HomeMy WebLinkAboutOrdinance 6627IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 020915650003 Type. REL
Kind ORDINANCE
Recorded: O1/O6/2023 at 01:4]:46 PM
Fee Amp: n _.00 Pape 1 of 3
w'+ Nashlnpton CpuntV. AR
Kyle 6ylv/a]st�a]r Clrcult Clerk
113 West Mountain Street Fl1e2023-00000630
Fayetlemile, AR 72701
(479)5]5-6323
Ordinance: 6627
File- Number: 2022-1064
RZN 22-046 (822 N. GARLAND AVE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 22-W LOCATED AT 822 NORTH GARLAND AVENUE IN WARD 2 FOR
APPROXIMATELY 0.10 ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40
UNITS PER ACRE TO CS, COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-40, Residential Muld-Family, 40
Units Per Acre to CS, Community Services.
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 12/6/2022
Attest:
Kara Paxton, City erk Treasurer
Paps r PM an lwm
RZN-2022-0046 822 N. GARLAND AVE EXHIBIT'A'
Close Up view RZN-2022-0046
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EXHIBIT'B'
RZN-2022-0046
LEGAL DESCRIPTION
PT LOT 12 BILK 12 FURTHER DESCRIBED FROM 2014-30579 AS: Lot 12, Block 12,
in Rose Hill Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the plat of said addition of record in said county. Less and Except: A
part of Lot 12, Block 12, Rose Hill Addition to the City of Fayetteville, Washington
County, Arkansas, more particularly described as follows: Starting at the SE corner of
Lot 7, Block 12, Rose Hill Addition, said point also being on the Northerly existing right-
of-way line of Eagle Street, thence N 86°43'22" W along said existing right-of-way line a
distance of 140.00 feet to a point on the Easterly right-of-way line of State Highway 112;
thence N 02018'30" E along said existing right-of-way line a distance of 250.28 feet to a
point on the South line of Lot 12, Block 12 of Rose Hill Addition for the Point of
Beginning; thence continue N 02°18'30" E along the Easterly existing right-of-way line of
Arkansas State Highway 112 a distance of 49.95 feet to a point of the Southerly existing
right-of-way line of Berry Street; thence S 86° 49'53" E along said existing right-of-way
line a distance of 26.32 feet to a point on the Easterly proposed right-of-way line of
State Highway 112; thence S 48°53'15" W along said proposed right-of-way line a
distance of 22.65 feet to a point; thence S 05°21'54" W along said proposed right-of-
way line a distance of 34.16 feet to a point on the South line of Lot 12, Block 12, Rose
Hill Addition; thence N 86°46'38" W along said South line a distance of 8.05 feet to the
Point of Beginning and containing 592 square feet, more or less.
Washington County, AR
I certify this instrument was filed on
01/06/2023 0147:46 PM
and recorded in Real Estate
File Number 2023-00000630
Kyle Sylvester- Circuit Clerk
by --'
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-1064
Agenda Date: 12/6/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: D.3
RZN 22-046 (822 N. GARLAND AVE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-046 LOCATED AT 822 NORTH GARLAND AVENUE IN WARD 2 FOR APPROXIMATELY 0.10
ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO CS,
COMMUNITY SERVICES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-40, Residential Multi -Family, 40 Units Per Acre to CS, Community
Services.
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 121712022
City of Fayetteville Staff Review Form
2022-1064
Legistar File ID
12/6/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 11/18/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0046: Rezoning (822 N. GARLAND AVE/822 N GARLAND LLC, 444): Submitted by OLSSON for property
located at 822 N GARLAND AVE in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY
UNITS PER ACRE and contains approximately 0.10 acres. The request is to rezone the property to CS, COMMUNITY
SERVICES.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF DECEMBER 6, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessie Masters, Development Review Manager
DATE: November 18, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0046: Rezoning (822 N. GARLAND AVE/822 N GARLAND LLC,
444): Submitted by OLSSON for property located at 822 N GARLAND AVE in
WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY
UNITS PER ACRE and contains approximately 0.10 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES.
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 at the southeast corner of N. Garland Avenue and W. Berry Street,
approximately 600 feet north of the University of Arkansas campus. Containing 0.10 acres, the
property is currently developed with a single-family dwelling and is zoned RMF-40, Residential
Multi -Family, 40 Units per Acre. No overlay districts currently govern the property; it is outside of
the Hillside Hilltop Overlay District.
