HomeMy WebLinkAboutOrdinance 6462113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance- 6462
File Number: 2021-0549
RZN-2021-055 (212 N CROSSOVER RD /AP REAL ESTATE):
Doc ID 020066190003 Type REL III
Kind ORDINANCE
Recorded. 08/17/2021 at 03.26.51 PM
Fee Amt $25 00 Pape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
FI1e2021-00031673
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0 63
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS.
Section 1 That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family,
4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre
Section 2 That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1
PASSED and APPROVED on 8/3/2021
Page 1
Attest -
Lisa Branson, Deputy City Clerk
Printed on 813121
RZN-2021-000055
AP
Real Estate
RZN-2021-00005
Close Up View
EXHIBIT 'A'
STONE MOUNTA"N
CLIFFS BLVD
0
tr
w
0
Proposed
RI-12
O
V
I
RSF-4
i
Subject Property
R-O
NORTH
Zoninq Acres
RI-12 06
Regional Link High Activity
Hillside -Hilltop Overlay District
Feet
- - - Trail (Proposed)
- -
Planning Area
0 75 150
300 450 600
• - -
� — � Fayetteville City Limits
1 inch = 200 feet
Total 06
RZN-2021-000055
EXHIBIT 'B'
Description
PT SE NE 0 63 AC FURTHER DESCRIBED FROM 2014-1448 AS- Part of the SE 1/4 of the
NE 1/4ofSection 14,
Township 16 North, Range30 West, Washington County, Arkansas, being more particularly de-
scribed as follows -
Commencing at the SW corner of said SE 1/4 of the NE 1/4, thence N 02°37'08" E 800 00 feet,
thence S 87°2252 "
E 170.57 feet to the point of beginning, thence along the right-of-way of Arkansas Highway
#265 as follows. N
04°06'33" E 102,13 feet, N 03128'43" E 103 15 feet and N 47055'50 "E 56 14 feet, thence leav-
ing said right-of-way
N 73052'58" E 76 87 feet to a found iron pin, thence S 03"44124" W 269 46 feet to a set iron pin;
thence N
87"22'52" W 111.64 feet to the point of beginning, containing 0 63 acres
Washington County, AR
I certify this instrument was filed on
08/17/2021 03-26 51 PM
and recorded in Real Estate
File Number 2021-00031673
Kyle Sylvester - Circuit Clerk
by w-->— r
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0549
Agenda Date: 8/3/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.2
RZN-2021-055 (212 N. CROSSOVER RDJAP REAL ESTATE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-055 LOCATED AT 212 NORTH CROSSOVER ROAD FOR APPROXIMATELY 0.63 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-12, Residential
Intermediate, 12 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 81412021
City of Fayetteville Staff Review Form
2021-0549
Legistar File ID
8/3/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/16/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000055: Rezone (212 N. CROSSOVER RD./AP REAL ESTATE, 488): Submitted by AARON PETERS for
property located at 212 N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.63 acres. The request is to rezone the property to RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE.
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 AUGUST 3, 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: July 16, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000055: Rezone (212 N. CROSSOVER RDJAP REAL ESTATE, 488):
Submitted by AARON PETERS for property located at 212 N. CROSSOVER RD.
The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.63 acres. The request is to rezone the
property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE.
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 in southeast Fayetteville on N. Crossover Road, approximately 3/4 mile
north of the intersection of E. Huntsville and N. Crossover Road. The property is an approximately
0.63 acres undeveloped lot. Aerial imagery and Washington County property records suggest the
property was developed with a single-family residence that was demolished in the late 1990's.
There is a substantial difference in elevation between the property's access onto N. Crossover
Road and its east property line. A roughly 13% grade is present in the area.
Request: The request is to rezone the property from RSF-4 to RI-12, Residential Intermediate, 12
Units per Acre. The applicant has not submitted any specific development plans, though indicates
an intent to develop the site with added residential density.
