HomeMy WebLinkAboutOrdinance 6568RZN-2022-0018 Martens EXHIBIT 'A'
Close Up View RZN-2022-0018
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EXHIBIT 'B'
RZN-2022-0018
ADJUSTED TRACT A PARCEL #765-14396-010 #765-14413-000 & #765-14395-001:
A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT WHICH
IS N87°07'36'W 416.54' FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE ALONG SAID
SOUTH LINE N87°07'36"W 219.43', THENCE LEAVING SAID SOUTH LINE N01°05'43"W 166.06' TO AN
EXISTING REBAR, THENCE N00°53'21"W 41.13' TO AN EXISTING REBAR, THENCE S87°33'00"E 25.78',
S25°42`04"W 43.13' TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES MORE OR LESS. SUBJECT
TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN
DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMETNS AND RIGHTS -OF -WAY OF REOCRD.
ADJUSTED TRACT B PARCEL #765-14414-000
A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT AND
RUNNING THENCE ALONG THE SOUTH LINE THEREOF N87°07'36"W 416.54', THENCE LEAVING SAID
SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING:
N25°42'04"E 43.13', N05-40'33"W25.78', N12°36'01"E 27.91'. N01°51'26"E 28.45', N38°33'22"E 53.92',
N26°17'21"E 39.73, N00°10'17"W 6.23, THENCE LEAVING SAID DITCH CENTERLINE S87°14'44"E 347.78'
TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID EAST LINE
S01°34'12"W 208.45' TO THE PONIT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. SUBJECT
TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN
DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER 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: 2022-0400
Agenda Date: 5/17/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
RZN 2022-018 (1320 E. HUNTSVILLE RDJ MARTENS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-018 LOCATED AT 1320 EAST HUNTSVILLE ROAD IN WARD 1 FOR APPROXIMATELY 1.20
ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 511812022
City of Fayetteville Staff Review Form
2022-0400
Legistar File ID
5/17/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 4/29/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RD./ MARTENS, S2S): Submitted by DAWN MARTENS for property
located at 1320 E. HUNTSVILLE RD in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE and contains approx. 1.20 acres. The request is to rezone the property to RI-U, Residential Intermediate -
Urban.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF MAY 17, 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: April 29, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RDJ MARTENS, 525):
Submitted by DAWN MARTENS for property located at 1320 E. HUNTSVILLE RD.
The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER
ACRE and contains approx. 1.20 acres. The request is to rezone the property to
RI-U, Residential Intermediate -Urban.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is in south Fayetteville and is approximately 0.30 miles to the west of E.
Huntsville Road's intersection with S. Happy Hollow Road. The property encompasses
approximately 1.20 acres and is currently developed with a single-family home and three
associated outbuildings. Washington County records indicate the home was constructed in 1885.
A prominent feature of the site is its steep topography. The property slopes from a high point near
the northwest corner of the property, down towards E. Huntsville Road at a roughly 17% grade.
The west half of the property lies within the Hillside -Hilltop Overlay District.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility: The surrounding property includes four -family dwellings to the northeast,
single-family dwellings to the east and west, and mixed -uses and densities to the south, across
E. Huntsville Road. Based, in part, on the surrounding mix of residential densities, staff finds the
request to rezone this area from RSF-4 to RI-U is compatible. Rezoning to RI-U would permit a
variety of housing types, ranging from single- up to four -family dwellings by -right. The inclusion of
a build -to -zone with the RI-U zoning district also requires that buildings be placed closer to E.