Request: The request is to rezone the property to CS, Community Services. The applicant has
not submitted any specific development plans but indicates that the request would allow for
additional density, and more flexible setback requirements to use the site more efficiently.
Public Comment: Staff has received a letter of support of the request from a surrounding property
owner, and it is attached to this packet.
Land Use Compatibility: Staff finds that the request is compatible with surrounding land uses. To
the north and east of the property is multi -family residential, and to the south is a two-family
structure. Under the current zoning entitlement, the property could be developed to a density of
up to 40 units per acre, so up to 4 units could be developed on the site given its current acreage.
Under CS, the requested zoning district, there is no stated density maximum; however, the density
would still be subject to other development standards, such as parking requirements (1 space per
bedroom for multi -family or 2 spaces per unit for single-, two-, or three-family structures), tree
preservation, and other stormwater and drainage requirements. From a use perspective, CS
zoning would allow additional commercial and non-residential uses that are not currently
permitted. Staff finds that the introduction of these uses in this area would be compatible within
the existing high -density residential area, and within such proximity to the large University
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
institution where many individuals are traveling by foot or other alternative means of
transportation. Since the property is on a corner lot, with access to an alley -way, staff finds that
the property would have the ability to be developed in a form -based and walkable manner, with
rear -loaded parking and a high level of connectivity.
Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies,
the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a
City Neighborhood Area, which calls out for dense, walkable development patterns within the City,
and for neighborhood services to be located at street corners. This zoning request has the
potential to meet goal #3, by growing the potential for a more compact, complete, and connected
development pattern. Further, the zoning request promotes infill development (goal #1) by
bringing added density to neighborhood with a high infill score, and brings the opportunity for the
insertion of non-residential uses as well. N. Garland Avenue has available public transportation
options, and is also called out as a Regional High -Activity Link Street.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site. The following elements of the matrix contribute to the score
• Adequate Fire Response (Fire Station #2, 708 N. Garland Avenue)
• Near Sewer Main (10" sewer main through alley)
• Near Water Main (2" water main though alley, 8" water main N. Garland Avenue)
• Near Grocery Store (Harps)
• Near Public School (Leverett Elementary School)
• Near U of A Campus (Approximately 700 feet to the south)
• Near Paved Trail (Side -Path trail along west side of N. Garland)
• Near Razorback Bus Stop (Route 48 and Route 21)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections/square mile
DISCUSSION:
At the November 15, 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 Garlock seconded. Commissioners offered little comment on the item, finding the
applicant's request to rezone to CS, Community Services to be compatible. No members of the
public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0046
Close Up View
822 N . GARLAND AVE
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Regional Link - High Activity
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Residential Link
Hillside -Hilltop Overlay District
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EXHIBIT 'A'
RZN-2022-0046
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Total 0.1
EXHIBIT 'B'
RZN-2022-0046
LEGAL DESCRIPTION
PT LOT 12 BLK 12 FURTHER DESCRIBED FROM 2014-30579 AS: Lot 12, Block 12,
in Rose Hill Addition to the City of Fayetteville, Washington County, Arkansas, as
designated upon the plat of said addition of record in said county. Less and Except: A
part of Lot 12, Block 12, Rose Hill Addition to the City of Fayetteville, Washington
County, Arkansas, more particularly described as follows: Starting at the SE corner of
Lot 7, Block 12, Rose Hill Addition, said point also being on the Northerly existing right-
of-way line of Eagle Street, thence N 86°43'22" W along said existing right-of-way line a
distance of 140.00 feet to a point on the Easterly right-of-way line of State Highway 112;
thence N 02018'30" E along said existing right-of-way line a distance of 250.28 feet to a
point on the South line of Lot 12, Block 12 of Rose Hill Addition for the Point of
Beginning; thence continue N 02°18'30" E along the Easterly existing right-of-way line of
Arkansas State Highway 112 a distance of 49.95 feet to a point of the Southerly existing
right-of-way line of Berry Street; thence S 86' 49'53" E along said existing right-of-way
line a distance of 26.32 feet to a point on the Easterly proposed right-of-way line of
State Highway 112; thence S 48°53'15" W along said proposed right-of-way line a
distance of 22.65 feet to a point; thence S 05°21'54" W along said proposed right-of-
way line a distance of 34.16 feet to a point on the South line of Lot 12, Block 12, Rose
Hill Addition; thence N 86°46'38" W along said South line a distance of 8.05 feet to the
Point of Beginning and containing 592 square feet, more or less.
