HomeMy WebLinkAboutOrdinance 665410
113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance 6654
File Number: 2023-548
RZN 23-006: REZONING (920 S. WOOD AVE.1MAHONEY, 563)
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Doc ID: 0210610003 Type: REL
Kind: ORDINAN05CE
Recorded: 04/18/2023 at 11:54:57 AN
Fee Art: $25.00 Pape 1 of 3
Mashlnpton County, AR
Kyle 3Vlvaster Circuit Clerk
F11e2023-00009528
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-006
LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.48 ACRES FROM NC,
NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARI ANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shovm on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation 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 April 4, 2023
Page 1
Attest
RZN-2023-0006
Close Up View
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920 S. WOOD AVE
Subject Property
Feet
0 75 150 300
1:2,400
450
RZN-2023-0006
EXHIBIT 'A'
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NANTUCKET-DINORTH
Zone
Current
Proposed
NC
0.48 ac
0.00 ac
RI-U
0.00 ac
0.48 ac
Total 0.48 ac
RZN-2023-0006
EXHIBIT `B'
SURVEY D..E�CRIPTIQN.
A PART OF THE NORTHEAST QUARTER (NE 1 /4 ) GE THE NORTHWEST
QUARTER (NW- i4) OF SECTION TWENTY --TWO (22), -TOWNSHIP
SIXTEEN ('; 8) NORTH RANGE THIRTY (30) VVEST OF THE FIFTH
PRINCIPAL MERIDJAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBI17D AS MI -LOWS: COMMENCING AT THE
NORTHWEST CORNER 0r SAID 40 ACRE TRACT. SAID POINT
FORMERLY OCCUPIED WITH A MAGNETIC NAIL: THENCE S02'37'27"W
713.54 FEET (DEED=711 FEET) ALONG THE WEST LINE OF SAID 40
ACRE TRACT TO THE TRUE POrIN T OF BECINMNIG, SAID POINT SEIN iN
WOOD AVENUE AND FROM WHICH AN EXISTING REFERENCE IRON
SEARS S87" 1 O'08..E 19.79 FEET; THENCE LEAVING THE WEST LINE OF
SAID 4-0 ACRE TRACT, S87' 10'D5"E 209.80 FEET TO AN EXISTING
IRON RECAR; THENCE SC2'23'59 V 100.25 FEET TO AN EXISTING 1 "
OPEN TOP RIPE; THENCE N87' i 8'35" Vi 210.19 FEET TO A PAINT ON
THE WEST LINE OF SAID 40 ACRE TRACT, SAID POINT BEING IN
WOOD AVENUE .AND FROM WHICH AN EXISTING 7 " OPEN TOP PIPE
AFARS 9, R716'35"F 2.0.72 FEE'f: THENCE NO2`37'27"F 100.65 FFF-T
11;,.ONG, THE WEST 1_,INF OF SAID 40 ACRF TRACT TO IHF POINT OF
8 .GINN:NIG, "ONIAININO; 0.48 ACRES, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
04/18/2023 11:54:57 AM
and recorded in Real Estate
File Number 2023-00009528
Kyle Sylvester- Circuit Clerk
by
CITY OF
Pow,
FAYETTEVILLE
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: Gretchen Harrison, Planner
DATE:
CITY COUNCIL MEMO
2023-548
SUBJECT: RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA
OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is
zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48
acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -
URBAN.
RECOMMENDATION:
City 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 in south Fayetteville on the east side of Wood Avenue about 300 feet north of the
street's intersection with McClinton Street. The property contains one parcel totaling 0.48 acres and is currently
developed with one single-family dwelling which Washington County records indicate was built in 1956. The
property lies within the Walker Park Neighborhood Master Plan area and received its current zoning
designation of NC, Neighborhood Conservation, as a result of that plan in 2008.
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment regarding this request.
Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be
compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature,
varying in both form and density. When compared to the property's current zoning designation of NC,
Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right.
While NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family
dwellings with no stated density limitation. Since the subject property is directly adjacent to single-family
dwellings, duplexes, and a multi -family dwelling, the land uses allowed by right in RI-U would be directly
compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational
facilities, limited businesses, and multi -family dwellings, may also be suitable on this site, though any land uses
allowed conditionally would be subject to further review to determine full compatibility.
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use
map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of
residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI-
U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close
to the street and by reducing the visual impact of parking areas. The property has a relatively high weighted
infill score of 7, indicating that it is likely a suitable location for infill. Since hydric soils are present on site, more
information will be needed at the time of development proposal to determine whether wetlands are present.
Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging
appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park
Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and
housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the
community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable
development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would
enable residents to remain in the Walker Park neighborhood as their housing needs change.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following
elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (six-inch main, S. Wood Ave.)
• Near Water Main (12-inch main, S. Wood Ave.)
• Near City Park (Jefferson Park, Walker Park)
• Near Paved Trail (E. MLK Jr. Blvd., E. 15th St.)
• Near ORT Bus Stop (Route 20)
• Within Walker Park Master Plan Area
DISCUSSION:
At the March 13, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council
with a recommendation of approval. Commissioner Winston made the motion and Commissioner Canada
seconded. Commissioner Madden expressed concerns about spot zoning properties from NC to RI-U in the
Walker Park neighborhood and stated that the neighborhood plan may need to be updated. Commissioners
otherwise found the requested rezoning to be appropriate and offered little comment on the item. No members of
the public spoke at the meeting.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Legal Memo - Spot Zoning
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 #: 2023-548
RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA
OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is zoned
NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 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
23-006 LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.48
ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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
2023-548
Item ID
4/4/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 3/17/2023 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property
located at 920 S. WOOD AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.48 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Previous Ordinance or Resolution #
Approval Date:
V20221130
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: March 13, 2023 (Updated with results)
SUBJECT: RZN-2023-0006: Rezone (920 S. WOOD AVE./MAHONEY, 563):
Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD
AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.48 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0006 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0006 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in south Fayetteville on the east side of Wood Avenue about 300 feet
north of the street's intersection with McClinton Street. The property contains one parcel totaling
0.48 acres and is currently developed with one single-family dwelling which Washington County
records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master
Plan area and received its current zoning designation of NC, Neighborhood Conservation, as a
result of that plan in 2008. Surrounding land uses and zoning are listed in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-18, Residential Multi -Family, 18 Units per Acre
South
Single -Family Residential
NC, Neighborhood Conservation
East
Single -Family Residential
NC, Neighborhood Conservation
West
Single- and Two -Family Residential
NC, Neighborhood Conservation
Request: The request is to rezone the subject property from NC, Neighborhood Conservation to
RI-U, Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment regarding this request.
INFRASTRUCTURE:
Streets: The subject property has frontage along Wood Avenue, a partially -improved
Residential Link street with asphalt paving and open ditches. Any street
improvements required in this area would be determined at the time of
development proposal.
Water: Public water is available to the subject property. An existing 12-inch water main is
present along the east side of Wood Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present on the west side of Wood Avenue.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or a FEMA-
designated floodplain and no protected streams are present. However, the
property is largely encumbered by hydric soils. Hydric soils are known indicators
of wetlands, though for an area to be classified as wetlands, it may also need other
characteristics such as hydrophytes (plants that grow in water), and shallow water
during parts of the year. Hydric soils can be found across many areas of
Fayetteville, including valleys, floodplains, and open prairies. It's important to
identify these natural resources during development, so when these soils are
identified on a property, further environmental studies will be required at the time
of development. Before permits will be issued for the property a statement/report
from an environmental professional must be provided summarizing the existence
of wetlands on the property. If this statement/report indicates that wetlands may
be present on site, a USACE Determination of Jurisdictional Wetlands will be
required at the time of development submittal. Any additional improvements or
requirements for drainage will be determined at the time of development.
Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is
located approximately 1.4 miles from the fire station with an anticipated drive time
of approximately three minutes using existing streets. The anticipated response
time would be approximately 5.2 minutes. Fire Department response time is
calculated based on the drive time plus one minute for dispatch and 1.2 minutes
for turn -out time. Within the city limits, the Fayetteville Fire Department has a
response time goal of six minutes for an engine and eight minutes for a ladder
truck. Fire apparatus access and fire protection water supplies will be reviewed for
compliance with the Arkansas Fire Prevention Code at the time of development.
Police: The Police Department did not comment on this request.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of NC, Neighborhood
Conservation, requires 20% minimum canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as Residential Neighborhood area. The property is
also located within the Walker Park Neighborhood Master Plan area.
Residential Neighborhood areas are primarily residential in nature and support a wide variety
of housing types of appropriate scale and context. Residential Neighborhood encourages highly
connected, compact blocks with gridded street patterns and reduced building setbacks. It also
encourages traditional neighborhood development that incorporates low -intensity non-residential
uses intended to serve the surrounding neighborhoods. This designation recognizes the existing
conventional subdivision developments that may have large blocks with conventional setbacks
and development patterns that respond to features of the natural environment.
