HomeMy WebLinkAboutOrdinance 6615Ordinance: 6615
File Number: 2022-0876
Attest:
Kara Paxton, City Clerk Treasurer
Page 2 Printed on 1015122
RZN-2022-0040
Close Up View
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Residential Link
— — — Trail (Proposed)
Planning Area
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EXHIBIT 'A'
RZN-2022-0040
Subject Property - - - OWF7
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Feet
0 75 150 300 450 600
1.2,400
NORTH
Zoning Acres
NS-G 1.2
Total 1.2
EXHIBIT 'B'
RZN-2022-0040
Legal Description for Property at 2255 East Huntsville Road, Fayetteville, Arkansas:
PT NW NE 1.15 AC FURTHER DESCRIBED FROM 2017-4295 AS: Part of the Northwest Quarter of
the Northeast Quarter of Section Twenty-three (23) in Township Sixteen (16) North, of Range
Thirty (30) West, being more particularly described as Beginning at a point on the centerline of
State Highway 16, said point being Five hundred Sixty and Seventy-three hundredths (560.73)
feet South and Four hundred Fifty-seven and Forty-nine hundredths (457.49) feet East of the
Northwest corner of said forty (40) acre tract, and running thence North Eighty-six 86 degrees
Fifty {50) minutes East along said Highway centerline Ninety-one and Two -tenths (91.2) feet,
thence South Three (3) degrees Forty-two (42) minutes East along an existing fence Five
hundred Fifty-four and Five -tenths (554.5) feet, thence South Eight -six (86) degrees Fifty (50)
minutes West along an existing fence Ninety -One and Two -tenths (91.2) feet, thence North
Three (3) degrees Forty-two (42) minutes West Five hundred Fifty-four and Five tenths (554.5)
feet to the Point of Beginning, containing 1.16 acres, more or less.
Washington County, AR
I certify this instrument was filed on
10/21/2022 09:43:41 AM
and recorded in Real Estate
File Number 2022-00034466
Kyle Sylvester- Circuit Clerk
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0876
Agenda Date: 10/4/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.8
RZN 22-040 (2255 E. HUNTSVILLE RD/BROOMFIELD):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-040 LOCATED AT 2255 EAST HUNTSVILLE ROAD IN WARD I FOR APPROXIMATELY 1.16
ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE TO NS-G, NEIGHBORHOOD SERVICES - 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 R-A, Residential Agricultural and RSF-4, Residential Single -Family, 4 Units
Per Acre to NS-G, Neighborhood Services - 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 101512022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-0876
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-2022-0040: Rezoning (2255 E. HUNTSVILLE RD/BROOMFIELD, 566): Submitted by JOHN BROOMFIELD for
property located at 2255 E. HUNTSVILLE RD in WARD 1. The property is split -zoned R-A, RESIDENTIAL
AGRICULTURAL and RSF-4, RESIDENTIAL SINGLE-FAMILY— FOUR UNITS PER ACRE and contains approximately 1.16
acres. The request is to rezone the property to NS-G, NEIGHBORHOOD SERVICES - GENERAL.
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-2022-0040: Rezoning (2255 E. HUNTSVILLE RD/BROOMFIELD, 566):
Submitted by JOHN BROOMFIELD for property located at 2255 E. HUNTSVILLE
RD in WARD 1. The property is split -zoned R-A, RESIDENTIAL AGRICULTURAL
and RSF-4, RESIDENTIAL SINGLE-FAMILY — FOUR UNITS PER ACRE and
contains approximately 1.16 acres. The request is to rezone the property to NS-G,
NEIGHBORHOOD SERVICES - GENERAL.
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 south Fayetteville along the south side of E. Huntsville Road,
approximately 750 feet west of its intersection with N. Crossover Road. The property is roughly
1.16 acres and split -zoned R-A, Residential Agricultural and RSF-4, Residential Single-family —
Four Units per Acre. A single-family dwelling built in 1926 and associated outbuildings currently
occupy the site. Overhead powerlines are present along the front property line and for a roughly
120-foot distance along the west property line near E. Huntsville Road. The site is flat and contains
sparse tree canopy, with foliage mostly isolated to the area around the existing residence and
south property line.