CITY OF
_' FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
MEETING DATE: November 14, 2022 Updated with PC hearing results from 11/14/2022
SUBJECT: RZN-2022-0046: Rezoning (822 N. GARLAND AVE/822 N GARLAND
LLC, 444): Submitted by OLSSON for property located at 822 N GARLAND
AVE. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY,
FORTY UNITS PER ACRE and contains approximately 0.10 acres. The
request is to rezone the property to CS, COMMUNITY SERVICES.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0046 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0046 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located at the southeast corner of N. Garland Avenue and W. Berry Street,
approximately 600 feet north of the University of Arkansas campus. Containing 0.10 acres, the
property is currently developed with a single-family dwelling and is zoned RMF-40, Residential
Multi -Family, 40 Units per Acre. No overlay districts currently govern the property; it is outside of
the Hillside Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Multi -family Residential
CS, Community Services
South
Single -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
East
Multi -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
West
Undeveloped/University of Arkansas
R-O, Residential Office
Request: The request is to rezone the property to CS, Community Services. The applicant has
not submitted any specific development plans to City staff but indicates that the request would
allow for additional density, and more flexible setback requirements to use the site more
efficiently.
Public Comment: Staff has received a letter of support of the request from a surrounding property
owner, and it is attached to this packet.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the south side of W. Berry Street which is a
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 1 of 16
fully improved Residential Link street with asphalt paving, sidewalk, and curb and
gutter. The subject area also has frontage along the east side of N. Garland
Avenue, which is a fully improved Regional Link — High Activity street with asphalt
paving, sidewalk, and curb and gutter. 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 2-inch water main is
present on the center of the alley on the east side of the subject property. An
existing 8-inch water main is present along the east side of N. Garland Avenue.
Sewer: Sanitary sewer is available to the subject area. An existing 10-inch sewer main is
present on the west side of the alley on the east side of the subject 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 2, located at 708 Garland Ave., protects this site. The property is located
approximately 0.2 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: Any additional improvements or requirements for drainage will be determined at
time of development. No portion of the site is located within the Hillside -Hilltop
Overlay District, nor within a FEMA floodplain. There are no protected streams on
the subject property, and no hydric soils are present in the area.
Tree Preservation:
The existing zoning district of RMF-40, Residential Multi -Family, 40 Units per Acre
requires 20% minimum canopy preservation. The requested zoning district of
CS, Community Services also requires 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 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
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 10 for this
site, with a weighted score of 13. The following elements of the matrix contribute to the score:
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 2 of 16
• Adequate Fire Response (Fire Station #2, 708 N. Garland Avenue)
• Near Sewer Main (10" sewer main through alley)
• Near Water Main (2" water main though alley, 8" water main N. Garland Avenue)
• Near Grocery Store (Harps)
• Near Public School (Leverett Elementary School)
• Near U of A Campus (Approximately 700 feet to the south)
• Near Paved Trail (Side -Path trail along west side of N. Garland)
• Near Razorback Bus Stop (Route 48 and Route 21)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density (Greater than 140 intersections/square mile)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds that the request is compatible with
surrounding land uses. To the north and east of the property is multi -family
residential, and to the south is a two-family structure. Under the current
zoning entitlement, the property could be developed to a density of up to 40
units per acre, so up to 4 units could be developed on the site given its
current acreage. Under CS, the requested zoning district, there is no stated
density maximum; however, the density would still be subject to other
development standards, such as parking requirements (1 unit per bedroom
for multi -family) or 2 spaces per unit (for single-, two-, or three-family
structures), tree preservation, and other stormwater and drainage
requirements. From a use perspective, CS zoning would allow additional
commercial and non-residential uses that are not currently permitted from a
land use perspective. Staff finds that the introduction of these uses in this
area would be compatible within the existing high -density residential area,
and within such proximity to the large University institution where many
individuals are traveling by foot or other alternative means of transportation.
Since the property is on a corner lot, with access to an alley -way, staff finds
that the property would have the ability to be developed in a form -based and
walkable manner, with rear -loaded parking and a high level of connectivity.
Land Use Plan Analysis: Staff finds that the request is consistent with
adopted land use policies, the Future Land Use Map designation, and goals
of City Plan 2040. The area is designated as a City Neighborhood Area, which
calls out for dense, walkable development patterns within the City, and for
neighborhood services to be located at street corners. This zoning request
has the potential to meet goal #3, by growing the potential for a more
compact, complete, and connected development pattern. Further, the zoning
request promotes infill development (goal #1) by bringing added density to
neighborhood with a high infill score, and brings the opportunity for the
insertion of non-residential uses as well. N. Garland Avenue has available
public transportation options, and is also called out as a Regional High -
Activity Link Street.
