HomeMy WebLinkAboutOrdinance 6451Doc ID: 02,0006030004 Type: REL
Kind: ORDINANCE
Recorded: 07/20/2021 at 01:51:35 PM
Fee Amt: $30.00 Pape 1 of 4 ^� Washington County, AR
-, Kyle Sylvester Circuit Clerk
File2021-0002 / 205
113 West Mountain Street
Fayetteville, AR 72701
ARCHIVED
(479) 575-8-8323 23
Ordinance: 6451
File Number: 2021-0473
RZN-2021-045 (S.E. OF S. RAY AVE./JCC ENTERPRISES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-045 LOCATED SOUTHEAST OF SOUTH RAY AVENUE FOR APPROXIMATELY
7.00 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, I-1,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL AND R-A,
RESIDENTIAL -AGRICULTURAL TO R-A, RESIDENTIAL AGRICULTURAL
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, I-1, Heavy Commercial and Light Industrial and R-A, Residential -Agricultural to R-A,
Residential -Agricultural.
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
Page 1 Printed on 7/7/21
Ordinance: 6451
File Number: 2021-0473
Attest:
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Kara Paxton, City Clerk Treasur& :• F�r� :
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Page 2 Printed on 717121
RZN-2021-000045 JCC Enterprises RZN-21-000045
Close Up View EXHIBIT 'A'
HUNTSVILLE RD
L—FAIRLANEIfq
ST
I RNIF-24■
0 1-1
Q'
Proposed
R-A
Subject Property
L
RSF-4
Regional Link - High Activity Feet
Trail (Proposed)
0 112.5 225 450 675 900
Planning Area
- - - 1 inch = 305 feet
- -, Fayetteville City Limits
RSF -7
A&
NORTH
Zoning Acres
R-A 7.1
Total 7.1
RZN-21-000045
EXHIBIT 'B'
Partial Legal
PT E/2 NW 6.40 AC FURTHER DESCRIBED IN 2013-19337 AS: Lot 9, Block 4, of Watson Addition,
to the City of Fayetteville, Arkansas, as shown In plat of record in plat book 1 at page 220, plat
records of Washington County, Arkansas and part of the E1/2 of the SE 1/4 of the NW1/4 and a part
of the SW1,4 of the NE 1/4 all being in Section 23, T-16-N, R-30-W, Washington County, Arkansas
all together being more particularly described as follows: Commencing at the SW corner of said E
1/2 of the SE 1,4 of the NW 1/4; thence N00°14'44" W, along the West line of said E 1/2 of the SE
114 of the NW 1/4 879.11 feet to the point of beginning, said point being a set Iron; thence
N00014'44" W 262.08 feet to a set Iron; thence N89047'34" E, along the South line of Block 4 of said
Watson Addition 789.34 feet, to a found Iron at the SW comer of Lot 9 of said Block 4; thence N
00000'07" W 149.89 feet to a found Iron at the NW comer of Lot 9 of said Block 4; thence N89°45'57"
E 92.00 feet to a set iron at the NE comer of Lot 9 of said Block 4; thence S 00°00'07" E 149.89 feet
to the SE comer of Lot 9, Block 4; thence N 89°47'34" E 175.48 feet; thence S 08"30'03" E 282.38
feet to a found Iron pin; thence S 89030'49" E 191.36 feet to a point on the centerline of the White
River from which a reference iron bears N 89°30'49" W 110.00 feet; thence along said centerline of
the White River the following bearings and distances; S 00°13'01" W 113.74 feet, thence S
49055'40" W 166.83 feet; thence S 49'27'11" W 209.37 feet; thence S 84°55'32" W 352.68 feet:
thence S 80°41'32" W 122.09 feet, thence S 43°13'42" W 72.25 feet to the intersection of the White
River and an existing creek; thence along the centerline of said creek the following bearings and
distances: N 28017'53" W 130.44 feet, thence N 51042'07" E 61.87 feet, thence N 56°17'57" W 46.44
feet, thence N 72°47'55" E 62.55 feet, thence S 53034'14" E 49.42 feet, thence N 29055,35" W
116.85feet, thence N 78°14'52" W 67.27 feet, thence N 51 °13'32" W 106.12 feet, thence N 81 °41'04"
W 54.22 feet, thence S 87'14'26" W 110.83 feet, thence N 49047'54" W 64.87 feet, thence N
19022'31" E 64.44 feet, thence N 69058'16" W 46.82 feet, thence N 84°11'16" W 46.14 feet, to the
Intersection of said creak with the centerline of an existing gravel road; thence N 89°30'49" W 38.68
feet to the point of beginning, containing 14.54 acres, more or less, Washington County, Arkansas.
