HomeMy WebLinkAboutOrdinance 6649113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6649
File Number: 2023440
Doc ID: 02300]940003 Type: REL
Klnd: ORDINANCE
Recorded: 03/11/2023 at Oa:2J:53 AM
Fee Aft: $23.00 Pape 1 of 3
Kyle Sylvester 0 rcult Clerk
File2028_00006643
RZN 23-001: (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485)
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-001
LOCATED WEST OF NORTH WASHINGTON AVENUE IN WARD 1 FOR APPROXIMATELY 0.12 ACRES
FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RI-U, RESIDENTIAL
INTERMEDIATE -URBAN
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 RMF-24, Residential Multi -Family, 24 Units Per Acre to RI-U, Residential
Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the
City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on March 7, 2023
Page 1
Attest:
c�eO
T y F9c
Kara Paxton, City Cler reasurer �: FAyET'rEFrl If
RZN-2023-0001
Close Up View
F
uma�cmter
— unaa�a�va
— May
Reimdantal Llnk
HIIIVESHIIItop oveday Distnd
Design overlay Dislnd
1 Plannag Free
Fayetteville City Limits
N. WASHINGTON AVE IRZN-2023-0001
EXHIBIT "A"
Ro
Subject Property
Zone Current Proposed
RI-U 0.0 0.1
RMF-24 0.1 0.0
Feet
0 75 150 300 450 600
1 t2,400 Total 0.1 ac
RZN-2023-0001
SURVEY DESCRIPTION PARCEL 8765-12693-000IN. WASHINGTON AVENUE), EXHIBIT „B„
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.
COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2"47'20"E 678.77',
THENCE 588"13'52"E 513.47', THENCE 502"19'55"W 89.56' TO AN EXISTING REBAR MARKING THE TRUE POINT OF
BEGINNING AND RUNNING THENCE S88"24'07"E 57.82', THENCE S02°16'05"W 89.38', THENCE N88"26'12"W 57.92' TO
AN EXISTING REBAR, THENCE NO2°19'55"E 89.41' TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR
LESS. SUBJECT TO THAT PORTION IN NORTH WASHINGTON AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST
SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
Washington County, AR
I certify this instrument was filed on
03/17/2023 08:27.53 AM
end recorded in Real Estate
File Number 2023-00006643
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: Ryan Umberger, Senior Planner
DATE:
CITY COUNCIL MEMO
2023-440
SUBJECT: RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET
COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for property located W. OF
N. WASHINGTON AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL
MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.12
acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is located in central Fayetteville, roughly 80 feet south of the intersection of E. Spring
Street and N. Washington Avenue. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre,
totals approximately 0.12 acres, and is undeveloped. No zoning overlays or special regulations apply to the
site however it is characterized by dense vegetation and a roughly 8% grade, sloping from a high point in the
northeast corner of the site, down to the southwest.
Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RI-
U, Residential Intermediate -Urban.
Public Comment: One member of the public offered comment in opposition of the item. Among their concerns
was the potential increase in traffic, noise, and burden on existing infrastructure that rezoning the property will
create.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses
and densities located near the subject property vary substantially. Neighboring properties are of a variety of
sizes but generally follow a typical lot and block development pattern. Both the existing and proposed zoning
designations are high -density residential districts with urban form setbacks that are congruent with the existing
pattern in the neighborhood. When compared to RMF-24, RI-U would increase the permitted buildable area
from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.12 acres, a maximum
of two units are permitted under current entitlements, where rezoning to RI-U would remove the density
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
limitation. That said, any future development would be subject to, and limited by, minimum parking
requirements, tree preservation, drainage, and access management standards. RMF-24 zoning allows multi-
family dwellings by -right where they are only allowed as a conditional use in RI-U. Rezoning to RI-U would
reduce side and rear setbacks for three- and four -family dwellings, increasing the buildable area on site. RMF-
24 also prescribes bulk and area regulations for lot width and area based on the specific use of the property
where RI-U merely requires an 18-foot lot width minimum and no lot area minimum for residential uses.
