HomeMy WebLinkAboutOrdinance 6602RZN-2022-0039 726 W. TAYLOR ST.
Close Up View
CLEVELAND ST
PRIVATE ALLEY 675
675 Wi II
W
d
N
11
E
C-1
W
M
r 9
CLEVELAND ST
DOUGLAS ST
■
w
a
w
4.LEY w
9250 w
Neighborhood Link
Unclassified
Alley
Residential Link Feet
Planning Area 0 75 150 300 450 600
' - - Fayetteville City Limits 1:2,400
RZN-2022-0039
EXHIBIT 'A'
y�R I-1
mn
0
M
6
�n
I�
lx
!
! �
Sou11 ,
erfl�
0
n
e7 ,
M
,r
NORTH
Zoning Acres
RI-U 0.7
Total 0.7
RZN-2022-0039
EXHIBIT 'B'
W 215 FT OF THE SO 140 FT OF LOT 25 FURTHER DESCRIBED FROM 2020-43870 AS:
Part of Lot Twenty-five (25) in Block Three (3) of Arch ias-Bushnell Addition to the City of Fayetteville,
Washington County, Arkansas, as shown on plat record "4" at page 10, being more particularly described
as follows, to -wit: Beginning at the Southwest corner of said Lot Twenty-five (25) and running thence
along the West line thereof North 00 degrees 41 minutes 20 seconds East 141.34 feet, thence leaving
said West line South 89 degrees 14 minutes 35 seconds East 215.07 feet, thence South 00 degrees 54
minutes 17 seconds West 141.34 feet to the South line of said Lot Twenty-five (25), thence along said
South line North 89 degrees 14 minutes 35 seconds West 214.53 feet to the point of beginning,
containing 0.70 acres, more or less.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0788
Agenda Date: 9/20/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
RZN 22-039 (726 W. TAYLOR STBDM REALTY LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-039 LOCATED AT 726 WEST TAYLOR STREET IN WARD 2 FOR APPROXIMATELY 0.70
ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 912212022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0788
Legistar File ID
9/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/2/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC, 444): Submitted by GAVIN SMITH CIVIL
ENGINEERING for property located at 726 W. TAYLOR ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL
MULTI -FAMILY - FORTY UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the
property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 20, 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: September 2, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC, 444):
Submitted by GAVIN SMITH CIVIL ENGINEERING for property located at 726 W.
TAYLOR ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI-
FAMILY - FORTY UNITS PER ACRE and contains approximately 0.70 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and 'B'.
BACKGROUND:
The subject property is in central Fayetteville, two blocks north of the University of Arkansas main
campus, on the north side of W. Taylor Street at the midblock between N. Whitham and N.
Leverett Avenues. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre and
totals roughly 0.70 acres. The site is currently developed with three multi -family structures, each
containing six units, which were built in 1960 according to Washington County property records.
Request: The request is to rezone the property from RMF-40, Residential Multi -family, 40 Units
per Acre to RI-U, Residential Intermediate -Urban. The applicant says the rezoning is compatible
due to the surrounding mix of uses and proximity to the University of Arkansas.
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.
Along the block and further afield the surrounding properties include a mix of residential dwelling
types, densities, and lot configurations. Rezoning to RI-U reduces the entitlements for permitted
housing types in that Use Unit 26, Multi -family dwellings is a permitted use. Consequently,
rezoning to RI-U will bring the three existing multi -family structures out of compliance with zoning
regulations. The buildings can remain but could not be enlarged in volume, area, or footprint. All
other by -right uses allowed under RI-U zoning are identical to RMF-40. RI-U allows multi -family
dwellings as a conditional use and otherwise allows similar conditional uses apart from Use Unit
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
11, Manufactured Home Park and Use Unit 25, Professional Offices which are allowed in RMF-
40. Despite RI-U having lesser entitlements the rezoning should not be characterized as a
downzoning. RI-U has no density limitation and flexible bulk and area requirements when
compared to RMF-40. Staff finds that the property's modest size and protections in the
development code for parking, tree preservation, and drainage will serve to limit the scale of a
future development. Lastly, re -development of the site would likely bring improvements to W.
