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HomeMy WebLinkAboutOrdinance 6734 IIIIIIIIIIIIIIIIIIIIIIIIUIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111111IIIII01 \�\ Doc ID: 021538420003 Type: REL Kind: ORDINANCE { � `� !;'' Recorded: 04/12/2024 at 03:15:w. .v"'J► Fee Amt: $25.00 Pape 1 of 331 PM Washington County, AR Kyle Sylvester Circuit Clerk 113 West Mountain Street File2024_00008685 Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6734 File Number: 2024-1820 REZONING-2024-0003: (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE, LLC.,563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0003 FOR APPROXIMATELY 1.10 ACRES LOCATED ON EAST 12ThI STREET EAST OF SOUTH WASHINGTON AVENUE IN WARD I FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC,Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on April 2,2024 Approve t: Attest: ‘k-VK/ TRF9' A,. e 7/7 rnel. ordan, � .;or Kara Paxton,City Cl rk Treasurer E— 41;S;--.•f'AYE1-f EVILLi i,ilv;c5A C620 I If This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville,Arkansas.Amount Paid: $ lG 1 Page 1 DG NC NS-L P-1 RI-U RSF-18 Walker Park Connector W i l l o w B end Wa l k way Wa l k e r Pa r k T r a i l Proposed RI-U Proposed RI-U WA S H I N G T O N A V E 13TH ST CO L L E G E A V E AL L E Y 24 2 WA X F L O W E R A V E B E E B ALM AVE ELLA ST 11TH ST 13TH ST 12TH ST 12TH PL 13TH PL Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0003 272 E. 12TH ST N 0 150 300 450 60075 Feet Subject Properties Zone Proposed NC RI-U 0.0 1.1 Total 1.1 ac1:2,400 Current 1.1 0.0 Parcel# 765-03340-000 LOTS 6 & 7 BLOCK 2 ALSO: 10 FT ALLEY E OF LOTS 4 & 5 & 20 FT CLOSED STREET E OF LOTS 6 & 7 FURTHER DESCRIBED FROM 2023-29722 AS: Lots 6 & 7, Block 2, Berl Dodd Addition, to the City of Fayetteville, Washington County, Arkansas, as shown on Plat Record "4" at page 219. Subject to a ten (10) foot alley which lies East of Lots 4 and 5 and West of Lots 6 and 7 in Block 2, Berl Dodd Addition to the City of Fayetteville, as shown on Plat Record "4" at page 219. AND All that part of Willow A venue lying East of and being immediately adjacent to the East line of Lots Six (6) and Seven (7) of Block Two (2) of Berl Dodd Addition to the City of Fayetteville, Arkansas as shown in Plat Book 4 at Page 219 of the Land Records of Washington County, Arkansas, and being more particularly described as follows: Beginning at the Northeast Corner of said Lot Seven (7), Block Two (2), said Point being an existing iron rebar; thence S89°56'51"E 20.08 feet to an existing ½’’ iron rebar on the East Right-of-Way Line of Willow Avenue, said point also being on the West Boundary of Washington County Land Parcel 765-15141-000, thence S00°07'57"W 115.75 feet along the East Right-of-Way Line of Willow Avenue to an existing iron rebar at the North Right-of- Way line of E. 12th Street, thence leaving the East Right-of-Way line of said Willow Avenue and the West Boundary of said Land Parcel 765-15141-000, N89°59'55"W 20.08 feet to the Southeast Corner of said Lot Six (6), Block Two (2), thence leaving the North Right-of-Way Line of said E. 12th Street, N00°07'57"E 115.77 feet along the East Line of said Lots Six (6) and Seven (7), Block Two (2), to the Point of Beginning. Parcel: 765-03342-000 LOTS 1 & 10 PT LOTS 2 & 9 BLOCK 3 & PT WILLOW AVE ABANDONED ALLEY WAY 0.04 AC FURTHER DESCRIBED AS: All of Lots One (1) and Ten (10) and the North 39.00 feet of Lots Two (2) and Nine (9) in Block Numbered Three (3), Burl Dodd Addition to the City of Fayetteville, as per plat of said addition on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. That portion of South Willow Avenue described as beginning 659.48 feet West and 849.43 feet North of the Southeast corner of the Southwest quarter of the Northwest Quarter of Section 22, Township 16 North, Range 30 West to the point of beginning, thence North 97.00 feet, thence West 20 feet; thence South 97.00 feet; thence East 20 feet to the point of beginning. also, the alley way located 799.48 feet West and 849.43 feet North of the Southeast corner of the Northwest Quarter of Section 22, Township 16 North, Range 30 West to the point of beginning; thence North 97 feet; thence West 10 feet; thence South 97 feet; thence East 10 feet to the point of beginning. Washington County, AR I certify this instrument was filed on 04/12/2024 03:15:31 PM and recorded in Real Estate File Number 2024-00008685 Kyle Sylvester- Circuit Clerk by Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-1820 MEETING OF APRIL 2, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Kylee Cole, Planner SUBJECT: RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for property located at 203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is in south Fayetteville approximately 0.11 miles east of Walker Park. The property consists of two parcels. The northern parcel contains approximately 0.40 acres and is developed with two structures, each with three dwelling units and constructed around 1996 (parcel 765-03340-000). The southern parcel contains approximately 0.70 acres and is developed with three structures, each with four dwelling units constructed around 1996 (parcel 765-03342-000). Both parcels are zoned NC, Neighborhood Conservation, received as part of the 2008 staff-initiated rezoning of the Walker Park neighborhood. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban. Public Comment: To date, staff has received two inquiries including one with concerns about general property upkeep and one email in support of the request. Land Use Compatibility: Staff finds the proposed rezoning from NC to RI-U to be compatible with the surrounding area. The intent of the RI-U zoning district is to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. The subject property is located between higher density multi-family developments to the north and east, and lower density single-family dwellings to the south and west. The parcels in question currently have developments that exceed the density limit for the NC zoning district (ten units per acre). The northern and southern lots have a density of 15 units and 17 units per acre, respectively. Further, these parcels have uses that are conditional in NC zoning, but a conditional use permit was never issued, thus the uses are non- Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov conforming. Single-, two-, three-, and four-family dwellings are permitted by right in the RI-U zoning district. In RI-U zoning, all lots with dwellings are required to maintain a minimum width of 18 feet with no minimum lot area requirement. The subject lots meet the minimum lot widths for RI-U zoning and are consistent with a range of lot widths in the vicinity, ranging from a minimum of 40 feet to the south, 140 feet to the north, and the large 9.6-acre Fayetteville Housing Authority parcel to the east. Staff recognizes that rezoning to RI-U would not bring the southern structure into conformance, as it would keep the build-to-zone that is also present in NC and the structures are set back from the street. However, staff finds the requested rezoning to be ultimately compatible since the subject parcels appear to be better aligned with the spirit and intent of the RI-U zoning district, and the rezoning would allow a nonconforming use to be brought into conformity. 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 a Residential Neighborhood area. A rezoning to RI-U could permit residential properties with reduced lot sizes in traditional form while encouraging diversity of housing types. Staff finds that the requested rezoning could allow for the creation of missing middle housing meeting City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. The property has a moderate infill score of 7, and staff finds the requested rezoning to be appropriate since it would bring the use and density of the parcels into conformity and provide a transition from lower density NC zoning at the west to higher density DG zoning at the east. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Sewer Main (2-inch main, E. 12th St.) • Near Water Main (8-inch main, E. 12th St.) • Near City Park (Walker Park) • Near Paved Trail (S. Washington Ave. Marked Shared Roadway; Walker Park Trail; Walker Senior Trail) • Near ORT Bus Stop (S. College Ave. and E. 13th St.) • Within Master Plan Area (Walker Park Neighborhood) DISCUSSION: At the March 11, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. The commissioners cited future land use compatibility, density, and staff recommendations as noted in the report as reasons for approval. There was no public comment at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-1820 RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for property located at 203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-0003 FOR APPROXIMATELY 1.10 ACRES LOCATED ON EAST 12TH STREET EAST OF SOUTH WASHINGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department’s Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. 3/15/2024 Submitted Date No -$ -$ V20221130 Budgeted Item? Does item have a direct cost? Is a Budget Adjustment attached? Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget -$ -$ No No -$ -$ Project Number Budget Impact: FundAccount Number Project Title City of Fayetteville Staff Review Form 2024-1820 Item ID 4/2/2024 City Council Meeting Date - Agenda Item Only RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for property located at 203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Jonathan Curth DEVELOPMENT REVIEW (630) Division / Department Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Kylee Cole, Planner MEETING DATE: March 11, 2024 SUBJECT: RZN-2024-0003: Rezoning (203-209; 239-245; 270-280; AND 283-289 272 E. 12TH ST./12TH ST. TOWNHOMES OF FAYETTEVILLE LLC., 563): Submitted by SWOPE CONSULTING for property located at 203-209; 239- 245; 270-280; AND 283-289 272 E. 12TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 1.