HomeMy WebLinkAboutOrdinance 6588RZN-2022-0022 3061 E SKILLERN RD
Close Up View
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Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
Planning Area
Fayetteville City Limits
P-1
RSF4
SKILLERN RD
Subject Property
IProposed
RSF-4
Feet
0 75 150 300
1:2,482
450 600
EXHIBIT 'A'
RZN-2022-0022
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Zoning Acres
RSF-4 2.99
Total 2.99
EXHIBIT'B'
RZN-2022-0022
PT SE NW 3A
FURTHER DESCRIBED FROM 2012-10608 AS:
Part of the Southeast Quarter (SEI/4)
of the Northwest Quarter (NWI/4) of
Section
Thirty one (31) in Township Seventeen
(17) North of Range Twenty-nine (29)
West,
described as follows, to -wit: Beginning
130 feet East and 30.34 feet South of
the
Northwest corner of said forty acre
tract in the center line of Public
Road, and running
thence South 646.14 feet, thence East
200 feet, thence North 660.66 feet,
thence Westerly
with the center -line of said road to
the point of beginning, containing
Three (3) acres,
more or less, Washington County,
Arkansas.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0553
Agenda Date: 8/2/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.2
RZN 22-022 (3061 EAST SKILLERN RD.BEARDEN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-022 LOCATED AT 3061 EAST SKILLERN ROAD IN WARD 3 FOR APPROXIMATELY 2.99
ACRES FROM R-A, RESIDENTIAL -AGRICULTURAL TO RSF-4, RESIDENTIAL SINGLE FAMILY,
4 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 R-A, Residential -Agricultural to RSF-4, Residential Single Family, 4 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 81312022
City of Fayetteville Staff Review Form
2022-0553
Legistar File ID
7/5/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/17/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0022: Rezoning (3061 E. SKILLERN RD./BEARDEN, 255): Submitted by DANIEL BEARDEN for property
located at 3061 E. SKILLERN RD. in WARD 3. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains
approximately 2.99 acres. The request is to rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 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 JULY 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: June 17, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0022: Rezoning (3061 E. SKILLERN RD./BEARDEN, 255):
Submitted by DANIEL BEARDEN for property located at 3061 E. SKILLERN RD.
in WARD 3. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and
contains approximately 2.99 acres. The request is to rezone the property to RSF-
4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE.
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 east Fayetteville approximately 0.10 miles east of the intersection of N.
Old Wire Road and N. Crossover Rd. The property is zoned R-A, Residential Agricultural and
contains approximately 2.99 acres. According to Washington County records, a roughly 1,897
square foot residence which was built in 1963 occupies the site. Tree canopy covers much of the
property, especially the southern half, and a roughly 6% grade is present, sloping from the east
property line, down towards the west property line. The property, however, does not lie within the
Hillside Hilltop Overlay District and neither hydric soils nor floodplain are present.
Request: The request is to rezone the property from R-A, Residential Agricultural to RSF-4,
Residential Single-family, 4 Units per Acre.
Public Comment: Staff has received a substantial number of inquiries and comments in opposition
to the rezoning request. Comments and questions have largely involved drainage and stormwater
runoff, bulk and area requirements in RSF-4 zoning, and density. Written comment in opposition
to the request is attached to the Planning Commission report herein. At the June 13th Planning
Commission meeting several neighbors spoke in opposition to the request. They reiterated
concerns about drainage, density, insufficient street infrastructure, and indicated a desire to see
a development plan.
Land Use Compatibility: Staff finds that the request is compatible with current surrounding land
uses. Staff finds the proposed RSF-4 zoning has setbacks, bulk and area, and use allowances
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
that are very compatible with the surrounding properties. Properties in the near vicinity are mostly
zoned RSF-4, Residential Single -Family, 4 Units per Acre. The Jackson Place subdivision,
adjoining immediately to the west, is a Residential Planned Zoning District which allows lots at a
size specified on an exhibit document and single-family uses that mirror the now -defunct R1
zoning district. These lots are generally about 90 feet wide and range from roughly 12,500 to
21,700 square feet in size. The subject property has roughly 130,244 square -feet of area and 200
feet of frontage onto E. Skillern Road. Under RSF-4 zoning, the property could be subdivided into
resultant lots with 8,000 square -feet in area and 70-foot widths. Should the property be
successfully rezoned, the lot could only be split to create two legal, conforming lots along E.