Request: The request is to rezone the property from R-A, Residential Agricultural and RSF-4,
Residential Single-family — Four Units per Acre to NS-G, Neighborhood Services -General. The
applicant has not submitted a development proposal but suggests the rezoning will allow the
owner to redevelop the property with a residence on the south portion of the property and a multi-
use building near E. Huntsville Road.
Public Comment: Staff has received no public comment regarding the request.
Land Use Compatibility: Staff finds the request to be compatible with the neighboring land uses.
The surrounding properties are mostly used as single-family residences apart from the Hip Cafe
next door to the west. The property is situated along E. Huntsville Road which is characterized by
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
a patchwork of residentially and commercially zoned properties. Though the neighboring
properties are largely residential, further afield are gas stations, a medical clinic, churches, and
Fayetteville public schools. Currently the property is split -zoned between RSF-4 and R-A. Current
entitlements allow for single-family or manufactured homes and a few commercial agricultural
uses. The southern portion of the property, zoned R-A, contains less than the minimum lot area
required for the zoning district and therefore is not conducive for development. Rezoning to NS-
G allows for neighborhood -scale residential and commercial development. Single- through four -
family attached dwellings are allowed by -right in NS-G zoning, as is cluster housing. Sidewalk
Cafes, Home Occupations, and General Business are commercial uses that are allowed by -right.
Retail shopping goods that are allowed under General Business are limited to buildings containing
8,000 square feet or smaller.
The subject property itself is narrow and deep. It has roughly 95 feet of frontage onto E. Huntsville
Road but extends approximately 500 feet south of the street. The narrow frontage lends itself to
likely a single access point for vehicular ingress/egress. Rezoning to NS-G provides flexible bulk
and area regulations and an array of housing types which may facilitate development on an
otherwise challenging site. NS-G zoning requires dwellings to have a 35-foot lot width and limits
density to 18 units per acre. Lot area minimums vary based on the type of residence: single-family
units require 4,000 square feet and anything two-family attached or above must provide 3,000
square feet per unit. Commercial development has no lot width minimum or area in NS-G zoning.
In consideration of the permitted uses and bulk and area regulations staff finds the rezoning
request to be compatible.
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
City Neighborhood Area, which supports the widest spectrum of uses and encourages dense
housing. The future land use designation encourages mixed use developments, particularly with
non-residential uses along major corridors, like E. Huntsville Road. On the contrary, the subject
property cannot accommodate additional intersecting streets or a gridded development pattern
without other properties redeveloping. Staff finds, though, that other regulations, such as a
requirement for new developments to promote cross -access may serve to achieve the intent of
the future land use designation. Allowing two-, three-, and four -family dwellings as a permitted
use is also consistent with the City Neighborhood designation. The infill score is moderate,
suggesting an intermediate zoning district may be suitable. Additional residential density along E.
Huntsville Road would put residents within walking or biking distance of churches, the Mount
Sequoyah Woods, and two Fayetteville public schools. Lastly staff finds the rezoning contributes
towards City Plan 2040 Goals #1 — Appropriate Infill, 2 — Discourage Suburban Sprawl, and 4 —
Grow a Livable Transportation Network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5-6 attributes for this
site that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road)
• Near Sewer Main (E. Huntsville Road)
• Near Water Main (west side of property)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20 Peak, E. Huntsville Road)
• Appropriate Future Land Use (City Neighborhood Area)
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 Garlock made the motion and
Commissioner Johnson seconded. There was little discussion by the Commission and no public
comment was given.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0040
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Regional Link - High Activity
Residential Link
Feet
— — — Trail (Proposed)
r _ _i Planning Area
0 75 150
300 450 600
Fayetteville City Limits
1 :2,400
Total
1.2
Legal Description for Property at 2255 East Huntsville Road, Fayetteville, Arkansas:
PT NW NE 1.15 AC FURTHER DESCRIBED FROM 2017-4295 AS: Part of the Northwest Quarter of
the Northeast Quarter of Section Twenty-three (23) in Township Sixteen (16) North, of Range
Thirty (30) West, being more particularly described as Beginning at a point on the centerline of
State Highway 16, said point being Five hundred Sixty and Seventy-three hundredths (560.73)
feet South and Four hundred Fifty-seven and Forty-nine hundredths ( 457.49) feet East of the
Northwest corner of said forty (40) acre tract, and running thence North Eighty-six 86 degrees
Fifty {50) minutes East along said Highway centerline Ninety-one and Two -tenths (91.2) feet,
thence South Three (3) degrees Forty-two (42) minutes East along an existing fence Five
hundred Fifty-four and Five -tenths (554.5) feet, thence South Eight -six (86) degrees Fifty (50)
minutes West along an existing fence Ninety -One and Two -tenths (91.2) feet, thence North
Three (3) degrees Forty-two (42) minutes West Five hundred Fifty-four and Five tenths (554.5)
feet to the Point of Beginning, containing 1.16 acres, more or less.