Taylor Street like what occurred to the east in the mid-1980s. Currently W. Taylor Street is a
partially improved Residential Link Street with a roughly 15-foot asphalt paved width and curbs.
Staff finds the rezoning is appropriate and justified given the property's access to essential City
infrastructure, proximity to the University of Arkansas campus, non-residential services, and City
park and trail 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 RMF-40 to RI-U would not
detract from City Plan 2040 goals #1 — Appropriate Infill and 4 — Grow a Livable Transportation
Network. Instead rezoning to a district with flexible bulk and area regulations and an unlimited
density cap may support additional residential development on a property which scores high on
the Infill Scoring Matrix. Further, the University of Arkansas campus is within walking distance to
the south. Nearby transit routes and trail amenities encourage future residents to utilize non -
motorized transportation. Lastly, the rezoning aligns with the City Neighborhood designation on
the Future Land Use Map. The property is situated on the mid -block where dense residential
development is typical and preferred. The presence of a high intersection density suggests there
is ample connectivity to distribute both vehicle and non -motorized traffic generated from the site.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 9 attributes for this site
that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• 4 Minute Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8-inch main, W. Taylor Street)
Near Water Main (2-inch main, W. Taylor Street)
Near Public School (Leverett Elementary School)
• Near City Park (Wilson Park)
• Near City Trail (Razorback Greenway, W. Douglas Street Marked Shared Roadway,
Maple Street Cycletrack, N. Garland Avenue Side -Path Trail)
Near Razorback Bus Stop (Route 26 Peak)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections per square mile)
DISCUSSION:
At the August 22, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to
City Council with a recommendation of approval. Commissioner Garlock made the motion and
Commissioner Winston seconded. No members of the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0039
726 W. TAYLOR
ST.
Close Up View
C-2
C-1
T
N I-1
m�
0
N
r
C'>
¢
m
A
CLEVEL AND ST
I
CLEVEL•AND ST
eV,
ec oc
�cor� e
PRIVATE
IV TE
.�
ALLEY•675
Subject Property
RMF-
RMF-24
CARAWAY•ST
o �
N
e�
!L
O
w
>
Q
u
N
TAYLOR-ST
w
a
oG
,u'
O
'
co
J
G �
a
DOUGLAS ST
m
w
a
w
ALLEY
w
925
J
NORTH
Neighborhood Link
Zoning Acres
Unclassified
RI-U 0.7
Alley
Feet
Residential Link
r ' Planning Area
0
75 150 300 450
600
! - - Fayetteville City Limits
1 :2,400
Total 0.7
W 215 FT OF THE SO 140 FT OF LOT 25 FURTHER DESCRIBED FROM 2020-43870 AS:
Part of Lot Twenty-five (25) in Block Three (3) of Archias-Bushnell Addition to the City of Fayetteville,
Washington County, Arkansas, as shown on plat record "4" at page 10, being more particularly described
as follows, to -wit: Beginning at the Southwest corner of said Lot Twenty-five (25) and running thence
along the West line thereof North 00 degrees 41 minutes 20 seconds East 141.34 feet, thence leaving
said West line South 89 degrees 14 minutes 35 seconds East 215.07 feet, thence South 00 degrees 54
minutes 17 seconds West 141.34 feet to the South line of said Lot Twenty-five (25), thence along said
South line North 89 degrees 14 minutes 35 seconds West 214.53 feet to the point of beginning,
containing 0.70 acres, more or less.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: August 22, 2022
SUBJECT: RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC,
444): Submitted by GAVIN SMITH CIVIL ENGINEERING for property
located at 726 W. TAYLOR ST. The property is zoned RMF-40,
RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE and contains
approximately 0.70 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE - URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0039 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
`7 move to forward RZN-2022-0039 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is in central Fayetteville, two blocks north of the University of Arkansas main
campus, on the north side of W. Taylor Street at the midblock between N. Whitham and N.