Skillern Road. Each resultant lot would have entitlements to be developed with one single-family
home and a customary accessory dwelling. In a maximum build -out scenario where a new public
street is not constructed, a total of four lots could potentially be created. Each conforming lot could
subdivide the rear of their property as a tandem lot. Tandem lots can only be created behind a
legal, conforming lot and cannot be located behind another tandem lot. Given the character of the
surrounding area and the current dimensions of the subject property staff finds the proposed
zoning to be compatible. Staff maintains this position with due consideration of the maximum
developable potential of the property.
Land Use Plan Analysis: Staff finds the request is generally consistent with adopted land use
policies, the Future Land Use Map, and the goals of City Plan 2040. This subject property is
designated as a Residential Neighborhood Area, which encourages a mix of housing types and
gridded street patterns. While the single -use nature of the proposed district is not generally
consistent with the aims of the future land use designation it helps to ensure that development of
the site is of an appropriate scale and context with the adjoining properties. Further, there is also
little, if any, opportunity for vehicular cross -connectivity to adjoining properties; suggesting that
RSF-4 better aligns with the City's goals, from an infill standpoint, than a district where more
diverse residential uses are allowed. Lastly, the infill score of the site is relatively low. The property
has access to essential City services including water, sanitary sewer, and adequate fire response
but lacks proximity to schools, groceries, and transit. Staff finds that access to these essential
services supports additional density, to a degree, but only an incremental increase is appropriate.
Finding that the proposed RSF-4 district represents only an incremental increase to zoning
entitlements, staff is supportive of the request.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 4-5 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #5, 2979 N. Crossover Rd.)
• Near Sewer Main (8" sewer main, E. Skillern Rd.)
• Near Water Main (4" water main, E. Skillern Rd.)
• Near City Park (Sweetbriar Park)
• Near Paved Trail (Niokaska Creek Trail)
DISCUSSION:
At the June 13, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Winston made the motion and
Commissioner Brink seconded. Commissioner Sparkman noted that the proposal was a land use
determination and agreed with the reasons established by staff in the report. Commissioner
Madden said she wanted the request to be represented honestly, including a discussion of the
conditional uses that would be allowed under the proposed zoning in addition to the permitted by -
right uses. Many neighbors offered public comment in opposition to the request at the meeting.
Their concerns involved issues with stormwater drainage, density, insufficient street
infrastructure, and indicated a desire to see a development plan.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0022
Close Up View
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3061 E SKILLERN RD
SOLD WIRE, RD--..L
RSF-4
SKILLERN RD
VSubject Property
----- - - - - ------ - - - - --
P-1
Regional Link
Neighborhood Link
Residential Link
Trail (Proposed)
r ' Planning Area 0 75 150
! _ _ Fayetteville City Limits
Proposed
RSF-4
Feet
300
1:2,482
450 600
O
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X
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00
Y
O
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00
S
UMMERSHADE pR—
NORTH Al
Zoning Acres
RSF-4 2.99
Total 2.99
PT SE NW 3A
FURTHER DESCRIBED FROM 2012-10608 AS:
Part of the Southeast Quarter (SEI/4)
of the Northwest Quarter (NWI/4) of
Section
Thirty one (31) in Township Seventeen
(17) North of Range Twenty-nine (29)
West,
described as follows, to -wit: Beginning
130 feet East and 30.34 feet South of
the
Northwest corner of said forty acre
tract in the center line of Public
Road, and running
thence South 646.14 feet, thence East
200 feet, thence North 660.66 feet,
thence Westerly
with the center -line of said road to
the point of beginning, containing
Three (3) acres,
more or less, Washington County,
Arkansas.
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: June 13, 2022
SUBJECT: RZN-2022-0022: Rezoning (3061 E. SKILLERN RD./BEARDEN, 255):
Submitted by DANIEL BEARDEN for property located at 3061 E.
