HomeMy WebLinkAboutOrdinance 66550
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6655
File Number: 2023-575
RZN 23-005: REZONING (514 S. WILLOW AVEJ COLLINS, 524):
Doc ID: 023050620003 Type: 'EL
Klnd: ORDINANCE
Recorded: 0A/18/2023 at 11:55: 11 An
Fee Amt: $25.00 Pape I of 3
Kyle Saton County. AR
Kyle Sylvester Circuit Clerk
File2023-00009529
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-005
LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD I FOR APPROXIMATELY 0.25 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.
PASSED and APPROVED on April 4, 2023
Page 1
Attest:
RZN-2023-0005 514 S. WILLOW AVE
Close Up View
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Neighborhood Link
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Residential Link
Hillside -Hilltop Overlay District
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_ Fayetteville City Limits
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Subject Property
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RZN-2023-0005
EXHIBIT "A"
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NORTHI
Zone Current Proposed
NC 0.2 0.0
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0 75 150 300 450 600
1:2,400 1 Total 0.2 ac
RZN-2023-0005
EXHIBIT "B"
Attachment for Rezoning Application for 514 S. Willow Ave.
Legal Description for 514 S. Willow Avenue
PT LOT 45 SW (70/150) Further Described from 2013-33519 AS:
A part of the Southwest Quarter of the Southwest Quarter of Section Fifteen (15)
Township Sixteen (16) North, Range Thirty (30) West described as follows:
Beginning at a point 473.5 feet West and 484.8 feet North of the Southeast corner
of said 40 acre tract, and running thence West 150 feet: thence North 70 feet:
thence East 150 feet: thence South 70 feet to the place of beginning, and being
situated in the City of Fayetteville, County of Washington and State of Arkansas.
Washington County, AR
I certify this instrument was filed on
04/18/2023 11:55:11 AM
and recorded in Real Estate
File Number 2023-00009529
Kyle Sylvester - Circuit Clerk
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: Donna Wonsower, Planner
DATE:
CITY COUNCIL MEMO
2023-575
SUBJECT: RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by
ADAMS COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The
property is zoned NC, NEIGHBROHOOD CONSERVATION and contains
approximately 0.25 acres. The request is to rezone the property to RI-U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits `A' and `B'.
BACKGROUND:
The subject property is in south Fayetteville, roughly 150 feet north of the intersection of E. Martin Luther King
Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood Conservation, totals approximately 0.25
acres, and is developed with a 720-square foot single-family structure, an existing non -conforming garage
partially located on the adjacent property to the north, and an existing non -conforming shed partially located on
the property to the east. No zoning overlays or special regulations apply to the site; however, it is within the
Walker Park Neighborhood master plan area. The site is characterized by hydric soils along the western half
and slopes over 15% across a portion of the rear yard.
Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential
Intermediate -Urban.
Public Comment: Staff has not received any public comment on the proposed rezoning.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses
and densities located near the subject property vary substantially. Neighboring properties are of a variety of
sizes but generally follow a typical lot and block development pattern. The existing and proposed zoning
districts have similar allowable uses, though RI-U has more uses allowed by right. Both the existing and
proposed zoning designations are residential districts with urban form setbacks that are congruent with the
existing pattern in the neighborhood. Since the subject property contains roughly 0.2 acres, a maximum of two
units are permitted under current entitlements, where rezoning to RI-U would remove the density limitation.
That said, any future development would be subject to, and limited by, minimum parking requirements, tree
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
preservation, drainage, and access management standards. NC zoning allows two-family, three and four
family, and cluster housing developments by conditional use where they are allowed by -right in RI-U. Rezoning
to RI-U would reduce side and rear setbacks for non -single and two-family dwelling uses, increasing the
buildable area on site. RI-U requires an 18-foot lot width minimum and no lot area minimum for residential
uses. Conversely, both NC and RI-U include up to a three-story height limit.
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future
land use designation for this location. Rezoning from NC to 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. The site scores moderately on the Infill Scoring Matrix (see below). Because of the flexible
zoning regulations associated with the RI-U district, rezoning may allow for redevelopment or added density
near these services. The Future Land Use Map designates the site as a Residential Neighborhood Area — a
designation which supports a wide variety of housing types of appropriate scale and context, including single-
family, duplexes, rowhouses, multifamily and accessory dwelling units. NC allows only single-family or
accessory dwellings by right, while RI-U is more consistent with future land use plan designation in allowing a
wider variety. Increasing density is likely best facilitated on a site of this size due to the generous regulations in
RI-U zoning and is justified given the property's proximity to adjacent public, commercial and other non-
residential uses.
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:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (6" sewer main, S. Willow Av)
• Near Water Main (6" water main, S. Willow Ave.)
• Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park)
• Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood)
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 Holcomb made the motion and Commissioner Brink
seconded. Commissioner Madden expressed concern over whether the increasing number of rezoning
requests within the Walker Park Neighborhood Plan area indicate a need to approach the neighborhood
holistically rather than as individual zoning requests. The Commission acknowledged the age of the plan and
the possibility of further discussion with long-range planning. Commissioners in favor of the rezoning found RI-
U to be compatible with the existing NC zoning district and to allow for additional infill development.
Commissioners noted the narrowness of the lot and the difficulty of splitting the parcel under current zoning,
and staff confirmed that due to the small size of the lot and density constraints, only two units would be allowed
in the existing NC zoning district even if a conditional use permit was granted for three- or four -family dwelling
units. The Commission did not find the rezoning request to be an example of spot zoning. No members of the
public spoke during the meeting.
BUDGET/STAFF IMPACT:
NA
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
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 #: 2023-575
RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by ADAMS
COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The property is zoned NC,
NEIGHBROHOOD CONSERVATION and contains approximately 0.25 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
23-005 LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD 1 FOR APPROXIMATELY 0.25
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
2023-575
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-2023-0005: Rezoning (514 S WILLOW AVE./ COLLINS, 524): Submitted by ADAMS COLLINS for property located
at 514 S. WILLOW AVE in WARD 1. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains
approximately 0.25 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 T77 -
Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: March 13, 2023 (Updated with results from Planning Commission)
SUBJECT: RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524):
Submitted by ADAMS COLLINS for property located at 514 S. WILLOW
AVE. The property is zoned NC, NEIGHBROHOOD CONSERVATION and
contains approximately 0.25 acres. The request is to rezone the property
to RI-U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0005 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0005 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located in south Fayetteville, roughly 150 feet north of the intersection of
E. Martin Luther King Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood
Conservation, totals approximately 0.25 acres, and is developed with a 720-square foot single-
family structure, an existing non -conforming garage partially located on the adjacent property to
the north, and an existing non -conforming shed partially located on the property to the east. The
applicant intends to remove the non -conforming structures. No zoning overlays or special
regulations apply to the site however it is within the Walker Park Neighborhood master plan area.
The site is characterized by hydric soils along the western half and a roughly 3:1 slope in the rear
yard. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Single-FamilyResidential
NC, Neighborhood Conservation
South
Single -Family Residential
NC, Neighborhood Conservation
East
Undeveloped
NC, Neighborhood Conservation
West
Single -Family Residential / Undeveloped
NC, Neighborhood Conservation
Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U,
Residential Intermediate -Urban.
Public Comment: Staff has not received any public comment on the request.
Planning Commission
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along the west side of S. Willow Ave. S. Willow Ave.
is a partially improved Residential Link Street with asphalt paving, sidewalks on
the east side of the street and curb and gutter. Any street improvements required
in these areas would be determined at the time of development proposal.
Water: Public water is available to the subject area. Existing 6-inch water main is
present on the West side of South Willow Avenue.
Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is
present in the center of South Willow Avenue.
Fire: Station 1, located at 303 W. Center St., protects this site. The property is located
approximately 0.9 miles from the fire station with an anticipated drive time of
approximately 3 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 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 6 minutes for an engine and 8 minutes for a ladder truck. Fire apparatus
access and fire protection water supplies will be reviewed for compliance with the
Arkansas Fire Prevention Code at the time of development.
Police: The Police Department expressed no concerns with this request.
Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a
FEMA floodplain. There are no protected streams present in the subject area.
There are hydric soils present on the site. Hydric soils 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'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 time of development.
Tree Preservation:
The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15%
minimum canopy preservation. The current zoning district of 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 a Residential Neighborhood.
Planning Commission
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 2 of 13
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 PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site,
with a weighted score of 8 at the highest. The following elements of the matrix contribute to the
score:
• Adequate Fire Response (Station #1, 303 W. Center St.)
• Near Sewer Main (6" sewer main, S. Willow Av)
• Near Water Main (6" water main, S. Willow Ave.)
• Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park)
• Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail)
• Near ORT Bus Stop (Route 20)
• Within Master Plan Area (Walker Park Neighborhood)
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Staff finds the request to be compatible with the
surrounding context. Residential uses and densities located near the subject
property vary substantially. Neighboring properties are of a variety of sizes
but generally follow a typical lot and block development pattern. The existing
and proposed zoning districts have similar allowable uses, though RI-U has
more uses allowed by right. Both the existing and proposed zoning
designations are residential districts with urban form setbacks that are
congruent with the existing pattern in the neighborhood. When compared to
NC, rezoning to RI-U will not affect the buildable area of the lot for single and
two-family uses but would increase the permitted buildable area by 5% of the
lot's overall area for other uses. Since the subject property contains roughly
0.2 acres, a maximum of two units are permitted under current entitlements,
where rezoning to RI-U would remove the density limitation. That said, any
future development would be subject to, and limited by, minimum parking
requirements, tree preservation, drainage, and access management
standards. NC zoning allows two-family, three and four family, and cluster
housing developments by conditional use where they are allowed by -right in
RI-U. Rezoning to RI-U would reduce side and rear setbacks for non -single
and two-family dwelling uses, increasing the buildable area on site. RI-U
requires an 18-foot lot width minimum and no lot area minimum for
residential uses. Conversely, both NC and RI-U include up to a three-story
height limit.
