HomeMy WebLinkAboutOrdinance 6598City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0726
Agenda Date: 9/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.3
RZN 22-030 (2178 E. HUNTSVILLE RD./ALBAN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-030 LOCATED AT 2178 EAST HUNTSVILLE ROAD IN WARD 1 FOR APPROXIMATELY 6.01
ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND R-O,
RESIDENTIAL -OFFICE TO CS, COMMUNITY SERVICES
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 and R-O, Residential
Office to CS, Community Services.
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 91712022
City of Fayetteville Staff Review Form
2022-0726
Legistar File ID
9/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 8/19/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0030: Rezone (2178 E. HUNTSVILLE RD./ALBAN, 566): Submitted by CAPSTONE REAL ESTATE for property
located at 2178 E. HUNTSVILLE RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS
PER ACRE and R-O, RESIDENTIAL -OFFICE and contains approximately 6.01 acres. The request is to rezone the
property to CS, COMMUNITY SERVICES.
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 SEPTEMBER 6, 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: August 19, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0030: Rezone (2178 E. HUNTSVILLE RD./ALBAN, 566): Submitted
by CAPSTONE REAL ESTATE for property located at 2178 E. HUNTSVILLE RD
in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4
UNITS PER ACRE and R-O, RESIDENTIAL -OFFICE and contains approximately
6.01 acres. The request is to rezone the property to CS, COMMUNITY SERVICES.
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 on the north side of East Huntsville Road/Highway 16
about 700 feet west of Crossover Road/Highway 265. The property contains two parcels totaling
6.01 acres and is developed with one single-family dwelling built in 1895. The site has a gentle
slope with an open stormwater channel and a pond on the eastern side of the property.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre and R-O, Residential -Office to CS, Community Services. The applicant has shared an
intent to develop the property with a mixed -use development containing multi -family residential
and commercial uses.
Public Comment: Staff received one inquiry about the request from a neighboring property owner,
though no clear support for, or opposition to, the request was offered.
Land Use Compatibility: While many properties in the area are undeveloped or contain low -
density residential and agricultural uses, staff finds the proposed zoning to be generally
compatible with land use patterns and development trends along the wider Huntsville Road
corridor. The proposed zoning of CS, Community Services would allow for development of a
suitable intensity that could act as a transition between lower density residences to the west and
nonresidential uses along Huntsville and Crossover to the south and east. While the proposed
zoning is not immediately compatible with existing land uses, staff finds that CS would
complement the underlying zoning and development potential of adjacent properties. The current
zoning of RSF-4 only allows single-family residential development by right at a density of four
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
units per acre with a front and rear setback of 15 feet and a side setback of five feet. The other
zoning district present, R-O, allows one- and two-family dwellings by right along with a limited
number of nonresidential uses such as professional offices and limited businesses. A residential
density of 24 units per acre and both traditional and urban form setbacks are permitted in the R-
O zoning district. The proposed zoning of CS would allow more uses by right, including multi-
family dwellings, restaurants, neighborhood shopping goods, and small-scale production, while
requiring urban form setbacks and having no residential density limitation.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent with the City's land use
and zoning plans. CS would allow for development that could complement the property's Future
Land Use Map designation as a City Neighborhood Area by allowing for increased density and a
mix of nonresidential and residential uses. Further, the location of the property within a Tier 2
Center, as indicated by the City Plan 2040 Growth Concept Map, suggests that greater density
and land use variety is appropriate for this site. Regarding the general goals of City Plan 2040, a