SKILLERN RD. The property is zoned R-A, RESIDENTIAL -
AGRICULTURAL and contains approximately 2.99 acres. The request is to
rezone the property to RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0022 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0022 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville approximately 0.10 miles east of the intersection of N.
Old Wire Road and N. Crossover Rd. The property is zoned R-A, Residential Agricultural and
contains approximately 2.99 acres. According to Washington County records, a roughly 1,897
square foot residence which was built in 1963 occupies the site. Tree canopy covers much of the
property, especially the southern half, and a roughly 6% grade is present, sloping from the east
property line, down towards the west property line. The property, however, does not lie within the
Hillside Hilltop Overlay District and neither hydric soils nor floodplain are present. Surrounding
land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-FamilyResidential
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
Jackson Place RPZD
RPZD, Residential Planned Zoning District
Request: The request is to rezone the property from R-A, Residential Agricultural to RSF-4,
Residential Single-family, 4 Units per Acre.
Public Comment: Staff has received a substantial number of inquiries and comments on the
rezoning request. Comments and questions have largely involved drainage and stormwater
runoff, bulk and area requirements in RSF-4 zoning, and density. Written comment in opposition
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 1 of 18
to the request is attached herein.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along South side of E. Skillern Road. E. Skillern
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 4-inch water main is
present along the north side of E. Skillern Road.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present in the northwest corner 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 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 1.8 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: The property is not within the Hillside -Hilltop Overlay District. There are no
protected streams present in the subject area. No portion of the subject property
lies 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 RSF-4, Residential Single-family, 4 Units per Acre
requires 25% minimum canopy preservation. The current zoning district of R-A,
Residential Agricultural 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
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
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 2 of 18
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 4-5 for this
site, with a weighted score of 4.5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #5, 2979 N. Crossover Rd
• Near Sewer Main (8" sewer main, E. Skillern Rd.)
• Near Water Main (4" water main, E. Skillern Rd.)
• Near City Park (Sweetbrier Park)
• Near Paved Trail (Niokaska Creek Trail)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds that the request is compatible with
current surrounding land uses. Staff finds the proposed RSF-4 zoning has
setbacks, bulk and area, and use allowances that are very compatible with
the surrounding properties. Properties in the near vicinity are mostly zoned
RSF-4, Residential Single -Family, 4 Units per Acre. The Jackson Place
subdivision, adjoining immediately to the west, is a Residential Planned
Zoning District which allows lots at a size specified on an exhibit document
and single-family uses that mirror the now -defunct R1 zoning district. These
lots are generally about 90 feet wide and range from roughly 12,500 to 21,700
square feet in size. The subject property has roughly 130,244 square -feet of
area and 200 feet of frontage onto E. Skillern Road. Under RSF-4 zoning, the
property could be subdivided into resultant lots with 8,000 square -feet in
area and 70-foot widths. Should the property be successfully rezoned, the
lot could only be split to create two legal, conforming lots along E. Skillern
Road. Each resultant lot would have entitlements to be developed with one
single-family home and a customary accessory dwelling. In a maximum
build -out scenario where a new public street is not constructed, a total of
four lots could potentially be created. Each conforming lot could subdivide
the rear of their property as a tandem lot. Tandem lots can only be created
behind a legal, conforming lot and cannot be located behind another tandem
lot. Given the character of the surrounding area and the current dimensions
of the subject property staff finds the proposed zoning to be compatible.
Staff maintains this position with due consideration of the maximum
developable potential of the property.