Conversely, RMF-24 includes a five -story height limit, compared with the smaller single-, 2-, 3-, and 4-family
buildings allowed under RI-U with a three-story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from RMF-24 to RI-U serves to contribute towards City Plan
2040 Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, and #6 — Create Opportunities
for Attainable Housing. The site scores high on the Infill Scoring Matrix due to water/sewer access, public
schools, the university campus, parks and trails, transit, and groceries nearby. Because of the flexible zoning
regulations associated with the RI-U district, rezoning may allow for redevelopment or added density near
these services. Additionally, where large multi -family buildings are currently permitted under RMF-24, RI-U
encourages more appropriately scaled buildings in relation to the existing neighborhood. The Future Land Use
Map designates the site as a Residential Neighborhood Area — a designation which supports support a wide
variety of housing types of appropriate scale and context including single-family, duplexes, rowhouses,
multifamily and accessory dwelling units. Increasing density is likely best facilitated on a site of this size due to
the generous regulations in RI-U zoning and it is justified given the property's proximity to commercial and non-
residential uses in downtown Fayetteville.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 10 attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" sewer main, N. Washington Ave.)
• Near Water Main (6" water main, N. Washington Ave.)
• Near Grocery Store (Ozark Natural Foods, 380 N. College Ave
• Near Public School (Washington Elementary School)
• Near University of Arkansas Campus
• Near City Park (Mt. Sequoyah Gardens,
• Near ORT Bus Stop (Route 20)
• Near Razorback Transit Stop (Route 13,
• Sufficient Intersection Density
DISCUSSION:
Yvonne Richardson Community Center)
17 Detour Peak)
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 Brink made the motion and Commissioner Madden
seconded. Commissioners in favor of the rezoning found the property's proximity to non-residential services
near downtown Fayetteville provided sufficient justification for the property to be rezoned. No members of the
public spoke during the meeting.
BUDGET/STAFF IMPACT:
N/A
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
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 #: 2023-440
RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES,
485): Submitted by COMMUNITY BY DESIGN for property located W. OF N. WASHINGTON
AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-
FOUR UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the
property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-001 LOCATED WEST OF NORTH WASHINGTON AVENUE IN WARD 1 FOR
APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS
PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units
Per Acre to RI-U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
Page 1
City of Fayetteville Staff Review Form
2023-440
Legistar File ID
3/7/2022
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-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485): Submitted by
COMMUNITY BY DESIGN for property located W. OF N. WASHINGTON AVE in WARD 1. The property is zoned RMF-
24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.12 acres. The
request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
RZN-2023-0001 N. WAS H I N GTO N AVE RZN-2023-0001
Close up view I EXHIBIT "A"
P-1
M
CEN
W
a
ul
C9
W
J
J
O
0
Urban Center
Unclassified
Alley
Residential Link
Hillside -Hilltop Overlay District
Design Overlay District
r _ Planning Area
Fayetteville City Limits
Fim
R-O
VVI\1\GR"J�\
Z I
V
LLEY 172 Q
Subject Property
Z
Q
T ~
I
I
NORTH
Zone Current Proposed
RI-U 0.0 0.1
RM F-24 0.1 0.0
Feet
0 75 150 300 450 600
1:2,400 Total 0.1 ac
SURVEY DESCRIPTION PARCEL #765-12693-000 (N. WASHINGTON AVENUE):
RZN-2023-0001
EXHIBIT "A"
A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30
WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°47'20"E 678.77',
THENCE S88°13'52"E 513.47', THENCE S02°19'55"W 89.56' TO AN EXISTING REBAR MARKING THE TRUE POINT OF
BEGINNING AND RUNNING THENCE S88°24'07"E 57.82', THENCE S02°16'05"W 89.38', THENCE N88°26'12"W 57.92' TO
AN EXISTING REBAR, THENCE NO2°19'S5"E 89.41' TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR
LESS. SUBJECT TO THAT PORTION IN NORTH WASHINGTON AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST
SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
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: February 13, 2023 (Updated with Planning Commission Results)
SUBJECT: RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING
STREET COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for
property located at W. OF N. WASHINGTON AVE. The property is zoned
RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER
ACRE and contains approximately 0.12 acres. The request is to rezone the
property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0001 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0001 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in central Fayetteville, roughly 80 feet south of the intersection of
E. Spring Street and N. Washington Avenue. The property is zoned RMF-24, Residential Multi-
family, 24 Units per Acre, totals approximately 0.12 acres, and is undeveloped. No zoning
overlays or special regulations apply to the site however it is characterized by dense vegetation
and a roughly 8% grade, sloping from a high point in the northeast corner of the site, down to the
southwest. 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
RMF-24, Residential Multi -Family, 24 Units Per Acre
South
Two -Family Residential
RMF-24, Residential Multi -Family, 24 Units Per Acre
East
Single -Family Residential
RMF-24, Residential Multi -Family, 24 Units Per Acre
West
Mixed -Density Residential
RMF-24, Residential Multi -Family, 24 Units Per Acre
Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units
per Acre to RI-U, Residential Intermediate -Urban.
