HomeMy WebLinkAboutOrdinance 6632e ,-
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6632
File Number: 2022-220
RZN 2022-049 (EAST OF S. GARLAND AVE/KEVLIN)
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 020914900003 Type: REL
Rec.ed: ONCE
Recorded: .
25006/2023Pape at oT11:35:36 An
Fee Ant: $1 Mashl npton DOpnty, AR 3
Kyle Sylvester Clrcult Clerk
File2023-00000597
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-049
LOCATED EAST OF SOUTH GARLAND AVENUE IN WARD I FOR APPROXIMATELY 0.45 ACRES FROM
RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND 1-1, HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL 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 RSF-4, Residential Single -Family, 4 Units Per Acre and I-1, Heavy Commercial and
Light Industrial to RI-U, Residential Intennediate-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
Page 1
RZN-2022-0049
Close Up View
Neighborhood Link
Unclassified
Alley
Residential Link
Planning Area
' - - Fayetteville City Limits
EAST OF S. GARLAND AVE RZN-2022-0049
EXHIBIT 'A'
CT
PETTI GREW ST
I w
Proposed
RW
RNIF-12
4Fff
r
60
r
1
Subject Property
I. 1 %%
A
CATO SPRINGS RD
1-1
Feet
0 75 150 300 450 600
1.2,400
RVZD
IrEy.910
Izsl�-�
A&
NORTH
Zone
Current
Proposed
1-1
0.2
0.0
RI-U
00
04
RSF-4
02
00
Total 0.4 ac
RZN-2022-0049
EXHIBIT 'B'
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Legal descriptions of 1928 & 1930 South Garland Avenue
Below is the complete legal description of 1928 S. Garland Ave. as identified on the Washington
County Assessor's Office:
PT S/2 SW SW 60/150, S 60 OF N 270 OF W 150
FURTHER DESCRIBED FROM 2021-16474 AS:
Beginning at a point Two Hundred and ten (210) feet South of the Northwest corner of the South
Half of the Southwest Quarter of the Southwest Quarter Section Twenty-one (21) in Township
Sixteen North of Range Thirty (30) West, and running then East one hundred fifty (150) feet;
thence South Sixty (60) feet; thence West one hundred and fifty (150) feet, and thence North Sixty
(60) feet to the place of beginning.
Below is the complete legal description of 1930 S. Garland Ave. as identified on the Washington
County Assessor's Office:
PT S/2 SW SW .25 AC
FURTHER DESCRIBED FROM 2016-37271 AS: P
art of the South Half of the Southwest Quarter of the Southwest Quarter of Section Twenty-one
(21) in Township Sixteen (16)North, Range Thirty (30) West, described as follows: Beginning at
the Southwest comer of said twenty (20) acre tract, and running; thence North three hundred
twenty-five (325) feet for a beginning point; thence North sixty-five (65) feet; thence- East one
hundred fifty (150) feet; thence South sixty-five (65) feet; thence West one hundred fifty (150) feet
to the place of beginning.
2397 N Green Acres Road Fayetteville, Arkansas 72703
Phone: 479.443.7121 www.mbi-arch.com E-mail: info@mbl-arch.com
Washington County, AR
I cerlity this instrument was filed on
O11o012023 11.35:30 AM
and recorded in Real Estate
its Number 2023-00000597
Kyle Sylvester - Cimull Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
p (479)575-8323
Text File
File Number: 2022-1126
Agenda Date: 12/20/2022 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: CA
RZN 2022-049 (EAST OF S. GARLAND AVE/KEVLIN):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-049 LOCATED EAST OF SOUTH GARLAND AVENUE IN WARD 1 FOR APPROXIMATELY
0.45 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE AND I-1,
HEAVY COMMERCIAL AND LIGHT INDUSTRIAL 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 RSF-4, Residential Single -Family, 4 Units
Per Acre and 1- 1, Heavy Commercial and Light Industrial 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
2022-1126
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-2022-0049: Rezoning (EAST OF S. GARLAND AVE/KEVLIN, 600): Submitted by MBL PLANNING for properties
located EAST OF S. GARLAND AVE in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and 1-1, HEAVY COMMERCIAL AND LIGHT INDUSTRIAL and contain approximately 0.4S acres. The
request is to rezone the subject properties 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
Previous Ordinance or Resolution #
Approval Date:
V20210527
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-2022-0049: Rezoning (EAST OF S. GARLAND AVE/KEVLIN, 600):
Submitted by MBL PLANNING for properties located EAST OF S. GARLAND AVE
in WARD 1. The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and 1-1, HEAVY COMMERCIAL AND LIGHT
INDUSTRIAL and contain approximately 0.45 acres. The request is to rezone the
subject properties 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 properties are in south Fayetteville, roughly 300 feet north of the intersection of S.