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 3 of 16
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: A rezone from RMF-40 to CS is justified to meet the goals of City Plan 2040,
such as goal #1 of added appropriate infill, and goal #3 of compact, complete,
and connected development.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RMF-40 to CS would not likely appreciably
increase traffic danger or congestion. The property has the ability to be rear
loaded with access from the existing alley, rather than from the High -Activity
Link Street. Further, given the size, the number of units that could
reasonably be added would not negatively impact traffic congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from RMF-40 to CS as the applicant is requesting
would not undesirably increase the load on public services. This area has
been called out as City Neighborhood Area, much in part due to the available
infrastructure that already exists.
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-2022-0046.
PLANNING COMMISSION ACTION: Required YES
Date: November 14, 2022 O Tabled 0 Forwarded O Denied
(Motion: Johnson With a recommendation
of approval
Second: Garlock
(Vote: 7-0-0
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 4 of 16
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
o §161.22 -Community Services
• Applicant Request Letter
• Public Comment
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Unit 12a
Funit 24
Manufactured home park
Limited business
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 5 of 16
(C) Density.
Units per acre Forty (40) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park 1100 feet
Lot within a Manufactured home park 50 feet
Single-family 30 feet
Two (2) family 30 feet
Three or more 70 feet
Professional offices 100 feet
(2) Lot Area Minimum.
Manufactured home park
[Lot within a mobile home park
3 acres
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two (2) family
3,000 square feet
Three (3) or more
7,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 1500 square feet per resident
(E) Setback Requirements.
Side
Side Single &
Rear
Rear
Front
Other
Two (2)
Other
Single
Uses
Family
Uses
Family
A build -to zone that is located between
the front property line and a line 25 feet
8 feet
5 feet
20 feet
5 feet
from the front property line.
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 6 of 16
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories'
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the
master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set
back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-
09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664,
2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21)
Editor's note— Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City
Council amends this ordinance to repeal this sunset, repeal and termination section."
161.22 - Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use
centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1 City-wide uses by right
Unit 4
Unit 5
Unit 8
Unit 9
Unit 10
Unit 13
Unit 15
Cultural and recreational facilities
Government facilities
Single-family dwellings
Two-family dwellings
Three (3) and four (4) family dwellings
Eating places
Neighborhood Shopping goods
Unit 24 Home occupations
Unit 25 Offices, studios and related services
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 7 of 16
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
Unit 3
Unit
14
Unit
16
Unit
17
Unit
18
Unit
19
Unit
28
Unit
34
Unit
35
Unit
36
Unit
42
City-wide uses by conditional use permit
Public protection and utility facilities
Hotel, motel and amusement services
Shopping goods
Transportation, trades and services
Gasoline service stations and drive-in/drive-through
restaurants
Commercial recreation, small sites
Center for collecting recyclable materials
Liquor stores
Outdoor music establishments
Wireless communication facilities*
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 8 of 16
(2) Lot Area Minimum. None.
(E) Setback regulations.
[Front:
Side and rear:
FSide or rear, when contiguous
to a single-family residential
district:
A build -to zone that is located
between 10 feet and a line 25 feet
from the front property line.
None
15 feet
(F) Building Height Regulations.
Building Height Maximum 5 stories J
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-
18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945,
§§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 6409 41, 2-2-21; Ord.
No. 6427 , §§l(Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
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
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 9 of 16
September 15, 2022
City of Fayetteville Planning Department
City of Fayetteville Planning Commission
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Letter of Intent for Rezoning ±0.10 Ac. of Parcel 765-10398-000
Property Information: NWC of N Garland Ave. and W Berry St.
Tract Size: ±0.1 Ac. Total
Proposed Zoning: Community Services - CS
Existing Zoning: Residential Multi -Family - RMF-40
Current Owner: 822 N GARLAND LLC
822 N Garland Avenue, Fayetteville, Arkansas 72703
Applicant: Olsson, Inc.
302 E Millsap Road, Fayetteville, Arkansas 72703
This letter serves as a request for rezoning of parcel 765-10398-000 from its current designation
of RMF-40 to Community Services (CS). This parcel is located on the southeast portion of the
intersection of North Garland Avenue and West Berry Street.
