HomeMy WebLinkAboutOrdinance 6450r
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Doc ID: g20006O2O003 Type: REL
Kind: ORDINANCE
Recorded: 07/20/2021 at 01:51:08 PM
Fee Amt: $25.00 Page 1 of 3
Washincton County, AR
Kyle Sylvester Circuit Clerk
Flle2021-0002 20`'F
/
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
ARCHIVED
Ordinance: 6450
File Number: 2021-0476
RZN-2021-044 (716 S. COLLEGE AVE./CLAYTON-NIEDERMAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-044 LOCATED AT 716 SOUTH COLLEGE AVENUE FOR APPROXIMATELY 0.30
ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 7/6/2021
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RZN-2021-000044
Close Up View
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Neighborhood Link
Urban Center
Trail (Proposed)
Planning Area
' Fayetteville City Limits
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EXHIBIT 'A'
RZN-2021-000044
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Zoning Acres
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EXHIBITS'
RZN-2021-000044
Lot 18, 19, and 20 , Block 1 of the Glenwood Park Addition to the City of Fayetteville, as per plat of said
addition on file with the Circuit Clerk and Ex-Officio of Washington County, Arkansas.
Washington County, AN
I certify this instrument was filed on
07/20/2021 01:51:08 PM
and recorded in Real Estate
File Number 2021-00027204
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0476
Agenda Date: 7/6/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
RZN-2021-044 (716 S. COLLEGE AVE./CLAYTON-NIEDERMAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-044 LOCATED AT 716 SOUTH COLLEGE AVENUE FOR APPROXIMATELY 0.30 ACRES
FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 7/7/2021
City of Fayetteville Staff Review Form
2021-0476
Legistar File ID
7/6/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/18/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000044: Rezone (716 S. COLLEGE AVE./CLAYTON-NIEDERMAN, 563): Submitted by ASHA NIEDERMAN for
property located at 716 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
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:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JULY 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: June 18, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000044: Rezone (716 S. COLLEGE AVE./CLAYTON-NIEDERMAN,
563): Submitted by ASHA NIEDERMAN for property located at 716 S. COLLEGE
AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.30 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 property parcel, 765-05658-000, is in south Fayetteville, addressed at 716 S. College
Avenue, and is across the street to the east of the Fayetteville Senior Activity & Wellness Center
within Walker Park. Containing approximately 0.30, the property, until recent demolition and
clean -out in May 2021, contained a single-family dwelling and associated outbuildings built in
1936.
Request: The request is to rezone the property from NC, Neighborhood Conservation, to RI-U,
Residential Intermediate — Urban. The applicant has not submitted any additional development
plans but has indicated an intent to split the lot into two parcels to develop single-family dwellings
with accessory dwelling units.
Public Comment: Staff received public comment in support of the request and phone call inquiries
leading up to the meeting. No public comment was offered at the meeting.
Land Use Compatibility: The proposed zoning would allow for single, two-, three-, and four -family
dwellings up to three stories tall at this location. The property is largely surrounded by 1-story
single-family dwellings; that said, the current zoning district would also allow for single-family
dwellings up the three stories tall, and RI-U offers the additional standard that buildings must be
set back from the street to exceed two stories. The property has access to alley right-of-way,
which would allow for any redevelopment at the site to be rear -loaded, minimizing curb cuts along
S. College Avenue and enabling the buildings to be developed closer to the street to meet the
build -to -zone requirement in RI-U. While properties in the surrounding vicinity are largely zoned
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NC, the property immediately to the north was rezoned to RI-U in 2018, and the property is across
the street from Walker Park.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, goals of City Plan 2040, as well as with the Walker Park
Neighborhood Plan. The property has a moderate infill score of 7, which indicates that an
incremental rezoning to allow additional residential housing types would be justified in this
location. While NC limits by -right housing to single-family, RI-U allows for a greater variety of still
compatible housing types. This has the potential to help meet the goal of offering more housing
within walking distance to amenities such as Walker Park and the Razorback Greenway. This
would meet both Goal #1 of making appropriate infill and revitalization the highest priority, as well
as Goal #6 of creating opportunities for attainable housing.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site.