Garland Avenue and W. Cato Springs Road. Ellen Smith Headstart and Lifesource neighbor the
property to the east. The site totals roughly 0.45 acres, encompasses two lots, and is
undeveloped. Single-family dwellings previously occupied both lots; the structures were
demolished in 2022. The site is fairly flat, and a few large trees are present. The properties fall
within the planning area of the Fayette Junction Neighborhood Plan.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre and 1-1, Heavy Commercial and Light Industrial 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 rezone the subject properties to RI-U is
compatible given the surrounding mix of uses and residential densities. Rezoning allows a variety
of housing types, ranging from single- to four -family dwellings by -right. The inclusion of a build -
to -zone with RI-U zoning also requires that buildings be placed closer to S. Garland Avenue. The
area surrounding the subject property includes a mix of uses and residential densities. The Crown
Ridge Apartments are across the street to the west. A grading permit is currently under review for
another 43-unit multi -family development immediately to the north of that complex. North and
south of the subject property are primarily single-family dwellings with undeveloped properties
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
and a storage facility further afield to the north; a duplex at the northeast corner of S. Garland
Avenue and W. Cato Springs Road is located to the south. East of the subject property are the
Ellen Smith Headstart and Lifesource counseling agency. A segment of the Cato Springs Trail
and Arkansas Research and Technology Park are also within a quarter mile to the east.
Unsurprisingly, there is a patchwork of zoning designations in the near vicinity associated with
these uses. Single-family, multi -family, industrial, institutional, and mixed -use zonings are all
present within a short distance of the subject area.
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 to RI-U serves to contribute
towards City Plan 2040 goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation
Network, and 6 — Create Opportunities for Attainable Housing. First, the site scores moderately
on the Infill Scoring Matrix. Rezoning would put added residential density on properties with ready
access to basic development needs such as public streets, water, and sanitary sewer. The
property is also proximate to City parks and trails. Rezoning also aligns with Goal #4 due to its
location near the Arkansas Research and Technology Park as well as many industrially zoned
properties which either are currently developed with or represent entitlements for non-residential
uses or employment centers. Last, RI-U allows more diverse housing options than its current
RSF-4 and 1-1 zoning. A range of single- to four -family dwellings provides more opportunity for
affordable options than a strictly single-family district. In terms of the future land use designation
as a City Neighborhood Area, staff finds the request to be consistent. City Neighborhood Areas
encourage density in all housing types provide and provide a varying mix of nonresidential and
residential uses. The subject request prioritizes redevelopment of an infill site rather than
contributing to suburban sprawl, creates opportunities for diverse and attainable housing, and
promotes residential development that is connected to non-residential services.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 7 attributes for this site
that may contribute to appropriate infill. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #9, 2250 S. School Avenue)
• Near Sewer Main (6" sewer main, S. Garland Avenue)
• Near Water Main (6" sewer main, S. Garland Avenue)
• Near City Park (Greathouse Park)
• Near Paved Trail (Cato Springs Trail)
• Appropriate Future Land Use (City Neighborhood Area)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
DISCUSSION:
At the November 28, 2022, Planning Commission meeting, a vote of 5-0-0 forwarded the request
to City Council with a recommendation of approval. Commissioner Garlock made the motion and
Commissioner Brink seconded. Commissioner Garlock said the request represented modest infill
which was appropriate for the site. No other members of the Commission spoke on the item.
Commissioner McGetrick was absent during the vote. No members of the public spoke during the
meeting.
