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HomeMy WebLinkAboutOrdinance 6594RZN-2022-0025 507 S CHURCH AVE RZN-2022-0025
Close Up View I EXHIBIT 'A'
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MARTIN LUTHER
KING JR BLVD
SOUTH ST
TH STD 1
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C-2 1 011>
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Neighborhood Link Zoning Acres
Regional Link - High Activity
DG 0.17
Urban Center
Residential Link Feet
Design Overlay District
Planning Area 0 75 150 300 450 600
Fayetteville City Limits 1 :2,482 Total 0.17
RZN-2022-0025
EXHIBITS'
REZONE DESCRIPTION:
LOT 1 OF BLOCK 27 OF THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE AS RECORDED IN PLAT
BOOK 4 AT PAGE 204 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. ALSO DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE SE CORNER OF SAID LOT 1 OF BLOCK 27 OF THE JENNINGS
ADDITION, BEING ON THE WEST RIGHT-OF-WAY LINE OF S. CHURCH AVENUE (40'R/W); THENCE ALONG
THE SOUTH LINE OF SAID LOT 27 N87°40'34"W 140.66 FEET TO AN IRON PIN FOUND AT THE SW CORNER
OF SAID LOT 27; THENCE NO2'20'30"E 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF W. 5TH STREET
(40'R/W); THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87°40'34"E 140.78 FEET TO THE WEST
RIGHT-OF-WAY LINE OF SAID S. CHURCH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE
S02°29'06"W 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7036 SQUARE FEET OR 0.16 ACRES,
MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0595
Agenda Date: 8/16/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
RZN 22-025 (507 S. CHURCH AVE.):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-025 LOCATED AT 507 SOUTH CHURCH AVENUE IN WARD 1 FOR APPROXIMATELY 0.17
ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 811812022
City of Fayetteville Staff Review Form
2022-0595
Legistar File ID
7/19/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/1/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0025: Rezone (507 S. CHURCH AVE./EDA, 523): Submitted by EARTHPLAN DESIGN ALTERNATIVES for
property located at 507 S. CHURCH AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION
and contains approximately 0.17 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL.
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
%PF ARKANSAS
MEETING OF JULY 19, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: July 1, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0025: Rezone (507 S. CHURCH AVE./EDA, 523): Submitted by
EARTHPLAN DESIGN ALTERNATIVES for property located at 507 S. CHURCH
AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION
and contains approximately 0.17 acres. The request is to rezone the property to
DG, DOWNTOWN GENERAL.
RECOMMENDATION:
City Planning staff recommend approval of a request to rezone the subject property as described
and shown in the attached Exhibits `A' and 'B'. The Planning Commission recommend approval
to rezone the subject property to RI-U, Residential Intermediate -Urban.
BACKGROUND:
The subject property is in south Fayetteville on the west side of Church Avenue, roughly halfway
between the street's intersections with Martin Luther King Jr. Boulevard and Archibald Yell
Boulevard. The property contains one parcel totaling 0.17 acres which is currently developed with
one single-family dwelling which Washington County records indicate was built in 1940. The
property lies within 71 B Corridor Plan and Walker Park Master Plan areas, and it received its
current zoning designation of NC, Neighborhood Conservation, as a result of the latter plan.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to
DG, Downtown General. The applicant shared in their request letter that the rezoning will allow
for a fourplex development that will be linked with the property to the west.
Public Comment: Staff received no public comment on this item.
Land Use Compatibility: Staff finds the proposed zoning to be compatible with the existing nearby
land uses. The DG, Downtown General zoning district is intended to provide a flexible and
dynamic range of uses, from public open spaces to less intense residential development and
businesses. Properties zoned DG are typically not identifiable centers yet are more intense than
properties that are zoned NC, Neighborhood Conservation. The subject property is currently
zoned NC and situated in a residential neighborhood that primarily consists of single-family
dwellings, though there are some multi -family dwellings and commercial uses nearby. While the
property is primarily oriented towards single-family dwellings, a rezoning to DG could allow for
higher density residential development or small-scale nonresidential development that would
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
serve as an incremental transition between surrounding land uses. The property itself is relatively
small and located mid -block with public right-of-way platted to the north of it. Essential City
services like water and sewer are available to the site, and other public amenities are located
close by. Given the size of the site, its proximity to public services and amenities, and the
availability of public right-of-way, staff finds the proposed rezoning to be appropriate in this
instance.
