HomeMy WebLinkAboutOrdinance 6527RZN-2021-000084
Close Up View
•3100�
Regional Link
++� Freeway/Expressway
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
Design Overlay District
- Planning Area
L — ! Fayetteville City Limits
Rezone for Habitat for
0 75 150
EXHIBIT 'A'
z
i
0' uJ
Q, Q
RRY•ST�:;—'
RSF-4
SKELTON ST
I
1
Feet
300 450 600
1 inch = 200 feet
Zoning Acres
NC 1.8
Total 1.8
RZN-2021-000084
EXHIBIT 'B'
PT LOT 29 BLOCK 1 FURTHER DESCRIBED FROM 2012-128 AS: Part of Lot Numbered Twenty-nine (29),
Block Numbered One (1) of J.W. Skelton's Subdivision to the City of Fayetteville, Arkansas, as per plat on
file in the records of the Circuit Clerk of Washington County, Arkansas, being more particularly described
as follows: Commencing at an existing iron at the Southeast comer of said lot Twenty-nine (29); thence
NO2°00'02"W 260.00 feet along the East line of said Lot Twenty-nine (29) to a set 1/2" iron rebar for the
true point of beginning; thence S89°59'53" 395.51 feet to an existing iron in an existing fence; thence
N11.42'06"E along said fence 211.48 feet to a point on the platted South Right -of -Way of Cherry Street
and the North line of said Lot Twenty-nine (29), from which an existing reference iron bears S
11°42'06"W 20.45 feet; thence N87°55'25"E along the platted South Right -of -Way of Cherry Street and
the North line of said Lot Twenty-nine (29) 345.17 feet to an existing iron at the Northeast comer of said
Lot Twenty-nine (29) , from which a set reference 1/2" iron rebar bears S02°00'02"E 15.50 feet; thence
S02'00'02"E 219.71 feet to the point of beginning, containing 1.81 acres, more or less.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0040
Agenda Date: 2/1/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.8
RZN-2021-084 (745 W. CHERRY ST./HABITAT FOR HUMANITY):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-084 LOCATED AT 745 WEST CHERRY STREET FOR APPROXIMATELY 1.81 ACRES FROM
RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE AND C-2, THOROUGHFARE
COMMERCIAL TO NC, NEIGHBORHOOD CONSERVATION
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 and C-2, Thoroughfare
Commercial to NC, Neighborhood Conservation.
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 21212022
City of Fayetteville Staff Review Form
2022-0040
Legistar File ID
2/1/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 1/14/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2021-000084: Rezone (745 W. CHERRY ST./HABITAT FOR HUMANITY, 678): Submitted by BRANDON SWOBODA
for property located at 745 W. CHERRY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE & C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.81 acres. The request is to rezone the
property to NC, NEIGHBORHOOD CONSERVATION.
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 FEBRUARY 1, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: January 14, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000084: Rezone (745 W. CHERRY ST./HABITAT FOR HUMANITY,
678): Submitted by BRANDON SWOBODA for property located at 745 W.
CHERRY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE & C-2, THOROUGHFARE COMMERCIAL and contains
approximately 1.81 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
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 south Fayetteville on W. Cherry Street, which is just north of S. School
Avenue's intersection with the Fulbright Expressway and on -ramp to 1-49. Containing 1.81 acres,
the property is currently developed with a single-family home that County records indicate was
constructed in 1940, and associated outbuildings. Most of the property is within the 1-540 Overlay
District.
Request: The request is to rezone the property to NC, Neighborhood Conservation. The applicant
has not submitted any specific development plans but intends to develop new homes on the
property. The applicant has also informed staff that they are working with the City of Fayetteville
Utilities Department on possible utility line extensions to the site.
Public Comment: Staff received inquiries about the proposal, but no clear statement of opposition
or support. No public comment was offered at the meeting.
