HomeMy WebLinkAboutOrdinance 6478 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1IIIIIIIIIIIIIIIIIIIIIIIIIIIIII `10 •AYfr,
Doc ID: 020151350003 Type: REL
Kind: ORDINANCE ,..„,
Recorded: 09/30/2021 at 03:23:47 PM
Fee Amt: $25.00 Pape 1 of 3
Washington County, AR "RKQ Sp7
Kyle Sylvester Circuit Clerk
File2021-00037766 1
Fayetteville,AR1n 72701et Aitirt
p �t;�.
(479)575-8323 �I
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Ordinance: 6478
File Number: 2021-0670
RZN-2021-059(740 W.STONE ST./APOGEE PROPERTIES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-059 LOCATED AT 740 WEST STONE STREET FOR APPROXIMATELY 0.24
ACRES FROM RMF-40, RESIDENTIAL MULTI FAMILY,40 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone
classification of the property shown on the map(Exhibit A)and the legal description(Exhibit B)both
attached to the Planning Department's Agenda Memo from RMF-40,Residential Multi Family,40
Units Per Acre to RI-U,Residential Intermediate-Urban.
Section 2: That the City Council of the City of Fayetteville,Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/21/2021
Appro vii: Attest: ```` c"VC/ T�III'i
• �•�. C,. G\T Y �'•qs��,�
FA
ioneld Jo,•. ► ayor •Kara Paxton, City Clerk Treasut ; YE �4/tLL�•
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Page 1 Printed olr�� • ,how
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RZN-2021-000059 Rezone request for Apogee RZN-2021-000059
Close Up View EXHIBIT 'A'
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PUTMAN'ST---------r)
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Q W
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BULLDOG BLVD STON EST
11
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e
Q J STONE ST
z Q
Z F- (73
W
2�
W —J
z
Q
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Q
C.)I l-1
M
m RMF-40
W
Q
J
NORTH
=RMF-40
I-1 Heavy Commercial and Light Industrial
Feet �C-2«'''.. Urban Center -� �DowntownGeneral
_ — _ P-1
' ' Planning Area 0 75 150 300 450 600
�_ _ _ Fayetteville City Limits 1 inch = 200 feet
RZN-2021-000059
EXHIBIT `B'
Legal Description for combined Parcel Numbers: 765-09786-000 and 765-09786-002
Part of lots 11 and 12, Block 3, Putman's Addition to the city of Fayetteville, Washington County,
Arkansas, being more particularly described as follows, to-wit: Beginning at an existing rebar
marking the Northeast corner of said Lot 11 and running thence S02°53'38"W 100.67 feet to an
existing pipe; thence N87°20'29"W 102.95 feet; thence NO2°53'42"E 100.33 feet; thence
S87°31'53"E 102.95 feet to the point of beginning, containing 0.24 acres, more or less.
Washington County, AR
I certify this instrument was filed on
09/30/2021 03:23:47 PM
and recorded in Real Estate
File Number 2021-00037766
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0670
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
RZN-2021-059 (740 W. STONE STJAPOGEE PROPERTIES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-059 LOCATED AT 740 WEST STONE STREET FOR APPROXIMATELY 0.24 ACRES FROM
RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-40, Residential Multi Family, 40 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 912212021
City of Fayetteville Staff Review Form
2021-0670
Legistar File ID
9/21/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000059: Rezone (740 W. STONE ST./APOGEE PROPERTIES, 522): Submitted by SASI SUNDARAM for
property located at 740 W. STONE ST. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER
ACRE and contains approximately 0.24 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 SEPTEMBER 21, 2021
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: September 3, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000059: Rezone (740 W. STONE STJAPOGEE PROPERTIES, 522):
Submitted by SASI SUNDARAM for property located at 740 W. STONE ST. The
property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE
and contains approximately 0.24 acres. The request is to rezone the property to
RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone
the subject property as described and shown in the attached Exhibits `A' and `B.'
BACKGROUND:
The subject property, which contains parcels 765-09786-000 and 765-09786-002, is located near
downtown, just east of Fayetteville High School and the intersection of W. Stone Street and S.
Duncan Avenue. The property contains approximately 0.24 acres and is currently undeveloped.
Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units
per Acre, to RI-U, Residential Intermediate — Urban. The applicant has stated the rezoning is
needed to split the lots to develop smaller scaled residential buildings. The rezone would allow
for more flexible density, setback, and bulk and area requirements.
Public Comment: Staff has not received any public comment.
