HomeMy WebLinkAboutOrdinance 6647DIIIIIIIIIIO: 021007IIIIIIIIIIIIIIIIIIIIIIIIIIIIIINVININ�IINII
Doc ID: 021007920003 Type: REL
Kind: ORDINANCE
Recorded: 03/17/2023 at 06:27:04 AM
Fee Amt: 125.00 Pane 1 of 3
Mashl Salon County, AR
Kyle Sylvester Circuit Clerk
F13e2023-00006641
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6647
File Number: 2023-371
RZN 22-055 (N. BOB YOUNKIN DR. & W. BISHOP DRJLEGACY VENTURES NWA)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-055
LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 FOR
APPROXIMATELY 7.76 ACRES FROM R-O, RESIDENTIAL -OFFICE TO CS, COMMUNITY SERVICES AND
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 R-O, Residential -Office to CS, Community Services and 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 I.
PASSED and APPROVED on March 7, 2023
Page 1
Attest:
Kam'Paxton, City Clerk reasurer
RZN-2022-0055 N. BOB YOUNKIN DR & W. RZN-2022-0055
Close Up View BISHOP DR EXHIBIT'A'
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Neighborhood Link Zone Current Proposed
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CS 0.0 44
Residential Link RMF-24 0.0 34
R-O 18 to Plannetl NeigM1bgiM1ootl Link Feet
- - - Trikil (Proposed)
i Planning Area 0 75 150 300 450 600
�__-� Fayetteville City Limits 1:2,400 Tntil tax
RZN-2022-0055
EXHIBIT'B'
Full Descriotion:
Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), and Nine (9) of Appleby Landing, a
Subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 23A, at
page 195, plat records of Washington County, Arkansas.
Area to be rezoned to CS:
Lots Three (3), Four (4), Five (5), and Six (6) of Appleby Landing, a Subdivision to the City of
Fayetteville, Arkansas, as shown on plat of record in plat book 23A, at page 195, plat records of
Washington County, Arkansas.
Area to be rezoned to RMF-24:
Lots Seven (7), Eight (8), and Nine (9) of Appleby Landing, a Subdivision to the City of Fayetteville,
Arkansas, as shown on plat of record in plat book 23A, at page 195, plat records of Washington
County, Arkansas.
Washington County, AR
1 certify this instrument was filed on
03/17/2023 08.27.04 AM
and recorded in Real Estate
File Number 2023-00008841
Kyle Sylvester- Circuit clerk
by
CITY OF
Pow,
FAYETTEVILLE
ARKANSAS
MEETING OF MARCH 7, 2023
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessica Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
DATE:
CITY COUNCIL MEMO
2023-371
SUBJECT: RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY
VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property
located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned
R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to
rezone the property to CS, COMMUNITY SERVICES and 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 approximately 7.76 acres in the Appleby Landing Subdivision located on either
side of the south end of Bob Younkin Drive. The property is currently undeveloped, though it is surrounded by
established single- and two-family neighborhoods to the east and west, a multi -family development to the
south, and medical offices to the north. No environmentally sensitive areas are present on site, and the
property is not located within any zoning overlays.
Request: The request is to rezone the property from R-O, Residential Office (7.76 acres) to CS, Community
Services (4.36) and RMF-24, Residential Multi -Family, 24 Units per Acre (3.40). The applicant has not shared
any specific development plans, though they have stated that the rezoning would allow for a mix of residential
and commercial uses to cater to senior living.
Public Comment: Prior to Planning Commission, staff received one phone call inquiry about this request,
though no support for or opposition to the proposed rezoning was offered. Six members of the public spoke at
the Planning Commission meeting, expressing concerns about the scale of future development and potential traffic
impacts.
Land Use Compatibility: Staff finds the requested rezoning to be generally compatible with surrounding land
uses. As proposed, three lots on the east side of Bob Younkin Drive would be rezoned to RMF-24, Residential
Multi -Family, 24 Units per Acre, and four lots on the west side of the street would be rezoned to CS,
Community Services. The property is currently surrounded by single- and two-family residential
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
neighborhoods and a multi -family residential complex. Since RMF-24 would allow for a variety of residential
uses from single- to multi -family dwellings and most properties to the south and east are currently zoned RMF-
24, staff finds that rezoning a portion of the property to RMF-24 would be directly compatible with adjacent
properties.
