HomeMy WebLinkAboutOrdinance 6558RZN-2022-000011
Close Up View
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Subject Property
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Hillside -Hilltop Overlay District Feet
Planning Area
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1 inch = 200 feet
Trail (Proposed)
EXHIBIT'A'
RZN-2022-000011
RSF-18
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RSF-4 ,
NORTH
77.1 Residential -Agricultural
IRS F-2
IRS F-4
RSF-8
RSF-18
C-1
C-2
it Neighborhood Conservation
Commercial, Industrial, Residential
RZN-2022-000011
EXHIBIT 'B'
EXHIBIT #1 - SURVEY DESCRIPTION OF PROPERTY TO BE REZONED
A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND PART OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 19, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 19; THENCE NORTH 87°11"9" WEST A DISTANCE OF
630.00 FEET TO A FOUND 1/2" REBAR BEING THE POINT OF BEGINNING; THENCE SOUTH 02°14'30" WEST A
DISTANCE OF 210.20 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 87°23'03" EAST A DISTANCE OF 335.98
FEET TO A FOUND PIPE; THENCE SOUTH 02°08'53" WEST A DISTANCE OF 706.11 FEET TO A FOUND 1/2"
REBAR; THENCE SOUTH 76°53'45" WEST A DISTANCE OF 134.91 FEET TO A FOUND 1/2" REBAR; THENCE
NORTH 12°23'01" WEST A DISTANCE OF 95.39 FEET TO A FOUND 5/8" REBAR; THENCE SOUTH 75°37'04" WEST
A DISTANCE OF 92.11 FEET TO A FOUND PIPE; THENCE SOUTH 76°44'26" WEST A DISTANCE OF 213.75 FEET
TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 149.35 FEET TO A FOUND 149.35
FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 61.11 FEET TO A SET 5/8"
REBAR PLS 1845; THENCE NORTH 77°31'04" EAST A DISTANCE OF 35.12 FEET TO A SET 5/8" REBAR PLS 1845;
THENCE SOUTH 12'55'10" EAST A DISTANCE OF 25.00 FEET TO THE CENTERLINE OF OLD FARMINGTON ROAD;
THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75°31'23" WEST A DISTANCE OF 177.51 FEET;
THENCE SOUTH 74°22'03" WEST A DISTANCE OF 130.27 FEET; THENCE SOUTH 72°52'14" WEST A DISTANCE
OF 113.60 FEET; THENCE SOUTH 65°11'04" WEST A DISTANCE OF 95.60 FEET; THENCE SOUTH 59°14'49"
WEST A DISTANCE OF 23.30 FEET; THENCE SOUTH 55°00'06" WEST A DISTANCE OF 181.95 FEET TO A FOUND
RAIL ROAD SPIKE; THENCE LEAVING THE CENTERLINE OF SAID ROAD NORTH 02°27'07" EAST A DISTANCE OF
781.12 FEET; THENCE SOUTH 87'03'11" EAST A DISTANCE OF 46.97 FEET TO A FOUND 1/2" REBAR;
THENCE NORTH 34°54'40" EAST A DISTANCE OF 449.93 FEET TO A FOUND PIPE; THENCE NORTH 17°37'47"
WEST A DISTANCE OF 309.10 FEET TO A 1/2" REBAR; THENCE SOUTH 87°11'19" EAST A DISTANCE OF 443.29
FEET TO THE POINT OF BEGINNING CONTAINING 20.40 ACRES OR 888,702 SQUARE FEET MORE OR LESS.
