HomeMy WebLinkAboutOrdinance 66710
21101111211111I3
II IIIII IIIII IIII IIII
Doc ID: 021161940003 Type. REL
Kind: ORDINANCE
o.6/2023 I o03346:52 PM
FeeAmt: $25.00 Page
Washington County, AR
Kyle Sylvester Circuit Cler%k
File2023-0001(260
File Number: 2023-791
113 West Mountain Street
Fayetteville. AR 72701
(479) 575-8323
Ordinance: 6671
ARWHIVti,
REZONING-2023-0013: (1275 N. GREGG AVE./PATHWAY BAPTIST CHURCH, 405):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003
LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.23 ACRES FROM RMF-
24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI -FAMILY, 40
UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the
property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to RMF-40, Residential
Multi -Family, 40 Units Per Acre.
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 June 20, 2023
Page 1
Attest: tj%%111 i r ►►►//"
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Kara Paxton, City Clerk easurer =U: FAYETTEVILLF ;~
RZN-2023-0013 1275 N. GREGG AVE RZN-2023-0013
Close Up View EXHIBIT'A'
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Zone
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Neighborhood Link
RMF-24
2.2
0.0
Unclassified
RMF-40
0.0
2.2
Residential Link
Feet
Hillside -Hilltop Overlay District
0
75 150 300 450
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~ Planning Area
_ ! Fayetteville City Limits
1 .2,400
Total
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CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 20, 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
2023-791
SUBJECT: RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST CHURCH,
405): Submitted by BLEW AND ASSOCIATES for property located at 1275 N. GREGG
AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — 24
UNITS PER ACRE and contains approximately 2.23 acres. The request is to rezone
the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
RECOMMENDATION:
City Planning staff and the Planning Commission recommend approval of a request to rezone the subject
property as described and shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located on the west side of Gregg Avenue, approximately 650 feet north of the street's
intersection with North Street. The property contains a portion of one parcel totaling 2.23 acres which currently
serves as the site of Central Baptist Church. The property is zoned RMF-24, Residential Multi -Family — 24
Units per Acre and is partially located within the Hillside/Hilltop Overlay District. The remainder of the property
was recently rezoned from RMF-24 to RMF-40, Residential Multi -Family — 40 Units per Acre, on March 21,
2023 (Ord. 6652).
Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family — 24 Units per
Acre to RMF-40, Residential Multi -Family — 40 Units per Acre.
Public Comment: Staff received no public comment on this item.
Land Use Compatibility: Staff finds the proposed rezoning to be compatible with the surrounding area. Land
uses in the immediate vicinity include multi -family residences to the north and south, single-family residences
to the east, and industrial uses to the west. A rezoning from RMF-24 to RMF-40 would not impact the permitted
or conditional uses on this property. Setback requirements and maximum building heights would also remain
unchanged. With regard to bulk and area regulations, a rezoning from RMF-24 to RMF-40 would slightly
decrease lot width and lot area requirements for single- and two-family dwellings, but otherwise, those
regulations would remain largely unchanged. Since the subject property is adjacent to properties that are
currently developed with multi -family residences and/or zoned RMF-40, staff finds that the scale of any
potential development resulting from the proposed rezoning would likely be compatible with the surrounding
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
area. While single-family dwellings are present to the east, they are separated from the subject property by a
high -volume Neighborhood Link street. Based on a simple calculation (not factoring requirements for drainage,
tree preservation, or parking), a rezoning to RMF-40 would allow for 89 total units to be developed on the
subject property where the current RMF-24 zoning would allow for 53 units. Staff finds the increased density
associated with the proposed rezoning to be suitable given the site's proximity to public services and existing
multi -family residential developments.
Land Use Plan Analysis: Staff finds that a rezoning from RMF-24 to RMF-40 could support the property's future
land use designation as City Neighborhood area and Goals 1 and 3 of City Plan 2040 by promoting dense
development near a highly walkable area and logical future transit stops. The property also has a moderate
infill score which indicates that it is likely a suitable location for residential infill.
