HomeMy WebLinkAboutOrdinance 6375113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6375
File Number: 2020-0896
RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL):
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II
Doc ID: 019575280004 Type: REL
Kind: ORDINANCE
Recorded: 11/30/2020 at 03:46:43 PM
Fee Amt: $30.00 Paqe i of 4
Washinqton County, AR
Kyle Sylvester Circuit Clerk
File202O-00043753
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY
0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial
to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 11/5/2020
Page 1 Printed on 1116120
Ordinance: 6375
File Number 2020-0896
Attest:
R K
Kara Paxton. City Clerk Treasurer EVQ�:'_
Page 2 Printed on 1116120
RZN-2020-000012
Hoist -Powell
EXHIBIT'A'
RZN-2020-000012
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RSF-4
RSF-7
Planning Area
RW
RMF-24
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RMF-40
' Fayetteville City Limits
1-1 Heavy Commercial and Light Industrial
Feet
Residential -Office
Trail (Proposed)
rrC-2
j. Design Overlay District
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75 150
300 450
Main treet Center
600 Downtown General
1 inch = 200 feet
Neighborhood Conservation
Building Footprint
EXHIBIT `B'
RZN-2020-000012
DESCRIPTION OF PROPERTY FROM DEED 2004-00026403, TO PATRICIA
POWELL, PARCEL # 765-12964-000, COMBINED WITH PROPERTY FROM
DEED 2018-00011281, TO STEPHEN MERRILL HOLST AND WILMA
BURNETTA HINTERTHUER, PARCEL # 765- 12972-000, INTO ONE LEGAL
DESCRIPTION, TO WIT;
A PART OF THE SE V4 OF THE SW V4, OF SECTION 16, T16N, R30W, 5'h
PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER THEREOF, THENCE ALONG
THE EAST LINE THEREOF, SOUTH 50 FEET, TO THE POINT OF
BEGINNING, THENCE ALONG SAID EAST LINE, SOUTH 121 FEET, THENCE
LEAVING SAID EAST LINE, WEST 132 FEET, THENCE NORTH 121 FEET,
THENCE EAST 132 FEET TO THE POINT OF BEGINNING, CONTAINING
15,972 SQUARE FEET, OR 0.367 ACRE.
Washington County, AR
I certify this instrument was filed on
11/30/2020 03A6A3 PM
and recorded in Real Estate
File Number 2020-00043753
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
' Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2020-0896
Agenda Date: 11/5/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 4
RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES
FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from I-1, Heavy Commercial & Light Industrial to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 111612020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0896
Legistar File ID
11/5/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
10/16/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, 522): Submitted by MAYA DAMET-POWELL for
properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties to RI-
U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
IARKANSAS
MEETING OF NOVEMBER 5, 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: October 16, 2020
CITY COUNCIL MEMO
SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, 522):
Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S.
GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT
INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The
request is to rezone the properties to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
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 properties are located near downtown Fayetteville along S. Gregg Avenue. The
request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue, with
a single-family home that was constructed in 1936, and the other with a 4-plex constructed in
1916. The properties have been zoned industrially since at least the 1970s, and the current zoning
district is 1-1, Heavy Commercial & Light Industrial.
Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light
Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue
intends to make an addition to the existing single-family dwelling. No development plans have
been submitted for 300 S. Gregg Avenue.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility: This neighborhood along S. Gregg Avenue is primarily residential in
nature, but has a mix of residential zoning districts, ranging from RSF-4, Residential Single -
Family, 4 Units Per Acre, to RMF-40, Residential Multifamily, 40 Units per Acre, to R-O,
Residential Office. Staff finds that these two historically residential properties, zoned 1-1, are a
residual island of a legacy zoning district that no longer aligns with the current surrounding land
uses; the by -right allowances of uses allowed in 1-1 at this location would be out of scale and
compatibility with existing infrastructure and neighboring residential properties. The permitted
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
uses in the RI-U zoning district offer a diversity of housing types, which aligns with the current
neighborhood conditions and the uses currently operating on the site. The requested district also
offers compatible bulk, area, and height requirements. Finally, the requested zoning district would
bring these properties into zoning compliance and eliminate their non -conforming status.
