HomeMy WebLinkAboutOrdinance 6665:ry
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6665
File Number: 2023-711
REZONE-2023-0010: (1746 N. OLD WIRE ROAD. / PERRY, 369):
I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 021116540003 Type: REL
Kind: ORDINANCE
Recorded: 06/05/2023 at 04:07:52 PM
Fee Amt: $26.00 page 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk ii ((��
File2O2 3-00014 1 65
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN-2023-010
LOCATED AT 1746 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 1.06 ACRES FROM RSF-
4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION
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, Four Units Per Acre to NC, Neighborhood
Conservation.
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 May 16, 2023
Page 1
Attest:
RK Irr�'�ifzf
...�.°� CITY
Kara Paxton, City ClerkYreasurer
Nc-
RZN-2023-0010 1746 N. OLD WIRE RD RZN-2023-0010
EXHIBIT "A"
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Unclassified
Residential Link
Trail (Proposed)
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! _ _ Fayetteville City Limits
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BROADVIEW DR
Feet
0 75 150 300
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450 600
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Zone Current Proposed
RSF-4 1.0 ac 0.0 ac
NC 0.0 ac 1.0 ac
Total 1.0 ac
RZN-2023-0010
EXHIBIT "B"
PREVIOUS PARCEL,5765.13429-OM:
A PARTOF THE SOUTHEAST' QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUART'E'R OF SECTION 3, TOWNSHIP 16 NORTH- TLANG£ 30 WEST,
WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87=13�3'W I1`40.87 AND NO2°5T1 !'E 242 O(r FRpL1 THE
SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHFAST QUARTER AND RUNNING THENCE N97° IT 16"W 418,. (Y TO THE EAST" kLGHT-OF-IYAY OF NORTH OLD WIRE ROAD, THLNC E
ALONG SAIL)kIGHT-OF-WAY N39^0728'E 155.16'.'FHENCE LEAVING SAID RIG]iT-OF-WAY 56T12'16"$ 326.5]'-H7TIIF WEST LINE DF COTTAGES Al OLD WIRE SUBDIVISION. AS PER T1TE F[NAL PLAT
THEREOF FILtb IN IMK 24A ATPAGE 38. THENCEALONG SAID WEST SUBDIVISION I.INESD2°5Ti t-W 05.09 TO THE POINT OF BEGINNING, CONT'AINiNG 1 06ACRFS, NIMEOR LESS. SUBJECT TO THAT
PORTION IN NORTH OLD WIRE ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF
RECORD.
A DIU S"k ED PA RCEL 1<765.13429.000:
A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND APART OF THE SOUFFI WEST QUARTER OF THE SOUTHEAST QUARTER OF SEC7IGN 3, TOWNSHIP 16 NORTH, RANGE 30 W EST
WASFINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT: COMMENCING ATTHE SCHJTHF.AST CORNEROF THE SOUTHEASTQUARTEROFSAIL) SOUTHEAST
QUA RI ER AND RUNNING 1 k IE1JC'E N87° E 3^-3" W I D-W 1'O TH E T RU E POINT OF BEGINNING AND RUNNING THENCE N87' 12' 16"W 408.21Y TO THE
EAST RIGHT-OF-WAY OF NORTH OLD WIkF1 ROAD, THENCE ALONG SAID RIGHT-OF-WAYN39'0728'E 155.16, THENCE LEAVING SAID RIGHT-OF-WAY S87'1T16"E 316.6Y.THENCE S02"57I I"W 125.0V TO
THE PO1 NI' OF moi NNING, CONTAINING I.UI ACRES MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH OLD 1VTRF ROAD MASTFR STRFFC PI AN RIGHT-OF-W A Y (IN THE WFSf SI DF OF HF R FIN
DESCRi BED TRACT AND SU BJEC T TG AL L OTH ER EASE MENTS AND RIG HTS-OF-WA Y OF RECORD.
PR E V IOUS PA RCE L a 759.29570-W
LOT 35, COTTAGES AT OLD W IRE, A SUBL][ VISION TO THE CITY OF FAYETTEVILLE- AKANSAS. AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX4)FFICI0 OF WASHINGTON COUNTY
ARKANSAS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD.