The intent of the existing zoning district, R-O, Residential -Office, is to provide an area for offices without
limitation to the nature or size of the office, together with community facilities, restaurants, and compatible
residential uses. Staff finds that rezoning the remainder of the property to CS would be aligned with the
property's current zoning designation and adjacent commercial and residential uses. The Community Services
zoning district is primarily designed to provide goods and services for persons living in surrounding residential
areas and is intended to provide for adaptable mixed use centers along commercial corridors. Multi -family
dwellings, restaurants, retail, and cultural and recreational facilities are all conditional uses in the existing R-O
zoning district which would be allowed by right in CS zoning. The R-O zoning district allows for conventional
and urban form setbacks, while both RMF-24 and CS require urban form setbacks with buildings located closer
to public streets and sidewalks. RMF-24 requires a build -to zone between 0 and 25 feet from the property line,
and CS requires a build -to zone between 10 and 25 feet from the front property line. The applicant indicated in
their request letter that they are pursuing RMF-24 for a portion of this property so that they can place buildings
closer to the street.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's future land
use plan. The City Plan 2040 Future Land Use Map designates the subject property as Residential
Neighborhood Area, and staff finds that a rezoning to RMF-24 and CS could support that designation by
allowing for a greater variety of land uses, housing types, and densities near a nonresidential center. Further,
Bob Younkin Drive is the most complete, uninterrupted through -street between College and Gregg Avenue, which
staff believes is supportive of a wider spectrum of uses than may normally be appropriate in a Residential
Neighborhood Area. Staff also finds that rezoning to RMF-24 and CS may be consistent with Goals 4 and 6 of
City Plan 2040 by encouraging mixed -use development near the Razorback Greenway and public transit
stops, and since it could provide more opportunities for housing beyond what would be permitted in the existing
R-O zoning district.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range of 6-7 for this site. The
following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #4, 3385 N. Plainview Ave.)
• Near Sewer Main (8" mains, Bob Younkin Drive and Bishop Drive)
• Near Water Main (8" mains, Bob Younkin Drive, Bishop Drive, and Drake Street)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Appleby Road, Razorback Greenway)
• Near ORT Bus Stop (Route 10)
• Near Razorback Bus Stop (Route 26)
DISCUSSION:
At the January 23, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink made the motion and Commissioner Winston
seconded. Commissioners found the requested rezoning to be appropriate at this location, noting that it would
allow for some commercial uses in a largely residential area and allow for residential uses that are compatible
with adjacent neighborhoods. Six members of the public spoke at the meeting, expressing concerns about the
scale of future development and potential traffic impacts.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-371
RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES
NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property located at N. BOB
YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -
OFFICE and contains approximately 7.76 acres. The request is to rezone the property to CS,
COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER
ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-055 LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3
FOR APPROXIMATELY 7.76 ACRES FROM R-O, RESIDENTIAL -OFFICE TO CS, COMMUNITY
SERVICES AND 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 R-O, Residential -Office to CS, Community
Services and 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.
Page 1
City of Fayetteville Staff Review Form
2023-371
Item ID
2/21/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 2/3/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES NWA, 251): Submitted by
LEGACY VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The
property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to rezone the
property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
# Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: January 23, 2023 (Updated with results from PC hearing)
SUBJECT: RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP
DR./LEGACY VENTURES NWA, 251): Submitted by LEGACY
VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. &
W. BISHOP DR. The property is zoned R-O, RESIDENTIAL OFFICE and
contains approximately 7.76 acres. The request is to rezone the property
to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI-
FAMILY, 24 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0055 to City Council with a recommendation of
approval, based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2022-0055 to City Council with a recommendation of approval."
BACKGROUND:
The subject property contains approximately 7.76 acres in the Appleby Landing Subdivision
located on either side of the south end of Bob Younkin Drive. The property is currently
undeveloped, though it is surrounded by established single- and two-family neighborhoods to the
east and west, a multi -family development to the south, and medical offices to the north. No
environmentally sensitive areas are present on site and the property is not located within any
zoning overlays. Surrounding land use and zoning are shown in Table 1.
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Medical Offices
R-O, Residential -Office
South
Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
East
Single- and Multi -Family Residential
RMF-24, Residential Multi -Family, 24 Units per Acre
West
Single -Family Residential
RI-12, Residential Intermediate, 12 Units per Acre
Request: The request is to rezone the property from R-O, Residential Office (7.76 acres) to CS,
Community Services (4.36) and RMF-24, Residential Multi -Family, 24 Units per Acre (3.40). The
applicant has not shared any specific development plans, though they have stated that the
rezoning would allow for a mix of residential and commercial uses to cater to senior living.