City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range of 7=9 for this site. The
following elements of the matrix contribute to the score:
• Adequate Fire Response (Station #2, 708 N. Garland Ave.)
• Near Sewer Main (six-inch main, Gregg Avenue)
• Near Water Main (eight -inch main, Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Ave.)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Peak, Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood)
• Sufficient Intersection Density
DISCUSSION:
At the May 22, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with
a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden seconded
it. Commissioners found the requested rezoning to be appropriate at this location with Commissioner Garlock
stating that it would allow for residential infill and density where the City wants it. No public comment was
offered at the meeting.
BUDGET/STAFF IMPACT:
N/A
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 #: 2023-791
RZN-2023-0013: Rezoning (1275 N. GREGG AVEJPATHWAY BAPTIST CHURCH,
405): Submitted by BLEW AND ASSOCIATES for property located at 1275 N. GREGG AVE. in
WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — 24 UNITS PER
ACRE and contains approximately 2.23 acres. The request is to rezone the property to RMF-40,
RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.23
ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40,
RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units
Per Acre to RMF-40, Residential Multi -Family, 40 Units Per Acre.
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
2023-791
Item ID
6/20/2023
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/2/2023 DEVELOPMENT REVIEW (630)
Submitted Date Division / Department
Action Recommendation:
RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW AND
ASSOCIATES for property located at 1275 N. GREGG AVE. in WARD 2. The property is zoned RMF-24, RESIDENTIAL
MULTI -FAMILY— 24 UNITS PER ACRE and contains approximately 2.23 acres. The request is to rezone the property
to RMF-40, RESIDENTIAL MULTI -FAMILY —40 UNITS PER ACRE.
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:
BLEW & ASSOCIATES, PA REXH g TB13
CIVIL ENGINEERS & LAND SURVEYORS
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION
9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT A SET MAG NAIL FOR THE SOUTHEAST CORNER OF SAID FORTY
ACRE TRACT, THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT
N02043'21 "E 350.00',
THENCE LEAVING SAID EAST LINE N87001'36"W 60.51' TO A SET 1/2" REBAR ON THE
WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE; THENCE ALONG SAID
RIGHT-OF-WAY
LINE THE FOLLOWING COURSES: NO2°24'21 "E 19.32' TO A SET 1 /2" REBAR; THENCE
S87035'39"E 24.48' TO A SET 1 /2" REBAR; THENCE N01 °50'19"E 301.06' TO A SET 1 /2"
REBAR,
BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY
LINE N87001'36"W 271.30' TO A SET 1 /2" REBAR; THENCE WITH A CURVE TURNING
TO THE RIGHT
WITH AN ARC LENGTH OF 51.47', WITH A RADIUS OF 3269.75', WITH A CHORD
BEARING AND LENGTH OF N16030'51"E 51.47' TO A FOUND 5/8" REBAR; THENCE
N72055'46"W 100.35'
TO A FOUND 1 /2" CAPPED REBAR "PLS 1005" ; THENCE WITH A CURVE TURNING TO
THE RIGHT WITH AN ARC LENGTH OF 247.81', WITH A RADIUS OF 3369.75', WITH A
CHORD
BEARING AND LENGTH OF N19018'07"E 247.75' TO A FOUND 5/8" CAPPED REBAR
"PLS 1287"; THENCE S87°46'06"E 280.35' TO A SET 1 /2" REBAR ON THE WEST RIGHT-
OF-WAY LINE
OF NORTH GREGG AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE
S01046'40"W 315.94' TO THE POINT OF BEGINNING, CONTAINI','- '"'Al ACRES, MORE
OR LESS. SUBJECT TO
EASEMENTS AND RIGHTS -OF -WAY OF RECORD
3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703
PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83
CITY OF
PowFAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Gretchen Harrison, Planner
MEETING DATE: May 22, 2023 (Updated with results)
SUBJECT: RZN-2023-0013: Rezoning (1275 N. GREGG AVE./PATHWAY BAPTIST
CHURCH, 405): Submitted by BLEW AND ASSOCIATES for property
located at 1275 N. GREGG AVE. The property is zoned RMF-24,
RESIDENTIAL MULTI -FAMILY — 24 UNITS PER ACRE and contains
approximately 2.23 acres. The request is to rezone the property to RMF-
40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE.