ADJUSTED PARCEL 4759-29570-OW:
ALL OF LOT 35. COTTAGES AT OI.D WIRE. A 5UJ3D1V1 SION TO I"HE CITY OF FAY CFI"EVILLE, ARKANSAS. AND ALSO A PART OF THE SOUTHEAST QUARTER OF THE SOLf1HFAST QUARTER OF SEC -If ON 3,
TOWNSHIP 16 NORTH, RANG£ 30 WEST, WASHI NOTON COO NT'Y, ARKANSAS. ALL BEING MORE PARTI CDLA R L V f)F.SCR I RED AS FOLLOWS. To mrr 11161NNJ NG X1 AN 5XI STT NC, I?E RAR MAR NG THE
SOUTH WEST CORNER OF SAID LOT 35. SAID POINT BEING NE7D13'23"W 1049,85' AND NO2'571 F•E 2&F.O7 FROM THE SOUTHEAST CORNER OF THE SOLJ7'HEAST QUARTER OF SAID SOUTHEAST QUARTER
AND RUNNFNG THENCE 1902D571 I'E 27.93, THENCE N97' 12'16"W 10.DO', THENCE NO2'5TI I "E 125.(Kr. THENCE S87"12,16'E I0-W, THENCE S(0571I'W 25.55' TO AN EXISTING REBAR, THENCE S97'OT34"E 50.11'
TO AN Fx[STING RERA R. TI IF.Nf. F S6H°[}R'45'W 17101' TC) -1'HF NORTH It lfHI'-OF-WA YOF FAST ADFI.A ID I.AN F. THFNCF AXING SHED RIGPIT-OF-WAY N87133'13'W 49.68'TO THE POINT OF BEGINNING,
CONTAINING 0.17 ACRES, MORE. OR LESS. SUBJECT TO THAT PURT'ION IN EAST ADELAI DE LANE MASTFR STREET PLAN RIGHT-OF-WAY ON FI If' SIX 1TH SIDE OF HER El UF'SC RI BTU TRACT"AND SO BJE.C'T
TO ALL OTHER EASE MtNI'S AND RIGHTS -OF -WAY OF RECORD.
Washington county, AR
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and recorded in Reai Estate
File urlvestef - ciccu t cle k
Kyie Sy
CITY OF
W41iFAYETTEVILLE
ARKANSAS
MEETING OF MAY 16, 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
2023-711
SUBJECT: RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by
BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD in WARD 3. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE
and contains approximately 1.06 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
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 east Fayetteville, approximately 1/3 of a mile northeast of the intersection of N. Old
Wire Rd. and N. Mission Blvd. The parcel is currently built out with a 1,703 square foot single family residence
constructed in 1979 per the Washington County Assessor. FEMA flood plain/floodway covers roughly the
western half of the parcel, including portions of the existing home. The estimated Niokaska Creek streamside
protection zone covers a portion of the northwest corner adjacent to the existing driveway.
Request: The request is to rezone the parcel from RSF-4, Residential Single -Family, 4 Units per Acre zoning
district to NC, Neighborhood Conservation.
Public Comment: No public comments were received prior to planning commission. One member of the public
spoke at the meeting, a summary of which is included below.
Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Neighboring
properties are of a variety of sizes but generally follow a mix of lot -and -block and cul-de-sac development
patterns. The RSF-4 and NC districts have similar allowed uses. When compared to RSF-4, rezoning to NC
will decrease the required lot area of single and two-family uses from 8,000 square feet and 12,000 square
feet, respectively, to 4,000 square feet. In addition, NC would have a build -to zone of 25 feet rather than a front
setback of 15 feet, and a rear setback of 5 feet rather than 15 feet.
The subject property contains 1.06 acres. Under current entitlements, RSF-4 would allow a maximum of four
(4) units, while NC would increase the allowable density to eleven (11) units. That said, staff notes that almost
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
0.5 acres are subject to FEMA regulations, substantially limiting the developable area of the parcel and that
any future development would be further limited by minimum parking requirements, tree preservation,
drainage, and access management standards. NC requires a 40-foot lot width minimum while RSF-4 requires
a 70-foot lot width minimum for single-family dwellings and an 80-foot lot width minimum for two-family
dwellings. Conversely, both NC and RSF-4 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 RSF-4 to NC serves to contribute towards the following
City Plan 2040 goals:
• #1 "We will make appropriate infill and revitalization our highest priority,"
• #2 "We will discourage suburban sprawl,"
• #3 "We will make compact, complete, and connected development the standard," and
• #6 "We will create opportunities for attainable housing."
The Future Land Use Map designates the site as split between "Residential Neighborhood" - 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, and "Natural Area" - a designation which
promotes conservation of open space and areas of significant riparian benefit. Staff finds that promotion of infill
and density as designated by the "Residential Neighborhood" designation is likely best facilitated by the flexible
regulations in NC zoning and is justified given the property's proximity to city services including schools, parks,
and trails and the existing NC residential development. Allowing development adjacent to the existing
neighborhood in an infill location minimizes the need for the construction of additional municipal infrastructure
such as water, sewer, and roads, which could aid in lowering the overall development cost and improving housing
affordability. Adding housing near the city center rather than the edges further reduces strain on city services and
discourages sprawl development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5=6 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd.)