Due to the existing site conditions, converting the zoning would alleviate density and setback
issues caused by the incredibly narrow nature of the site and allow for a much more efficient
use of the space when compared to the limitations that RMF-40 presents. Additionally, the
rezoning would allow for the matching and continuation of the opposite property's zoning that is
also designated as Community Services.
With these factors in mind, it is believed that the rezoning is not only consistent with the
development in the immediate area, but also not affect the surrounding properties in any
unreasonably adverse way.
Sincerely,
I�t`t K. Loos PE
Olsson Project Manager
302 E. Millsap Road / Fayette\Fi)Wr pG?(22405nission
November 14, 2022
O 479.443.3404 / ols R8A9tem 10
RZN-2022-0046 (LOOS)
Page 10 of 16
Masters, Jessica
From:
Hugh Jarratt <hugh jarratt@lindseymgmt.com>
Sent:
Thursday, October 27, 2022 2:00 PM
To:
Masters, Jessica
Cc:
Hopkins, Mirinda
Subject:
Re: 822 Garland
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
I got a hold of them. They are doing several townhouses.
I am all for it. I hope yall approve them.
Hugh
On Thu, Oct 27, 2022 at 1:57 PM Masters, Jessica < *masters @fayetteviIle-ar.gov> wrote:
Hugh,
They have not submitted any development plans with the proposal, so we do not know what they are looking to do.
I've attached the applicant's request letter for your reference.
Jessie
Jessie Masters
Development Review Manager
City of Fayetteville, Arkansas
(479) 575-8239
www.favetteville-ar.gov
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANSAS
1 Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 11 of 16
From: Hugh Jarratt <hugh.iarratt@lindsevmgmt.com>
Sent: Thursday, October 27, 2022 1:47 PM
To: Masters, Jessica <jmasters@fayetteville-ar.gov>; Hopkins, Mirinda <mhopkins@favetteville-ar.gov>
Subject: 822 Garland
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Jesse and Mirinda:
I saw a sign at 822 Garland for a rezone from RMF-40 to CS. Do yall know what they are planning? I am not opposed to
anything, I am just curious because I own the house next door.
Hugh
This e-mail and any attachment are privileged and confidential. If you have received this e-mail in error, destroy it immediately
This e-mail and any attachment are privileged and confidential. If you have received this e-mail in error, destroy it immediately
Planning Commission
November 14, 2022
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 12 of 16
RZN-2022-0046 822 N. GARLAND AVE
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Agenda Item 10
RZN-2022-0046 (LOOS)
Page 13 of 16
RZN-2022-0046
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Planning Comm
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Agenda Item 10
RZN-2022-0046 (LOOS)
Page 14 of 16
RZN-2022-0046
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Planning Commissi n
2
Agenda Item 10
RZN-2022-0046 (LOOS)
Page 15 of 16
RZN-2022-0046 1 822 N. GARLAND AVE
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Agenda Item 10
RZN-2022-0046 (LOOS)
Page 16 of 16
RECEIVED
DEC 272LnENORTHwEsTADJlmAc CTMITYCLERK0RFCDemocrat WOnefte
-i E},L E AR 12702 794:2-1-CO- Fnk 4.969, 9t8• A.
AFFIDAVIT OF PUBLICATION
I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville -Clerks Office
Ord. 6627
Was inserted in the Regular Edition on:
December 19, 2022
Publication Charges: $78.00
i
P ola Lopez
Subscribed and sworn to before me
This 2-1 day of b x. , 2022.
iRUSHER
lk.1 Pc-daro
au
mamotlton County
Commicar,1
YCarmen.,E,me;F.a 12
2tta
Notary Public
My Commission Expires: 7-1 t, I "
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
122-046 (822 N. C
ORDINANCE TO
PETITION RZN 22446
kT 822 NORTH
AVENUE IN WARD 2
)XIMATELY 0.10 ACRES
-00, RESIDENTIAL
41LY, 40 UN TS PER
IT ORDAINED BY THE CITY
JNCIL OF THE CRY OF
(ETTEVILLE, ARKANSAS.
ion I: That the City Council of
Property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to the Planning
Deparmienrs Agenda Memo from Mr.
40, Residential Multi -Family, 40 Units
Per Acre to CS, Community Services.
Secaon2: Thatthe CityCouncilofthe
City ofFayethwille, Arkansas hereby
amend, the official zoning map ofNe
City of Fayam aille to re0em the zoning
change provided in Section 1.
PASSED and APPROVED on
IV/ 022
m, City Clerk Tom.,
:anon was Paid for by the Ci
e, Arkansas. Amount paid $
Dec 19, 2022