Land Use Plan Analysis: Staff finds the request is generally consistent with
adopted land use policies, the Future Land Use Map, and the goals of City
Plan 2040. This subject property is designated as a Residential
Neighborhood Area, which encourages a mix of housing types and gridded
street patterns. While the single -use nature of the proposed district is not
generally consistent with the aims of the future land use designation it helps
to ensure that development of the site is of an appropriate scale and context
with the adjoining properties. Further, there is also little, if any, opportunity
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 3 of 18
for vehicular cross -connectivity to adjoining properties; suggesting that
RSF-4 better aligns with the City's goals, from an infill standpoint, than a
district where more diverse residential uses are allowed. Lastly, the infill
score of the site is relatively low. The property has access to essential City
services including water, sanitary sewer, and adequate fire response but
lacks proximity to schools, groceries, and transit. Staff finds that access to
these essential services supports additional density, to a degree, but only
an incremental increase is appropriate. Finding that the proposed RSF-4
district represents only an incremental increase to zoning entitlements, staff
is supportive of the request.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezone from R-A to RSF-4 is consistent with long-term land
use plans and aligns with City Plan 2040 as a Residential Neighborhood area,
therefore making this request justified from the city's perspective.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RSF-4 carries an associated potential to increase
the allowable density on the site. However, given the dimensions of the
subject property and the limited number of additional units that could be
created, staff does not find that this would negatively affect or appreciably
increase traffic danger or congestion at this site.
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: Staff finds that rezoning the property from R-A to RSF-4 would have a
negligible impact on the site in terms of population density and therefore
would not undesirably increase the load on existing public services.
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-2022-0022.
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 4 of 18
PLANNING COMMISSION ACTION: Required YES
Date: June 13, 2022
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
O Tabled O Forwarded
O Denied
Attachments:
• Unified Development Code:
o §161.03 District R-A, Residential Agricultural
o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 5 of 18
161.03 District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Outdoor Music Establishments
Unit 36
Wireless communications facilities
Unit 42
Clean technologies
(C) Density.
Units per acre I One-half '/2
(D) Bulk and Area Regulations.
Lot width minimum
200 feet
Lot Area Minimum:
Residential:
2 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Front I Side I Rear
35 feet 1 20 feet 1 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an
additional setback from any boundary line of an adjacent residential district. The amount of additional setback
for the portion of the building over one (1) story shall be equal to the difference between the total height of that
portion of the building and one (1) story.
(G) Building area. None.
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 6 of 18
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; 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
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 7 of 18
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
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 8 of 18
(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
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 9 of 18
To Whom it may concern,
I write to you today to request a Rezoning at 3061 E Skillern Rd.
Current Zoning: R-A, Res. Agricultural
Proposed Zone Change: RSF-4, Res. Single Family, 4 units per acre
The zone change would be consistent with the City Plan 2040 and the property is identified in
the Future Land Use Map as a Residential Neighborhood Area. Neighboring Properties on the
West & South sides of property are Residential Neighborhood Area's.
Thank you for your time and consideration.
Daniel Bearden
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 10 of 18
Umberger, Ryan
From: PetruconisFamily <srpconis@yahoo.com>
Sent: Tuesday, June 7, 2022 4:04 PM
To: Umberger, Ryan
Subject: 3061 Skillern Rd. Proposed Rezoning
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
My name is Stephen K. Petruconis, a resident of the Brookbury Crossing subdivision east of the 3061
Skillern Rd. property in Fayetteville, AR that will be considered for rezoning from the current
designation of Distract R-A to District RS-4 by the planning commission at its June 13th, 2022
meeting. I am writing to express my opposition to this rezoning request.
My opposition to this rezoning request centers on the small size (2.99 acres) of the property and the
potential to construct up to twelve single family residences on same. Because of the unknown
intent of the rezoning applicant I foresee the potential for the following issues that will
come to play if a congested plan is submitted:
1. Skillern Rd. is a heavily trafficked roadway Monday through Friday, especially so during the 8 a.m.
and 5 p.m. commute times. Traffic regularly backs up from the intersection of Old Wire and
Crossover Roads following traffic light changes at this intersection. Traffic frequently backs up
beyond the Brookbury Xing entrance and exit routes to the east on Skillern Rd. Adding a new
entry/exit lane onto Skillern at the 3061 address would add to the current problem.
2. Skillern Rd. is currently only 22 feet wide at the address of this property, 11 feet in the east and
west lanes preventing vehicular traffic from passing walkers and bicycle riders, usually
delaying traffic. Adding a new entry/exit lane onto Skillern at this address
would compound the issue. It is my understanding that Skillern Rd. is planned for
widening by the city in the near future.
3. The new neighborhood roadway would likely require a turn around circle at the south end of the
roadway for school buses, fire department vehicles and larger truck traffic to exit the new
development. This would likely limit development density.