Huntsville Road, promoting walkability and pedestrian friendliness. Given the slope of the site to
the north, staff does not find that 3-story buildings would be out of scale with the surrounding
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
context, nor would the rezoning allow structures to be built at a greater height than what is allowed
in the current RSF-4 zoning district. The request to rezone represents an incremental change that
aligns with a broader trend along E. Huntsville Road. Recent rezoning requests in the near vicinity
have consistently transitioned zoning entitlements to allow for more intense and diverse
development. Immediately adjoining the property to the east and west are single-family
residences. Properties in the near vicinity though are zoned RI-U, NS-G, Neighborhood Services -
General and CS, Community Services which creates opportunities for redevelopment including a
variety of residential densities and non-residential services in the area. Staff finds that rezoning
to allow for additional, compatible housing positively contributes to redevelopment along the
corridor.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a
Residential Neighborhood Area, which indicates an intent for incrementally dense residential in
close, connected proximity to commercial and neighborhood services. While the infill score is
moderate, this zoning request has the potential to meet City Plan 2040 goals 1, 2, and 6, by
bringing additional residential dwellings to a location that is within a one -mile radius of the City's
center. Rezoning prioritizes redevelopment of an infill site rather than contributing to suburban
sprawl, creates opportunities for diverse and attainable housing, and promotes development that
is connected to non-residential services.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5-6 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (6" sewer main, E. Huntsville Road)
• Near Water Main (8" water main, E. Huntsville Road)
• Near City Park (Doc Mashburn Park)
• Near Paved Trail (E. Huntsville Road. Side -Path Trail)
• Near ORT Bus Stop (ORT Route 20)
DISCUSSION:
At the April 25, 2022, Planning Commission meeting, a vote of 9-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Garlock made the motion and
Commissioner Winston seconded. Commissioner Garlock noted that he agreed with the reasons
established by staff in the report. Commissioner Madden said she supported the rezoning and
appreciated gaining a further understanding of access management requirements and expressed
a hope to explore a mechanism to further require cross -access between adjoining developments.
Commissioner Brink agreed and encouraged the Commission to be cognizant of future
development that may require additional curb cuts. No public comment was heard at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0018
Martens
Close Up View
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Zoning
Acres
Neighborhood Link
Unclassified
RW
1.2
Residential Link
Hillside -Hilltop Overlay District Feet
— — — Trail (Proposed)
0 75 150 300 450
600
r ; Planning Area
�_ _ Fayetteville City Limits
1 .2,400
Total
1.2
ADJUSTED TRACT A (PARCEL #765-14396-010, #765-14413-000 & #765-14395-001:
A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT WHICH
IS N87°07'36'W 416.54' FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE ALONG SAID
SOUTH LINE N87°07'36"W 219.43', THENCE LEAVING SAID SOUTH LINE N01°05'43"W 166.06, TO AN
EXISTING REBAR, THENCE N00°53'21"W 41.13' TO AN EXISTING REBAR, THENCE S87°33'00"E 25.78',
S25°42'04"W 43.13' TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES MORE OR LESS. SUBJECT
TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN
DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMETNS AND RIGHTS -OF -WAY OF REOCRD.
ADJUSTED TRACT B (PARCEL #765-14414-000)
A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16
NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT AND
RUNNING THENCE ALONG THE SOUTH LINE THEREOF N87°07'36"W 416.54', THENCE LEAVING SAID
SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING:
N25°42'04"E 43.13', N05°40'33"W25.78', N12°36'01"E 27.91'. N01°51'26"E 28.45', N38°33'22"E 53.92',
N26°17'21"E 39.73, N00°10'17"W 6.23, THENCE LEAVING SAID DITCH CENTERLINE S87°14'44"E 347.78'
TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID EAST LINE
S01°34'12"W 208.45' TO THE PONIT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. SUBJECT
TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN
DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: April 25, 2022
SUBJECT: RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RD./ MARTENS, 525):
Submitted by DAWN MARTENS for property located at 1320 E.
HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and contains approx. 1.20 acres. The
request is to rezone the property to RI-U, Residential Intermediate -Urban.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0018 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0018 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville and is approximately 0.30 miles to the west of E.
Huntsville Road's intersection with S. Happy Hollow Road. The property encompasses
approximately 1.20 acres and is currently developed with a single-family home and three
associated outbuildings. Washington County records indicate the home was constructed in 1885.
A prominent feature of the site is its steep topography. The property slopes from a high point near
the northwest corner of the property, down towards E. Huntsville Road at a roughly 17% grade.
The west half of the property lies within the Hillside -Hilltop Overlay District. Surrounding land uses
and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Four -Family Residential/Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre/
RMF-24, Residential Multi -Family, 24 Units per Acre
South
Two -Family Residential/Office
RMF-24, Residential Multi -Family, 24 Units per Acre/
R-O, Residential Office
East
Sinqle-Family Residential
RI-U, Residential Intermediate -Urban
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along E. Huntsville Road. E. Huntsville Road is a
partially -improved Neighborhood Link Street with asphalt paving and open ditches.
