HomeMy WebLinkAboutOrdinance 6480 1111111111 III H I I III II II II H II II
Doc ID: 020151370003 Type: REL
F Fnre T Kind: ORDINANCE
Recorded: 09/30/2021 at 03:24:47 PM
Fee Act: $25.00 Page 1 of 3
) Washington County, AR
Kyle Sylvester Circuit Clerk
File2021-00037768
4 Kam___
113 West Mountain Street
Fayetteville,
575 323
701 ARCHIVE.
Ordinance: 6480
File Number: 2021-0680
RZN-2021-061 (1428 E. HUNTSVILLE RD./LASEY):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-061 LOCATED AT 1428 EAST HUNTSVILLE ROAD FOR APPROXIMATELY 1.85
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE-URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone
classification of the property shown on the map(Exhibit A)and the legal description(Exhibit B)both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family,4 Units
Per Acre to RI-U, Residential Intermediate-Urban.
Section 2: That the City Council of the City of Fayetteville,Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/21/2021
Approve c Attest: ` � 00( tilnrrrrR �,,
' ce a _ FAYETTE`✓IL
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Lioneld JI rda ayor Kara Paxton, City Clerk TreasuiT z'..
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Page 1 Printed on /LS'lij 111
RZN-2021-000061 Rezone request for Lasey RZN-2021-000061
Close Up View EXHIBIT 'A'
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Subject Property
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1' NORTH
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Residential-Agricultural
RSF-4
RMF-6
RMF-12
+.. Neighborhood Link RMF-24
Hillside-Hilltop Overlay District Feet Residential-Office
LPlanning Area C-1
' Fayetteville City Limits 0 75 150 300 450 600 Community Services
L. 1 inch = 200 feet
Trail(Proposed) I♦Neighborhood Services-Gen.
P-1
EXHIBIT 'B'
RZN-2021-000061
LEGAL DESCRIPTION
PARCEL # 765-14414-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE
SOUTH LINE THERE OF N87°07'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND
RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING:
N25°42'04"E 43.13', N05°40'33"W 25.78', N 12°36'01"E 27.91', N01°51'26"E 28.45', N38°33'22"E
53.92', N26°17'21"E 39.73', N00°10'17"W 6.23', THENCE LEAVING SAID DITCH CENTERLINE
S87°14'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE
TRACT & THENCE ALONG SAID EAST LINE S01°34'12"W 208.45' TO THE POINT OF
BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
09/30/2021 03:24:47 PM
and recorded in Real Estate
File Number 2021-00037768
Kyle Sylvester- Circuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0680
Agenda Date: 9/21/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
RZN-2021-061 (1428 E. HUNTSVILLE RD./LASEY):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-061 LOCATED AT 1428 EAST HUNTSVILLE ROAD FOR APPROXIMATELY 1.85 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 912212021
City of Fayetteville Staff Review Form
2021-0680
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-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525): Submitted by MCCLELLAND ENGINEERS, INC. for
property located at 1428 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 1.85 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
FROM: Jessie Masters, Development Review Manager
DATE: September 3, 2021
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525): Submitted
by MCCLELLAND ENGINEERS, INC. for property located at 1428 E.
HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE and contains approximately 1.85 acres. The request is to
rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Planning Commission and City staff and 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 south Fayetteville and is approximately 0.3 miles to the west of E.
Huntsville Road's intersection with Happy Hollow Road. Containing approximately 1.85 acres, the
property is currently developed with a single-family home that County records indicate was
constructed in 1915, and associated outbuildings. The property slopes up significantly from E.
Huntsville Road, but only a small portion of the northeast corner lies within the Hillside -Hilltop
Overlay District.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre, to RI-U, Residential Intermediate - Urban. The applicant has not submitted any
additional development plans.
Public Comment: Staff received phone call inquiries about the proposal, but no comment in direct
support or opposition to the request prior to the meeting. One caller specifically asked whether
the developer had plans to incorporate low-income or affordable housing in any proposed
development; City ordinances do not currently require any low-income or affordable housing offset
with development proposals. One member of the public spoke in favor of the rezoning request at
the meeting.