4. The extensive removal of trees to develop the new neighborhood and the additional
rooftop and driveway surface additions would greatly reduce natural water soil absorption and likely
affect east to west drainage onto the Arcadiana neighborhood properties.
5. Fayetteville currently has an east/west bike trail planned for the south side of Skillern Rd. This
trail would necessarily require twelve feet of additional frontage road property, would
reduce the developmental acreage available for development, and would likely add to
development entry/exit access to Skillern Rd.
1 Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 11 of 18
Ryan, thank you for your assistance in helping me understand the review process and answering my
questions regarding developmental plan submittal. You have been very helpful and are very much
appreciated.
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 12 of 18
Umberger, Ryan
From: Amber Evins <amberevins03@gmail.com>
Sent: Tuesday, June 7, 2022 10:30 PM
To: Umberger, Ryan
Subject: Rezoning the 3 acre property 3061 Skillern Road
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
I am worried about drainage issues if this property is develop. We have horrible drainage issues on Summershade Drive.
I live on Summershade drive in Brookbury subdivision.
I feel like this needs to be addressed and researched before the land is rezoned.
Thank you,
Amber Evins
Sent from my iPhone
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 13 of 18
Umberger, Ryan
From: Meggan Bell <megganbell1 @gmail.com>
Sent: Wednesday, June 8, 2022 9:35 PM
To: Umberger, Ryan
Subject: Rezoning of 3163 Skillern Rd
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
My family lives in Brookbury near the 3163 Skillern Rd property that the buyer wants to rezone to RSF-4. I think this
zoning allows too many houses in that area due to our current road situation and flooding issues along the stream /
creek through Brookbury.
Traffic - Currently traffic is already a major issue in the mornings leaving our neighborhood in the mornings. Cars are
backed up daily to at least the Savanna neighborhood and sometimes farther than that due to the influx of homes to our
east. 12 homes could potentially add approx 24 more cars which is excessive / 2 homes would add approx 4 more which
is reasonable
Flooding - More roofs when it rains add to our already taxed stream / creek area. Each spring and sometimes in the fall
our neighbors along the creek experience flooding. Neighbors have had their fences washed out and water inches from
their homes. We understand that the city is trying to get funding to redo at least one of our creek sections soon to help
the flow but even with that improvement adding more roofs will add more water to this area. The water from these
homes will add to the water that gets backed up going under the bridge before crossover.
Jackson Place was added as a planned community with I believe RSF-4 zoning but it was closer to crossover and there
was not as much traffic cutting through on Skillern as there is now from the east.
Meggan & Scott Bell
2757 N Brookbury Xing
Fayetteville, AR 72703
479-422-6548
Planning Commission
June 13, 2022
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 14 of 18
RZN-2022-0022 3061 E SKILLERN RD
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Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 15 of 18
RZN-2022-0022
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June 13, 2022
Item 10
RZN-2022-0022 (BEARDEN)
Page 16 of 18
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 17 of 18
RZN-2022-0022
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Planning Commis
Agenda Item 10
RZN-2022-0022 (BEARDEN)
Page 18 of 18
Umberger, Ryan
From: Erin Combs <erincombs2@gmail.com>
Sent: Sunday, June 12, 2022 1:56 PM
To: Pugh, Alan; Umberger, Ryan
Subject: RZN-2022-0022
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello,
I am writing in reference to the rezoning request for the property located at 3061 E. Skillern Road. We live at 2957 N.
Acadiana Ct, which is on the west side of the street adjacent to this property. We are very concerned about how
rezoning this property would impact stormwater runoff for our street as a whole and for our property in
particular. There are stormwater conduits located directly in front of our house. These conduits converge across the
street and lead under our sidewalk and mailbox. The conduit then runs along our east boundary and turns and runs the
length of our northern property line to a stormwater basin located directly west of our property. The stormwater basin
drains into Flynn Creek. The intense storms over the past several months have filled the basin completely several times
and water has reached very close to our property line. The stormwater conduit manhole cover on the north side of our
house was displaced due to the volume of water during a severe storm in May.
