HomeMy WebLinkAboutOrdinance 6604RZN-2022-0032
Close Up View
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Urban Center
Alley
Residential Link
- - - Trail (Proposed)
j.._ Design Overlay District
Planning Area
Fayetteville City Limits
115 S UNIVERSITY AVE I RZN.2022-0032
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Feet
0 75 150 300 450 600
1:2,400
Zoning
Acres
MSC
0.6
Total
0.6
RZN-2022-0032
EXHIBITS'
REZONE DESCRIPTION:
16 - 16 - 30
LOT 21 IN BLOCK 4 OF PUTMAN'S ADDITION, SUBDIVISION: 07320 NE % OF THE SW % OF SECTION 16
AND
LOT 20 AND THE N %2 OF LOT 19 IN BLOCK 4 OF PUTMAN'S ADDITION
AND
THE W %2 OF THE S %z OF LOT 19 BLOCK 4 OF PUTMAN'S ADDITION
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0793
Agenda Date: 9/20/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
RZN 22-032 (115 & 121 S. UNIVERSITY AVE./ROBSON):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-032 LOCATED AT 115 AND 121 SOUTH UNIVERSITY AVENUE IN WARD 2 FOR
APPROXIMATELY 0.60 ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER
ACRE TO DG, DOWNTOWN GENERAL
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 DG, Downtown
General.
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
City of Fayetteville Staff Review Form
2022-0793
Legistar File ID
9/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 9/2/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON, 522): Submitted by MARCIA ROBSON for
property located at 115 & 121 S. UNIVERSITY AVE. in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI-
FAMILY, 40 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to MSC,
MAIN STREET CENTER.
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 20, 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: September 2, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON, 522):
Submitted by MARCIA ROBSON for property located at 115 & 121 S.
UNIVERSITY AVE. in WARD 2. The property is zoned RMF-40, RESIDENTIAL
MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.60 acres.
The request is to rezone the property to MSC, MAIN STREET CENTER.
RECOMMENDATION:
City Planning staff recommend denial of a request to rezone the subject property as described
and shown in the attached Exhibits `A' and `B'. The Planning Commission recommend approval
to rezone the subject property to DG, Downtown General.
BACKGROUND:
The subject property is located near downtown Fayetteville approximately 800 feet south of West
Center Street on the west side of South University Avenue. The property contains two parcels
totaling 0.60 acres and three single-family dwellings which were built between 1936 and 1950. A
slope in excess of 15% is present on site, though no portion of the property is located within the
Hillside/Hilltop Overlay District.
Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units
per Acre to MSC, Main Street/Center. The applicant has stated that rezoning the property to MSC
would allow them to split the existing dwelling units onto individual lots, and it would provide
greater flexibility in land uses.
Public Comment: Staff received one phone call from a neighbor who expressed their support for
the applicant's request and inquired about rezoning their property to MSC as well.
Land Use Compatibility: Staff finds the proposed zoning to be somewhat compatible with
surrounding land uses. MSC, Main Street/Center is a zoning district that is intended to be more
spatially compact than other districts such as DG or NC, with multi -story buildings that
accommodate a mix of land uses such as apartments or offices above shops. The existing RMF-
40 zoning district is primarily intended to protect existing high -density multi -family development
and to encourage additional development of that type where desirable. The subject property is
located mid -block along an unimproved street with alley access and is surrounded by a variety of
single- and multi -family residences. Since the subject property is situated in a neighborhood that
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
has an established low -density residential character, staff finds that a rezoning to MSC, which
would allow for increased density and nonresidential uses, may not be appropriate at this time.
The current RMF-40 zoning district is fairly permissive as it allows up to 24 dwelling units on the
property and building heights of up to five stories, though only residential land uses are allowed
by right. By comparison, the MSC zoning district has no density limitation and allows building
heights of up to seven stories as well as a variety of nonresidential and commercial land uses
such as restaurants, retail, and auto repair shops. While both zoning districts allow for
development that is out of scale with the surrounding neighborhood, staff finds that a rezoning
would not be suitable in this instance since it would allow for a variety of nonresidential land uses
that are not directly compatible with the area.