BUDGET/STAFF IMPACT:
N/A
Attachments:
Exhibit A
Exhibit B
Planning Commission Staff Report
RZN-2022-0049
Close Up View
EAST OF S. GARLAND AVE
SUNCHASE CT
PETTIGREW ST
w
a
0
cs Z
Q
.J
Q RSF-8
Proposed
RI-U
Neighborhood Link
Unclassified
Alley
Residential Link
r ' Planning Area
! - - Fayetteville City Limits
CA1
- Iw
t=-
Subject Property I•
•
•
• RPZD
0 BEY 910
NS-G a
RMF-12 c c : 4t ' •'i.
-O SPRINGS RD - 0
0
�m
•U
-
•
•
•
RSF-d
NORTH
Feet
0 75 150 300
1:2,400
450 600
Zone Current
Proposed
1-1 0.2
0.0
RI-U 0.0
0.4
RSF-4 0.2
0.0
Total 0.4 ac
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Legal descriptions of 1928 & 1930 South Garland Avenue
Below is the complete legal description of 1928 S. Garland Ave. as identified on the Washington
County Assessor's Office:
PT S/2 SW SW 60/150, S 60 OF N 270 OF W 150
FURTHER DESCRIBED FROM 2021-16474 AS:
Beginning at a point Two Hundred and ten (210) feet South of the Northwest corner of the South
Half of the Southwest Quarter of the Southwest Quarter Section Twenty-one (21) in Township
Sixteen North of Range Thirty (30) West, and running then East one hundred fifty (150) feet;
thence South Sixty (60) feet; thence West one hundred and fifty (150) feet, and thence North Sixty
(60) feet to the place of beginning.
Below is the complete legal description of 1930 S. Garland Ave. as identified on the Washington
County Assessor's Office:
PT S/2 SW SW.25 AC
FURTHER DESCRIBED FROM 2016-37271 AS: P
art of the South Half of the Southwest Quarter of the Southwest Quarter of Section Twenty-one
(21) in Township Sixteen (16)North, Range Thirty (30) West, described as follows: Beginning at
the Southwest comer of said twenty (20) acre tract, and running; thence North three hundred
twenty-five (325) feet for a beginning point; thence North sixty-five (65) feet; thence• East one
hundred fifty (150) feet; thence South sixty-five (65) feet; thence West one hundred fifty (150) feet
to the place of beginning.
2397 N Green Acres Road Fayetteville, Arkansas 72703
Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com
CITY OF
I
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
SUBJECT: RZN-2022-0049: Rezoning (EAST OF S. GARLAND AVE/KEVLIN, 600):
Submitted by MBL PLANNING for properties located EAST OF S.
GARLAND AVE. The properties are zoned RSF-4, RESIDENTIAL
SINGLE-FAMILY, FOUR UNITS PER ACRE and 1-1, HEAVY
COMMERCIAL AND LIGHT INDUSTRIAL and contain approximately 0.45
acres. The request is to rezone the subject properties to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0049 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0049 to City Council with a recommendation of approval."
BACKGROUND:
The subject properties are in south Fayetteville, roughly 300 feet north of the intersection of S.
Garland Avenue and W. Cato Springs Road. Ellen Smith Headstart and Lifesource neighbor the
property to the east. The site totals roughly 0.45 acres, encompasses two lots, and is
undeveloped. Single-family dwellings previously occupied both lots; the structures were
demolished in 2022. The site is fairly flat, and a few large trees are present. The properties fall
within the planning area of the Fayette Junction Neighborhood Plan. Surrounding land uses and
zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential
RSF-8, Residential Single -Family, 8 Units per Acre
South
Ellen Smith Headstart and Lifesource
P-1, Institutional
East
Ellen Smith Headstart and Lifesource
RI-U, Residential Intermediate -Urban
West
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre and 1-1, Heavy Commercial and Light Industrial 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 6
RZN-2022-0049 (KEVLIN)
Page 1 of 16
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the east side of S. Garland Avenue. S.
Garland 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 area. An existing 6-inch water main is
present on the west side of S. Garland Avenue.
Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer
main is present on the east side of S. Garland Avenue.
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 9, located at 2250 S. School Avenue protects this site. The property is
located approximately 0.8 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 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 six minutes for an engine and eight minutes for a ladder truck.
