HomeMy WebLinkAboutOrdinance 65290, FAYETTF
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6529
File Number: 2022-0041
Doc ID: 020429170003 Type FtEL
Kind: ORDINANCE 45:56 AM
Recorded: 03/Og/2022 itof03
Fee Amt: $25.00 Pape
Washinpton County . AR Clerk 0�
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RZN-2021-082 (582 N. MISSION BLVD./FALCONS LANDING, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 21-082 LOCATED AT 582 NORTH MISSION BOULEVARD FOR APPROXIMATELY
0.41 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO
RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official
zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 2/15/2022
--VILLE .� _
RZN-2021-000082
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EXHIBIT 'A'
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0 75 150 300 450 600
1 inch = 200 feet
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RSF-4
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RSF-4
RSF-B
RMF-24
1-1 Heavy Commercial and Light Industrial
RZN-2021-000082
EXHIBIT 'B'
PARCEL 765-02206-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. -
COMMENCING AT AN EXISTING 2" BRASS MONUMENT FOR THE SOUTHEAST
CORNER OF SAID FORTY ACRE TRACT, AND RUNNING THENCE NO3°00'09"E
563.74, THENCE N87°2822"W 101.47' TO AN EXISTING 112" REBAR FOR THE
POINT OF BEGINNING, THENCE N87°33'16"W 172.13' TO AN EXISTING 518"
REBAR, THENCE N12°0239"E 115.53' TO A POINT, FROM WHICH AN EXISTING
CHISELED "X" BEARS S84°2426"E 9.81, THENCE S84°2426"E 153.49' TO AN
EXISTING 112" REBAR, THENCE S02°39'31 "W 105.49' TO THE POINT OF
BEGINNING. CONTAINING 0.41 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0041
Agenda Date: 2/15/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
RZN-2021-082 (582 N. MISSION BLVDJFALCONS LANDING, LLC.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
21-082 LOCATED AT 582 NORTH MISSION BOULEVARD FOR APPROXIMATELY 0.41 ACRES
FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential
Single Family, 8 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 211612022
City of Fayetteville Staff Review Form
2022-0041
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-2021-000082: Rezone (582 N. MISSION BLVD./FALCONS LANDING, LLC., 446): Submitted byTIM MCMAHON for
property located at 582 N. MISSION BLVD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE and contains approximately 0.41 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE
FAMILY, 8 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 1, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Current Planner
DATE: January 14, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2021-000082: Rezone (582 N. MISSION BLVD./FALCONS LANDING,
LLC., 446): Submitted by TIM MCMAHON for property located at 582 N. MISSION
BLVD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS
PER ACRE and contains approximately 0.41 acres. The request is to rezone the
property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
The Planning Commission and City staff recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located east of downtown, about 500 feet north of the intersection of Maple
Street and Mission Boulevard. The property contains approximately 0.41 acres and is currently
undeveloped. Washington County records and aerial imagery indicate that the property was
formerly developed with one single-family dwelling which was demolished in 2020. The driveway
from that residence, which is shared with the commercial development to the north, remains on
site.
Request: The request is to rezone the property from RSF-4, Residential Single -Family — 4 Units
per Acre, to RSF-8, Residential Single -Family — 8 Units per Acre. The applicant did not share a
specific development intent but has suggested that the rezoning would allow for single-family
construction that is complimentary to the character of the existing neighborhood.
Public Comment: Staff received no public comment regarding this request.
Land Use Compatibility: Land uses adjacent to and near the subject property are relatively
diverse. Most nearby properties are developed with detached, single-family dwellings on lots with
widths ranging between 50 and 170 feet, and areas ranging between 5,900 and 26,000 square
feet. Many of the residential lots near the subject property are zoned RSF-4 though they do not
meet the bulk and area requirements of that zoning district. One lot, just west of the subject
property on Johnson Street, was recently rezoned from RSF-4 to RSF-8 in order to bring it into
compliance with bulk and area regulations. In terms of non-residential land uses, there are two
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
lots nearby which contain small retail establishments and one lot that contains a church facility.
