HomeMy WebLinkAboutOrdinance 6629113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6629
File Number: 2022-259
RZN 22-048 (1657 N. VANDEVENTER AVENUE, OSBORNE):
Ooc ID: 020914880003 Type. REL
Klnd: ORDINANCE
Recorded: O1/OB/2023 at 11:32: 17 AN
Fee Amt: 525.00 Pape 1 of 3
ilaehlnAteO CountY� AR
Nyle 3Vlvester Clrcult Clerk
FLIe2023-00000595
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-048
LOCATED AT 1657 NORTH VANDEVENTER AVENUE IN WARD 2 FOR APPROXIMATELY 0.67 ACRES
FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE
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
properly 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 RMF-24, Residential Multi -
Family, 24 Units Per Acre.
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 December 20, 2022
Approved:
Li ,ld Jordan, M o
Page 1
RZN-2022-0048
EXHIBIT `B'
REZONE DESCRIPTION:
TRACT 1: THE NORTH EIGHTY (80) FEET OF LOT NUMBERED EIGHT (8), SEAMSTER PLACE ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF SAID LOT EIGHT (8), SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S00°06'50"E 80.00 FEET ALONG THE EAST LINE OF SAID LOT EIGHT (8) TO A SET 1/2" IRON REBAR; THENCE
S89°40'38"W 157.47 FEET (PLAT = 156 FEET) TO A SET 1/2" IRON REBAR; THENCE N01°07'47"E 25.09 FEET
TO AN EXISTING IRON REBAR; THENCE N00°59'59"E 54.90 FEET TO AN EXISTING IRON REBAR; THENCE
N89°22'22"E 35.86 FEET TO AN EXISTING IRON REBAR; THENCE N89°45'19"E 120.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.29 ACRES, MORE OR LESS.
TRACT 2: THE EAST ONE HUNDRED TWENTY (120) FEET OF LOT NUMBERED NINE (9), SEAMSTER PLACE
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING
ATTHE NORTHEAST CORNER OF SAID LOT NINE (9), SAID POINT BEING A CHISLED'X' IN A CONCRETE CURB;
THENCE S00°06'50"E 139.24 FEET (PLAT = 140 FEET) TO A SET 1/2" IRON REBAR AT THE SOUTHEAST
CORNER OF SAID LOT NINE (9); THENCE S89°45'19"W 120.00 FEETTO AN EXISTING IRON REBAR; THENCE
N00°06'49"W 139.75 FEET (PLAT = 140 FEET) TO AN EXISTING IRON REBAR; THENCE EAST 120.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.38 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
01/06/2023 11:32:17 AM
and recorded in Real Estate
File Number 2023-00000595
Kyle Sylvester - Circuit Clerk
by.-y" ,.-`—.ter• __—...
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p (479)575-8323
Text File
File Number: 2022-1078
Agenda Date: 12/20/2022 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B.2
RZN 22-048 (1657 N. VANDEVENTER AVENUE, OSBORNE):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-048 LOCATED AT 1657 NORTH VANDEVENTER AVENUE IN WARD 2 FOR
APPROXIMATELY 0.67 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER
ACRE TO RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE
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 RMF-24, Residential Multi -Family, 24 Units Per Acre.
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 1212112022
City of Fayetteville Staff Review Form
2022-1078
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-2022-0048: Rezone (1657 N. VANDEVENTER AVE./OSBORNE, 406): Submitted by HALL ESTILL LAW FIRM for
property located at 1657 N. VANDEVENTER AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, 4 UNITS PER ACRE and contains approximately 0.67 acres. The request is to rezone the property to RMF-
24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 6, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE: November 18, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0048: Rezone (1657 N. VANDEVENTER AVE./OSBORNE, 406):
Submitted by HALL ESTILL LAW FIRM for property located at 1657 N.
VANDEVENTER AVE. in WARD 2. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.67 acres.
The request is to rezone the property to RMF-24, RESIDENTIAL MULTI -FAMILY,
24 UNITS PER ACRE.
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 contains two parcels totaling 0.67 acres just southwest of the intersection of
Sycamore Street and Vandeventer Avenue. The property is largely covered by tree canopy and
currently developed with one single-family dwelling which was built in 1956. The northern portion
of the property is fairly steep with a grade in excess of 30%, and most of the property is located
within the Hillside/Hilltop Overlay District.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RMF-24, Residential Multi -Family, 24 Units per Acre.