rezoning to CS could support Goals 2 and 3 by discouraging a single -use, low -density land use
pattern and promoting the creation of complete, compact, and connected places. A rezoning to
CS could also support Goal 6 by encouraging a mixture of housing types and sizes in close
proximity to transit.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
4-7 for this site. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (8-inch main, East Huntsville Road)
• Near Water Main (12-inch mains, East Huntsville Road)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Doc Mashburn Park, Mount Sequoyah Woods)
• Near ORT Bus Stop (Route 20)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the August 8, 2022 Planning Commission meeting, a vote of 8-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Winston made the motion and
Commissioner Johnson seconded. Commissioners offered little comment, finding the request to
be consistent with the City's land use plans and policies. No public comment was offered at the
meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0030
Close Up View
z
J
W �RM1
x
V
2178 E HUNTSVILLE RD
RSF-4
Subject Property
Proposed CS
R-O
r-
L
RZN-2022-0030
EXHIBIT 'A'
HUNTSVILLE RD
C-t
m
X C-2
CS
m
R-A
LEE ST NORTH
Regional Link - High Activity
Residential Link
- - - Trail (Proposed)
r _ _i Planning Area
Fayetteville City Limits
Feet
0 75 150 300
1:2,400
450 600
Zoning Acres
CS 5.9
Total 5.9
RZN-2022-0030
EXHIBIT `B'
REZONE DESCRIPTION:
Parcel 765-16187-000
PT NW NE 0.93A FURTHER DESCRIBED FROM 2011-35969 AS: A PART OF THE
NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION
TWENTY-THREE (23), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST,
DESCRIBED AS BEGINNING 326.26 FEET SOUTH AND 334.77 FEET EAST OF THE
NORTHWEST CORNER OF THE SAID NORTHWEST QUARTER (NW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4), THENCE EAST 210 FEET, THENCE SOUTH 192.6 FEET
TO THE NORTH RIGHT OF WAY LINE OF ARKANSAS STATE HIGHWAY 16, THENCE ALONG
SAID RIGHT OF WAY LINE SOUTH 85 DEGREES 15 MINUTES 46 SECONDS WEST 210.72
FEET, THENCE NORTH 210 FEET TO THE POINT OF BEGINNING, CONTAINING 0.97
ACRES, MORE OR LESS
Parcel 765-15185-000
PT NW NE 4.99 AC FURTHER DESCRIBED FROM 2013-29221 AS: A part of the NW 1/4 of the
NE 1/4 of Section 23, T-16-N, R-30-W, Washington County, Arkansas, and being more
particularly described as follows: Beginning at a point which is N89012'34" E, 144.80 feet from the
NW corner of said 40-acre tract and running thence N89°12'34" E 655.20 feet, thence
S00047'26"E 124.00 feet; thence S89°12'34" W, 210.00 feet; thence S00047'26" E 384.74 feet to
the North Right-of-way of Highway 16; thence S82027'36" W, along said right-of-way 45.54 feet;
thence leaving said right -of way, N00°54'15" w, 187.85 feet; thence S89°12'18" w, 209.65 feet;
thence S00°41' 09" E, 203.70 feet to the North right-of-way of Highway 16; thence S85°24'07" w,
along said right-of-way 194.71 feet; thence leaving said right-of-way, N00039'03" W, 245.47 feet;
thence North 297.45 feet to the Point of Beginning, containing 5.08 acres, more or less. LESS
AND EXCEPT: Part of the Northwest Quarter of the Northeast Quarter of Section 23, Township
16 North, Range 30 West, Washington County, Arkansas starting at the Northwest corner of the
Northwest Quarter of the Northeast Quarter of Section 23; thence N85016'44" East along the
North line thereof a distance of 793.11 feet to a point; thence South 04°40'55" East a distance of
323.19 feet to a point; thence South 04°47'30" East a distance of 187.83 feet to a point on the
Northerly existing right of way line of Arkansas State Highway 16; thence South 82042'45" West
along an existing right of way line a distance of 207.17 feet for the point of beginning; thence
continue South 8204'45" West along the Northerly existing right of way line of Arkansas State
Highway 16 a distance of 40.74 feet to a point; thence South 82 ° 40 '49" West along said existing
right of way line a distance of 4.63 feet to a point; thence North 040 23'56" West a distance of 4.50
feet to a point on the Northerly proposed right of way line of U.S. Highway 16, thence North
78041'01" East along said proposed right of way line a distance of 45.55 feet to a point; thence
South 05000'22" East a distance of 7.70 feet to the point of beginning and containing 0.01 acre
more or less. ALSO LESS & EXCEPT: Part of the Northwest Quarter of the Northeast Quarter of
Section 23, Township 16 North, Range 30 West, Washington County, Arkansas, more particularly
described as follows: Commencing at a State Monument being used as the Quarter Corner of
