HomeMy WebLinkAboutOrdinance 6631OocKind ID: 020914690006 Type: qEL
Recorded I01/06/2023 at 11:35: f8 An
Fee Ami: $,,.0, Pape t of 6
--: Washlnpton County, qp
Kyle Sylvester Clrcult Clerk
113 West Mountain Stre, F11e2023_00000596
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6631
File Number: 2022-219
RZN 2022-050 (682 W. STONE ST/KEVLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-050
LOCATED AT 682 WEST STONE STREET IN WARD 2 FOR APPROXIMATELY 0.11 ACRES FROM RMF-40,
RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section l: 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 RMF40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential
Intemledime-Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on December 20, 2022
Approved: Attest: gt%G .RK
01TY OF.
U:
FAYE77EViL
Li eld Jordan, r Kam Paxton, City ClIerk Treas �-x
Page 1
RZN-2022-0050
Close Up View
Urban Center
Alley
Residential Link
Trail (Proposed)
Design Overlay District
Planning Area
Fayetteville City Limits
682 W. STONE ST
s
Subject Property
— LU 1
ST—a -STONE-ST C
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MI
Feet
0 75 150 300 450 600
1:2,400
RZN-2022-0050
EXHIBIT'A'
In
RIES]
PRAIRIE-ST
EW��
Zone Current Proposed
RI-U 0.0 0.1
RMF-40 01 00
Total 0.1 ac
RZN-2022-0050
EXHIBIT 'B'
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Legal description of 682 West Stone Street
Below is the complete legal description as identified on the Washington County Assessor's Office:
EAST 50 FT. LOTS 11-12 BLOCK 4
FURTHER DESCRIBED FROM 2019-14639 AS:
Beginning at the Southeast corner of Lot 12 in Block 4 of Putman's Addition to Fayetteville,
Arkansas, thence North parallel with alley 100 feet, thence West 50 feet, thence South parallel with
alley 100 feet, thence East 50 feet to the Point of Beginning, being 50 feet off the East End of Lots
11 and 12, Block 4, Putman's Addition to Fayetteville, Arkansas, as per plat of said addition on file
in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.
2397 N Green Acres Road Fayetteville, Arkansas 72703
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, William S. Collier and Sarah B. Collier
thereinafter "Petitioner"), hereby voluntarily offers this Bill of Assurance and enters into
this binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in -the Circuit Court of Washington
Cpunty and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. The use of Petitioner's property shall be limited to the following:
Permitted Uses under Fayetteville Development Code §161.11(B)(1)
2. Other restrictions including number and type of structures upon the property
are limited as follows:
Any development on the Property shall be limited to a maximum of 12 units.
3. Specific activities will not be allowed upon petitioner's property. include: N/A
4. Any other terms or conditions: N/A
5. Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by Resolution
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, William S. Collier, as the owner, developer or buyer (Petitioner)
voluntarily offer all such assurances and sign my name below.
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Bate
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Add• s f
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Printed Name
Signature
NOTARY OATH
And now on this the ? C �`� day of Dste.^, ) r(' 2(i :LZ,, appeared before me,
tO LL a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
NOTARY PUBLIC
My Commission Expires:
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MY CO MINISSION # 92379841
RIRES: December30, ZO
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, Sarah B. Collier, as the owner, developer or buyer (Petitioner) voluntarily
offer all such assurances and sign my name below.
Date
2413 W WA4 M WN
Address
12 ra3
STATE OF ARKANSAS
COUNTY OF WASHINGTON
LaLVA �o�V Ct �41
Printed Name
I
Signature V
NOTARY OATH
And now on this the -L{j��day of 20? appeared before me,
a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
'�u
NOTARY PUBLIC
My Commission Expires:
ll41LL J. GLADDEN
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MYCOMMISSIOW2370MI
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EXPIRE&: December 30.2030
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V1fa9hf1pE011C01J�lty
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Washington County, AR
I certify this instrument was filed on
01IOW2023 11:35:18 AM
and recorded in Real Estate
File Number 2023-00000596
Kyle Sylvester - Circuit Clark
^r
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p (479)575-8323
Text File
File Number: 2022-1125
Agenda Date: 12/20/2022 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.3
RZN 2022-050 (682 W. STONE ST/KEVLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-050 LOCATED AT 682 WEST STONE STREET IN WARD 2 FOR APPROXIMATELY 0.11
ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U,
RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-40, Residential Multi -Family, 40
Units Per Acre to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 1212112022
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2022-1125
Legistar File ID
12/20/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
12/2/2022 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted by MBL PLANNING for property located at
682 W. STONE ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE
and contains approximately 0.11 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget
Funds Obligated
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF DECEMBER 20, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: December 2, 2022
CITY COUNCIL MEMO
SUBJECT: RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted by MBL
PLANNING for property located at 682 W. STONE ST in WARD 2. The property is
zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and
contains approximately 0.11 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the
subject property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in central Fayetteville, roughly 150 feet east of the intersection of
W. Stone Street and S. Hill Avenue. The property is zoned RMF-40, Residential Multi -family, 40
Units per Acre, totals approximately 0.11 acres, and developed with a single-family residence
which was built in 1919. Just off -site roughly 200 feet to the east is the Arkansas -Missouri
Railroad.
Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units
per Acre to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on this item.
Land Use Compatibility. Staff finds the request to be compatible with the surrounding context. A
wide array of residential uses and densities are located near the subject property. Neighboring
properties are of a variety of sizes, largely resulting from the existing development on those
properties. Both the existing and proposed zoning designations are high -density residential
districts with urban form setbacks that are congruent with the existing pattern in the neighborhood.
When compared to RMF-40, RI-U would increase the permitted buildable area from 50% to 60%
of the lot's overall area. Since the subject property contains roughly 0.11 acres, a maximum of
four units are permitted under current entitlements, where rezoning to RI-U would remove the
density limitation. That said, any future development would be subject to, and limited by, minimum
parking requirements, tree preservation, drainage, and access management standards. RMF-40
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
zoning allows multi -family dwellings by -right where they are only allowed as a conditional use in
RI-U. Rezoning to RI-U would reduce side and rear setbacks for three- and four -family dwellings,
increasing the buildable area on site. Some bulk and area regulations for RI-U are more
permissive than RMF-40. Where the requirements for RMF-40 vary by land use, the minimum lot
width and lot area permitted are 30 feet and 2,000 square feet, respectively. RI-U zoning has a
minimum lot width requirement of 18 feet and no lot area minimum. Conversely, the
aforementioned multi -family allowance under RMF-40 includes a five -story height limit, compared
with the smaller single-, 2-, 3-, and 4-family buildings allowed under RI-U with a three-story height
limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040
and the future land use designation for this location. Rezoning from RMF-40 to RI-U serves to
contribute towards City Plan 2040 Goals #1 — Appropriate Infill and #6 — Create Opportunities for
Attainable Housing. Some site scores high on the Infill Scoring Matrix due to water/sewer access,
public schools, the university campus, parks and trails, transit, and groceries nearby. Because of
the flexible zoning regulations associated with the RI-U district, rezoning may allow for
redevelopment or added density near these services. Additionally, where large multi -family
buildings are currently permitted under RMF-40, RI-U encourages more appropriately scaled
buildings in relation to the existing neighborhood. The Future Land Use Map designates the site
as a City Neighborhood Area — a designation intended to encourage a dense development
pattern. Increasing density is likely best facilitated on a site of this size due to the generous
regulations in RI-U zoning and it is justified given the property's proximity to commercial and non-
residential uses in downtown Fayetteville, a grocery store, Fayetteville High School, and the trail
network.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 12 attributes for this site
that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" sewer main, W. Stone St.)
• Near Water Main (8" water main, W. Stone St.)
• Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.)
