL ACTION: Required YES
Date: January 2, 2017 O Approved 71 Denied
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07, RSF-4, Residential Single-family/4 units per acre
o §161.11, RI-12, Residential Intermediate 12 Units per acre
• Fire Department Comments
• Request Letter
• Proposed Rezoning Exhibit
• One Mile Map
• Close Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 4 of 16
UDC SECTIONS
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
(C) Density.
Single-
Two (2)
family
family
dwellings
dwellings
Units per 4 or less
7 or less
acre
Planning Commission
December 11, 2017
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(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 5 of 16
(D) Bulk and Area Regulations.
Single-family Two (2)
dwellings family
dwellings
Lot minimum
width
Lot area
minimum
Land area
per
dwelling unit
Hillside
Overlay
District Lot
minimum
width
Hillside
Overlay
District Lot
area
minimum
Land area
per
dwelling unit
70 feet 80 feet
8,000 12,000
square feet square feet
8,000 6,000 square
square feet feet
60 feet 70 feet
8,000 12,000
square feet square feet
8,000 6,000 square
square feet feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 45 feet
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Comm ission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 6 of 16
161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of
detached and attached dwellings in suitable environments, to provide a development potential
between low density and medium density with less impact than medium density development, to
encourage the development of areas with existing public facilities and to encourage the development
of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit
Three (3) and four (4) family
10
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 36
Wireless communications facilities
(C) Density.
Units per acre 12
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 7 of 16
(D) Bulk and Area Regulations.
Single- Two (2) Three (3)
family family family
Lot width 50 feet 50 feet 90 feet
minimum
Lot area 5,000 7,260 10,890
minimum square square square
feet feet feet.
(E) Setback Requirements.
Side
Side
Rear
Rear
Front
Other
Single &
Other
Single
Uses
Two (2)
Uses
Family
family
A build -to zone that
is located between
the front property
8 feet
5 feet
20 feet
5 feet
line and a line 25
feet from the front
property line.
(F) Building Height Regulations.
Building height maximum 30/45 feet
'A building or a portion of a building that is located between 0 and 10 feet from the front property line or
any master street plan right -of- way line shall have a maximum height of 30 feet. 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 45 feet.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965. App. A., Art. 5([[A): Ord. No. 3128, 10-1-85: Code 1991, § 160.032: Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99: Ord. No. 5028, 6-19-07: Ord. No. 5224, 3-3-09:
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Developmen t Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 8 of 16
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , § 1, 11-1-16;
Ord. No. 5945 , § §4, 8, 9, 1-17-17)
Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing
structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming
uses.
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of
such lot.
(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)
Planning Commission
December 11, 2017
G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7
(Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer
Page 9 of 16
CITY OF
•
� �Vl )017�. e
ARKANSAS
TO: Quin Thompson, Planner
CC: Assistant Chief Harley Hunt, Fire Marshal
Battalion Chief Brian Sloat, Deputy Fire Marshal
FROM: Rodney Colson, Fire Protection Engineer
DATE: December 6, 2017
SUBJECT: RZN 17-5997: Rezone (690 W. Whillock St./Moldenhauer, 717)
,,,rF-TEVgCIF
FIRE
DE11
F
•.R N
The Fire Department has no issues with the rezoning request. Fire access, water supply, and fire
protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of
development.
FAYETTEVILLE FIRE MARSHAL'S OFFICE anning ommission
December 11, 2017
833 N. Crossover Road www.fayett-. 11 Adbrida item 7
Fayetteville, AR 72701-2701 17-5997 Moldenhauer
Page 10 of 16
VN
= —
- -h fix: - •'r'9Av "+4► .-Tr.:r
�., Y .:�. •i,�F �- ft z ,� � _ y"yt>� 'y` - IN
xiL
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-541
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9
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mission
r5�""n Gml 1, 2017
J M-:ice "* A a Item 7a
n uer
Page 11 of 16
October 24, 2017
Fayetteville Planning Commission
To Whom It May Concern,
Please accept this request to rezone 690 W Willock St, 765-15503-000. The
current zoning is RSF-4 and the desired zoning is RI-12.
Sincerel
1
Tim
oldenhauer
Moldenhauer Real Estate Inc
479-790-1683
Planning Commission
December 11, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 12 of 16
Agenda Item 7
17-5997 Moldenhauer
Page 13 of 16
RZN 17-5997
Close Up View
Y%r rfffffff
Legend
Hillside -Hilltop Overlay District
MOLDENHAUER
RJI -4
Planning Area Feet
L _� Fayetteville City Limits
----_0 75 150 300 450 600
I Design Overlay District
1 inch = 200 feet
Building Footprint
A&
NORTH
Planning Co mission
DecemLffj 1, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 14 of 16
Agenda Item 7
17-5997 Moldenhauer
Page 15 of 16
RZN17-5997
Future Land Use
GREENWOOD ST
`•.�MONTGOMERY ST
i
SUNRISE MOUNTAIN RD
Legend
Planning Area
Fayetteville City Limits
Trail (Proposed)
Design Overlay District
Building Footprint
MOLDENHAUER
I
i
i
i
HILLOCK ,ST
)RROW DR
Feet
CHERRY ST
SKELTON ST
0 145 290 580 870 1,160
1 inch = 400 feet
NORTH
FUTURE LAND USE 2030
Rural Area
Residential Neighborhood Area
City Neighborhood Area
Industrial
Planning Co mission
December 1, 2017
Agenda Item 7
17-5997 Moldenhauer
Page 16 of 16
RZN-2020-000005
Request
Letter Compatibility Statement
This lot has served as a home for non-residential activities in the past, including the site
of a rectory, church parking, and a school, with the acceptance of the neighborhood. In
fact, the adjacent lot to the west has been approved for a even more aggressive
rezoning. This being RI-12.