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE-URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2024-0003 to City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward RZN-2024-0003 to City Council with a recommendation of approval.” BACKGROUND: The subject property is in south Fayetteville approximately 0.11 miles east of Walker Park. The property consists of two parcels. The northern parcel contains approximately 0.40 acres and is developed with two multi-family dwellings, each with three units constructed around 1996 (parcel 765-03340-000). The southern parcel contains approximately 0.70 acres and is developed with three multi-family dwellings, each with four units constructed around 1996 (parcel 765-03342- 000). Both parcels are zoned NC, Neighborhood Conservation, which it received as part of the 2008 staff-initiated rezoning of the Walker Park neighborhood. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single-Family Residential; Multi-Family Residential NC, Neighborhood Conservation; RI-U, Residential Intermediate - Urban South Single-Family Residential; Multi-Family Residential NC, Neighborhood Conservation; RI-U, Residential Intermediate - Urban East Morgan Manor (Fayetteville Housing Authority) DG, Downtown General West Single-Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban. Public Comment: To date, staff has received one inquiry and one public comment regarding the current state of the property and concerns about potential higher density development. INFRASTRUCTURE: Streets: The subject property has frontage along E. 12th St., a partially improved Residential Link street with asphalt paving, curb, gutter, and sidewalk (sidewalk along the northern side). 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 two-inch water main is present on the north side of E. 12th Street. Sewer: Public sanitary sewer is available to the subject property. An existing eight-inch sewer main is present on the south side of E. 12th Street. Drainage: No portion of the subject property lies within the Hillside/Hilltop Overlay District or a FEMA-designated floodplain and no protected streams are present. Any improvements or requirements for drainage would be determined at the time of development submittal. Hydric soils are present, which is 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 are issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately 1.2 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 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 RI-U, Residential Intermediate – Urban requires 15% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score range of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response • Near Sewer Main (2-inch main, E. 12th St.) • Near Water Main (8-inch main, E. 12th St.) • Near City Park (Walker Park) • Near Paved Trail (S. Washington Ave. Marked Shared Roadway; Walker Park Trail; Walker Senior Trail) • Near ORT Bus Stop (S. College Ave. and E. 13th St.) • Within Master Plan Area (Walker Park Neighborhood) FINDINGS OF THE STAFF 1. 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 RI-U to be compatible with the surrounding area. The intent of the RI-U zoning district is to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. The subject property is located between higher density multi-family developments to the north and east, and lower density single-family dwellings to the south and west. The parcels in question currently have developments that exceed the density limit for the NC zoning district. NC zoning permits a density of ten units per acre. The northern and southern lots have a density of 15 units and 17 units per acre, respectively. Further, these parcels host uses that are conditional in NC zoning, but a conditional use permit was never issued, thus the uses are non-conforming. Single-, two-, three-, and four-family dwellings are permitted by right in the RI-U zoning district. All lots with dwellings are required to maintain a minimum width of 18 feet with no minimum lot area requirement. The NC district requires lot widths of 40 feet with lot areas 4,000 square feet minimum. The subject lots meet the minimum lot widths for RI-U zoning, and are consistent with a wide variety of lot widths in the vicinity ranging from a minimum of 40 feet to the south, 140 feet to the north, and the large 9.6-acre Fayetteville Housing Authority parcel to the east. Staff recognizes that a rezone to RI-U would keep the build-to-zone that is also present in NC, and the southern parcel would still be non-conforming with this requirement. However, staff finds the requested rezoning to be ultimately compatible since location of the subject parcel appear to be better aligned with the spirit and intent of the RI-U zoning district, and since the rezoning would allow a nonconforming use to be brought into conformity. 