Land Use Compatibility: Staff finds the request to be mostly compatible with surrounding land
uses. The property is currently split -zoned between C-2, Thoroughfare Commercial, and RSF-4,
Residential Single -Family, 4 Units per Acre. While a rezoning of the entire site to NC,
Neighborhood Conservation would increase the allowable density of residential units on the site,
staff finds that this could potentially be less impactful on the overall site than if it were to be
developed under current entitlements, since C-2 allows for high intensity commercial uses. NC
has a maximum density of 10 units per acre, though is limited to a 40-foot lot width minimum and
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
4000 sq. ft. lot area minimum. The surrounding lot and block pattern along Cherry Avenue is
irregular, though tends to consist of larger lots, making a request for additional density in the area
to appear out of character with the surroundings. That said, the uses permitted in NC are identical
to those permitted in RSF-4; even with the increase in permitted density, the uses would be
immediately compatible with the surroundings.
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
City Neighborhood Area, which indicates an intent for more densely developed residential in
close, connected proximity to commercial and neighborhood services. While the infill score is
moderate, and commercial development is somewhat sparse in the area, this zoning request has
the potential to meet goal #6 of providing attainable housing opportunities through the creation of
more lots and the introduction of a variety of housing and lot sizes to the area. Further, much of
the surrounding area is zoned commercially, indicating an intent for more commercial and non-
residential development to come to the area.
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 9, located at 2250 S School Avenue)
• Near Sewer Main (W. Cherry Street)
• Near Water Main (W. Cherry Street)
• Near ORT Bus Stop (Clydesdale at Tyson North)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the January 10, 2022 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 Wiederkehr seconded. Commissioners offered little comment on the item, finding
the request compatible at this location, and acknowledged that it was difficult for Habitat for
Humanity to find suitable land. Commissioner Madden also asked staff to clarify typographical
errors in the staff report regarding Cherry Street versus Cherry Avenue; those areas have been
corrected in the attached report. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
0 Planning Commission Staff Report
RZN-2021-000084
Close Up View
�Mp3100FJ`:
0
;o
— Regional Link
— Freeway/Expressway
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
Design Overlay District
— ` Planning Area
— Fayetteville City Limits
Rezone for Habitat for
■
tfPropertCySubjectaZo�;
Property
I
w
1=eERRY-ST ='
,I
I
I
i RSF-4
I
I
I
i
i
SKELTON ST
I
I
Feet
0 75 150 300 450
1 inch = 200 feet
:11
A,
NORTH
Zoninq Acres
NC 1.8
Total 1.8
PT LOT 29 BLOCK 1 FURTHER DESCRIBED FROM 2012-128 AS: Part of Lot Numbered Twenty-nine (29),
Block Numbered One (1) of J.W. Skelton's Subdivision to the City of Fayetteville, Arkansas, as per plat on
file in the records of the Circuit Clerk of Washington County, Arkansas, being more particularly described
as follows: Commencing at an existing iron at the Southeast comer of said lot Twenty-nine (29); thence
NO2°00'02"W 260.00 feet along the East line of said Lot Twenty-nine (29) to a set 1/2" iron rebar for the
true point of beginning; thence S89°59'53" 395.51 feet to an existing iron in an existing fence; thence
N11. 42'06"E along said fence 211.48 feet to a point on the platted South Right -of -Way of Cherry Street
and the North line of said Lot Twenty-nine (29), from which an existing reference iron bears S
11°42'06"W 20.45 feet; thence N87°55'25"E along the platted South Right -of -Way of Cherry Street and
the North line of said Lot Twenty-nine (29) 345.17 feet to an existing iron at the Northeast comer of said
Lot Twenty-nine (29) , from which a set reference 1/2" iron rebar bears S02°00'02"E 15.50 feet; thence
S02°00'02"E 219.71 feet to the point of beginning, containing 1.81 acres, more or less.
1p".- -
TO:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
January 10, 2021- 2022 Updated with PC hearing results from 1/10/2022
SUBJECT: RZN-2021-000084: Rezone (745 W. CHERRY ST./HABITAT FOR
HUMANITY, 678): Submitted by BRANDON SWOBODA for property
located at 745 W. CHERRY ST. The property is zoned RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE & C-2,
THOROUGHFARE COMMERCIAL and contains approximately 1.81
acres. The request is to rezone the property to NC, NEIGHBORHOOD
CONSERVATION.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000084 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000084 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville on W. Cherry Street, which is just north of S. School
Avenue's intersection with the Fulbright Expressway and on -ramp to 1-49. Containing 1.81 acres,
the property is currently developed with a single-family home that County records indicate was
constructed in 1940, and associated outbuildings. Most of the property is within the 1-540 Overlay
District. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surroundina Land Use and Zonina
Direction
Land Use
Zoning
North
Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre
South
Commercial/Single-Family Residential
C-2, Thoroughfare Commercial;
RSF-4, Residential Single -Family, 4 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Commerical
C-2, Thoroughfare Commercial
Request: The request is to rezone the property to NC, Neighborhood Conservation. The applicant
has not submitted any specific development plans but intends to develop new homes on the
property. The applicant has also informed staff that they are working with the City of Fayetteville
Utilities Department on possible utility line extensions to the site.