Leverett Avenues. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre and
totals roughly 0.70 acres. The site is currently developed with three multi -family structures, each
containing six units, which were built in 1960 according to Washington County property records.
Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
RMF-40, Residential Multi -family, 40 Units per Acre
South
Chi Alpha Ministries/Two-family Residential
RMF-40, Residential Multi -family, 40 Units per Acre
East
Multi -family Residential
RMF-40, Residential Multi -family, 40 Units per Acre
West
Multi -family Residential
RMF-40, Residential Multi -family, 40 Units per Acre
Request: The request is to rezone the property from RMF-40, Residential Multi -family, 40 Units
per Acre to RI-U, Residential Intermediate -Urban. The applicant says the rezoning is compatible
due to the surrounding mix of uses and proximity to the University of Arkansas.
Public Comment: Staff has received no public comment regarding this request.
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 1 of 14
INFRASTRUCTURE:
Streets: The subject property has frontage along W. Taylor Street. W. Taylor Street is a
partially -improved Residential Link street with asphalt paving, 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. An existing two-inch water main
is present on the south side of W. Taylor Street.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present in the alley in the northwest corner of the property.
Drainage: The property is not within the Hillside -Hilltop Overlay District, a FEMA-designated
floodplain, streamside protection zone, nor are hydric soils are present on site. Any
additional improvements or requirements for drainage will be determined at time
of development.
Fire: Station 2, located at 726 W. Taylor Street protects this site. The property is located
approximately 0.5 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 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, RI-U, Residential Intermediate -Urban, requires 15%
minimum canopy preservation. The current zoning district, RMF-40, Residential
Multi -family, 40 Units per Acre, 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 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
9 for this site with a weighted score of 12. The following elements of the matrix contribute to the
score:
• 4 Minute Fire Response (Station #2, 726 W. Taylor Street)
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 2 of 14
• Near Sewer Main (8-inch main, W. Taylor Street)
• Near Water Main (2-inch main, W. Taylor Street)
• Near Public School (Leverett Elementary School)
• Near City Park (Wilson Park)
• Near City Trail (Razorback Greenway, W. Douglas Street Marked Shared Roadway,
Maple Street Cycletrack, N. Garland Avenue Side -Path Trail)
• Near Razorback Bus Stop (Route 26 Peak)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections per square mile)
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. Along the block and further afield the surrounding
properties include a mix of residential dwelling types, densities, and lot
configurations. Rezoning to RI-U reduces the entitlements for permitted
housing types in that Use Unit 26, Multi -family dwellings is a permitted use.
Consequently, rezoning to RI-U will bring the three existing multi -family
structures out of compliance with zoning regulations. The buildings can
remain but could not be enlarged in volume, area, or footprint. All other by -
right uses allowed under RI-U zoning are identical to RMF-40. RI-U allows
multi -family dwellings as a conditional use and otherwise allows similar
conditional uses apart from Use Unit 11, Manufactured Home Park and Use
Unit 25, Professional Offices which are allowed in RMF-40. Despite RI-U
having lesser entitlements the rezoning should not be characterized as a
downzoning. RI-U has no density limitation and flexible bulk and area
requirements when compared to RMF-40. Typically, unique features of the
property, such as its modest size, and protections in the development code
for parking, tree preservation, and drainage regulations serve to limit the
scale of a future development. Staff finds the rezoning is appropriate and
justified given the property's access to essential City infrastructure,
proximity to the University of Arkansas campus, non-residential services,
and City park and trail 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 RMF-40 to RI-U would not detract from City Plan 2040 goals
#1 — Appropriate Infill and 4 — Grow a Livable Transportation Network.
Instead rezoning to a district with flexible bulk and area regulations and an
unlimited density cap may support additional residential development on a
property which scores high on the Infill Scoring Matrix. Further, the
University of Arkansas campus is within walking distance to the south.