Land Use Plan Analysis: Staff finds 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 City Neighborhood Area, which encourages a wide variety of uses, and a
variety of housing types. The infill score for this neighborhood is high, so encouraging a zoning
district that has no stated density maximum is ideal for this neighborhood in the long run. Further,
RI-U and its associated build -to -zone will encourage any future construction at the street in an
urban form and away from the sensitive stream corridor to the southeast.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site. The following elements of the matrix contribute to the score:
• Sufficient Intersection Density
• Appropriate Land Use (City Neighborhood Area)
• Near Grocery Store (Walmart Neighborhood Market)
• Near ORT Bus Stop (Route 20)
• Near Park (Frisco Park/Fay Jones Woods)
• Near Public School (Fayetteville High School)
• Near Razorback Bus Stop
• Near Sewer Main (S. Gregg Avenue)
• Near Paved Trail (Razorback Greenway)
• Near U of A Campus
• Near Water Main (S. Gregg. Avenue)
• Adequate Fire Response (Station 1, located at 303 W. Center Street)
DISCUSSION:
At the October 12, 2020 Planning Commission meeting, commissioners unanimously voted to
forward the subject item to City Council for approval with a vote of 9-0-0, with a motion from
Commissioner Hoffman and Commissioner Belden seconding. Commissioner Hoffman
commented that RI-U in existing neighborhoods has brought good outcomes but felt there is a
risk for undesirable urban conditions that the commission should rectify before it becomes an
issue. No public comment was heard on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2020-000012 Hoist -Powell EXHIBIT'A'
Close Up View
RZN-2020-000012
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Fayetteville City Limits
L � Trail (Proposed) Feet
j — Design Overlay District 0 75 150 300 450
Building Footprint 1 inch = 200 feet
RSF-4
RSF-7
RI-L1
RMF-24
1♦ RMF-40
1-1 Heavy Commercial and Light industrial
Residential -Office
C-2
i♦ Main Street Center 600
Downtown General
Neighborhood Conservation
P-1
EXHIBITS'
RZN-2020-000012
DESCRIPTION OF PROPERTY FROM DEED 2004-00026403, TO PATRICIA
POWELL. PARCEL # 765-12964-000. COMBINED WITH PROPERTY FROM
DEED 2018-00011281, TO STEPHEN MERRILL HOLST AND WILMA
BURNETTA HINTERTHUER. PARCEL # 765- 12972-000. INTO ONE LEGAL
DESCRIPTION, TO WIT.
A PART OF THE SE V4 OF THE SW V4, OF SECTION 16, T16N, R30W, 5",
PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY,
ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER THEREOF, THENCE ALONG
THE EAST LINE THEREOF, SOUTH 50 FEET, TO THE POINT OF
BEGINNING. THENCE ALONG SAID EAST LINE. SOUTH 121 FEET, THENCE
LEAVING SAID EAST LINE, WEST 132 FEET, THENCE NORTH 121 FEET,
THENCE EAST 132 FEET TO THE POINT OF BEGINNING, CONTAINING
15,972 SQUARE FEET, OR 0.367 ACRE.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jonathan Curth, Development Review Manager
FROM: Jessie Masters, Senior Planner
MEETING DATE: October 12, 2020 Updated with PC hearing results from 10/12/2020
SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-
POWELL, 522): Submitted by MAYA DAMET-POWELL for properties
located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1,
HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with
approximately 0.37 acres total. The request is to rezone the properties to
RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN 2020-000012 to City Council with a recommendation for
approval.
RECOMMENDED MOTION:
"I move to forward RZN 2020-000012 to City Council with a recommendation for approval."
BACKGROUND:
The subject properties are located near downtown Fayetteville along S. Gregg Avenue. The
request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue. 226
S. Gregg Avenue contains one single-family home that County records indicate was constructed
in 1936, and 300 S. Gregg Avenue contains a 4-plex that County records indicate was constructed
in 1916. The properties have been zoned industrially since at least the 1970s, and the current
zoning district is 1-1, Heavy Commercial & Light Industrial. Surrounding land uses and zoning is
depicted in Table 1.
Table 1
Surroundinn Land LIcP and 7nninn
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-7, Residential Single -Family, 7 Units perAcre
South
Undeveloped/Single-Family Residential
R-O, Residential -Office
East
Undeveloped
DG, Downtown General
West
Multi -family Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light
Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue
intends to make an addition to the existing single-family dwelling. No development plans have
been submitted for 300 S. Gregg Avenue.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 1 of 14
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Gregg Avenue, which is an unimproved
Urban Center street with asphalt paving and open ditches. 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 the subject area. An existing 6-inch water main is
present in the center of S. Gregg Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 10-inch sanitary sewer
main is present in the center of S. Gregg Avenue.