The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 1, 303 W. Center Street)
• Near Sewer Main (6" located in alley to the east)
• Near Water Main (6" located in S. College Avenue)
• Near City Park (Walker Park)
• Near Paved Trail (Walker Park Trail, Razorback Greenway)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood Plan)
DISCUSSION:
At the June 14, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Belden made the motion and
Commissioner Sparkman seconded. Commissioners agreed that the request met the City's goals
of attainable housing and infill, and were pleased to see improvements made to the property. A
suggestion was offered to allow more tandem lots by -right in this area of the City for consideration
at the long-range planning committee. No public comment was offered on the item at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000044
Close Up View
Neighborhood Link
Urban Center
Trail (Proposed)
Planning Area
�- - - Fayetteville City Limits
Clayton-Niederman I EXHIBIT'A'
RZN-2021-000044
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NORTH
Zoning Acres
RI-U 0.3
Total 0.3
EXHIBIT 'B'
RZN-2021-000044
Lot 18, 19, and 20 , Block 1 of the Glenwood Park Addition to the City of Fayetteville, as per plat of said
addition on file with the Circuit Clerk and Ex-Officio of Washington County, Arkansas.
CITY OF
ti FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: June 14, 2021 Updated with PC hearing results from 6/14/2021
SUBJECT: RZN 2021-000044: Rezone (716 S. COLLEGE AVE./CLAYTON-
NIEDERMAN, 563): Submitted by ASHA NIEDERMAN for property located
at 716 S. COLLEGE AVE. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.30 acres. The request is
to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000044 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000044 to City Council with a recommendation of approval."
BACKGROUND:
The property parcel, 765-05658-000, is in south Fayetteville, addressed at 716 S. College
Avenue, and is directly across to the east of the Fayetteville Senior Activity & Wellness Center
within Walker Park. Containing approximately 0.30, the property, until recent demolition and
clean -out in May 2021, contained a single-family dwelling and associated outbuildings dating back
to 1936. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
RI-U, Residential Intermediate - Urban
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
NC, Neighborhood Conservation
West
Walker Park
P-1, Institutional
Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. The
applicant has not submitted any additional development plans but has indicated an intent to split
the lot into two parcels to develop single-family dwellings with accessory dwelling units.
Public Comment: Staff has received letters from surrounding neighbors in support of the request,
voicing support for bringing additional housing to the area. Staff has also fielded phone call
inquiries from neighbors about the request. To date, staff has not receiving any opposition to the
request from the surrounding neighborhood.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along S. College Avenue. S. College Avenue is a
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 1 of 24
partially improved Residential Link Street with asphalt paving, curb and open
ditches. 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 in the center of S. College Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present in the alley east of the subject property.
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 St., protects this site. The property is located
approximately 1.1 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.
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, nor within a FEMA floodplain or within a Streamside Protection Zone.
There are hydric soils present on the east side of the subject property. Hydric soils
are a known indicator of wetlands. However, for an area to be classified as
wetlands, it may also need other characteristics such as hydrophytes (plants that
grow in water), and shallow water during parts of the year. Hydric Soils can be
found across many areas of Fayetteville, including valleys, floodplains, and open
prairies. It's important to identify these natural resources during development, so
when these soils are identified on a property, further environmental studies will be
required at the time of development. Before permits will be issued for the property
a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate - Urban requires
15% minimum canopy preservation. The current zoning district of NC,
Neighborhood Conservation requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 2 of 24
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
The property is also part of the Walker Park Neighborhood Master Plan Area. The Walker Park
neighborhood adopted a plan in 2008. That plan states that the neighborhood should have a
balance of non-residential uses and housing. Stakeholders wanted zoning and other city
regulations to reflect and encourage that balance while conserving the existing single-family fabric
where it is intact. This means the neighborhood will retain and develop a variety of housing types
for different income levels and retain and develop neighborhood commercial nodes that serve the
neighborhood residents as well as the nearby employment centers. There is also an emphasis on
connectivity and walkability. Connection of the street grid and improved pedestrian mobility
between key destinations will unify the neighborhood, making it sustainable over time.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site,
with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 1, 303 W. Center Street)
• Near Sewer Main (6" located in alley to the east)
• Near Water Main (6" located in S. College Avenue)
• Near City Park (Walker Park)
• Near Paved Trail (Walker Park Trail, Razorback Greenway)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood Plan)
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 proposed zoning would allow for single, two-,
three-, and four -family dwellings up to three stories tall at this location. The
property is largely surrounded by 1-story single-family dwellings; that said,
the current zoning district would also allow for single-family dwellings up
the three stories tall. The property is alley -loaded, which would allow for any
redevelopment at the site to be rear -loaded, minimizing curb cuts along S.
