HomeMy WebLinkAboutOrdinance 6653•
File Number: 2023-450
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Doc ID: 021060630006 Type: REL
kind: ORDed: NANCE
04/15
r Recorded: 04/16/2023 at 11:55:44 AM
Fee Amt' n40.00 Ran. 1 of 6
Kyle nnton 0ountV, AR
Kyle 6Ylvester Clrcalt Clerk
113West Mountain Street R11e2023-00009530
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6653
RZN 23-002: (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-002
LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM STREET IN WARD 2 FOR
APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-
12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND RI-U, RESIDENTIAL INTERMEDIATE -
URBAN, SUBJECT TO A BILL OF ASSURANCE
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
Departn ent's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-12, Residential
Intermediate, 12 Units Per Acre and RI-U, Residential Intermediate -Urban, subject to a bill of assurance.
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 April 4, 2023
Page 1
Attest:
RZN-2023-0002 N. GREGG AVE AND W. ELM
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EXHIBIT "B"
SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET - PORTION PROPOSED FOR REZONING TO RI-U:
A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION
OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT ON THE SOUTH RIGHT-OF-WAY OF ELM STREET WHICH IS S00°0211411W 3.30' FROM THE
NORTHWEST CORNER OF SAID LOT FIFTEEN AND RUNNING THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26',
THENCE LEAVING SAID RIGHT-OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40', THENCE S00°02'13"W 214.72',
THENCE N89°58'15"W 42.00', THENCE S00°02'14"W 70.00', THENCE N89°58'15"W 58.00', THENCE N00°02'18"E 211.16',
THENCE N89°58'29"W 76.0070 THE EAST RIGHT-OF-WAY OF GREGG AVENUE, THENCE ALONG SAID RIGHT-OF-WAY
N10°29'26"E 190.84' TO THE SOUTH RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E
41.38' TO THE POINT OF BEGINNING, CONTAINING 0.95 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND
RIGHTS -OF -WAY OF RECORD.
SURVEY DESCRIPTION GREGG AVENUE AND ELM STREET - PORTION PROPOSED FOR REZONING TO RI-12:
A PART OF LOT NUMBERED FIFTEEN (15) AND A PART OF LOT NUMBERED SIXTEEN (16) IN GREEN ACRES, A SUBDIVISION
OF PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3, AND A PART OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 16 NORTH, RANGE 30 WEST, AS DESIGNATED
UPON THE RECORDED PLAT OF SAID SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 15 AND RUNNING THENCE 500'02'14"W 3.30' TO THE SOUTH
RIGHT-OF-WAY OF ELM STREET, THENCE ALONG SAID RIGHT-OF-WAY N89°51'52"E 41.26', THENCE LEAVING SAID RIGHT-
OF-WAY S00°08'08"E 114.50', THENCE N89°51'52"E 58.40' TO THE TRUE POINT OF BEGINNING AND RUNNING THENCE
N89°51'52"E 11.60', THENCE N00-08'08"W 2.50', THENCE N89°51'52"E 71.54', THENCE S00-02'57"W 54.65' TO AN
EXISTING REBAR, THENCE N89°41'50"W 18.12' TO AN EXISTING REBAR, THENCE S00°02'13"W 297.91' TO AN EXISTING
REBAR, THENCE N89°58'15"W 165.00', THENCE N00°01'59"E 65.00', THENCE S89°58'15"E 58.00', THENCE N00°02'14"E
70.00', THENCE S89°58'15"E 42.00', THENCE N00°02'13"E 214.72' TO THE POINT OF BEGINNING, CONTAINING 0.76
ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
EXHIBIT 1
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Received by Jonathan Curth
03/30/2023
11:36 A.M
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Washington County, AR
I certify this instrument was filed on
04/18/2023 11:55:44 AM
and recorded in Real Estate
File Number 2023-00009530
Kyle Sylvester - Circuit Clerk
by
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF APRIL 4, 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
2023-450
SUBJECT: RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY
VENTURES LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located
SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4,
RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately
1.71 acres. The request is to rezone 0.76 acres of the subject property to RI-12,
RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject properties are immediately southeast of the intersection of N. Gregg Avenue and W. Elm Street.
The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential Single-family, 4 Units per
Acre. No existing structures occupy the property, though there are overhead transmission lines along the south
boundary. There is dense vegetation throughout the site but no zoning overlays or special regulations apply.
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-
12, Residential Intermediate, 12 Units per Acre RI-U, Residential Intermediate -Urban.
Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter of support
states they are agreeable due to prior high -quality development that has been completed by the applicant. A
letter opposing the rezoning states a preference for single-family development and identified issues with
vehicular and bicycle safety. Staff also received a pair of phone calls opposing the rezoning identifying issues
with tree removal and degradation of wildlife habitats, exacerbating dangerous traffic conditions, increased
density, and that there is no assurance that affordable housing would be developed. Additional public comment
in opposition to the request was heard at the February 13th Planning Commission meeting. Those who spoke
said rezoning would cause or worsen issues with traffic, site access, increased density, and tree removal.
Land Use Compatibility: Staff finds the request to rezone the subject properties to RI-12 and RI-U is compatible
given the surrounding context. Properties in the near vicinity are primarily used for residential purposes with
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
some non-residential uses further afield to the north or separated by street and railroad right-of-way to the
west. Two-family up to multi -family dwellings are present to the south along N. Gregg Avenue; to the north,
west, and east properties are mostly developed with single-family homes. RSF-4 limits the use of the property
to single-family dwellings and accessory uses. Rezoning broadens the permitted housing types, allowing
everything from single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the inclusion of a build -to -
zone which requires that buildings address the public street where RSF-4 has a 15-foot front setback. Cluster
housing developments are permitted by -right in RI-12 and RI-U zoning where they are a conditional use in
RSF-4. The proposed rezoning would increase the permitted density at the site. RI-12 limits density to 12 units
per acre and RI-U has an unlimited density.
Of the overall lot area, 0.76 acres of the east and south sides of the property are proposed to be rezoned to RI-
12; 0.95 acres along the west side of the property is proposed to be rezoned to RI-U. Staff also finds that the
bulk and area regulations are suitable and not out of context with the surrounding properties. The east and
south extents are proposed to be rezoned to RI-12. In RI-12 zoning single family developments are permitted
the smallest lot size with 50-foot minimum widths and 5,000 square foot minimum areas. Two-family dwellings
have the same minimum lot width but require 7,260 square feet in area, and three-family dwellings and above
require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning merely requires an 18-foot lot width
minimum for residential uses, meaning the higher density development pattern would be likeliest to occur along
N. Gregg Avenue where there are other mixed density residential developments. The inclusion of a build -to -
zone with the RI-12 and RI-U zoning districts also requires that buildings address N. Gregg Avenue which
promotes walkability and pedestrian friendliness along a street lacking comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040
goals #1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6 — Create Opportunities for
Attainable Housing. First, the site scores moderately on the Infill Scoring Matrix. Rezoning would put added
residential density on properties with ready access to basic development needs such as public streets, water,
and sanitary sewer. The property is also proximate to multiple schools including a Woodland Junior High, The
New School, and the Fayetteville Montessori School. Rezoning aligns with Goal #4 since additional residential
density would be located near multiple transit routes, non-residential uses and employment centers like the VA
Medical Center.
Last, rezoning allows more diverse housing options than its current entitlements. A range of single- to four -
family dwellings provides more opportunity for affordable options than a strictly single-family district. The
request is consistent with the future land use map which designates the site as split between a Residential
Neighborhood and City Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature
and support a wide variety of housing types of appropriate scale and context. City Neighborhood Areas
encourage density in all housing types provide and provide a varying mix of nonresidential and residential
uses. Staff finds the subject rezoning will help facilitate redevelopment of an infill site rather than contributing to
suburban sprawl, create opportunities for diverse and attainable housing, and promotes residential
development that is connected to non-residential services.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 7-9 attributes for this site that may
contribute to appropriate infill. The following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Public School (Woodland Junior High)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
• Near City Park (Gregory Park)
• Near ORT Bus Stop (Route 10)
• Near Razorback Transit Stop (Route 26 Peak)
• Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail)
• Appropriate Future Land Use (City Neighborhood Area)
DISCUSSION:
At the February 13, 2023, Planning Commission meeting, a vote of 7-1-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Brink made the motion and Commissioner Canada
seconded. Commissioners in favor of the rezoning found the request aligned with the surrounding context and
the future land use map designation. Commissioner Garlock opposed the rezoning citing traffic and increased
density among his concerns. Three members of the public spoke in opposition to the request during the
meeting. Those who spoke asserted that rezoning would worsen traffic, especially without understanding how
the site would be accessed. They also identified issues with increased density and tree removal.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: Corrected SRF, Exhibit A, Exhibit B, Exhibit C, Corrected PC Report, B.1 Additional
Information (Bill of Assurance) - 3/21/2023, B.1 Additional Information (Revised Bill of Assurance) - 04/04/2023
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 #: 2023-450
RZN-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES
LLC, 367): Submitted by COMMUNITY BY DESIGN for properties located SE OF N. GREGG
AVE AND W. ELM ST in WARD 2. The properties are zoned RSF-4, RESIDENTIAL SINGLE-
FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The request is to
rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS
PER ACRE and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM STREET IN
WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,
4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE AND RI-
U, RESIDENTIAL INTERMEDIATE -URBAN, SUBJECT TO A BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units
Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre and RI-U, Residential Intermediate -
Urban, subject to a bill of assurance.