SUBJECT TO A NY EASEMENTS OR RIGHT-OF-WAYS OF RECORD OR FACT.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0252
Agenda Date: 4/19/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.5
RZN-2022-011 (3220 W. OLD FARMINGTON RD./STRICKLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-011 LOCATED AT 3220 WEST OLD FARMINGTON ROAD IN WARD 1 FOR
APPROXIMATELY 20.40 ACRES FROM RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER
ACRE 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-8, Residential Single Family, 8 Units Per Acre 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 412012022
City of Fayetteville Staff Review Form
2022-0252
Legistar File ID
4/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 3/18/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN, 557): Submitted by COMMUNITY BY
DESIGN, INC. for property located at 3220 W. OLD FARMINGTON RD in Ward 1. The property is zoned RSF-8,
RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately 20.40 acres. The request is to rezone
the properties 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 APRIL 5, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: March 18, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON RD./STRICKLIN,
557): Submitted by COMMUNITY BY DESIGN, INC. for property located at 3220
W. OLD FARMINGTON RD in Ward 1. The property is zoned RSF-8,
RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and contains approximately
20.40 acres. The request is to rezone the properties 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 located on the south slope of Millsap Mountain and north side of W. Old
Farmington Road. The property is the site of two recent development applications; a rezoning
(RZN-2021-000072) and a conditional use permit for a cluster housing development (CUP-2021-
000056) were approved in 2021. The site slopes rapidly downward from its northern boundary to
the two small ponds located roughly halfway to W. Old Farmington Road to the south. Between
these ponds and Old Farmington Road, the site becomes more level. Approximately six to seven
acres of the property's northern extent is designated as Hillside -Hilltop Overlay District in
association with the steep terrain and significant tree canopy present. Other site characteristics
include a protected, unnamed tributary of the Farmington Branch which runs parallel to the
western property line.
Request: The request is to rezone the property from RSF-8, Residential Single-family, Eight Units
per Acre to NC, Neighborhood Conservation. The applicant indicates in the request letter that the
purpose of the rezoning application is to create flexibility in the front setback requirement
associated with the development of the approved cluster housing development.
Public Comment: Staff has received inquiries about the proposal, but no comments in opposition
or support of the request.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Compatibility: The proposed zoning is compatible with the surrounding land use pattern
of the area. Zoning regulations for the existing RSF-8 and proposed NC district are similar but
vary in a few key aspects. The permitted uses of each district are identical, but the allowed
conditional uses differ. RSF-8 allows for Use Unit 5, Government Facilities which includes
City/County jails, courts, fire stations, libraries, post offices, and detention homes among its
allowed conditional uses where NC does not. Conditional uses in NC include Use Units 10, 25,
and 28, Three and Four -family Dwellings, Offices Studios and Related Service, and Centers for
Collecting Recyclable Materials, respectively. RSF-8 zoning limits density to eight units per acre,
requires 50-foot lot widths and 5,000 square feet minimum lot area. Conventional setbacks require
dwellings to be setback 15 feet in the front and 5 feet on the rear and sides. NC zoning has a 10
unit per -acre maximum density, with 40-foot lot widths and 4,000 square foot lots. Instead of a
front setback, NC has a 0-25-foot build -to zone. Side and rear setbacks are 5 feet or 12 feet in
the rear from the centerline of an alley, when applicable. Uses immediately adjacent to the subject
area are primarily single-family residences. An approved cluster housing development borders
the subject to the east and is under construction. Further away, but within a quarter mile, a wide
array of commercial and recreational uses would be easily accessible to potential residents.
Centennial Park, multiple grocery stores, various retail, restaurant, and institutional services can
be accessed along the W. Martin Luther King Jr. corridor. Staff finds the request to rezone to NC
would incrementally increase the permitted density to a degree that is appropriate given the
surrounding development and mix of uses.
Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use
policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is
designated as a Residential Neighborhood Area, which calls for a mix of housing types in
appropriate areas. While the single -use nature of the district may not be consistent with the aims
of the future land use designation, the single-family zoning district will help to ensure that
development of the site is of an appropriate scale and context with the adjoining properties. The
infill score of the site is moderate. The lowest scoring area follows the west end of the property,
near the protected stream and the highest scoring areas are located south near W. Old
Farmington Road. The property is located between two Tier 2 Centers; approximately a half -mile
to the east at 1-49 and W. Martin Luther King Jr. Boulevard and approximately three-quarters of a
mile to the west at S. Rupple Road and W. Martin Luther King Jr. Boulevard. Lastly, staff finds
the setbacks of the proposed NC zoning will create efficiencies in the development pattern of the
site. In particular, a build -to zone, in lieu of a traditional setback will require dwellings to address
the street and may afford more sensitive development of the property with respect to the terrain.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 4-7 attributes for this
site that may contribute to appropriate infill. The variance is largely due to the property's size and
depth extending from W. Old Farmington Road. The following elements of the matrix contribute
to the score:
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near Sewer Main (6-inch north of W. Old Farmington Road)
• Near Water Main (6-inch main north of W. Old Farmington Road)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
Near City Park (Centennial Park, Finger Park)
Near Paved Trail (Shiloh Trail)
Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
DISCUSSION:
At the March 14, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Canada made the motion and
Commissioner Sparkman seconded. Commissioner Winston noted that the existing and proposed
districts were similar in terms of use and density limitations but had significant bearing on
development patterns. No public comment was heard at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-000011
Close Up View
RSF
r
Hillside -Hilltop Overlay District
` Planning Area
r--
L _ I Fayetteville City Limits
Trail (Proposed)
Stricklin
Subject Property
RSF
Feet
0 75 150 300 450
1 inch = 200 feet
EXHIBIT 'A'
RZN-2022-000011
" RSF-18
WD
pN RO
RSF-4
-----------------
i
NORTH
Residential -Agricultural
RSF-2
RSF-4
RSF-8
RSF-18
. C-1
M c 2 600
Neighborhood Conservation
Commercial, Industrial, Residential
RZN-2022-000011
EXHIBIT 'B'
EXHIBIT #1 - SURVEY DESCRIPTION OF PROPERTY TO BE REZONED
A PART OF THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND PART OF THE
NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 19, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST (NE) CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF SAID SECTION 19; THENCE NORTH 87'11,19" WEST A DISTANCE OF
630.00 FEET TO A FOUND 1/2" REBAR BEING THE POINT OF BEGINNING; THENCE SOUTH 02'14'30" WEST A
DISTANCE OF 210.20 FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 87°23'03" EAST A DISTANCE OF 335.98
FEET TO A FOUND PIPE; THENCE SOUTH 02'08'53" WEST A DISTANCE OF 706.11 FEET TO A FOUND 1/2"
REBAR; THENCE SOUTH 76'53'45" WEST A DISTANCE OF 134.91 FEET TO A FOUND 1/2" REBAR; THENCE
NORTH 12'23'01" WEST A DISTANCE OF 95.39 FEET TO A FOUND 5/8" REBAR; THENCE SOUTH 75°37'04" WEST
A DISTANCE OF 92.11 FEET TO A FOUND PIPE; THENCE SOUTH 76°44'26" WEST A DISTANCE OF 213.75 FEET
TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 149.35 FEET TO A FOUND 149.35
FEET TO A FOUND 1/2" REBAR; THENCE SOUTH 23°14'52" EAST A DISTANCE OF 61.11 FEET TO A SET 5/8"
REBAR PLS 1845; THENCE NORTH 77'31'04" EAST A DISTANCE OF 35.12 FEET TO A SET 5/8" REBAR PLS 1845;
THENCE SOUTH 12°55'10" EAST A DISTANCE OF 25.00 FEET TO THE CENTERLINE OF OLD FARMINGTON ROAD;
THENCE ALONG THE CENTERLINE OF SAID ROAD SOUTH 75°31'23" WEST A DISTANCE OF 177.51 FEET;
THENCE SOUTH 74'22'03" WEST A DISTANCE OF 130.27 FEET; THENCE SOUTH 72'52'14" WEST A DISTANCE
OF 113.60 FEET; THENCE SOUTH 65°11'04" WEST A DISTANCE OF 95.60 FEET; THENCE SOUTH 59°14'49"
WEST A DISTANCE OF 23.30 FEET; THENCE SOUTH 55'00'06" WEST A DISTANCE OF 181.95 FEET TO A FOUND
RAIL ROAD SPIKE; THENCE LEAVING THE CENTERLINE OF SAID ROAD NORTH 02°27'07" EAST A DISTANCE OF
781.12 FEET; THENCE SOUTH 87'03'11" EAST A DISTANCE OF 46.97 FEET TO A FOUND 1/2" REBAR;
THENCE NORTH 34°54'40" EAST A DISTANCE OF 449.93 FEET TO A FOUND PIPE; THENCE NORTH 17°37'47"
WEST A DISTANCE OF 309.10 FEET TO A 1/2" REBAR; THENCE SOUTH 87°11'19" EAST A DISTANCE OF 443.29
FEET TO THE POINT OF BEGINNING CONTAINING 20.40 ACRES OR 888,702 SQUARE FEET MORE OR LESS.
