HomeMy WebLinkAboutOrdinance 6596RZN-2022-0028 1466 N GREGG AVE EXHIBIT'A'
Close Up View I RZN-2022-0028
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Zoning Acres
RI-12 0.4
Neighborhood Link
Residential Link Feet
Hillside -Hilltop Overlay District
Planning Area 0 75 150 300 450 600
_-! Fayetteville City Limits 1:2,400 Total 0.4
EXHIBIT'B'
RZN-2022-0028
Part of Lot 1, Seamster Place, to the City of Fayetteville, Arkansas, as shown in Plat Record Book 4 at
Page 151 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, described as: Beginning at a point which is 15.26 feet East of the NW corner of said Lot 1; and
running thence South 06*00' West along the East right of way of Gregg Street 108.59 feet; thence Ease
96.10 feet; thence North 58.00 feet; thence East 170.00 feet; thence North 50.00 feet; thence West
254.74 feet to the Point of Beginning, containing 0.42 acres, more or less.
Subject to easements, rights -of -ways, and protective covenants of record, if any. Subject to all prior
mineral reservations and oil and gas leases, if any.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0691
Agenda Date: 8/16/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
RZN 22-028 (1466 N. GREGG AVE./REYNOLDS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-028 LOCATED AT 1466 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 0.43
ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units Per Acre to RI-12, Residential
Intermediate, 12 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 811812022
City of Fayetteville Staff Review Form
2022-0691
Legistar File ID
8/16/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 7/29/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406): Submitted by JS FENWICK PROPERTIES for
property located at 1466 N. GREGG AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY -
FOUR UNITS PER ACRE and contains approximately 0.43 acres. The request is to rezone the property to RI-12,
RESIDENTIAL INTERMEDIATE - TWELVE 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 AUGUST 16, 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: July 29, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406): Submitted
by JS FENWICK PROPERTIES for property located at 1466 N. GREGG AVE in
WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY - FOUR
UNITS PER ACRE and contains approximately 0.43 acres. The request is to
rezone the property to RI-12, RESIDENTIAL INTERMEDIATE - TWELVE 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 located roughly 150 feet northeast of the intersection of N. Gregg Avenue
and W. Lawson Street. Two lots on the east side of N. Gregg Avenue encompass approximately
0.43 acres and make up the site. The properties are zoned RSF-4, Residential Single -Family, 4
Units per Acre, currently undeveloped, and covered by tree canopy. The property slopes from the
east, down towards N. Gregg Avenue on its west at a consistent, approximately 15% grade. Duly,
'/4 acre of the eastern extent 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-12, Residential Intermediate, 12 Units per Acre.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility. Staff finds the request to be compatible with the surrounding mix of uses.
The surrounding area includes a broad mix of residential densities and lot configurations.
Rezoning to RI-12 expands the variety of housing types, ranging from single- up to four -family
dwellings by -right. Cluster housing developments are also permitted by -right in RI-12 zoning
where they are a conditional use in RSF-4. Staff finds the permitted increase in density is
incremental and justified given the property's proximity to non-residential services and
employment centers as well as its location along a prominent thoroughfare. Staff also finds that
the bulk and area regulations are suitable and not out of context with the surrounding properties.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Single family developments are permitted the smallest lot size with 50-foot minimum widths and
5,000 square foot minimum areas. Two-family dwellings have the same minimum lot width but
require an additional 2,260 square feet in area, and three-family dwellings and above require 90-
foot lot widths and 10,890 square foot lots. Likely due, in part, to steep topography, nearby
properties do not have a common lot and block configuration. Given the slope to the east, 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 inclusion of a build -to -zone with the RI-12 zoning district also requires
that buildings address N. Gregg Avenue which promotes walkability and pedestrian friendliness
along a street lacking comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040
and the future land use designation for this location. Rezoning from RSF-4 to RI-12 serves to
contribute towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable
Transportation Network, and 6 — Create Opportunities for Attainable Housing. The site scores
moderate to high on the Infill Scoring Matrix. The proposed rezoning would locate additional
residential density on a property with ready access to basic development needs such as water
and sewer. The property is also proximate to groceries and two City parks. RI-12 aligns with Goal
#4 in that it is situated between two significant employers, the veteran's hospital to the east and
the University of Arkansas main campus less than a mile south, as well as the nearby transit route
and trail. The proposed zoning district also allows a range of single- to four -family dwellings.