LESS & EXCEPT THAT PART OF ABOVED DESCRIPTION LOCATED IN WATSON ADDITION
ALSO LESS & EXCEPT THAT PART LOCATED IN SW 114 OF THE NE 114
Washington County, AR
1 certify this instrument was filed on
07120/2021 ol :51 :35 PM
and recorded in Real Estate
File Number 2021-00027205
Kyle Sylvester - Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0473
Agenda Date: 7/6/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
RZN-2021-045 (S.E. OF S. RAY AVE./JCC ENTERPRISES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-045 LOCATED SOUTHEAST OF SOUTH RAY AVENUE FOR APPROXIMATELY 7.00 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, I-1, HEAVY COMMERCIAL
AND LIGHT INDUSTRIAL AND R-A, RESIDENTIAL -AGRICULTURAL TO R-A, RESIDENTIAL
AGRICULTURAL
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, 1- 1, Heavy
Commercial and Light Industrial and R-A, Residential -Agricultural to R-A, Residential -Agricultural.
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
2021-0473
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-2021-000045: Rezone (S.E. OF S. RAY AVE./JCC ENTERPRISES, 565): Submitted by JOHN CLOYED for properties
located S.E. OF S. RAY AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, 1-1,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and R-A, RESIDENTIAL -AGRICULTURAL and contain approximately
7.00 acres. The request is to rezone the properties to R-A, RESIDENTIAL
AGRICULTURAL.
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
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: June 18, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000045: Rezone (S.E. OF S. RAY AVE./JCC ENTERPRISES, 565):
Submitted by JOHN CLOYED for properties located S.E. OF S. RAY AVE. The
properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE, 1-2, GENERAL INDUSTRIAL and R-A, RESIDENTIAL -AGRICULTURAL
and contain approximately 7.00 acres. The request is to rezone the properties to
R-A, RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone
the subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located south of S. Ray Avenue, approximately 1,000 feet south of the
intersection of S. Ray Avenue and E. Huntsville Road. Of the seven acre overall property, the
majority, totaling approximately 6.84 acres is zoned RSF-4, Residential Single-family, 4 Units per
Acre. Small portions to the south and west, totaling approximately 0.02 and 0.14 acres, are zoned
1-2, General Industrial, and R-A, Residential -Agricultural respectively. Based on aerial imagery
the property has remained largely undeveloped since it was incorporated into city limits in the
mid-1960s. The West Fork White River within the Beaver Lake watershed roughly follows the
southern boundary of the site. The associated floodplain impacts over two acres of the overall
property. Further encumbering the property are two major sanitary mains and their associated
easement that runs southwest -northeast
Request: The request is to rezone the entire property from RSF-4, Residential Single-family, 4
Units per Acre to R-A, Residential Agricultural. The applicant described plans to restore and
preserve the habitat and conserve the environment for wildlife. They also wish to establish
housing and grazing space for goats and horses.
Public Comment: Staff has not received any public comment.