Nearby transit routes and trail amenities encourage future residents to utilize
non -motorized transportation. Lastly, the rezoning aligns with the City
Neighborhood designation on the Future Land Use Map. The property is
situated on the mid -block where dense residential development is typical
and preferred. The presence of a high intersection density suggests there is
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 3 of 14
ample connectivity to distribute both vehicle and non -motorized traffic
generated from the site.
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-U. Consistency with the Future Land Use Map and City Plan 2040's goals
suggest a rezoning to a district that allows limited development at this
location is suitable and justified. RI-U offers a flexible development pattern
which may facilitate development of a property with a high infill score.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds rezoning the property to RI-U carries an associated potential to
increase traffic at this location. The impact though is not expected to be
detrimental in terms of danger and congestion. The subject property has
direct access to W. Taylor Street, a Residential Link Street. One accident has
been recorded on the block from 2017 to 2021. Staff finds the 0.70 acre lot
area will limit the amount of additional traffic to a level that is safe and
appropriate. Nearby access to trails and transit stops also offer alternative
modes that would help to offset traffic effects. Any new development would
be required to improve the property's frontage to the 2040 Master Street Plan
requirements, including 6-foot-wide greenspaces and sidewalks, which
would complement the non -motorized transportation network.
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 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-2022-0039 to City
Council with a recommendation of approval.
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 4 of 14
(PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2022 O Tabled O Forwarded O Denied
Motion:
Second:
Vote:
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.12 — RI-U, Residential Intermediate -Urban
o §161.17 — RMF-40, Residential Multi -family, 40 Units per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 5 of 14
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
(all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single &
Rear Other
Rear, from
Uses
Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 6 of 14
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427 , §§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
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 7 of 14
161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -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 CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre I Fort 40 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
ark
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two 2 family
3,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
1 acre
Planning Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 8 of 14
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
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/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 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. 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(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; 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, 6-18-13; 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 , §§5, 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
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 9 of 14
GAVIN SMITH
CIVIL ENGINEERING
August 10, 2022
From Gavin Smith, PE CFM To: Fayetteville Planning Staff
Gavin Smith Civil Engineering, LLC
393 N Allen St
Fayetteville, AR 72701
RE: Rezoning 726 W Taylor Street
Hello,
I am writing to request a rezoning of the above -mentioned project from the current zoning of RMF-40 to RI-U.
The proposed rezoning is compatible with the existing land use adjacent to the site and will not unreasonably
adversely affect the neighboring properties. The site is bordered on all sides by parking lots or dense multi -family
residential developments. The property is adjacent to the University of Arkansas, whose student population has
grown rapidly in recent years. This growth has caused a shortage of on -campus housing, forcing many students to
search for off -campus housing in the surrounding neighborhoods. The proposed rezoning will allow for additional
housing, directly adjacent campus, and would positively affect the surrounding properties.
Please let me know if I can provide any further information.
Thank You,
Gavin Smith PE
www.grsmithcivilengineering.com (479) 93flNI414ng Commission
August 22, 2022
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 10 of 14
RZN-2022-0039
One Mile View
wF
°�NcroN
726 W. TAYLOR ST.
0 0.13 0.25 0.5 Miles
� I-1
C-1
• W
InO T41 CT W
Subject Property
RI-U ra
i
CLEVELAND STI � •
Regional Link
Neighborhood Link
Institutional Master Plan
Regional Link - High Activity
Urban Center
— Unclasaifed
— Alley
— Residential Link
w Shared -Use Paved Trail
— Trail (Proposed)
r Design Overlay District
` Fayetteville City Limits
r= Planning Area
P-1
Q
<Lits
Pla_ _ _
Fay
NC
STr
ORTH
Zoning
MI-1 GI-11 lnauatriel
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
III NS-G
E-1
III RI-u
COMMERCIAL
ResltleniiaFOfice
S-L
M ks-L
� Gi
�ResltleMlal-�dWIW21
�G-2
RSF-.a
�C3
RSF-1
FORM BASED DISTRICTS
Re-
Dow1-1 Core
RSF1
Urban ThomugNs.