RECOMMENDATION:
Staff recommends forwarding RZN-2023-0013 to City Council with a recommendation of approval
based on the findings herein.
RECOMMENDED MOTION:
`7 move to forward RZN-2023-0013 to City Council with a recommendation of approval."
BACKGROUND:
The subject property is located on the west side of Gregg Avenue, approximately 650 feet north
of the street's intersection with North Street. The property contains a portion of one parcel totaling
2.23 acres which currently serves as the site of Central Baptist Church. The property is zoned
RMF-24, Residential Multi -Family — 24 Units per Acre and is partially located within the
Hillside/Hilltop Overlay District. The remainder of the property was recently rezoned from RMF-
24 to RMF-40, Residential Multi -Family — 40 Units per Acre on April 3, 2023 (Ord. 6652).
Surrounding land uses and zoning are depicted in Table 1.
Table 1:
Surrounding Land Uses and Zoning
Direction
Land Use
Zoning
North
Multi -Family Residential
RMF-24, Residential Multi -Family — 24 Units per Acre
South
Multi -Family Residential
RMF-40, Residential Multi -Family — 40 Units per Acre
East
Single -Family Residential
RSF-4, Residential Single -Family — 4 Units per Acre
West
Industrial; Multi -Family Residential
1-1, Heavy Commercial and Light Industrial;
RMF-24, Residential Multi -Family — 24 Units per Acre
Request: The request is to rezone the subject property from RMF-24, Residential Multi -Family —
24 Units per Acre to RMF-40, Residential Multi -Family — 40 Units per Acre.
Public Comment: To date, staff has not received any public comment regarding this request.
INFRASTRUCTURE AND ENVIRONMENTAL REVIEW:
Streets: The subject property has frontage along Gregg Avenue, a fully -improved
Neighborhood Link street with asphalt paving, curb and gutter, and sidewalk. 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 eight -inch water main
is present along the west side of Gregg Avenue.
Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main
is present in the center of Gregg Avenue.
Drainage: No portion of the property lies within a FEMA-designated floodplain and no
protected streams or hydric soils are present. However, a small portion of the
property is located within the Hillside/Hilltop Overlay District. Engineered footing
designs and grading, erosion control, and abbreviated tree preservation plans will
be required at the time of building permit submittal if any development is proposed
within that overlay district. Any additional improvements or requirements for
drainage would be determined at the time of development proposal.
Fire: Station 2, located at 708 N. Garland Ave., protects this site. The property is located
approximately one mile 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 RMF-40, Residential Multi -Family — 40 Units per
Acre requires 20% minimum canopy preservation. The current zoning district of
RMF-24, Residential Multi -Family — 24 Units per Acre, requires 20% minimum
canopy preservation.
CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates
the property within the proposed rezone as City Neighborhood area.
City Neighborhood areas are more densely developed than residential neighborhood areas and
provide a varying mix of nonresidential and residential uses. This designation supports the widest
spectrum of uses and encourages density in all housing types, from single family to multi -family.
City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-
residential uses are intended to serve the residents of Fayetteville, rather than a regional
population. While they encourage dense development patterns, they do recognize existing
conventional strip commercial developments and their potential for future redevelopment in a
more efficient urban layout.
CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 7-9 for
this site with a weighted score of 12 at the highest level. The following elements of the matrix
contribute to this score:
• Adequate Fire Response (Station #2, 708 N. Garland Ave.)