Staff finds this variety in land use and type to support the applicant's request, given its allowance
for an incremental increase in density on -site that is neither identical to, nor incompatibly different
from, neighboring properties. Additionally, the conventional setbacks and three-story height
maximum of the RSF-8 zoning district promote a pattern of development that is consistent with
the surrounding area. Since the lot currently has approximately 110 feet of frontage, it could only
be split one time if rezoned to RSF-8.
Land Use Plan Analysis: The proposed zoning is consistent with the property's City Plan 2040
Future Land Use Map designation as a Residential Neighborhood Area, since it would promote
housing that would be appropriate in scale and context. An incremental increase in density
allowance affords an opportunity for appropriate infill that can relate well to neighboring properties,
which would support Goal 1 of City Plan 2040.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this
site. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 1, 303 W. Center St.)
• Near Sewer Main (8" along Mission Boulevard)
• Near Water Main (6" along Mission Boulevard)
• Near Grocery Store (Ozarks Natural Foods Co-op)
• Near City Park (Saint Joseph Park)
• Near Paved Trail (Lafayette Street Bike Trail)
• Near Ozark Regional Transit Stop (Route 10)
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 Sparkman made the motion and
Commissioner Belden seconded. Commissioners unanimously expressed their support for the
request, finding it to be more compatible with the existing lot size pattern in the area.
Commissioner Belden shared that she would rather see a mixed -use zoning district like CS,
Community Services, requested at this site since many nearby properties contain limited
businesses that are only permitted conditionally in RSF-4 and RSF-8 zoning. No public comment
was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
Planning Commission Staff Report
RZN-2021-000082
Close Up View
Falcons Landing LLC
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Feet
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RSF-4
RSF-8
RMF-24
1-1 Heavy Commercial and Light Industrial
PARCEL 765-02206-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 10, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT AN EXISTING 2" BRASS MONUMENT FOR THE SOUTHEAST
CORNER OF SAID FORTYACRE TRACT, AND RUNNING THENCE N03000'09"E
563.74', THENCE N87°28'22"W 101.47' TO AN EXISTING 1/2" REBAR FOR THE
POINT OF BEGINNING, THENCE N87033'16"W 172.13' TO AN EXISTING 5/8"
REBAR, THENCE N12002'39"E 115.53' TO A POINT, FROM WHICH AN EXISTING
CHISELED 'X" BEARS S8402426"E 9.81, THENCE S8402426"E 153.49' TO AN
EXISTING 1/2" REBAR, THENCE S02039'31 "W 105.49' TO THE POINT OF
BEGINNING. CONTAINING 0.41 ACRES, MORE OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: January 10, 2022 (Updated with results from 01/10/22 PC hearing)
SUBJECT: RZN-2021-000082: Rezone (582 N. MISSION BLVD./FALCONS
LANDING, LLC., 446): Submitted by TIM MCMAHON for property located
at 582 N. MISSION BLVD. The property is zoned RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.45
acres. The request is to rezone the property to RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2021-000082 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2021-000082 to the City Council with a recommendation of approval."
BACKGROUND:
The subject property is located east of downtown, about 500 feet north of the intersection of Maple
Street and Mission Boulevard. The property contains approximately 0.45 acres and is currently
undeveloped. Washington County records and aerial imagery indicate that the property was
formerly developed with one single-family dwelling which was demolished in 2020. The driveway
from that residence, which is shared with the commercial development to the north, remains on
site. Surrounding land use and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Retail
RSF-4, Residential Single-family, 4 Units per Acre
South
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
East
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Single-family Residential
RSF-4, Residential Single-family, 4 Units per Acre
Request: The applicant is requesting to rezone the subject property from RSF-4, Residential
Single-family — 4 Units per Acre, to RSF-8, Residential Single-family - 8 Units per Acre. Although
specific development details have not been provided, the applicant states that rezoning to RSF-
8 will allow for single-family construction that is complimentary to the character of the existing
neighborhood.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along Mission Boulevard. Mission Boulevard is
a partially improved Neighborhood Link street with asphalt paving and open
ditches. Any street improvements required in these areas will be determined at the
time of development proposal.
Water: Public water is available to the site. An existing six-inch water main is present along
the east side of Mission Boulevard.
Sewer: Public sanitary sewer is available to the site. An existing eight -inch sanitary sewer
main is present along the west side of Mission Boulevard.