Planning Commission
March 13, 2023
RZN-2023-0005(COLLINS)
Page 3 of 13
Land Use Plan Analysis: Staff finds the proposal is consistent with the goals
in City Plan 2040 and the future land use designation for this location.
Rezoning from NC to 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. The site scores moderately on
the Infill Scoring Matrix due to water/sewer access, proximity to multiple city
parks and trails, and access to a nearby ORT bus stop. Because of the
flexible zoning regulations associated with the RI-U district, rezoning may
allow for redevelopment or added density near these services. Additionally,
where only single-family or accessory dwellings are allowed by right in NC,
RI-U encourages more appropriately scaled density in relation to the existing
neighborhood. The Future Land Use Map designates the site as a Residential
Neighborhood Area — a designation which supports support a wide variety
of housing types of appropriate scale and context including single-family,
duplexes, rowhouses, multifamily and accessory dwelling units. Increasing
density is likely best facilitated on a site of this size due to the generous
regulations in RI-U zoning and it is justified given the property's proximity to
commercial and non-residential uses in downtown Fayetteville.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that a rezoning to RI-U is justified. The RI-U zoning regulations
often facilitate development on smaller sites. Rezoning may be less
restrictive in allowing the property to develop under proportional
regulations. Because rezoning will better support infill redevelopment on the
property, staff finds the proposed zoning to be consistent with the City's
future land use goals and therefore needed at this time.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning to RI-U has an associated potential to increase traffic at this
location. NC currently limits density to 10 units per acre, whereas RI-U does
not have a set density requirement. Staff finds, though, the potential to
increase the number of residential units is marginal given the size of the lot
and unlikely to result in increased traffic danger or congestion. The subject
property has access to S. Willow Ave., an improved Residential Link. Future
development would be required to meet the City's applicable access
management and parking standards.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property to RI-U may increase the load on public services, but
the impact is not expected to be detrimental. The size of the property and
access to existing water and sewer infrastructure means future development
will likely avoid the need for costly extensions to services. Fayetteville Public
Schools did not comment on this request.
Planning Commission
March 13, 2023
RZN-2023-0005(COLLINS)
Paqe 4 of 13
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-2023-0005.
PLANNING COMMISSION ACTION: Required YES
Date: March 13, 2023
Motion: HOLCOMB
Second: BRINK
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
O Tabled O Forwarded O Denied
Recommendation of Approval
Attachments:
• Unified Development Code:
o §161.12 District RI-U, Residential Intermediate — Urban
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
• Public Comment
Planning Commission
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 5 of 13
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
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 6 of 13
(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)
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
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 7 of 13
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
12 feet
alley
Planning Commission
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 8 of 13
(F) Building Height Regulations.
Building Height Maximum 13 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."
Planning Commission
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 9 of 13
The request to rezone the property located at 514 S. Willow Avenue from the
current Neighborhood Conservation (NC) to Residential Intermediate Urban (RI-U)
we feel would be compatible with the neighboring property. In reviewing
property in the surrounding area it appears other properties have requested and
received the rezoning from NC to RI-U. This RI-U zoning would be compatible with
the City of Fayetteville's `Future Land Use Map' and the Walker Park
Neighborhood Master Plan. The RI-U zoning would allow for more residential
units than the current zoning based on the size of the lot if that were to be
desired in the future.
Planning Commission
March 13, 2023
RZN-2023-0005(COLLINS)
Page 10 of 13
RZN-2023-0005 514 S. WILLOW AVE
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Uorrinnission
March 13, 2023
RZN-2023-0005(COLLI NS)
Pace 11 of 13
RZN-2023-0005 514 S. WILLOW AVE
Close Up View
Subject Property
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Planning Area 0 75 150 300 450 600
r _ �
_ Fayetteville City Limits :2,400 Total 0.2 ac
March 13, 2023
RZN-2023-0005(COLLI NS)
Page 12 of 13
RZN-2023-0005 514 S. WILLOW AVE
Current Land Use
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r Planning Area
Fayetteville City Limits
_ I Design Overlay District
Z
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Feet
0 112.5 225 450 675 900
1:3,600
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FEMA Flood Hazard Data
100-Year Floodplain
Floodway
March 13, 2023
RZN-2023-0005(COLLI NS)
Pace 13 of 13
a]
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.