• Near Sewer Main (six-inch main, Gregg Avenue)
• Near Water Main (eight -inch main, Gregg Avenue)
• Near Grocery Store (Harps, 1189 N. Garland Ave.)
• Near City Park (Wilson Park, Gregory Park)
• Near Paved Trail (Scull Creek Trail)
• Near Razorback Bus Stop (Route 26 Peak, Leverett Avenue)
• Appropriate Future Land Use (City Neighborhood)
• Sufficient Intersection Density
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 rezoning to be compatible
with the surrounding area. Land uses in the immediate vicinity include multi-
family residences to the north and south, single-family residences to the
east, and industrial uses to the west. A rezoning from RMF-24 to RMF-40
would not impact the permitted or conditional uses on this property. Setback
requirements and maximum building heights would also remain unchanged.
With regard to bulk and area regulations, a rezoning from RMF-24 to RMF-40
would slightly decrease lot width and lot area requirements for single- and
two-family dwellings, but otherwise, those regulations would remain largely
unchanged. Since the subject property is adjacent to properties that are
currently developed with multi -family residences and/or zoned RMF-40, staff
finds that the scale of any potential development resulting from the
proposed rezoning would likely be compatible with the surrounding area.
While single-family dwellings are present to the east, they are separated from
the subject property by a high -volume Neighborhood Link street. Based on
a simple calculation (not factoring requirements for drainage, tree
preservation, or parking), a rezoning to RMF-40 would allow for 89 total units
to be developed on the subject property where the current RMF-24 zoning
would allow for 53 units. Staff finds the increased density associated with
the proposed rezoning to be suitable given the site's proximity to public
services and existing multi -family residential developments.
Land Use Plan Analysis: Staff finds that a rezoning from RMF-24 to RMF-40
could support the property's future land use designation as City
Neighborhood area and Goals 1 and 3 of City Plan 2040 by promoting dense
development near a highly walkable area and logical future transit stops. The
property has a high weighted infill score of 12, indicating that it is likely a
suitable location for residential infill.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Staff finds that there is sufficient justification for rezoning the property from
RMF-24 to RMF-40. A rezoning to RMF-40 could promote increased density
at a site that is near many public services and nonresidential uses which
would be aligned with the City's future land use and zoning plans and
consistent with the existing development pattern in the area.
3. A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Staff finds that a rezoning from RMF-24 to RMF-40 has the potential to
increase traffic at this location, though the impact is not expected to
appreciably increase traffic danger or congestion. However, average daily
traffic counts along Gregg Avenue exceed the designed service capacity for
Neighborhood Link streets which is 6,000 vehicle trips per day. The
Arkansas Department of Transportation recorded an average daily traffic
count of 10,000 vehicle trips per day at a point just south of this site in 2022.
Three accidents have been recorded along the property's frontage between
2017 and 2021 with the intersection of Gregg Avenue an North Street,
roughly 350 feet to the south, witnessing much more frequent collisions.
Nearby access to trails and transit stops offer alternative modes of
transportation that may help offset vehicular traffic impacts associated with
an increase in the number of dwelling units permitted at this location.
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 RMF-24 to RMF-40 has the potential to increase
population density at this location, though impacts on public services are
not expected to be significant. The site has access to public water and sewer
mains and any necessary upgrades to those lines would be determined at
the time of development review. 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 forwarding RZN-2023-0013 to City
Council with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES
Date: May 22, 2023 O Tabled
Motion: Garlock
ISecond: Madden
Vote: 9-0-0
BUDGET/STAFF IMPACT:
None
® Forwarded O Denied
with a recommendation
of approval.