Public Comment: One member of the public offered comment in opposition of the item. Among
their concerns was the potential increase in traffic, noise, and burden on existing infrastructure
that rezoning the property will create.
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 1 of 16
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the north side of N. Washington Avenue. W.
Washington Avenue is a partially -improved Residential Link Street with asphalt
paving, sidewalks on the west side of the street and curb and gutter. 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 N. Washington Avenue.
Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer
main is present on the east side of N. Washington Avenue.
Fire: Station 1, located at 303 W. Center Street protects this site. The property is located
approximately 0.6 miles from the fire station with an anticipated drive time of
approximately 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 expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain, there are no protected streams present in the subject area, nor
are there any hydric soils present on the site. Any additional improvements or
requirements for drainage will be determined at time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of RMF-24,
Residential Multi -Family, 24 Units per Acre requires 20% minimum canopy
preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as a Residential Neighborhood.
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, multifamily
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 non-residential 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.
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 2 of 16
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this
site, with a weighted score of 14.5 at the highest. The following elements of the matrix contribute
to the score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (8" sewer main, N. Washington Ave.)
• Near Water Main (6" water main, N. Washington Ave.)
• Near Grocery Store (Ozark Natural Foods, 380 N. College Ave.)
• Near Public School (Washington Elementary School)
• Near University of Arkansas Campus
• Near City Park (Mt. Sequoyah Gardens, Yvonne Richardson Community Center)
• Near ORT Bus Stop (Route 20)
• Near Razorback Transit Stop (Route 13, 17 Detour Peak)
• Sufficient Intersection Density
FINDINGS OF THE STAFF
1. A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. Residential uses and densities located near the subject
property vary substantially. Neighboring properties are of a variety of sizes
but generally follow a typical lot and block development pattern. Both the
existing and proposed zoning designations are high -density residential
districts with urban form setbacks that are congruent with the existing
pattern in the neighborhood. When compared to RMF-24, RI-U would
increase the permitted buildable area from 50% to 60% of the lot's overall
area. Since the subject property contains roughly 0.12 acres, a maximum of
two units are permitted under current entitlements, where rezoning to RI-U
would remove the density limitation. That said, any future development
would be subject to, and limited by, minimum parking requirements, tree
preservation, drainage, and access management standards. RMF-24 zoning
allows multi -family dwellings by -right where they are only allowed as a
conditional use in RI-U. Rezoning to RI-U would reduce side and rear
setbacks for three- and four -family dwellings, increasing the buildable area
on site. RMF-24 also prescribes bulk and area regulations for lot width and
area based on the specific use of the property where RI-U merely requires
an 18-foot lot width minimum and no lot area minimum for residential uses.
Conversely, RMF-24 includes a five -story height limit, compared with the
smaller single-, 2-, 3-, and 4-family buildings allowed under RI-U with a three-
story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from RMF-24 to RI-U serves to contribute towards City Plan 2040
Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, and
#6 — Create Opportunities for Attainable Housing. The site scores high on
the Infill Scoring Matrix due to water/sewer access, public schools, the
university campus, parks and trails, transit, and groceries nearby. Because
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 3 of 16
of the flexible zoning regulations associated with the RI-U district, rezoning
may allow for redevelopment or added density near these services.
