HomeMy WebLinkAboutOrdinance 66480
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6648
File Number: 2023436
Dog ID: 021007930003 Type: REL
Kind: OaDINABCE
Recorded: 25/17/2023 aT 08:27:31 AM
Fee Ami: $25.00 Page 1 of 3
Washington County, An
Kyle Sylvester Circuit Clerk
File2023-00006642
RZN 22-056: Rezoning (4302 W. BRONCO DR./BAUMANN CONSTRUCTION, 517)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-056
LOCATED AT 4302 WEST BRONCO DRIVE IN WARD 1 FOR APPROXIMATELY 0.38 ACRES FROM CS,
COMMUNITY SERVICES TO RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from CS, Community Services to RSF-I8, Residential Single Family, 18 Units Per Acre.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on March 7, 2023
Page 1
Attest
Q U.
Kara Paxton, City Clerk Treasurer _t:
9
RZN-2022-0056
EXHIBIT'B'
Legal Description:
LOTS 109, 110, AND 111, TOWNE WEST SUBDIVISION PHASE II, TO THE CITY OF FAYETTEVILLE,
WASHINGTON COUNTY, ARKANSAS, AS PER PLAT ON FILE IN PLAT BOOK 24 AT PAGE 413.
Washington County, AR
I certify this instrument was filed on
03/17/2023 08:27:31 AM
and recorded in Real Estate
File Number 2023-00006642
Kyle Sylvester- Circuit Clerk
CITY OF
W41iFAYETTEVILLE
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
2023-436
SUBJECT: RZN-2022-0056: Rezoning (4302 W. BRONCO DR./BAUMANN CONSTRUCTION,
517): Submitted by ENGINEERING SERVICES INC. for property located at 4302 W.
BRONCO DR. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and
contains approximately 0.38 acres. The request is to rezone the property to RSF-18,
RESIDENTIAL SINGLE-FAMILY - 18 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 includes three lots in Phase 2 of the Towne West Subdivision, just west of Benchmark
Lane on either side of Bronco Drive. The property is zoned CS, Community Services, totals approximately 0.38
acres, and is undeveloped. No zoning overlays apply to this site though hydric soils are present. Accordingly,
as a part of the Towne West Subdivision's development review, a Wetland Determination Data Form was
submitted indicating that the property has no positive indicators of wetland hydrology.
Request: The request is to rezone the subject property from CS, Community Services, to RSF-18, Residential
Single -Family — 18 Units per Acre. The applicant has stated that this rezoning is necessary since the setbacks
required by the current zoning district have rendered each lot unbuildable.
Public Comment: Staff received no public comment on this item.
Land Use Compatibility: Staff finds the request to be compatible with surrounding land uses. The Towne West
Subdivision is currently under construction with all lots in Phase 2 being developed with single-family dwellings.
The three lots under consideration are located on a block that is largely zoned RSF-18, and staff finds that
rezoning the property would allow Benchmark Lane to serve as a natural boundary between CS and RSF-18
zoning districts. When compared to the property's current zoning designation of CS, RSF-18 would limit by -
right development to single-family dwellings with a density of 18 units per acre. Both existing and proposed
zoning designations require urban form setbacks that are consistent with the subdivision's existing
development pattern. Generally, RSF-18 is a more restrictive zoning designation than CS. Where CS permits a
maximum building height of five stories, a rezoning to RSF-18 would reduce the maximum building height to
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
three stories. A rezoning to RSF-18 would also place additional restrictions on the size of lots and the scale of
future development. While there are no restrictions on lot size or buildable area associated with the CS zoning
district, RSF-18 requires a minimum lot size of 2,500 square feet for single-family dwellings and a maximum
buildable area of 60% of the total lot area.
Land Use Plan Analysis: Staff finds that the proposed rezoning is consistent with the City's land use and
zoning plans. A rezoning to RSF-18 would be consistent with the property's Future Land Use Map designation
as a Residential Neighborhood area since it would allow for residential development that would be aligned with
existing zoning and development patterns. A rezoning to RSF-18 could also support Goal 6 of City Plan 2040
by allowing for development of housing on three lots that are currently rendered unbuildable due to the existing
zoning.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site. The
following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.)
• Near Sewer Main (eight -inch main, W. Bronco Dr.)
• Near Water Main (eight -inch main, W. Bronco Dr.)
• Near Public School (Colbert Middle School, Owl Creek School)
• Near City Park (Holland Park, Centennial Park)
• Near Paved Trail (S. Rupple Rd.)
DISCUSSION:
At the February 13, 2023 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Canada made the motion and Commissioner Brink
seconded. Commissioners offered little comment, finding the request to be appropriate. No public comment
was offered at the meeting.
