HomeMy WebLinkAboutOrdinance 6614RZN-2022-0034 113 E. DAVIDSON ST EXHIBIT'A'
Close Up View RZN-2022-0034
J R-O ( 5
a :k REBECCA ST
J
O 1
J 1
i] I J
TREN70N BLVD
r_1
O
Z
Q
J
2
Regional Link - High Activity
Urban Center
Alley
Residential Link
Design Overlay District
Planning Area
Fayetteville City Limits
DAVIDSON
W
O
W NS-L
J
J
O
V .
MSC
Subject Property
NS-L
RSF-4
MAPLE)ST-
Feet
0 75 150 300 450 600
1:2,400
W
a
O
J
J
NORTH
Zoning Acres
NS-L 0.1
Total 0.1
113 E Davidson Legal Description
EXHIBITS'
RZN-2022-0034
PT LOT 9 60/100 FURTHER DESCRIBED FROM2013-29994 AS: Part of the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1 /4) of Section Ten (10), in Township Sixteen (16) North, Range Thirty (30) West of the
Fifth Principal Meridian, more particularly described as follows, to -wit: Beginning at a point which is Two
Hundred Thirty (230) feet East and Three Hundred Seventy -Two (372) feet North of the Southwest corner of
said forty acre tract, and running thence East Sixty (60) feet; thence North One Hundred (100) feet to the South
LineofDavidson Street; thence West Sixty (60) feet; thence South One Hundred (100) feet to the place of
beginning, and being a part of Lot Nine (9) of Davidson's Addition to the City of Fayetteville, in the County of
Washington and State of Arkansas.
Washington County, AR
I certify this instrument was filed on
10/21/2022 09:43:19 AM
and recorded in Real Estate
File Number 2022-00034465
Kyle Sylvester - Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0875
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.7
RZN 22-034 (113 E. DAVIDSON ST/GRAVES):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-034 LOCATED AT 113 EAST DAVIDSON STREET IN WARD 2 FOR APPROXIMATELY 0.14
ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-L,
NEIGHBORHOOD SERVICES - LIMITED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RSF-4, Residential Single -Family, 4 Units Per Acre to NS-L,
Neighborhood Services - Limited.
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
2022-0875
Legistar File ID
10/4/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
9/16/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0034: Rezoning (113 E. DAVIDSON ST/GRAVES 446): Submitted by STEPHEN GRAVES for property located
at 113 E. DAVIDSON ST in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY— FOUR UNITS PER
ACRE and contains approximately 0.14 acres. The request is to rezone the property to NS-L, NEIGHBORHOOD
SERVICES - LIMITED.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost $ -
Budget Adjustment Attached? No Budget Adjustment $ -
Remaining Budget
V20210527
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF OCTOBER 4, 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 16, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0034: Rezoning (113 E. DAVIDSON ST/GRAVES 446): Submitted by
STEPHEN GRAVES for property located at 113 E. DAVIDSON ST in WARD 2.
The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY — FOUR UNITS
PER ACRE and contains approximately 0.14 acres. The request is to rezone the
property to NS-L, NEIGHBORHOOD SERVICES - LIMITED.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located northeast of downtown Fayetteville, approximately 200 feet east
of the intersection of N. College Avenue and E. Davidson Street. It is in the Washington Willow
neighborhood. The property totals 0.14 acres and zoned RSF-4, Residential Single-family, 4 Units
per Acre. An office building, built in 1935, and accessory residential structure, built in 1974, occupy
the property. Virginia Middleton, Attorney at Law has had an active business license at the location
since 2002. Structures, drive aisles, and parking cover nearly all the lot's area.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to NS-L, Neighborhood Services -Limited.
Public Comment. One member of the public wrote in opposition to the rezoning. They said their
neighboring psychotherapy practice requires a quiet and peaceful atmosphere and mentioned
concerns with a proposed business conflicting with their client's needs, parking, and maintenance
of the building due to the tight space between buildings. No public comment was offered at the
September 12th Planning Commission meeting.
Land Use Compatibility: Staff finds the request to be compatible with the neighboring land uses.
Neighboring properties to the east are, in general, single-family residences. To the west properties
are developed with commercial uses including a medical clinic, financial services, Starlight
Skatium, and other diverse non-residential uses along N. College Avenue. Despite current
entitlements allowing only for single-family dwellings and customary accessory structures, by -
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
right, rezoning to NS-L would align its zoning with the historical use of the property since a law
office has been licensed at the property for 20 years. The rezoning, in effect, represents the
transition from the commercial N. College Avenue corridor to the Washington Willow
neighborhood. Rezoning to NS-L allows for neighborhood -scale residential and commercial
development including single- up to four -attached dwellings, Cluster Housing, Limited Business,
Home Occupations, and Sidewalk Cafe. Retail shopping goods that are allowed under Limited
Business are limited to buildings containing 3,000 square feet or smaller.