SUBJECT TO A NY EASEMENTS OR RIGHT-OF-WAYS OF RECORD OR FACT.
1p".- -
TO:
THRU:
FROM:
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
MEETING DATE:
Fayetteville Planning Commission
Jessie Masters, Development Review Manager
Ryan Umberger, Senior Planner
March 14, 2022
SUBJECT: RZN-2022-000011: Rezone (3220 W. OLD FARMINGTON
RD./STRICKLIN, 557): Submitted by COMMUNITY BY DESIGN, INC. for
property located at 3220 W. OLD FARMINGTON RD. The property is
zoned RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE and
contains approximately 20.40 acres. The request is to rezone the
properties to NC, NEIGHBORHOOD CONSERVATION.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-000011 to the City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2022-000011 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located on the south slope of Millsap Mountain and north side of W. Old
Farmington Road. The property is the site of two recent development applications; a rezoning
(RZN-2021-000072) and a conditional use permit for a cluster housing development (CUP-2021-
000056) were approved in 2021. In term of its natural features, the site slopes rapidly downward
from its northern boundary to the two small ponds located roughly halfway to W. Old Farmington
Road to the south. Between these ponds and Old Farmington Road, the site becomes more level.
Approximately six to seven acres of the property's northern extent is designated as Hillside -Hilltop
Overlay District in association with the steep terrain and significant tree canopy present. Other
site characteristics include a protected, unnamed tributary of the Farmington Branch which runs
parallel to the western property line. Surrounding land use and zoning is depicted in Table 1.
Table 1 - Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-family Residential;
R-A, Residential -Agricultural;
Centennial Park
RSF-4, Residential Single-family, 4 Units per Acre
R-A, Residential -Agricultural;
South
Single-family Residential
R-PZD, Residential Planned Zoning District;
RSF-4, Residential Single-family, 4 Units per Acre
West
Undeveloped
R-A, Residential -Agricultural;
RSF-2, Residential Single-family, 2 Units per Acre
East
Single-family Residential
NC, Neighborhood Conservation
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 1 of 16
Request: The request is to rezone the property from RSF-8, Residential Single-family, Eight Units
per Acre to NC, Neighborhood Conservation. The applicant indicates in the request letter that the
purpose of the rezoning application is to create flexibility in the front setback requirement
associated with the development of the approved cluster housing development.
Public Comment: Staff has not received any public comment about the request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along W. Old Farmington Road. W. Old Farmington
Road 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 6-inch water main is
present on the north side of W. Old Farmington Road.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch water main is
present on the north side of W. Old Farmington Road.
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 6, located at 990 S. Hollywood Avenue, protects this site. The property is
located approximately 1.2 miles from the fire station with an anticipated drive time
of approximately 4 minutes using existing streets. The anticipated response time
would be approximately 6.2 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 portion of the subject area lies within the Hillside Hilltop Overlay District (HHOD),
a FEMA floodplain, has hydric soils, and a protected stream is present in the area.
A portion of the subject area is within the Hillside Hilltop Overlay District (HHOD).