Any street improvements required in these areas would be determined at the time
of development proposal.
Water: Public water is available to the subject area. An existing 8-inch water main is
present on the north side of E. Huntsville Road.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present on the south side of E. Huntsville Road. Another existing 6-inch
sanitary sewer main is present along the east side of the subject property.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 3, located at 1050 S. Happy Hollow protects this site. The property is
located approximately 0.5 miles from the fire station with an anticipated drive time
of approximately 1 minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: A small portion of the property in the northeast corner lies within the Hillside -Hilltop
Overlay District. Additional restrictions will apply at the time of development.
Engineered footing designs will be required at the time of building permit submittal,
as well as grading, erosion control and abbreviated tree preservation plans.
There are no protected streams present in the subject area, not does any of the
subject property lie within a FEMA floodplain, nor are there any hydric soils present
on the site. Any additional improvements or requirements for drainage will be
determined at time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate - Urban requires
15% minimum canopy preservation. The current zoning district of RSF-4,
Residential Single -Family, 4 Units per Acre requires 25% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 2 of 14
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5-6 for this
site, with a weighted score of 6.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road)
• Near Sewer Main (6" sewer main, E. Huntsville Road)
• Near Water Main (8" water main, E. Huntsville Road)
• Near City Park (Doc Mashburn Park)
• Near Paved Trail (E. Huntsville Road. Side -Path Trail)
• Near ORT Bus Stop (ORT Route 20)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: The surrounding property includes four -family
dwellings to the northeast, single-family dwellings to the east and west, and
mixed -uses and densities to the south, across E. Huntsville Road. Based, in
part, on the surrounding mix of residential densities, staff finds the request
to rezone this area from RSF-4 to RI-U is compatible. Rezoning to RI-U would
permit a variety of housing types, ranging from single- up to four -family
dwellings by -right. The inclusion of a build -to -zone with the RI-U zoning
district also requires that buildings be placed closer to E. Huntsville Road,
promoting walkability and pedestrian friendliness. Given the slope of the site
to the north, staff does not find that 3-story buildings would be out of scale
with the surrounding context, nor would the rezoning allow structures to be
built at a greater height than what is allowed in the current RSF-4 zoning
district. The request to rezone represents an incremental change that aligns
with a broader trend along E. Huntsville Road. Recent rezoning requests in
the near vicinity have consistently transitioned zoning entitlements to allow
for more intense and diverse development. Immediately adjoining the
property to the east and west are single-family residences. Properties in the
near vicinity though are zoned RI-U, NS-G, Neighborhood Services -General
and CS, Community Services which creates opportunities for redevelopment
including a variety of residential densities and non-residential services in the
area. Staff finds that rezoning to allow for additional, compatible housing
positively contributes to redevelopment along the corridor.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a Residential Neighborhood
Area, which indicates an intent for incrementally dense residential in close,
connected proximity to commercial and neighborhood services. While the
infill score is moderate, this zoning request has the potential to meet City
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 3 of 14
Plan 2040 goals 1, 2, and 6, by bringing additional residential dwellings to a
location that is within a one -mile radius of the City's center. Rezoning
prioritizes redevelopment of an infill site rather than contributing to
suburban sprawl, creates opportunities for diverse and attainable housing,
and promotes development that is connected to non-residential services.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RSF-4 to RI-U is justified to bring incremental density to the
site while aligning with the future land use map designation as a Residential
Neighborhood Area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RI-U has the potential to increase traffic
generated from the location. Under the current zoning district, the
development potential is limited to 4 units per acre; RI-U does not have a
density limitation. Regardless, staff finds the 1.20 acre lot area will serve to
limit the amount of additional traffic to a level that is safe and appropriate.
This finding takes into consideration the City's access management
requirements which require driveways to be separated 100-feet from
intersections and other driveways for two-, three-, and multi -family
developments. Access management standards also prohibit individual curb
cuts for single-family dwellings by requiring shared access between two or
more lots on Neighborhood Link Streets. RI-U zoning also has a build -to
requirement which restricts parking and access needs to the rear of the
property.