Public Comment: Staff received several inquiries about this request and one phone call from a
neighbor who expressed concerns about increased density. Prior to the November 14th Planning
Commission meeting but after publication of the staff report, staff received an email from a
neighbor who shared their opposition to the request due to the potential for increased traffic along
Vandeventer Avenue.
Land Use Compatibility: Staff finds the proposed rezoning to be generally compatible with
surrounding land uses. While there are only one- and two-family dwellings immediately adjacent
to the subject property, the surrounding neighborhood includes a broad mix of residential dwelling
types in a variety of densities. A rezoning from RSF-4 to RMF-24 would expand the variety of
housing types permitted by right to include everything from single-family to multi -family dwellings,
which is consistent with the current development and zoning pattern in the area. While an
incremental rezoning to an intermediate zoning district may be more suitable given the topography
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
of the site and the unimproved condition of Vandeventer Avenue, staff finds the proposed
rezoning to be justified given the property's proximity to multi -family dwellings, nonresidential
uses, and prominent thoroughfares. Staff also finds that the bulk and area regulations are suitable
and not out of context with the surrounding area. Several adjacent properties along Sycamore
Street are developed with buildings that do not meet the conventional front setback of the RSF-4
zoning district, so rezoning to a district that allows a 0- to 25-foot build -to zone would allow for
development that could contribute to a moderately uniform line of buildings along the street. A
rezoning from RSF-4 to RMF-24 would also increase the building height maximum from three to
five stories, though staff finds that this increase would not be out of scale with the subject property
given its slope. Further, staff finds increasing the variety of building types and densities to be
appropriate on a corner lot with frontage on a Neighborhood Link street, since it is less likely to
disturb an established residential neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the
City's future land use plans. The City Plan 2040 Future Land Use Map designates the subject
property as both Residential Neighborhood and City Neighborhood area. Staff finds that the
proposed RMF-24 zoning is consistent with those classifications since it would allow for a wider
spectrum of residential housing types and densities than what is currently allowed, near prominent
thoroughfares and nonresidential uses. Staff finds that a rezoning to RMF-24 is also consistent
with Goals 4 and 6 City Plan 2040. Development under the RMF-24 zoning district could
encourage a livable transportation network by offering occupants' access to the nearby
Razorback Greenway and public transit stops and could provide more opportunities for housing
beyond what would be permitted in the existing single-family zoning district.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range between
8 and 9 for this site. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station 2, 708 N. Garland Ave.)
Near Sewer Main (6" main, Sycamore Street and on site)
Near Water Main (2.25" and 8" main, Vandeventer Avenue and Sycamore Street)
• Near Public School (Woodland Junior High)
• Near City Park (Gregory Park)
• Near Paved Trail (Sycamore Street, Razorback Greenway)
Near ORT Bus Stop (Route 10)
Near Razorback Bus Stop (Route 26)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the November 14, 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. Commissioners offered little comment, finding the request to
be consistent with the City's land use plans and policies. One member of the public attempted to
speak at the meeting though technical issues prevented them from doing so. No public comment
was offered otherwise.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS:
• Exhibit A
• Exhibit B
0 Planning Commission Staff Report
RZN-2022-0048
Close Up View
W
Neighborhood Link
Unclassified
Residential Link
Hillside -Hilltop Overlay District
r ; Planning Area
Fayetteville City Limits
1657 N. VANDEVENTER AVE
,ST
0 75 150
Subject Property
Feet
300
1:2,400
450 600
RZN-2022-0048
EXHIBIT 'A'
RSF-4
Zoning Acres
RMF-24 0.7
Total 0.7
RZN-2022-0048
EXHIBITS'
REZONE DESCRIPTION:
TRACT 1: THE NORTH EIGHTY (80) FEET OF LOT NUMBERED EIGHT (8), SEAMSTER PLACE ADDITION TO
THE CITY OF FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF SAID LOT EIGHT (8), SAID POINT BEING A SET 1/2" IRON REBAR; THENCE
S00°06'50"E 80.00 FEET ALONG THE EAST LINE OF SAID LOT EIGHT (8) TO A SET 1/2" IRON REBAR; THENCE
S89°40'38"W 157.47 FEET (PLAT = 156 FEET) TO A SET 1/2" IRON REBAR; THENCE N01°07'47"E 25.09 FEET
TO AN EXISTING IRON REBAR; THENCE N00°59'59"E 54.90 FEET TO AN EXISTING IRON REBAR; THENCE
N89°22'22"E 35.86 FEET TO AN EXISTING IRON REBAR; THENCE N89°45'19"E 120.00 FEET TO THE POINT
OF BEGINNING, CONTAINING 0.29 ACRES, MORE OR LESS.