Existing structures on the property predate its RSF-4 designation and are legal non -conforming
as they do not meet bulk and area regulations, setbacks, and likely the maximum building area
specified in the zoning ordinance. Rezoning will not bring the current structures into full
compliance with their zoning regulations, but it would improve upon the existing condition. The lot
is 60 feet wide and has a roughly 5,650 square foot area. The minimum lot width for a residential
use in NS-L is 35 feet and commercial units have no minimum width; in RSF-4 zoning dwellings
are required to have a 70-foot width. The minimum lot area would be reduced from 8,000 square
feet in RSF-4 to 4,000 square feet in NS-L. The residential structure towards the south end of the
lot encroaches into the 15 foot rear setback whether its zoned RSF-4 or NS-L, however the
northern commercial structure appears as though it would no longer be encroaching into the front
setback under NS-L zoning. Lastly, RSF-4 zoning limits structures to occupying 40% of the total
lot area where NS-L allows up to 60% of the site to be occupied by structures. Between the two
buildings about 2,130 square feet of the site is covered equaling 38% of the overall property.
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 property is designated
as a Residential Neighborhood Area which aims to promote low -intensity nonresidential uses to
serve surrounding neighborhoods. Rezoning the property encourages development in line with
the stated purpose of the future land use designation but also brings into compliance an existing
non -conforming use which it promotes. The property also scores highly on the Infill Prioritization
Matrix. A high score implies that the current entitlements limit development beyond what is
appropriate given ready access to City utilities, fire response, parks and trails, and proximity to
schools and groceries. Staff finds rezoning will also support Goals 1, 2, 3, and 4 of City Plan 2040.
CITY PLAN 2040 IN FILL MATRIX: City Plan 2040's Infill Matrix indicates 10 attributes forth is site
that may contribute to appropriate infill. 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, E. Davidson Street)
• Near Water Main (8" main, E. Davidson Street)
• Near Grocery Store (Ozark Natural Foods)
• Near Public School (Washington Elementary)
• Near University of Arkansas Main Campus
• Near City Park (Wilson Park, Saint Joseph Park)
• Near Paved Trail (Marked Shared Roadway, Wilson Park Paved Trail)
• Near Razorback Bust Stop (Route 13 Detour Peak)
• Sufficient Intersection Density (Greater than 140 intersections/square mile)
DISCUSSION:
At the September 12, 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 Johnson opined that rezoning the property would
bring it into alignment with the historic use of the property. No members of the public spoke during
the Planning Commission meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0034
Close Up View
j
Z CS
J R-O 'I
d'
Q
J
J
O
W
W J
a a
G
Z
Q
J
2
0 RMF-24
2
I
Regional Link - High Activity
Urban Center
Alley
Residential Link
Design Overlay District
r _ _i Planning Area
r _ _1 Fayetteville City Limits
113 E. DAVIDSON ST
REBECCA,ST
Subject Property
DAVIDSON
WP opo d NS-L
0
W NS-L
J
J
0 RSF-4
V
I
I
I
I Q
I Z
O
I �
I Z
---------- _
MAPLEST—�Q
Feet
0 75 150 300 450 600
1:2,400
LU
Q
O
A&
_J
NORTH
Zoning Acres
NS-L 0.1
Total 0.1
113 E Davidson Legal Description
PT LOT 9 60/100 FURTHER DESCRIBED FROM2013-29994 AS: Part of the Southwest Quarter (SW 1 /4) of the
Southwest Quarter (SW 1/4) of Section Ten (10), in Township Sixteen (16) North, Range Thirty (30) West of the
Fifth Principal Meridian, more particularly described as follows, to -wit: Beginning at a point which is Two
Hundred Thirty (230) feet East and Three Hundred Seventy -Two (372) feet North of the Southwest corner of
said forty acre tract, and running thence East Sixty (60) feet; thence North One Hundred (100) feet to the South
LineofDavidson Street; thence West Sixty (60) feet; thence South One Hundred (100) feet to the place of
beginning, and being a part of Lot Nine (9) of Davidson's Addition to the City of Fayetteville, in the County of
Washington and State of Arkansas.