Fire: Station 1, located at 303 W. Center Street, protects this site. The property is
located approximately 1.4 miles from the fire station with an anticipated drive time
of approximately five minutes using existing streets. The anticipated response time
would be approximately 7.2 minutes. Fire Department response time is calculated
based on the drive time plus one 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 six minutes for engine and eight minutes for a ladder truck. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not express any concerns with this request.
Drainage: No portion of the subject property lies within a FEMA designated 100-year
floodplain or a Streamside Protection Zone. Similarly, no hydric soils are present,
and no portion of the property lies within the Hillside -Hilltop Overlay District.
Improvements or requirements for drainage will be determined at the time of
development.
Tree Preservation:
The current zoning district, RSF-4, Residential Single -Family — 4 Units per Acre,
requires 25% minimum canopy preservation. The proposed zoning district,
RSF-8, Residential Single -Family — 8 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 a Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a variety of
housing types of appropriate scale and context, including single family, multi -family, and
rowhouses. Residential Neighborhood Areas encourage highly connected, compact blocks with
gridded street patterns and reduced setbacks. It also encourages traditional neighborhood
development that incorporates low -intensity, non-residential uses intended to serve the
surrounding neighborhood, 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 in the
natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
6 and 7 out of 12 for the subject property. Per the Planning Commission's Infill Matrix weighting,
this represents an average weighted score of 7. The following elements of the matrix contribute
to the score:
• Adequate Fire Response (Station 1, 303 W. Center St.)
• Near Sewer Main (8" along Mission Boulevard)
• Near Water Main (6" along Mission Boulevard)
• Near Grocery Store (Ozarks Natural Foods Co-op)
• Near City Park (Saint Joseph Park)
• Near Paved Trail (Lafayette Street Bike Trail)
• Near Ozark Regional Transit Stop (Route 10)
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: Land uses adjacent to and near the subject property
are relatively diverse. Most nearby properties are developed with detached,
single-family dwellings on lots with widths ranging between 50 and 170 feet,
and areas ranging between 5,900 and 26,000 square feet. Many of the
residential lots near the subject property are zoned RSF-4 though they do
not meet the bulk and area requirements of that zoning district. One lot, just
west of the subject property on Johnson Street, was recently rezoned from
RSF-4 to RSF-8 in order to bring it into compliance with bulk and area
regulations. In terms of non-residential land uses, there are two lots nearby
which contain small retail establishments and one lot that contains a church
facility. Staff finds this variety in land use and type to support the applicant's
request, given its allowance for an incremental increase in density on -site
that is neither identical to, nor incompatibly different from, neighboring
properties. Additionally, the conventional setbacks and three-story height
maximum of the RSF-8 zoning district promote a pattern of development that
is consistent with the surrounding area. Since the lot currently has
approximately 110 feet of frontage, it could only be split one time if rezoned
to RSF-8.
Land Use Plan Analysis: The proposed zoning is consistent with the
property's City Plan 2040 Future Land Use Map designation as a Residential
Neighborhood Area, since it would promote housing that would be
appropriate in scale and context. An incremental increase in density
allowance affords an opportunity for appropriate infill that can relate well to
neighboring properties, which would support Goal 1 of City Plan 2040.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is justified, with the request addressing
both long-range plans and historic development patterns in the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RSF-8 has the potential to minorly increase traffic
along Mission Boulevard, which is classified as a Neighborhood Link in the
City's 2040 Master Street Plan. Utilizing the existing, shared driveway could
eliminate the need to create a new curb cut and potentially minimize traffic
impacts. Regardless, the size of the property and street frontage will
naturally restrict the number of potential dwellings on the property.
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: The proposed rezoning would not substantially alter the population density
and thereby undesirably increase the load on public services. The rezoning
would only increase the number of units permitted by -right on the property
from one to three.
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;
There are extenuating circumstances which justify the rezoning even though
there are reasons under b (1) through (4) above why the proposed zoning is
not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000082 to the City
Council with a recommendation of approval.
(PLANNING COMMISSION ACTION: Required YES
Date: January 10, 2022 O Tabled O Forwarded O Denied
with a recommendation
Motion: Sparkman of approval.
Second: Belden
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 — RSF-4, Residential Single-family — 4 Units per Acre
o §161.09 — RSF-8, Residential Single-family — 8 Units per Acre
• 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
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."