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
Received 03/01/2023 8:59 a.m.
from Jonathan Curth, Development
City of Fayetteville Staff Review Form Services Director
2023-443
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-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM ST/LEGACY VENTURES LLC, 367): Submitted by
COMMUNITY BY DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST in WARD 2. The properties are
zoned RSFA RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contain approximately 1.71 acres. The
request is to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE
and 0.95 acres to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
V20210527
Previous Ordinance or Resolution #
Approval Date:
Received 03/01/2023 8:59 a.m.
from Jonathan Curth, Development
CITY OF Services Director
FAYETTEVILLE PLANNING COMMISSION MEMO
%PF ARKANSAS
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-2023-0002: Rezoning (SE OF N. GREGG AVE AND W. ELM
ST/LEGACY VENTURES LLC, 367): Submitted by COMMUNITY BY
DESIGN for properties located SE OF N. GREGG AVE AND W. ELM ST.
The properties are zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contain approximately 1.71 acres. The request is
to rezone 0.76 acres of the subject property to RI-12, RESIDENTIAL
INTERMEDIATE, 12 UNITS PER ACRE and 0.95 acres to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0002 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0002 to City Council with a recommendation of approval."
BACKGROUND:
The subject properties are immediately southeast of the intersection of N. Gregg Avenue and W.
Elm Street. The site is composed of two lots totaling 1.71 acres and is zoned RSF-4, Residential
Single-family, 4 Units per Acre. No existing structures occupy the property, though there are
overhead transmission lines along the south boundary. No zoning overlays or special regulations
apply to the site. There is, however, dense mature tree canopy throughout the site. 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/Undeveloped
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
West
Mixed -density Residential/Ridout Lumber
Company
RMF-24, Residential Multi -Family, 24 Units per Acre; I -
1, Heavy Commercial and Light Industrial
Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units
per Acre to RI-12, Residential Intermediate, 12 Units per Acre RI-U, Residential Intermediate -
Urban.
Public Comment: Staff has received public comment in favor and opposed to the rezoning. A letter
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 1 of 23
of support states they are agreeable due to prior high -quality development that has been
completed by the applicant. A letter opposing the rezoning stated a preference for single-family
development and identified issues with vehicular and bicycle safety.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Gregg Avenue and W. Elm Street. N.
Gregg Avenue is an improved Neighborhood Link Street with asphalt paving,
sidewalk, and curb and gutter. W. Elm Street is a partially -improved Residential
Link Street with asphalt paving and open ditches along the property's frontage.
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. Existing 8-inch water mains are
present on the west side of N. Gregg Avenue and the north side of W. Elm Street.
Sewer: Sanitary Sewer is available to the subject area. Existing 18-inch sanitary sewer
mains are present in the center of N. Gregg Avenue and W. Elm Street.
Fire: Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Station 2, located at 708 N. Garland Avenue protects this site. The property is
located approximately 1.6 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 1 minute for dispatch and 1.2 minutes for turn -out
time. Within the City Limits, the Fayetteville Fire Department has a response time
goal of six minutes for an engine and eight minutes for a ladder truck.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain, there are no protected streams present in the subject area. Any
additional improvements or requirements for drainage will be determined at time
of development.
Hydric soils are present on the subject property. They are a known indicator of
wetlands. However, 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 is 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. Hydric soils are present throughout
the entirety of the subject property.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 2 of 23
Tree Preservation:
The proposed zoning districts of RI-12, Residential Intermediate, 12 Units per Acre
and RI-U, Residential Intermediate - Urban require a 20% and 15% minimum
canopy preservation, respectively. The current zoning district of RSF-4,
Residential Single -Family, 4 Units per Acre requires 25% 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 and City
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, 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.