Land Use Plan Analysis: Staff finds the proposed zoning to be generally consistent with the City's
land use plans and policies. The proposed zoning complements the property's Future Land Use
Map designation as a Residential Neighborhood area since it would support a wide variety of
housing types of appropriate scale and context, incorporating low -intensity nonresidential uses
intended to serve the surrounding neighborhood. Regarding City Plan 2040, rezoning to DG could
support several goals within the plan by encouraging appropriate infill development. While the
current NC zoning is intended to encourage low -density, single-family residential development,
DG allows higher -density development that could bridge the gap between 5th Street through the
platted alley right-of-way north of the property, which would support Goal 3 of City Plan 2040.
The subject property is located in the Mill Subdistrict of the 71 B Corridor Plan. Establishing a
commercial/residential edge between School and Locust Avenue and encouraging moderate -
density attainable urban housing between Locust and Church Avenue were guiding principles
identified for the Mill Subdistrict. The subject property is also located within the Walker Park
Neighborhood Plan area. Adopting zoning that preserves established single-family
neighborhoods while encouraging additional housing types and a mix of uses was one of the
primary goals identified in the Walker Park Neighborhood plan. Since the property is in an
established single-family residential neighborhood, the proposed DG zoning may run afoul with
the goals of the Walker Park Neighborhood Plan when compared to the current NC zoning, since
it would allow nonresidential and higher density uses. While the property's current NC zoning may
better suit the goals of the neighborhood plan, staff finds the proposed DG zoning to be suitable
in this instance since it would allow for incremental infill which is largely consistent with the City's
long-range plans.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #1, 303 W. Center St.)
• Near Water Main (six-inch main, S. Church Ave.)
• Near Sewer Main (eight -inch main, S. Church Ave.)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Walker Park, Jefferson Park, Fay Jones Woods)
Near Paved Trail (Razorback Greenway, W. 7th St.)
• Near ORT Bus Stop (Route 10, Route 20)
• Within Master Plan Area (Walker Park Neighborhood Master Plan)
• Near 71 B Corridor
• Sufficient Intersection Density
DISCUSSION:
At the June 27, 2022 Planning Commission meeting, a vote of 8-1-0 forwarded this request to
City Council with a recommendation to rezone the property to RI-U, Residential Intermediate -
Urban. Commissioner Johnson made the motion and Commissioner Winston seconded.
Commissioners expressed concerns about the nonresidential uses and building height maximum
permitted in DG zoning. Given the established residential character of the neighborhood and the
applicant's expressed desire to construct townhomes, the Commission forwarded the item with a
recommendation of RI-U. Commissioner Sparkman, voting in opposition, found the current zoning
of NC, Neighborhood Conservation to be most appropriate for this site. The applicant verbally
supported altering the request to RI-U at the meeting, though they have since expressed a desire
to maintain their request for DG and inquired about offering a Bill of Assurance. No public
comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0025
Close Up View
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Neighborhood Link
Regional Link - High Activity
Urban Center
Residential Link
Design Overlay District
r _ _i Planning Area
r _ _1 Fayetteville City Limits
MARTIN LUTHER
KING JR BLVD
I
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0 75 150 300 450 600
1:2,482
RZN-2022-0025
EXHIBIT 'A'
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Q
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7TH S AA
NORTH
Zoning Acres
DG 0.17
Total 0.17
RZN-2022-0025
EXHIBIT `B'
REZONE DESCRIPTION:
LOT 1 OF BLOCK 27 OF THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE AS RECORDED IN PLAT
BOOK 4 AT PAGE 204 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. ALSO DESCRIBED AS
FOLLOWS:
BEGINNING AT AN IRON PIN FOUND AT THE SE CORNER OF SAID LOT 1 OF BLOCK 27 OF THE JENNINGS
ADDITION, BEING ON THE WEST RIGHT-OF-WAY LINE OF S. CHURCH AVENUE (40'R/W); THENCE ALONG
THE SOUTH LINE OF SAID LOT 27 N87°40'34"W 140.66 FEET TO AN IRON PIN FOUND AT THE SW CORNER
OF SAID LOT 27; THENCE NO2°20'30"E 50.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF W. 5TH STREET
(40'R/W); THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE S87'40'34"E 140.78 FEET TO THE WEST
RIGHT-OF-WAY LINE OF SAID S. CHURCH AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE
S02'29'06"W 50.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7036 SQUARE FEET OR 0.16 ACRES,
MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT.