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: September 12, 2022 (Updated with Planning Commission Results)
SUBJECT: RZN-2022-0040: Rezoning (2255 E HUNTSVILLE RD/BROOMFIELD,
566): Submitted by JOHN BROOMFIELD for property located at 2255 E.
HUNTSVILLE RD. The property is split -zoned R-A, RESIDENTIAL
AGRICULTURAL and RSF-4, RESIDENTIAL SINGLE-FAMILY — FOUR
UNITS PER ACRE and contains approximately 1.16 acres. The request is
to rezone the property to NS-G, NEIGHBORHOOD SERVICES -
GENERAL.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0040 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0040 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville along the south side of E. Huntsville Road,
approximately 750 feet west of its intersection with N. Crossover Road. The property is roughly
1.16 acres and split -zoned R-A, Residential Agricultural and RSF-4, Residential Single-family —
Four Units per Acre. A single-family dwelling built in 1926 and associated outbuildings currently
occupy the site. Overhead powerlines are present along the front property line and for a roughly
120-foot distance along the west property line near E. Huntsville Road. The site is flat and contains
sparse tree canopy, with foliage mostly isolated to the area around the existing residence and
south property line. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Undeveloped
R-O, Residential Office
South
Undeveloped
R-A, Residential Agricultural
East
Single -Family Residential
R-A, Residential Agricultural; RSF-4, Residential Single -
Family, 4 Units per Acre
West
The Hip Cafe, Single -Family
R-A, Residential Agricultural; RSF-4, Residential Single -
Residential
Family, 4 Units perAcre; C-1, Neighborhood Commerical
Request: The request is to rezone the property from R-A, Residential Agricultural and RSF-4,
Residential Single-family — Four Units per Acre to NS-G, Neighborhood Services -General. The
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 1 of 17
applicant has not submitted a development proposal but suggests the rezoning will allow the
owner to redevelop the property with a residence on the south portion of the property and a multi-
use building near E. Huntsville Road.
Public Comment: Staff has received no public comment regarding the request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the south side of E. Huntsville Road. E.
Huntsville Road is an improved Regional Link High -Activity Street with asphalt
paving, curb and gutter, and sidewalk. 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 12-inch water main is
present along the south side of E. Huntsville Road. Another 12-inch water main is
present along the north side of the road.
Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main is
present at the west side 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 3, located at 1050 S. Happy Hollow Road, protects this site. The property
is located approximately 0.5 miles from the fire station with an anticipated drive
time of approximately one minute using existing streets. The anticipated response
time would be approximately 3.2 minutes. Fire Department response time is
calculated based on the drive time plus 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 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 proposed zoning district of NS-G requires 20% minimum canopy
preservation. The current zoning districts, R-A, Residential Agricultural and RSF-
4, Residential Single-family, 4 Units per Acre require a 25% 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 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.
Non-residential and commercial uses are primarily located at street intersections and along major
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 2 of 17
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 5=6 for this
site, with a weighted score of 7. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road)
• Near Sewer Main (E. Huntsville Road)
• Near Water Main (west side of property)
• Near City Park (Doc Mashburn Park)
• Near ORT Bus Stop (Route 20 Peak, E. Huntsville Road)
• Appropriate Future Land Use (City Neighborhood Area)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
neighboring land uses. The surrounding properties are mostly used as
single-family residences apart from the Hip Cafe next door to the west. The
property is situated along E. Huntsville Road which is characterized by a
patchwork of residentially and commercially zoned properties. Though the
neighboring properties are largely residential, further afield are gas stations,
a medical clinic, churches, and Fayetteville public schools. Currently the
property is split -zoned between RSF-4 and R-A. Current entitlements allow
for single-family or manufactured homes and a few commercial agricultural
uses. The southern portion of the property, zoned R-A, contains less than
the minimum lot area required for the zoning district and therefore is not
conducive for development. Rezoning to NS-G allows for neighborhood -
scale residential and commercial development. Single- through four -family
attached dwellings are allowed by -right in NS-G zoning, as is cluster
housing. Sidewalk Cafes, Home Occupations, and General Business are
commercial uses that are allowed by -right. Retail shopping goods that are
allowed under General Business are limited to buildings containing 8,000
square feet or smaller.