Land Use Compatibility: The proposed zoning would allow for single-, two-, three-, and four -family
dwellings up to three stories tall at this location. Current zoning allows for dwellings up to five
stories tall. Multi -family dwellings, while permitted by -right under the current zoning, would require
approval of a conditional use permit under RI-U. The subject property is largely surrounded by
one- and two-story single -and multi -family dwellings, which suggests that the uses and
requirements permitted under RI-U would be compatible with this area. The subject property is
alley -loaded which supports rear -loading of the site, minimizing curb cuts, and building closer to
the street. Both RMF-40 and RI-U have front build -to requirements, though RI-U would allow for
the creation of smaller lots with reduced rear setbacks for three- and four -family dwellings.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and the goals of City Plan 2040. The property has a high
infill score of 10, which indicates that a rezoning to allow for additional residential housing types
would be justified in this location. This has the potential to help meet the goals of offering more
"missing middle" housing within walking distance to amenities such as the Razorback Greenway
and the U of A Main Campus. This would support both Goal 1, making appropriate infill and
revitalization the highest priority, and Goal 6, creating opportunities for attainable housing, as
described in City Plan 2040. RI-U would allow for smaller lot sizes and, possibly, a variety of
housing types.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site, with a weighted score of 13.5. 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 W. Stone Street)
• Near Water Main (6", located in W. Stone Street)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Main Campus
• Near Paved Trail (Frisco Trail, Razorback Greenway)
• Near ORT Bus Stop (Hill & Stone, Route 20)
• Near Razorback Bus Stop (Hill & Stone, Route 13/44/48)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the August 23, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Winston made the motion and
Commissioner Sparkman seconded. Commissioners found the rezoning to be compatible with
the surrounding area and in alignment with City goals and policies. No public comment was
offered on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2021-000059
Close Up View
r-1
w
-BULLDOGBLVD
Urban Center
E ST
�- - - Planning Area
�- - - Fayetteville City Limits
Rezone request for Apogee
Subject Property
a J S
z a
M
Z ^ W
LU
RZN-2021-000059
EXHIBIT 'A'
I''MA l �l
Feet
0 75 150 300 450 600
1 inch = 200 feet
I-1
A&
NORTH
RMF-40
1-1 Heavy Commercial and Light Industrial
C-2
Downtown General
P-1
RZN-2021-000059
EXHIBITS'
Legal Description for combined Parcel Numbers: 765-09786-000 and 765-09786-002
Part of lots 11 and 12, Block 3, Putman's Addition to the city of Fayetteville, Washington County,
Arkansas, being more particularly described as follows, to -wit: Beginning at an existing rebar
marking the Northeast corner of said Lot 11 and running thence S02053'38"W 100.67 feet to an
existing pipe; thence N87020'29"W 102.95 feet; thence NO2°53'42"E 100.33 feet; thence
S87031'53"E 102.95 feet to the point of beginning, containing 0.24 acres, more or less.
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 23, 2021 Updated with results from 8/23 PC Hearing
SUBJECT: RZN-2021-000059: Rezone (740 W. STONE STJAPOGEE
PROPERTIES, 522): Submitted by SASI SUNDARAM for property located
at 740 W. STONE ST. The property is zoned RMF-40, RESIDENTIAL
MULTI -FAMILY - 40 UNITS PER ACRE and contains approximately 0.24
acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000059 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000059 to City Council with a recommendation of approval."
BACKGROUND:
The subject property, which contains parcels 765-09786-000 and 765-09786-002, is located near
downtown, just east of Fayetteville High School and the intersection of W. Stone Street and S.
Duncan Avenue. The property contains approximately 0.24 acres and is currently undeveloped.
Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-40, Residential Multi -Family - 40 Units per Acre
South
Single -Family Residential
RMF-40, Residential Multi -Family - 40 Units per Acre
East
Single -Family Residential
RMF-40, Residential Multi -Family - 40 Units per Acre
West
Single -Family Residential
RMF-40, Residential Multi -Family - 40 Units per Acre
Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. The
applicant has stated the rezoning is needed to split the lots to develop smaller scaled residential
buildings. The rezone would allow for more flexible density, setback, and bulk and area
requirements.
Public Comment: Staff has received no public comment on this item.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along W. Stone Street. W. Stone Street is a partially
improved Residential Link street with asphalt paving, curb, and gutter. Any street
improvements required in this area would be determined at the time of
development proposal. Any additional improvements or requirements for drainage
will be determined at the time of development.
Water: Public water is available to the subject area. An existing 6-inch water main is
present in the center of W. Stone Street.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present on the south side of W. Stone Street.
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 0.7 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
the time of development. There are no hydric soils present in the subject area, and
no portion of the property is within the Hillside -Hilltop Overlay District, a FEMA
Floodplain, or a Streamside Protection Zone.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate - Urban requires
15% minimum canopy preservation. The current zoning district of RMF-40,
Residential Multi -Family, 40 Units per Acre 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 City Neighborhood Area.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single-family to multi -family.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site, with a weighted score of 13.5. 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 W. Stone Street)
• Near Water Main (6", located in W. Stone Street)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Main Campus
• Near Paved Trail (Frisco Trail, Razorback Greenway)
• Near ORT Bus Stop (Hill & Stone, Route 20)
• Near Razorback Bus Stop (Hill & Stone, Route 13/44/48)
• Appropriate Future Land Use (City Neighborhood Area)
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. Multi-
family dwellings, while permitted by -right under the current zoning, would
require approval of a conditional use permit. The subject property is largely
surrounded by 1- and 2-story single- and multi -family dwellings; that said,
the current zoning district would also allow for dwellings up to 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 W. Stone Street, and
enabling the buildings to be developed closer to the street to meet the build -
to requirements associated with RI-U.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and the
goals of City Plan 2040. The property has a high infill score of 10, which
indicates that a rezoning to allow for additional residential housing types
would be justified in this location. This has the potential to help meet the
goals of offering more "missing middle" housing within walking distance to
amenities such as the Razorback Greenway and the U of A Main Campus.