City Neighborhood Areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7_9 for this
site, with a weighted score of 11.5 at the highest level. The following elements of the matrix
contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Avenue)
• Near Sewer Main (8" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Water Main (18" sewer main, N. Gregg Avenue & W. Elm Street)
• Near Public School (Woodland Junior High)
• Near City Park (Gregory Park)
• Near ORT Bus Stop (Route 10)
• Near Razorback Transit Stop (Route 26 Peak)
• Near Paved Trail (Woodland Poplar Trail & Scull Creek Trail)
• Appropriate Future Land Use (City Neighborhood Area)
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.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 3 of 23
Finding: Land Use Compatibility: Staff finds the request to rezone the subject
properties to RI-12 and RI-U is compatible given the surrounding context.
Properties in the near vicinity are primarily used for residential purposes
with some non-residential uses further afield to the north or separated by
street and railroad right-of-way to the west. Two-family up to multi -family
dwellings are present to the south along N. Gregg Avenue; to the north, west,
and east properties are mostly developed with single-family homes. RSF-4
limits the use of the property to single-family dwellings and accessory uses.
Rezoning broadens the permitted housing types, allowing everything from
single- up to four -family dwellings by -right. RI-12 and RI-U prescribe the
inclusion of a build -to -zone which requires that buildings address the public
street where RSF-4 has a 15-foot front setback. Cluster housing
developments are permitted by -right in RI-12 and RI-U zoning where they are
a conditional use in RSF-4. The proposed rezoning would increase the
permitted density at the site. RI-12 limits density to 12 units per acre and RI-
U has an unlimited density. Of the overall lot area, 0.76 acres of the east and
south sides of the property are proposed to be rezoned to RI-12; 0.95 acres
along the west side of the property is proposed to be rezoned to RI-U. Staff
also finds that the bulk and area regulations are suitable and not out of
context with the surrounding properties. The east and south extents are
proposed to be rezoned to RI-12. In RI-12 zoning single family developments
are permitted the smallest lot size with 50-foot minimum widths and 5,000
square foot minimum areas. Two-family dwellings have the same minimum
lot width but require 7,260 square feet in area, and three-family dwellings and
above require 90-foot lot widths and 10,890 square foot lots. RI-12 zoning
merely requires an 18-foot lot width minimum for residential uses, meaning
the higher density development pattern would be likeliest to occur along N.
Gregg Avenue where there are other mixed density residential
developments. The inclusion of a build -to -zone with the RI-12 and RI-U
zoning districts also requires that buildings address N. Gregg Avenue which
promotes walkability and pedestrian friendliness along a street lacking
comfortable amenities.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning to RI-12 and RI-U serves to contribute towards City Plan 2040 goals
#1 — Appropriate Infill, 4 — Growing a Livable Transportation Network, and 6
— Create Opportunities for Attainable Housing. First, the site scores
moderately on the Infill Scoring Matrix. Rezoning would put added
residential density on properties with ready access to basic development
needs such as public streets, water, and sanitary sewer. The property is also
proximate to multiple schools including a Woodland Junior High, The New
School, and the Fayetteville Montessori School. Rezoning aligns with Goal
#4 since additional residential density would be located near multiple transit
routes, non-residential uses and employment centers like the VA Medical
Center. Last, rezoning allows more diverse housing options than its current
entitlements. A range of single- to four -family dwellings provides more
opportunity for affordable options than a strictly single-family district. The
request is consistent with the future land use map which designates the site
as split between a Residential Neighborhood and City Neighborhood Area.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 4 of 23
Residential Neighborhood Areas are primarily residential in nature and
support a wide variety of housing types of appropriate scale and context.
City Neighborhood Areas encourage density in all housing types provide
and provide a varying mix of nonresidential and residential uses. Staff finds
the subject rezoning will help facilitate redevelopment of an infill site rather
than contributing to suburban sprawl, create opportunities for diverse and
attainable housing, and promotes residential development that is connected
to non-residential services.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff believes that there is sufficient justification for rezoning the property to
RI-12 and RI-U including diversifying the mix of residential uses along a
Neighborhood Link Street and increasing density where it generally aligns
with the future land use map.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning the property to RI-U carries an associated potential to increase
traffic at this location. Staff finds added traffic generated from the site may
complicate the existing traffic condition leading to increased congestion or
danger. The site has direct access onto N. Gregg Avenue and W. Elm Street.
