HomeMy WebLinkAboutOrdinance 6609Doc 10: 020]9664000: Type: REL
Klnd: ORDINANCE
Recorded: 1C/ tpage at 09:41:16 AN
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Washta,tan County, AR
Kyle,,
Clrcult Clerk
Flle2022-00034460
113 West Mountain Street
Fayetteville, AR 72701
(479)575-6323
Ordinance: 6609
File Number: 2022-0787
RZN 22-037: (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING
CONSTRUCTION LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-037 LOCATED SOUTHEAST OF WEST 18TH STREET AND WEST CUSTER LANE
IN WARD 1 FOR APPROXIMATELY 3.10 ACRES FROM RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE AND C-I, NEIGHBORHOOD COMMERCIAL 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-24, Residential Multi -Family, 24
Units Per Acre and C-L Neighborhood Commercial 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.
PASSED and APPROVED on 10/4/2022
Ppe 1 PrInw. feNP2
Ordinance: 6609
File Number: 2022-0787
Approved:
Attest:
Lioneld Jord , M yor Kara Paxton, City Clerk Treasurer
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Page 2 Printed on 1015122
RZN-2022-0037 W. 18TH ST & W. CUSTER LN. RZN-2022-0037
Close Up View EXHIBIT 'A'
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18TH ST
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Subject Property
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RMF-24
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NORTH
�. Neighborhood Link Zoning Acres
Freeway]Expressway
Residential Link RI-U 3.1
Hillside -Hilltop Overlay District
- Trail (Proposed) Feet
I� � Design Overlay District
:y Planning Area 0 75 150 300 450 600
! Total 3.1
Fayetteville City Limits � .2,400
RZN-2022-0037
EXHIBITS'
PARCEL #765-04067-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE
SOUTHEAST CORNER OF LOT 6, BLOCK 1, RED ARROW NO. 2
SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 234, AND RUNNING
THENCE ALONG THE EAST LINE OF BLOCK 1 OF SAID SUBDIVISION
NO2°29'30"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS
#1005 MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 1 AT A
DISTANCE OF 178.36', CONTINUING A DISTANCE OF 89.23' TO A FOUND
1/2" CAPPED REBAR PLS #1005 MARKING THE NORTHEAST CORNER OF
LOT 4, BLOCK 1 AND CONTINUING FOR A TOTAL DISTANCE OF 271.71'
TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID
EAST LINE S87°13'09"E, PASSING THROUGH A FOUND 1/2" CAPPED
REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3,
BLOCK 1 AT A DISTANCE OF 19.93' AND CONTINUING FOR A TOTAL
DISTANCE OF 153.90' TO A FOUND 1/2" REBAR; THENCE NO2°34'49"E
133.66' TO A FOUND 1/2" REBAR; THENCE S87°14'48"E 129.52' TO A
FOUND 5/8" REBAR; THENCE S02o4l'l0"W 451.51' TO A FOUND 1/2"
REBAR LOCATED ON THE NORTH LINE OF LOT 12, BLOCK 1 OF SAID
SUBDIVISION, AND RUNNING ALONG SAID NORTH LINE N86°22'55"W,
PASSING THROUGH A FOUND 1/2" REBAR AT A DISTANCE OF 232.46'
AND CONTINUING FOR A TOTAL DISTANCE OF 238.73' TO A FOUND 1/2"
CAPPED REBAR PLS #1005; THENCE N42°54'14"W 60.97' TO THE POINT
OF BEGINNING, CONTAINING 2.425 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PARCEL #765-04068-000
PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE
SOUTHEAST CORNER OF LOT 3, BLOCK 1, RED ARROW NO. 2
SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 243, AND RUNNING
THENCE ALONG THE EAST LINE OF LOTS 2 AND 3, BLOCK 1, OF SAID
SUBDIVISION NO2°33'35'E 133.60' TO A FOUND 1/2" CAPPED REBAR PLS
#1005; THENCE LEAVING SAID EAST LINE S87°14'48"E 134.01' TO A
FOUND 1/2" REBAR; THENCE S02°34'49"W 133.66' TO A FOUND 1/2"
REBAR; THENCE N87°13'09"W 133.97' TO THE POINT OF BEGINNING,
CONTAINING 0.411 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS OF WAY OF RECORD.