Section's 14 and 23; thence South 020 42' 42" West along the East line of the Northeast Quarter
of the Northwest Quarter of Section 23 a distance of 549.79 feet to a point; thence South 88' 42'
05" East a distance of 39.52 feet to a point on the Northerly right of way line of State Highway 16
as established by AHTD Job 9424; thence in and Northeasterly direction along said right of way
line on a curve to the left having a radius of 1,602.02 feet a distance of 36.59 feet having a chord
bearing of North 890 56' 16" East a distance of 36.58 feet to a point; thence North 890 13' 15" East
along said right of way line a distance of 64.07 feet to the POINT OF BEGINNING; thence North
02' 42' 42" East a distance of 19.42 feet to a point on the Northerly right of way line of State
Highway 16 as established by AHTD Job 040578; thence South 890 59' 23" East along said right
of way line a distance of 100.88 feet to a point; thence South 89' 36' 36" East along said right of
way line a distance of 93.28 feet to a point; thence South 02' 51' 22" West a distance of 16.12
feet to a point on the Northerly right of way line of State Highway 16 as established by AHTD Job
9424; thence South 890 13' 15" West along said right of way line a distance of 194.29 feet to the
point of beginning and containing 0.08 acres or 3,4 78 square feet more or less as shown on
plans prepared by the AHTD referenced as Job 040578. AND ALSO: Commencing at a state
monument being used as the Quarter Comer of Section's 14 and 23; thence South 020 42' 42"
West along the East line of the Northeast Quarter of the Northwest Quarter of Section 23 a
distance of 549.79 feet to a point; thence South 88' 42' 05" East a distance of 39.52 feet to a
point on the Northerly right of way line of State Highway 16 as established by AHTD Job 9424;
thence in an Northeasterly direction along said right of way line on a curve to the left having a
radius of 1 ,602.02 feet a distance of 36.59 feet having a chord bearing of North 890 56' 16" East
a distance of 36.58 feet to a point; thence North 890 13' 15" East along said right of way line a
distance of 469.19 feet to a point on the Northerly right of way line of State Highway 16 as
established by AHTD Job 4999; thence North 02' 40' 08" East along said right of way line a
distance of 4.84 feet to the POINT OF BEGINNING; thence continue North 02040' 08" East a
distance of 6.98 feet to a point on the Northerly right of way line of State Highway 16 as
established by AHTD Job 040578; thence North 81 o 31' 24" East along said right of way line a
distance of 42.41 feet to a point; thence South 020 14' 07" West a distance of 10.13 feet to a point
on the Northerly right of way line of State Highway 16 as established by AHTD Job 4999; thence
South 850 46' 07" West along said right of way line a distance of 41.99 feet to the point of
beginning and containing 0.01 acres or 356 square feet more or less as shown on plans prepared
by the AHTD referenced as Job 040578.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 8, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0030: Rezone (2178 E. HUNTSVILLE RD./ALBAN):
Submitted by CAPSTONE REAL ESTATE for property located at 2178 E.
HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and R-O, RESIDENTIAL -OFFICE and
contains approximately 6.01 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0030 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"1 move to forward RZN-2022-0030 to City Council with a recommendation for approval. "
BACKGROUND:
The subject property is in east Fayetteville on the north side of East Huntsville Road/Highway 16
about 700 feet west of Crossover Road/Highway 265. The property contains two parcels totaling
6.01 acres and is developed with one single-family dwelling built in 1895. The site has a gentle
slope with an open stormwater channel and a pond on the eastern side of the property.
Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Agricultural
RSF-4, Residential Single -Family, 4 Units per Acre
South
Commercial; Residential
C-1, Neighborhood Commercial;
RSF-4, Residential Single -Family, 4 Units per Acre
East
Undeveloped
CS, Community Services;
RSF-4, Residential Single -Family, 4 Units per Acre
West
Residential
RI-12, Residential Intermediate, 12 Units per Acre;
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 and R-O, Residential -Office to CS, Community Services. The applicant has shared an
intent to develop the property with a mixed -use development containing multi -family residential
and commercial uses.