Public Comment: A member of the public spoke in opposition to the request at the July 12, 2021
Planning Commission meeting. They said the request would exacerbate traffic and safety issues
that already exist on N. Crossover Road. They suggested RSF-8 would make for a more
compatible request, claiming that the site is too small for the eight units referenced in the
applicants' public notice letter.
Land Use Compatibility: Staff finds the proposed zoning to be compatible with the surrounding
properties. While the property is within an area which is mostly zoned for single-family residential,
the area has a variety of lot sizes and residential building types. The size of the subject lot is
moderate, slightly over a half -acre, and within the Hillside Hilltop Overlay District which will
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
naturally limit the developability of the property. RI-12 is an exclusively residential zoning district
by -right. Given the size of the property the rezoning could introduce a maximum of six units at the
location based on the lot area minimum requirement of 10,890 square feet for a three- or four -
family dwelling. The density allowed in the RI-12 zoning district would largely be limited in size
given other development requirements such as parking and potential tree preservation which
contributes towards protecting compatibility with surrounding single-family dwellings. A potential
development would likely need to access N. Crossover Road, a Regional High -Activity Link Street.
When curb cuts are necessary along these streets curb cuts are required to be shared between
two or more adjoining lots and located a minimum of 250 feet from an intersection or driveway.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The subject property is
designated as a Residential Neighborhood Area which envisions primarily residential uses in a
variety of complimentary building types and configurations. RI-12 would provide a greater range
of residential types and density that is not currently allowed. Rezoning this property to RI-12 could
act as a step-down transition between the heavily trafficked N. Crossover Road and the single-
family residential zoning to the east. The infill score of this property is 5 which indicates that an
incremental increase in density could be justified at this location.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 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 (N. Crossover Road)
• Near Water Main (N. Crossover Road)
• Near Public School (Happy Hollow Elementary)
• Near ORT Bus Stop (Route 20)
DISCUSSION:
At the July 12, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City
Council with a recommendation of approval. Commissioner Belden made the motion and
Commissioner Winston seconded. Commissioners who spoke in favor of the request felt the
rezoning would introduce an appropriate, marginal increase in density at the site. Specifically,
Commissioners indicated that currently, the property owner could develop single-family dwellings
with associated accessory dwelling units. Commissioners also discussed the property's frontage
onto N. Crossover Road, specifically that the form -based requirements of the zoning district would
contribute towards calming traffic on the state highway with potential developments being brought
closer to the street. A member of the public spoke in opposition to the request at the meeting.
They said the request would exacerbate traffic and safety issues that already exist on N.
Crossover Road. They suggested RSF-8 would make for a more compatible request, claiming
that the site is too small for the eight units referenced in the applicants' public notice letter.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2021-000055 AP Real Estate
Close Up View
S?ONE MOUNIN'
CLIFFS-BLVD
i
c
LU O Proposed
�
U) RI 12
N
i
i
i
RSF-4
i
i
i
i
Subject Property
I
� w
R-O
NORTH
Zoning Acres
RI-12 0.6
Regional Link - High Activity
Hillside -Hilltop Overlay District Feet
— — — Trail (Proposed)
L
-� -I Planning Area 0 75 150 300 450 600
_ Fayetteville City Limits 1 inch = 200 feet Total 0.6
Description
PT SE NE 0.63 AC FURTHER DESCRIBED FROM 2014-1448 AS: Part of the SE 1/4 of the
NE 1/4 of Section 14,
Township 16 North, Range30 West, Washington County, Arkansas, being more particularly de-
scribed as follows:
Commencing at the SW corner of said SE 1/4 of the NE 1/4, thence N 02°37'08" E 800.00 feet;
thence S 87°22'52 "
E 170.57 feet to the point of beginning; thence along the right-of-way of Arkansas Highway
#265 as follows: N
04°06'33" E 102,13 feet, N 03°28'43" E 103.15 feet and N 47°55'50 "E 56.14 feet; thence leav-
ing said right-of-way
N 73052'58" E 76.87 feet to a found iron pin; thence S 03"44'24" W 269.46 feet to a set iron pin;
thence N
87"22'52" W 111.64 feet to the point of beginning, containing 0.63 acres.