PARCEL #765-09853-000
LOT 4, BLOCK 1, RED ARROW NO. 2, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 3, PAGE 243 OF THE PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS.
Washington County, AR
I certify this instrument was fled on
10/21/2022 09:41:16 AM
and recorded in Real Estate
File Number 2022-00034460
Kyle Sylvester - Circuit Clerk
by_e-� -. _........_-.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0787
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.4
RZN 22-037: (SE OF W.18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION
LLC):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-037 LOCATED SOUTHEAST OF WEST 18TH STREET AND WEST CUSTER LANE IN WARD 1
FOR APPROXIMATELY 3.10 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS
PER ACRE AND C-1, NEIGHBORHOOD COMMERCIAL 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-24, Residential Multi -Family, 24 Units Per Acre and C-1,
Neighborhood Commercial 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 101512022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0787
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-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC, 598):
Submitted by COMMUNITY BY DESIGN for property located SE OF W. 18TH ST & W. CUSTER LN in WARD 1. The
property is split -zoned RMF-24, RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS PER ACRE and C-1,
NEIGHBORHOOD COMMERCIAL and contains approx. 3.10 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-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN
LIVING CONSTRUCTION LLC, 598): Submitted by COMMUNITY BY DESIGN for
property located SE OF W. 18TH ST & W. CUSTER LN in WARD 1. The property
is split -zoned RMF-24, RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS
PER ACRE and C-1, NEIGHBORHOOD COMMERCIAL and contains approx.
3.10 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 southwest Fayetteville along W. Custer Lane, approximately 300 feet
south of its intersection with W. 181" Street. The property contains three lots totaling roughly 3.10
acres and is split -zoned RMF-24, Residential Multi -family - Twenty -Four Units per Acre and C-1,
Neighborhood Commercial. It is included in the Fayette Junction planning area. Aside from
overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy.
An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the eastern half
of the property. The stream is protected per the streamside protection ordinance and its
associated protection zone encumbers roughly half of the site. Each half of the property slopes
gradually to the stream channel.
Request: The request is to rezone the property from RMF-24, Residential Multi -family - Twenty -
Four Units per Acre and C-1, Neighborhood Commercial, to RI-U, Residential Intermediate -
Urban. The applicant has not submitted an associated development proposal but suggests the
rezoning will facilitate a development of single- and two-family dwellings on the property.
Public Comment: Prior to the August 22nd Planning Commission meeting staff received some
inquires and public comment on the item. No specific comments were offered in favor or
opposition to the subject request, though many were concerned about development of the
property in general. Neighbors had issues with the property's current zoning entitlements, limited
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
street frontage, the streamside protection zone, and a desire to maintain a portion of the existing
vegetation as a buffer. Several members of the public spoke during the Planning Commission
meeting. Specific development concerns were identified by neighbors but, again, comments were
not in favor or opposition to the subject request. Commenters spoke of the character of the
neighborhood — that residences are affordable and attainable for young families and those
affected by disabilities, the implication of the term "residential" as it applies to the existing zoning
and future land use map designation, narrow frontage on W. Custer Lane, additional traffic
associated with a potential future development, flooding and stormwater runoff, and natural
sensitivities on the property.
Land Use Compatibility: Staff finds the request to be mostly compatible with the neighboring land
uses. Except for a commercial building to the northwest and two- and four -family dwellings
immediately to the north, the subject property is surrounded entirely by single-family residences.
Rezoning to RI-U permits a variety of housing types but effectively reduces use entitlements
because Use Unit 26, Multi -family dwellings would no longer be a permitted use. All other by -right
uses allowed under RI-U zoning are identical to RMF-24. RI-U allows multi -family dwellings as a
conditional use and otherwise has similar conditional uses apart from Use Unit 11, Manufactured
Home Park and Use Unit 25, Professional Offices which are allowed in RMF-24 but not in RI-U.
Slightly over an acre of the northern extents of the property is currently zoned C-1 which is a
mostly commercial district allowing restaurants, neighborhood shopping, gas stations, and offices
by -right.