The subject property itself is narrow and deep. It has roughly 95 feet of
frontage onto E. Huntsville Road but extends approximately 500 feet south
of the street. The narrow frontage lends itself to likely a single access point
for vehicular ingress/egress. Rezoning to NS-G provides flexible bulk and
area regulations and an array of housing types which may facilitate
development on an otherwise challenging site. NS-G zoning requires
dwellings to have a 35-foot lot width and limits density to 18 units per acre.
Lot area minimums vary based on the type of residence: single-family units
require 4,000 square feet and anything two-family attached or above must
provide 3,000 square feet per unit. Commercial development has no lot width
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 3 of 17
minimum or area in NS-G zoning. In consideration of the permitted uses and
bulk and area regulations staff finds the rezoning request to be compatible.
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 City Neighborhood Area, which
supports the widest spectrum of uses and encourages dense housing. The
future land use designation encourages mixed use developments,
particularly with non-residential uses along major corridors, like E.
Huntsville Road. On the contrary, the subject property cannot accommodate
additional intersecting streets or a gridded development pattern without
other properties redeveloping. Staff finds, though, that other regulations,
such as a requirement for new developments to promote cross -access may
serve to achieve the intent of the future land use designation. Allowing two-
, three-, and four -family dwellings as a permitted use is also consistent with
the City Neighborhood designation. The infill score is moderate, suggesting
an intermediate zoning district may be suitable. Additional residential
density along E. Huntsville Road would put residents within walking or
biking distance of churches, the Mount Sequoyah Woods, and two
Fayetteville public schools. Lastly staff finds the rezoning contributes
towards City Plan 2040 Goals #1 — Appropriate Infill, 2 — Discourage
Suburban Sprawl, and 4 — Grow a Livable Transportation Network.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds the rezoning to be justified. Current entitlements are not the
highest and best use of a property along a prominent thoroughfare, nor do
they align with the future land use designation. Rezoning to NS-G will allow
for the property to be better utilized for development in part because of the
adaptable 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 R-A and RSF-4 to NS-G carries an associated
potential to greatly increase traffic generation from the property. E.
Huntsville Road is a state highway that's classified as a Regional High -
Activity Link Street per the 2040 Master Street Plan. Regional High Activity
Link Streets have a designed service volume of 17,600 vehicle trips per day.
A 2021 Average Annual Daily Trip Count performed by the Arkansas
Department of Transportation estimates 22,000 vehicles at study point
roughly 350 feet west of the subject property. Further, vehicle accidents are
prevalent along E. Huntsville Road, especially less than'/4 mile to the east at
the road's intersection with S. Crossover Road. A single ingress/egress to
the property may also present challenges in that traffic is unlikely to be
dispersed unless other properties are to redevelop in the future.
Opportunities for alternative modes are present in the area though.
Sidewalks exist along the property's frontage and extend along the south
side of E. Huntsville Road. Two ORT transit stops are within 1/4 mile of the
site with the nearest being within 400 feet to the east. E. Huntsville Road also
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 4 of 17
has on -street bike lanes that indicate a moderate comfort level. Staff finds
the proposed zoning may contribute towards increased traffic danger and
congestion in the area. The effect may be limited due to development
requirements including parking, tree preservation, and drainage regulations
will serve to limit the intensity of a future development.
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 NS-G has the potential to increase population
density. Considering the ready access to sanitary sewer, water, and street
frontage, Staff finds that this request is compatible with the location and
would not place an undue burden on public services. Fayetteville Public
Schools did not comment on the proposed rezoning.
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-2022-0040.
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 5 of 17
PLANNING COMMISSION ACTION: Required YES
Date: September 12, 2022 O Tabled I Forwarded O Denied
Motion: Garlock
Recommending approval.