This would support both Goal 1, making appropriate infill and revitalization
the highest priority, and Goal 6, creating opportunities for attainable
housing, as described in City Plan 2040.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RMF-40 to RI-U is incremental in intensity and would allow for
the creation of smaller lots with more dense housing. The uses permitted are
still largely residential, and do not include large-scale multi -family
residences that would largely be out of scale in this 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 RMF-40 to RI-U would not create nor appreciable
increase traffic danger and congestion. Since the property is alley -loaded,
curb cuts would be minimized along W. Stone Street 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 RMF-40 to RI-U would have the potential to
incrementally increase population density in this area, but given the
availability of water and sewer to this site, staff finds that the available
infrastructure could support 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:
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-2021-000059.
PLANNING COMMISSION ACTION: Required YES
Date: August 23, 2021 O Tabled
Motion: Winston
(Second: Sparkman
vote: 8-0-0
BUDGET/STAFF IMPACT:
None
O Forwarded O Denied
with recommendation of approval
Attachments:
• Unified Development Code:
o §161.17 RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
o §161.12 District RI-U, Residential Intermediate - Urban
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
(2) Conditional Uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre Fort 40 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two 2 family
3,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
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/5 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, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5
stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Building Area. 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(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; 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, 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, 8, 9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)
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)
Written description of request per the city of Fayetteville rezoning application
a.Current ownership and pending property sales information - The subject property is owned
by Click built LLC. There is a pending sale to Apogee Properties LLC .
b. Reason (need) for requesting the zoning change - The RIU zoning district offers more
flexibility with its lot standards than the current zoning. The RIU district encourages and en-
ables the development of smaller scaled buildings that would better match the existing neigh-
borhood.
c. Statement of how the proposed rezoning will relate to the surrounding properties in terms of
land use, traffic appearance and signage - The proposed rezoning is consistent with the sur-
rounding properties. In terms of land use, the surrounding properties are used as large apart-
ment buildings, commercial and mixed use and are missing mid size multifamily. In general ,
the proposed zoning would allow for higher -density as encouraged by land use designation
while at the same time encouraging smaller -scale buildings . In terms of traffic, the proposed
rezoning from RMF-40 to RI-U doesn't change a lot. In terms of appearance and signage, the
design standards of RI-U will ensure that any new development is contextually sensitive to the
existing neighborhood character.
d. Availability of water and sewer (state size of lines) - Water and sewer is available. A 6" water
main runs east to west at the street on W stone street . A 6" sewer main runs east to west
across the street from the property on W stone street.
e. The degree to which the proposed zoning is consistent with land use planning objectives,
principles, and policies and with land use and zoning plans - The proposed zoning is consistent
with city Plan 2030. In alignment with the existing zoning and surrounding land uses, RI-U al-
lows for appropriate infill and advances Fayetteville's goal to grow a livable transportation net-
work.
f. Whether the proposed zoning is justified and/or needed at the time of request - The proposed
zoning is needed to allow for lot splits necessary for smaller scaled buildings which would help
with bank financing.
G.whether the proposed zoning will create or appreciably increase traffic danger and conges-
tion - the proposed rezoning will not change or increase traffic danger or congestion.
H. Whether the proposed zoning will alter the population density and thereby undesirably in-
crease the load on public services including schools, water and sewer facilities - rezoning the
property as requested will not change or increase the load to public services.
I. Why it would be impractical to use the land for any of the uses permitted under its existing
zoning classification - RMF - 40 does not allow for small lot sizes or narrow lot widths. The cur-
rent zoning does not allow the developer to build smaller scaled buildings.
RZN-2021-000059
Close Up View
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Rezone request for Apogee
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Rezone request for Apogee
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RZN-2021-000059 Rezone request for Apogee
Future Land Use NORTH
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L _ 2 Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood
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Democrat a e�te
P.0 cvf, IE07, �„YET; EVILLc, i�R 27C2 - 479.442-1700' - F„X 479-695-11'8 - W1v'Jd NWfiW3 C:3td
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 6478
Was inserted in the Regular Edition on:
September 26, 2021
Publication Charges: $88.16
K.t�ft
Brittany mith
Subscribed and sworn to before me
This Z 7day off; 2021.
Lf bl�L
Notary Public
My Commission Expires: 2_1zV1241
**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: 6478
File Number: 2021-0670
RZN-2021-059 (740 W. STONE
ST./APOGEE PROPERTIES):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-059
LOCATED AT 740 WEST STONE
STREET FOR APPROXIMATELY
0.24 ACRES FROM RMF40,
RESIDENTIAL MULTI FAMILY, 40
UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -
URBAN
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classi fication 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 RMF-
40, Residential Multi Family, 40 Units
Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
9/21/2021
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: $
88.16
75470002 Sept 26, 2021