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 #: 2023-436
RZN-2022-0056: Rezoning (4302 W. BRONCO DR./BAUMANN CONSTRUCTION,
517): Submitted by ENGINEERING SERVICES INC. for property located at 4302 W. BRONCO
DR. in WARD 1. The property is zoned CS, COMMUNITY SERVICES and contains
approximately 0.38 acres. The request is to rezone the property to RSF-18, RESIDENTIAL
SINGLE-FAMILY - 18 UNITS PER ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
22-056 LOCATED AT 4302 WEST BRONCO DRIVE IN WARD 1 FOR APPROXIMATELY 0.38
ACRES FROM CS, COMMUNITY SERVICES TO RSF-18, RESIDENTIAL SINGLE-FAMILY, 18
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 CS, Community Services to RSF-18,
Residential Single Family, 18 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
2023-436
Item ID
3/7/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2022-0056: Rezoning (4302 W. BRONCO DR./BAUMANN CONSTRUCTION, 517): Submitted by ENGINEERING
SERVICES INC. for property located at 4302 W. BRONCO DR. in WARD 1. The property is zoned CS, COMMUNITY
SERVICES and contains approximately 0.38 acres. The request is to rezone the property to RSF-18, RESIDENTIAL
SINGLE-FAMILY - 18 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
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20221130
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: February 13, 2023 (Updated with results)
SUBJECT: RZN-2022-0056: Rezoning (4302 W. BRONCO DR./BAUMANN
CONSTRUCTION, 517): Submitted by ENGINEERING SERVICES INC.
for property located at 4302 W. BRONCO DR. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 0.38 acres. The
request is to rezone the property to RSF-18, RESIDENTIAL SINGLE-
FAMILY - 18 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2022-0056 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"1 move to forward RZN-2022-0056 to City Council with a recommendation for approval."
BACKGROUND:
The subject property contains three lots in Phase 2 of the Towne West Subdivision, just west of
Benchmark Lane on either side of Bronco Drive. The property is zoned CS, Community Services,
totals approximately 0.38 acres, and is undeveloped. No zoning overlays apply to this site though
hydric soils are present which are known indicators of wetlands. Before permits are issued for this
property, a statement/report from an environmental professional summarizing the existence of
wetlands will be required. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Single -Family Residential (under construction)
CS, Community Services
South
Single -Family Residential (under construction)
CS, Community Services
East
Single -Family Residential (under construction)
CS, Community Services
West
Single -Family Residential (under construction)
RSF-18, Residential Single -Family — 18 Units
per Acre
Request: The request is to rezone the subject property from CS, Community Services, to RSF-
18, Residential Single -Family — 18 Units per Acre. The applicant has stated that this rezoning is
necessary since the setbacks required by the current zoning district have rendered each lot
unbuildable.
Public Comment: To date, staff has received no public comment on this item.
INFRASTRUCTURE:
Streets: The subject property has frontage along West Bronco Drive and South Benchmark
Lane. Both streets are fully -improved Residential Link streets with asphalt paving,
curb, gutter, and sidewalk. Any street improvements required in this area would be
determined at the time of development proposal.
Water: Public water is available to the subject property. An existing eight -inch water main
is present on the north side of West Bronco Drive.
Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer
main is present on the south side of West Bronco Drive.
Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or
a FEMA-designated floodplain and no protected streams are present. However,
hydric soils are present. Hydric soils are a known indicator of wetlands. For an
area to be classified as wetlands, it may also need other characteristics such as
hydrophytes (plants that grow in water), and shallow water during parts of the year.
Hydric Soils can be found across many areas of Fayetteville, including valleys,
floodplains, and open prairies. It's important to identify these natural resources
during development, so when these soils are identified on a property, further
environmental studies will be required at the time of development. Before permits
will be issued for the property a statement/report from an environmental
professional must be provided summarizing the existence of wetlands on the
property. If this statement/report indicates that wetlands may be present on site,
a USACE Determination of Jurisdictional Wetlands will be required at the time of
development submittal. Any improvements or requirements for drainage would be
determined at time of development.
Fire: Station 7, located at 835 N. Rupple Rd., protects this site. The property is located
approximately 1.5 miles from the fire station with an anticipated drive time of
approximately three minutes using existing streets. The anticipated response time
would be approximately 5.2 minutes. Fire Department response time is calculated
based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out
time. Within the city limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck. Fire
apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of RSF-18, Residential Single -Family, 18 Units per
Acre, requires 20% minimum canopy preservation. The current zoning district
of CS, Community Services, also requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. 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 non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site
with a weighted score of 6. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #7, 835 N. Rupple Rd.)