• Near Sewer Main (8" sewer main, E Adelaide Ln.)
• Near Water Main (8" water main, N. Old Wire Rd.)
• Near Public School (Root Elementary School)
• Near City Park (Clarence Craft Park)
• Near Paved Trail (N. Old Wire Rd. Side Path)
DISCUSSION:
At the April 24, 2023 Planning Commission meeting, a vote of 8-0-1 forwarded the request to City Council with
a recommendation of approval. Commissioner Brink made the motion and Commissioner Winston seconded.
Commissioner McGetrick recused for this item. Commissioners in favor of the rezoning found the proposed
district to be compatible with the surrounding neighborhoods. One member of the public spoke during the
meeting, citing anticipated compatibility with the existing Buffington neighborhood and the recent POA decision
by 75% of residents to expand the POA to encompass additional homes.
BUDGET/STAFF IMPACT:
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
NA
ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
® City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2023-711
RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by
BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD in WARD 3. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and
contains approximately 1.06 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN-
2023-010 LOCATED AT 1746 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY
1.06 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NC,
NEIGHBORHOOD CONSERVATION
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, Four
Units Per Acre to NC, Neighborhood Conservation.
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
Jonathan Curth
Submitted By
City of Fayetteville Staff Review Form
2023-711
Item ID
5/16/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
4/28/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by BUFFINGTON HOMES for property
located at 1746 N. OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR
UNITS PER ACRE and contains approximately 1.06 acres. The request is to rezone the property to NC,
NEIGHBORHOOD CONSERVATION.
Account Number
Project Number
Budgeted Item? No
Does item have a direct cost? No
Is a Budget Adjustment attached? No
Budget Impact:
Fund
Project Title
Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Item Cost
Budget Adjustment
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
i
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Donna Wonsower, Planner
MEETING DATE: April 24, 2023 (Updated with results from Planning Commission)
SUBJECT: RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369):
Submitted by BUFFINGTON HOMES for property located at 1746 N. OLD
WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY,
FOUR UNITS PER ACRE and contains approximately 1.06 acres. The
request is to rezone the property to NC, NEIGHBORHOOD
CONSERVATION.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0010 to City Council with a recommendation of
approval.
RECOMMENDED MOTION:
"I move to forward RZN-2023-0010 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is in east Fayetteville, approximately 1/3 of a mile northwest of the
intersection of N. Old Wire Rd. and N. Mission Blvd. The parcel is currently developed with a
1,703 square foot single family residence constructed in 1979 per the Washington County
Assessor. FEMA floodplain/floodway covers roughly the western half of the parcel, including
portions of the existing home. The Niokaska Creek streamside protection zone covers a portion
of the northwest corner adjacent to the existing driveway. Surrounding land uses and zoning is
depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Sing e-Farnily Residential
RSF-4, Residential Single -Family, 4 Units per Acre
South
Single -Family Residential / Park
NC, Neighborhood Conservation / P-1, Institutional
East
Single -Family Residential
NC, Neighborhood Conservation
West
Single -Family Residential
RSF-4, Residential Single -Family, 4 Units per Acre
Request: The request is to rezone the parcel from RSF-4, Residential Single -Family, 4 Units per
Acre zoning district to NC, Neighborhood Conservation.
Public Comment: Staff has not received any public comment on the proposed rezoning.
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 1 of 13
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW
Streets: The subject area has frontage along N. Old Wire Rd. N. Old Wire Rd. is a fully
improved neighborhood link street with asphalt paving, sidewalk, curb and gutter.
Any street improvements required in these areas would be determined at the time
of development proposal. Any additional improvements or requirements for
drainage will be determined at time of development.
Water: Public water is available to the subject area. An existing 8-inch water main is
present on the west side of N. Old Wire Rd.
Sewer: Sanitary Sewer is available to the subject area. An existing 15-inch sewer main is
present on the east side of N. Old Wire Rd.
Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is
located approximately 2.1 miles from the fire station with an anticipated drive time
of approximately 4 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 6 minutes for an engine and 8 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.
A portion of the property lies within a FEMA floodplain. A floodplain development
review will be required at the time of permit or plan submittal. This will restrict the
type of development and impact in flood zones; and may require additional
documentation such as flood studies or elevation certificates depending on the
type of development. If a development impacts a floodplain, those impacts may
require review and approval from FEMA.