N. Gregg Avenue is a Neighborhood Link Street with a designed service
volume of less than 6,000 vehicles per day. Arkansas Department of
Transportation estimates 16,000 vehicles per day traversed the road at a
study point roughly 250 feet north of the subject property. The subject
property appears to have adequate space to access N. Gregg Avenue and
meet access management standards however, there were 12 vehicle crashes
that occurred near the intersection of its unsignalized intersection with W.
Elm Street between 2017-2021. W. Elm Street has a designed service volume
of less than 4,000 vehicle trips per day but the segment north of the subject
property does not have a study point. Two routes are available to access W.
Elm Street. First, the property's frontage appears to be wide enough for a
driveway to access the street directly from its frontage. Second, a stub out
of alley right-of-way extends to the east side of the site from N. Dutton Place.
Nearby access to the regional trail system and two transit routes offers some
opportunity for future residents to use alternative modes. The Scull Creek
Trail can be accessed within a half mile of the site though N. Gregg Avenue
and a segment of the Arkansas -Missouri Railroad separate the site from the
regional trail system. Transit stops for both Ozark Regional Transit and
Razorback Transit are located within % mile of the site and do not require
crossing major thoroughfares. Lastly, staff acknowledges that
redevelopment of the site will require street improvements proportional to
the development of the site which may incrementally improve pedestrian
comfortability and connectivity to the wider non -motorized transportation
network.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 5 of 23
sewer facilities.
Finding: Rezoning the property from RSF-4 to RI-U has the capacity to increase the
population density at this location. Staff finds that limitations such as the
property's size and other development obligations such as required parking,
drainage, and tree preservation will prevent an increase in density beyond
what is suitable for the site. Water and sewer are available at this location,
negating the need to extend or improve services and the existing street
system can support added density. The Fayetteville Public School District
did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2023-0002.
PLANNING COMMISSION ACTION: Required YES
Date: February 13, 2023 O Tabled N Forwarded O Denied
Motion: Brink
ISecond: Canada Recommending approval.
Vote: 7-1-0
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 6 of 23
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre
o §161.11 District RI-12, Residential Intermediate, 12 (12) Units Per Acre
o §161.12 District RI-U, Residential Intermediate — Urban
• Public Comment
• Applicant Request Letter
• Applicant Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 7 of 23
161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre
(A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density
detached dwellings in suitable environments, as well as to protect existing development of these types.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 41
Accessory dwellings
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 9
Two-family dwellings
Unit 12a
Limited business
Unit 24
Home occupations
Unit 36
Wireless communications facilities
Unit 44
Cluster Housing Development
(C) Density.
Single-family
dwellings
Two (2) family
dwellings
Units per acre
4 or less
7 or less
(D) Bulk and Area Regulations.
Single-family
Two (2) family
dwellings
dwellings
Lot minimum width
70 feet
80 feet
Lot area minimum
8,000 square feet
12,000 square feet
Land area per
8,000 square feet
6,000 square feet
dwelling unit
Hillside Overlay
60 feet
70 feet
District Lot
minimum width
Hillside Overlay
8,000 square feet
12,000 square feet
District Lot
area minimum
Land area per
8,000 square feet
6,000 square feet
dwelling unit
(E) Setback Requirements.
Front Side Rear
15 feet 5 feet 15 feet
(F) Building Height Regulations.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 8 of 23
Building Height Maximum 1 3 stories
(G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot.
Accessory ground mounted solar energy systems shall not be considered buildings.
(Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No.
5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord.
No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-
19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21)
Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to
Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and
become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the
City Council amends this ordinance to repeal this sunset, repeal and termination section."
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 9 of 23
161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre
(A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a development potential between low density and
medium density with less impact than medium density development, to encourage the development of areas
with existing public facilities and to encourage the development of a greater variety of housing values.
(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 36
Wireless communications facilities
(C) Density.
Units per acre 1 12
(D) Bulk and Area Regulations.
Single-
Two (2) family
Three (3)
family
family
Lot width
50 feet
50 feet
90 feet
minimum
Lot area
5,000 square
7,260 square
10,890 square
minimum
feet
feet
feet.
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear
Uses
& Two (2)
Uses
Single
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 1 2 stories/3 stories
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 10 of 23
* 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 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(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98;
Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-
10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; 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 , §§4, 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-2023-0002 (LEGACY VENTURES LLC)
Page 11 of 23
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-2023-0002 (LEGACY VENTURES LLC)
Page 12 of 23
(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-2023-0002 (LEGACY VENTURES LLC)
Page 13 of 23
Umberger, Ryan
To: Planning Shared
Subject: RE: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
From: Scott Hill [mailto:razorbackscott@gmail.com]
Sent: Saturday, February 04, 2023 9:22 AM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
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.
in
I live about 3 blocks from this re -zoning. I support it. Community By Design usually plans wonderful development, so I
don't hesitate to support them and whatever plans they have here for my neighborhood. I am a general contractor,
although my company is not affiliated with this project in any way.