RSF-]
..in... Center
RSF-a
MDs r_r, General
RSF-1a
Illy commanlry Services
RESIDENTIAL MULTI -FAMILY
NeighborM1ooa sarvices
RMF-e
III NeigM1borM1ootl Conservation
RMF-tz
PLANNEDZONING DISTRICTS
RMF-19
Commercial, Intlusrnal, Resltlentlal
M RMF-2a
INSTITUTIONAL
IIII� RMF-0g
INDUSTRIAL
Running Commissi
I-1 Heavy Commercal and Light Indus n
2
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 11 of 14
RZN-2022-0039
Close Up View
D ST
T
ALL
Neighborhood Link
Unclassified
Alley
Residential Link
r ' Planning Area
! _ _ Fayetteville City Limits
726 W. TAYLOR ST.
C
m
CLEVEL•AND ST
w
TAYLOR.ST Q
ELM
x
x
DOUGLAS ST
IC
r
-n
d
ee
GrVK
Sou\\ , Ctov
1 `G0C�r- s�
1
n '
m
o■
w 11
a
w
X
w
rNAOTH
I I Zoning Acres
RI-12 0.7 1
Feet
0 75 150 300 450 600
1:2,400 Total 0.7
Planning Comm
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 12 of 14
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 13 of 14
RZN-2022-0039
Future Land Use
0
rn
f
w
J
� J
Q BERRY-ST
IL 111111111 1
726 W. TAYLOR ST.
am Ia
H
F-
w
w
> W I
a J--� v
EVELAND ST , Ca
o19r Subject Property
Q�
J
w
0
Z
J
ti
rn
ALL
EAGLE ST
Q PRIVATE 'ALL
Y 675 675 1
O I ■� ■
> I Q
r-
m
-11
�9
25
-----------------
i
Neighborhood Link
� Institutional Master Plan
� Urban Center
— Unclassified
— Alley
— Residential Link
� : i Planning Area
1 Fayetteville City Limits
Al
— — Trail (Proposed)
Design Overlay District
■
MAPLEST____-
Y
G
d Non -Municipal
Q Government
C�
II
ORTH
� �"11- ADAMS ST
• OV �
I■� .,� M HAWTHORN ST
Neighborhood
• n W • O >
LLJ
ft
•
G
m
WO-CLEBURN`-''—
�
�`
C9
Residential
N
Neighb
LATE°j
■
Feet
0 145 290 580 870
1:4,800
r LOUISE ST14
VIL v
)
71
n
1•v
>
O
� z w lb
tm
IF
� City Neighborhood
� Civic Institutional
� Civic and Private Open Space
Industrial
Natural
� Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban CenterPlanning Commis
Agenda Item 16
RZN-2022-0039 (BDM REALTY LLC)
Page 14 of 14
NORIMSr Axes
Democrat I# 0aft
F.^-. KII Te 7, FgIETiP3LE, FP, 7210: -179 4'2-l' 0 =..+Y 4N 015 IT - lcl4W Nn�40H.'IM1'
AFFIDAVIT OF PUBLICATION
I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville -Clerks Office
Ord. 6602
Was inserted in the Regular Edition on:
October 2, 2022
Publication Charges: $89.68
Paola Lopez
Subscribed and swom to before me
This 4 day of Ck�j- , 2022. Cathy Wiles
Benton COUNTY
NOTARY PUBLIC-ARKANSAS
My Commission Expires 02-20-2024
Notary Public r/Commission No. 12397118
My Commission Expires: 2I24/,
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
DESCRIaEDIN
PETITION UN 22-0"
ACRES
OHM
,mrs A,.b Muno tram W
O Iiel Muni-EmI ly.40 Unix
I to RI-U, RRiacmW
di su m
2: Thaz Ne CiWC.H.fax
Ou 2,2022
A unl*&S