On the other hand, the bulk and area, and density regulations in RI-U are considerably different
than both current entitlements and the surrounding neighborhood. RI-U allows lots to be
developed with an 18-foot width, no lot area minimum, and no density limitation. RMF-24
prescribes lot width and area based on use, allowing a 35-foot minimum for single-family dwellings
up to a 70-foot minimum for multi -family dwellings. Single-family dwellings require a minimum lot
size of 3,000 square feet; for multi -family dwellings 7,000 square feet is required. As the name
suggests, development in RMF-24 zoning limits density to 24 units or fewer per acre. C-1 has no
bulk and area regulations or density limitations. Most of the surrounding neighborhood is zoned
RSF-4, Residential Single-family, Four Units per Acre which allows only single-family dwellings
by -right. Single family lots in RSF-4 properties require a 70-foot lot width, 8,000 square foot lot
area, and limit density to four units per acre. Staff finds that rezoning to RI-U provides flexible bulk
and area regulations and compatible housing types which may facilitate appropriate and
contextually sensitive development of the site. Tree canopy, hydric soils, a streamside protection
zone, and slopes exceeding 15% along the stream bank suggest a conservation -style subdivision
could perhaps be the highest appropriate use of the property. This development pattern is likely
more achievable in RI-U zoning considering the lot's narrow street frontage, approximately 90
feet, and overhead utility lines encumbering much, if not all, of its frontage.
Land Use Plan Analysis: Staff finds that the request is consistent with the Future Land Use Map
designation, adopted land use policies, and goals of City Plan 2040. The area is designated as a
Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Staff
finds two-, three-, and four -family dwellings as a permitted use is consistent with the future land
use designation. The infill score is moderate for the area, which indicates an intermediate zoning
district may be the most suitable. Since it is within a half -mile radius of the subject property, Finger
Park contributes to the score however, 1-49 separates the park from the subject property, and it
therefore is not an easily accessible amenity for residents. Staff finds that rezoning from the
current multi -family and commercial entitlements would better align a potential development
pattern with the accessible services. Lastly staff finds the rezoning contributes towards City Plan
2040 Goals #1 — Appropriate Infill, 2 — Discourage Suburban Sprawl, and 6 — Create Opportunities
for Attainable Housing.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 6-7 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Avenue)
• Near Sewer Main (W. Custer Lane)
• Near Water Main (W. Custer Lane)
• Near City Park (Finger Park)
• Near City Trail (Town Branch Trail; W. 18t" Street Bike Lane)
• Near ORT Bus Stop (Route 48 Peak, W. 15t" Street)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
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 Johnson made the motion and
Commissioner Brink seconded. Commissioner Sparkman suggested rezoning the property would
bring it into better alignment with the comments offered by the public. Commissioner McGetrick
agreed and felt existing easements would inhibit a dense development pattern. Commissioner
Johnson agreed. Commissioner Winston also spoke in support of the request, noting that it
aligned with the Fayette Junction Master Plan. Commissioner Garlock offered support for the
request but said he would not support variances, if they were requested, involving the protected
stream. Several members of the public spoke during the August 22nd Planning Commission
meeting. Their comments are summarized in the Public Comment section of the report above.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0037 W. 18TH ST & W. CUSTER LN.
Close Up View
` . Town gra
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18TH ST
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RMF-24 i
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2 NORTH
Neighborhood Link Zoning Acres
Freeway/Expressway
Residential Link RI-U 3.1
Hillside -Hilltop Overlay District
— — — Trail (Proposed) Feet
Design Overlay District
0 75 150 300 450 600
r _ Planning Area
_ Fayetteville City Limits 1 .2,400 Total 3.1
PARCEL #765-04067-000
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE
SOUTHEAST CORNER OF LOT 6, BLOCK 1, RED ARROW NO. 2
SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 234, AND RUNNING
THENCE ALONG THE EAST LINE OF BLOCK 1 OF SAID SUBDIVISION
NO2°29'30"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS
#1005 MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 1 AT A
DISTANCE OF 178.36', CONTINUING A DISTANCE OF 89.23' TO A FOUND
1/2" CAPPED REBAR PLS #1005 MARKING THE NORTHEAST CORNER OF
LOT 4, BLOCK 1 AND CONTINUING FOR A TOTAL DISTANCE OF 271.71'
TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID
EAST LINE S87°13'09"E, PASSING THROUGH A FOUND 1/2" CAPPED
REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3,
BLOCK 1 AT A DISTANCE OF 19.93' AND CONTINUING FOR A TOTAL
DISTANCE OF 153.90' TO A FOUND 1/2" REBAR; THENCE NO2°34'49"E
133.66' TO A FOUND 1/2" REBAR; THENCE S87°14'48"E 129.52' TO A
FOUND 5/8" REBAR; THENCE S02°41'10"W 451.51' TO A FOUND 1/2"
REBAR LOCATED ON THE NORTH LINE OF LOT 12, BLOCK 1 OF SAID
SUBDIVISION, AND RUNNING ALONG SAID NORTH LINE N86°22'55"W,
PASSING THROUGH A FOUND 1/2" REBAR AT A DISTANCE OF 232.46'
AND CONTINUING FOR A TOTAL DISTANCE OF 238.73' TO A FOUND 1/2"
CAPPED REBAR PLS #1005; THENCE N42°54'14"W 60.97' TO THE POINT
OF BEGINNING, CONTAINING 2.425 ACRES, MORE OR LESS. SUBJECT
TO EASEMENTS AND RIGHTS OF WAY OF RECORD.