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 Residential Neighborhood area. A rezoning to RI-U could allow for the creation, or maintenance, of residential properties with reduced lot sizes and form-based requirements while encouraging diversity of housing types. Staff finds that the requested rezoning could allow for the creation of missing middle housing that meets City Goals 1: We Will Make Appropriate Infill and Revitalization our Highest Priority and 6: We Will Create Opportunities for Attainable Housing. The property has a moderate low infill score of 7, and staff finds the requested rezoning to be appropriate since it would bring the use and density of the parcels into conformity and provide a transition from lower density NC zoning at the west to higher density DG zoning at the east. 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 RI-U is justified since it contains both parcels that do not currently comply with the density regulations of the underlying NC zoning district. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from NC to RI-U has the potential to increase traffic at this location when considering that RI-U would allow for residential development at a greater density than the existing NC zoning. However, staff finds that a rezoning is not likely to create or appreciably increase traffic danger or congestion given that the properties are already developed with three- and four-family units. 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-2024-0003 to City Council with a recommendation of approval. ________________________________________________________________________ PLANNING COMMISSION ACTION: Required YES Date: March 11, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.12 District RI-U, Residential Intermediate – Urban o §161.29 District NC, Neighborhood Conservation • Request Letter • Public Comment • One Mile Map • Close-Up Map • Current Land Use Map • Future Land Use Map 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi-family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear, from centerline of an alley A build-to zone that is located between the front property, line and a line 25 feet from the front property line. None 5 feet 5 feet 12 feet (F) Building Height Regulations. Building height maximum 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 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 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories Swope Engineering 7 Halsted Circle • Suite 210 • Rogers, AR 72756 • 479.877.7388 February 8th, 2024 Development Services Building Attn: Gretchen Harrison, Planner 125 West Mountain Street Fayetteville, AR 72701 Re: Rezone Neighborhood Conservation to RI-U Parcel #'s 765-03340-000 and 765-03342-000 Dear Ms. Harrison, This rezoning will not adversely affect or conflict with surrounding land uses, because the same zoning exists all around both properties. These properties are bound by 12th Street, by RI -U north of the north parcel, and by both NC and RI-U to the south of the south parcel. This rezone is requested because the owner would like to add floor area to the existing units, providing tenants more livable space. Because this zoning designation encourages attached/detached dwellings in a range of housing types compatible in scale with single -family homes), the proposed development will meet the goals of the city's infill plans. This zoning also encourages a divers ity of housing types for the walkable urban living demands that exist. Please accept this application for your support of the referenced rezoning before the Planning Commission and City Council. Sincerely, Phil Swope, PE Project Engineer RZN-2024-0003 Public Comment Summary • Inquiry from Lisa Meeks – No support or opposition. • March 4, 2024 – Call from Penny Carol (neighbor) who is concerned about the current state of the property (trash, dogs chained up outside, etc) and that it may get worse with rezoning that allows higher density development. I told her about the applicant’s building permit to add a second floor, but no additional units and it seemed that they were generally trying to improve the property. She said she would be sending me photos (none received as of March 6, 2024). 