• Near Public School (Fayetteville High School)
• Near University of Arkansas Campus
• Near City Park (Fay Jones Woods)
• Near Paved Trail (Frisco Trail)
• Near ORT Bus Stop (Route 20)
• Near Razorback Transit Stop (Route 13 Detour Peak)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density
DISCUSSION:
At the November 28, 2022, Planning Commission meeting, a vote of 6-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Garlock made the motion and
Commissioner Madden seconded. Commissioner Garlock posited that the request was
compatible with the surroundings and would contribute to a walkable neighborhood. No other
members of the Commission spoke on the item. No members of the public spoke during the
meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN-2022-0050 682 W. STONE ST
Close Up View
PUTMAN ST
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a a
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a
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STONEST—>-
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Urban Center
Alley
Residential Link
- - - Trail (Proposed)
_ Design Overlay District
_1 Planning Area
Fayetteville City Limits
MSC
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RMF-24
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w PRAIRIE�ST
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Wa
W
> IM NORTH
0
Zone Current Proposed
RI-U 0.0 0.1
RMF-40 0.1 0.0
Feet
0 75 150 300 450 600
1:2,400 1 Total 0.1 ac
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Legal description of 682 West Stone Street
Below is the complete legal description as identified on the Washington County Assessor's Office:
EAST 50 FT. LOTS 11-12 BLOCK 4
FURTHER DESCRIBED FROM 2019-14639 AS:
Beginning at the Southeast corner of Lot 12 in Block 4 of Putman's Addition to Fayetteville,
Arkansas, thence North parallel with alley 100 feet, thence West 50 feet, thence South parallel with
alley 100 feet, thence East 50 feet to the Point of Beginning, being 50 feet off the East End of Lots
11 and 12, Block 4, Putman's Addition to Fayetteville, Arkansas, as per plat of said addition on file
in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas.
2397 N Green Acres Road Fayetteville, Arkansas 72703
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com
CITY OF
_' FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
MEETING DATE: November 28, 2022 (Updated with PC Results)
SUBJECT: RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted
by MBL PLANNING for property located at 682 W. STONE ST. The
property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS
PER ACRE and contains approximately 0.11 acres. The request is to
rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0050 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0050 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in central Fayetteville, roughly 150 feet east of the intersection of
W. Stone Street and S. Hill Avenue. The property is zoned RMF-40, Residential Multi -family, 40
Units per Acre, totals approximately 0.11 acres, and developed with a single-family residence
which was built in 1919. Just off -site roughly 200 feet to the east is the Arkansas -Missouri
Railroad. 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
RMF-40, Residential Multi -Family, 40 Units Per Acre
South
Undeveloped
RMF-40, Residential Multi -Family, 40 Units Per Acre
East
Single -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
West
Multi -Family Residential
RMF-40, Residential Multi -Family, 40 Units Per Acre
Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units
per Acre to RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on this item.
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 1 of 14
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the north side of W. Stone Street. W. Stone
Street 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 area. An existing 8-inch water main is
present on the south side of W. Stone Street.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present on the south side of W. Stone Street.
Fire: Station 1, located at 303 W. Center Street protects this site. The property is located
approximately 0.6 miles from the fire station with an anticipated drive time of
approximately two 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 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 expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain, there are no protected streams present in the subject area, nor
are there any hydric soils present on the site. Any additional improvements or
requirements for drainage will be determined at time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of RMF-40,
Residential Multi -Family, 40 Units per Acre 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 a City Neighborhood.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this
site, with a weighted score of 17 at the highest. The following elements of the matrix contribute to
the score:
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 2 of 14
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" sewer main, W. Stone St.)
• Near Water Main (8" water main, W. Stone St.)
• Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.)
• Near Public School (Fayetteville High School)
• Near University of Arkansas Campus
• Near City Park (Fay Jones Woods)
• Near Paved Trail (Frisco Trail)
• Near ORT Bus Stop (Route 20)
• Near Razorback Transit Stop (Route 13 Detour Peak)
• Appropriate Future Land Use (City Neighborhood Area)
• Sufficient Intersection Density
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
surrounding context. A wide array of residential uses and densities are
located near the subject property. Neighboring properties are of a variety of
sizes, largely resulting from the existing development on those properties.