Public Comment: Staff received no public comment on this item, though we did receive one phone
call from a neighbor who inquired about the applicant's request.
INFRASTRUCTURE:
Streets: The subject property has frontage along Bob Younkin Drive, Bishop Drive, and
Drake Street. Bob Younkin Drive and Bishop Drive are partially -improved
Residential Link streets with asphalt paving and curb and gutter. Drake Street is a
fully -improved Neighborhood Link street with asphalt paving, curb and gutter, and
sidewalk. Any street improvements required in these areas would be determined
at the time of development proposal.
Water: Public water is available to the subject property. Eight -inch water mains are
present along the west side of Bob Younkin Drive and the north side of Bishop
Drive and Drake Street.
Sewer: Sanitary sewer is available to the subject property. Eight -inch sewer mains are
present on the west side of Bob Younkin Drive and the south side of Bishop Drive.
Drainage: No portion of the subject property lies within a streamside protection zone or the
Hillside/Hilltop Overlay District, and no FEMA-designated floodplains or hydric
soils are present. Any improvements or requirements for drainage will be
determined at time of development.
Fire: Station 4, located at 3385 N. Plainview Ave., protects this site. The property is
located approximately 1.3 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:
Existing Zoning:
• R-O, Residential -Office requires 20% minimum canopy preservation.
Proposed Zoning:
• CS, Community Services requires 20% minimum canopy preservation.
• RMF-24, Residential Multi -Family, 24 Units per Acre requires 20%
minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan
designates the property within the proposed rezone as Residential Neighborhood area.
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 6-7 for
this site with a weighted score of 7_5 at the highest level. The following elements of the matrix
contribute to the score:
• 4 Minute Fire Response (Station #4, 3385 N. Plainview Ave.)
• Near Sewer Main (8" mains, Bob Younkin Drive and Bishop Drive)
• Near Water Main (8" mains, Bob Younkin Drive, Bishop Drive, and Drake Street)
• Near City Park (Gordon Long Park)
• Near Paved Trail (Appleby Road, Razorback Greenway)
• Near ORT Bus Stop (Route 10)
• Near Razorback Bus Stop (Route 26)
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 requested rezoning to be generally
compatible with surrounding land uses. As proposed, three lots on the east
side of Bob Younkin Drive would be rezoned to RMF-24, Residential Multi -
Family, 24 Units per Acre, and four lots on the west side of the street would
be rezoned to CS, Community Services. The property is currently
surrounded by single- and two-family residential neighborhoods and a
multi -family residential complex. Since RMF-24 would allow for a variety of
residential uses from single- to multi -family dwellings and most properties
to the south and east are currently zoned RMF-24, staff finds that rezoning a
portion of the property to RMF-24 would be directly compatible with adjacent
properties.
The intent of the existing zoning district, R-O, Residential -Office, is to
provide area for offices without limitation to the nature or size of the office,
together with community facilities, restaurants, and compatible residential
uses. Staff finds that rezoning the remainder of the property to CS would be
aligned with property's current zoning designation and adjacent commercial
and residential uses. The Community Services zoning district is primarily
designed to provide goods and services for persons living in surrounding
residential areas and is intended to provide for adaptable mixed use centers
along commercial corridors. Multi -family dwellings, restaurants, retail, and
cultural and recreational facilities are all conditional uses in the existing R-
O zoning district which would be allowed by right in CS zoning. The R-O
zoning district allows for conventional and urban form setbacks while both
RMF-24 and CS require urban form setbacks. RMF-24 requires a build -to
zone between 0 and 25 feet from the line property line, and CS requires a
build -to zone between 10 and 25 feet from the front property line. The
applicant indicated in their request letter that they are pursuing RMF-24 for
a portion of this property so that they can place buildings closer to the street.
