HomeMy WebLinkAboutOrdinance 6428113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6428
File Number: 2021-0216
RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.):
Ki Doc 'DpRDI9877210003 Type: R ►►I►►IIIII►►I
Recorded: NCE
Fee Amt: 05/11/2021 at 10:58:59 AM
$st Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
F�1e202 1-000 1 762 1
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
Per Acre to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 4/20/2021
Approv Attest: ��'011111111rfr�
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FAYE7-rEVILLE :A
Lion an, ayor Kara Paxton, City Clerk Treasit�'. y,Q
Page 1 Printed on 41140
RZN-2021-000033 A&B Enterprises
p RZN-2021-000033
Close Up View I I EXHIBIT 'A'
lull -24
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I Proposed
RI-U
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Proposed
RI U
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Subject Property J
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HUNTSVILLE RD
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LEE ST NORTH
Zoning Acres
RMF-18 1.0
- Regional Link - High Activity Feet
- - - Trail (Proposed)
I - - ' 0 75 150 300 450 600
_ _, Fayetteville City Limits
` _ : Planning Area 1 inch = 200 feet Total 1.0
EXHIBIT 'B'
RZN-2021-000033
Parcel: 765-15206-000 - 0.33 Acres
A part of the NE % of the NW % of Section 23, in Township 16 North, of Range 30
West, Washington County, Arkansas, described as follows: Beginning at a point
which is 150 feet South of the NE corner of said forty -acre tract, and running,
thence West 120 feet; thence South 120 feet; thence East 120 feet; thence North
120 feet to the point of beginning.
Parcel: 765-15209-000 - 0.69 Acres
Part of the NE Y. of the NW % of section 23, Township 16 North, Range 30 West of
the Fifth Principal Meridian, Washington County, Arkansas, being more
particularly described as follows, to -wit: Commencing at the NE corner of said NE
of the NW %; thence West 120.00 feet to the point of the beginning; thence
South 270.00 feet; thence East 120.00 feet; thence South 10.00 feet; thence West
223.00 feet; thence North 280.00 feet; thence East 103.00 feet to the point of
beginning, containing 0.69 acres, more or less. Subject to easements and rights -
of -way of record, if any.
Washington County, AR
I certify this instrument was filed on
05/11 /2021 10:58:59 AM
and recorded in Real Estate
File Number 2021-00017621
Kyle Sylvester - Circuit Clerk
by ���
City of Fayetteville Arkansas 113 West Mountain Street
i Fayetteville, AR 72701
l (479) 575-8323
i\
?' Text File
File Number: 2021-0216
Agenda Date: 4/20/2D21 Version: 1 Status: Passed
In Control: City Council Meeting File —ype: Ordinance
Agenda Number: B.2
RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PE—ITION RZN
21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attazied to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 412112021
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2021-0216
Legistar File ID
4/6/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
3/19/2021 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC., 565): Submitted by MICHAEL ANDREWS for
property located at 797 W. CHERRY LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE
and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE -URBAN.
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 Resolition #
Approval Date:
v2o1So321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 6, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: March 19, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC.,
565): Submitted by MICHAEL ANDREWS for property located at 797 W. CHERRY
LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 1.02 acres. The request is to rezone the
property 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 property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E.
Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing
1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the
property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre.
Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No
development plans have been submitted by the applicant.
Public Comment: Staff has received public comment on the item in support of the request, with
concerns regarding the quality of S. Cherry Lane and any associated street improvements. Staff
also received comment in opposition to the rezoning, both during the Planning Commission
meeting and following the meeting.