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 9 of 15
Curth, Jonathan
From: Moore, Tammy <Tammy.Moore@us.loomis.com>
Sent: Tuesday, August 25, 2020 2:23 PM
To: Curth, Jonathan
Cc: jntmoore6l@aol.com
Subject: RE: Rezoning 660 W Whillock st
RZN-2020-000005
Public
Comment
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
i the sender and know the content is safe.
Good evening Mr. Curth,
To start my name is Tammy Moore and my husband and I reside at 506 W Whillock St.
Fayetteville, AR 72701.
We have lived on Whillock 23yrs this August. We moved here because it was a place to start and
raise our family. A place that was close enough to the city, yet secluded enough to still have that "out
in the country" feel.
I have a few concerns about the rezoning of the land at 660 Whillock.
Traffic/parking: We already struggle to get out of our drives, because the road has been built up so
much over years, having to stop for oncoming traffic while going up and down the road or dodge
parked cars taking up an already narrow road in areas. It's a dead end street with little, to no, goods
turn around areas. And the trash men on many occasions have issues even getting recycling on
Thursdays.
So I ask, how does this get fixed without major inconvenience to those of us that live at the
dead end if someone decided to build multifamily spaces? Can the street handle the additional
traffic?
Street- Wouldn't the street have to be widen and/or repaired? What will that intel? Will those of us on
the dead end with no other exit could we be impacted?
Curbs, sidewalks and drainage- Our street has none of these. I'm not a contractor or developer, but
wouldn't we have to have something if we are developing new construction on the street that will be
adding additional homes/multifamily spaces?
Hill Top- How would this effect the Hill Top Water area. I'm actually very confused about this one. I
have been told we are in the Hill Top and then I have been told we aren't. We need better clarification
on this.
What about my land?- We own the 5.32 acres that meets his property. If they build how does my
property get protect from additional erosion? What happens to my property value? What more will this
cost me in the end to protect what is mine?
If you have never been on our street take a trip one day. It is well established, and yes it is very quiet
and we all have our own space. We aren't sitting on top of each other. More residents on our street,
means more people, more people means more traffic and no more quite street. Thank you for your
time.
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 10 of 15
Thank you,
Mrs. Tammy Moore
506 W Whillock St
Fayetteville , AR 72701
479-200-1262
Planning Commission
September 14, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 11 of 15
Agenda Item 7
RZN 20-000005 Mistretta
Page 12 of 15
Agenda Item 7
RZN 20-000005 Mistretta
Page 13 of 15
RZN-2020-000005 Mistretta _
Current Land Use NORTH
Undeveloped
j.
,
• �,� �.IYF
ye 41.} k
061
'e
i s if Subject
°^ Property
Single -Family Residential
w,"
HILLC
,
Single -Family Residential
_; Planning Area
Fayetteville City Limits
i Design Overlay District
Undeveloped
Feet
0 35 70 140 210 280
1 inch = 100 feet
Single -Family Residential ,-
FEMA Flood Hazard Data
100-Year Floodplain
® Floodway
Planning Co mission
4, 2020
Agenda Item 7
RZN 20-000005 Mistretta
Page 14 of 15
Agenda Item 7
RZN 20-000005 Mistretta
Page 15 of 15
Curth, Jonathan
From: Planning Shared
Sent: Thursday, September 24, 2020 5:22 PM
To: Curth, Jonathan
Subject: FW: Zoning change 660W. Whillock
Willie Benson
Planning Technician
Planning Division
City of Fayetteville, Arkansas
479-718-7625
-----Original Message -----
From: Russell <russellmc@cox.net>
Sent: Wednesday, September 23, 2020 1:34 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Zoning change 660W. Whillock
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.
Commissioners,
My name is Russell Cable and I live at 701 W. Whillock St. I'm writing in response to the re -zoning of 660 W. Whillock
to a RMF-12.
Here are my 2 major concerns:
1. The street isn't sufficient to handle the extra traffic and emergency vehicles. It 's a dead end street with no turn
around area at the end.
It's not a cul-de-sac. The width along with no sidewalks and open deep ditches makes it difficult for turning around if
needed. The recycling and sanitation trucks currently have to back up the majority of the length of the street for
services. They use the "old" church drive way for that.
2. Sidewalks. There are no sidewalks on this street or where it joins S.School. This could also be an issue seeing that it's
in the Greenland school district and within walking distance to the school.
Russell Cable
1
DemocratizetteVW
P. ?CX 16071AYET-EViLLE, AR 71iC2 • 479-i42.1%O. - FiY. 479•095-1118
• 'v .,1;.��4",'Ai)G. 1
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 6372
Was inserted in the Regular Edition on:
November 8, 2020
Publication Charges: $83.60
Brittany 9mith
Subscribed and sworn to before me
This R day of MOV , 2020.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
7.
GP M�c,9�0�aN �6,
Ordinance: 6372
File Number. 2020-0821
RZN-2020-005 (660 W. WHILLOCK
ST./MISTRETTA):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-005
LOCATED AT 660 WEST
WHILLOCK STREET FOR
APPROXIMATELY 0.80 ACRES
FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE TO RMF-12, RESIDENTIAL
MULTI FAMILY, 12 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 RMF-12, Residential Multi
Family, 12 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
11 /5/2020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75345185 Nov 8, 2020