Land Use Compatibility: The surrounding property includes multi -family residential to the north,
single-family residential to the west and east, and mixed -density residential to the south, which is
across E. Huntsville Road. Given the mixed -density residential surroundings, staff finds that a
request to rezone this area from RSF-4 to RI-U is compatible, since it would permit a variety of
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
housing types, ranging from single-family to up to 4-family structures by -right. Staff finds that the
property's frontage along E. Hunstville Road, a Neighborhood Link Street, could likely absorb
additional dwelling units at this location, and given the 1.85 acre size of the site, would not likely
negatively contribute to traffic congestion. The inclusion of a build -to -zone with the RI-U zoning
district also requires that buildings be placed closer to E. Huntsville Road, promoting walkability
and a pedestrian -oriented streetscape. Given the slope of the site to the north, staff does not find
that the 3-story buildings allowed under RI-U would be out of scale with the surrounding context,
especially given the townhome structures that are located to the immediate north of this property,
and the same height allowance under RSF-4 today. Further, staff finds that the surrounding
zoning signals an intent for change in this neighborhood. While there is currently one single-family
dwelling to the east of the property, the zoning district of NS-G would permit additional non-
residential uses. CS zoning to the south also signals a desire for additional density and services
in the area. Zoning for additional, compatible housing to the area would likely positively contribute
to the signaled changes in the neighborhood through recent rezoning requests.
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 area is designated as a
Residential Neighborhood Area, which indicates an intent for incrementally dense residential in
close, connected proximity to commercial and neighborhood services. While the infill score is low
to moderate, this zoning request has the potential to meet goals #1, 2, and 6, by bringing
additional residential dwellings to a location that is relatively close to town rather than contributing
to suburban sprawl, creating opportunities for attainable housing with the potential of introducing
a variety of housing types, and developing in a way that would potentially be complete, compact
and connected to additional services.
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 (6" sewer main, E. Huntsville Road)
• Near Water Main (8" water main, E. Huntsville Road)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (ORT Route 20)
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 Belden made the motion and
Commissioner Garlock seconded. Commissioners found the rezoning to be compatible with the
surrounding area given the street frontage, the surrounding existing zoning districts, and long-
term land use plans for the area. Commissioners were optimistic that current traffic conditions
would improve with ongoing Morningside Drive improvements, and recognized the need for
potential future improvements with the intersection at Curtis Avenue. One member of the public
spoke at the meeting in support of the request and expressed a desire to rezone a larger area of
the surrounding neighborhood.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2021-000061 Rezone request for Lasey
Close Up View
RSF=4
I
-SEQUOYAH CT----" I
Subject Property
HUNTSVILLE RD
--------------------
R-O
RMF-6 W
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W
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fir==------
RMF-12 111111111W'-NORTH
Resid ential-Ag ricu Itu ral
RS F-4
RMF-6
RMF-12
Neighborhood Link
RMF-24
Hillside -Hilltop Overlay
District
Feet
Residential -Office
` Planning Area
C-1
- -
0
75 150 300 450 600
Community Services
L Fayetteville City Limits
—
1 inch = 200 feet
Neighborhood Services -Gen.
— — — Trail (Proposed)
P-1
EXHIBIT 'B'
RZN-2021-000061
LEGAL DESCRIPTION
PARCEL # 765-14414-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15,
TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING
MORE PARTICULARY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE
SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE
SOUTH LINE THERE OF N87007'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND
RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING:
N25°42'04"E 43.13', N05o4O'33"W 25.78', N 12°36'01 "E 27.91', N01 °51'26"E 28.45', N38033'22"E
53.92', N26017'21"E 39.73', N00010'17"W 6.23', THENCE LEAVING SAID DITCH CENTERLINE
S87014'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE
TRACT & THENCE ALONG SAID EAST LINE S01034'12"W 208.45' TO THE POINT OF
BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS.
CITY OF
ti FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: August 23, 2021 Updated with PC hearing results from 8/23/2021
SUBJECT: RZN-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525):
Submitted by MCCLELLAND ENGINEERS, INC. for property located at
1428 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.85
acres. The request is to rezone the property to RI-U, RESIDENTIAL
INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000061 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000061 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville and is approximately 0.3 miles to the west of E.
Huntsville Road's intersection with Happy Hollow Road. Containing approximately 1.85 acres, the
property is currently developed with a single-family home that County records indicate was
constructed in 1915, and associated outbuildings. The property slopes up significantly from E.
Huntsville Road, but only a small portion of the northeast corner lies within the Hillside -Hilltop
Overlay District. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
South
Mixed -Density Residential
R-O, Residential Office; CS, Community Services;
RMF-24, Residential Multi -Family, 24 Units per Acre
East
Single -Family Residential
NS-G, Neighborhood Services - General
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property to RI-U, Residential Intermediate - Urban. The
applicant has not submitted any additional development plans.
Public Comment. Staff has received phone call inquiries about the proposal, but no comment in
direct support or opposition to the request. One caller specifically asked whether the developer
had plans to incorporate low-income or affordable housing in any proposed development; City
ordinances do not currently require any low-income or affordable housing offset with development
proposals.
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along E. Huntsville Road. E. Huntsville Road is a
partially -improved Neighborhood Link Street with asphalt paving and open ditches.