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: June 27, 2022 (Updated with PC hearing results)
SUBJECT: RZN-2022-0025: Rezone (507 S. CHURCH AVEJEDA, 523): Submitted
by EARTHPLAN DESIGN ALTERNATIVES for property located at 507 S.
CHURCH AVE. The property is zoned NC, NEIGHBORHOOD
CONSERVATION and contains approximately 0.17 acres. The request is
to rezone the property to DG, DOWNTOWN GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0025 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0025 to the City Council with a recommendation of approval. "
BACKGROUND:
The subject property is in south Fayetteville on the west side of Church Avenue, roughly halfway
between the street's intersections with Martin Luther King Jr. Boulevard and Archibald Yell
Boulevard. The property contains one parcel totaling 0.17 acres which is currently developed with
one single-family dwelling which Washington County records indicate was built in 1940. The
property lies within 71 B Corridor Plan and Walker Park Master Plan areas, and it received its
current zoning designation of NC, Neighborhood Conservation, as a result of the latter plan.
Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
NC, Neighborhood Conservation
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
NC, Neighborhood Conservation
West
Walker Park
DG, Downtown General
Request: The request is to rezone the subject property from NC, Neighborhood Conservation, to
DG, Downtown General. The applicant shared in their request letter that the rezoning will allow
for a fourplex development that will be linked with the property to the west.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along S. Church Avenue, a partially improved
Urban Center street with curb and gutter. Any street improvements required in this
area will be determined at the time of development proposal.
Water: Public water is available to the subject property. An existing six-inch water main is
present along Church Avenue.
Sewer: Sanitary sewer is available to the subject property. An eight -inch sewer main is
present along Church Avenue.
Drainage: No portion of the subject property lies within a FEMA designated 100-year
floodplain, the Hillside -Hilltop Overlay District (HHOD), or a Streamside Protection
Zone. Additionally, no hydric soils are present on property. Any additional
improvements or requirements for drainage would be determined at the time of
development.
Fire: Station 1, located at 303 W. Center Street, protects this site. The property is
located approximately 0.7 miles from the fire station with an anticipated drive time
of approximately three minutes using existing streets. The anticipated response
time would be approximately 5.2 minutes. Fire Department response time is
calculated based on the drive time plus one minute for dispatch and 1.2 minutes
for turn -out time. Within the city limits, the Fayetteville Fire Department has a
response time goal of six minutes for an engine and eight minutes for a ladder
truck. Fire apparatus and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Protection Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of DG, Downtown General, requires 10% minimum
canopy preservation. The current zoning district of NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood area. The
property is also located within the boundary of the 71 B Corridor Plan and the Walker Park
Neighborhood Master Plan.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. 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. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
The 71 B Corridor Plan is an ongoing project that launched in 2018. A critical goal of the plan is
to develop strategies to improve the corridor's economic vitality, address congestion issues,
increase affordable housing, make it safe for all modes of travel, encourage active and healthy
living, and create an attractive "front door" to Fayetteville's downtown and adjacent
neighborhoods.