Both the existing and proposed zoning designations are high -density
residential districts with urban form setbacks that are congruent with the
existing pattern in the neighborhood. When compared to RMF-40, RI-U would
increase the permitted buildable area from 50% to 60% of the lot's overall
area. Since the subject property contains roughly 0.11 acres, a maximum of
four units are permitted under current entitlements, where rezoning to RI-U
would remove the density limitation. That said, any future development
would be subject to, and limited by, minimum parking requirements, tree
preservation, drainage, and access management standards. RMF-40 zoning
allows multi -family dwellings by -right where they are only allowed as a
conditional use in RI-U. Rezoning to RI-U would reduce side and rear
setbacks for three- and four -family dwellings, increasing the buildable area
on site. The bulk and area regulations for RI-U are more permissive than
RMF-40. Where the requirements for RMF-40 vary by land use, the minimum
lot width and lot area permitted are 30 feet and 2,000 square feet,
respectively. RI-U zoning has a minimum lot width requirement of 18 feet and
no lot area minimum.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from RMF-40 to RI-U serves to contribute towards City Plan 2040
Goals #1 — Appropriate Infill and #6 — Create Opportunities for Attainable
Housing. The site scores high on the Infill Scoring Matrix due to water/sewer
access, public schools, the university campus, parks and trails, transit, and
groceries nearby. Because of the flexible zoning regulations associated with
the RI-U district, rezoning may allow for redevelopment or added density
near these services. The Future Land Use Map designates the site as a City
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 3 of 14
Neighborhood Area — a designation intended to encourage a dense
development pattern. Increasing density is likely best facilitated on a site of
this size due to the generous regulations in RI-U zoning and it is justified
given the property's proximity to commercial and non-residential uses in
downtown Fayetteville, a grocery store, Fayetteville High School, and the
trail network.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to RI-U is justified. The applicant cites, and staff
agrees, that the RMF-40 standards are better suited for larger developments
and rezoning will allow the property to develop under proportional
regulations. Because rezoning will better support infill redevelopment on the
property, staff finds the proposed zoning to be consistent with the City's
future land use goals and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to RI-U has an associated potential to increase traffic at this
location. RI-U permits development at an unlimited density where it is
currently limited to 40 units per acre. Staff finds, though, the potential to
increase the number of residential units is marginal given the size of the size
and unlikely to result in increased traffic danger or congestion. The subject
property has access to W. Stone Street, a Residential Link and alley right-of-
way to the east. Future development would be subject to the City's access
management and parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-U would increase the load on public services
above the potential of the current zoning district, but the impact is not
expected to be significant. The size of the property and access to existing
water and sewer infrastructure means future development will likely avoid
the need for costly extensions to 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.
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 4 of 14
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2022-0050.
PLANNING COMMISSION ACTION: Required YES
Date: November 28, 2022 O Tabled ® Forwarded O Denied
Motion: Garlock
ISecond: Madden Recommending approval.
Vote: 6-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.12 District RI-U, Residential Intermediate — Urban
o §161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 5 of 14
161.12 District RI-U, Residential Intermediate - Urban
(A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with
single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster housing development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 12a
Limited business
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations.
Dwelling
all types)
Lot width minimum
18 feet
Lot area minimum
None
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear, from
Uses
& Two (2)
Uses
centerline of
Family
an alley
A build -to zone that is
None
5 feet
5 feet
12 feet
located between the front
property, line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 6 of 14
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No.
6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 7 of 14
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
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre Forty (40) or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 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
3 acres
Lot within a mobile home park
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.
Planning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 8 of 14
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the
building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5
stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between
the total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(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)
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 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 9 of 14
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning request for 682 West Stone Street from RMF-40 District to RI-U District
Along with our application, please consider these justifications for rezoning request.
1. This request is appropriate for a property of this size to remain developable. The subject
property is currently zoned Residential Multi -family — Forty Units per Acre (RMF-40) District,
but is only approximately 50' by 100' in size. The development standards for the RMF-40
District are intended for larger developments, therefore, rezoning to RI-U District will allow
the property to develop under more proportional development standards.
2. Located just over 400 feet to the west, there are two properties zoned RI-U District. This shows
that the uses included in the RI-U District have been considered compatible with the RMF-40
District uses in the past. We contend that this remains to be true for the subject property.
3. By rezoning the property from RMF-40 District to RI-U District, the potential unit density of
the property is decreased, which will in turn decrease potential vehicular demand, albeit at a
negligible rate, on West Stone Street, which is classified as Residential Link. West Stone Street
will continue to be fully capable of providing sufficient capacity for the subject property upon
approval of this rezoning.
It is for these reasons that this request for rezoning to Residential Intermediate — Urban will not
adversely affect nor conflict with the surrounding properties and may be seen as appropriate when
applied to 706 West Stone Street.