Allowing diverse housing options may provide more affordable options than a strictly single-family
development. The future land use map designates the site as a City Neighborhood Area on the
west along N. Gregg Avenue and a Residential Neighborhood area towards the eastern extents.
Increased density along a Neighborhood Link Street reflects the urban transect where added
density along N. Gregg Avenue transitions to predominantly single family uses up the hill and to
the east towards N. Woolsey Avenue.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 6-8 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue)
• Near Water Main (8" water main, N. Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Avenue)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Non Peak, N. Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the July 25, 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 Madden mentioned support for the rezoning
though wished to have clearer distinction between RI-12 and RI-U. Commissioner Johnson
agreed. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0028
Close Up View
MARTHA DR
1-1
Neighborhood Link
Residential Link
Hillside -Hilltop Overlay District
r _ Planning Area
_ Fayetteville City Limits
1466 N GREGG AVE
0
a
W
C9
0 75 150
Subject Property
12
Feet
300
1:2,400
E'
:AWSOWS
450 600
'J&
NORTH
Zoning Acres
RI-12 0.4
Total 0.4
EXHIBIT 'B'
RZN-2022-0028
Part of Lot 1, Seamster Place, to the City of Fayetteville, Arkansas, as shown in Plat Record Book 4 at
Page 151 on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County,
Arkansas, described as: Beginning at a point which is 15.26 feet East of the NW corner of said Lot 1; and
running thence South 06°00' West along the East right of way of Gregg Street 108.59 feet; thence Ease
96.10 feet; thence North 58.00 feet; thence East 170.00 feet; thence North 50.00 feet; thence West
254.74 feet to the Point of Beginning, containing 0.42 acres, more or less.
Subject to easements, rights -of -ways, and protective covenants of record, if any. Subject to all prior
mineral reservations and oil and gas leases, if any.
CITY OF
I
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: July 25, 2022 (Updated with Planning Commission Results)
SUBJECT: RZN-2022-0028: Rezoning (1466 N. GREGG AVE./REYNOLDS,406):
Submitted by JS FENWICK PROPERTIES for property located at 1466 N.
GREGG AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY - FOUR UNITS PER ACRE and contains approximately 0.43
acres. The request is to rezone the property to RI-12, RESIDENTIAL
INTERMEDIATE - TWELVE UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0028 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0028 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located roughly 150 feet northeast of the intersection of N. Gregg Avenue
and W. Lawson Street. Two lots on the east side of N. Gregg Avenue encompass approximately
0.43 acres and make up the site. The properties are zoned RSF-4, Residential Single -Family, 4
Units per Acre, currently undeveloped, and covered by tree canopy. The property slopes from the
east, down towards N. Gregg Avenue on its west at a consistent, approximatly 15% grade. Duly,
114 acre of the eastern extent 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
Two -Family Residential
RI-U, Residential Intermediate -Urban/ RMF-24,
Residential Multi -Family, 24 Units per Acre
South
Single- and Two -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre/RI-
12, Residential Intermediate, 12 Units per Acre
East
Single -Family Residential/Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre
West
Single- and Two -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RI-12, Residential Intermediate, 12 Units per Acre.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Gregg Avenue. N. Gregg Avenue is a
partially -improved Neighborhood Link Street with asphalt paving, curb and gutter,
and sidewalk located at the back of curb. 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 west side of N. Gregg Avenue.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present in the center of N. Gregg Avenue.
Fire: Station 2, located at 708 N. Garland Avenue protects this site. The property is
located approximately one mile 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 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.
Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department expressed no concerns with this request.
Drainage: A portion of the property is 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-1 2, Residential Intermediate, 12 Units per Acre
requires 20% 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 a Residential Neighborhood Area and City
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
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
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 Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6=8 for this
site, with a weighted score of 9_5. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue)
• Near Water Main (8" water main, N. Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Avenue)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Non Peak, N. Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood Area)
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 request to be compatible with the
surrounding mix of uses. The surrounding area includes a broad mix of
residential densities and lot configurations. Rezoning to RI-12 expands the
variety of housing types, ranging from single- up to four -family dwellings by -
right. Cluster housing developments are also permitted by -right in RI-12
zoning where they are a conditional use in RSF-4. Staff finds the permitted
increase in density is incremental and justified given the property's
proximity to non-residential services and employment centers as well as its
location along a prominent thoroughfare. Staff also finds that the bulk and
area regulations are suitable and not out of context with the surrounding
properties. Single family developments are permitted the smallest lot size
with 50-foot minimum widths and 5,000 square foot minimum areas. Two-
family dwellings have the same minimum lot width but require an additional
2,260 square feet in area, and three-family dwellings and above require 90-
foot lot widths and 10,890 square foot lots. Likely due, in part, to steep
topography, nearby properties do not have a common lot and block
configuration. Given the slope to the east, staff does not find that 3-story
buildings would be out of scale with the surrounding context, nor would the
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 3 of 14
rezoning allow structures to be built at a greater height than what is allowed
in the current RSF-4 zoning district. The inclusion of a build -to -zone with the
RI-12 zoning district also requires that buildings address N. Gregg Avenue
which promotes walkability and pedestrian friendliness along a street
lacking comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal to be consistent with the
goals in City Plan 2040 and the future land use designation for this location.