TRACT 2: THE EAST ONE HUNDRED TWENTY (120) FEET OF LOT NUMBERED NINE (9), SEAMSTER PLACE
ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS, ALSO BEING DESCRIBED AS FOLLOWS: BEGINNING
ATTHE NORTHEAST CORNER OF SAID LOT NINE (9), SAID POINT BEING A CHISLED'X' IN A CONCRETE CURB;
THENCE S00°06'50"E 139.24 FEET (PLAT = 140 FEET) TO A SET 1/2" IRON REBAR AT THE SOUTHEAST
CORNER OF SAID LOT NINE (9); THENCE S89°45'19"W 120.00 FEET TO AN EXISTING IRON REBAR; THENCE
N00°06'49"W 139.75 FEET (PLAT = 140 FEET) TO AN EXISTING IRON REBAR; THENCE EAST 120.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.38 ACRES, MORE OR LESS.
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: November 14, 2022 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0048: Rezone (1657 N. VANDEVENTER AVEJOSBORNE,
406): Submitted by HALL ESTILL LAW FIRM for property located at 1657
N. VANDEVENTER AVE. The property is zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.67
acres. The request is to rezone the property to RMF-24, RESIDENTIAL
MULTI -FAMILY, 24 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0048 to City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0048 to City Council with a recommendation of approval."
BACKGROUND:
The subject property contains two parcels totaling 0.67 acres just southwest of the intersection of
Sycamore Street and Vandeventer Avenue. The property is largely covered by tree canopy and
currently developed with one single-family dwelling which was built in 1956. The northern portion
of the property is fairly steep with a grade in excess of 30%, and most of the property is located
within the Hillside/Hilltop Overlay District. Surrounding land use and zoning is shown in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Two -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RMF-24, Residential Multi -Family, 24 Units per Acre.
Public Comment: Staff received several inquiries about this request and one phone call from a
neighbor who expressed their concerns about increased density on this site.
INFRASTRUCTURE:
Streets: The subject property has frontage along Sycamore Street and Vandeventer
Avenue. Sycamore is a partially -improved Neighborhood Link street with asphalt
paving, partial sidewalk, curb, and gutter; and Vandeventer Avenue is a partially -
improved Residential Link street with asphalt paving and open ditches. Any street
improvements required in these areas would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing 2.25-inch water main
is present in the center of Vandeventer Avenue, and an eight -inch main is present
in the center of Sycamore Street.
Sewer: Sanitary sewer is available to the subject property. Existing six-inch sewer mains
are present on the west side of the property and in the center of Sycamore Street.
Drainage: No portion of the subject property lies within a streamside protection zone and no
FEMA-designated floodplains or hydric soils are present, though a portion of the
property is located within the Hillside/Hilltop Overlay District. Additional restrictions
will apply at the time of development. Engineered footing designs will be required
at the time of building permit submittal, as well as grading, erosion control and
abbreviated tree preservation plans. Any additional improvements or requirements
for drainage would be determined at the time of development.
Fire: Station 2, located at 708 N. Garland Ave., protects this site. The property is located
approximately 1.4 miles 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. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The requested zoning district, RMF-24, Residential Multi -Family, 24 Units per
Acre, requires 20% minimum canopy preservation. The current zoning district,
RSF-4, Residential Single -Family, 4 Units per Acre, requires 25% minimum
canopy preservation. All residential zoning districts within the Hillside/Hilltop
Overlay District have their percent minimum canopy requirements increased by 5%.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as City Neighborhood and Residential
Neighborhood area.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a mix of non-residential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types from single-family to multi -family.