A portion of the property lies within a streamside protection zone. Streamside
Protection Zones generally consists of a protected area on each side of a stream
or creek. This "protected area" is meant to preserve woody vegetation and natural
areas along stream corridors to improve/protect stream health. At a minimum, it
will be 50ft wide as measured from the top of bank but depending on the shape
and extents of the floodway, it could be substantially more. Certain construction
activities such as trails and some utilities are allowed in these zones, but in general,
improvements such as parking lots or buildings are prohibited.
A portion of the property contains hydric soils, 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
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 2 of 13
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.
Tree Preservation:
The proposed zoning district of NC, Neighborhood Conservation requires 20%
minimum canopy preservation. The current zoning district of RSF-4, Residential
Single -Family, Four 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 split between Residential Neighborhood and
Natural 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.
Natural Areas consist of lands approximating or reverting to a wilderness conditions, including
those with limited development potential due to topography, hydrology, vegetation or value as an
environmental resource. These resources can include stream and wildlife corridors, as well as
natural hubs and cores, many of which are identified in the generalized enduring green network.
A Natural Area designation would encourage a development pattern that requires conservation
and preservation, prevents degradation of these areas, and would utilize the principles of low
impact development stormwater infrastructure for all developments. Natural Areas are prime
candidates for conservation subdivision design and/or clustered development patterns.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5-6 for this
site, with a weighted score of 6 at the highest. The following elements of the matrix contribute to
the score:
• Adequate Fire Response (Station #5, 2979 N Old Wire Rd
• Near Sewer Main (15" sewer main, N Old Wire Rd.)
• Near Water Main (8" water main, N. Old Wire Rd.)
• Near Public School (Root Elementary School)
• Near City Park (Clarence Craft Park)
• Near Paved Trail (N. Old Wire Rd. Side Path)
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. Neighboring properties are of a variety of sizes but
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 3 of 13
generally follow a cul-de-sac development pattern, except for the adjacent
NC neighborhood to the east and south which follows a more traditional
block pattern. The RSF-4 and NC districts have similar allowed uses. NC
includes urban form build -to -lines rather than traditional setbacks. When
compared to RSF-4, rezoning to NC will decrease the buildable area of the
lot for single and two-family uses from 8,000 sf and 12,000 sf respectively to
4,000 sf. In addition, NC would have a build -to zone of 25' rather than a front
setback of 15', and a rear setback of 5' rather than 15'.
The subject property contains roughly 1.1 acres. Under current entitlements
RSF-4 would allow a maximum of four (4) units, while NC would increase the
allowable density to eleven (11) units. That said, staff notes that almost 0.5
acres is subject to FEMA regulations, substantially limiting the developable
area of the parcel and that any future development would be further limited
by minimum parking requirements, tree preservation, drainage, and access
management standards. NC requires a 40-foot lot width minimum while RSF-
4 requires a 70-ft lot width minimum for single-family dwellings and 80-ft lot
width minimum for two-family dwellings. Conversely, both NC and RSF-4
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 RSF-4 to NC serves to contribute towards the following City
Plan 2040 Goals:
• #1 "We will make appropriate infill and revitalization our highest
priority,"
• #2 "We will discourage suburban sprawl,"
• #3 "We will make compact, complete, and connected development
the standard," and
• #6 "We will create opportunities for attainable housing."
The Future Land Use Map designates the site as split between "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, and Natural
Area- a designation which promotes conservation of open space and areas
of significant riparian benefit. Staff finds that promotion of infill and density
as designated by the "Residential Neighborhood" designation is likely best
facilitated by the flexible regulations in NC zoning and is justified given the
property's proximity to city services and existing NC residential
development. The site scores moderately on the Infill Scoring Matrix due to
water/sewer access, public parks and trails, and the proximity of the nearby
fire station.
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 NC is justified. 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
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Paqe 4 of 13
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 NC has an associated potential to increase traffic at this
location. NC permits development at 10 units per acre where it is currently
limited to 4 units per acre. Staff finds potential to increase the number of
residential units above what is currently allowed by right subject to
constraints such as Floodway/Floodplain, tree preservation requirements,
and other design requirements. Staff finds the increase in density is unlikely
to result in increased traffic danger or congestion. The subject property has
access to N. Old Wire Rd., an improved neighborhood link, and E. Adelaide
Ln., 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 NC 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, and the extensive
Floodway/Floodplain will likely limit development capacity of the site.
Fayetteville Public Schools did not comment on this request.
5. If there are reasons why the proposed zoning should not be approved in view of
considerations under b (1) through (4) above, a determination as to whether the proposed
zoning is justified and/or necessitated by peculiar circumstances such as:
a. It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends approval of RZN-2023-0010.