The presence of the HHOD will apply additional restrictions at the time of
development. Engineered footing designs will be required at the time of building
permit submittal, as well as grading, erosion control and abbreviated tree
preservation plans.
The portion of the subject area within the FEMA floodplain will necessitate a
floodplain development review at the time of permit or plan submittal. This will
restrict the type of development and impact allowed in flood zones, and may
require additional documentation such as flood studies or elevation certificates
depending on the type of development. If a development impacts a floodplain,
those impacts may require review and approval from FEMA. Floodplain is present
through a slim depression that roughly follows the unnamed tributary of the
Farmington Branch near the west property line.
Hydric soils are also present on the subject property. They are a known indicator
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 2 of 16
of wetlands. However, for an area to be classified as wetlands, it may also need
other characteristics such as hydrophytes (plants that grow in water), and shallow
water during parts of the year. Hydric Soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It is important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Hydric soils are present throughout
the entirety of the subject property.
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the west side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Tree Preservation:
The proposed zoning district of NC,
minimum canopy preservation.
Residential Single-family, Eight
preservation.
Neighborhood Conservation requires 20%
The current zoning districts of RSF-8,
Units require 20% minimum canopy
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 4-7
for this site, with a weighted score of 8. The following elements of the matrix contribute to the
score:
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 3 of 16
• Adequate Fire Response (Station #6, 990 S. Hollywood Avenue)
• Near Sewer Main (6" north of W. Old Farmington Road)
• Near Water Main (6-inch main north of W. Old Farmington Road)
• Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Blvd.)
• Near City Park (Centennial Park, Finger Park)
• Near Paved Trail (Shiloh Trail)
• Razorback Transit Stop (Route 44, W. Martin Luther King Jr. Blvd.)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The proposed zoning is compatible with the
surrounding land use pattern of the area. Zoning regulations for the existing
RSF-8 and proposed NC district are similar but vary in a few key aspects.
The permitted uses of each district are identical, but the allowed conditional
uses differ. RSF-8 allows for Use Unit 5, Government Facilities which
includes City/County jails, courts, fire stations, libraries, post offices, and
detention homes among its allowed conditional uses where NC does not.
Conditional uses in NC include Use Units 10, 25, and 28, Three and Four -
family Dwellings, Offices Studios and Related Service, and Centers for
Collecting Recyclable Materials, respectively. RSF-8 zoning limits density to
eight units per acre, requires 50-foot lot widths and 5,000 square feet
minimum lot area. Conventional setbacks require dwellings to be setback 15
feet in the front and 5 feet on the rear and sides. NC zoning has a 10 unit per -
acre maximum density, with 40-foot lot widths and 4,000 square foot lots.
Instead of a front setback, NC has a 0-25-foot build -to zone. Side and rear
setbacks are 5 feet or 12 feet in the rear from the centerline of an alley, when
applicable. Uses immediately adjacent to the subject area are primarily
single-family residences. An approved cluster housing development borders
the subject to the east and is under construction. Further away, but within a
quarter mile, a wide array of commercial and recreational uses would be
easily accessible to potential residents. Centennial Park, multiple grocery
stores, various retail, restaurant, and institutional services can be accessed
along the W. Martin Luther King Jr. corridor. Staff finds the request to rezone
to NC would incrementally increase the permitted density to a degree that is
appropriate given the surrounding development and mix of uses.
Land Use Plan Analysis: Staff finds that the request is generally consistent
with adopted land use policies, the Future Land Use Map designation, and
goals of City Plan 2040. The subject area is designated as a Residential
Neighborhood Area, which calls for a mix of housing types in appropriate
areas. While the single -use nature of the district may not be consistent with
the aims of the future land use designation, the single-family zoning district
will help to ensure that development of the site is of an appropriate scale and
context with the adjoining properties. The infill score of the site is moderate.
The lowest scoring area follows the west end of the property, near the
protected stream and the highest scoring areas are located south near W.
