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HomeMy WebLinkAboutOrdinance 6743 III) .../' . , ,.,f 111111111111111111111111111111111111111111111111111II1 rDoc ID: 021596510004 Type: Kind: ORDINANCE �, ll�;i� Recorded: 05/24/2024 at 01:40:04 PM :,,,,. Fee Amt: $30.00 Page 1 of 4 "z Washington County, AR / I Kyle Sylvester Circuit Clerk AkI.NSP File2024_00012727 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6743 File Number: 2024-1880 APPEAL: REZONING-2024-0002: (740 W. STONE ST./APEX PROPERTY VENTURES, LLC,522): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN-2024-0002 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 740 WEST STONE STREET IN WARD 2 FROM RI-U, RESIDENTIAL INTERMEDIATE-URBAN TO DG, DOWNTOWN GENERAL 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 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 RI-U,Residential Intermediate-Urban to DG, Downton General. 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 May 7,2024 Approv Attest: ���%� .;,ti••rTA)4- 4,�4 • pit^i �l�; •;Jr. I‘OYCt _o6 FAYETtEVILLi ; ioneld Jordan, y r Kara Paxton,City Cle Treasurer .• c, •�� This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $°12 72_ Page 1 RZN-2024-0002 I 740 W. STONE ST I EXHIBIT 'A' Close Up View BULLDOG BLVD P-1 z u W a Z, R QrI- �Q�' G W Q z a z Q RM x c.� m Urban Center Alley Residential Link _~ Planning Area ! - - Fayetteville City Limits PUT W a J Feet 0 75 150 300 450 600 1:2,400 NORTH Zone Current Proposed DG 0.0 0.2 RI-U 0.2 0.0 RMF-40 0.0 0.0 Total 0.2 ac RZN-2024-0002 EXHIBIT 'B' Legal description Parcel 765-09786-000 GIS Approved 01/22/2024 1:36:45 PM A part of Lots 11 and 12, Block 3, Putmans Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at a point which is N87 31'53" W 48.95 from an existing rebar marking the Northeast corner of said Lot 11 and running thence S02053'42"W 100.50 feet; thence N87°20'29"W 54.00 feet; thence N02053'42"E 100.33 feet; thence S87°31'53"E 54.00 feet to the Point of Beginning, containing 0.12 acres, more or less. Subject to that portion in West Stone Street Master Street Plan Right -of -Way on the South side of herein described tract and subject to all other easements and rights -of -way of record, ALSO known as New Lot 1 on Lot Split Survey filed in/as Land Document No. 2019-589, among the land records of Washington County, Arkansas. And, Parcel 765-09786-002 A part of Lots 11 and 12, Block 3, Putmans Addition to the City of Fayetteville, Washington County, Arkansas, being more particularly described as follows, to -wit: Beginning at an existing rebar marking the Northeast corner of said Lot 11 and running thence S02053'38"W 100.67 feet to an existing pipe; thence N87020'29"W 48.95 feet; thence NO2°53'42"E 100.50 feet; thence S87°31'53"E 48.95 feet to the Point of Beginning, containing 0.11 acres, more or less. Subject to that portion in West Stone Street Master Street Plan Right -of -Way on the South side of herein described tract and subject to all other easements and rights -of -way of record, ALSO known as New Lot 2 on Lot Split Survey filed in/as Land Document No. 2019-589, among the land records of Washington County, Arkansas. Total of approx 0.24 acres • Washington County,AR I certify this instrument was filed on 05/24/2024 01:40:04 PM and recorded in Real Estate File Number 2024-00012727 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 7, 2024 CITY COUNCIL MEMO 2024-1880 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessica Masters, Development Review Manager SUBJECT: APPEAL: RZN-2024-0002: Rezone (740 W. STONE STJAPEX PROPERTY VENTURES, LLC, 522): Submitted by SASI SUNDARAM for property located at 740 W. STONE ST. in WARD 2. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE -URBAN and contains approximately 0.24 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: City Planning staff and the Planning Commission recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property, which contains parcels 765-09786-000 and 765-09786-002, is located near downtown, just northeast of Fayetteville High School, between Hill and Duncan Avenues on the north side of Stone Street. The property contains approximately 0.24 acres and is currently undeveloped. The property was rezoned from RMF-40, Residential Multi -Family, 40 Units per Acre to RI-U, Residential Intermediate - Urban in September 2021 (RZN-2021-000059). Request: The request is to rezone the property from RI-U, Residential Intermediate — Urban to DG, Downtown General. The applicant has included a Bill of Assurance to limit development to strictly residential uses allowed in the DG zoning district (1, 8, 9, 10, 26, 41, 44, and 46) and to limit the overall building heights to three stories, as opposed to five. Public Comment: Staff have received inquires as well as one comment in opposition to the request. Comment in opposition cited a concern that while there were no issues with the density limitations proposed in DG along with concerns about increasing building heights and allowable uses . The member of the public also had concerns about limited parking in the neighborhood, and ongoing enforcement issues with the nearby high school. Land Use Compatibility: The property in question is fully surrounded by RMF-40 zoning. While staff supported a request to rezone the property to RI-U, the request to DG is a request for more uses, building height, and buildable area than would be permitted with either the RI-U zoning district, or the previous RMF-40 zoning district, allowing for non-residential uses, and up to 5 stories in building