Any street improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to the subject area. An existing 8-inch water main is
present on the north side of E. Huntsville Road.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present on the south side of E. Huntsville Road. An existing 6-inch sanitary
sewer main is present on the West side of the subject property.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S. Happy Hollow protects this site. The property is
located approximately .5 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
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: A small portion of the property in the northeast corner lies within the Hillside -Hilltop
Overlay District. Additional restrictions will apply 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 protected streams present in the subject area, not does any of the
subject property lie within a FEMA floodplain, nor are there any hydric soils present
on the site. Any additional improvements or requirements for drainage will be
determined at time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate - Urban requires
15% 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
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 2 of 13
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 5.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (6" sewer main, E. Huntsville Road)
• Near Water Main (8" water main, E. Huntsville Road)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (ORT 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: The surrounding property includes multi -family
residential to the north, single-family residential to the west and east, and
mixed -density residential to the south, which is across E. Huntsville Road.
Given the mixed -density residential surroundings, staff finds that a request
to rezone this area from RSF-4 to RI-U is compatible, since it would permit a
variety of housing types, ranging from single-family to up to 4-family
structures by -right. Staff finds that the property's frontage along E.
Hunstville Road, a Neighborhood Link Street, could likely absorb additional
dwelling units at this location, and given the 1.85 acre size of the site, would
not likely negatively contribute to traffic congestion. The inclusion of a build -
to -zone with the RI-U zoning district also requires that buildings be placed
closer to E. Huntsville Road, promoting walkability and pedestrian
friendliness. Given the slope of the site to the north, staff does not find that
3-story buildings would be out of scale with the surrounding context,
especially given the townhome structures that are located to the immediate
north of this property. Further, staff finds that the surrounding zoning
signals an intent for change in this neighborhood. While there is currently
one single-family dwelling to the east of the property, the zoning district of
NS-G would permit additional non-residential uses. CS zoning to the south
also signals a desire for additional density and services in the area. Zoning
for additional, compatible housing to the area would likely positively
contribute to the signaled changes in the neighborhood through recent
rezoning requests.
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 area is designated as a Residential Neighborhood
Area, which indicates an intent for incrementally dense residential in close,
connected proximity to commercial and neighborhood services. While the
infill score is low to moderate, this zoning request has the potential to meet
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 3 of 13
goals #1, 2, and 6, by bringing additional residential dwellings to a location
that is relatively close to town rather than contributing to suburban sprawl,
creating opportunities for attainable housing, and developing in a way that
would potentially be complete, compact and connected to additional
services.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 to RI-U is justified to bring incremental density to the
site, and will still align with the future land use map designation as a
Residential Neighborhood Area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RI-U has the potential to increase traffic
to the location. Under the current zoning district, the development potential
is limited to 4 units per acre; RI-U does not have the same density limitation,
but would have a build -to -zone requirement rather than a building setback,
which would potentially relocate any parking and access needs to the rear
of the property. Staff does not find that given the 1.85 acre size of the site
that the amount of added traffic would appreciably increase any traffic
danger or congestion. Staff does find, however, that there have been
automotive crashes at this property's frontage, likely due to the intersection
with Curtis Avenue across the street. Subsequent development proposals
would be analyzed for stopping site distance, and any required street
improvements would also be evaluated at the time of a development
proposal.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to RI-U does have the capacity to increase
the population density at this location, though staff does not find that it
would be unwelcome. Given the site acreage of 1.85 acres, staff finds that
limitations such as the site's size, residential parking requirements, and
other tree preservation requirements would prevent the increase in density
from becoming undesirable. Staff also finds that there is available water and
sewer at this location, and E. Huntsville Road's designation as a
Neighborhood Link Street could likely support the additional increase. The
Fayetteville Public School District did not comment on this request.
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;
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 4 of 13
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-2021-000061.
PLANNING COMMISSION ACTION:
JDate: August 23, 2021 O Tabled
Motion: Winston
(Second: Sparkman
JVote: 8-0-0
BUDGET/STAFF IMPACT:
None
Required YES
Forwarded O Denied
with recommendation of approval
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family - Four (4) 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
161.07 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
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 5 of 13
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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 6 of 13
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
Unit 46
Short-term rentals
(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 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.
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 7 of 13
(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; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 8 of 13
McCLELLAN
ffl"CE� CONSULTING
ENGINEERS, INC.
July 14, 2021
Planning Commission
City of Fayetteville
125 West Mountain Street
Fayetteville, AR. 72701
Re: Rezoning of Parcel #765-14414-000 (1428 E. Huntsville Road)
Dear Planning Commission Members,
1580 East Stearns Street
Fayetteville, AR 72703
(479) 443.2377 P 1 (479) 443.9241 F
mce.us.com
This letter is in regards to the rezoning request for Parcel #765-14414-000, located at 1428 E.
Huntsville Road. The purpose for the requested rezoning is to change the current zoning from
RSF-4 to RI-U.