Land Use Compatibility: The proposed zoning is generally compatible with the surrounding land
use pattern of the area. There is a broad mixture of uses immediately adjacent to the subject
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
property and further afield, including offices, single- and two-family residences, light
manufacturing, storage overflow from a recycling facility, and pastureland across the river. Staff
finds the uses allowed under the R-A zoning district pose limited potential for adverse impacts to
these neighboring properties. Public facilities and agricultural uses would be allowed under the
proposed rezoning, along with low -density residential. One of the uses representing the greatest
potential for incompatibility, an animal boarding facility, allows the Planning Commission to require
buffering for non-residential uses adjoining residences. Further, aerial imagery suggests that the
property has been used agriculturally for much of the 1990s and 2000s. Finally, the application of
the current zoning near floodplain and floodway is not conducive to protecting both future
residents and the riparian corridor. Lacking an open space zoning tool, the R-A zoning district has
served the function of limiting development in floodplains to a degree that is appropriate to its
sensitive nature. Rezoning to R-A will provide additional use allowances that are not offered by -
right in RSF-4 zoning.
Land Use Plan Analysis: Staff finds the proposed R-A zoning to be partially compatible with the
Future Land Use Map. Specifically, the request is consistent with the portion of the subject
property designated as a Natural Area. As noted above, without an open space zoning
designation staff and the Planning Commission have previously recommended application of the
R-A zoning district to sensitive environmental areas, particularly along riparian corridors, where
the district's low -density allowance dis-incentivizes development. The applicant's request also
aligns with City Plan 2040's goal to assemble an Enduring Green Network, with the entirety of the
property designated as such.
Conversely, the request is not fully consistent with a large part of the property that is designated
as a City Neighborhood Area. City Neighborhood Areas typically encourage denser development
patterns which starkly contrast the allowances provided by R-A zoning. Rezoning the site will
remove significant development potential from multiple acres of property in an area that is
somewhat proximate to many employment centers and other services. Nevertheless, staff finds
the combination of the site's access features as well as its value as an environmental resource
supplant inconsistencies with the future land use map in this case. The area has significant
hydrology and vegetation which would likely limit development that is in accord with the goals of
the City Neighborhood Area designation.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 3-6 for
this site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (S. Ray Avenue)
• Near Water Main (S. Ray Avenue)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood)
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 Sparkman made the motion and
Commissioner Garlock seconded. Commissioners were appreciative of the application's
alignment with the Enduring Green Network. Commissioners commented that the requested
zoning was consistent with the future land use plans and therefore appropriate. No public
comment was offered on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
Partial Legal
PT E/2 NW 6.40 AC FURTHER DESCRIBED IN 2013-19337 AS: Lot 9, Block 4, of Watson Addition,
to the City of Fayetteville, Arkansas, as shown In plat of record in plat book 1 at page 220, plat
records of Washington County, Arkansas and part of the E1/2 of the SE 1/4 of the NW1/4 and a part
of the SW1/4 of the NE 1/4 all being in Section 23, T-16-N, R-30-W, Washington County, Arkansas
all together being more particularly described as follows: Commencing at the SW corner of said E
1/2 of the SE 1/4 of the NW 1/4; thence N00°14'44" W, along the West line of said E 1/2 of the SE
1/4 of the NW 1/4 879.11 feet to the point of beginning, said point being a set Iron; thence
N00014'44" W 262.08 feet to a set Iron; thence N89°47'34" E, along the South line of Block 4 of said
Watson Addition 789.34 feet, to a found Iron at the SW comer of Lot 9 of said Block 4; thence N
00000'07" W 149.89 feet to a found Iron at the NW comer of Lot 9 of said Block 4; thence N89°45'57"
E 92.00 feet to a set iron at the NE comer of Lot 9 of said Block 4; thence S 00°00'07" E 149.89 feet
to the SE comer of Lot 9, Block 4; thence N 89°47'34" E 175.48 feet; thence S 08"30'03" E 282.38
feet to a found Iron pin; thence S 89°30'49" E 191.36 feet to a point on the centerline of the White
River from which a reference iron bears N 89°30'49" W 110.00 feet; thence along said centerline of
the White River the following bearings and distances; S 00'13'01" W 113.74 feet, thence S
49°55'40" W 166.83 feet; thence S 49'27'11" W 209.37 feet; thence S 84°55'32" W 352.68 feet;
thence S 80°41'32" W 122.09 feet, thence S 43°13'42" W 72.25 feet to the intersection of the White
River and an existing creek; thence along the centerline of said creek the following bearings and
distances: N 28'17'53" W 130.44 feet, thence N 51 °42'07" E 61.87 feet, thence N 56°17'57" W 46.44
feet, thence N 72°47'55" E 62.55 feet, thence S 53°34'14" E 49.42 feet, thence N 29°55'35" W
116.85feet, thence N 78° 14'52" W 67.27 feet, thence N 51 °13'32" W 106.12 feet, thence N 81 °41'04"
W 54.22 feet, thence S 87°14'26" W 110.83 feet, thence N 49°47'54" W 64.87 feet, thence N
19022'31" E 64.44 feet, thence N 69'58'16" W 46.82 feet, thence N 84°11'16" W 46.14 feet, to the
Intersection of said creak with the centerline of an existing gravel road; thence N 89°30'49" W 38.68
feet to the point of beginning, containing 14.54 acres, more or less, Washington County, Arkansas.