Thank you.
Scott Hill
61 E. Elm St
Fayetteville
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 14 of 23
Umberger, Ryan
To: belIe_20042004@yahoo.com
Subject: RE: Rezoning of area by Elm and Gregg
From: belle 20042004@vahoo.com [mailto:belle 20042004@yahoo.com]
Sent: Tuesday, February 07, 2023 8:54 PM
To: Planning Shared <planning@favetteville-ar.gov>
Subject: Rezoning of area by Elm and Gregg
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.
RZN-2023-0002 (N. GREGG AVE AND W. ELM ST)
Hello Planning committee,
I would like to say that putting apartments instead of keeping the area for single family homes goes against what the
builder promised (if this is the same builder). But past that, it is hard enough trying to turn left onto Gregg from Elm
street. I cannot image what more apartments will do for the safety of the area for vehicles and bicycles. Please do not let
this area be rezoned.
Best regards
Sharon Brasko
Baker Drive.
Sent from Yahoo Mail for iPhone
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 15 of 23
community -by -design
♦I •.� �
Emr.• .+
i ■ a.r r.= _`
."b. !MIMM_#fISLIV
TOWN PLANNING.URBAN ENGINEERVNG
January 17, 2023
Via Email
Ms. Jessica Masters
Zoning and Development Administrator
City of Fayetteville
125 West Mountain Street
Fayetteville, Arkansas 72701
RE: Gregg Avenue and Elm Street
Rezone Request RZN 2023 0002 - Revisions
Ms. Masters,
Thank you for meeting with us on January 10. We have looked into it and have decided to revise a portion of our rezone
request to RI-12. Please find the following revised documents which show the request to now include 0.95 acres of RI-U
along the west side of the property and 0.76 acres of RI-12 along the east and south sides of the property:
• One (1) copy of— Revised Survey Description of Property to be Rezoned Dated 1/17/23
• One (1) copy of— Revised Lot Split Tract C Exhibit Dated 1/17/23
• One (1) copy of— Submittal Letter Dated 1/17/23
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
Fayettevi*a,,,A�C7 QAon
4 7 9e1jr%@y6 7, R023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 16 of 23
WRITTEN DESCRIPTION OF GREGG AVENUE AND ELM STREET 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 Tim Brisiel and Legacy Ventures LLC. 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 better accommodate future development on the property to be more in
accordance with the City Plan 2040 goals. Specifically goal #1, to make appropriate infill and revitalization our highest
priority and goals #2 and #3 to discourage suburban sprawl and make compact, complete, and connected development
the standard. Goals #4 and #6, to grow a livable transportation network and create opportunities for attainable housing will
also be accommodated better if the rezoning change is granted. The zoning change will also create more opportunity to
preserve natural features which could contribute to goal #5 of assembling and enduring green network.
The RI-U District will better accommodate development on the property that is more in accordance with the City
Neighborhood Area Future Land Use Designation on the west side of the property, while at the same time making
possible a compatible transition to the Residential Neighborhood Area Designation on the east side of the property. The
RI-U District is designed to provide a range of housing types compatible in scale with single-family homes and also to
encourage a diversity of housing types to meet demand for walkable urban living.
c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance,
and signage.
The rules and regulations set forth in the RI-U District will make possible smaller -scaled development on the property that
is compatible to existing multi -family development immediately adjacent to the property on the west side and that will also
be compatible with single-family development that is currently occurring immediately east of the property. With direct
access to Gregg Avenue and transit along the corridor, development of the property with the RI-U district will not
negatively impact traffic.
d. Availability of water and sewer (state size of lines).
Public Water and Sewer is available and accessible along Gregg Avenue and Elm Street.18" sanitary sewer mains and 8"
water mains exist on both Gregg Avenue and Elm Street.
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.
Given the properties close proximity to services located along the Gregg Avenue Corridor, development of the property
under the rules and regulations set forth in the RI-U District would be highly consistent with land use planning objectives,
principles, and policies. The RI-U District will make possible development that is in strict accordance with City
Neighborhood Areas while providing the flexibility needed to create an appropriate and compatible transition to the
Residential Neighborhood Areas to the east.