Second: Johnson
I Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
• §161.03 R-A, Residential Agricultural
• §161.07 RSF-4 Residential Single-family, 4 Units per Acre
§161.19 NS-G, Neighborhood Services -General
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 6 of 17
161.03 - District R-A, Residential -Agricultural
(A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly
transition to urban development has been accomplished; prevent wasteful scattering of development in rural
areas; obtain economy of public funds in the providing of public improvements and services of orderly growth;
conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve
open space.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 6
Agriculture
Unit 7
Animal husbandry
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 37
Manufactured homes
Unit 41
Accessory dwellings
Unit 43
Animal boarding and training
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 20
Commercial recreation, large sites
Unit 24
Home occupations
Unit 35
Unit 36
Outdoor Music Establishments
Wireless communications facilities
Clean technologies
Unit 42
(C) Density.
Units per acre One-half ('/)
(D) Bulk and Area Regulations.
Lot width minimum 1200 feet
Lot Area Minimum:
Residential:
12 acres
Nonresidential:
2 acres
Lot area per dwelling unit
2 acres
(E) Setback Requirements.
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 7 of 17
Front Side Rear
35 feet 20 feet 35 feet
(F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a
building exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building
and one (1) story.
(G) Building area. None.
(Code 1965, App. A., Art. 5(1); Ord. No. 1747, 6-29-70; Code 1991, §160.030; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5195, 11-6-08; Ord. No. 5238, 5-5-
09; Ord. No. 5479, 2-7-12; Ord. No. 5945, §3, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6427,
§§l (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 14
RZN-2022-0040 (BROOMFIELD)
Page 8 of 17
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.
UnitE
Single-family
dwellings
Two (2) family
dwellings
per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Lot minimum width
Lot area minimum
Land area per
dwelling unit
Hillside Overlay
District Lot
minimum width
Hillside Overlay
District Lot
area minimum
Single-family
dwellings
70 feet
8,000 square feet
Two (2) family
dwellings
80 feet
12,000 square feet
8,000 square feet 16,000 square feet
60 feet 70 feet
8,000 square feet 12,000 square feet
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 9 of 17
Land area per 8,000 square feet 6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Building Height Maximum 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 , §§l (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 14
RZN-2022-0040 (BROOMFIELD)
Page 10 of 17
161.19 - NS-G, Neighborhood Services - General
(A) Purpose. The Neighborhood Services, General district is designed to serve as a mixed use area of medium
intensity. Neighborhood Services, General 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-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12b
General 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 permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 13
Eating places
Unit 16
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
Unit 45 Small scale production
(C) Density. Eighteen (18) or less per acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwellings
All other uses
(2) Lot Area Minimum.
35 feet
None
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 11 of 17
Single-family 4,000 square feet
FTwo (2) family or more 3,000 square feet per dwelling unit
FAII other uses None
(E) Setback regulations.
Front
F-T-
Side Side -Zero Lot Line*
_I
A build -to zone that is —TA setback of less than 5 feet (zero lot
located between the front 5 line) is permitted on one interior side,
property line and a line 25 feet provided a maintenance agreement is
feet from the front filed**. The remaining side setback(s)
property line. shall be 10 feet.
(F) Building Height Regulations.
Building Height Maximum
3 stories
(G) Minimum Buildable Street Frontage. 50% of the lot width.
Rear when
Rear contiguous to a
single-family
residential district
None 15 feet
(Ord. No. 5945 , §7(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No.
6427 , §§l(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 14
RZN-2022-0040 (BROOMFIELD)
Page 12 of 17
John Broomfield
2707 E. Huntsville Rd.
Fayetteville, AR 72701
City of Fayetteville
Planning Commission
125 W. Mountain St.
Fayetteville, AR 72701
Dear Planning Commission,
I would like to rezone my property at 2255 E Huntsville Rd. (near the intersection of Jerry St.
and Huntsville Rd.) to NS-G from its current zoning of RSF-4 and R-A. I believe this will be
compatible with neighboring property, because the lot directly to the west is zoned C-1
(neighborhood commercial) and there is currently a cafe there. Across Huntsville Rd. there are
two lots zoned R-O and CS. I foresee that as Huntsville Rd. becomes buisier, it will become
more desirable to have businesses front the street and for homes to be built further away from
the street. If I were able to rezone my property it would be with the intention of building a home
on the south end of the lot, away from Huntsville Rd. and a multi -use building with commercial
space facing the street.
I believe this proposed rezoning will not unreasonably adversely affect or conflict with
surrounding land uses. In reviewing the Future Land Use Map, 2255 E Huntsville Rd is located
in a City Neighborhood Area, which is defined as being more densely developed and providing
a mix of non-residential and residential uses. As this property is located on a major corridor, i.e.