CITY OF
fvk-.q-q' FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: September 12, 2022 (Updated with Planning Commission Results)
SUBJECT: RZN-2022-0034: Rezoning (113 E. DAVIDSON ST/GRAVES 446):
Submitted by STEPHEN GRAVES for property located at 113 E.
DAVIDSON ST. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY — FOUR UNITS PER ACRE and contains approximately 0.14
acres. The request is to rezone the property to NS-L, NEIGHBORHOOD
SERVICES - LIMITED.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0034 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
'7 move to forward RZN-2022-0034 to City Council with a recommendation for approval. "
BACKGROUND:
The subject property is located northeast of downtown Fayetteville, approximately 200 feet east
of the intersection of N. College Avenue and E. Davidson Street. It is in the Washington Willow
neighborhood. The property totals 0.14 acres and zoned RSF-4, Residential Single-family, 4 Units
per Acre. An office building, built in 1935, and accessory residential structure, built in 1974, occupy
the property. Virginia Middleton, Attorney at Law has had an active business license at the location
since 2002. Structures, drive aisles, and parking cover nearly all the lot's area. Surrounding land
uses and zoning are depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Starlight Skatium
UT, Urban Thoroughfare
South
Single -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre,
CS, Community Services
East
Single -Family Residential
RSF-4, Residential Single-family, 4 Units per Acre
West
Multi -tenant Office
NS-L, Neighborhood Services -Limited
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to NS-L, Neighborhood Services -Limited.
Public Comment: One member of the public spoke in opposition to the rezoning. They said their
neighboring psychotherapy practice requires a quiet and peaceful atmosphere and mentioned
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 1 of 14
concerns with a proposed business conflicting with their clients needs, parking, and maintenance
of the building due to the tight space between buildings.
INFRASTRUCTURE:
Streets: The subject property has frontage along the south side of E. Davidson Street. E.
Davidson Street is a fully improved Residential Link Street with asphalt paving,
sidewalk, and 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 8-inch water main is
present on the north side of E. Davidson Street.
Sewer: Sanitary sewer is available to the subject property. An existing 8-inch sewer main
is present in the center of E. Davidson Street.
Fire: Station 1, located at 303 W. Center St., protects this site. The property is located
approximately one mile from the fire station with an anticipated drive time of
approximately four minutes using existing streets. The anticipated response time
would be approximately 6.2 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.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a streamside protection zone; no FEMA-designated floodplains or hydric soils are
present on -site. Any additional improvements or requirements for drainage would
be determined at the time of development.
Tree Preservation:
The requested zoning district, NS-L, Neighborhood Services -Limited, requires
20% minimum canopy preservation. The current zoning district, RSF-4,
Residential Single -Family, 4 Units per Acre, requires 25% 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 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, multi-
family, 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 nonresidential 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.
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 2 of 14
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site with a weighted score of 13.5. 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, E. Davidson Street)
• Near Water Main (8" main, E. Davidson Street)
• Near Grocery Store (Ozark Natural Foods)
• Near Public School (Washington Elementary)
• Near University of Arkansas Main Campus)
• Near City Park (Wilson Park, Saint Joseph Park)
• Near Paved Trail (Marked Shared Roadway, Wilson Park Paved Trail)
• Near Razorback Bust Stop (Route 13 Detour Peak)
• 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 request to be compatible with the
neighboring land uses. Neighboring properties to the east are, in general
single-family residences. To the west properties are developed with
commercial uses including a medical clinic, financial services, Starlight
Skatium, and other diverse non-residential uses along N. College Avenue.
Despite current entitlements allowing only for single-family dwellings and
customary accessory structures, by -right, rezoning to NS-L would align its
zoning with the historical use of the property since a law office has been
licensed at the property for 20 years. The rezoning, in effect, represents the
transition from the commercial N. College Avenue corridor to the
Washington Willow neighborhood. Rezoning to NS-L allows for
neighborhood -scale residential and commercial development including
single- up to four -attached dwellings, Cluster Housing, Limited Business,
Home Occupations, and Sidewalks Cafe. Retail shopping goods that are
allowed under Limited Business are limited to buildings containing 3,000
square feet or smaller.
Existing structures on the property predate its RSF-4 designation and are
legal non -conforming as they do not meet bulk and area regulations,
setbacks, and likely the maximum building area specified in the zoning
ordinance. Rezoning will not bring the current structures into full compliance
with their zoning regulations, but it would improve upon the existing
condition. The lot is 60 feet wide and has a roughly 5,650 square foot area.