Nonresidential and commercial uses are primarily located at street intersections and along major
corridors. Ideally, commercial uses would have a residential component and vary in size, variety
and intensity. The street network should have a high number of intersections creating a system
of small blocks with a high level of connectivity between neighborhoods. Building setbacks and
landscaping are urban in form with street trees typically being located within the sidewalk zone.
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.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 8-9 for
this site with a weighted score of 11.5 at the highest level. The following elements of the matrix
contribute to the score:
• 4 Minute Fire Response (Station 2, 708 N. Garland Ave.)
• Near Sewer Main (6" main, Sycamore Street and on site)
• Near Water Main (2.25" and 8" main, Vandeventer Avenue and Sycamore Street)
• Near Public School (Woodland Junior High)
• Near City Park (Gregory Park)
• Near Paved Trail (Sycamore Street, Razorback Greenway)
• Near ORT Bus Stop (Route 10)
• Near Razorback Bus Stop (Route 26)
• 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 proposed rezoning to be generally
compatible with surrounding land uses. While there are only one- and two-
family dwellings immediately adjacent to the subject property, the
surrounding neighborhood includes a broad mix of residential dwelling
types in a variety of densities. A rezoning from RSF-4 to RMF-24 would
expand the variety of housing types permitted by right to include everything
from single-family to multi -family dwellings, which is consistent with the
current development and zoning pattern in the area. While an incremental
rezoning to an intermediate zoning district may be more suitable given the
topography of the site and the unimproved condition of Vandeventer
Avenue, staff finds the proposed rezoning to be justified given the property's
proximity to multi -family dwellings, nonresidential uses, and prominent
thoroughfares. Staff also finds that the bulk and area regulations are suitable
and not out of context with the surrounding area. Several adjacent properties
along Sycamore Street are developed with buildings that do not meet the
conventional front setback of the RSF-4 zoning district, so rezoning to a
district that allows a 0- to 25-foot build -to zone would allow for development
that could contribute to a moderately uniform line of buildings along the
street. A rezoning from RSF-4 to RMF-24 would also increase the building
height maximum from three to five stories, though staff finds that this
increase would not be out of scale with the subject property given its slope.
Further, staff finds increasing the variety of building types and densities to
be appropriate on a corner lot with frontage on a Neighborhood Link street,
since it is less likely to disturb an established residential neighborhood.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally
consistent with the City's future land use plans. The City Plan 2040 Future
Land Use Map designates the subject property as both Residential
Neighborhood and City Neighborhood area. Staff finds that the proposed
RMF-24 zoning is consistent with those classifications since it would allow
for a wider spectrum of residential housing types and densities than what is
currently allowed, near prominent thoroughfares and nonresidential uses.
Staff finds that a rezoning to RMF-24 is also consistent with Goals 4 and 6
City Plan 2040. Development under the RMF-24 zoning district could
encourage a livable transportation network by offering occupants' access to
the nearby Razorback Greenway and public transit stops and could provide
more opportunities for housing beyond what would be permitted in the
existing single-family zoning district.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification for rezoning the property to
RMF-24 at this time. The request is generally aligned with several goals of
City Plan 2040 and consistent with the development and zoning pattern in
the surrounding area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property from RSF-4 to RMF-24 has the potential to create or
appreciably increase traffic danger and congestion. However, the subject
property has access to public trails and transit stops and frontage along two
public streets, one of which is classified as a Residential Link, which
suggests that an increased number of vehicle trips could be accommodated
without increasing danger or congestion in the neighborhood. Any
significant traffic impacts would be fully evaluated and mitigated at the time
of development review.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RMF-24 has the potential to alter the population
density and increase the load on public services, though not to an
undesirable degree. The size of the property and the City's parking, tree
preservation, and stormwater ordinances, will limit the scale of any future
development to reduce impacts on natural resources and public services.
Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0048 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: November 14, 2022 0 Tabled 0 Forwarded O Denied
with a recommendation
Motion: Garlock of approval
Second:Johnson
Vote: 7-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.07 — District RSF-4, Residential Single -Family — Four (4) Units Per Acre
o §161.16 — District RMF-24, Residential Multi -Family — Twenty -Four (24) Units
Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
Public Comment Received After PC Report Publication
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 City-wide uses by right
Unit 8 Single-family dwellings
Unit 41 Accessory dwellings
Unit 46 Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Units per acre 4 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
Land area per
dwelling unit
Two (2) family
dwellings
7 or less
Single-family Two (2) family
dwellings dwellings
70 feet 80 feet
8,000 square feet 112,000 square feet
81000 square feet 16,000 square feet
60 feet 170 feet
8,000 square feet 12,000 square feet
8,000 square feet 6,000 square feet
(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."
161.16 - District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
I City-wide uses by right
Single-family dwellings
Unit 8
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Unit 25
7nit 36 —Twireless
Home occupations
Professional offices
communications facilities
(C) Density.
Units per acre 24 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 35 feet
[Two-family 35 feet
Three or more 70 feet
Professional offices 100 feet
(2) Lot Area Minimum.
Manufactured home park 3 acres
-ot within a mobile home park 4,200 square feet
Townhouses: Individual lot
Single-family
FTwo (2) family
Three (3) or more
Fraternity or Sorority
Professional offices
2,000 square feet
3,000 square feet
4,000 square feet
7,000 square feet
2 acres
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(E) Setback Requirements.
Front
Side
Other
Uses
A build -to zone that is located between
the front property line and a line 25 feet 8 feet
from the front property line.
Side Single &
Rear
Rear
Two (2)
Other
Single
Family
Uses
Family
5 feet
20 feet
5 feet
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the
master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set
back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09;
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8,
9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-
21)
Editor's note— 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."
HALL
ESTILL
ATTORNEYS AT LAW
October 5, 2022
City of Fayetteville Planning Commission
and Planning Department
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Rezoning of Parcel No. 765-10607-000 & 765-10609-000
1675 Vandeventer, Fayetteville, Arkansas
From RSF-4 to RMF-24
Dear To Whom It May Concern:
Robert K. Rhoads
75 N. East Ave., Suite 500
Fayetteville, AR 72701-5388
Direct Dial: (479) 973-5202
rrhoads@hallestill.com
This letter is in regard to rezoning parcels 765-10607-000 & 765-10609-000 from their
current designation of RSF-4 to RMF-24. The RMF-24 Multi -family Residential District is
designed to permit and encourage the developing of a variety of dwelling types in suitable
environments in a variety of densities.
Further, RMF-24 is compatible and would fit into the future land use as there are
neighboring properties already designated as Multi -Family Residential. Lastly, this rezoning will
not unreasonably affect in any adverse way the surrounding land uses.
Cc: Client(s)
Very truly yours,
/s/Robert K. Rhoads
Robert K. Rhoads
Hall, Estill, Hardwick, Gable, Golden & Nelson, P.C.
Tulsa • Oklahoma City • Northwest Arkansas • Denver
www.hallestill.com
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11/14/22, 3:29 PM Mail - Harrison, Gretchen - Outlook
FW: Rezone on Vanderventer
Planning Shared <planning@fayetteville-ar.gov>
Mon 11/14/2022 3:21 PM
To: Harrison, Gretchen <gharrison@fayetteville-ar.gov>
For you.
Thank you
Mirinda Hopkins
Development Coordinator
Planning Division
City of Fayetteville
479-575-8267
Website I Facebook I Twitter I Instagram I YouTube
CITY OF
FAYETTEVILLE
ARKANSAS
From: Tammy Tyler[mailto:tammytyler777@gmail.com]
Sent: Monday, November 14, 2022 3:08 PM
To: Planning Shared <planning@fayetteville-ar.gov>
Subject: Rezone on Vanderventer
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.
Hi,
We own the house at 1641 N Vanderventer Ave. I am very concerned for the rezoning of 1657 N Vanderventer.
The traffic worries me because of my 2 young grandchildren living here. The street is not very wide. Children
would never be able to ride bikes or play out in front of their house with all of the additional cars.
Thanks,
Tammy Tyler
https://outlook.office.com/mail/inbox/id/AAQkADY3NjUwZjlwLTVmODAtNDk2Yi 1 iMWl1 LWQ3YzUOZjQl MzEzNQAQAJz6a3fEcsNAu7%2BHWVCwdd... 1 /1