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 5 of 13
PLANNING COMMISSION ACTION: Required YES
Date: April 24, 2023 O Tabled 771 Forwarded O Denied
Motion: BRINK FORWARD TO CITY COUNCIL WITH RECOMMENDATION OF APPROVAL
Second: WINSTON
(Vote: 8-0-1 (MCGETRICK RECUSED)
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.07 District RSF-4, Residential Single -Family, Four Units per Acre
o §161.29 District NC, Neighborhood Conservation
• Applicant Request Letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 6 of 13
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.
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 7 of 13
Front
Side
Rear
15 feet
5 feet
15 feet
(F) Building Height Regulations.
Building Height Maximum 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 , §§l(Exh. C), 2, 4-20-21)
Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code
sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated,
and become void twenty (20) months after the passage and approval of this ordinance, unless prior
to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination
section."
161.29 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
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
Page 8 of 13
(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
12 feet
an alley
(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,
§§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
April 24, 2023
RZN-2023-0010 (PERRY)
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LETTER OF INTENT
APPLICATION FOR REZONING
Buffington Homes (the "Applicant") on behalf of the Perry's (the "Owners") requests a Rezoning
of the approximately 1.1 acres located at 1746 N Old Wire Road (Parcel Identification Number
765-13429-000) (the Property) from the RS-4 to NC to modify the conditions of zoning pertaining
to the property to allow for construction of two homes on the property.
The adjacent neighborhood, Cottages at Old Wire has long been developed as a Neighborhood
Conservation subdivision. The subject property was an outlying parcel not included in the original
development of the adjacent subdivision. The property owner is ready to sell his property and it
incorporates well into the adjacent neighborhood as it is on the same street. Our request is to
simply bring this parcel into the exisitng neighborhood and assign it the same zoning as the
surrounding parcel. Given the shortage of housing in the City of Fayetteville we feel the highest
and best use of the property is to create additional housing that will fit seamlessly into the
surrounding neighborhood and be constructed in the same style and of a similar size.
For these reasons and because the requested Rezoning is consistent with the surrounding land
uses the Applicant respectfully asks Planning Commission to approve the Rezoning as requested.
Mary McGetrick, Director of Land Development, Buffignton Homes
Planning Commission
April 24, 2023
RZN-2023-0010 (PERRY)
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RZN-2023-0010
One Mile View
R-O / RSF-4
1746 N. OLD WIRE RD
ORTH
0 0.13 0.25 0.5 Miles
Subject Property
' c-t
R-A
NC
i
r
_ r
(N�HORTST
I-2 G...I lna.—I
Neighborhood Link RESIDENTIAL SINGLE-FAMILY EXTRACTION
NS-G E-1
____
RI-u COMMERCIAL
� Regional Link - High Activity ----' .RI-,2 Resltlen,;aFOfiw
NS-L Gi
Unclassified �Rulae "`�aalMrel �`-2
RSF-.s Ica
_ RSFn FORM SAS DISTRICTS
Residential Link RSF-2 Gown —,Core
RSF1 -tl—Th—g—
RSF-] Mein S,reat Cen[er
• - Shared -Use Paved Trail RSF-8 �G n,Own Generel
RSF-18 C i,niry5e„icee
RESIDENTIAL MULTI -FAMILY Neighhorhooa se„ices
— — — Trail (Proposed) V. RMF-8 �Ne;ghhn nnaCnnee„e,ign
�RMF-tz PLANNEDZONING DISTRICTS
Fayetteville City Limits - �RMF-19
- - - - - corerea.nial, ma emal, Resmentla;
Planning Area _ _ RMF-2a INSTITUTIONAL
" Planning Area f i NDUSTRIAL
Fayetteville City Limits �iJ I-, Hoary Common I-d Light ndu—I
annmp ommission
April 24, 2023
RZN-2023-0010 (PERRY)
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RZN-2023-0010
Close Up View
C
Neighborhood Link
Unclassified
Residential Link
Trail (Proposed)
r ' Planning Area
! _ _ Fayetteville City Limits
1746 N. OLD WIRE RD
O
BROADVIEW DR
Feet
0 75 150 300
1:2,400
♦,
P-1
♦
♦
•
•
450
.11
CHARLEE ST
CICERO LN
W
Q
W
Cn
a
NORTH
Zone Current Proposed
RSF-4 1.0 ac 0.0 ac
NC 0.0 ac 1.0 ac
Total 1.0 ac
April 24, 2023
RZN-2023-0010 (PERRY)
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April 24, 2023
RZN-2023-0010 (PERRY)
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