The property has an infill rating of 9 and 8. The higher infill rating coupled with close proximity to transit closely fits the RI-
U districts intended purpose to provide a range of housing types compatible in scale with single-family homes. The rules
and regulations set forth in the RI-U District also make possible a development form that will discourage suburban sprawl
and make compact, complete, and connected development the standard. Those same rules and regulations will also
make possible more preservation of land.
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 future development on the property 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. The Gregg Avenue corridor can
easily and safely accommodate any new traffic generated from development of the property. Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 17 of 23
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.
With only 1.71 acres proposed for rezoning to the RI-U District, the proposed zoning will not alter the population density in
a way that would significantly increase the load on public services.
i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification.
The proposed zoning will encourage a development use and form that is more in accordance with City Plan 2040 and
contribute to the environmental, economic, and social benefits that City Plan 2040 offers.
Planning Commission
February 13, 2023
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 18 of 23
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February 13, 2023
LLC)
Page 19 of 23
File Number: 201200033545 Page 1 er 1
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 20 of 23
RZN-2023-0002 N. GREGG AVE AND W. ELM
Close Up View ST
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Zone Current Proposed
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RSF-4 1.7 0.0
Total 1.7 ac
Planning Comm
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 21 of 23
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 22 of 23
RZN-2023-0002 N. GREGG AVE AND W. ELM
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Planning Commis
RZN-2023-0002 (LEGACY VENTURES LLC)
Page 23 of 23
Additional Information Received from
Blake Pennington, Assistant City
Attorney on 3/21/23 at 2:33 p.m.
ORDINANCE NO.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION
RZN 23-002 LOCATED SOUTHEAST OF NORTH GREGG AVENUE AND WEST ELM
STREET IN WARD 2 FOR APPROXIMATELY 1.71 ACRES FROM RSF-4, RESIDENTIAL
SINGLE FAMILY, 4 UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12
UNITS PER ACRE AND RI-U, RESIDENTIAL INTERMEDIATE -URBAN, SUBJECT TO A
BILL OF ASSURANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single
Family, 4 Units Per Acre to RI-12, Residential Intermediate, 12 Units Per Acre and RI-U,
Residential Intermediate -Urban, subject to a bill of assurance.
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 this 7ffi day of March, 2023.
APPROVED: ATTEST:
an
an
LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner") Legacy
Ventures LLC, hereby voluntarily offers this Bill of Assurance and enters into this
binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying
injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The
Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville
City Council will reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. This bill of assurance restricts use to either single-family detached housing or single-
family detached housing per the cluster housing development ordinance on
property currently defined by Washington County Parcel 765-05839-000, totaling
approximately 1.50 acres. This bill of assurance restricts building height to two-story
or less. Both restrictions do not apply to the north -westernmost 0.18 acres of
Washington County Parcel 765-05839-000, an area otherwise defined as the
northwestern panhandle of the parcel measuring roughly 41.26'x188.50'. Both
restrictions do not apply to Washington County Parcel 765-09486-000. Restricted
areas shall be as substantially shown on the attached Exhibit 1.
2. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by ordinance
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office along with Petitioner's rezoning
ordinance and shall be noted on any Plat, Large Scale Development, Large Site or
Small Site Improvement Plan, or other development authorization which includes
some or all of Petitioner's property that is subject to the rezoning ordinance and this
Bill of Assurance.
IN WITNESS WHEREOF and in agreement with all the terms and conditions stated
above, I, i�,N .win�z .ac ,left as the owner, developer or
buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
fzwe3
Date
Addres$
9z-7�
Printed Name
STATE OF ARKANSAS }
COUNTY OF WASHINGTON }
7�n, Af: ,eL, Me.6er
And now on this the ? day of 614rr4 2023, appearecAbefore me,
W,,e4 a,,A L.. /'1i14er a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
My Commission Expires:
7l3/3i
NOTARY PUBLIC
RICRA=��IIR31a
NOTW40ingmasMyy Ciammiss2031€19mmission441
EXHIBIT I
RORRINS. SARAH J
W fill)
S THIS IS A PART OF
765-OS&39-000
765-13536-000
CITY OF i
THIS IS PARCEL
AREA NOT TO BE
765-05839-001
RESTRICTED PER
BILL OF
ASSURANCE - 0.48
765-3323
ACRES
765-05639-002
PEUGEOT
WOKER, JAMES EDWARD TRUST
y 6 0
8 T
5 N MITCHELL 6 MCGINTY. LAINE
Q
y`e '
763-3323
h P
PEUGEOT
AREA TO BE
RESTRICTED PER
BILL OF
t.