The minimum lot width for a residential use in NS-L is 35 feet and commercial
units have no minimum width; in RSF-4 zoning dwellings are required to
have a 70-foot width. The minimum lot area would be reduced from 8,000
square feet in RSF-4 to 4,000 square feet in NS-L. The residential structure
towards the south end of the lot encroaches into the 15 foot rear setback
whether its zoned RSF-4 or NS-L, however the northern commercial
structure appears as though it would no longer be encroaching into the front
setback under NS-L zoning. Lastly, RSF-4 zoning limits structures to
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 3 of 14
occupying 40% of the total lot area where NS-L allows up to 60% of the site
to be occupied by structures. Between the two buildings about 2,130 square
feet of the site is covered equaling 38% of the overall property.
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 property is designated as a Residential Neighborhood
Area which aims to promote low -intensity nonresidential uses to serve
surrounding neighborhoods. Rezoning the property encourages
development in line with the stated purpose of the future land use
designation but also brings into compliance an existing non -conforming use
which it promotes. The property also scores highly on the Infill Prioritization
Matrix. A high score implies that the current entitlements limit development
beyond what is appropriate given ready access to City utilities, fire response,
parks and trails, and proximity to schools and groceries. Staff finds rezoning
will also support Goals 1, 2, 3, and 4 of City Plan 2040.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to NS-L is justified. Since a rezoning would better
support infill development on the property, staff finds the proposed zoning
to be consistent with the City's future land use goals and thus needed at this
time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Despite rezoning to NS-L increasing the permitted uses and density at the
site, Staff finds the request is unlikely to generate traffic to a degree that is
appreciably different that what exists today. It is a small site with limited
room to accommodate residential parking beyond what is currently available
if it were to redevelop. Further, proximity to the center of the city and ample
non -motorized transportation options available will likely diffuse traffic
generated by the site.
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: Staff finds the rezoning to be justified. Current entitlements are not the
highest and best use of the property, nor do they align with the future land
use designation. Rezoning to NS-L will bring into compliance many aspects
of the current use of the property but also situate the site to be better utilized
if redeveloped.
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
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 4 of 14
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-2022-0034 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: September 12, 2022 O Tabled X Forwarded O Denied
(Motion: Johnson
Recommending approval.
ISecond: Brink
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.07 — District RSF-4, Residential Single -Family — 4 Units per Acre
o §161.18 — Neighborhood Services -Limited
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 5 of 14
161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
Unit 8
Unit 41
Unit 46
City-wide uses by right
Single-family dwellings
Accessory dwellings
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Units per acre
Single-family
dwellings
Two (2) family
dwellings
4 orless
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
dwelling unit
8,000 square feet
T
6,000 square feet
I
Hillside Overlay
District Lot
60 feet
70 feet
minimum width
Hillside Overlay
District Lot
8,000 square feet
12,000 square feet
area minimum
8,000 square feet F6,000 square feet
Land area per
dwelling unit
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 6 of 14
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Editor's note— 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
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 7 of 14
161.18 - NS-L, Neighborhood Services - Limited
(A) Purpose. The NS-L Neighborhood Services - Limited district is designed to serve as a mixed use area of low
intensity. Neighborhood Services promotes a walkable, pedestrian -oriented neighborhood development form with
sustainable and complementary neighborhood businesses that are compatible in scale, aesthetics, and use with
surrounding land uses. For the purpose of Chapter 96: Noise Control, the Neighborhood Services district is a
residential zone.
(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 12a
Limited Business
Unit 24
Home occupations
Unit 40
Sidewalk cafes
Unit 41
Accessory dwelling units
Unit 44
Cluster housing development
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
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 15
Neighborhood shopping goods
Unit 19
Commercial recreation, small sites
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 36
Wireless communication facilities*
Small scale production
Unit 45
(C) Density.
Units per acre Ten (10) or less
(D) Bulk and Area.
(1) Lot Width Minimum.
Single-family 35 feet
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 8 of 14
Two (2)family
Three or more
FAII other uses
(2) Lot Area Minimum.
35 feet
35 feet
None
Single-family 4,000 square feet
FTwo (2) family or more 3,000 square feet of lot area per dwelling unit
FAII other permitted and None
conditional uses
(E) Setback Regulations.
Front: A build -to zone that is located between 10 and 25 feet from the
front property line.
Side 15 feet
Rear 15 feet
(F) Building Height Regulations.
Building Height Maximum
3 stories
(G) Building area. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of the lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(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. 5735, 1-
20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 6, 8, 1-17-17; Ord. No.