Public Comment: Staff has received inquiries about the proposal, but no clear statement of
opposition or support.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along West Cherry Street. West Cherry Street is a
Partially improved Residential 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 2-inch water main is
present along the north side of W. Cherry Street.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present along the north side of W. Cherry 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 9, located at 2250 S School Avenue protects this site. The property is
located approximately 0.8 miles from the fire station with an anticipated drive time
of approximately 2 minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the site is located within the Hillside -Hilltop
Overlay District or a FEMA floodplain. Nor is there a protected stream present, and
no hydric soils are present on the site.
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation requires 20%
minimum canopy preservation. The current zoning district of RSF-4, Residential
Single -Family, 4 Units per Acre, requires 25% minimum canopy preservation.
The current zoning district of C-2, Thoroughfare Commercial, requires 15%
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.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 2 of 14
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 9, located at 2250 S School Avenue)
• Near Sewer Main (W. Cherry Street)
• Near Water Main (W. Cherry Street)
• Near ORT Bus Stop (Clydesdale at Tyson North)
• 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: Staff finds the request to be mostly compatible with
surrounding land uses. The property is currently split -zoned between C-2,
Thoroughfare Commercial, and RSF-4, Residential Single -Family, 4 Units per
Acre. While a rezoning of the entire site to NC, Neighborhood Conservation
would increase the allowable density of residential units on the site, staff
finds that this could potentially be less impactful on the overall site than if it
were to be developed under current entitlements, since C-2 allows for high
intensity commercial uses. NC has a maximum density of 10 units per acre,
though is limited to a 40-foot lot width minimum and 4000 sq. ft. lot area
minimum. The surrounding lot and block pattern along Cherry Avenue is Street
irregular, though tends to consist of larger lots, making a request for
additional density in the area to appear out of character with the
surroundings. That said, the uses permitted in NC are identical to those
permitted in RSF-4; even with the increase in permitted density, the uses
would be immediately compatible with the surroundings.
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 City Neighborhood Area, which
indicates an intent for more densely developed residential in close,
connected proximity to commercial and neighborhood services. While the
infill score is moderate, and commercial development is somewhat sparse
in the area, this zoning request has the potential to meet goal #6 of providing
attainable housing opportunities through the creation of more lots and the
introduction of a variety of housing and lot sizes to the area. Further, much
of the surrounding area is zoned commercially, indicating an intent for more
commercial and non-residential development to come to the area.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from C-2 and RSF-4 to NC, Neighborhood Conservation, is justified
to bring the area into agreement with the "City Neighborhood" designation
at this site, which would increase residential density in the area and tend the
neighborhood towards becoming more compact and complete.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 3 of 14
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from C-2 and RSF-4 to NC does have the potential to
increase traffic at this site, and given that the proposed zoning does not
include the addition of any services in the area, many trips from this location
would have to be completed with an automobile. That said, the site is close
to an ORT transit stop, and the amount of impact is also limited by the overall
scope of the site. Given these considerations, staff does not find that the
zoning would appreciably increase traffic danger or congestion —. t is-afs Street
worth noting that W. Cherry Avenue is underdeveloped and eventually dead
ends as the street moves east away from S. School; significant street
improvements would potentially need to be made along the property's
frontage to adequately serve the potential increase in density.
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 C-2 and RSF-4 to NC could potentially increase
the population density in the area. However, given the acreage of the site
(1.81 acres), the density maximum of 10 units per acre, and the lot width and
area limitations of 40-foot and 4000 sq. ft. respectively, staff does not find
that the overall impact would be of an adverse burden to the existing public
services. Fayetteville Public Schools did not comment on the 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;
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-2021-000084.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 4 of 14
PLANNING COMMISSION ACTION: Required YES
jDate: January 10, 2022
(Motion: Belden
Second: Wiederkehr
jVote: 8-0-0
BUDGET/STAFF IMPACT:
None
O Tabled M 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 §161.23 District C-2, Thoroughfare Commercial
o §161.29 Neighborhood Conservation
• 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
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 9
Two-family dwellings
Unit 12a
I Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 5 of 14
(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."