ASSURANCE - 1.32
765-
ACRES+�-
PEUG
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KRAUFT,,VIRGI"NI,(RFVOCAB
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765,4
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PEUG
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au
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765-09548-000 10"t)
KKAUFT, VIRGINIA REVOCARL T
'I
is
7ua�I
V9,
765-33242-000
♦r
PEUGEOTLLC
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eq�'
7
c
P
765-05964-000
IVEY, JOSEPH GARLAND 1 EMILY
765-09549-000
765-03965-000
1650'an lUu
Received By Kit Williams
04/04/2023
10:46 A.M
BILL OF ASSURANCE
FOR THE CITY OF FAYETTEVILLE, ARKANSAS
In order to attempt to obtain approval of a request for a zoning reclassification,
the owner, developer, or buyer of this property, (hereinafter "Petitioner") Legacy
Ventures LLC, hereby voluntarily offers this Bill of Assurance and enters into this
binding agreement and contract with the City of Fayetteville, Arkansas.
The Petitioner expressly grants to the City of Fayetteville the right to enforce
any and all of the terms of this Bill of Assurance in the Circuit Court of Washington
County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate
any term of this Bill of Assurance, substantial irreparable damage justifying
injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The
Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville
City Council will reasonable rely upon all of the terms and conditions within this Bill of
Assurance in considering whether to approve Petitioner's rezoning request.
Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's
property shall be restricted as follows IF Petitioner's rezoning is approved by the
Fayetteville City Council.
1. This bill of assurance restricts use to either single-family detached housing or single-
family detached housing per the cluster housing development ordinance on
property currently defined by Washington County Parcel 765-05839-000 totaling
approximately 1.50 acres. The use restriction does not apply to the north -
westernmost 0.18 acres of Washington County Parcel 765-05839-000, an area
otherwise defined as the northwestern panhandle of the parcel measuring roughly
41.26'x188.50', and does not apply to Washington County Parcel 765-09486-000. This
bill of assurance restricts building height to two-story or less on both Washington
County Parcel 765-05839-000 and Washington County Parcel 765-09486-000.
Restricted areas shall be as substantially shown on the attached Exhibit 1.
2. Petitioner specifically agrees that all such restrictions and terms shall run with the
land and bind all future owners unless and until specifically released by ordinance
of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the
Washington County Circuit Clerk's Office along with Petitioner's rezoning
ordinance and shall be noted on any Plat, Large Scale Development, Large Site or
Small Site Improvement Plan, or other development authorization which includes
some or all of Petitioner's property that is subject to the rezoning ordinance and this
Bill of Assurance.
IN WITNESS- IEREOF and in agreement with all the terms and conditions stated
above, I, 11--f ��� --� as the owner, developer or
buyer (Petitioner) voluntarily offer all such assurances and sign my name below.
Date
APress
7yJ_-,z
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Printed Name
And now on this the 4A day of /-` 2023, appeared before me,
a Notary Public, and after being placed upon his/her oath
swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and
signed his/her name above.
My Commission Expires:
ZA6zt Z&6&
NOTARY PUBLIC
BRETT MILLER
NOTARY PUBLIC
r �/11as�iflgtOn Coupty Arkansas
;. V Commission Expires 9/912026
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Number 12350900
EXHIBIT 1
W F l 111 S t
765 -1353 6-000
CITY OF F
AREA RESTRICTED
BY HEIGHT ONLY
PER BILL OF
ASSURANCE - 0.48
ACRES +/-
765-09547-000
KRAUFT, VIRGYN7�S RI-1
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201
-w .. R 8 IH SARA H
THIS IS A PART OF
765-05839-000
- THIS IS PARCEL
765--05839-001
765-332
7-0363D-OQ2 PEUGEOT
WOKER, JAMES EDWARD'TRUST
W MITCHELL A MCGi h TY. LAZNE
AREA RESTRICTED
BY USE AND
HEIGHT PER BILL
OF ASSURANCE -
1.32 ACRES +/-
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765-"S"- 000 2 is S 0
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765-QS96�-QOQ �_
IVEY, JOSEPH GARLAND a EMILY76S_05963-000
163-095�9-00Q
765-3323q
PEUGEOTj
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765-33242-000
PEUGEOT LLC
765-0396
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