Conversely, E. Hunstville Road, classified as a Neighborhood Link Street,
has a designed service volume of 6,000 vehicles per day. An ArDOT Average
Annual Daily Traffic count taken roughly 1/4 mile to the west of the site
estimated 15,000 vehicle trips in 2021. There were five automotive crashes
along this property's frontage from 2015 to 2019, and a multitude more at the
intersection of E. Huntsville Road and S. Curtis Avenue roughly 100 feet to
the east. Subsequent development proposals would be analyzed for
stopping site distance, and any required street improvements would also be
evaluated at the time of a development proposal.
On the balance of considerations, staff finds the modest size of the subject
property will limit the increase vehicle congestion or danger to an
unnoticeable degree. Nearby access to trails and transit stops also offer
alternative modes that would help to offset traffic effects associated with an
increase to the number of dwelling units at this location.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 to RI-U has the capacity to increase the
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 4 of 14
population density at this location. Staff finds that limitations such as the
property's size, residential parking requirements, and other tree
preservation requirements would prevent the increase in density from
becoming undesirable. Water and sewer are also available at this location,
negating the need to extend or improve services, and E. Huntsville Road's
designation as a Neighborhood Link Street could likely support the
additional density. The Fayetteville Public School District did not comment
on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
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-2022-0018.
PLANNING COMMISSION ACTION: Required YES
Date: April 25, 2022
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
Attachments:
O Tabled O Forwarded
O Denied
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.12 District RI-U, Residential Intermediate — Urban
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 5 of 14
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.
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 6 of 14
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 7 of 14
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 8 of 14
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 9 of 14
I am requesting to change the zoning of my property at 1320 E Huntsville Rd. from RSF-4 to RI-
U. I'm making this request to be compatible with the current development trends in my rapidly
developing neighborhood in South Fayetteville. There are many single two and three family
dwellings as well as apartments in my immediate area. The lot adjoining mine to the east was
recently upgraded to RI-U zoning.
Thank you
Dawn Martens
Planning Commission
April 25, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 10 of 14
Agenda Item 9
RZN-2022-0018 (Martens)
Page 11 of 14
RZN-2022-0018
Close Up View
■
Neighborhood Link
Unclassified
Residential Link
Hillside -Hilltop Overlay District
— — — Trail (Proposed)
r _ Planning Area
Fayetteville City Limits
RSF=4
Martens
_ SE UOYAW
Subject Property
J RI-U I
HUNTSVILL&RD
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ti
x
m
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NORTH
Zoning Acres
RI-U 1.2
Total 1.2
Planning Corimission
A 01 5, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 12 of 14
Agenda Item 9
RZN-2022-0018 (Martens)
Page 13 of 14
RZN-2022-0018
Future Land Use
Martens
ORTH
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Neighborhood gig
i
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Subject Property r
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City Neighborhood
Neighborhood Link
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Unclassified Civic and Private Open Space
Industrial
Residential Link
Feet Natural
r ' Planning Area Non -Municipal Government
0 145 290 580 870 1,160 Residential Neighborhood
- Fayetteville City Limits
Rural Residential
- - - Trail (Proposed) 1 :4,800 Urban Center
Planning Co mission
5, 2022
Agenda Item 9
RZN-2022-0018 (Martens)
Page 14 of 14
�. •
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 6568
Was inserted in the Regular Edition on:
May 22, 2022
Publication Charges: $85.12
r
Brittany Smith
Subscribed and sworn to before me
This �3day of ,L(tac� , 2022.
&�� (.)jLL
Notary Public
My Commission Expires: 2 W Z4
**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:6568
File Number: 2022-0400
RZN 2022-018 (1320 E. HUNTSVILLE
RDJ MARTENS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION RZN 22-018
LOCATED AT 1320 EAST
HUNTSVILLE ROAD IN WARD I
FOR APPROXIMATELY 1.20 ACRES
FROM RSF4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER
ACRE TO RI-U, RESIDENTIAL
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the
City of Fayetteville, Arkansas hereby
changes the zone classification of the
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Department's Agenda Memo from RSF-
4, Residential Single Family, 4 Units Per
Acre to RI-U, Residential Intermediate -
Urban.
Section 2: That the City Council of the
City of Fayetteville, Arkansas hereby
amends the official zoning map of the
City of Fayetteville to reflect the zoning
change provided in Section 1.
PASSED and APPROVED on
5/17/2022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $85.12
75555946 May 22,2022