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Home My WebLink AboutOrdinance 6713 11►►1►►1 III►I►II I►►II►II►►1 I I►I I►I►I I►►I11 I I►II►1►►►II I II►►III►►III►►1►►I III 1►►I Doc ID: 021402430003 Type: REL Kind: ORDINANCE °'.vn_.E F� Recorded: 12/29/2023 at 12:30:19 PM Fee Amt: $25.00 Page 1 of 3 , A-- Washington County, AR a ;r Kyle Sylvester Circuit Clerk �` ` File2023_00033400 \µ •' „ 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6713 File Number: 2023-1296 REZONING-2023-0029: (533 W.CENTER ST./BRICENO,523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0029 FOR APPROXIMATELY 0.09 ACRES LOCATED AT 533 WEST CENTER STREET IN WARD 2 FROM NC, NEIGHBORHOOD CONSERVATION TO MSC,MAIN STREET CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC,Neighborhood Conservation to MSC,Main Street Center. 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 I. PASSED and APPROVED on December 5,2023 Approved: Attest: ottlimitoi . CO.Y p�, •.(A. wC�L/ •V• •.'" lone d Jordan or Kara Paxton,City rk Treasurer= • l AYL17EViL!. `' %�sy.T. r AN ,P`'.;�'�� G TON;o` ```�` This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas. Amount paid: Page 1 I RZN-2023-0029 533 W. CENTER ST EXHIBIT "A" Close Up View a 9 W Z r-PUTMAWSl �+un rouge irau - �CENTER,'ST RSF-4 R-O I I L MF-24 I — Neighborhood Link — Urban Center Unclassified Alley Residential Link I_= I Design Overlay District ~ Planning Area _ ! Fayetteville City Limits I I I I Subject Property k- 1 1 1 1 1 1 1 1 1 1 1 1 �_I 1 1 1 1 1 I 1 1 RI-U 1 1 1 1 1 1 1 1 Feet 0 75 150 300 1.2,400 MEADOW,ST- W 450 600 �W Q J O O 2 V In I MOUNTAIN ST■ ROCK A& NORTH Zone Current Proposed MSC 0.0 0.1 NC 0.1 0.0 Total 0.1 ac RZN-2023-0029 EXHIBIT `B' Legal Description Legal Description of 533 west center street Fayetteville Arkansas 72701, Washington County Parcel 4 765-01890-000 Legal Description GIS Approved 10/10/2023 SOUTHWEST CORNER BLOCK 22 FURTHER DESCRIBED FROM 2016-12686 AS: Part of Block Twenty Two (22), in the Original Town of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at a point 152 feet 11 1/4 inches West of the Southeast corner of said Block Twenty Two (22), and running thence North 104 feet 6 inches, thence West to the right of way line of the Pacific and great Eastern (Now Frisco) railroad, thence in a Southerly direction along the said right of way to a point due West of the beginning point, thence East to the point of beginning. Washington County,AR I certify this instrument was filed on 12/29/2023 12:30:19 PM and recorded in Real Estate File Number 2023-00033400 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 5, 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 2023-1296 SUBJECT: RZN-2023-0029: Rezoning (533 W. CENTER ST./BRICENO, 523): Submitted by NESTOR BRICENO for property located at 533 W. CENTER ST in WARD 2. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.09 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. 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 a tandem lot with no street frontage located in central Fayetteville within the Cultural Arts Corridor directly east of The Ramble. A steep trail crossing is located directly south of the parcel to the Greenway. The parcel is developed with a 966 square foot single family structure and a 200 accessory dwelling unit, both of which are currently active short-term rentals (ADUs are always permitted as a type 1). The parcel is zoned NC, Neighborhood Conservation, which it received as a result of the downtown master plan city -initiated rezoning in 2006. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to MSC, Main Street Center. Public Comment: Staff received one comment expressing general support for the rezoning. Land Use Compatibility. Staff finds the proposed rezoning from NC to MSC to be compatible with the surrounding area. The intent of the MSC zoning district is to provide "a greater range of uses" while being more "more spatially compact and... more likely to have some attached buildings than Downtown General or Neighborhood Conservation." The parcel is currently a tandem lot, and the applicant has indicated an intent to combine this lot with an adjacent parcel also under their ownership to the north. Staff agrees that the rezoning of this parcel would help facilitate a lot combination and development with the abutting parcel, and finds the requested rezoning to be compatible as the parcel is currently surrounded by MSC on three sides; rezoning the parcel from NC to MSC will create a consistent zoning district within the block. Further, staff finds that the requested rezoning is not likely to result in development that is incompatible with the surrounding area. Four Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 lots abutting the property