PARCEL #765-04068-000
PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON
COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE
SOUTHEAST CORNER OF LOT 3, BLOCK 1, RED ARROW NO. 2
SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 243, AND RUNNING
THENCE ALONG THE EAST LINE OF LOTS 2 AND 3, BLOCK 1, OF SAID
SUBDIVISION NO2°33'36"E 133.60' TO A FOUND 1/2" CAPPED REBAR PLS
#1005; THENCE LEAVING SAID EAST LINE S87°14'48"E 134.01' TO A
FOUND 1/2" REBAR; THENCE S02°34'49"W 133.66' TO A FOUND 1/2"
REBAR; THENCE N87"13'09"W 133.97' TO THE POINT OF BEGINNING,
CONTAINING 0.411 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS
AND RIGHTS OF WAY OF RECORD.
PARCEL #765-09853-000
LOT 4, BLOCK 1, RED ARROW NO. 2, A SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT
BOOK 3, PAGE 243 OF THE PLAT RECORDS OF WASHINGTON COUNTY,
ARKANSAS.
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: August 22, 2022 (Updated with Planning Commission Results)
SUBJECT: RZN-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER
LN/SOUTHERN LIVING CONSTRUCTION LLC, 598): Submitted by
COMMUNITY BY DESIGN for property located SE OF W. 18TH ST & W.
CUSTER LN. The property is split -zoned RMF-24, RESIDENTIAL MULTI-
FAMILY - TWENTY-FOUR UNITS PERACRE and C-1, NEIGHBORHOOD
COMMERCIAL and contains approx. 3.10 acres. The request is to rezone
the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0037 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0037 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in southwest Fayetteville along W. Custer Lane, approximately 300 feet
south of its intersection with W. 18th Street. The property contains three lots totaling roughly 3.10
acres and is split -zoned RMF-24, Residential Multi -family - Twenty -Four Units per Acre and C-1,
Neighborhood Commercial. It is included in the Fayette Junction planning area. Aside from
overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy.
An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the eastern half
of the property. The stream is protected per the streamside protection ordinance and its
associated protection zone encumbers roughly half of the site. Each half of the property slopes
gradually to the stream channel. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Mixed -Density Residential
C-1, Neighborhood Commercial.
South
Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre; C-2,
Thoroughfare Commercial
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RMF-24, Residential Multi -family - Twenty -
Four Units per Acre and C-1, Neighborhood Commercial, to RI-U, Residential Intermediate -
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 1 of 19
Urban. The applicant has not submitted an associated development proposal but suggests the
rezoning will facilitate a development of single- and two-family dwellings on the property.
Public Comment: Staff has received some inquires and public comment on the rezoning but no
comments in favor or opposed to the specific request. Residents expressed opposition to the
property's current zoning entitlements, issues with the limited street frontage, the streamside
protection zone, and a desire to maintain a portion of the existing vegetation as a buffer.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the east side of W. Custer Lane. W. Custer
Lane is a partially improved Residential Link street with asphalt paving, curb and
gutter, but no sidewalks. Any street improvements required in these areas would
be determined at the time of development proposal.
Water: Public water is available to the subject area. An existing 6-inch water main is
present along the west side of W. Custer Lane.
Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is
present along the east side of W. Custer Lane. Another existing 8-inch sewer main
is present across the northern portion of the property.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 6, located at 990 S. Hollywood Avenue, protects this site. The property is
located approximately 0.9 miles from the fire station with an anticipated drive time
of approximately 2 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 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of 6 minutes for an engine and 8 minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property is within the Hillside -Hilltop Overlay District, nor does
the property lie within a FEMA floodplain.
Hydric soils are present on the subject property. They 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 is 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. Hydric soils are present throughout
the entirety of the subject property.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 2 of 19
A protected stream is present in the subject area. Streamside Protection Zones
generally consist of a protected area on each side of a stream or creek. This
protected area is meant to preserve woody vegetation and natural areas along
stream corridors to improve/protect stream health. At a minimum, the protected
area will be 50 feet wide as measured from the top of bank but, depending on the
shape and extent of the floodway, it could be substantially more. Certain
construction activities such as trails and some utilities are allowed in these zones,
but in general, improvements such as parking lots or buildings are prohibited. The
streamside protection area is present on the west side of the subject property. Any
additional improvements or requirements for drainage will be determined at time
of development.
Tree Preservation:
The proposed zoning district of RI-U requires 15% minimum canopy
preservation. The current zoning districts, RMF-24, Residential Multi -Family, 24
Units per Acre and C-1 Neighborhood Commercial require a 20% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood Area.
Residential Neighborhood Areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily
and accessory dwelling units. Residential Neighborhood encourages highly connected, compact
blocks with gridded street patterns and reduced building setbacks. It also encourages traditional
neighborhood development that incorporates low -intensity non-residential uses intended to serve
the surrounding neighborhoods, such as retail and offices, on corners and along connecting
corridors. This designation recognizes existing conventional subdivision developments which may
have large blocks with conventional setbacks and development patterns that respond to features
of the natural environment. Building setbacks may vary depending on the context of the existing
neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6-7 for this
site, with a weighted score of 8. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 6, 990 S. Hollywood Avenue)
• Near Sewer Main (W. Custer Lane)
• Near Water Main (W. Custer Lane)
• Near City Park (Finger Park)
• Near City Trail (Town Branch Trail; W. 18th Street Bike Lane)
• Near ORT Bus Stop (Route 48 Peak, W. 15th Street)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
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.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 3 of 19
Finding: Land Use Compatibility: Staff finds the request to be mostly compatible with
the neighboring land uses. Except for a commercial building to the
northwest and two- and four -family dwellings immediately to the north, the
subject property is surrounded entirely by single-family residences.
Rezoning to RI-U permits a variety of housing types but effectively reduces
use entitlements because Use Unit 26, Multi -family dwellings would no
longer be a permitted use. All other by -right uses allowed under RI-U zoning
are identical to RMF-24. RI-U allows multi -family dwellings as a conditional
use and otherwise has similar conditional uses apart from Use Unit 11,
Manufactured Home Park and Use Unit 25, Professional Offices which are
allowed in RMF-24 but not in RI-U. Slightly over an acre of the northern
extents of the property is currently zoned C-1 which is a mostly commercial
district allowing restaurants, neighborhood shopping, gas stations, and
offices by -right. On the other hand, the bulk and area, and density
regulations in RI-U are considerably different than both current entitlements
and the surrounding neighborhood. RI-U allows lots to be developed with an
18-foot width, no lot area minimum, and no density limitation. RMF-24
prescribes lot width and area based on use, allowing a 35-foot minimum for
single-family dwellings up to a 70-foot minimum for multi -family dwellings.
Single-family dwellings require a minimum lot size of 3,000 square feet; for
multi -family dwellings 7,000 square feet is required. As the name suggests,
development in RMF-24 zoning limits density to 24 units or fewer per acre.
C-1 has no bulk and area regulations or density limitations. Most of the
surrounding neighborhood is zoned RSF-4, Residential Single-family, Four
Units per Acre which allows only single-family dwellings by -right. Single
family lots in RSF-4 properties require a 70-foot lot width, 8,000 square foot
lot area, and limit density to four units per acre. Staff finds that rezoning to
RI-U provides flexible bulk and area regulations and compatible housing
types which may facilitate appropriate and contextually sensitive
development of the site. Tree canopy, hydric soils, a streamside protection
zone, and slopes exceeding 15% along the stream bank suggest a
conservation -style subdivision could perhaps be the highest appropriate
use of the property. This development pattern is likely more achievable in RI-
U zoning considering the lot's narrow street frontage, approximately 90 feet,
and overhead utility lines encumbering much, if not all, of its frontage.