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. Hydric soils appear to be present on the west side of the subject area. The
property does not lie within a FEMA floodplain, but Tanglewood Branch, a
protected stream, in present in the southeast portion of 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 1, located at 303 W. Center Street., protects the site. The property is
located approximately 0.6 miles from the fire station with an anticipated drive time
of approximately 3 minutes using existing streets. The anticipated response time
would be approximately 5.2 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 City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site, with a weighted score of 17 at the highest level. The following elements of the matrix
contribute to the score:
• Sufficient Intersection Density
• Appropriate Land Use (City Neighborhood Area)
• Near Grocery Store (Walmart Neighborhood Market)
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 2 of 14
• Near ORT Bus Stop (Route 20)
• Near Park (Frisco Park/Fay Jones Woods)
• Near Public School (Fayetteville High School)
• Near Razorback Bus Stop
• Near Sewer Main (S. Gregg Avenue)
• Near Paved Trail (Razorback Greenway)
• Near U of A Campus
• Near Water Main (S. Gregg. Avenue)
• Adequate Fire Response (Station 1, located at 303 W. Center Street)
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: This neighborhood along S. Gregg Avenue is
primarily residential in nature, but has a wide mix of residential zoning
districts, ranging from RSF-4, Residential Single -Family, 4 Units Per Acre, to
RMF-40, Residential Multifamily, 40 Units per Acre, to R-O, Residential Office.
Staff finds that these two historically residential properties, currently zoned
1-1, are a small, residual island of a legacy zoning district that no longer
aligns with the current surrounding land uses; the by -right allowances of
uses allowed in 1-1 at this location would be out of scale and compatibility
with existing infrastructure and neighboring residential properties. Staff is
supporting the request to rezone the properties to bring consistency to the
neighborhood, and supports the request for the RI-U, Residential
Intermediate — Urban zoning district. The permitted uses in the RI-U zoning
district offer a diversity of housing types, which aligns with the current
neighborhood conditions and the uses currently operating on the site in
question. The requested district also offers compatible bulk, area, and height
requirements. Finally, the requested zoning district would bring these
properties into zoning compliance and eliminate their non -conforming
status.
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 City
Neighborhood Area, which encourages a wide variety of uses, and a variety
of housing types. The infill score for this neighborhood is also high, so
encouraging a zoning district that has no stated density maximum is ideal
for this neighborhood in the long run. Further, RI-U and its associated build -
to -zone will encourage any future construction at the street in an urban form
and away from the sensitive stream corridor to the southeast.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezone from 1-1 to RI-U is consistent with long-term land
use plans, and brings the site into agreement with City Plan 2040 as a City
Neighborhood area, therefore making this request justified from the City's
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 3 of 14
perspective. The 1-1 zoning no longer aligns with the current surrounding
context, nor the long-term land use plans for the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RW does have the potential to increase traffic to
the street by allowing residential uses by -right. However, given the acreage
on site, and that one property is currently a 4-plex and the other is a single-
family dwelling, staff does not find that the by -right use allowances in RW
would increase traffic danger to an unsafe condition 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 1-1 to RW would have the potential to increase
the population density, since 1-1 does not currently allow residential uses at
all. That said, the properties are already residential in nature, and any
increase in population density would likely be absorbed by the existing
infrastructure.
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-2020-000012 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: October 12, 2020
(Motion: Hoffman
(Second: Belden
Vote: 9-0-0
O Tabled 0 Forwarded O Denied
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 4 of 14
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.30 - District 1-1, Heavy Commercial And Light Industrial
o §161.12 - District RI-U, Residential Intermediate - Urban Request letter
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Hoist -Powell
Page 5 of 14
161.30 - District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this district
are intended to provide a degree of compatibility between uses permitted in this district and those in nearby
residential districts.
(8) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 3 Public protection and utility facilities
Unit 4 Cultural and recreational facilities
Unit 5 Government Facilities
Unit 6 Agriculture
Unit 13 Eating places
Unit 16 Shopping goods
Unit 17 Transportation trades and services
Unit 18 Gasoline service stations and drive-in/drive through restaurants
Unit 21 Warehousing and wholesale
Unit 22 Manufacturing
Unit 25 Offices, studios and related services
Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks
Unit 42 Clean technologies
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining A or R districts 50 feet
Front, when adjoining C, I, or P districts 25 feet
Side, when adjoining A or R districts 50 feet
Side, when adjoining C, I, or P districts 10 feet
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 6 of 14
Rear
25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 boundary line of an adjacent residential 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. None.
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77, Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79, Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99, Ord. No. 4992, 3-
06-07, Ord. No. 5028, 6-19-07, Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10, Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10, Ord. No. 5472, 12-20-11, Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17, Ord.