The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was
completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in
the plan which include maintaining a balance of uses and housing, emphasizing connectivity and
walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible
greenspace throughout the neighborhood.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site
with a weighted score of 8. The following elements of the matrix contribute to the score:
• 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.)
• Near Sewer Main (six-inch main, S. Wood Ave.)
• Near Water Main (12-inch main, S. Wood Ave.)
• Near City Park (Jefferson Park, Walker Park)
• Near Paved Trail (E. MLK Jr. Blvd., E. 15t" St.)
• Near ORT Bus Stop (Route 20)
• Within Walker Park Master Plan 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.
Finding: Land Use Compatibility. Staff finds the proposed zoning of RI-U, Residential
Intermediate -Urban, to be compatible with the surrounding area. Land uses
in the immediate vicinity are primarily residential in nature, varying in both
form and density. When compared to the property's current zoning
designation of NC, Neighborhood Conservation, RI-U would allow for a
greater variety of residential uses and densities by right. While NC allows
single-family dwellings at a density of 10 units per acre, RI-U would allow
single- to four -family dwellings with no stated density limitation. Since the
subject property is directly adjacent to single-family dwellings, duplexes,
and a multi -family dwelling, the land uses allowed by right in RI-U would be
directly compatible with the surrounding area. Uses allowed conditionally in
RI-U, including cultural and recreational facilities, limited businesses, and
multi -family dwellings, may also be suitable at this site, though any land
uses allowed conditionally would be subject to further review to determine
full compatibility.
Land Use Plan Analysis: Staff finds that the proposed zoning is consistent
with the property's Future Land Use map designation as a Residential
Neighborhood area. The RI-U zoning district would allow for a mixture of
residential densities in an urban form. If the property were to be redeveloped
or subdivided, staff finds that RI-U could encourage an environment that is
appealing to pedestrians by requiring buildings to be located close to the
street and by reducing the visual impact of parking areas. The property has
a relatively high weighted infill score of 8, indicating that it is likely a suitable
location for infill. Since hydric soils are present on site, more information
will be needed at the time of development proposal to determine whether
wetlands are present. Regarding City Plan 2040, staff finds that a rezoning
to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an
area that is highly walkable and near transit routes. With regard to the Walker
Park Neighborhood Master Plan, a rezoning to RI-U could support the
guiding principle of balancing uses and housing. Per the plan, ensuring a
balance of uses and housing contributes to the overall sustainability of the
community by reducing the number of vehicle trips needed, and smaller lot
sizes exemplify a more sustainable development pattern than conventional
subdivisions. Also, the variety of housing types permitted in RI-U would
enable residents to remain in the Walker Park neighborhood as their housing
needs change.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that the proposed rezoning from NC to RI-U is justified. Rezoning
to RI-U would allow for housing types and densities that are comparable to
the existing development pattern in the area and consistent with the City's
planning policies and objectives.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that rezoning the property to RI-U has the potential to increase
traffic along Wood Avenue. However, the size of the property will naturally
limit the scale of any future development and thus reduce any possible
impacts on traffic danger or congestion. Any street improvements required
in this area would be determined at the time of development proposal.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from NC to RI-U has the potential to increase
population density when considering there is no density limitation
associated with the RI-U zoning district. However, staff finds that a rezoning
is not likely to undesirably increase the load on public services. The property
is near existing water and sanitary sewer infrastructure and is close to other
public services. Fayetteville Public Schools did not comment on this
request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted under
its existing zoning classifications;
There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the proposed
zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN-2023-0006 to the City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: March 13, 2023 O Tabled O Forwarded O Denied
with a
Motion: Winston recommendation of
approval
Second:Canada
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
ATTACHMENTS:
• Unified Development Code:
o §161.12 — District RI-U, Residential Intermediate - Urban
o §161.29 — Neighborhood Conservation
• Request Letter
• Walker Park Neighborhood Illustrative Plan
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
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 centerline
Uses
Two 2 Family
Uses
of an alley
A build -to zone that is located
None
5 feet
5 feet
12 feet
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.
(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 , §§l (Exh. C), 2, 4-20-21)
161.29 Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(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 9
Two 2 family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
Center for collecting recyclable materials
Unit 36
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
All dwelling types 140 feet
(2) Lot Area Minimum. 4,000 square feet
(E) Setback Regulations.