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 RSF-4,
Residential Single -Family, 4 Units per Acre requires 25% minimum canopy
preservation; 1-1, Heavy Commercial and Light Industrial requires 15% 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 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 7 for this site,
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 2 of 16
with a weighted score of 7. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #9, 2250 S. School Avenue)
• Near Sewer Main (6" sewer main, S. Garland Avenue)
• Near Water Main (6" sewer main, S. Garland Avenue)
• Near City Park (Greathouse Park)
• Near Paved Trail (Cato Springs Trail)
• Appropriate Future Land Use (City Neighborhood Area)
• Within Master Plan Area (Fayette Junction Neighborhood Plan)
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 rezone the subject
properties to RI-U is compatible given the surrounding mix of uses and
residential densities. Rezoning allows a variety of housing types, ranging
from single- to four -family dwellings by -right. The inclusion of a build -to -
zone with RI-U zoning also requires that buildings be placed closer to S.
Garland Avenue. The area surrounding the subject property includes a mix
of uses and residential densities. The Crown Ridge Apartments are across
the street to the west. A grading permit is currently under review for another
43-unit multi -family development immediately to the north of that complex.
North and south of the subject property are primarily single-family dwellings
with undeveloped properties and a storage facility further afield to the north;
a duplex at the northeast corner of S. Garland Avenue and W. Cato Springs
Road is located to the south. East of the subject property are the Ellen Smith
Headstart and Lifesource counseling agency. A segment of the Cato Springs
Trail and Arkansas Research and Technology Park are also within a quarter
mile to the east. Unsurprisingly, there is a patchwork of zoning designations
in the near vicinity associated with these uses. Single-family, multi -family,
industrial, institutional, and mixed -use zonings are all present within a short
distance of the subject area.
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 to RI-U serves to contribute towards City Plan 2040 goals #1 —
Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 —
Create Opportunities for Attainable Housing. First, the site scores
moderately on the Infill Scoring Matrix. Rezoning would put added
residential density on properties with ready access to basic development
needs such as public streets, water, and sanitary sewer. The property is also
proximate to City parks and trails. Rezoning also aligns with Goal #4 due to
its location near the Arkansas Research and Technology Park as well as
many industrially zoned properties which either are currently developed with
or represent entitlements for non-residential uses or employment centers.
Last, RI-U allows more diverse housing options than its current RSF-4 and I-
1 zoning. A range of single- to four -family dwellings provides more
opportunity for affordable options than a strictly single-family district. In
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 3 of 16
terms of the future land use designation as a City Neighborhood Area, staff
finds the request to be consistent. City Neighborhood Areas encourage
density in all housing types provide and provide a varying mix of
nonresidential and residential uses. The subject prioritizes redevelopment
of an infill site rather than contributing to suburban sprawl, creates
opportunities for diverse and attainable housing, and promotes residential
development that is connected to non-residential services.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
RI-U, including diversifying the mix of residential uses, allowing varied lot
sizes, and bringing appropriate density to the site while aligning with the
future land use map.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RI-U carries an associated potential to increase
traffic at this location above the potential of the current zoning district.
However, the impact is unlikely to be detrimental to pedestrian and vehicular
danger or worsen congestion. The 0.45-acre lot is of a modest size which
limits the amount of additional traffic generated from the site. Future
developments will access S. Garland Avenue which has seen very few traffic
incidents (two at the intersection of S. Garland and W. Cato Springs Road)
since 2017. AADT counts were not recorded on the segment of S. Garland
Avenue between W. 15t" Street and W. Cato Springs Road but the nearest
volume count on W. Cato Springs Road suggests the existing street system
can accommodate additional volume. At that location, roughly 800 feet
southwest of the subject properties, 3,000 vehicle trips were recorded on a
Neighborhood Link Street which is designed to serve up to 6,000 vehicles
per day. Further, nearby access to the regional trail system offers an
opportunity for future residents to use alternative modes. Not only is the
Cato Springs Trail present in close proximity to the east, but the Town
Branch Trail crosses S. Garland Avenue roughly 850 feet to the north. New
development on the site would be required to improve the property's
frontage to the 2040 Master Street Plan requirements, including six-foot
greenspaces and sidewalks, which would be the first along the east side of
this segment of S. Garland Avenue, incrementally improving pedestrian
connectivity to the trail and complement the non -motorized transportation
network.