The rezoning and development of the property at 3061 E. Skillern Road could lead to additional surface water runoff and
greater flooding potential for not only our property but that of all the homes on the west side of North Acadiana Court.
The public hearing notice for this property indicates a meeting date of June 13. A neighbor that inquired about this issue
was given a date of July 5th. Can you verify when this issue will be addressed by the Planning Commission? I realize this
email may be late if the issue will be heard on June 13th, but we would like for our concerns to be included with the staff
report if possible.
Thank you,
Erin and John Combs
2957 N. Acadiana Ct.
601-520-0498
Umberger, Ryan
From:
Audrey Laughlin <audreyd08@gmail.com>
Sent:
Sunday, June 12, 2022 6:28 PM
To:
Pugh, Alan; Umberger, Ryan
Cc:
Justin Michael
Subject:
Skillern Property - RZN-2022-0022
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Hello,
This is in regards to the rezoning request for the property located at 3061 E. Skillern Road. My husband, 2 kids (ages 3
and 1) and I live at 2969 N. Acadiana Ct, near the property on Skillern. We are very concerned about how rezoning this
property would impact stormwater basin that backs up to our backyard, which has already overflowed in recent months
with its current capacity. We have spoken with our neighbors across the street that have major flood problems when
there is hard rain due to flooding coming from the Skillern property. Our next -door neighbors, the Combs, also saw the
manhole cover that is between our homes was floated out of place after the recent rains in May, which is a serious
concern for us with our small children. Because of these concerns, we ask that the request be denied or that the
developer be required to build their own storm basin.
Thank you,
Justin and Audrey Laughlin
2969 N Acadiana Court
Fayetteville, AR 72703
4173920117
Audrey Laughlin
Umberger, Ryan
From: Calvin White Jr. <calvinwh@uark.edu>
Sent: Monday, June 13, 2022 9:21 AM
To: Umberger, Ryan
Cc: Shatara D. Porchia-White
Subject: RZN-2022-0022
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Ryan,
Good morning, and I hope all is well. I again want to thank you for talking the time to speak with me about runoff -
flooding issues that I and several of my neighbors current experience because of our homes on Acadiana CT backing up
to a property on Skillian Road. After a storm or heavy rain, runoff water can run for days from the property through our
back yards to the front onto the sidewalk which, after a while allow for algae to grow on the sidewalk that becomes slick
and dangerous to walk on. As a result, the homes facing east on Acadiana CT back and side yards are washed out most
of the year. Additionally, we have spent money on French drains with little to no success. Our fear is that the new
development/rezoning request currently under consideration will further exacerbate the problem. Thus, we are asking
for your help in solving the drainage issues with the property in question. Major infrastructure for drainage must be
required for this proposed building project.
Best,
C. White, Jr.
Umberger, Ryan
From: Kristen Taylor <khenrytaylor@gmail.com>
Sent: Monday, June 13, 2022 12:03 PM
To: Umberger, Ryan; Pugh, Alan
Subject: RZN-2022-022 concerns
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
> To the Planning Commission:
> I am writing to express my concerns about the rezoning request that is before the commission tonight, June 13th, for
the property located at 3061 E. Skillern Road.
> I live at 2991 N. Acadiana Ct, in Jackson Place, a neighborhood that boarders the proposed new development on the
west side. The storm drainage system drains directly into the land in my back yard, just past my property line, and then
into the creek beyond. My back yard can be seen on the right from Old Wire if you're driving by toward Skillern. I am the
first house on the right of Acadiana. I am very concerned about how rezoning this property would impact stormwater
runoff for our street, or neighborhood, and my property in particular. I am currently facing having to remove a row of
trees that were planted along my property line prior to my purchase of the home, as they are dead / dying due to root
rot from the ground water / drainage issues. I have had a tree service working on them for over a year and ultimately
they've determined that root rot is what is killing them. I worry that the rezoning and development of the property at
3061 E. Skillern Road could lead to additional surface water runoff and greater flooding potential.
> I am unable to attend the public hearing on June 13 but would like my concerns to be included for the commissions
consideration.
> Sincerely,
> Kristen H. Taylor
> (479) 236-9866
> 2991 N. Acadiana Ct.
> Fayetteville, AR 72703