Additionally, where large multi -family buildings are currently permitted
under RMF-24, RI-U encourages more appropriately scaled buildings in
relation to the existing neighborhood. The Future Land Use Map designates
the site as a Residential Neighborhood Area — a designation which supports
support a wide variety of housing types of appropriate scale and context
including single-family, duplexes, rowhouses, multifamily and accessory
dwelling units. Increasing density is likely best facilitated on a site of this
size due to the generous regulations in RI-U zoning and it is justified given
the property's proximity to commercial and non-residential uses in
downtown Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to RI-U is justified. The RMF-24 zoning regulations
often facilitate development on larger sites. Rezoning may be less restrictive
in allowing the property to develop under proportional regulations. Because
rezoning will better support infill redevelopment on the property, staff finds
the proposed zoning to be consistent with the City's future land use goals
and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to RI-U has an associated potential to increase traffic at this
location. RI-U permits development at an unlimited density where it is
currently limited to 24 units per acre. Staff finds, though, the potential to
increase the number of residential units is marginal given the size of the lot
and unlikely to result in increased traffic danger or congestion. The subject
property has access to N. Washington Ave., an improved Residential Link.
Future development would be required to meet the City's applicable access
management and parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-U may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 4 of 16
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-2023-0001.
PLANNING COMMISSION ACTION: Required YES
Date: February 13, 2023 O Tabled 0 Forwarded O Denied
(Motion: Brink
Second: Madden Recommending approval.
Vote: 8-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.12 District RI-U, Residential Intermediate — Urban
o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units
Per Acre
• Public Comment
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 5 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
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 6 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
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 7 of 16
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
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.
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 8 of 16
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."
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 9 of 16
Umberger, Ryan
From: Dj <djaxon20l5@yahoo.com>
Sent: Monday, February 6, 2023 4:05 PM
To: Umberger, Ryan
Subject: RZN 2023-0001
CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
To whom it may concern,
My name is David Jackson. I'm a property owner adjacent to the property that they want to build on.
We've had four new apartments built over the past seven years on the little properties on N Washington. The street in
front of our houses has doubled if not tripled in traffic, which means more noise. The foot traffic has doubled.
I'm writing you because I'm against, and asking you to deny the request to rezone the property located directly across
the street from 132 and 144 N Washington Ave. Please deny the request to rezone the property to RI-U, Residential
Intermediate -Urban.
Please let it stay as is RMF-24, Residential Multi Family.
If more apartments are added to that tiny property it's going to really be congested up and down the street. We don't
need the extra traffic or people.
Thank You,
David Jackson / Homeowner
116 N Washington Ave
Fayetteville, AR 72701
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 10 of 16
community -by -design
♦I •.� �
• .+
i ■ a.r nr�_` i
TOWN PLANNING.URBAN ENGINEEMNG
January 3, 2023
Via EnerGov
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: North Washington Avenue — Rezone Request
Submittal Package
Ms. Masters,
As the owner of Washington County Parcel 765-12693-000, I respectfully request the City of Fayetteville to approve an
ordinance to rezone the subject property from the existing zoning classifications of RMF-24 to the Residential
Intermediate Urban (RI-U) Zoning District. Please find the following documents required for processing the rezoning
request:
• One (1) copy of— Survey Description of Property to be Rezoned
• One (1) copy of — County Parcel Map
• One (1) copy of — Written Description of Request per City of Fayetteville Rezoning Application
The primary reason for the zoning change request is to ensure compatibility with the existing neighborhood in terms of
building form and building scale in the event of future development on the property.
This request is coupled with a conditional request to vary from UDC 172.05 to allow a duplex or triplex on the property to
provide parking at a rate of 1 parking space per bedroom.
Please let me know if you have any questions or if you need additional information in order to process this request.