College Avenue, and enabling the buildings to be developed closer to the
street to meet the build -to -zone requirement in RI-U. While properties in the
surrounding vicinity are largely zoned NC, the property immediately to the
north was rezoned to RI-U in 2018, and the property is across the street from
Walker Park.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, goals of
City Plan 2040, as well as with the Walker Park Neighborhood Plan. The
property has a moderate infill score of 7, which indicates that an incremental
rezoning to allow additional residential housing types would be justified in
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 3 of 24
this location. While NC limits housing types largely to single-family, RI-U
allows for a greater variety of still compatible housing types. This has the
potential to help meet the goals of offering more "missing middle" housing
within walking distance to amenities such as Walker Park and the Razorback
Greenway. This would meet both Goal #1 of making appropriate infill and
revitalization the highest priority, as well as Goal #6 of creating opportunities
for attainable housing.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from NC to RI-U is incremental in intensity, and does allow for a
wider variety of uses by -right than NC. That said, the uses are still largely
residential, and do not include large-scale multi -family residences that would
largely be out of scale given the surrounding context. The rezoning request
would be justified to meet the needs of the applicant and align 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 from NC to RI-U does have the ability to increase
traffic at the location. However, given the site's small size (0.3 acres) and that
it is alley -loaded, staff finds that development requirements such as parking,
potential tree preservation and other requirements would limit the
development in such a way that would not negatively contribute to traffic.
Curb cuts would be minimized along S. College Avenue creating a safer
pedestrian environment.
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 NC to RI-U would have the potential to
incrementally increase population density in this area at this time, but given
the availability of water and sewer to the site, staff finds that the available
infrastructure could likely absorb the impact that this zoning change would
bring.
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:
Finding: N/A
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.
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 4 of 24
RECOMMENDATION: Planning staff recommends approval of RZN-2021-000044.
PLANNING COMMISSION ACTION: Required YES
Date: June 14, 2021 O Tabled ® Forwarded O Denied
Motion: Belden, recommending approval
Second: Sparkman
Vote: 7-0-1 Commissioner Sharp recused
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.29 Neighborhood Conservation
o §161.12 District RI-U, Residential Intermediate - Urban
• Applicant Request Letter
• Applicant -Provided Site Photos
• Walker Park Illustrative Master Plan
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 5 of 24
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such
as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(Ord. No. 5128, 4-15-08; 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, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19)
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 6 of 24
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
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations
Building height maximum 1 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
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 7 of 24
April 15, 2021
ATTN: Jonathan Curth:
Dear Mr Curth:
I am writing to request a rezoning for my property at 716 S College Ave, Fayetteville,
AR 72701. 1 would like to change it from a Neighborhood Conservation to RIU.
The lot is 75 x 150 feet and we would like to be able to build 2 houses each with an
ADU in back that can be serviced by the alley.
The zoning to the north has already been zoned to RIU, so this will be consistent with
this neighbor.
The neighborhood conservation zoning requires a minimum lot width of 40 feet so we
would not be able to split the lot as is. By rezoning it to RIU we could build more
smaller units rather than one large unit.
The lot is directly across from Walker Park and part of the Walker Park Neighborhood
Master Plan. It is close to the Razorback Greenway and walkable to downtown square
so this aligned with the City Plan 2040 which lists infill as its highest priority.
We recently purchased the house and it was left in major disrepair with trash strewn
both throughout the house and throughout the yard. We are in the process of getting
that cleaned up.
Attached are pictures of the house when we purchased it.
Thank you,
AN( Oe"411011!
Asha Niederman
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 8 of 24
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Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 10 of 24
.AM iA L o ll
Applicant -Provided Site Photos
RZN-2021-000044
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 13 of 24
Applicant -Provided Site Photos
RZN-2021-000044
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 14 of 24
HI Afire,
Attached are a few photos from the last 5 years. I tried to give you some good street view images.