Land Use Compatibility: The surrounding property is characterized by single-family residential,
though a mix of zoning districts currently govern the surrounding area, including RMF-24,
Residential Multi -Family, 24 Units per Acre, and RI-12, Residential Intermediate, 12 Units per
Acre. Staff finds that the current street infrastructure along S. Cherry Lane is narrow and lacks
sidewalks, but required street improvements would be assessed at the time of a specific
development proposal. A request to rezone the property to RI-U, Residential Intermediate —
Urban, allows for an increase in density for additional housing on the site that would be classified
as "missing middle." This would include duplexes and 3-4 family dwellings which would be
compatible with single-family dwellings. The requested zoning designation would not permit
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
apartment builcirgs with 5 units or more that may be out of scale given tl-e property's location
away from Cherry Lane's intersection with E. Huntsville Road. Staff finds teat the RI-U zoning
district and the minimum lot width of 18 feet would allow for infill development at this site, and
would help maximize the use of the land since there is greater land area behind the street's
frontage. Given the mix of zoning districts in the area, staff finds that FI-U would also work as a
transition for S. Cherry Lane from the RMF-24 zoning that is directly tc the west of the property,
should that lanc ever redevelop. Staff also finds that the site is within walking distance to available
services at Huntsville and Crossover, and within walking distance to transit ines.
Land Use Plan Analysis- Staff finds that the request is consistent with adop_ed land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The prooerty has a moderate
infill score of 6, which indicates that the area can likely support additional hog sing, but a rezoning
to a multi -family district may be too much too soon for the area. The req.aest also meets goals 1
and 6 of City Plan 2040, by providing infill development, as well as by orov ding a potential for a
variety of housing types, which could help fulfill a goal towards the provision of more attainable
housing.
CITY PLAN 204C INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site,
with a weighted score of 7. The following elements of the matrix contrit:ute to the score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road)
• Near Sewer Main (S. Cherry Lane)
• Near Water Main (S. Cherry Lane)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Mt. Sequoyah Woods)
• Near OR— Bus Stop (Route 20)
DISCUSSION:
At the March 8, 2021 Planning Commission meeting, a vote of 7-0-0 forwarced the request to the
City Council with a recommendation of approval. Commissioner Canada made the motion and
Commissioner Brown seconded. Commissioners agreed that the uses perm tted in RI-U allowed
for a moderate ircrease in density that was compatible for the surrounding neighborhood, given
its location between a Tier 2 center and a Tier 3 center. A member of the p.abl c spoke in opposition
to the request citiig concerns about the rear of her property being develcpec, and concerns about
the streets and lack of sidewalks in the neighborhood.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
0 Planning Commission Staff Report
RZN-2021-000033 A&B Enterprises
,Jose Up View
RMF-24
RSF-8 RSF-4
i
RZN-2021-000033
EXHIBIT 'A'
I RI-U
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a
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Q RI-12
Q'
Proposed
_ RI-U
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w Subject Property z
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2
C)
_ HUNTSVILLE RD
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LEE ST
- Regional Link - High Activity Feet
- - - Tail Proposed)
_ _i Fayetteville City Limas 0 75 150 300 450 600
`�: aniingArea 1 inch = 200 feet
AML
NORTH
Zoninq Acres
RMF-18 1.0
Total 1.0
EXHIBIT'B'
RZN-2021-000033
Parcel: 765-15206-000 - 0.33 Acres
A part of the NE % of the NW % of Section 23, in Township 16 North, of Range 30
West, Washington County, Arkansas, described as follows: Beginning at a point
which is 150 feet South of the NE corner of said forty -acre tract, and running,
thence West 120 feet; thence South 120 feet; thence East 120 feet; thence North
120 feet to the point of beginning.
Parcel: 765-15209-000 - 0.69 Acres
Part of the NE %4 of the NW % of section 23, Township 16 North, Range 30 West of
the Fifth Princ'pal Meridian, Washington County, Arkansas, being more
particularly described as follows, to -wit: Commencing at the NE corner of said NE
of the NW %; thence West 120.00 feet to the point of the begin -ling; thence
Scuth 270.00 feet; thence East 120.00 feet; thence South 10.00 feet; thence West
223.00 feet; thence North 280.00 feet; thence East 103.00 feet to the point of
beginning, containing 0.69 acres, more or less. Subject to easements and rights -
of -way of record, if any.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: March 8, 2021 paated with PC hearing results from 3/8/2021
SUBJECT: RZN 2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES,
565): Submitted by MICHAEL ANDREWS for property located at 797 S.
CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000033 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000033 to City Council with a recommendation of approval."
BACKGROUND:
The subject property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E.
Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing
1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the
property is currently zoned RSF-4, Residential Single -Family, 4 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
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units perAcre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units perAcre
East
Mixed -Density Residential
RI-12, Residential Intermediate, 12 Units per Acre
West
Single -Family Residential
RMF-24, Residential Multi -Family. 24 Units per Acre
Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No
development plans have been submitted by the applicant.
Public Comment: Staff has received public comment on the item in support of the request, with
concerns regarding the quality of S. Cherry Lane and any associated street improvements.
INFRASTRUCTURE:
Streets: The subject area has frontage along S. Cherry Lane. S. Cherry Lane is a minimally
improved Residential Link Street with asphalt paving and open ditches. Any street
Planning Commission
March 8. 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 1 of 15
imorovements required in these areas would be determ ned at the time of
development proposal as well as any additional improvements or requirements for
drainage.
Water: Public water is available to the subject area. An existing 6-inch water main is
present o i the west side of S. Cherry Lane.
Sewer: Sanitary sewer is available to the subject area. An existing E-inch sanitary sewer
main is present on the east side of S. Cherry Lane.
Drainage: Any additional improvements or requirements for drainage w II be determined at
time of development. No portion of the property is within the Hillside -Hilltop Overlay
District, and no hydric soils appear to be present on the property. The property
does not lie within a FEMA floodplain, nor is there a protected stream in the area.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately .4 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
tine. Within the City Limits, the Fayetteville Fire Department -1as 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 requast
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Lard Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages higl-ly 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 reighborhoods, such as retail and offices, on corners anc along connecting
corridors. This designation recognizes existing conventional subdivision deve.opments 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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site,
wi_h a weighted score of 7. The following elements of the matrix contribute tc :he score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road)
• Near Sewer Main (S. Cherry Lane)
• Near Wale- Main (S. Cherry Lane)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Mt. Sequoyah Woods)
• Near ORT Bus Stop (Route 20)
Planning Commission
March 8, 2021
Agenda Item 10
RZN-21-0000:33 A&B Ent.
Page 2 of 15
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: The surrounding property is characterized by
single-family residential, though a mix of zoning districts currently govern
the surrounding area, including RMF-24, Residential Multi -Family, 24 Units
per Acre, and RI-12, Residential Intermediate, 12 Units per Acre. Staff finds
that the current street infrastructure along S. Cherry Lane is
underdeveloped, but required street improvements would be assessed at
the time of a specific development proposal. A request to rezone the
property to RI-U, Residential Intermediate — Urban, allows for an increase in
density that would allow for additional housing on the site that would be
classified as "missing middle," including duplexes, and 3-4 family dwellings
which would be compatible with single-family dwellings, but would not
permit larger apartment buildings with 5 units or more that may be out of
scale given the property's location away from Cherry Lane's intersection
with E. Huntsville Road. Staff finds that the RI-U zoning district and the
minimum lot width of 18 feet would allow for infill development at this site,
and would help maximize the use of the land since there is greater land area
behind the street's frontage. Given the mix of zoning districts in the area,
staff finds that RI-U would also work as a transition for S. Cherry Lane from
the RMF-24 zoning that is directly to the west of the property, should that
land ever redevelop. Staff also finds that the site is within walking distance
to available services at Huntsville and Crossover, and within walking
distance to transit lines.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, or goals of
City Plan 2040. The property has a moderate infill score of 6, which indicates
that the area can likely support additional housing, but a rezoning to a multi-
family district may be too much too soon for the area. The request also meets
goals 1 and 6 of City Plan 2040, by providing infill development, as well as
by providing a potential for a variety of housing types, which could help fulfill
a goal towards the provision of more attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone to a higher density than RSF-4 is justified at this area, given the
proximity to available amenities and alignment with the City's goals 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 RI-U at this site would increase traffic to the site,
and given the minimally improved quality of S. Cherry Lane, staff finds that
street improvements would very likely be required by the developer with any
Planning Commission
March 8. 2021
Agenda Item 10
RZN-21-000033 A&B Ent
Page 3 of 15
associated development. Staff does find that the site is within 1300 feet of
the intersection with N. Crossover and E. Huntsville Roads, and that the site
is also close to available transit, so availability for alternative transportation
at the site somewhat alleviates these concerns.