The Future Land Use Plan per the City Plan 2040 indicates that the subject property site is
located within the Residential Neighborhood Area designation. 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.
The RI-U, Residential Intermediate -Urban 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.
With the utilization of Residential Neighborhood design principles and the RI-U zoning
guidelines we therefore feel like this proposed rezoning is in line with the future land
development goals and will not unreasonable adversely affect or conflict with surrounding land
uses.
Sincerely,
Chris Bakunas, PLA
Project Manager
cbakunas@mce.us.com
Planning Commission
August 23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 9 of 13
RZN-2021-000061 Rezone request for Lasey
One Mile View NORTH
0 0.125 0.25 0.5 Miles
L
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RESIDENTIAL SINGLE-FAMILY EXTRACTION
11
COMMERCIAL
Neighborhood Link
—
NSL C;identlal-OMe
Reai°en°al-Agiculturel C-2
Regional Link - High Activity
— — —
RSF-+S FORM °BASED DISTRICTS
R. Daxntaxn Cure
— — — Shared -Use Paved Trail
R. MMUl—CIglh'are
R. Main SVeat Cantor
'
R. Du.W. Ganaral
— — — Trail (Proposed)
RSF-1a CommunityS .
RESIDENTIAL MULTI -FAMILY Naighburlwu°Se .
, .
Fayetteville City Limits
i Q
____ ;-----1
�R 6 Naighbarlwa° Cansanatian
RMF-,2 PLANNED ZONING DISTRICTS
�R �Cammamal,ln°.—I,Rasi°ann„a,
Planning Area - '=-
�RMR24 INSTITUTIONAL
Planning Area
Fayetteville City Limits
RMF-au
ND11 ti—yGammamialanELight ln°.Gal Planning Conim
3,
ssion
2021
Agenda Item 11
RZN 21-000061 Lasey
Page 10 of 13
RZN-2021-000061
Close Up View
Rezone request for Lasey
RSF=4'
5TH ST
RMF-24 5�
SEQUOYAH CT
Subject Property /•
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Residential -Agricultural
RSF-4
RMF-6
RMF-12
Neighborhood Link RMF-24
Hillside -Hilltop Overlay District Feet Residential -Office
` Planning Area C-1
- - 0 75 150 300 450 600 Community Services
L - Fayetteville City Limits
1 inch = 200 feet Neighborhood Services -Gen.
- - - Trail (Proposed) P-1 Planning Coin
3
ssion
2021
Agenda Item 11
RZN 21-000061 Lasey
Page 11 of 13
RZN-2021-000061
Current Land Use
Rezone request for Lasey
NORTH
Multi Family Residential ---_- _ - - - `.I_-- .
-
Subject Property
Commercial
HUNTSVILLE RD -_ -
-
Single Family Residential s
w
a: r�6
FAIRLANE ST
Neighborhood Link
Trail (Proposed)
_ _ _; Planning Area
- - -; Fayetteville City Limits
Feet
0 112.5 225 450 675
1 inch = 300 feet
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
Planning Conlmission
- ;61961st-23, 2021
Agenda Item 11
RZN 21-000061 Lasey
Page 12 of 13
RZN-2021-000061
Future Land Use
KINGFIS 2
r
Z eN
r
TEAL-RD—
Civic
Institutional
Neighborhood Link
Regional Link - High Activity
Planning Area
�- - -, Fayetteville City Limits
- - - Trail (Proposed)
Rezone request for Lasey
Residential
Neighborhood
NORTH
2
Subject Property OG 5TH ST
0
S w
Q
Z
Q
2
w
w
HUNTSVILLE-RD =
Natura-M�
Feet
0 145 290 580 870
1 inch = 400 feet
BE
Neig
FAIKL-ANE ST
MI }
Z W G
U) EV_ALYN_
w <CIR.J
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban Center Planning Cc
ssion
2021
Agenda Item 11
RZN 21-000061 Lasey
Page 13 of 13
Democrat aet�e
F',^ B:;x 1607 �_A'-FTTE` ILLE. i�P 72702 • 79: 4 2-170-� - FAX •179-5?54115 • W's'1W NWAD& COIN
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 6480
Was inserted in the Regular Edition on:
September 26, 2021
Publication Charges: $88.16
664s &;,&
Brittany Smith
Subscribed and sworn to before me
This l -7 day of 2021.
(��C4 La�
Notary Public Z12.,D/Z4
My Commission Expires:
**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
iwance: 6480
Number. 2021-0680
1-2021.061 (1428 E. HUNTSVILLE
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-061
LOCATED AT 1428 EAST
HUNTSVILLE ROAD FOR
APPROXIMATELY 115 ACRES
FROM RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from RSF-
4, Residential Single Family, 4 Units Per
Acre to RI-U, Residential Intermediate -
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: S
88.16
75470019 Sept26,2021