Rezoning from RSF-4 to RI-12 serves to contribute towards City Plan 2040
goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network,
and 6 — Create Opportunities for Attainable Housing. The site scores
moderate to high on the Infill Scoring Matrix. The proposed rezoning would
locate additional residential density on a property with ready access to basic
development needs such as water and sewer. The property is also proximate
to groceries and two City parks. RI-12 aligns with Goal #4 in that it is situated
between two significant employers, the veteran's hospital to the east and the
University of Arkansas main campus less than a mile south, as well as the
nearby transit route and trail. The proposed zoning district also allows a
range of single- to four -family dwellings. Allowing diverse housing options
may provide more affordable options than a strictly single-family
development. The future land use map designates the site as a City
Neighborhood Area on the west along N. Gregg Avenue and a Residential
Neighborhood area towards the eastern extents. Increased density along a
Neighborhood Link Street reflects the urban transect where added density
along N. Gregg Avenue transitions to predominantly single family uses up
the hill and to the east towards N. Woolsey Avenue.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
RI-12; including diversifying the mix of residential uses along a
Neighborhood Link Street, allowing varied lot sizes, and bringing
incremental density to the site while aligning with the future land use map.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RI-12 has an associated potential to increase traffic
at this location above the potential of the current zoning district, though the
impact is not expected to be detrimental to danger and congestion. Staff
finds the 0.43 acre lot area will serve to limit the amount of additional traffic
to a level that is safe and appropriate for a property that will likely have a
single access point onto N. Gregg Avenue. 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. Any new development would also be required to improve the
property's frontage to the 2040 Master Street Plan requirements, including
10-foot greenspaces and 8-foot sidewalks, which staff finds would
complement the non -motorized transportation network by incrementally
improving pedestrian comfortability.
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 4 of 14
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-12 would increase the load on public services
above the potential of the current zoning district, but the impact is not
expected to be significant
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-2022-0028.
PLANNING COMMISSION ACTION: Required YES
Date: July 25, 2022
Motion: Winston
Second: Brink
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
O Tabled [A Forwarded
recommending approval
O Denied
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.11 District RI-12, Residential Intermediate — 12 Units per Acre
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
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
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
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
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 7 of 14
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas
with existing public facilities and to encourage the development of a greater variety of housing values.
(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 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3)
family
family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 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*
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 8 of 14
* 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 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15;
Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§4, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245
, §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 9 of 14
JS Fenwick Properties LLC.
1901 Boston St. Fort Smith, AR 72901
May 24, 2022
Dear,
City of Fayetteville
I, Matthew Scott, on behalf of JS Fenwick Properties intend to adjust parcel numbers
765-10592-000 and 765-10593-000 located on N Gregg Ave from current zoning of RSF-4
(Residential Single -Family) to RI-12 (Residential Intermediate). This zoning is compatible and
consistent with the surrounding zoning of said location. The zoning of the neighboring
properties located directly south (RI-12) and the land located directly north (RI-U) are both
high -density and therefore compatible with the proposed zoning. The location is also
complementary with the future land use plan of Fayetteville as a City Neighborhood. This
rezone will not negatively affect the surrounding neighborhoods or areas as the intended use is
consistent with the surrounding location.
Sincerely,
Matthew Scott
Planning Commission
July 25, 2022
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 10 of 14
RZN-2022-0028 1466 N GREGG AVE
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Agenda Item 14
RZN-2022-0028(REYN O LDS )
Page 11 of 14
RZN-2022-0028
Close Up View
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Planning Comm
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 12 of 14
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 13 of 14
RZN-2022-0028
Future Land Use
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Planning Commis
Agenda Item 14
RZN-2022-0028(REYNOLDS)
Page 14 of 14