Old Farmington Road. The property is located between two Tier 2 Centers;
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 4 of 16
approximately a half -mile to the east at 1-49 and W. Martin Luther King Jr.
Boulevard and approximately three-quarters of a mile to the west at S.
Rupple Road and W. Martin Luther King Jr. Boulevard. Lastly, staff finds the
setbacks of the proposed NC zoning will create efficiencies in the
development pattern of the site. In particular, a build -to zone, in lieu of a
traditional setback will require dwellings to address the street and may
afford more sensitive development of the property with respect to the terrain.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds a rezone from RSF-8 to NC is appropriate and justified for the
property. Rezoning to NC allows an incremental increase in residential
density to an area that is currently experiencing both growth and
development pressure and situated with convenient access to goods,
services, and amenities. Rezoning contributes to Goals 1, 2, and 4 of City
Plan 2040.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to NC is unlikely to appreciably increase traffic
beyond what is currently allowed. Vehicle traffic would likely access W.
Martin Luther King Jr. Boulevard at its intersection with S. One Mile Road
which is a signalized intersection. W. Martin Luther King Jr. Boulevard is a
Regional High -Activity Link Street which has a designed service volume of
17,600 vehicles per day. The intersection is within a half mile of the
interchange with 1-49. Any development to the site would require
improvements to the property's frontage along W. Old Farmington Road
which helps alleviate concern about traffic increases. The property's
location near retail services, recreational facilities, and a Razorback Transit
stop offers alternatives to vehicular transportation.
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 to NC is unlikely to appreciably increase the
population density at this location. The property currently has direct access
to sanitary sewer and water so staff finds an undesirable burden would not
be placed on 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
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 5 of 16
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-2022-000011 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
j Date: March 14, 2022 O Tabled O Forwarded O Denied
Notion:
ISecond:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.09 RSF-8, Residential Single-family, Eight Units per Acre
o §161.29 NC, Neighborhood Conservation
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 6 of 16
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
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 7 of 16
(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."
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 8 of 16
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
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.
(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
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 9 of 16
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
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 10 of 16
community.by.design
TOWN PLAN N INQ WROAN ENRIN FE R INQ
February 2, 2022
Via EnerGov
Mr. Ryan Umberger
Senior Planner
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: 3220 W. Old Farmington Road — Rezone Request
Submittal Package
Mr. Umberger,
As a representative of the owner of Washington County Parcel 765-14759-000, I respectfully request the City of
Fayetteville to approve an ordinance to rezone the subject properties from the existing zoning classification of RSF-8 to
the Neighborhood Conservation (NC) Zoning District. Please find the following documents required for processing the
rezoning request:
• One (1) copy of Exhibit #1 — Survey Description of Property to be Rezoned
• One (1) copy of Exhibit #2 — County Parcel Map
• One (1) copy of Exhibit #3 — Written Description of Request per City of Fayetteville Rezoning Application
• One (1) copy of a consent of owner form
The owner of the property is planning to develop the property in accordance with CUP 2021-00056. The primary reason
for the zoning change request is to create flexibility in the front setback requirement of the zoning code. The proposed
zoning is consistent with City Plan 2030. The Neighborhood Conservation (NC) Zoning District will encourage
development that is more in accordance with the long range planning goal of traditional town form.
Please let me know if you have any questions or if you need additional information in order to process this request.
Sincerely,
Brian Teague
Community By Design
100 West Center Street Suite 300
Fayetteville, *&Wi g7(%Lmission
479.790.�a�61a, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 11 of 16
EXHIBIT #3 - WRITTEN DESCRIPTION OF REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION
a. Current ownership information and any proposed or pending property sales.
The subject property is owned by Larry and Laurel Strickland. There are no proposed or pending property sales.
b. Reason (need) for requesting the zoning change.
The owner of the property is planning to develop the property in accordance with CUP 2021-000056. The primary reason
for the zoning change request is to create flexibility in the front setback requirement of the zoning code.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance,
and signage.