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-U would certainly have the potential
to increase population density in this area. That said, staff finds that this
in--remental increase in zoning, with the available water and sewer to the site
and proximity to a school leads staff to find that the area can support the
increase.
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 10 w-iether the proposed
zoning is _ustified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any cf the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justi=y the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDA—ION: Planning staff recommends forwarding RZN-2021-000033 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: March B, 2021 O Tabled $1 Forwarded O Denied
Motion: Canada with a recommendation of approval
Second: Brawn
7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
• §161.07 - District RSF-4, Residential Single -Family - FOU (4) Units Per Acre
§161.12 - District RI-U, Residential Intermediate — Urban
• Applicant Request Letter
Planning Commission
Ptarch 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 4 of 15
• Public Comrient
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commissior
March 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 5 of 15
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 :he development of low density
detached dwellings in suitable environments, as well as to protect existing develcp-nent of these types.
(B) Uses.
(1) Permitted Uses.
Jnit 1
City-wide uses by right
Jnit 8
Single-family dwellings
Jnit 41
Accessory dwellings J
(2) Conditional Uses.
Unit 2
i City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4Cultural
and recreational facilities
Unit 5
;Government facilities
Unit 9
Two-family dwellings
Unit 12aLimited
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 14 or less 7 or less
(D) Bulk and Area Regulations
Single-family
'Two (2) family
Idwellings
:dwellings i
Lot minimum width
170 feet
80 feet
Lot area minimum
,8,000 square feet
12,000 square feet
Land area per
A000 square feet
square feet
cwelling unit
l6,000
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
Hillside Overlay
District Lot
8,000 square feet
12,000 square feet
area minimum
Land area per
dwelling unit
8,000 square feet
6,000 square feet
Planninc Commission
March 8, 2021
Agenda Item 10
RZN-21-000)33 A&B Ent.
Page 6 of 15
(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)
Planning Commission
March 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 7 of 15
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 dwel ings 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 wakab a urban living.
(B) Uses.
(1) PermitteJ 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 3I
Public protection and utility facilities
Unit 4
Cultu-aland recreational facilities
Unit 5
Gove-nment facilities
Unit 12a
Limited business
Unit 24
j 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.
Side Side Single
Front Other
& Two (2)
Uses
Family
A build -to zone that is located
between the front property, line and None
5 feet
a line 25 feet from the front property
line.
Rear Rear, from
Other centerline of an
Uses alley
5 feet 12 feet
Planning Commission
March 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Fage8of15
(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.
(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
March 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 9 of 15
A & B Enterprises, LLC
2914 N College Ave STE 1 & 2 • Fayetteville, AR 7270 • 479.530.3606
Michael Andrews, President
Russell Brockman, Managing Member
January 29, 2021
RE: 797 S Cherry Lane Rezoning Request
Dear Fayetteville Planning and Development Service Divisions,
We have purchased two parcels located at 797 S Cherry Lane with at total acreage 1.02
acres. We are simultaneously applying for a Lot Line Adjustment to combine these two
parcels into one. This property faces east fronting on the west side of Cherry Lane.