Public Comment: Staff has received no public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along East Huntsville Road. East Huntsville
Road is a fully -improved Regional Link — High Activity street with asphalt paving,
sidewalk, curb, and gutter. Any street improvements required in this area would be
determined at the time of development proposal.
Water: Public water is available to the subject property. Existing 12-inch water mains are
present on the north and south side of East Huntsville Road.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present along the north side of East Huntsville Road.
Drainage: While the property is not within the Hillside -Hilltop Overlay District, a FEMA-
designated floodplain, or streamside protection zone, hydric soils are present.
Hydric soils are a known indicator of wetlands. However, for an area to be
classified as wetlands, it may also need other characteristics such as hydrophytes
(plants that grow in water), and shallow water during parts of the year. Hydric Soils
can be found across many areas of Fayetteville, including valleys, floodplains, and
open prairies. It's important to identify these natural resources during development,
so when these soils are identified on a property, further environmental studies will
be required at the time of development. Before permits will be issued for the
property a statement/report from an environmental professional must be provided
summarizing the existence of wetlands on the property. If this statement/report
indicates that wetlands may be present on site, a USACE Determination of
Jurisdictional Wetlands will be required at the time of development submittal. Any
additional improvements or requirements for drainage would be determined at the
time of development.
Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 0.4 miles from the fire station with an anticipated drive time
of approximately one minute using existing streets. The anticipated response time
would be approximately 3.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out
time. Within city limits, the Fayetteville Fire Department has a response time goal
of six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The requested zoning district, CS, Community Services, requires 20% minimum
canopy preservation. The current zoning districts, RSF-4, Residential Single -
Family, 4 Units per Acre and R-O, Residential -Office, require 25% and 20%
minimum canopy preservation, respectively.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as City Neighborhood Area.
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.
Non-residential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
4-7 for this site with a weighted score of 8_5 at the highest level. The following elements of the
matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (8-inch main, East Huntsville Road)
• Near Water Main (12-inch mains, East Huntsville Road)
• Near Public School (Happy Hollow Elementary School)
• Near City Park (Doc Mashburn Park, Mount Sequoyah Woods)
• Near ORT Bus Stop (Route 20)
• 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: While many properties in the area are undeveloped
or contain low -density residential and agricultural uses, staff finds the
proposed zoning to be generally compatible with land use patterns and
development trends along the wider Huntsville Road corridor. The proposed
zoning of CS, Community Services would allow for development of a suitable
intensity that could act as a transition between lower density residences to
the west and nonresidential uses along Huntsville and Crossover to the
south and east. While the proposed zoning is not immediately compatible
with existing land uses, staff finds that CS would complement the underlying
zoning and development potential of adjacent properties. The current zoning
of RSF-4 only allows single-family residential development by right at a
density of four units per acre with a front and rear setback of 15 feet and a
side setback of five feet. The other zoning district present, R-O, allows one -
and two-family dwellings by right along with a limited number of
nonresidential uses such as professional offices and limited businesses. A
residential density of 24 units per acre and both traditional and urban form
setbacks are permitted in the R-O zoning district. The proposed zoning of
CS would allow more uses by right, including multi -family dwellings,
restaurants, neighborhood shopping goods, and small-scale production,
while requiring urban form setbacks and having no residential density
limitation.
Land Use Plan Analysis: Staff finds the proposed zoning to be consistent
with the City's land use and zoning plans. CS would allow for development
that could complement the property's Future Land Use Map designation as
a City Neighborhood Area by allowing for increased density and a mix of
nonresidential and residential uses. Further, the location of the property
within a Tier 2 Center, as indicated by the City Plan 2040 Growth Concept
Map, suggests that greater density and land use variety is appropriate for
this site. Regarding the general goals of City Plan 2040, a rezoning to CS
could support Goals 2 and 3 by discouraging a single -use, low -density land
use pattern and promoting the creation of complete, compact, and
connected places. A rezoning to CS could also support Goal 6 by
encouraging a mixture of housing types and sizes in close proximity to
transit.