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 RSF-4 to RI-U has the capacity to increase the
population density at this location. Staff finds that limitations such as the
property's size, required parking, and other development obligations such
as required drainage and tree preservation will prevent an increase in
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 4 of 16
density beyond what the site can handle. Water and sewer are available at
this location, negating the need to extend or improve services and the
existing street system can support added density. The Fayetteville Public
School District 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 approval of RZN-2022-0049.
PLANNING COMMISSION ACTION: Required YES
Date: November 28, 2022 O Tabled O Forwarded O Denied
(Motion:
ISecond:
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.12 District RI-U, Residential Intermediate — Urban
o §161.30 District 1-1, Heavy Commercial and Light Industrial
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 5 of 16
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
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 6 of 16
Building Height Maximum 1 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(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 6
RZN-2022-0049 (KEVLIN)
Page 7 of 16
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 6
RZN-2022-0049 (KEVLIN)
Page 8 of 16
(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 6
RZN-2022-0049 (KEVLIN)
Page 9 of 16
161.30 District 1-1, Heavy Commercial And Light Industrial
(A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light
industrial uses which are compatible with one another but are inappropriate in other commercial or industrial
districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not
produce objectionable environmental influences in their operation and appearance. The regulations of this
district are intended to provide a degree of compatibility between uses permitted in this district and those in
nearby residential districts.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government Facilities
Unit 6
Agriculture
Unit 13
Eating places
Unit 16
Shopping oods
Unit 17
Transportation trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 21
Warehousing and wholesale
Unit 22
Manufacturing
Unit 25
Offices, studios and related services
Unit 27
Wholesale bulk petroleum storage facilities with
underground storage tanks
Unit 42
Clean technologies
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 19
Commercial recreation, small sites
Unit 20
Commercial recreation, large sites
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communications facilities
Unit 38
1 Mini -storage units
Unit 43
1 Animal boarding and training
(C) Density. None.
(D) Bulk and Area Regulations. None.
(E) Setback Regulations.
Front, when adjoining
A or R districts
50 feet
Front, when adjoining
C, I, or P districts
25 feet
Side, when adjoining
A or R districts
50 feet
Side, when adjoining
C, I, or P districts
10 feet
Rear
25 feet
(F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 boundary line of an adjacent residential 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. None.
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 10 of 16
(Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77; Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79; Ord. No.
1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4992, 3-
06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No.
5353, 9-7-10; Ord. No. 5472; 12-20-11; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17; Ord.
No. 5982 , §1, 6-20-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6521 , §6, 1-18-22)
Planning Commission
November 28, 2022
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 11 of 16
PLANNING
Development Services Building
Attn: Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning request for 1928 & 1930 South Garland Avenue from I-1 & RSF-4 Districts to RI-U
District
Along with our application, please consider these justifications for rezoning request.
1. The subject properties are currently zoned a combination of I-1 and RSF-4 Districts. They are
surrounded by Institutional District (P-1) on two sides, adjacent to the south and east. Adjacent
property to the north is RSF-8 District. Across S. Garland Ave is RMF-24 and CS Districts.
2. Due to the variety of low to moderate intensity zoning districts in the immediate and
surrounding areas, we submit that this request for RI-U District is reasonable and appropriate
due to the compatibility of uses.
3. By rezoning the applicable portion of the subject property from Heavy Commercial and Light
Industrial District (I-1) to RI-U District, a potential nuisance will be avoided for the
surrounding properties.
4. Another instance of the RI-U District in this area is located less than 400 feet to the south of the
subject properties. This represents that the uses permitted in the requested District have
previously been considered appropriate for the area. These uses are solely residential which
will blend well with both the fabric of the existing developments, as well as any future uses
permissible for the surrounding properties.
5. South Garland Avenue is classified as Residential Link, which will provide sufficient capacity
for the vehicular needs of the subject properties. Additionally, the nearby connection to W.
Cato Springs Road, which has a Neighborhood Link classification, will serve in providing
connection to the neighborhood and beyond.
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 1928 & 1930 S. Garland Avenue.