6015, §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427, §§1(Exh. C),
2, 4-20-21)
Editor's note— 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
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 9 of 14
It is our intention to rezone 113 E. Davidson Street from RS-4 to NS-L. The current owners have
operated a law office in the space for years. The adjacent building to the west (111 E.
Davidson) is currently zoned as NS-L as well. It is necessary for us to rezone this unit because
we will not be living on the premises (as the current owners are). We believe rezoning this
property to attract another small business office, very similar to the existing office, will act as a
great transition between the high density units on College Avenue and the residential homes on
Washington Avenue.
Planning Commission
September 12, 2022
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 10 of 14
RZN-2022-0034
One Mile View
NS-G
iiiiiiii Neighborhood Link
iiiiiii= Regional Link - High Activity
Urban Center
- Unclassified
- Alley
- Residential Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
j Fayetteville City Limits
r i Planning Area
113 E. DAVIDSON ST
0 0.13 0.25 0.5 Miles
NORTH
=11
Subject Property
Q
Pla<Limits
_ _ _
Fay
ra111
J
RSF-4
E ST
ORTH
J
J
Z
1
I-1
1
—
2 ning
General Industrial
MI-2
RESIDE NTIALSINGLE-FAMILY RA ION
g� RI-u
COMMERCIAL
RI-12
ResltleniiaFOfice
NS-L
Gi
�ResltleMlal-�dWIW21
��-2
RSF-s
Ica
RSF-1
FORM BASED DISTRICTS
RSF-2
Gown—n Core
RSF4
Umanlnomugnram
RSF-]
Mein. —Center
RSF-s
Osxniown General
RSF-18
g�wmmanlry Services
RESIDENTIAL MULTI -FAMILY Neigbborbooa services
RMF-8
g�NeigM1borM1ootl Cons ,on
�RMF-12
PLANNED ZONING DISTRICTS
RMF-18
g= Commercial, Intluslnal, Resldentlal
g� RMF-2a
INSTITUTIONAL
g� RMF-00
INDUSTRIAL
I-1 Heavy Commendaland
Light Ind -Running Commissi n
2
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 11 of 14
RZN-2022-0034
Close Up View
j
Z CS
J R-O 'I
d'
Q
J
J
O
J
UT
TRENTON. B�VD
I
i
w
W J
Q Q
G
Z
a
J
2
0 RMF-24
2
I
Regional Link - High Activity
Urban Center
Alley
Residential Link
Design Overlay District
r _ _i Planning Area
r _ _1 Fayetteville City Limits
113 E. DAVIDSON ST
REBECCA,ST
Subject Property
DAVIDSON
LIJ P opo d NS-L
{� NS-L
J
J
0 RSF-4
V
I
I
I
I Q
I Z
I F-
I Z
---------- _
MAPLEST—�Q
Feet
0 75 150 300 450 600
1:2,400
LU
Q
O
A&
_J
NORTH
Zoning Acres
NS-L 0.1
Total 0.1
Planning Comm
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 12 of 14
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 13 of 14
RZN-2022-0034
Future Land Use
113 E. DAVIDSON ST
w
z Q
o � o
Q Z
J 'G LN- J
x J
= ai
-PROSPECTST SP
PRO ECT-ST
i
a
Residential
— Neighborhood 0
I J
I
i
z I
Civic and W J
Private Q Q —�
Open Space J
� -7- �RENTON
Subject Propert
w
LO IISE-ST i
a i �
a '
DAVIDSON•ST-Lu r---W-DAVID I
r� Q w
9-ILA,ST- o r
J Z
W J W CU I
� x J
_ Q
N = I
w
0 -" � MAPLES
LL I
i
r'
MOUNT NORD'ST I
i
LAFAYETTEST
ALLEY
Q w
I
386 z}q)
a
I
W
'J
City Z
I
= Neighborhood J
WATSON
v x
i
ST
I"
1
i
Neighborhood Link
Regional Link - High Activity
Urban Center
Alley
Feet
Residential Link
r : Planning Area 0 145 290 580
Fayetteville City Limits
I_ —� Design Overlay District 1 '4'$00
zl0
colQ
w
Q
Z
0
I-
O
z_
C0
870
ORTH
'TZ DR-F CT
PROSPECT ST
D
Z
REBECCA-ST 611-
LAFA
1,160
E-
0
J
_J
ST
}
m w �t
J le
Qi
JOHNSON-ST
GUNTER-ST-
ST
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
Residential Neighborhood
Rural Residential
Urban CenterPlanning Comm
Agenda Item 13
RZN-2022-0034 (GRAVES)
Page 14 of 14