to the east were recently redeveloped in a townhome style, and the parcel is within a traditional neighborhood block with homes close to the street. By -right development in the MSC zoning district includes a wide range of residential, office, and commercial uses. All lots are required to maintain a minimum width of 18 feet with no lot area requirements. The NC district requires lot widths of 40 feet with lot areas of 4,000 square feet. Land Use Plan Analysis: Despite the subject property receiving its current NC designation as a part of the 2006 Downtown Master Plan, staff finds the proposed MSC rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area. The requested rezoning aligns with many goals of City Plan 2040, but most prominently the encouragement of appropriate infill. The subject property has an exceptionally high number of infill attributes, totaling 13 and including access to numerous services, proximity to a variety of amenities, and access to adequate infrastructure. Similarly, and given the existing MSC zoning designation on three of the four sides of the subject property, staff finds the requested rezoning to be complimentary of the goals to create an active transportation network and compact, complete, and connected development within walking distance of Fayetteville's downtown and the Cultural Arts Corridor. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 13 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score of 13 for this site. • Adequate Fire Response • Near Sewer Main (8-inch, W. Center St.) • Near Water Main (4-inch, W. Center St.) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (The Ramble) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Hillcrest Towers, Fayetteville Library) • Near Razorback Bus Stop (Fayetteville Library) • Sufficient intersection density • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area (Downtown Design Overlay District) DISCUSSION: At the November 13, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Brink seconded. The commissioners cited the high infill score and staff findings in the report as reasons for approval. There was no public comment at the meeting, and no commissioners spoke against the proposed rezoning. BUDGET/STAFF IMPACT: NA ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) 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 #: 2023-1296 RZN-2023-0029: Rezoning (533 W. CENTER ST./BRICENO, 523): Submitted by NESTOR BRICENO for property located at 533 W. CENTER ST in WARD 2. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.09 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023-0029 FOR APPROXIMATELY 0.09 ACRES LOCATED AT 533 WEST CENTER STREET IN WARD 2 FROM NC, NEIGHBORHOOD CONSERVATION TO MSC, MAIN STREET CENTER 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 MSC, Main Street Center. 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 2023-1296 Item ID 12/5/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 11/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0029: Rezoning (533 W. CENTER ST./BRICENO, 523): Submitted by NESTOR BRICENO for property located at 533 W. CENTER ST in WARD 2. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.09 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF WNWFAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: November 13, 2023 (UPDATED WITH MEETING RESULTS) SUBJECT: RZN-2023-0029: Rezoning (533 W. CENTER ST./BRICENO, 523): Submitted by NESTOR BRICENO for property located at 533 W. CENTER ST. The property is zoned INC, NEIGHBORHOOD CONSERVATION and contains approximately 0.09 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends forwarding RZN-2023-0029 to City Council with a recommendation of approval. RECOMMENDED MOTION: "l move to forward RZN-2023-0029 to City Council with a recommendation of approval." BACKGROUND: The subject property is a landlocked parcel located in central Fayetteville within the Cultural Arts Corridor directly west of The Ramble. A steep trail crossing is located directly south of the parcel to the Greenway. The parcel is developed with a 966 square foot single family structure and a 200 square foot accessory dwelling unit, both of which are currently active short-term rentals (ADUs are always permitted as a type 1). The parcel is zoned INC, Neighborhood Conservation, which it received as a result of the downtown master plan city -initiated rezoning in 2006. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single FamilResidential MSC, Main Street Center South Public Trail Connection NC, Neighborhood Conservation East Multi -Family Residential MSC, Main Street Center West Single -Family Residential MSC, Main Street Center Request: The request is to rezone the subject property from NC, Neighborhood Conservation to MSC, Main Street Center. Public Comment: Staff received one phone call expressing general support for the proposed rezoning. INFRASTRUCTURE: Streets: The subject property does not have frontage along W. Center St, a partially improved Urban Center street with asphalt paving, curb and gutter, and sidewalk partially along both sides of the street. 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 four -inch water main is present on the north side of W. Center St. Sewer: Public sanitary sewer is available to the subject property. An existing eight -inch sewer main is present on the north side of W. Center St. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams or hydric soils are present. Any improvements or requirements for drainage would be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.2 miles from the fire station with an anticipated drive time of approximately one minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. 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 MSC, Main Street Center requires 10% 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 City Neighborhood. City Neighborhood areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 13 for this site with a weighted score of 15.5. The following elements of the matrix contribute to the score: • Adequate Fire Response • Near Sewer Main (8-inch, W. Center St.) • Near Water Main (4-inch, W. Center St.) Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 2 of 17 • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (The Ramble) • Near Paved Trail (Razorback Greenway) • Near ORT Bus Stop (Hillcrest Towers, Fayetteville Library) • Near Razorback Bus Stop (Fayetteville Library) • Appropriate Future Land Use (City Neighborhood) • Within Master Plan Area (Downtown Design Overlay District) • 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 from NC to MSC to be compatible with the surrounding area. The intent of the MSC zoning district is to provide "a greater range of uses" while being more "more spatially compact and... more likely to have some attached buildings than Downtown General or Neighborhood Conservation." The parcel in question was rezoned as part of the city -initiated downtown master plan rezoning. The parcel is currently a tandem lot, and the applicant has indicated an intent to combine this lot with an adjacent parcel also under their ownership to the north. Staff agrees that the rezoning of this parcel would help facilitate a future lot combination and development with the abutting parcel. Staff finds the requested rezoning to be compatible as the parcel is currently surrounded by MSC on three sides and rezoning the parcel from NC to MSC will create a consistent block zoning district. Further, staff finds that the requested rezoning is not likely to result in development that is incompatible with the surrounding area. Four lots abutting the property to the west were recently redeveloped in a townhome style, and the parcel is within a traditional neighborhood block with homes close to the street. By -right development in the MSC zoning district includes a wide range of residential, office, and commercial uses. All lots are required to maintain a minimum width of 18 feet with no lot area requirements. The NC district requires lot widths of 40 feet with lot areas of 4,000 square feet. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area. Staff finds that the requested rezoning could align with all goals of City Plan 2040 except Goal #5: We will assemble an enduring green network. Rezoning the property could facilitate the opportunity for dense, mixed -use development within walking distance of Fayetteville's downtown and the Cultural Arts Corridor with available public transit and trails systems nearby. The parcel has an exceptionally high infill score, with a weighted score above 15, and is part of Downtown Fayetteville, a Tier 1 center per City Plan 2040. Staff finds the requested rezoning to be appropriate since it would bring the parcel into alignment with the zoning district currently surrounding the parcel on three sides and would Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 3 of 17 allow development consistent with the Downtown Master Plan, which emphasizes "a superbly walkable environment" and "downtown living." 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that rezoning the subject property to MSC is justified since it would bring the parcel into closer alignment with the goals of adopted city plans. Further, while the parcel currently does not have its own street frontage, rezoning the parcel to match the abutting parcel under the same ownership would also simplify a lot combination which would remediate the non -conforming street frontage condition. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from NC to MSC has the potential to increase traffic at this location when considering that MSC would allow for residential development since the density limit would be removed. However, staff finds that a rezoning is not likely to create or appreciably increase traffic danger or congestion given the relatively small size of the lot. 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: The proposed rezoning has the potential to alter the population density since it would allow for increased residential development. However, staff finds that the proposed rezoning would not undesirably increase the load on public services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; 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-2023-0029 to City Council with a recommendation of approval. Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 4 of 17 PLANNING COMMISSION ACTION: Required YES Date: November 13, 2023 O Tabled xO Forwarded O Denied WITH A RECOMMENDATION OF APPROVAL Motion: NINSTON ISecond:3RINK jVote: 9-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.29 District NC, Neighborhood Conservation o §161.27 District MSC, Main Street Center • Request Letter • Staff Exhibits • Downtown Master Plan • Cultural Arts Corridor • Public Comment • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 5 of 17 161.29 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 5feet Rear, from center line of an alley 1 12 feet Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 6 of 17 (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) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 7 of 17 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 1 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 1 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 8 of 17 (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (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 None Rear 5feet Rear, from center line of an alley 1 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 15 stories/7 stories* * A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; 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. 6223, §1, 9-3-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6625, §1 adopted December 6, 2022, "determines that Section 2 of Ordinance 6427 (Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section." Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 9 of 17 Request Letter I am requesting that my property at 533 west center street be rezoned from NC to MSC for the following reasons: -The rezoning of the property does not affect adversely any of the parcels around the property as the are all zoned MSC except city property to my south boundary. -The rezoning of this property to MSC does not astray from the goals of the NC because the property is landlocked not visible from the street off center or west or mountain. The property does not have any significant vegitation within it's boundaries and the home is a not of historical importance. -A rezoning would bring consistency to the neighborhood as all properties around would be equally zoned. -This property is land locked to the north east and west by properties that have been rezoned from NC to MSC in the past. Rezoning would allow the unification at a further date with any of the properties around it to cure the landlocking issues this property has. To my knowledge it is the only property in downtown with this issue. With the following reasons in mind I would respectfully request a zoning change from nc to msc. Nestor Briceno Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Page 10 of 17 DOWNTOWN MASTER PLAN Through the charrette process, the community and design team arrived at a series of basic urban design and policy principles to guide future development Downtown. The Key Principles summa- rize the results of the citizen process and promote responsible growth, planning and development. While the specifics of each principle are reflective of Fayetteville's needs, overall these principles are essentials for good planning in any modern downtown. This chapter presents the broad scope of the community's vision for Downtown; specific design components of each principle are further described and illustrated in Chapter 3. General guidance on imple- menting each principle is Included; detailed implementation strate- gies can be found in Chapter 5. KEY PRINCIPLES 1. A Superbly Walkable EJ2vironment 2. Downtown Living 3. Smart Parking 4. Smart Rules 5. Special Places 6. An Experience Economy rx� " jr The Illustrative Master Plan at right was created during the charrette- The plan 4n synthesizes community ideas and depicts the idealized build -out for downtown. This map is fora L illustrative purposes and is not a regulating document- The Illustrative Master Plan identifies key opportunity parcels for potential development, redevelopment, conservation. and preserva• ! • bon_ A large copy of the plan is included in the Appendix and is on display at City Hall. Page 22 April 30. 