1 Cole, Kylee From:Penny Carroll <pennecarroll@gmail.com> Sent:Monday, March 11, 2024 2:51 PM To:Cole, Kylee Subject:Rezone 12th Street Follow Up Flag:Follow up Flag Status:Completed CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To: Planning Commission Re: Rezone 12th Street This is Penny Carroll and I own the property directly to the west of this rezoning request, on Washington Ave As an immediate neighbor, I would like to highly encourage you to approve the request. This corner, actually the whole section for a couple of blocks, is greatly in need of improvement. Revitalizing it would be a boon to the neighborhood. It also adheres to several basic principles of establishing more affordable housing, because it adds greater density without taking up a larger footprint. Please approve the rezoning request. Thank you for your consideration, Penny Carroll RI-12C-1 RMF-24R-A RPZD C-2 MSC CS DG I-2 NC RSF-4 P-1 I-1 RSF-8 HUNTSVILLE RD H U N T S VIL L E R D SC H O O L A V E MARTIN LUTHER KING JR BLVD N ELSO N H A C KETT B L V D 15TH ST 19TH ST MO R N I N G S I D E D R Regional Link Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Planned Neighborhood Link Shared-Use Paved Trail Trail (Proposed) Design Overlay District Fayetteville City Limits Planning Area Zoning RESIDENTIAL SINGLE-FAMILY NS-G RI-U RI-12 NS-L Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RMF-6 RMF-12 RMF-18 RMF-24 RMF-40 INDUSTRIAL I-1 Heavy Commercial and Light Industrial I-2 General Industrial EXTRACTION E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation PLANNED ZONING DISTRICTS Commercial, Industrial, Residential INSTITUTIONAL P-1 One Mile View RZN-2024-0003 272 E. 12TH ST N 0 0.25 0.50.13 Miles Planning Area Fayetteville City Limits Subject Properties DG NC NS-L P-1 RI-U RSF-18 Walker Park Connector W i l l o w B end Wa l k way Wa l k e r Pa r k T r a i l Proposed RI-U Proposed RI-U WA S H I N G T O N A V E 13TH ST CO L L E G E A V E AL L E Y 24 2 WA X F L O W E R A V E B E E B ALM AVE ELLA ST 11TH ST 13TH ST 12TH ST 12TH PL 13TH PL Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Close Up View RZN-2024-0003 272 E. 12TH ST N 0 150 300 450 60075 Feet Subject Properties Zone Proposed NC RI-U 0.0 1.1 Total 1.1 ac1:2,400 Current 1.1 0.0 COLLEGE AVE 13TH ST WA S H I N G T O N A V E MCCLINTON ST WO O D A V E 15TH ST Regional Link - High Activity Unclassified Alley Residential Link Trail (Proposed) Planning Area Fayetteville City Limits Current Land Use RZN-2024-0003 272 E. 12TH ST N 0 225 450 675 900112.5 Feet Subject Properties Multi-Family Residential and Single-Family Residential Single-Family Residential and Undeveloped 1:3,600 Single-Family Residential and Walker Park Multi-Family Residential, and Single-Family Residential City Neighborhood Civic and Private Open Space Industrial Natural Residential Neighborhood CO L L E G E A V E 13TH ST MCCLINTON ST WA S H I N G T O N A V E BL O C K A V E WO O D A V E SCRIMSHAW CV AL L E Y 2 4 2 10TH ST 13TH ST FAIRLANE ST WHITEFIS HBAYPL B E EBALM AVE ELLA ST 11TH ST NANTUCKET DR 13TH ST 9TH ST 12TH S T WAXFLOWER AVE JA N E L L E A V E 12TH PL 13TH PL WO O D A V E 15TH ST Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits Trail (Proposed) City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non-Municipal Government Residential Neighborhood Rural Residential Urban Center Future Land Use RZN-2024-0003 272 E. 12TH ST N 0 290 580 870 1,160145 Feet Subject Properties 1:4,800 Form v1.46 NV\'4\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN RECEIVED FAYETTEVILLE,AR 72701 Ad number#: 391268 APR 0 9 2024 PO#: CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Matter of: Ord 6734 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 WASHINGTONBENTON 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 6734 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$95.76. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 04/07/24;NWA nwaonline.cone 04/07/24 ga-tolfz-z—c— Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 9th day of April,2024 ; ` CATHERINE STAGGS 7��� .r��,., ,4 MY COMMISSION li 12402772 S f UD t • EXPIRES:February 28, 2025 C�� •.;!x��; �•� Washington County NOTARY PUBLIC Ordinance:6734 File Number:2024-1820 REZONING-2024-0003:(203- 209; 239-245; 270-280;AND 283-289 272 E.12TH STJ12TH ST. TOWNHOMES OF FAYET- TEVILLE,LLC.,563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 0003 FOR APPROXIMATELY 1.10 ACRES LOCATED ON EAST 12TH STREET EAST OF SOUTH WASH- INGTON AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD • CONSERVATION TO RI-U.RESI- DENTIAL INTERMEDIATE-URBAN BE IT ORDAINED 8Y THE CITY COUNCIL OF THE CITY OF FAYETIEVILLE.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 Department's Agenda Memo from NC,Neighborhood Conservation to RI-U.Residen- tial Intermediate-Urban. 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 April 2,2024 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:$95.76 April 7,2024 391268