Land Use Plan Analysis: Staff finds that the request is consistent with the
Future Land Use Map designation, adopted land use policies, and goals of
City Plan 2040. The area is designated as a Residential Neighborhood Area,
which calls for a mix of housing types in appropriate areas. Staff finds two-,
three-, and four -family dwellings as a permitted use is consistent with the
future land use designation. The infill score is moderate for the area, which
indicates an intermediate zoning district may be the most suitable. Since it
is within a half -mile radius of the subject property, Finger Park contributes
to the score however, 1-49 separates the park from the subject property, and
it therefore is not an easily accessible amenity for residents. Staff finds that
rezoning from the current multi -family and commercial entitlements would
better align a potential development pattern with the accessible services.
Lastly staff finds the rezoning contributes towards City Plan 2040 Goals #1
— Appropriate Infill, 2 — Discourage Suburban Sprawl, and 6 — Create
Opportunities for Attainable Housing.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 4 of 19
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 current entitlements are not reflective of the current land
use surroundings. Rezoning to RI-U is justified because it better aligns the
permitted uses of the property while offering a flexible development pattern.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RMF-24 and C-1 to RI-U has an associated
potential to increase traffic generation beyond existing entitlements due to
an unlimited density maximum. Staff finds, however, that other protections
offered by the development code including parking, tree preservation, and
drainage regulations will serve to limit development in a way that does not
negatively impact danger and congestion in the area.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-U has the potential to increase population
density. Staff finds that this request is still compatible with the location and
would not place an undue burden on public services.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2022-0037.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 5 of 19
PLANNING COMMISSION ACTION: Required YES
Date: August 22, 2022
Motion: Johnson
(Second: Brink
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
O Tabled CR Forwarded
recommending approval
O Denied
Attachments:
• Unified Development Code:
• §161.12 RI-U, Residential Intermediate -Urban
• §161.16 RMF-24, Residential Multi -family, 24 Units per Acre
• §161.21 C-1, Neighborhood Commercial
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 6 of 19
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.
(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.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 7 of 19
(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, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 8 of 19
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(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 conditional use permit
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 occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 124 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
35 feet
Two-family
35 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
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 9 of 19
(3) Land Area Per Dwelling Unit.
Manufactured Home 1 3,000 square feet
(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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; 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 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 10 of 19
161.21 District C-1, Neighborhood Commercial
(A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and
personal services for persons living in the surrounding residential areas. 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 13
Eating places
Unit 15
Neighborhood shopping
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 25
Offices, studios, and related services
Unit 40
Sidewalk Cafes
Unit 44
Cluster Housing Development
Unit 45
Small scale production
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 16
Shopping goods
Unit 34
Liquor stores
Unit 35
Outdoor music establishments*
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed
between the right-of-way and the
building
50 feet
Side
None
Side, when contiguous to a
residential district
10 feet
Rear
20 feet
Urban Form 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
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 11 of 19
(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 boundary line of an adjacent residential 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 40% 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 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; 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, 1-17-17;
Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245,
§2, 10-15-19; Ord. No. 6521 , §4, 1-18-22)
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 12 of 19
community -by -design
♦- • �
• .+
i ■ a.r nr�_` i
TOWN PLANNING.URBAN ENGINEEMNG
July 13, 2022
Via EnerGov
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Custer Lane — Rezone Request
Submittal Package
Ms. Masters,
As a representative of the owner of Washington County Parcels 765-09853-000, 765-04067-000, and 765-04068-000, I
respectfully request the City of Fayetteville to approve an ordinance to rezone the subject properties from the existing
zoning classifications of C-1 and RMF-24 to the Residential Intermediate Urban (RI-U) Zoning District. Please find the
following documents required for processing the rezoning request:
• One (1) copy of Exhibit #1 — Survey Description of Property to be Rezoned
• One (1) copy of Exhibit #2 — County Parcel Map
• One (1) copy of Exhibit #3 — Written Description of Request per City of Fayetteville Rezoning Application
• One (1) copy of a consent of owner form
The owner of the property is making plans to build single or two-family buildings on the property. The primary reason for
the zoning change request is that the owner would like to utilize the more flexible bulk, area, and setback regulations that
the RI-U zoning district offers. The RI-U district encourages a more compact development area making possible more tree
and streamside preservation. Compared to the existing C-1 and RMF-24 zoning districts, buildings will be smaller scaled
and much more in accordance with the building typology found elsewhere in the neighborhood.