We are proposing the subject property be considered for rezoning RSF-4 .o RI-U. We
believe this would be the highest and best use of this property, while taking into
consideration that there are three RMF-24 properties contiguous to tl-e subject property,
one RMF-24 parcel less that 50 feet to the Southeast across Cherry street from subject
property, and less than 325 feet to the Northwest on the same boundary lint that the rear
of our property touches a 1.4 acre RMF-24 parcel containing six dupjexes. There are also
five RI-12 parcels due East, directly across the street from the subject property.
Since we have adjoining parcels and properties in very close proximi.y, it does not appear
that it would cause any adverse conditions to any neighbors.
We believe that Cherry Lane easily support the increased vehicle trafie tl:at an RI-U
density would bring.
New development on this property would obviously require LSD or FZD approval, which
would give adjoining property owners ample opportunity for input on how the property is
ultimately developed.
Sincerely,
Michael Andrews
Russell Brockman
Planning Commission
March 8, 2021
Agerda Item 10
RZN-21-000033 A&B Ent.
Page 10 of 15
Masters, Jessica
From:
Jenny Harenza <jennyharenza@gmail.com>
Sent:
Friday, February 12, 2021 9:04 AM
To:
Masters, Jessica
Subject:
RZN-2021-000033
Follow Up Flag: Follow up
Flag Status: Flagged
CAUION: 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.
Hello Jessie,
My name is Jenny Harenza and I live at 691 S. Cherry Lane. We moved here recently from the rural outskirts of
Washington County and are so excited to actually live in the city now, after commuting to spend so much of our time
here the last four years.
I noticed the rezoning proposal for 797 S. Cherry Ln. (RZN-2021-000033) and we believe this can be an improvement to
our street. I believe in increasing density and up zoning where appropriate so more people like me can afford to live in
Fayetteville.
However, I was very surprised to read that Mr. Andrews felt that "Cherry Lane can easily support the increased vehicle
traffic.." I have serious concerns about the increased traffic this would bring.
At any point in the road, if there are two vehicles, one must pull off. Residents often use the parking lot or grass of 810
Cherry Lane to pull off and make room. Additionally, there are young children living all down this street, I see them
running back and forth a lot and the road is so narrow that the lack of visibility is concerning.
Lastly, If you look on the map, we are at the end of Cherry lane and we daily deal with drivers pulling into our private
yard (not even using the gravel road) to turn around, killing our grass and unaware that our three year old is running
around. It's not that we even blame the drivers as much because the road really is just too narrow to turn around.
Although, we did have somebody drive around our entire house, no more than 6 feet from the house itself over
Christmas (we blame him). Someone broke into our house last spring and we've had multiple things stolen from our
garage, and while not directly related, the fact that an increased number of people are forced to trespass on our
property due to the poor road just decreases our sense of security.
I want to end with reiterating my support for an appropriately scaled up -zoning of 797 S. Cherry Ln., simply contingent
on the very overdue task of widening Cherry Ln. first.
Thank you so much for your time and for reading, and please share any thoughts you have on this.
Have a great weekend,
Jenny Harenza
817-307-2032
Planning Commission
March 8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 11 of 15
Acenda Item 10
RZN-21-000333 A&B Ent.
Page 12 of 15
RZN-2021-000033
Close Up 'View
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B, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 13 of 15
Agerda Item 10
RZN-21-000033 A&B Ent.
Page 14 of 15
RZN-2021-000033
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8, 2021
Agenda Item 10
RZN-21-000033 A&B Ent.
Page 15 of 15
Democr—dt a e
^ _
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 6428
Was inserted in the Regular Edition on:
May 2, 2021
Publication Charges: $79.04
&6ft_ ! '�
Brittany mith
Subscribed and sworn to before me
This 3 day of ,L� , 2021.
Notary Public
My CommissionExpires: Z J241
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC — ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Ordinance: 6429
File Number: 2021-0216
RZN-2021-033 (797 S. CHERRY
LN./A&B ENTERPRISES, INC.):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-033
LOCATED AT 797 WEST CHERRY
LANE FOR APPROXIMATELY 1.02
ACRES FROM RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
properly 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
Acrc 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
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
75410999 May 2, 2021