161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre
(A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to
allow for the development of new single family residential areas with similar lot size, density, and land use as
the historical neighborhoods in the downtown area.
(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
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
By Ri ht
Single-family dwelling units per
acre
8 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family
50 feet
Two 2 family
50 feet
Townhouse, no more than two
2 attached
25 feet
(2) Lot Area Minimum.
Single-family 5,000 square feet
Two-family 5,000 square feet
(3) Land Area Per Dwelling Unit.
Single-family
5,000 square feet
Two-family
5,000 square feet
Townhouse, no more than two
(2) attached
2,500 square feet
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 5 feet
(F) Height Regulations.
Building Height Maximum 1 3 stories
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a
detached garage exists or is proposed; then 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.
(Ord. No. 4783, 10-18-05; 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 , §§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."
Rezoning request for 582 N. Mission Blvd.
The proposed zoning is compatible with the neighboring property as there are over 20 lots within 400'
of the subject property that have characteristics of an RSF8 lot size. There are also other RSF8 zoned
properties in close proximity of the subject property. The proposed rezoning will not adversely affect or
conflict with surrounding land uses as there are several single family residences within close proximity
that are on lots similar in size to an RSF8 lot size and density.
The proposed RSF8 rezoning will positively enhance and blend with surrounding land uses.
RZN-2021-000082 Falcons Landing LLC
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RECEIVED
FEB 2 5 2022
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
NOR HWE 1 j RKANW
Ordinance: 6529
File
2(582 041
—Aw One&
E�M=
2021-0.
N. 122N-2021-082 (582 N. MISSION
BLVD./FALCONS LANDING, LLC.):
AN ORDINANCE TO REZONE THAT
,TEViLLE, A?, 727v.12. 479.442-1700 • FAX1Y : -179-695-1118. W1,V_RV.ADGCOht
P.O.2,0X 1607, ;IYE1
PROPERTY DESCRIBED REZONING PETITION RZN 21-082
LOCATED AT 582 NORTH MISSION
BOULEVARD FOR
APPROXIMATELY 0.41 ACRES
AFFIDAVIT OF PUBLICATION
FROM RRESIDENTIAL
SINGLE FFAMAMILY, 4 UNITS PER
ACRE TO RSF-8, RESIDENTIAL
1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
ACRE SINGLE FAMILY, 8 UNITS PER
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
BE.IT ORDAINED BY THE CITY
published in said County, State of Arkansas; that I was so related to this
P tY+ �
COUNCIL THE CITY OF
FAYETTEVILLE, ARKANSAS:
publication at and during the publication of the annexed legal advertisement
Section 1: That the City Council of the
the matter of Notice pending in the Court, in said County, and at the dates of
City Fayetteville, Arkansas hereby
changgee s the zone classification of the
the several publications of said advertisement stated below, and that during said
property shown on the map (Exhibit A)
eriods and at said dates, said newswas rinted a and had a bona fide
P P P P
and the legal description (Exhibit B)
both attached to the Planning
circulation in said County; that said newspaper had been regularly printed and
Department's Agenda Memo from RSF-
ublished in said County, and had a bona fide circulation therein for the period of
P t3r p
a, Residential Single Family, 4 Units Per
Acre to RSF-8, Residential Single
one month before the date of the first publication of said advertisement; and that
Family, 8 Units Per Acre.
said advertisement was published in the regular daily issues of said newspaper
P � YCity
Section a That the City Council heof reby
of Fayetteville, Arkansas hereby
as stated below.
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
City of Fayetteville
PASSED and APPROVED on
Ord 6529
2115/2022
Approved:
Lioneld Jordan, Mayor
Was inserted in the Regular Edition on:
g
Attest:
Kara Paxton, City Clerk Treasurer
February 20, 2022
Paid forbyThe City Clerk -Treasurer of
the City of Fayetteville, AR. Amount
paid: $9120.75521162 Feb. 20, 2022
Publication Charges: $92.72
—( '. S. L
Brittany Smith Cathy Wiles
Benton COUNTY
Subscribed and sworn to before me NOTARY PUBLIC-ARKANSAS
My Commission Expires 02-20-20�
This 2� day of t-� , 2022. Commission No, 12397118
Notary Public
My Commission Expires: �2-o_r
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.