• Near Sewer Main (eight -inch main, W. Bronco Dr.)
• Near Water Main (eight -inch main, W. Bronco Dr.)
• Near Public School (Colbert Middle School, Owl Creek School)
• Near City Park (Holland Park, Centennial Park)
• Near Paved Trail (S. Rupple Rd.)
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
surrounding land uses. The Towne West Subdivision is currently under
construction with all lots in Phase 2 being developed with single-family
dwellings. The three lots under consideration are located on a block that is
largely zoned RSF-18, and staff believes that rezoning the property would
allow Benchmark Lane to serve as a natural boundary between CS and RSF-
18 zoning districts. When compared to the property's current zoning
designation of CS, RSF-18 would limit by -right development to single-family
dwellings with a density of 18 units per acre. Both existing and proposed
zoning designations require urban form setbacks that are consistent with
the subdivision's existing development pattern. Generally, RSF-18 is a more
restrictive zoning designation than CS. Where CS permits a maximum
building height of five stories, a rezoning to RSF-18 would reduce the
maximum building height to three stories. A rezoning to RSF-18 would also
place additional restrictions on the size of lots and the scale of future
development. While there are no restrictions on lot size or buildable area
associated with the CS zoning district, RSF-18 requires a minimum lot size
of 2,500 square feet for single-family dwellings and a maximum buildable
area of 60% of the total lot area.
Land Use Plan Analysis: Staff finds that the proposed rezoning is consistent
with the City's land use and zoning plans. A rezoning to RSF-18 would be
consistent with the property's Future Land Use Map designation as a
Residential Neighborhood area since it would allow for residential
development that would be aligned with existing zoning and development
patterns. A rezoning to RSF-18 could also support Goal 6 of City Plan 2040
by allowing for development on housing on three lots that are currently
rendered virtually unbuildable due to the existing zoning.
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 RSF-18 is justified. Each lot is currently
undevelopable due to the required side setback associated with lots in CS
zoning that are adjacent to single-family residential districts. Rezoning the
property to RSF-18 would reduce the required side setback for single-family
dwellings from 15 feet to five feet. This would allow each lot to be developed
in a manner that is consistent with the existing Towne West Subdivision and
its future phases.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property to RSF-18 would not create or
appreciably increase traffic danger or congestion. The size of each lot and
the density allowance associated with the RSF-18 zoning district will
naturally limit the scale of any future development, and thus reduce any
possible impacts on traffic danger or congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from CS to RSF-18 is not likely to alter the population
density or increase the load on public services when considering that there
is no density limitation associated with the current CS zoning district. The
property is near existing water and sanitary sewer infrastructure and is close
to other 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-2022-0056 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: February 13, 2023 O Tabled ® Forwarded O Denied
with a recommendation
Motion: Canada of approval.
ISecond: Brink
jVote: 8-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.10 District RSF-18, Residential Single -Family - Eighteen (18) Units Per
Acre
o §161.22 Community Services
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
161.10 District RSF-18, Residential Single -Family -Eighteen (18) Units Per Acre
(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient
development of single-family detached residences in a variety of densities.
(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.
Units per acre Eighteen 18 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Single-family 30 feet
Two (2) family 1 30 feet
(2) Lot Area Minimum.
Townhouses: individual lot
1,250 square feet
Single-family
2,500 square feet
Two-family
2,000 square feet
(E) Setback Requirements.
Front
Side
Side -Zero Lot Line'
Rear
A build -to zone
5 feet
A setback of less than five
5 feet
that is located
on both
feet (zero lot line) is
between the front
sides
permitted on one interior
property line and
side, provided a
a line 25 ft. from
maintenance agreement is
the front property
filed". The remaining side
line.
setbacks shall be 10 feet.
A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code
when locating a structure in close proximity to property lines and/or adjacent structures.
" At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This
may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a
maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the
maintenance area.
(F) Building Height Regulations.
Building Height Maximum 1 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.
(H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings.
(Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; 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 , §§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."
161.22 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."
ENGINEERING SERVICES INC.
1207 S. Old Missouri Rd. • P.O. Box 282 • Springdale, Arkansas 72765-0282 Ph: 479-751-8733 • Fax: 479-751-8746
December 19, 2022
City Council & Planning Commission Submitted Electronically via EnerGov
City of Fayetteville, Arkansas
125 West Mountain Street
Fayetteville, AR 72701
RE: Rezoning Petition
Lots 109-111 in Towne West Subdivision, Phase 2
City Council and Planning Commission Members,
On behalf of our client, we are submitting application materials to rezone three lots in Phase 2
of Towne West Subdivision from CS to RSF-18. The lots to be rezoned are located along West
Bronco Drive and to the west of South Benchmark Lane.