Land Use Plan Analysis: Staff finds the proposed rezoning to be generally
consistent with the City's future land use plan. The City Plan 2040 Future
Land Use Map designates the subject property as Residential Neighborhood
area, and staff finds that a rezoning to RMF-24 and CS could support that
designation by allowing for a greater variety of land uses, housing types,
and densities near a nonresidential center. Staff also finds that rezoning to
RMF-24 and CS may be consistent with Goals 4 and 6 of City Plan 2040 by
encouraging mixed -use development near the Razorback Greenway and
public transit stops, and since it could provide more opportunities for
housing beyond what would be permitted in the existing R-O 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 the proposed rezoning is justified 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 R-O to RMF-24 and CS 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
three public streets, which suggests that an increased number of vehicle
trips could be accommodated without adversely impacting traffic in the
neighborhood. Further, the applicant has indicated that they would like to
construct a senior living center with limited commercial uses, which could
reduce the number of new vehicle trips. 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 from R-O to RMF-24 and CS 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-2022-0055 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required
Date: January 23, 2023 O Tabled
IMotion: 3rink
ISecond: Winston
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
YES
O Forwarded O Denied
with a recommendation
of approval
ATTACHMENTS:
• Unified Development Code:
o §161.16 — District RMF-24, Residential Multi -Family — Twenty -Four (24) Units
Per Acre
o §161.20 — District R-O, Residential Office
o §161.22 — Community Services
• Request Letter
• Staff Exhibit
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
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
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 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
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 24 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
35 feet
Two-family
35 feet
Three or more
1 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
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
(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(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)
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."
161.20 District R-O, Residential Office
(A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the
nature or size of the office, together with community facilities, restaurants and compatible residential uses. The
intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance
with the build -to zone and minimum buildable street frontage as specified herein.
(B) Uses.
(1) Permitted uses.
Unit 1
City-wide uses by right
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 25
Offices, studios, and related services
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 11
Manufactured home park*
Unit 13
Eating places
Unit 15
Neighborhood shopping oods
Unit 24
Home occupations
Unit 26
Multi -family dwellings
Unit 36
Wireless communications facilities*
Unit 42
Clean technologies
Unit 45
Small scale production
(C) Density.
Units per acre 1 24 or less
(D) Bulk and Area Regulations. (Per dwelling unit for residential structures)
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a manufactured home park
50 feet
Single-family
60 feet
Two (2) family
60 feet
Three 3 or more
90 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a manufactured home
ark
4,200 square feet
Townhouses:
Development
10,000 square feet
Individual lot
2,500 square feet
Single-family
6,000 square feet
Two 2 family
6,500 square feet
Three 3 or more
8,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured home
3,000 square feet
Townhouses & apartments:
No bedroom
1,000 square feet
One bedroom
1,000 square feet
Two 2 or more bedrooms
1,200 square feet
Fraternity or Sorority
500 square feet per resident
(E) Setback Regulations.
Front
15 feet
Front, if parking is allowed between the right-of-way
and the building
50 feet
Front, in the Hillside Overlay District
15 feet
Side
10 feet
Side, when contiguous to a residential district
15 feet
Side, in the Hillside Overlay District
8 feet
Rear, without easement or alley
25 feet
Rear, from center line of public alley
10 feet
Rear, in the Hillside Overlay District
15 feet
Urban Form Setback Regulations:
Front
A build -to zone that is located between the
front property line and a line 25 feet from the
front property line
Side
5 feet
Side -zero lot line*
A setback of less than 5 feet (zero lot line) is
permitted on one (1) interior side, provided a
maintenance agreement is filed.**
The remaining side setbacks shall be 10 feet
Rear
None
Rear when contiguous to a single
15 feet
family residential district
(F) Building Height Regulations.
Building Height Maximum 1 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. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(H) Urban form minimum buildable street frontage: 50% of the lot width.
(Code No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No.
1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7-
19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No.
5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 ,
§1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 2, 3, 4-2-
19; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(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."
161.22 Community Services
(A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal
services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed
use centers located along commercial corridors that connect denser development nodes. There is a mixture of
residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes
of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning
district is to provide standards that enable development to be approved administratively.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 13
Eating places
Unit 15
Neighborhood Shopping oods
Unit 24
Home occupations
Unit 25
Offices, studios and related services
Unit 26
Multi -family dwellings
Unit 40
Sidewalk Cafes
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 45
Small scale production
Unit 46
Short-term rentals
Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need
approval when combined with pre -approved uses.
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 14
Hotel, motel and amusement services
Unit 16
Shopping goods
Unit 17
Transportation, trades and services
Unit 18
Gasoline service stations and drive-in/drive-through
restaurants
Unit 19
Commercial recreation, small sites
Unit 28
Center for collecting recyclable materials
Unit 34
Liquor stores
Unit 35
Outdoor music establishments
Unit 36
Wireless communication facilities*
Unit 42
Clean technologies
(C) Density. None.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Dwelling 18 feet
All others None
(2) Lot Area Minimum. None.
(E) Setback regulations.