The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site with a weighted score of 10.5. The following elements of the matrix contribute to the score:
• Four -Minute Fire Response (Station #1, 303 W. Center St.)
• Near Water Main (six-inch main, S. Church Ave.)
• Near Sewer Main (eight -inch main, S. Church Ave.)
• Near Grocery Store (Walmart Neighborhood Market)
• Near City Park (Walker Park, Jefferson Park, Fay Jones Woods)
• Near Paved Trail (Razorback Greenway, W. 7t" St.)
• Near ORT Bus Stop (Route 10, Route 20)
• Within Master Plan Area (Walker Park Neighborhood Master Plan)
• Near 71 B Corridor
• Sufficient Intersection Density
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the proposed zoning to be compatible
with the existing nearby land uses. The DG, Downtown General zoning
district is intended to provide a flexible and dynamic range of uses, from
public open spaces to less intense residential development and businesses.
Properties zoned DG are typically not identifiable centers yet are more
intense than properties that are zoned NC, Neighborhood Conservation. The
subject property is currently zoned NC and situated in a residential
neighborhood that primarily consists of single-family dwellings, though
there are some multi -family dwellings and commercial uses nearby. While
the property is primarily oriented towards single-family dwellings, a rezoning
to DG could allow for higher density residential development or small-scale
nonresidential development that would serve as an incremental transition
between surrounding land uses. The property itself is relatively small and
located mid -block with public right-of-way platted to the north of it. Essential
City services like water and sewer are available to the site, and other public
amenities are located close by. Given the size of the site, its proximity to
public services and amenities, and the availability of public right-of-way,
staff finds the proposed rezoning to be appropriate in this instance.
Land Use Plan Analysis: Staff finds the proposed zoning to be generally
consistent with the City's land use plans and policies. The proposed zoning
complements the property's Future Land Use Map designation as a
Residential Neighborhood area since it would support a wide variety of
housing types of appropriate scale and context, incorporating low -intensity
nonresidential uses intended to serve the surrounding neighborhood.
Regarding City Plan 2040, rezoning to DG could support several goals within
the plan by encouraging appropriate infill development. While the current NC
zoning is intended to encourage low -density, single-family residential
development, DG allows higher -density development that could bridge the
gap between 5th Street through the platted alley right-of-way north of the
property, which would support Goal 3 of City Plan 2040.
The subject property is located in the Mill Subdistrict within the Research
Center/South Fayetteville segment of the 71 B Corridor Plan. Establishing a
commercial/residential edge between School and Locust Avenue and
encouraging moderate -density attainable urban housing between Locust
and Church Avenue were guiding principles identified for the Mill
Subdistrict. The subject property is also located within the Walker Park
Neighborhood Plan area. Adopting zoning that preserves established single-
family neighborhoods while encouraging additional housing types and a mix
of uses was one of the primary goals identified in the Walker Park
Neighborhood plan. Since the property is in an established single-family
residential neighborhood, the proposed DG zoning may run afoul with the
goals of the Walker Park Neighborhood Plan when compared to the current
NC zoning, since it would allow nonresidential and higher density uses.
While the property's current NC zoning may better suit the goals of the
neighborhood plan, staff finds the proposed DG zoning to be suitable in this
instance since it would allow for incremental infill which is largely consistent
with the City's long-range plans.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning is justified at this time. The subject
property has a high infill score of 10, suggesting that an increase in density
and uses is warranted at this time. DG zoning would preserve the urban
character of the lot and allow for contextually sensitive residential and
nonresidential development in the future.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property has the potential to increase traffic along Church
Avenue. However, the property's location next to undeveloped right-of-way
and in an area with a high intersection density suggests that vehicle trips to
and from this property will be evenly dispersed, limiting impacts on traffic
danger and safety. Also, the number of vehicle trips to and from this site
would be limited by its proximity to public trails and bus stops.
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 NC to DG has the potential to increase
population density and thereby increase the load on public services.