Huntsville Rd. I feel my proposal to rezone is highly compatible with the Future Land Use Map
and the neighboring properties.
Regards,
John Broomfield
Planning Commission
September 12, 2022
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 13 of 17
RZN-2022-0040 2255 E. H U NTSVI LLE RD
One Mile View NORTH
RSF-8A IN 0 0.13 0.25 0.5 Miles
I\
I ` I
RSF-4
' - WYMAN RD
I �
I `
I �
I I
I I
1 �
UJ
\ Subject Property jU6):: 2X NpRI_U co
�O
c t z
' m D -- RSF-1
SV� RD----- - MOU ti0
LLE
I-1
iiiiiiiiiiiim Regional Link
iiiiiiiiiiiim Neighborhood Link
iiiiiiiiiiiim Regional Link - High Activity
Unclassified
Residential Link
■ I Planned Neighborhood Link
— — - Trail (Proposed)
_ ! Fayetteville City Limits
Planning Area
W ---'I
a
<Limits
Pla___
Fay
TA
r
Zoning
�I-2 General lnauatriel
RESIDENTIAL SINGLE-FAMILY
EXTRACTION
NS-G
E-1
RI-u
COMMERCIAL
RI-12
ResltleniiaFOfice
11 NS-L
Gi
�ResltleMlal-�aWIW21
RSF-.8
�L1
RSF-1
FORM SAS DISTRICTS
RSF-2
I n—nCore
RSF4
Uman Th—ghrare
RSF-]
Mein. —Center
RSF-8
Osxniown General
RSF-18
=Co niry Services
RESIDENTIAL MULTI -FAMILY
M Neighborhood Samices
RMF-8
= Neighborhood Con Mi
�RMF-12
PLANNED ZONING DISTRICTS
RMF-18
= Commercial, Intluslnal, Resldentlal
RMF-2a
INSTITUTIONAL
RMF-00
_P1
INDUSTRIAL I-1 Heavy Comma i ana Light Indus Running Commissi n
2
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 14 of 17
RZN-2022-0040
Close Up View
RSF-4
z
J
l
W
2
2255 E. H U NTSVI LLE RD
L' 1
- 7H7777-7 - - - --LLE�RD�
LEE-ST
HELEN-ST
R-A
Regional Link - High Activity
Residential Link
- - - Trail (Proposed)
r _ _i Planning Area
Fayetteville City Limits
0 75 150
C-1
-
----------
SubjectPropertyI----------
Feet
300
1:2,400
r 7
LA
450 600
XNORTH
Zoning Acres
NS-G 1.2
Total 1.2
Planning Comm
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 15 of 17
RZN-2022-0040 2255 E. HUNTSVILLE RD
Current Land use
NORTH
L 4
9
(° �r Single -Family Residential k 0io
T- HUN Subject Property .`
Undeveloped
Single -Family Residential
-10
y
.TF
..� - v' '< 7 '?!'±i?..lei•
M1' v
:... Undeveloped
Regional Link - High Activity
Unclassified
Residential Link
Trail (Proposed)
r Planning Area
Fayetteville City Limits
Feet
0 112.5 225 450 675 900
1:3,600
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Planning Commissi r
L
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 16 of 17
RZN-2022-0040 2255 E. H U NTSVI LLE RD A&
Future Land Use N 0 RT H
,
' NEEL-Y QV
Res dential
Neig borhood
,
i
Z
J � i
} i
� City i
W Neighborhood 0
Y I ' O
V �
O N
in Z O
J J m
W i �
W
W
Q v Subject Property
I
-IY------ HUNT 1E,RD ,
,
FA if?
m
LEE-ST
m '
HELEN-ST
,
Natural
i
----------
i
i
i
City Neighborhood
Regional Link -High Activity Civic Institutional
Civic and Private Open Space
Unclassified Industrial
Residential Link Feet Natural
r _ _i Planning Area 0 145 290 580 870 1,160 Non -Municipal Government
Residential Neighborhood
Fayetteville City Limits
Rural Residential
- - - Trail (Proposed) 1:4,800 Urban Center
Planning Commissi n
2
Agenda Item 14
RZN-2022-0040 (BROOMFIELD)
Page 17 of 17