161.23 District C-2, Thoroughfare Commercial
(A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of
these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow
administrative approval if the developer decides to use urban form, in compliance with the build -to zone and
minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted Uses.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 6 of 14
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 25
Offices, studios, and related services
Unit 33
Adult live entertainment club or bar
Unit 34
Liquor store
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
1 Small scale production
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 21
Warehousing and wholesale
Unit 28
Center for collecting recyclable materials
Unit 29
Dance Halls
Unit 32
Sexually oriented business
Unit 35
Outdoor music establishments
Unit 36
Wireless communications facilities
Unit 38
Mini -storage units
Unit 42
Clean technologies
Unit 43
Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
15 feet
Rear
20 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line
Side and rear
None
Side or rear, when contiguous to
15 feet
a single-family residential district
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 7 of 14
(F) Building Height Regulations.
Building Height Maximum 1 6 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 side boundary line of an adjacent residential 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. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No.
1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08;
Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-
16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No.
6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19)
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such
as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
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 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
I Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
Planning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 8 of 14
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§l (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
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 9 of 14
Habitat
for Humanity
of Washington County
Arkansas
Building Homes, Community, and Hope!
Jonathan Curth
Fayetteville Planning Department
120 W. Mountain Street
Fayetteville, AR 72701
Mr. Curth,
1► Habitat for Humanity
Rest r re,
November 29, 2021
Please accept this letter as a request to rezone approximately 1.8 acres, located at 745 W. Cherry Street.
The property is split -zoned, C-2, Thoroughfare Commercial and RSF-4. The request is to rezone the
property to NC, Neighborhood Conservation to allow the development of new homes on the property.
We are currently working with the Utilities Department on possible utility line extensions and/or
upgrades to serve the property.
The Future Land Use Map notes this as a City Neighborhood Area, which supports a wide spectrum of
uses and encourages density in all housing types, from single-family to multi -family. The plan to
redevelop this lot for new, affordable housing is consistent with the goals of City Plan 2040 and
provides investment in a neighborhood that is just a few minutes south of downtown and near several
major employers.
Here to Serve,
Brandon M. Swoboda
Executive Director
Habitat for Humanity of Washington County
(479) 418-9499 cell
brandon&habitatwashingtoncoar. org
1421 E. 15" Street Habitat is a 501(c)3 nonprofit
Fayetteville, AR 72701112t Tax ID# 71-0712905
habitatwashingtoncoar.org wwuhornra (479) 575-9
nnarrurm t6
anning Commission
January 10, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 10 of 14
RZN-2021-000084
One Mile View
IN
— Regional Link
— Freeway/Expressway
— — — Shared -Use Paved Trail
- - - Trail (Proposed)
L _� Design Overlay District
�- - -i Fayetteville City Limits
: Planning Area
Rezone for Habitat for
NORTH
0 0.125 0.25 0.5 Miles
Subject Property
�I
J
0
y
RSF
Planning Area r --
Fayetteville City Limits
RSF-4
Zoning
RESIDENTIAL SINGLE-FAMILY
-2 General Ind. —I
EXTRACTION
NSG
E-1
RI-U
COMMERCIAL
Rasieaneal-OMce
N&L
� NSL
C-1
�Reaieantlal-AgiculWrel
�C-2
RSF-.5
� C-3
RSF-,
FORM BASED DISTRICTS
RSF-2
Care
RSF-4
UDowntown TbmwgMare
R.
Main SVeat Center
RSF-fi
Da.W. Ganaral
RSF-18
CummunilyS .
RESIDENTIAL MULTI -FAMILY
Naigbbarlwae Se .