ATTACHMENTS:
• Unified Development Code:
o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units
Per Acre
o §161.17 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre
• Request Letter
• One Mile Map
• Close -Up Map
• Current Land Use Map
• Future Land Use Map
161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre
(A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a
variety of dwelling types in suitable environments in a variety of densities.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by conditional use permit
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupations
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre 1 24 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
35 feet
Two-family
35 feet
Three or more
1 70 feet
Professional offices
1 100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
3,000 square feet
Two 2 family
4,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
2 acres
Professional offices
1 acres
(3) Land Area Per Dwelling Unit.
Manufactured Home 1 3,000 square feet
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 1 2 stories/3 stories/5 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building
set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3-09;
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-
13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8,
9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-
21)
161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre
(A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family
development and to encourage additional development of this type where it is desirable.
(B) Uses.
(1) Permitted Uses.
Unit 1
City-wide uses by right
Unit 8
Single-family dwellings
Unit 9
Two-family dwellings
Unit 10
Three 3 and four 4 family dwellings
Unit 26
Multi -family dwellings
Unit 41
Accessory dwellings
Unit 44
Cluster Housing Development
Unit 46
Short-term rentals
(2) Conditional Uses.
Unit 2
City-wide uses by CUP
Unit 3
Public protection and utility facilities
Unit 4
Cultural and recreational facilities
Unit 5
Government facilities
Unit 11
Manufactured home park
Unit 12a
Limited business
Unit 24
Home occupation
Unit 25
Professional offices
Unit 36
Wireless communications facilities
(C) Density.
Units per acre Fort 40 or less
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
Manufactured home park
100 feet
Lot within a Manufactured home
park
50 feet
Single-family
30 feet
Two 2 family
30 feet
Three or more
70 feet
Professional offices
100 feet
(2) Lot Area Minimum.
Manufactured home park
3 acres
Lot within a mobile home park
4,200 square feet
Townhouses: Individual lot
2,000 square feet
Single-family
2,500 square feet
Two 2 family
3,000 square feet
Three 3 or more
7,000 square feet
Fraternity or Sorority
1 acre
(3) Land Area Per Dwelling Unit.
Manufactured Home 3,000 square feet
Fraternity of Sorority 500 square feet per resident
(E) Setback Requirements.
Front
Side Other
Side Single
Rear Other
Rear Single
Uses
& Two (2)
Uses
Family
Family
A build -to zone that is
8 feet
5 feet
20 feet
5 feet
located between the front
property line and a line 25
feet from the front property
line.
(F) Building Height Regulations.
Building Height Maximum 1 2 stories/3 stories/5 stories*
A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from
the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building
set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories.
If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall
have an additional setback from any side boundary line of an adjacent single family district. The amount of
additional setback for the portion of the building over two (2) stories shall be equal to the difference between the
total height of that portion of the building, and two (2) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground
mounted solar energy systems shall not be considered buildings.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991,
§160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09;
Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-
14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015
, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20-21)
' Civil Engineers Professional Land Surveyors Blew n. /kssociates, P.A.
April 12, 2023
To Whom It May Concern,
Rezone
3825 N Shiloh Dr.
Fayetteville, Arkansas 72703
479-443-4506
Fax 582-1883
Our Client, Pathway Baptist Church, is requesting to rezone a part of the property
at 1275 North Gregg Avenue in Fayetteville. Part of the property has already received
rezoning approval from RMF-24 to RMF-40 and now we are requesting that the entire
property be rezoned to RMF-40. Our client have decided to not go through with the lot
split that had previously been approved and keep the whole property as one.
The area in question is approximately 2.231 acres in size, and currently has an existing
structure and asphalt parking. Fayetteville's General Reference GIS map shows this
location, and adjacent properties to the north and the south as "City Neighborhood" under
the Future Land Use (2040) layer.
If you have any additional questions or comments, feel free to contact our office.
Sincerely,
Nikki Littrell
Senior Project Coordinator
Blew & Associates, P.A.
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Washington County, AR
I certify this instrument was filed on
07/06/2023 03:46:52 PM
and recorded in Real Estate
File Number 2023-00017260
Kyle Sylvester - Circuit Clerk
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by_..... .