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 contradiction between the property's primary zoning of
RSF-4 and its Future Land Use Map designation as a City Neighborhood Area
justifies the proposed rezoning to CS. Since multi -family dwellings and
neighborhood shopping goods are conditional uses in the R-O zoning
district, staff also finds that CS would better support the applicants stated
intent to develop the property with a mix of multi -family residential and
commercial uses when compared to the current zoning.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The subject property has direct access to a Residential Link street, Jagger
Lane, and a Regional Link — High Activity street, Huntsville Road. Depending
on how the site is developed, access onto Huntsville Road may require a
variance from the City's access management standards. Regardless,
Huntsville Road is a major arterial street that is suited to accommodate
increased vehicular traffic, and any increase in traffic danger or congestion
would be fully evaluated and mitigated at the time of development review.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RSF-4 and R-O to CS has the potential to
increase population density, though it is not likely to undesirably increase
the load on public services. The property has access to existing water and
sanitary sewer infrastructure and is close to other public services and
amenities. 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-2022-0030 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION:
Date: August 8, 2022 O Tabled
Motion: V/inston
ISecond:Johnson
Vote: 11-0-0
BUDGET/STAFF IMPACT:
None
Required YES
® Forwarded O Denied
with a recommendation
of approval.
ATTACHMENTS:
• Unified Development Code:
o §161.07 — RSF-4, Residential Single -Family — Four (4) Units per Acre
o §161.20 — R-O, Residential Office
o §161.22 —CS, Community Services
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
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
(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."
161.20 District R-O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses. The
intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance
with the build -to zone and minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 25
Offices, studios, and related services
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 11
Manufactured home park*
Unit 13
Eating laces
Unit 15
Neighborhood shopping goods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre 124 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home
park
50 feet
Single-family
60 feet
Two 2 family
60 feet
Three 3 or more
90 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home
ark
4,200 square feet
Townhouses:
Development
10,000 square feet
Individual lot
2,500 square feet
Single-family
6,000 square feet
Two 2 family
6,500 square feet
Three 3 or more
8,000 square feet
Fraternity or Sorority 1 1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home
3,000 square feet
Townhouses & apartments:
No bedroom
1,000 square feet
One bedroom
1,000 square feet
Two 2 or more bedrooms
1,200 square feet
Fraternity or Sorority
500 square feet per resident
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Front, in the Hillside Overlay District
15 feet
Side
10 feet
Side, when contiguous to a residential district
15 feet
Side, in the Hillside Overlay District
8 feet
Rear, without easement or alley
25 feet
Rear, from center line of public alley
10 feet
Rear, in the Hillside Overlay District
15 feet
Urban Form 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
Side -zero lot line*
A setback of less than 5 feet
(zero lot line) is permitted on one
(1) interior side, provided a
maintenance agreement is
filed.**
The remaining side setback(s)
shall be 10 feet
Rear
None
Rear when contiguous to a single
15 feet
family residential district
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-
19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No.
5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 ,
§1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 2, 3, 4-2-
19; 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."
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(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 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-
9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427
, §§l (Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
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."
Parcel 765-15187-000 2220 E Huntsville Road - 0.933 acres
Current Zoning - RO Proposed Zoning - CS
Parcel 765-15185-000 2178 E Huntsville Road - 5.08 acres
Current Zoning - RSF4 Proposed Zoning - CS
June 17, 2022
Dear Fayetteville Planning Commission,
I represent Gina Alban, the owner of the property being considered for rezone. I am a licensed real
estate agent with Capstone Real Estate, acting as a development consultant (Developer).
Our initial meeting with Fayetteville Planning occurred on June 16, 2022, with Gretchen Harrison. We
were seeking guidance to what the Future Land Use designation of City Neighborhood might mean for
a potential rezone of the property. It is currently zoned 5.08 acres RSF4 and 0.933 acres RO.
The vision and goal for the property we have is a mixed use development consisting of attractive but
affordable rental units. Along Huntsville would be the commercial area with the multifamily to the
north. Once rezoned, we will begin work with engineers to develop some preliminary plans for the
project.
Thank you for your consideration. Gretchen was very helpful and professional.
We are excited about the opportunity to add to a great community.
Warm regards,
eW2�;�
Christopher M. Jones
Developer
cjones@capstonenwa.com
RZN-2022-0030
Close Up View
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