Front
A build -to zone that is located between
the front property line and a line 25 feet
from the front property line.
Side
5 feet
Rear
5 feet
Rear, from center line of an alley
12 feet
(F) Building Height Regulations.
Building Height Maximum 1 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; 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, 7-9, 1-17-17; Ord.
No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections
ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty
(20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this
ordinance to repeal this sunset, repeal and termination section."
I would like to rezone this property to an RI-U zoning in order to split into 4 lots. Currently an
old 504 sq ft home sits on 0.48 +/- acres. The home is tiny and is in need of major renovations.
The best and highest use of this large lot that is a 20 minute walk to downtown and similar
distance to grocery stores, dining and the public library would be to offer the opportunity to
develop further into more housing opportunity. There is currently an 8 unit condominium
building on the northside of the property and a single family residential rental home to the
south. The property is in South Fayetteville one mile to the historic square and in an area where
a mix of zoning exists offering multi family housing, condos, a smaller home neighborhood, row
homes, and even some tiny homes to provide density to this downtown area. I do not think that
allowing 4 smaller lots to be made from this almost half acre lot will change the fabric of this
neighborhood as it is close proximity to very similar sized lots.
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WALKER PARK NEIGHBORHOOD
-ILLUSTRATIVE MASTER PLAN
FAYETTEVILLE, ARKANSAS
SEPTEMBER 2007
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DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
Kit Williams
TO:
Planning Commission
CityArinr„ey
Blake Pennington
CC:
Jessie Masters, Development Review Mana
Assistant City Attorney
Jodi Barker
FROM:
Blake Pennington, Assistant City Atto
Paralegal
DATE:
March 14, 2023
RE:
Spot Zoning
Spot zoning is an issue that arises in your discussions occasionally on rezoning
applications.
I want to make sure the Planning Commission's understanding of spot
zoning aligns
with how the Arkansas Supreme Court has defined it.
The Arkansas Supreme Court has recognized a city's "need to maintain
consistent zoning area, and not to set a precedent of spot zoning." Thomas Petroleum
v. West Helena, 310 Ark. 682, 839 S.W. 2d 523, 525 (1992). The Thomas Petroleum
case considered a request to rezone residential property to highway -commercial for
the purpose of constructing a convenience store and service station. Both the
chancery court and the Supreme Court affirmed the West Helena City Council's
denial of the rezoning because "the property was entirely surrounded by a residential
area, and ... the residents objected ...."
Spot zoning, by definition, is invalid because it amounts to an arbitrary,
capricious and unreasonable treatment of a limited area within a
particular district. As such, it departs from the comprehensive
treatment or privileges not in harmony with the other use
classi£catio is in the area and without any apparent circumstances
which call for different treatment. Spot zoning almost invariably
involves a single parcel or at least a limited area.' R. Wright and S.
Webber, Land Use (1978). Riddell v. City of Brinkley, 612 S.W. 2d
116, 117 (1981).
(S)pot zoning includes zoning one lot in a manner entirely different
from the surrounding area .... Smith v. City ofLittle Rock, 279 Ark. 4,
648 S.W. 2d 454, 457 (1983).
Spot Zoning
Questions of compatibility and spot zoning are related but can be different.
As interpreted by the Arkansas Supreme Court, spot zoning relates to the
incompatibility of uses. The general issue of compatibility can take into account
more factors than just land use.
In way of example, say an applicant owns a parcel within a neighborhood that
is zoned RSF-4. The applicant seeks to rezone the parcel to RI-U. I do not believe
the courts would find this to be spot zoning because the uses in both RSF-4 and RI-
U are residential in nature. The Planning Commission could recommend approval
of the rezoning finding that the residential uses are compatible and that the rezoning
aligns with the City's goals of infill, discouragement of suburban sprawl, and
providing a variety of housing types. Conversely, the Planning Commission could
deny the rezoning finding that, even though the residential uses are compatible, that
is outweighed by the potential density, bulk and area regulations, and setbacks which
could be incompatible with the surrounding RSF-4. It is my opinion that the Planning
Commission could logically and legally arrive at either decision. If the City Council
were to grant or deny the application for the same reasons, I do not believe any court
would find that the decision was arbitrary or capricious.
In the rezoning forwarded by the Planning Commission with a
recommendation of approval last night, a rezoning from NC to RI-U would certainly
not be spot zoning.