No. 5982 , §1, 6-20-17, Ord. No. 6015 , §1(Exh. A), 11-21-17)
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 7 of 14
161.12 - District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-
family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 8 Single-family dwellings
Unit 9 Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
Unit 41 Accessory dwellings
Unit 44 Cluster housing development
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
Front Side Other Side Single & Rear Other Rear, from centerline
Uses Two (2) Family Uses of an alley
A build -to zone that is located
between the front property, line and a None 5 feet 5 feet 12 feet
line 25 feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories'
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Hoist -Powell
Page 8 of 14
' A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master
street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set
back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 9 of 14
Dear Planning Commission,
I, along with my neighbor Steve Holst, am writing to request that the properties 226
South Gregg Ave and 300 South Gregg Ave be rezoned from an industrial district (I-1) to
a residential (RI-U). Both of these properties are residential in function. There are no
current or future industrial uses/purposes for these properties, and it appears the current
zoning district is outdated and no longer complies with long-term land use plans for the
area. City Plan 2040 identifies the location as a city neighborhood area, making it's
rezoning all the more appropriate. City Neighborhood Areas encourage dense residential
development, which the requested zoning district allows for.
It came to our attention that the properties were zoned as industrial when I, Patricia
Powell, submitted a building permit to add an addition to my home (226 South Gregg
Ave). The permit was automatically denied due to its non -conforming use status and I
was informed of our current zoning. We request RI-U zoning to bring our non-
conforming structures into compliance so that further improvements to the properties can
be made, to align with future land use plans for the area, and to bring compatibility to the
surrounding neighborhood.
Please accept this application for rezoning.
Sincerely,
Patricia Powell and Steve Holst
Planning Commission
October 12, 2020
Agenda Item 5
RZN 20-000012 Hoist -Powell
Page 10 of 14
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 11 of 14
RZN-2020-000012
Close Up View
STONE
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L �
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Downtown General
Neighborhood Conservation
P-1 Planning Co mission
2, 2020
Agenda Item 5
RZN 20-000012 Hoist -Powell
Page 12 of 14
RZN-2020-000012
Future Land Use
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Rural Residential
I♦ Urban Center Planning J2,2020
mission
Agenda Item 5
RZN 20-000012 Holst-Powell
Page 14 of 14
NORTHWEST u K u`SAS Ordinance:6375
;, .. File Number: 2020-0896
I)ernocrat `r Onette RZN 2020-012(226&300 S.GREGG
'T AVE./HOLST-POWELL):
AN ORDINANCE TO REZONE THAT
_ _ _
Rcx iee,7 ;A�'ETT[V _ILLc, 1R '2/02•^4i(,,.44?-110C PAY ,1 79-;i4s-IITS• w ,,v;`b'1ADi;C;)m PROPERTY DESCRIBED IN
REZONING PETITION RZN 20-012
LOCATED AT 226&300 SOUTH
GREGG AVENUE FOR
APPROXIMATELY
AFFIDAVIT OF PUBLICATION 0.37 ACRES FROM I-1,HEAVY
COMMERCIAL&LIGHT
INDUSTRIAL TO RI-U,
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the URRSBID�NTIAL INTERMEDIATE-
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and BE IT ORDAINED BY THE CITY
publishedCOUNCI in said County, State of that I was so related to this FAYETTE ILF THE RKACITY S
F
Arkansas; FAYETTEVILLE,ARKANSAS:
publication at and during the publication of the annexed legal advertisement Section 1: That the City Council of the
the matter of: Notice pendingin the Court, in said County, and at the dates of City Fayetteville,Arkansas hereby
Y changes the zone classification of the
the several publications of said advertisement stated below,and that during said property shown on the map(Exhibit A)
periods and at said dates, said newspaper wasprinted and had a bona fide andt sae legal todesthe n(Exhibit B)
both attached to the Planning
circulation in said County; that said newspaper had been regularly printed and Department's Agenda Memo from I-I,
published in said County, and had a bona fide circulation therein for the period of Heavy Commercial&Light Industrial to
ty, RI-U,Residential Intermediate-Urban.
one month before the date of the first publication of said advertisement;and that Section 2: That the City Council of the
said advertisement waspublished in the regular dailyissues of said newspaper City of Fayetteville,Arkansas hereby
guamends the official zoning map of the
as stated below. City of Fayetteville to reflect the zoning
change provided in Section I.
SSED
City of Fayetteville 11/5/20 Oand APPROVED on
Ord 6375 Approved:
Lioneld Jordan,Mayor
Attest:
Kara Paxton,City Clerk Treasurer
Was inserted in the Regular Edition on: 75345189 Nov 8,2020
November 8,2020
Publication Charges: $82.08
S &
Brittany Smith
Subscribed and sworn to before me Gts
This ci dayof ,, II 2020. ��N '2" s
N� �GA�M \S9\OU ry 2%,202
Notary Public �8,I Z� '.
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