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 6
RZN-2022-0049 (KEVLIN)
Page 12 of 16
RZN-2022-0049
One Mile View
1-2
I-1
15TH �ST►�
ST ST
C-2
RMF- 4
12
Regional Link
Neighborhood Link
Regional Link - High Activity
Freeway/Expressway
- Unclassified
- Alley
- Residential Link
Shared -Use Paved Trail
Trail (Proposed)
i Design Overlay District
Fayetteville City Limits
Z Z Planning Area
EAST OF S. GARLAND AVE
NORTH
0 0.13 0.25 0.5 Miles
NS-G — — — — — —
I
RI 12
I
I ,
i
%
NC `.� •
Subject Property •• ; ;
• � 1
RPZD RSF-4
� a
CATO SPRINGS'RD
•
•
�h.
� / Q
le` P1�
'<Lits
Pla_ _ _
Fay
Zoning
�I-2 General lnauatriel
RESIDE NTIALSINGLE-FAMILY EXTRACTION
NS-G
ii
RI-u
COMMERCIAL
ii RI-12
ResltleniiaFOfice
ii NS-L
Gi
iiResltleMlal-�aWIW21
�G-2
RSF-.8
�C3
RSF-1
FORM SAS DISTRICTS
RSF-2
Gow—Core
RSF4
Uman-r—ghrare
RSF-]
..in... Center
RSF-8
Osxniown General
RSF-18
Community Services
RESIDENTIAL MULTI -FAMILY Neighborhood sarvices
RMF-8
NeigM1borM1ootl Conservation
RMF-12
PLANNEDZONING DISTRICTS
RMF-18
iiCommercial, Intl. —I, Resldentlal
ii RMF-2a
INSTITUTIONAL
RMF-00
_P1
INDUSTRIAL
Running Commissi
I-1 Heavy --land Light Indus n
2
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 13 of 16
RZN-2022-0049
Close Up View
EAST OF S. GARLAND AVE
SUNCHASE CT
PETTIGREW ST
w
a
0
cs Z
Q
.J
Q RSF-8
Proposed
RI-U
Neighborhood Link
Unclassified
Alley
Residential Link
r ' Planning Area
! - - Fayetteville City Limits
CA1
Subject Property I•
•
•
• RPZD
0 BEY 910
NS-G a
RMF-12 c c 1
tU •_
-
-O SPRINGS RD - � 0 �
0
�m
-
•
•
•
RSF-4
A&
•
•
NORTH
Feet
0 75 150 300
1:2,400
450 600
Zone Current
Proposed
1-1 0.2
0.0
RI-U 0.0
0.4
RSF-4 0.2
0.0
Total 0.4 ac
Planning Comm
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 14 of 16
RZN-2022-0049
Current Land Use
EAST OF S. GARLAND AVE
RTH
a D.
m
Mixed -use
. r r
Subject Property
t`
»; Multi -Family Residential �— Institutional and Single -Family Residential
- CATO-SPRINGS RD ---- -- - - - "
�--
Single -Family Residential
r
011�
F
• ev . a
1 '
Neighborhood Link FEMA Flood Hazard Data
Unclassified
Alley 100-Year Floodplain
Residential Link Feet Floodway
r _ _i Planning Area 0 112.5 225 450 675 900
Fayetteville City Limits
Design Overlay District .3,6��
Planning Commissi n
2
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 15 of 16
RZN-2022-0049
Future Land Use
EAST OF S. GARLAND AVE
ORTH
----------------- J -
V --
/ � BOONE ST Q�Q
~ � Non -Municipal Q I I. A. % -
Government I ! EiVic and
� � W -
,' z • P�jvate
; Open Space
• z ' t�
N • �
--SUNCHASE CT
PETTIGREW ST—J
Urban Center
Subject Property �10 A�
' uc rn '
Luc"
'
• �1 } 000 �
Civic J Q
Institutional
Q
� Q W
i
m o z
J
r � I— V
I CATO SPRINGS RD "" "" "
Q
LU
LU
• z
•' a
•' W
Q
City •"
Neighborhood •� w
EDEN CIR—w
O
' J
,Naitural V
,•-- 1 tU
•� pl� OZ
• Residential KYL
Q DR
Neighborhood V
Regional Link ` City Neighborhood
Neighborhood Link Civic Institutional
— Unclassified Civic and Private Open Space
Alley Industrial
Residential Link Feet Natural
i - Planning Area Non -Municipal Government
Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood
— — Trail (Proposed) Rural Residential
Design Overlay District '�'800 Urban Center
---• Planning Commis
Agenda Item 6
RZN-2022-0049 (KEVLIN)
Page 16 of 16