However, since the property has access to City water and sewer and has an
appropriate anticipated fire response time, staff finds that the site would be
able to handle an increase load on public services resulting from future
development. Fayetteville Public Schools 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 forwarding RZN-2022-0025 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: June 27, 2022 O Tabled © Forwarded O Denied
with a recommendation to
Motion: Johnson rezone to RI-U, Residential
Intermediate -Urban
Second: Winston
Vote: 8-1-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.28 — Downtown General
o §161.29 — Neighborhood Conservation
• Request Letter
• Walker Park Neighborhood Illustrative Plan
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.28 Downtown General
(A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the
Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not
categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a
mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and
dynamic range of uses, from public open spaces to less intense residential development and businesses. For the
purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling all unit types) 18 feet
(2) Lot Area Minimum. None.
(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
None
Rear
1 5 feet
Rear, from center line of an alley
12 feet
(F) Minimum Buildable Street Frontage. 50% of lot width.
(G) Building Height Regulations.
Building Height Maximum 5 stories
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 40 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
1 5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
i
!EDA
Earthplan Design Alternatives, PA
Civil Engineering / Landscape Architecture
May 18, 2022
Fayetteville Planning Department
125 W. Mountain St
Fayetteville, AR 72701
RE: Church Avenue Rezone
Cover letter/Explanation Letter
To whom it concerns,
We respectfully request a rezone of parcel 765-07132-000 from its current Neighborhood Conservation
(NC) zoning to Downtown General (DG) zoning. The property is accessed off S. Church Ave. and consists
of approximately 0.16 acres.
The reason for this rezone request is for a fourplex development to span from this parcel to the west to
encompass the adjacent parcel 765-08251-000. This western parcel is already zoned DG. In order to
continue the fourplexes and their density across to the subject parcel, a rezone to DG of the subject
parcel is needed.
We feel that this property is compatible with the requested DG zoning and would not unreasonably
adversely affect or conflict surrounding land uses because:
1. Connection to existing DG zoning. The subject parcel would be connected with the parcel to the
west and the two parcels will be treated as one development when the fourplexes are built -out.
2. Fourplexes currently allowed. Both the current zoning (NC) and the requested zoning (DG) allow
quadplexes. However, NC zoning only allows 10 units per acre; DG zoning would allow our
client's desired density.
3. High Infill Rating: The subject area has a very high infill prioritization of around the yellow -green
end of the Infill Prioritization spectrum. Since there is commercial to the west (Walgreens and
others), and because of the close proximity of W. Martin Luther King Jr. Blvd and Archibald Yell
134 W. Emma Ave. Springdale, AR 72764 Phone: 479-756-1266
www.eda-pa.com
1
Streets, encouraging slightly higher density in this area would make good use of land adjacent to
higher traffic -designed roads.
4. Surrounding Uses: We feel that this proposed rezoning would not unreasonably adversely affect
or conflict surrounding land uses an because in close proximity (-260 ft to the west) to our
rezone request are quadplexes located off W. 5t" St and because there are apartments located
immediately southeast of this property.
5. Roads: The roads in this area sufficiently and quickly direct traffic onto the surrounding larger
roads.
6. Residential Use: The proposed residential use of this property would be in -line with the
surrounding residential use of this area of town.
7. Utilities: Water and sewer lines are already available along this property's street frontage.
In summarization, we feel that our proposed storage business is well -suited for DG zoning based off the
intent to join/link this parcel with the western DG-zoned parcel, the fact that fourplexes are already
allowed but at a lower density, this property's high infill ratio, surrounding fourplex and apartment uses,
the existing road and utility infrastructure, and because the having the two adjacent parcels the same
zoning category would make for a cohesive development.
Please contact us if additional documentation is needed to process this Rezone request. We look
forward to working with your staff to complete the review of this proposed rezone.
Respectfully,
Sarah Geurtz, PLA
sdg@eda-pa.com
134 W. Emma Ave. Springdale, AR 72764 Phone: 479-756-1266
www.eda-pa.com
2
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