Front:
A build -to zone that is located
between 10 feet and a line 25
feet from the front property line.
Side and rear:
None
Side or rear, when contiguous to
15 feet
a single-family residential district:
(F) Building Height Regulations.
Building Height Maximum 1 5 stories
(G) Minimum Buildable Street Frontage.50% of the lot width.
(Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-
9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427
, §§l (Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21)
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."
LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703
December 29, 2022
City of Fayetteville Planning Division
125 West Mountain Street
Fayetteville, AR 72701
RE: Appleby Landing
Dear Planning Division,
Please accept this written request to rezone lots three (3), four (4), five (5), six (6), seven (7), eight (8) and nine (9) of Appleby Landing
a subdivision to the City of Fayetteville, Arkansas as shown on plat or record in plat book 23A at page 195.
The subject property is currently zoned Residential Office (RO), and our desire is to rezone lots three (3), four (4), five (5), and six (6) to
Community Services (CS). Additionally, we would like to rezone lots seven (7), eight (8) and nine (9) to RMF-24. Both zoning
designations seem to align more closely with the long-term planning objectives of the City of Fayetteville as well as our development
plans for the property. The reason we are revising the request previously submitted and pursuing the RMF-24 designation is to allow
for placement of our townhome buildings closer to the street on those three lots.
Our plan is to build a diverse, slightly dense mix of high quality multifamily residential units while not ruling out the possibility of light
commercial use where it makes sense. The master planned community will cater to the over 55 demographic with units ranging in both
size and bedroom count as well as one and two story units.
This mid -town location with proximity to the medical core and main transportation corridors make it an excellent location for this type of
underserved multifamily product.
This rezoning request is in line with the City of Fayetteville long term plans as well as compatible with adjoining property/zoning
districts. Please see the following for a list of adjoining zoning districts and current use.
North Medical Facilities with current zoning designation of Residential Office (RO)
South Apartments with current zoning designation of Residential Multifamily (24) Units Per Acre (RMF-24)
East Residential with current zoning designation of Residential Multifamily (24) Units Per Acre (RMF-24)
West Residential with current zoning designation of Residential Intermediate (12) Units Per Acre (RI-12)
Our rezoning request to Community Services, as well as, planned development is compatible with all adjoining properties.
We are looking forward to developing a community that delivers high quality housing catering to our aging population. And in doing so
create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time.
Sincerely,
}
Tim Brisiel
(qftv
LEGACYVENTUUS
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RECEIVE®
MAR 20ZO
i
NORTHWEST ARKANSAS
Democratt rOnette
AFFIDAVIT OF PUBLICATION
1, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6647
Was inserted in the Regular Edition on:
March 12, 2023
Publication Charges: $97.28
Paola Lo
L IS,. +nbMyfic ArkanL=
+teary sas
Subscribed and sworn to before me WA'17 O" [nunry
Commismn a 12721466
This 16 day of�{z�t -, 2023. "y c.,.:�;,io, +a�•es Nov zs, I2B32_
Notary Public
My Commission Expires
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinma: 6647
File Number 2023-371
RZN 22-055 (N. BOB YOUNKRJ DR.
& W. BISHOP DRJLEGACY
VENTURES NWA):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION UN 22-055
LOCATED AT NORTH BOB
YOUNKIN DRIVE AND WEST
BISHOP DRIVE IN WARD3 FOR
APPROXIMATELY 7.76 ACRES
FROM R-0, RESIDENTIAL -OFFICE
TO CS, COMMUNITY SERVICES
AND RMF-24, RESIDENTIAL
MULTI -FAMILY, 2a UNITS PER
ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Secion 1: That the City Council ofthe
City of Fayetteville, Arkansas hereby
changes the tune classification of fix
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
both attached to me Planning
Doma merit's Agenda Memo from R-O,
Residemia1-0IRce to CS, Community
Services and RMF-24, Residential
Multi -Family, 24 Unit Per Acre.
Section2: That the City Council ofthe
Ciry ofF'ayettcvillq Arkansas hereby
amends flat official zoning map ofthe -
City of Fayetteville to tracer the zoning
change provided in Section L
PASSED and APPROVED.. Mach 7,
2023
Approved:
Lioneld Jordan, Mayor
Atmet
K. Paxton,
City Clerk Treasurer
This publication was paid for by the Cityl
Clerk -Treasurer ofthe City of
Fayetteville, Arkansas.
Annual paid: $97.28
75662332 Mach 12, 2023