Sincerely,
Brian Teague
Community By Design
100 West Center Street Suite 300
F ayettevi 4ra,A�CaWPA0,
4 7 9FeIJr%@y6 7, R023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 11 of 16
WRITTEN DESCRIPTION OF N WASHINGTON AVE RI-U REZONE REQUEST PER THE CITY OF FAYETTEVILLE
REZONING APPLICATION
a. Current ownership information and any proposed or pending property sales.
The subject property is owned by Spring Street Cottages LLC and John Brian Teague. There are no proposed or pending
property sales.
b. Reason (need) for requesting the zoning change.
The reason for the zoning change request is to ensure compatibility in building form and scale in the event of future
development on the property. The zoning regulations provided by the RI-U district, specifically in regards to building height
and multi -family use would require a building form similar to those that currently exist in the East Spring Neighborhood.
The RMF-24 district allows 5 story buildings and multi -family use which is not compatible with the existing buildings in the
Neighborhood.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance,
and signage.
In the event of future development on the property, the RI-U district would require buildings to be smaller scaled (3 story
maximum) and a multi -family use would not be allowed. This scenario is consistent with the scale and use of the existing
buildings in the neighborhood.
The existing RMF-24 district allows for buildings up to a 5 stories tall and also allows for a multi -family use. This is
significantly inconsistent with the scale and use of the existing buildings in the neighborhood.
Traffic would not be impacted.
d. Availability of water and sewer (state size of lines).
Water and Sewer is available. A 8" water main and 8" sanitary sewer main is accessible along N Washington Avenue.
e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and
with land use and zoning plans.
The proposed zoning is highly consistent with City Plan 2040. The Residential Intermediate Urban (RI-U) Zoning District
will encourage development that is in accordance with the principles of traditional town form. The Residential Intermediate
Urban (RI-U) Zoning District allows for appropriate infill and advances the City's goal to grow a livable transportation
network.
f. Whether the proposed zoning is justified and/or needed at the time of the request.
The proposed zoning is needed at this time in order to ensure that any future development is more in accordance with the
principles of City Plan 2040.
g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion.
The proposed zoning will not create or appreciably increase traffic danger or congestion.
h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public
services including schools, water, and sewer facilities.
The proposed zoning will not make possible more density on the property.
i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification.
The proposed zoning encourages use and form that is more in accordance with the existing neighborhood and will
encourage a development form that is more in accordance with City Plan 2040.
Planning Commission
February 13, 2023
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 12 of 16
RZN-2023-0001
One Mile View
I
iiiiiiii Neighborhood Link
iiiiiii= Regional Link - High Activity
Urban Center
- Unclassified
- Alley
- Residential Link
Shared -Use Paved Trail
Trail (Proposed)
Design Overlay District
j Fayetteville City Limits
r i Planning Area
N. WASHINGTON AVE
0 0.13 0.25 0.5 Miles
I
_ I
_ I
CS j
J
m
I
N i
C, _ RM
LAFAYETTEIST e� �
I
MSC 1-
I
DICKSSubject Property
ONtST
II I W
1 ,�Vi 111�--J
■
ORTH
rJ1L
RSF-4
Q
Pla<Limits
_ _ _
Fay
t
41
I
I
I
' I
I
2 ning
General Industrial
RESIDE NTIALSINGLE-FAMILY
EXTI-2
RA ION
1� RI-u
COMMERCIAL
RI-12
ResltleniiaFOfice
�ResltleMlal-�dWIW21
��-2
RSF-s
Ica
RSF-1
FORM BASED DISTRICTS
RSF-2
Gown—n Core
RSF4
Umanlhomughram
RSF-]
..in... Center
RSF-8
Osxniown General
RSF-18
1� Community Services
RESIDENTIAL MULTI -FAMILY
Neighborhood services
RMF-1
Neighborhood Con Mion
�RMF-12
PLANNED ZONING DISTRICTS
RMF-11
1= Commercial, Intluslnal, Resldentlal
1� RMF-2a
INSTITUTIONAL
I� RMF-00
INDUSTRIAL
Running Commissi
I-1 Heavy Commensal and Light Indus n
3
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 13 of 16
RZN-2023-0001
Close Up View
P-1
M
CEN
W
a
ul
C9
W
J
J
O
0
Urban Center
Unclassified
Alley
Residential Link
Hillside -Hilltop Overlay District
Design Overlay District
r _ Planning Area
Fayetteville City Limits
N. WASHINGTON AVE
Fim
R-O
VVI\1\GR"J�\
Z I
V
LLEY 172 Q
Subject Property
Z
Q
T ~
I
I
NORTH
Zone Current Proposed
RI-U 0.0 0.1
RM F-24 0.1 0.0
Feet
0 75 150 300 450 600
1:2,400 I Total 0.1 ac J
Planning Comn
3
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 14 of 16
a ! • r Laullill +,
, Im
N1n�.