The following is a list of the cases that were opened then resolved. The dates refer to the dates that each case was resolved.
ML25-20T$ lnoparands Vehicle case. Vidation resolved by owner.
6-3-2016 Junk & Debris case. Casa was resolved by Community Resources division using Community Development Block Grant funds.
1-2-2020 Junk & Debris case. Viclabon resolved by owner.
2-23-2021 Inoperable Vehicle case; forwarded to the Cily Prosecutors ofrice. Vielation resolved by owner.
2.23-2021 Junk & Debris case. Resolved when property was sold.
5-7.2021 Junk & Debris case. Resolved by owner. Home ra2.ed & removed.
have now dosed the final code case forjunk & debris. Case # chea-2021.000225. Then: are no other open cases on this property.
Thank you for working with me to resolve these issues. I am sure that at least one of the neighbors of 716 S College appreciates your efforts. Always feel free to oontact me H I can be of
any assistance regarding any code compliance issues.
Respectfully,
Jason Swetnam
Code Compliance Offioar
Building Safety
City of FayettevMe. Arkansas
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479.601.6492
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CITY OF
FAY§TTEVILL■
ARKANSAS
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 16 of 24
From: Nancy Martino <nancy.martino29@gmail.com>
Sent: Friday, May 14, 20214:41 PM
To: Curth, Jonathan <icurth@favetteville-ar.gov>
Subject: 716 S. College Ave. Rezoning Support Letter
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.
Jonathan:
I am writing to let you know of my support for Asha Mevlana's rezoning to R-IU at 716 S College Ave. I
live around the corner on S. Washington (923) and my carport is entered from 9t" Street. I am looking
forward to having more neighbors in this neighborhood. I support the opportunity for more smaller
homes rather than fewer larger homes in this neighborhood.
Sincerely,
Nancy Martino
923 S. Washington Ave.
Fayetteville, AR
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 17 of 24
From: gregory baber <gregorsky@hotmail.com>
Sent: Tuesday, May 18, 2021 9:11 AM
To: Curth, Jonathan
Subject: 716 S. College Ave. rezoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments
unless you recognize the sender and know the content is safe.
Sent from Outlook
Dear Jonathan,
I am writing to let you know that I am in favor of Asha's rezoning to R-IU at 716 S College Ave. I support
the opportunity for more smaller homes rather than fewer larger homes in this neighborhood. I live just
down the street from this project and I am very please with the transformation of 9th street that has
already occurred. It's become a very nice neighborhood of friendly people. I think Asha's project would
be a good addition this. Thankyou for your time.
Greg Baber
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 18 of 24
From: Stan Bright <bright_50@yahoo.com>
Sent: Wednesday, May 12, 2021 10:21 AM
To: Curth, Jonathan
Subject: 716 S College Ave rezoning support letter
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.
Jonathan -
We would appreciate the opportunity to voice our complete support for Asha Mevlana's
rezoning to R-IU at 716 S College Ave.
Our little community here on 9th St would greatly benefit from more new and attractive
cottages that would not only beautify the neighborhood but would add additional neighbors
to our area.
Thank you for your time and we hope to see Asha's plans come to fruition very soon!
Stan & De Ann Bright
115 E 9th St
Fayetteville
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 19 of 24
From: Johann Komander <johann.komander@gmail.com>
Sent: Tuesday, May 11, 2021 7:54 PM
To: Curth, Jonathan
Subject: 716 S College Ave Rezone
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.
Hi Jonathan,
Hope all is well with you. I am just writing to express my support for the proposed rezoning of 716 S
College to R-IU. I chose to live on nearby 9th St precisely because of likelihood of greater density, infill,
and community over time. The neighborhood's proximity to downtown and amenities makes it a prime
location to support infill and accommodate growth, and with housing and land prices so high already I
think we need to support smaller homes that more people can potentially afford. There are plenty of
other single family home neighborhoods around town in less walkable areas and land use patterns that
make them hard to implement density, so I think we need to be doing gentle density in where we can
and are well suited for it, like South Fayetteville
Thanks!