However, the applicant is pursuing a rezoning to MSC in order to have the reduced setbacks and
lot width necessary to split their property so that each house can be on an individual lot. Currently,
the RMF-40 zoning district requires a minimum lot width of 30 feet for single-family dwellings and
a side setback of five feet. The proposed MSC zoning district requires a minimum lot width of 18
feet for single-family dwellings and has no side setback. Staff finds that there are alternatives
available to the applicant that would allow them to subdivide their property as desired without
needing to rezone to MSC. Other zoning districts such as RI-U and DG would allow for reduced
lot widths, and DG, which is less permissive in terms of land use, has the same setback
regulations as MSC. Creating a tandem lot is another option available to the applicant.
Land Use Plan Analysis: Staff finds the proposed zoning to be somewhat inconsistent with the
City's land use planning objectives, principles, and policies. While the property has a high infill
score of 12 and is near public services, the existing RMF-40 zoning district would allow for
appropriate residential infill. A rezoning to MSC has the potential to introduce nonresidential uses
mid -block along an unimproved street, University Avenue, which is set to become a dead-end
with the closure of the railroad crossing to the south. Thus, any new development is not likely to
result in increased connectivity.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" main, South University Avenue)
• Near Water Main (6" main, East Spring Street)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Main Campus
• Near City Park (Fay Jones Woods)
Near Paved Trail (Frisco Trail)
Near ORT Bus Stop (Route 20)
• Near Razorback Transit (Route 13)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections/square mile)
DISCUSSION:
At the August 22, 2022 Planning Commission meeting, a vote of 6-1-0 forwarded this request to
City Council with a recommendation to rezone the property to DG, Downtown General.
Commissioner Johnson made the motion and Commissioner McGetrick seconded. While
commissioners expressed few concerns about the applicant's request to rezone to MSC, they
voted to forward the request with a recommendation to rezone to DG since that zoning district is
less permissive in terms of land use and still provides the lot width and setbacks desired by the
applicant. Commissioner Garlock, voting in opposition, expressed concerns about MSC and DG
not having a residential density limitation. No public comment was offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0032 115 S UNIVERSITY AVE
Close Up View
TREADWEL•L
-
PUTMAN•ST
"1114
WI
Q
STONE-ST— :-
IL 4 1 I
Urban Center
Alley
Residential Link
- - - Trail (Proposed)
— Design Overlay District
Planning Area
Fayetteville City Limits
E-ST
0 75 150
Subject Property
Feet
300
1:2,400
I-1
RSF-4
sill
6100M.-
450
•11
RZN-2022-0032
EXHIBIT 'A'
P-1
Zoning Acres
MSC 0.6
Total 0.6
RZN-2022-0032
EXHIBITS'
REZONE DESCRIPTION:
16-16-30
LOT 21 IN BLOCK 4 OF PUTMAN'S ADDITION, SUBDIVISION: 07320 NE % OF THE SW % OF SECTION 16
AND
LOT 20 AND THE N %2 OF LOT 19 IN BLOCK 4 OF PUTMAN'S ADDITION
WAD
THE W %2 OF THE S %2 OF LOT 19 BLOCK 4 OF PUTMAN'S ADDITION
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: August 22, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON,
522): Submitted by MARCIA ROBSON for property located at 115 & 121
S. UNIVERSITY AVE. The property is zoned RMF-40, RESIDENTIAL
MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.60
acres. The request is to rezone the property to MSC, MAIN STREET
CENTER.
RECOMMENDATION:
Staff recommends denial of RZN-2022-0032 based on the findings herein.
RECOMMENDED MOTION:
"1 move to deny RZN-2022-0032."
BACKGROUND:
The subject property is located near downtown Fayetteville approximately 800 feet south of West
Center Street on the west side of South University Avenue. The property contains two parcels
totaling 0.60 acres and three single-family dwellings which were built between 1936 and 1950. A
slope in excess of 15% is present on site, though no portion of the property is located within the
Hillside/Hilltop Overlay District. Surrounding land uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
RMF-40, Residential Multi -Family, 40 Units per Acre
South
Single -Family Residential
RMF-40, Residential Multi -Family, 40 Units per Acre
East
Single -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 MSC, Main Street/Center. The applicant has stated that rezoning the property to MSC
would allow them to split the existing dwelling units onto individual lots, and it would provide
greater flexibility in land uses.
Public Comment: Staff received one phone call from a neighbor who expressed their support for
the applicant's request and inquired about rezoning their property to MSC as well.