LESS & EXCEPT THAT PART OF ABOVED DESCRIPTION LOCATED IN WATSON ADDITION
ALSO LESS & EXCEPT THAT PART LOCATED IN SW 1/4 OF THE NE 1/4
CITY OF
I
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: City of Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: June 14, 2021
SUBJECT: RZN-2021-000045: Rezone (S.E. OF S. RAY AVE./JCC ENTERPRISES,
565): Submitted by JOHN CLOYED for properties located S.E. OF S. RAY
AVE. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE and contain approximately 7.00 acres. The request is
to rezone the properties to R-A, RESIDENTIAL AGRICULTURAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000045 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000045 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located south of S. Ray Avenue, approximately 1,000 feet south of the
intersection of S. Ray Avenue and E. Huntsville Road. The property is zoned mostly RSF-4,
Residential Single-family, 4 Units per Acre with a small portion on the south end zoned R-A,
Residential Agricultural. City zoning records indicate that the property has retained this split -zoned
status since 1970. Based on aerial imagery the property has remained largely undeveloped since
it was incorporated into city limits in the mid-1960s. The West Fork White River and Beaver
Reservoir watershed roughly follow the south and west borders the property, respectively. The
associated floodplain of the two streams encumbers over two acres of the overall site.
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 per Acre
South
Undeveloped; Recycling Storage
R-A, Residential Agricultural; 1-2, General Industrial
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Office; Undeveloped
1-1, Heavy Commercial and Light Industrial; 1-2,
General Industrial; C-2, Thoroughfare Commercial,
R-A, Residential Agricultural
Request: The request is to rezone the entire property from RSF-4, Residential Single-family, 4
Units per Acre to R-A, Residential Agricultural. The applicant described plans to restore and
preserve the habitat and conserve the environment for wildlife. They also wish to establish
housing and grazing space for goats and horses.
Public Comment: Staff has received no public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject area has frontage along South Ray Avenue. South Ray Avenue is an
unimproved Residential Link Street with no paving and open ditches. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is not available to the subject area.
Sewer: Sanitary Sewer is not available to the subject area.
Drainage: A portion of the subject area is within the Hillside Hilltop Overlay District (HHOD),
FEMA floodplain, and a protected stream is present in the area. The presence of
the HHOD will apply additional restrictions at the time of development.
Engineered footing designs will be required at the time of building permit
submittal, as well as grading, erosion control and abbreviated tree preservation
plans. The portion of the subject area within the FEMA floodplain will necessitate
the need for a floodplain development review at the time of permit or plan
submittal. This will restrict the type of development and impact allowed in flood
zones; and may require additional documentation such as flood studies or
elevation certificates depending on the type of development. If a development
impacts a floodplain, those impacts may require review and approval from FEMA.