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: July 12, 2021
SUBJECT: RZN-2021-000055: Rezone (212 N. CROSSOVER RDJAP REAL
ESTATE, 488): Submitted by AARON PETERS for property located at 212
N. CROSSOVER RD. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.63
acres. The request is to rezone the property to RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000055 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000055 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in southeast Fayetteville on N. Crossover Road, approximately 3/4 mile
north of the intersection of E. Huntsville and N. Crossover Road. The property is an approximately
0.63 acres undeveloped lot. Aerial imagery and Washington County property records suggest the
property was developed with a single-family residence that was demolished in the late 1990's.
There is a substantial difference in elevation between the property's access onto N. Crossover
Road and its east property line. A roughly 13% grade is present in the area. Surrounding land
uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-FamilyResidential
RSF-4, Residential Single-family, 4 Units per Acre
South
Undeveloped/Natural Gas Pipeline
RSF-4, Residential Single-family, 4 Units per Acre
East
Undeveloped
RSF-4, Residential Single-family, 4 Units per Acre
West
Multi -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4 to RI-12, Residential Intermediate,
12 Units per Acre. The applicant has not submitted any specific development plans, though
indicates an intent to develop the site with added residential density.
Public Comment: Staff has received no public comment to date.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along North Crossover Road. North Crossover Road
is a fully improved Regional High -Activity Link Street with asphalt paving, sidewalk,
curb and gutter. 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 8-inch water main is
present on the East side of North Crossover Road.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present on the East side of North Crossover Road.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. A portion of the subject area is within the Hillside Hilltop
Overlay District (HHOD). 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. There are no hydric soils 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 Road, protects this site. The property
is located approximately 1.4 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.
Tree Preservation:
The proposed zoning district of RI-12, Residential Intermediate —12 Units per Acre
requires 20% 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 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
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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site,
with a weighted score of 6. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (N. Crossover Road)
• Near Water Main (N. Crossover Road)
• Near Public School (Happy Hollow Elementary)
• Near ORT Bus Stop (Route 20)
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: Staff finds the proposed zoning to be compatible
with the surrounding properties. While the property is within an area which
is mostly zoned for single-family residential, the area has a variety of lot
sizes and residential building types. The size of the subject lot is moderate,
slightly over a half -acre, and within the Hillside Hilltop Overlay District which
will naturally limit the developability of the property. RI-12 is an exclusively
residential zoning district by -right. Given the size of the property the
rezoning could introduce a maximum of six units at the location based on
the lot area minimum requirement of 10,890 square feet for a three- or four -
family dwelling. The density allowed in the RI-12 zoning district would largely
be limited in size given other development requirements such as parking and
potential tree preservation which contributes towards protecting
compatibility with surrounding single-family dwellings. A potential
development would likely need to access N. Crossover Road, a Regional
High -Activity Link Street. When curb cuts are necessary along these streets
curb cuts are required to be shared between two or more adjoining lots and
located a minimum of 250 feet from an intersection or driveway.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The subject property is designated as a Residential
Neighborhood Area which envisions primarily residential uses in a variety of
complimentary building types and configurations. RI-12 would provide a
greater range of residential types and density that is not currently allowed.
Rezoning this property to RI-12 could act as a step-down transition between
the heavily trafficked N. Crossover Road and the single-family residential
zoning to the east. The infill score of this property is 5, with a weighted score
of 6, which indicates that an incremental increase in density could be
justified at this location.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Rezoning this property from RSF-4, Residential Single-family, 4 Units per
Acre to RI-12, Residential Intermediate, 12 Units per Acre, is justified given
the city's stated goals of increased infill development as well as providing
additional opportunities for attainable housing.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning of the property under RI-12 will present an associated potential to
increase traffic on N. Crossover Road. N. Crossover Road is a High -Activity
Regional Link Street per the 2040 Master Street Plan which has a designed
service volume of up to 17,600 vehicles per day. Conversely, the intersection
of E. Cliffs Boulevard and N. Crossover is a hot spot for traffic crashes. There
have been 14 accidents recorded at the access point of the Cliffs
development and an additional four accidents have occurred on N.