Planning Commission
June 14, 2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 20 of 24
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 21 of 24
RZN-2021-000044
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Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 22 of 24
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2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 23 of 24
RZN-2021-000044
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2021
Agenda Item 8
RZN 21-000044 Clayton-Niederman
Page 24 of 24
Democrat uette
FA 9CX 1E07. %AYE7E`:ILLE, AP, ?27C2 - 09.412-1700 - FA.X: 479-695-1119 - %AA,.NWADG COM
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 6450
Was inserted in the Regular Edition on:
July 11, 2021
Publication Charges: $82.08
19.�*_
Brittany §mith
Subscribed and sworn to before me Cathy Wiles
This 12 day of , 2021. Benton COUNTY
NOTARY PUBLIC—ARKANSAS
My Commission Expires 02.20-2024
Notary Public Commission No, 12397118
My Commission Expires: Z%2.zI24
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6450
File Number. 2021-0476
RZN-2021-044 (716 S. COLLEGE
AVE./CLAYTON-NI EDERMAN):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-044
LOCATED AT 716 SOUTH COLLEGE
AVENUE FOR APPROXIMATELY
0.30 ACRES FROM NC,
NEIGHBORHOOD CONSERVATION
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 NC,
Neighborhood Conservation 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 7/6/2021
Approved:
Lioneld Jordan, Mayor
Paxton, City Clerk Treasurer
I082 July 11, 2021
NORTHWEST ARKANSAS Ordinance:6450
Democrat File Number. 2021 S. 6'' (Iztt RZN-202I-044(716 S.COLLEGE
.. rr..;
AVE.ICLAYTON-NIEDERMAN):
AN ORDINANCE TO REZONE THAT
P.0 9Cx 1E07.FA''ETTEVILLE,AR,72702.479.442-170C•FAX 479-695-ms• WWVJNWADG CCM PROPERTY DESCRIBED IN
` REZONING PETITION RZN 21-044
LOCATED AT 716 SOUTH COLLEGE
AVENUE FOR APPROXIMATELY
0.30 ACRES FROM NC,
AFFIDAVIT OF PUBLICATION NEIGHBORHOOD CONSERVATION
TO RI-U,RESIDENTIAL
INTERMEDIATE-URBAN
I, BrittanySmith, solemnlyAccounting do swear that I am the Legal Clerk of the BE COUIT ONCI L RDOFAINEDTHE BYCITY THE OF CITY
Northwest Arkansas Democrat-Gazette,a daily newspaper printed and FAYETTEVILLE,ARKANSAS:
published in said County, State of Arkansas; that I was so related to this City Section a e That theCity Councilh of the
tY City of Fayetteville,Arkansas hereby
publication at and during the publication of the annexed legal advertisement changes the zone classification of the
the matter of: Notice pending in the Court, in said County,and at the dates of property shown on the n E(Exhibit A)
(
and the legal description(Exhibit B)
the several publications of said advertisement stated below,and that during said both attached to the Planning
periods and at said dates, said newspaper wasprinted and had a bona fide Department's Agenda Memo from NC,
Neighborhood Conservation to
circulation in said County; that said newspaper had been regularly printed and RI-U,Residential Intermediate-Urban.
published in said County,and had a bona fide circulation therein for the period of Section 2: That the city council ofthe
ty� City of Fayetteville,Arkansas hereby
one month before the date of the first publication of said advertisement;and that amends the official zoning map of the
said advertisement waspublished in the regular dailyissues of said newspaper City of Fayetteville to reflect the zoning
1change provided in Section 1.
as stated below. PASSED and APPROVED on 7/6/2021
Approved:
Lioneld Jordan,Mayor
City of Fayetteville Attest:
Ord 6450 Kara Paxton,City Clerk Treasurer
75439082 July 11.2021
Was inserted in the Regular Edition on:
July 11,2021
Publication Charges: $82.08
G,t Ste.
Brittany Smith
Subscribed and sworn to before me CathyWiles
This f2 day ofa. ,/ , 2021.
Benton COUNTY
Lowt.)
��,J�-tii NOTARY PUBLIC—ARKANSAS
My Commission Expires 02-20-2024
Commission No. 12397118
Notary Public
My Commission Expires: 42.424
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.