The floodplain is in the southeast portion of the subject property. A protected
stream is present in the subject area. Streamside Protection Zones generally
consist of a protected area on each side of a stream or creek. This protected
area is meant to preserve woody vegetation and natural areas along stream
corridors to improve/protect stream health. At a minimum, the protected area will
be 50 feet wide as measured from the top of bank but, depending on the shape
and extent of the floodway, it could be substantially more. Certain construction
activities such as trails and some utilities are allowed in these zones, but in
general, improvements such as parking lots or buildings are prohibited. The
Streamside Protection Area is in the southeast portion of the subject property. No
hydric soils are present in the subject area. Any additional improvements or
requirements for drainage will be determined at time of development.
Fire: The site will be protected by Station 3, located at 1050 S. Happy Hollow Road,
which is approximately 0.3 miles from the subject property. The anticipated
response time would be approximately 3.2 minutes. This is within the response
time goal of 6 minutes for an engine and the 8-minute response time goal for a
ladder truck.
Police: The Police Department did not express any concerns with this request.
Tree Preservation:
The proposed zoning district of R-A, Residential Agricultural requires 25%
minimum canopy preservation. The current zoning district of RSF-4, Residential
Single-family, 4 Units per Acre requires 25% 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 a City Neighborhood Area and Natural 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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation, or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a mixed score of 3-6 for
this site, with a weighted score of 7. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (S. Ray Avenue)
• Near Water Main (S. Ray Avenue)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood)
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 is generally compatible with
the surrounding land use pattern of the area. There is a broad mixture of
uses immediately adjacent to the subject property and further afield,
including single- and two-family residences, storage overflow from a
recycling facility, and offices nearby. Staff finds the uses allowed under the
R-A zoning district pose limited potential for adverse impacts to these
neighboring properties. Public facilities, agriculture and animal husbandry,
two-family and manufactured dwellings, and animal boarding facilities would
be allowed under the proposed rezoning. If a boarding facility were to be
developed, the Planning Commission maintains the ability to require
buffering for non-residential uses adjoining residences. Further, aerial
imagery suggests that the property has been used agriculturally for much of
the 1990s and 2000s. Finally, the application of the current zoning near
floodplain and floodway is not conducive to protecting both future residents
and the riparian corridor. Lacking an open space zoning tool, the R-A zoning
district has served the function of limiting development in floodplains to a
degree that is appropriate to its sensitive nature. Rezoning to R-A will
provide additional use allowances that are not offered by -right in RSF-4
zoning.
Land Use Plan Analysis: Staff finds the proposed R-A zoning to be partially
compatible with the Future Land Use Map. Specifically, the request is
consistent with the portion of the subject property designated as a Natural
Area. As noted above, without an open space zoning designation staff and
the Planning Commission have previously recommended application of the
R-A zoning district to sensitive environmental areas, particularly along
riparian corridors, where the district's low -density allowance dis-
incentivizes development. The applicant's request also aligns with City Plan
2040's goal to assemble an Enduring Green Network, with the entirety of the
property designated as such.
Conversely, the request is not consistent with a large part of the property
that is designated as a City Neighborhood Area. City Neighborhood Areas
typically encourage denser development patters which starkly contrast the
allowances provided by the R-A zoning. Rezoning the site will remove
significant development potential from multiple acres of property in an area
that is somewhat proximate to many employment centers and other services.
Nevertheless, staff finds the combination of the site's access features as well
as its value as an environmental resource supplant inconsistencies with the
future land use map in this case. The area has significant hydrology and
vegetation which would likely limit development that is in accord with the
goals of the City Neighborhood Area designation.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
R-A. The compatibility of the request with adjacent properties and the partial
alignment of the request with the Future Land Use Map and City Plan 2040's
goals suggest a rezoning to a district that allows limited development at this
location is suitable and justified.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The site has access to S. Ray Avenue, a Residential Link Street per the
Master Street Plan. Given the nature of the request, which is a down -zoning,
staff anticipates that potential for traffic danger and congestion is less when
compared to a potential residential development.
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 R-A will reduce both the potential
density and intensity. This will, in turn, reduce the potential for an
undesirable increase or load on public services. What is proposed is a down -
zoning which would remove allowances for denser residential uses that
generally have greater impacts on public infrastructure and services.