Crossover Road along the property's frontage. However, as previously
noted, the developable potential of the property is limited by requirements
like parking, tree preservation, and grading. Staff finds those requirements
will inhibit the property being developed to a degree that would introduce a
burdensome volume of traffic for the street network.
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: Staff finds that rezoning the property from RSF-4 to RI-12 will likely increase
the population density but would not undesirably increase the load on
facilities and services. The 0.63-acre property has access to existing water,
sewer, and other public services that eliminate the need for costly
extensions or stretched fire or police service.
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 approval of RZN-2021-000055.
PLANNING COMMISSION ACTION: Required YES
Date: July 12, 2021
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
O Tabled O Forwarded
O Denied
• Unified Development Code:
o §161.07 RSF-4, Residential Single-family, 4 Units per Acre
o §161.11 District RI-12, Residential Intermediate, 12 Units per Acre
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
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)
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas
with existing public facilities and to encourage the development of a greater variety of housing values.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 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 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3)
family
family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245
, §2, 10-15-19)
3 REAL ESTATE
M
Statement of Compatibility to Planning Staff
Regarding Re -Zone Request
Parcel# 765-14274-000
The request is for the change of the zoning designation from the current
RSF-4 to RI-12 for this parcel. This rezone request is supported, in part,
by the variety of the surrounding zoning designations, the current types
of residential structures/housing and surrounding residential density.
Located directly across a busy street from one of the largest apartment
complexes in the city and directly next to a city gas hub, we feel it
makes this land more suitable for a higher density zoning designation
than RSF-4. According to the City of Fayetteville records there are
seven different zoning designations in close proximity to the parcel we
wish to rezone, including RSF-4, RSF-8, RMF-24, R-O, RPZD, P-1 and
MSC. The infill score of the lot we wish to rezone is five(5) which we
believe makes it a candidate for an `up -zone' and the scope and vision
for the rezone request would align with the aesthetics of the City of
Fayetteville and the Hillside Overlay. With the lot size of .63 acres we
feel there is ample size and with the lot being off a busy road we feel the
zoning designation would be a better fit at the RI-12 rather than the
current RSF-4.
Thank you for your consideration of this rezoning request.
Best Regards,
Aaron Peters
RZN-2021-000055 AP Real Estate
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F.Q 9CX !C07. , AYE 1'7E`iiLLE i,R. 72702 • =70-42-170C -FAY 479.695.11'8 • l',r:; ti: at.;;G�.C:;t"
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 6462
Was inserted in the Regular Edition on:
August 8, 2021
Publication Charges: $92.72
Brittany Smith
Subscribed and sworn to before me
This Cl day ofe�2u , 2021.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC - ARKANSAS
Notary Public my Commission Expires 02-20-2024
My Commission Expires: Zjzc)/ && Commission No. 12397113
* *NOTE* *
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance;6462
File Number: 2021-0549
RZN-2021-055 (212 N. CROSSOVER
RDJAP REAL ESTATE):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-055
LOCATED AT 212 NORTH
CROSSOVER ROAD FOR
APPROXIMATELY 0.63 ACRES
FROM RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE TO RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER
ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from RSF-
4, Residential Single Family, 4 Units Per
Acre to RI-12, Residential Intermediate,
12 Units Per Acre.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
PASSED and APPROVED on g/3/2021
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
This publication was paid for by the City
Clerk -Treasurer of the City of
Fayetteville, Arkansas. Amount paid: $
92.72
75450636 Aug 8, 2021