Sincerely,
Lindsay Hackett, AICP
Project Manager
MBL Planning
2397 N Green Acres Road Fayetteville, Arkansas 72703
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbbprch.cm
anning Commission
November 28, 2022
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 10 of 14
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 11 of 14
RZN-2022-0050 682 W. STONE ST
Close Up View
PUTMAN ST
W J
a a
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a
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STONEST—>-
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J
Urban Center
Alley
Residential Link
- - - Trail (Proposed)
_ Design Overlay District
_I Planning Area
Fayetteville City Limits
1
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0
Zone Current Proposed
RI-U 0.0 0.1
RMF-40 0.1 0.0
Feet
0 75 150 300 450 600
1:2,400 Total 0.1 ac
Planning Comm
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 12 of 14
RZN-2022-0050 682 W. STONE ST
Current Land Use
NORTH
,
Single -Family and Multi -Family Residential
L
6
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n PP
mm
^ Subject Property _
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Affrf
or er �
fr r Ff F
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Single -Family and Multi -Family Residential Single -Family and Multi -Family Residential
Regional Link - High Activity
Urban Center
Alley
Residential Link
— — — Trail (Proposed)
r :: Planning Area
r _ ' Fayetteville City Limits
-_J Design Overlay District
Single -Family and Multi -Family Residential
T '
Aw
i
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MARTIN LUTHER
I ..P--KINGJR BLVD
Feet
0 112.5 225 450
1:3,600
675 900
rt1jl_
FEMA Flood Hazard Data
100-Year Floodplain
Floodway
Planning
NQ
i*
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 13 of 14
RZN-2022-0050
Future Land Use
City
Neighborhood
682 W. STONE ST
,
—TREADWELL-ST
PUTMAN-STT—
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BULLDOG BLVD STONE-ST
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� Regional Link - High Activity
� Urban Center
Alley
Residential Link
n Planning Area
Fayetteville City Limits
— — Trail (Proposed)
— Design Overlay District
CENTEI
MARTIN LUTHER
FkING JR BLVD
Non -Municipal
Government
PRAXIS LN,
Feet
0 145 290 580 870
1:4,800
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City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
1,160 Residential Neighborhood
Rural Residential
Urban CenterPlanning Commis
Agenda Item 7
RZN-2022-0050 (KEVLIN)
Page 14 of 14
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, William S. Collier and Sarah B. Collier
(hereinafter "Petitioner"), hereby voluntarily offers this Bill of Assurance and enters into
this binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in -the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying injunctive
relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner
acknowledges that the Fayetteville Planning Commission and the Fayetteville City
Council will reasonably rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. The use of Petitioner's property shall be limited to the following:
Permitted Uses under Fayetteville Development Code §161.11(B)(1)
2. Other restrictions including number and type of structures upon the property
are limited as follows:
Any development on the Property shall be limited to a maximum of 12 units.
3. Specific activities will not be allowed upon petitioner's property include: N/A
4. Any other terms or conditions: N/A
5. Petitioner specifically agrees that all such restrictions and terms shall run with
the land and bind all future owners unless and until specifically released by Resolution
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall
be noted on any Final Plat or Large Scale Development which includes some or all of
Petitioner's property.
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, William S. Collier, as the owner, developer or buyer (Petitioner)
voluntarily offer all such assurances and sign my name below.
/Z- ,2D- 2
Date
2K? �
Add a s /
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Printed Name
Signature
NOTARY OATH
And now on this the 7Z day of 2C- , appeared before me,
Lla Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
)D�
NOTARY PUBLIC
My Commission Expires:
IQun00 Uej6UMIS M
0£OZ'0£jegweae0'midx3
s'w-
1,MUCZ6 # NOISSIWW00 A 1
= `• +
Nmav1J'rIIIM
WILL J. GLADDEN
MY COMMISSION # 12379941
vua is ` EXPIRES: December 30, 2030
Msh!Von County
IN WITNESS WHEREOF and in agreement with all the terms and conditions
stated above, I, Sarah B. Collier, as the owner, developer or buyer (Petitioner) voluntarily
offer all such assurances and sign my name below.
12-
Date
2-413 1\i Wb Inm wavj
Address
NrAtfNti�, W 17-7D3
STATE OF ARKANSAS
COUNTY OF WASHINGTON
�ar' &\Jtt allItz
Printed Name
Signature
f
NOTARY OATH
And now on this the 7.0 day of _DtL ,)PP•- , 20'ZZ appeared before me,
a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
NOTARY PUBLIC
My Commission Expires:
+�TF
WILL J. GLADDEN
MY COMMISSION # 12379941
EXPIRES: December 30, 2030
"�k50'
Washington County