6A
r
Urban Center
FEMA Flood Hazard Data
Unclassified
Alley
100-Year Floodplain
Residential Link
Feet
Floodway
— — — Trail (Proposed)
r : Planning Area
0 112.5 225
450
675 900
_ Fayetteville City Limits
��'
:3,6��
1 ___ Design Overlay District
Planning Commissi n
3
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 15 of 16
RZN-2023-0001
N. WAS H I N GTO N AVE
_
N 0 RT H
Future Land Use
w
a
j z >
City o
j O i—SUTTON-ST
I
Q
=
Neighborhood Q
o O
J
Z
z
=
j Q W 3:
co
DICKSWST
DICKSON•ST
I
w
Non -Municipal
Q
r
N
Government j
>
Residential
W
Neighborhood
O
QSubject
Q
Property R•ST
I A172Y
w
o
W
C9
W
M J
Q W
W O
Y J
J V
J Urban
O Q
Q Center
m�W—
MEADOWST
L>CENT9R,S
ALLEY-35
T
I UJIIwI
i Z,>
J C Q
MEADOWST
� Q
O
MOUNTAIWST
—Lr
ALLEY-155
O
ROMST
1TIT,
ROCKS
-0 V
V�-
v
IE
wCO
�
QI-r-
— Urban Center
Unclassified
Alley
Residential Link
r Planning Area
Fayetteville City Limits
— — — Trail (Proposed)
j Design Overlay District
I
I
i---MOUNTAIN
SPRING-ST
W
a
� W
Z Q
> < III
Q MEADOW ST O
O
J
.J
-I—CENTER-ST - - -
Civic and
Private
Open Space
0
ROCK ST
W
J J'C
J
Feet
0 145 290 580
:11
City Neighborhood
Civic Institutional
Civic and Private Open Space
Industrial
Natural
Non -Municipal Government
870 1,160 Residential Neighborhood
Rural Residential
Urban CenterPlanning Commis
RZN-2023-0001 (SPRING STREET COTTAGES)
Page 16 of 16
RECEIVED
AR�K✓Aws
MAR 2 0 ZO 3
TNORTHWEST
7^momt oazeac
i1 JIF�+r �AMq',•I�n..1;:. ■���/1 JKf RfvV
QTICL K'S OFFICE
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 6649
Was inserted in the Regular Edition on:
March 12, 2023
Publication Charges: $89.68
Pao�la L z T
Subscribed and swom to before me
This � day of A4,&e, 2023.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
usn ux t1:Aa�OHS
FCo
WmMeak CaaniCOtlbrt %i # f27214"
mrMabn Eldrea Nov 2111 1032
6649
r 2023-
1: (W. OF N.
THAT
ELDNINU PETITION RZN 23-001
DCATED WEST OF NORTH
'ASHINGTON AVENUE IN WARD
FOR APPROXIMATELY 0.12
CRES FROM RMF-24,
ESIDENTIAL MULTI -FA Y,N
NITS PER ACRE TO RI-U,
EsmENTIAL MTERMEDIATE-
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF
FAYETTEVnLE, ARKANSAS:
Section 1: Tlut the City Council ofthe
City of Fayetteville, Aricanm hereby
changes the zone classi0cation of the
the
Section 2: That the Ciry Council ofNe
City of Fayetteville, Arkansas hereby
amends the official zoning map ofthe
City of Fayetteville b reflect the zoning
choose provided in Section 1.
PASSED and APPROVED on March T,
paid
12,2023
ARwh