2004 SUBJECT PROPERTY • M i r A d L i IL it - if tit q, a 1�1 ~ I :r we, . O Ezising Building t�y�r...��"i �+^ ,r.•FiJr.' i I (d;it * wProposed Building 0 4 (' j _' �ii �• •�° r�Y 1 6cis- Civic Budding ,�! - ^'• °' Parking Struclure Green Space FAYETTEVILLE DOWNTOWN MASTER PLAN r~o °� oe■o >s - �! a b ° n � ttt,•p a � R r _`l Planning Commission t November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 11 of 17 Elm N ED ❑ ME CULTURAL ARTS CORRIDOR EXHIBIT DICKSON STREET fi7 SPRING STIR0 a ❑❑ E W STREET — El Lml • D �� N • �j _ �y `tir'i D W E—' Z D C. m. r A r' m p ❑ Z � x C a. y> n oQ ED 0 a ❑ O a' ❑ o 0 °6 Q 0 Q❑ o a D �N o s LT ■ iH SiREEL._ ��a C—j a0 EL) \ PRAIRIE STREET O� SUBJECT PROPERTY Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 12 of 17 Wonsower, Donna From: Tamijani, Zak Sent: Tuesday, November 7, 2023 11:49 AM To: Wonsower, Donna Subject: RZN-2023-0029 Follow Up Flag: Follow up Flag Status: Flagged Alan Ostner stated support for this RZN. Zak Tamijani Planning Technician City of Fayetteville 479-444-3443 Website I Facebook I Twitter I Instagram I YouTube F-e--mW ___ t=�=ems Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 13 of 17 November 13, 2023 RZN-2023-0029 (BRICENO) Page 14 of 17 RZN-2023-0029 Close Up View a 9 W Z r-PUTMAWSl R-O — Neighborhood Link — Urban Center Unclassified Alley Residential Link I_= I Design Overlay District ~ Planning Area _ ! Fayetteville City Limits 533 W. CENTER ST van MUge Ira LL�� RSF-4 I RMF-24 I I I I I Subject Property k- 1 1 1 1 1 1 1 1 1 1 1 1 �_I 1 1 1 1 1 I 1 1 RI-U 1 1 1 1 1 1 1 1 W W, Am. MEADOW,ST- Feet 0 75 150 300 450 600 1.2,400 �W Q J O O 2 V In I MOUNTAIN ST■ ROCK DG Iq I NORTH Zone Current Proposed MSC 0.0 0.1 NC 0.1 0.0 Total 0.1 ac November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 15 of 17 ' 1 11 • 533 W. CENTER ST Current Land - �. R a� wit. 9 WNW iZ � rr 1 t Subject Property ;ENTER ST to yi _0 W _ Ql Single -Family Residential and pt.�_ _� -Em Multi -Family Residential Fayetteville Library Neighborhood Link Urban Center Unclassified Alley Residential Link yPlanning Area Fayetteville City Limits r I Design Overlay District Feet 0 112.5 225 450 1:3,600 675 900 =Ir aPM FEMA Flood Hazard Data 100-Year Floodplain Floodway November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 16 of 17 RZN-2023-0029 Future Land Use Non -Municipal Government WHITESID w Q Civic and Z Private Q Open Space tU Z 533 W. CENTER ST City ghbor 1 1 1 1 / I I I Subject Property ORTH y�_�I TREADWELL-ST O •0 w '—MOUNTAIN�ST 1 N J 1 1 ALLEY 1 1 155 PUTMAN ST ROCK ST j I Civic M Q j Institutiona C7 1 a a � 1 1 STONE STONE c �- SOUTH ST Qp ST ST E O Q Q SITY�AVw x J �� 1 a NELSON = RACKETY BLVD 4TH,ST Neighborhood Link City Neighborhood Institutional Master Plan Civic Institutional Urban Center Civic and Private Open Space Unclassified Industrial Alley Feet Natural - Residential Link Non -Municipal Government r' �r Planning Area 0 145 290 580 870 1,160 Residential Neighborhood Fayetteville City Limits l Rural Residential Design Overlay District I :4,800 Urban Center Planning Commission November 13, 2023 RZN-2023-0029 (BRICENO) Paqe 17 of 17 s • Form v1.41 NV\ lA media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72703 Ad number#: 355311 PO #: Matter of: ORD 6713 AFFIDAVIT•STATE OF ARKANSAS I,Carla Gardner,do solemnly swear that I am the Finance Director of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6713 Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$88.16. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 12/10/23;NWA nwaonline.com 12/10/23 gaxdfeLe-t- Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 12th day of December,2023 CATHERINE STAGGS _- ?...r.,a 1.1 MY COMMISSION M 12402772 C'a ��►,ae�c�c t. u :f EXPIRES:February 28, 2025 � ,,, , �; Washington County NOTARY PUBLIC Ordinance:6713 File Number: 2023-1296 REZONING-2023-0029:(533 W.CENTER ST./BRICENO,523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2023- 0029 FOR APPROXIMATELY 0.09 ACRES LOCATED AT 533 WEST CENTER STREET IN WARD 2 FROM NC, NEIGHBORHOOD CONSERVATION TO MSC,MAIN STREET CENTER BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B) both attached to the Planning Departments Agenda Memo from NC,Neighborhood Conservation to MSC, Main Street Center. Section 2:That the City Coun- cil 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 December 5,2023 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount paid:$88.16 Dec.10,2023 355311