INFRASTRUCTURE:
Streets: The subject property has frontage along South University Avenue, a partially -
improved Urban Center street with asphalt paving and open ditches. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing six-inch water main is
present in the center of South University Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present on the west side of South University Avenue.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a streamside protection zone, and no FEMA-designated floodplains or hydric soils
are present. Any additional improvements or requirements for drainage would be
determined at the time of development.
Fire: Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.40 miles from the fire station with an anticipated drive time of
approximately two minutes using existing streets. The anticipated response time
would be approximately 4.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department did not comment on this request.
Tree Preservation:
The requested zoning district, MSC, Main Street/Center, requires 10% 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 mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types from single-family to multi -family.
Nonresidential 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 of 12 for this
site with a weighted score of 15.5. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" main, South University Avenue)
0 Near Water Main (6" main, East Spring Street)
• Near Grocery Store (Walmart Neighborhood Market)
• Near Public School (Fayetteville High School)
• Near U of A Main Campus
• Near City Park (Fay Jones Woods)
• Near Paved Trail (Frisco Trail)
• Near ORT Bus Stop (Route 20)
• Near Razorback Transit (Route 13)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections/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 proposed zoning to be somewhat
compatible with surrounding land uses. MSC, Main Street/Center is a zoning
district that is intended to be more spatially compact than other districts
such as DG or NC, with multi -story buildings that accommodate a mix of land
uses such as apartments or offices above shops. The existing RMF-40
zoning district is primarily intended to protect existing high -density multi-
family development and to encourage additional development of that type
where desirable. The subject property is located mid -block along an
unimproved street with alley access and is surrounded by a variety of single -
and multi -family residences. Since the subject property is situated in a
neighborhood that has an established low -density residential character,
staff finds that a rezoning to MSC, which would allow for increased density
and nonresidential uses, may not be appropriate at this time. The current
RMF-40 zoning district is fairly permissive as it allows up to 24 dwelling units
on the property and building heights of up to five stories, though only
residential land uses are allowed by right. By comparison, the MSC zoning
district has no density limitation and allows building heights of up to seven
stories as well as a variety of nonresidential and commercial land uses such
as restaurants, retail, and auto repair shops. While both zoning districts
allow for development that is out of scale with the surrounding
neighborhood, staff finds that a rezoning would not be suitable in this
instance since it would allow for a variety of nonresidential land uses that
are not directly compatible with the area.
However, the applicant is pursuing a rezoning to MSC in order to have the
reduced setbacks and lot widths necessary to split their property so that
each dwelling can be on an individual lot. Currently, the RMF-40 zoning
district requires a minimum lot width of 30 feet for single-family dwellings
and a side setback of five feet. The proposed MSC zoning district requires a
minimum lot width of 18 feet for single-family dwellings and has a side
setback of zero feet. Staff finds that there are alternatives available to the
applicant that would allow them to subdivide their property as desired
without needing to rezone to MSC. Other zoning districts such as RI-U and
DG would allow for reduced lot widths, and DG, which is less permissive in
terms of land use, has the same setback regulations as MSC. Creating a
tandem lot is another option available to the applicant.
Land Use Plan Analysis: Staff finds the proposed zoning to be somewhat
inconsistent with the City's land use planning objectives, principles, and
policies. While the property has a high infill score of 12 and is in close
proximity to public services, the existing RMF-40 zoning district would allow
for appropriate residential infill. A rezoning to MSC has the potential to
introduce nonresidential uses mid -block along an unimproved street,
University Avenue, which is set to become a dead-end with the closure of
the railroad crossing to the south. Thus, any new development is not likely
to result in increased connectivity.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed zoning is not needed at this time. The current
zoning of RMF-40 is fairly permissive in terms of setbacks, lot widths, and
residential density, and a rezoning to MSC would allow for increased
buildings heights and nonresidential uses in an established low -density
residential neighborhood. While the applicant has stated that a rezoning is
needed in order to subdivide the property, staff finds that there are more
compatible alternatives available such as creating a tandem lot or requesting
a lower -intensity zoning.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: The proposed zoning is not likely to create or appreciably increase traffic
danger or congestion when compared to the existing zoning. Residential
uses have firm parking requirements with some permitted reductions while
nonresidential uses have no minimum parking requirement. So, any new
residential development, whether under the current or proposed zoning,
would have the potential to impact traffic danger or congestion. While the
subject property has frontage along University Avenue, an unimproved
Urban Center street, the property also has direct access to an alley and any
new development could improve urban form and traffic safety by rear -
loading parking and removing the existing non -conforming spaces along
University Avenue. 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 RMF-40 to MSC has the potential to increase
population density when considering that MSC does not have a residential
density limitation. However, given the size of the property and the City's
parking, tree preservation, and stormwater ordinance, any new residential
development, whether under the current or proposed zoning, is likely to be
limited and not have an adverse impact on public services. 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 denial of RZN-2022-0032.
PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2022 O Tabled Zl Forwarded O Denied
with a recommendation
Motion: Johnson to rezone to DG,
Downtown General
Second: McGetrick
Vote: 6-1-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.17 —District RMF-40, Residential Multi -Family —Forty (40) Units Per Acre
o §161.27 — Main Street/Center
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
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
park
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three or more
1 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
(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."
161.27 Main Street/Center
(A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more
spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood
Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as
apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are
appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily
residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial
zone.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 13
Eating places
Unit 14
Hotel, motel, and amusement facilities
Unit 16
Shopping goods
Unit 17
Transportation trades and services
Unit 19
Commercial recreation, small sites
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 26
Multi -family dwellings
Unit 34
Liquor stores
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 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 28
Center for collecting recyclable materials
Unit 29
Dance halls
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 (all unit types) 18 feet
(2) Lot Area Minimum. None.
(E) Setback Regulations.
Front
A build -to zone that is located
between the front property line
and a line 25 feet from the front
property line.
Side
None
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Minimum Buildable Street Frontage. 75% of lot width.
(G) Building Height Regulations.
Building Height Maximum 5 stories/7 stories*
A building or a portion of a building that is located between 0 and 15 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a
building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum
height of seven (7) stories.
(Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; 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. 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."
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UNIVERSITY
ANIORDIN ORDINANCETO REDONE
AN ORDINANCE TO REZONE THA'
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PROPERTY DESCRIBED IN
REZONING PETITION RZN 224)32
LOCATED AT 115 AND 121 SOUTH
UNIVERSITY AVENUE IN WARD 2
FOR APPROMMATELY Ob0 ACRE:
AFFIDAVIT OF PUBLICATION
FROM RMF�,RESIDENTIAL
MULTIFAMILY, 40 UNITS PER
ACRE TO DO. DOWNTOWN
I, Paola Lo a do solemnly swear that I am the Accounting Legal Clerk of the
P z+ Y g g
GENERAL
BE ITORDAINED BY THE CRY
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
COUNCIL OF THE CITY OF
in said County, State of Arkansas; that I was so related to this
tY+
FAYErTEVILLE, ARKANSAS:
published
P
Seclionl: That Om CityCourniloftic
publication at and during the publication of the annexed legal advertisement
City °f F. noti k Arknnrs kreby
the matter of: Notice pending in the Court, in said County, and at the dates of
chSnga Oc mne davificAimm�ofac
Plopaty sho+en on We SAEIExklbA)
the several publications of said advertisement stated below, and that during said
aSe uA les.1 desai°fion rlsnikl en
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
440, ResMint Multi Fmly, 40 Uninl
published in said County, and had a bona fide circulation therein for the period of
ott� 2 o W, Duk°WC'i'ry CUW. e
one month before the date of the first publication of said advertisement; and that
City offty ° Bk A nt InmE
said advertisement was published in the regular dail Issues of said newspaper
PY P Per
C11y of ,, °jj mi
CityofF Loom 1. zonin,
as stated below.
vidodin
PASSED k se vnn 1.
end APPROVED on
and
9=02
92W1022
City of Fayetteville -Clerks Office
APPmeed:
Ord. 6604
Untold Jordan, Mayor
A=
Km Paxton, City Ckrk Tuamer
Was inserted in the Regular Edition on:
c or � �r y � of
eskibliontion
October 2, 2022
Fnyme.ak. ArkeASs. Amaum P.Id: s
75.E
756os105 00.2. zozz
Publication Charges: $89.68
Paola Lopez
Subscribed and sworn to before me Cathy Wiles
This 4 day of , 2022. Benton COUNTY
NOTA,/ PU@LI7-
My Con
W O Con,
Notary Public ��
My Commission Expires: 2-I 2,4
"NOTE"
Please do not pay from Affidavit.
Invoice will be sent.