The owners of these lots encountered an issue when attempting to permit residential
construction on lot 111. By code, the side setback for a CS lot adjacent to an IRS F-18 lot is
fifteen feet rather than the 5' side setback that would otherwise be required. The result is that
lot 111 is rendered virtually unbuildable with any plan that is similar at all to the other houses
being built in this neighborhood.
In discussions with the lot owners, planning staff recommended rezoning all three of these lots
from NC to RSF-18 so all lots along West Bronco Drive and west of South Benchmark Lane will
be in the same zoning district with uniform zoning standards rather than having a zoning change
mid -block as is currently the case. It does not appear the requested zoning change would create
any compatibility issues or have any adverse impacts on any surrounding properties.
Thank you for your consideration of this request.
Sincerely,
---r
Daniel Lazenby
RZN-2022-0056 4302 W. BRONCO DR
One Mile View NORTH
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PLANNED ZONING DISTRICTS
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Fayetteville City Limits
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Commercial, Intluslnal, Resltlentlal
INSTITUTIONAL
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- Planning Afea
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Fayetteville City Limits
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INDUSTRIAL
1-1 Heavy Commensal and Light Indusltlel
RZN-2022-0056
Close Up View
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■ RSF-18
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Regional Link
Residential Link
■ ■ Planned Residential Link
Planning Area
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4302 W. BRONCO DR
0 75 150
Subject Property
Feet
300
1:2,400
e
18
450 600
CACTUS PL
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CS 0.4 0.0
RSF-18 0.0 0.4
Total 0.4 ac
Single -Family Resi
(under constructi
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Regional Link
Residential Link Feet
■ ■ Planned Residential Link
Planning Area 0 112.5 225 450
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Fayetteville City Limits 1:3,600
RZN-2022-0056
4302 W. BRONCO DR
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NORTH
Current Land Use
Single -Family Residential
(under construction)
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-Family
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(under construction) ?''" f_ \ / /� (
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100-Year Floodplain
Floodway
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4302 W. BRONCO DR
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BUCKAROO ST
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Regional Link � City Neighborhood
Unclassified � Civic Institutional
� Civic and Private Open Space
Alley Industrial
Residential Link Feet Natural
■ ■ Planned Residential Link Non -Municipal Government
_ 0 145 290 580 870 1,160 Residential Neighborhood
Planning Area
Rural Residential
Fayetteville City Limits 1'4,800 Urban Center
RECEIVED
ARKANSAS
MAR 2 0 20:LL71L,
'TIN�yO�RT/H��WEST
Democrat maze to
"y 0.ERK5 �FlCEE
AFFIDAVIT OF PUBLICATION
I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that i was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the Several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6648
Was inserted in the Regular Edition on:
March 12, 2023
Publication Charges: $91.20
aol—
P
Subscribed and sworn to before me
This 16 day ofA40 , 2023.
1941�
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
R
MItLAW,
i aar4ry �ufu . -Arkansas
<gnmu"'" 12]�21g66
wy Cunmgsio, cxairas Rm 28, 2032
Ordinance: 6648
File Number: 2023436
RZN 22-056: Rezoning (4302 W.
BRONCO DR.A3AIIMANN
CONSTRUCTION, 511):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN
REZONING PETITION UN 22-056
LOCATED AT 4302 WEST BRONCO
DRIVE IN WARD 1 FOR
APPROXIMATELY 0.38 ACRES
FROM CS, COMMUNITY SERVICES
TO RSF-I8, RESIDENTIAL SINGLE-
FAMILY, 18 UNITS PER ACRE
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS.
Section 1: That the City Council ofthe
City of Faymkville, Arkansas hereby
Charges Ire nine classification ofthe
property shown on the map (Exhibit A)
and the legal description (Exhibit B)
horh atmched to the Planning
DeperroetAs Agenda Memo Tram CS,
Community Services m RSF-I8,
Residemial Single Family, 18 Units Per
SecAcre.
n2: Thatthe City Councilofthe
eby
City
oFayedevillo, Arkansas hereby
amendsdoNeofficial zoningnap wring
City of Fayeneiect to reathe wzoning
change provided inn Section 1.
PASSED and APPROVED on March ],
2023
Approved:
md Jordan, May Aext
Kam
Kure T ClClete s
City Treasurer
This publication was paid forMe City
Clerk-Treasurerof0u City off
villa, A Arn .. S91.20
d:
]5662342 Muchh12,2, 2023