Further, neither the Police and nor the Fire Department have expressed
objection to the proposal.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
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-2021-000045 to the City
Council with a recommendation of approval.
(PLANNING COMMISSION ACTION: Required YES
Date: June 14, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
O Tabled O Forwarded O Denied
• Unified Development Code:
o §161.03 — R-A, Residential Agricultural
o §161.07 — RSF-4, Residential Single-family, 4 Units per Acre
• Request letter
• One Mile Map
Close-up Map
Current Land Use Map
Future Land Use Map
161.03 - District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
(2) Conditional Uses.
Unit 2
Unit 4
City-wide uses by conditional use permit
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density. _
Units per acre One-half
(D) Bulk and Area Regulations.
Lot width minimum 1 200 feet
Lot Area Minimum:
Residential: 1 2 acres I
Nonresidential: 1 2 acres I
Lot area per dwelling unit 1 2 acres
(E) Setback Requirements.
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building
exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17)
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 1 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)
April 28, 2021
Dear City Council Members:
As owner of JCC ENTERPRISES LLC, I submit this letter along with the required legal
description in request to rezone Parcel ID: 765-15223-000 RPID 52156; which runs South of
East Helen Street in Fayetteville, AR 72701 to the White River. I would like to rezone this land
from RSF-4, Residential Single Family, 4units per Acre to R-A, Residential -Agricultural.
My team and I have been working with the USDA and Beaver Watershed Alliance on habitat
restoration in preparation to preserve the habitat and conserve the environment for wildlife such
as bobwhite quail. We are also looking into appropriate steps to establish housing and grazing
space for goats and horses. Being that the surrounding areas off the river to the east, west and
south are also natural areas and used for agriculture we believe this would be the best use of
the land.
The proposed rezoning will also fit with the neighboring residential properties to the north. Any
development under R-A zoning will have a lower impact than the allowances under the existing
zoning and therefore the neighboring property owners are unlikely to be adversely affected by
habitat restoration and conservation along the riparian area of the West Fork of the White River.
Sincerely,
d-4.eaya
John C. Cloyed
RZN-2021-000045 JCC Enterprises
One Mile View
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Current Land Use
Undeveloped
JCC Enterprises
Mixed -Density Residential
Subject Property
Industrial ..,.---------- ---:
Agricultural
FEMA Flood Hazard Data
too -Year Floodplain
Feet Floodway
Trail (Proposed)
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Planning Area
Fayetteville City Limits 1 inch = 200 feet
,___� Y Y
RZN-2021-000045
Future Land Use
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Civic
Institutional
Neighborhood Link
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Planning Area
Fayetteville City Limits
- - - Trail (Proposed)
JCC Enterprises
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City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center
NORTHWEST ARKANSAS
Democrat tgazette
V.0.2Cx IC07,;:AvET7EViLLt, An, 72-02 • 474 412-1700 • FAX 479 09�-11't$ �Vl7VY.�WADC.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 6451
Was inserted in the Regular Edition on:
July 11, 2021
Publication Charges: $92.72
Brittany mith
Subscribed and sworn to before me
This (2day ofJI—S , 2021.
Notary Public)I ��
My Commission Expires: Z )6
**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: 6451
File Number: 2021-0473
RZN-2021-045 (S.E. OF S. RAY
AVE./1CC ENTERPRISES):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-045
LOCATED SOUTHEAST OF SOUTH
RAY AVENUE FOR
APPROXIMATELY
7.00 ACRES FROM RSF4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE, 1-1, HEAVY
COMMERCIAL AND LIGHT
INDUSTRIAL AND R-A,
RESIDENTIAL -AGRICULTURAL TO
R-A, RESIDENTIAL
AGRICULTURAL
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, 1-1, Heavy Commercial and Light
Industrial and R-A, Residential -
Agricultural to R-A, Residential -
Agricultural.
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
Lioneld Jordan, Mayor
Paxton, City Clerk Treasurer
)W July 11, 2021