The proposed zoning district is compatible with adjacent properties and the neighborhood primarily by maintaining a
detached single- family house type when single family, two and three family or townhomes exists nearby, adjacent to, and
within the neighborhood.
The proposed zoning change will not have a measurable impact on vehicular traffic in the area.
d. Availability of water and sewer (state size of lines).
Water and Sewer is available. A 6" water main is accessible along Old Farmington Road. Another 8" water main is
accessible immediately to the east of the property. A 6" sewer main is accessible along Old Farmington Road. A 8" sewer
main is accessible immediately to the east of the property.
e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and
with land use and zoning plans.
The proposed zoning is consistent with City Plan 2030. The Neighborhood Conservation (NC) Zoning District will
encourage development that is in accordance with the principles of traditional town form.
The required build to zone associated with the NC Zoning District will encourage horizontal to vertical ratios of 2:1 in the
space created by the streets. The smaller, more intimate 2:1 space is likely preferred by most pedestrians. Vehicles
should travel significantly slower in this tighter space regardless of lane widths, making the space safer for pedestrians.
The more flexible front setback will allow for a more compact development area which could make possible more land
area for stream side and tree preservation.
f. Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed zoning is needed at this time in order to ensure development that is more in accordance with the principles
of traditional town form.
g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed zoning will not create or appreciably increase traffic danger or congestion.
h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public
services including schools, water, and sewer facilities.
The proposed zoning will not make possible more density on the property.
i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification.
The proposed zoning allows for the same uses permitted under the current zoning. The proposed zoning will encourage a
development form that is more in accordance with City Plan 2030.
Planning Commission
March 14, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 12 of 16
Agenda Item 7
RZN-22-000011 Stricklin
Page 13 of 16
Agenda Item 7
RZN-22-000011 Stricklin
Page 14 of 16
Agenda Item 7
RZN-22-000011 Stricklin
Page 15 of 16
RZN-2022-000011
Future Land Use
Residential
Neighborhood
Neighborhood Link
ri Regional Link - High Activity
— Unclassified
— Alley
— Residential Link
Planned Neighborhood Link
li Planning Area
— —2 Fayetteville City Limits
— — Trail (Proposed)
Stricklin
Civic and
Private
Open Space
City
Neighborhood
Feet
0 145 290 580
1:4,800
NORTH
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ti/
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,tEOR-SANDRA ST
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1 I ,I
I —
MARS N:ci6�-V� awn
870 1,160
J1Urban Center
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban Center Planning Co mission
4, 2022
Agenda Item 7
RZN-22-000011 Stricklin
Page 16 of 16
C]
•
NORTHWEST ARKANSAtS
1�m0� a��ette
P.C. 20.'/. ii b7. ; ;+'rF:iTEVILLF. nii. %Z:v2 • 'e'S-d 11.-)%i?0 •FAX: •179 ii?a 11;5 • th vr'JJ.h1lADL.CL /4
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 6558
Was inserted in the Regular Edition on:
April 24, 2022
Publication Charges: $85.12
—_Z&!:a= s
Brittany Smith
Subscribed and sworn to before me
This2S-day of �IA , 2022.
Notary Public �I�
My Commission Expires: L�ZI24k
**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: 6558
File Number 2022-0252
RZN-2022-011 (3220 W. OLD
FARMINGTON RD./STRICKLIN):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 22-011
LOCATED AT 3220 WEST OLD
FARMINGTON ROAD IN WARD I
FOR APPROXIMATELY 20.40
ACRES FROM RSF-8, RESIDENTIAL
SINGLE FAMILY, 8 UNITS PER
ACRE TO NC, NEIGHBORHOOD
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-
8, Residential Single Family, 8 Units Per
Acre to NC, Neighborhood
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section I.
PASSED and APPROVED on
4/192022
Approved:
Lioneld Jordan, Mayor
Katy Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $85.12.
755"923 Apr 24, 2022