�R,V,F-fi
I♦ Naigbbarlwad Cansanrelian
RMF-,2
PLANNED ZONING DISTRICTS
� RMF-1fi
� Cammertial, IneuaNal, Reaieen�lal
� RMF-24
INSTITUTIONAL
R '40
-,
INDUSTRIAL
F, Naaw corerea2ial one ugbunevaNai
Planning Coi
I�
ssion
2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 11 of 14
RZN-2021-000084
Close Up View
— Regional Link
— Freeway/Expressway
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
Design Overlay District
— ` Planning Area
— Fayetteville City Limits
Rezone for Habitat for
Proposed
Subject Property
CHERRY-ST
.1
s
l
I
SKELTON ST
I
Feet
0 75 150 300 450
1 inch = 200 feet
RSF-4
M.
L
r
A&
NORTH
Zoning Acres
NC 1.8
Total 1.8
Planning Co m
0,
ssion
2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 12 of 14
RZN-2021-000084 Rezone for Habitat for Humanity A&
Current Land Use NORTH
a rip r iF, y i
—L._J
- - ^ -
SL ,
Ir
ikNi
# . Single -Family Residential-
-
�g Yr r'• •+..
t � \• � f i
Undeveloped R .
I! . l F3- r• ` .r �' P" .,{ `;�' -tip - .. -
~, Single -Family Residential
,fie 3i
�_J
Subject Property-
•
v.,
I I I I I I
Commercial/Single-Family Resident al
• •e; _ I I I I �.
r I I
I
I i
- Zone A
Zone I r
Regional Link
Freeway/Expressway
- Trail (Proposed)
Feet
Planning Area
0 112.5 225 450 675
- - -; Fayetteville City Limits
— — 1 inch = 300 feet
j — Design Overlay District
FEMA Flood Hazard Data
too -Year Floodplain
Floodway
Planning Co mission
law -a^ rrl0, 2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 13 of 14
RZN-2021-000084 Rezone for Habitat for A&
Future Land Use NORTH
CLYDESDAIE,OR
� Q
� Q-
�
ZQ o�2
>1V s, al PEACH ST
p0
CAMPUS RD
—HOPS DRg`��°
.\
Non-MuRicipal L'ESTER ST
Governmdnt Z l
,Industrial Q W
Subject Property Rural
v N, W Residential
OQ
SO z
yG O
CHERRY ST o
Ric
tiTF�AL MQ
Residential
`\
I
Neighborhood
SKEL•TON ST
Cl
Ir
GREENWOOD ST
A
o
I
(1)
G) o
z
w
MONTGOMERY-ST _
! City
-
I
Neighborhood
n Cn
im
Ni
/
\
y m
WHILLOCK ST
City Neighborhood
Regional Link
Civic Institutional
Freeway/Expressway
Civic and Private Open Space
Planning Area
Feet
Industrial
Natural
Fayetteville City Limits
'
Non -Municipal Government
- -
- - - -Trail (Proposed)
0 145 290
580 870 1,160
Residential Neighborhood
- -
1 inch - 400 feet
Rural Residential
I — J Design Overlay District
Urban Center Planning Co
ssion
2022
Agenda Item 19
RZN 21-000084 Habitat for Humanity
Page 14 of 14
Democrat axeite
P.C. 2CX. lf.07,=ttYEi?[\ iLLE, AR 72702. 479.442-1700 -FIX: 479-6695-I111:8 - l':0iW.N,WADG.00N
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 6527
Was inserted in the Regular Edition on:
February 6, 2022
Publication Charges: $92.72
4
Brittany Smith
Subscribed and sworn to before me
This -7 day of 1--tb , 2022.
oazw' Ii&
Notary Public
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
Ordinance: 6527
File Number: 2022-0040
RZN-2021-084 (745 W. CHERRY
STJHABITAT FOR HUMANITY):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 21-084
LOCATED AT 745 WEST CHERRY
STREET FOR APPROXIMATELY
1.81 ACRES FROM RSF-4,
RESIDENTIAL SINGLE FAMILY, 4
UNITS PER ACRE AND C-2,
THOROUGHFARE COMMERCIAL
TO NC, NEIGHBORHOOD
CONSERVATION
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 and C-2, Thoroughfare
Commercial to NC, Neighborhood
on 2: That the City Council of the
of Fayetteville, Arkansas hereby
ids the official zoning map of the
of Fayetteville to reflect the zoning
ge provided in Section 1.
SED and APPROVED on 2/IR022
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for byThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $92.72.
75515735 Feb 6 2022,