Please let me know if you have any questions or if you need additional information in order to process this request.
Sincerely,
Brian Teague
Community By Design
100 West Center Street Suite 300
FayettevilIlra,ACaWQAO,
4 7 9 A@ 03167, R522
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 13 of 19
573 Rockcliff Rd.
Fayetteville, AR 72701
August 15, 2022
Ryan Umberger, Senior Planner
125 W. Mountain St
Fayetteville, AR 72701
Dear Mr. Umberger:
I write regarding Lot 4, Block 1 in Red Arrow secondsubdivision in
Fayetteville. This lot is currently zoned RMF-24, Residential Multi -family,
twenty-four units per acre. I believe this is an inappropriate zoning for that
parcel which I explain below.
This lot is original to the Red Arrow Subdivision which extends south
and east to Ashwood St. and north to Eighteenth St. Red Arrow Subdivision
was built as primarily single-family dwellings. There are two two-family
dwellings on West Custer north of this lot and two two-family dwellings on
Arrowhead near East Custer Lane. The dwellings across the street from this
lot are single family homes.
I recently spoke to AEP regarding this lot. As you know AEP has a
large electric transmission pole on the lot. AEP tells me no structure can be
built on the lot other than their pole.
For these reasons the current zoning on Lot 4, Block 1 is misleading
and incorrect.
A new property owner purchased Lot 4, Block 1 in May of this year.
This new property owner also purchased the larger parcel adjoining Lot 4 to
the east, also zoned RMF-24. The larger parcel has no other access to an
existing street; this larger parcel is landlocked. I understand this new owner
has plans to develop both parcels, perhaps using Lot 4, Block 1 as a roadway
to the larger parcel.
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 14 of 19
I think using a small platted vacant lot as the only roadway for many
vehicles is a disservice to this old established modest neighborhood. This is
an older neighborhood where homes range in size from mostly 900 square
feet to one recent -build that is 1493 square feet. There are no sidewalks in
Red Arrow; residents taking an afternoon stroll use the street. There are
currently at least 13 young children living in Red Arrow; they use the street
to play and visit friends. These children will certainly be at risk with
additional traffic.
I own a vacant lot at the south end of West Custer. I contemplated
building a house and hired an architect to design plans for me. The architect
reported that the City's Stream Side Protection Ordinance meant most of the
lot was unbuildable because of the stream running along the east side of the
lot. The design she submitted to me showed a long, skinny house aligned
against the western boundary of the property. I have held off building for
now.
If my vacant lot is severely restricted by the Stream Side Protection
Ordinance then surely Lot 4 is similarly restricted by the same ordinance.
For all of the reasons above I believe Lot 4 should not be used as an
entrance to a much higher density development. Fayetteville has a serious
shortage of modestly -priced housing suitable for family living; let's protect
this lovely neighborhood.
Sincerely,
(`.�A4
dl�,�
Sue Madison
Planning Commission
August 22, 2022
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 15 of 19
RZN-2022-0037 W. 18TH ST & W. CUSTER LN. _
One Mile View NORTH
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r
r r — — — — — _ RMF-12 PLANNED ZONING DISTRICTS J Design Overlay District _ _ _ RMF-18 Commercial, Intluslnal, Resldentlal
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2
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 16 of 19
RZN-2022-0037 W. 18TH ST & W. CUSTER LN.
Close Up View
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0 75 150 300 450 600
r _ Planning Area
_ Fayetteville City Limits 1 .2,400 Total 3.1
Planning Commissi n
2
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 17 of 19
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
Page 18 of 19
RZN-2022-0037 W. 18TH ST & W. CUSTER LN. _
Future Land Use N 0 RT H
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Neighborhood Link
Civic Institutional
Freeway/Expressway Civic and Private Open Space
— Unclassified Industrial
Residential Link Feet Natural
li Planning Area Non -Municipal Government
Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood
— — Trail (Proposed) Rural Residential
I Design Overlay District '�'800 Urban Center
— Planning Commissi n
Agenda Item 14
RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC)
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