height. The applicant's provision of a Bill of Assurance limits the uses strictly to residential, and limits the building height to a maximum of three stories. Staff finds that a more appropriate route than providing a Bill of Assurance (which runs with the land, but can be difficult to enforce) would be to work within the existing zoning district regulations, which allows a Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 conditional use permit for a 5-unit townhome structure. Staff recognizes that RMF-40 allows for larger scale apartment buildings by -right, but there are setbacks (20-foot rear rather than 5-foot) and building height limitations that keep those structures from being too overwhelming to the surrounding structures. Staff also recognizes that a mixture of uses within a neighborhood is typically a good thing to increase walkability and create complete neighborhoods, and limiting DG zoning district to solely residential uses may not promote the desired outcome of that district. That said, the uses typically allowed in Downtown General may be more in line with a request along a prominent corner, rather than directly within a residential block, and with or without a Bill of Assurance, may not be completely in line with the current land use surroundings. Land Use Plan Analysis: Staff finds that the request is inconsistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 13.5, so rezoning to a high -density zoning district is appropriate in this location, and it was previously zoned in the highest density residential zoning district the City currently has: RMF-40. A high infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. In this regard, the request meets Goals 1 and 6 of City Plan 2040, by potentially providing infill development and the possibility for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. The request also aligns with Goal 3, since the mixed -use potential in the DG zoning district and its adjacency to residential uses allows for the development of a complete neighborhood that is connected and compact. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center Street) • Near Sewer Main (6", located in W. Stone Street) • Near Water Main (6", located in W. Stone Street) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Main Campus • Near Paved Trail (Frisco Trail, Razorback Greenway) • Near ORT Bus Stop (Hill & Stone, Route 20) • Near Razorback Bus Stop (Hill & Stone, Route 13/44/48) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the March 11, 2024 Planning Commission meeting, a motion to forward with a recommendation of approval failed with a vote of 3-6-0, with Commissioners Sparkman, Garlock, Madden, Gulley, Winston, and McGetrick opposed. Commissioners were primarily concerned by the Bill of Assurance offered and remarked that it signaled a lack of compatibility. They felt that the existing zoning gave the applicant the ability to build many units by -right and found that rezoning was not the correct or applicable tool to redevelop the site. Given RI-U's lack of a density maximum and the ability to request a conditional use permit for multi -family under that district, the Commission found that would have been more appropriate, and would not have required any further City Council action. Commissioners in favor noted that while DG is an intense zoning district, they found that limiting the story height and the uses made the request compatible. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Appeal Request Letter (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Report (#6), Revised Bill of Assurance Submittal 04-09-2024 (#7), Revised Bill of Assurance Submittal 04-12- 2024 (#8) 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 #: 2024-1880 APPEAL: RZN-2024-0002: Rezone (740 W. STONE STJAPEX PROPERTY VENTURES, LLC, 522): Submitted by SASI SUNDARAM for property located at 740 W. STONE ST. in WARD 2. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE -URBAN and contains approximately 0.24 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN- 2024-0002 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 740 WEST STONE STREET IN WARD 2 FROM RI-U, RESIDENTIAL INTERMEDIATE -URBAN TO DG, DOWNTOWN GENERAL 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 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 RI-U, Residential Intermediate -Urban to DG, Downton General. 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 community.by.design S.10 not = TOWN PLANNING.URBAN ENGINEERING March 25, 2024 Via Email: kpaxton@fayetteville-ar.gov Ms. Kara Paxton City Clerk - City of Fayetteville 113 West Mountain Street, Room 308 Fayetteville, Arkansas 72701 RE: Appeal of March 11'h, 2024 Planning Commission action to deny RZN 2024 0002 Ms. Paxton, As a representative of the property owner at 740 Stone Street, I am appealing to City Council the determination of the March 1lth, 2024 Planning Commission to deny RZN 2024 0002, a 6-3 vote. The request is to rezone the property from its existing zoning designation of Residential Intermediate Urban (RAJ) to Downtown General (DG). A Bill of Assurance (BOA) is attached to the request which would limit building height on the property to a 3 story maximum and also would limit use on the property to residential use only, excluding non-residential use. The BOA is provided to address height concerns from a neighbor and address the non-residential use concern from the planning department. In general, BOAS were cast in an unfavorable light by some planning commissioners as grounds for denying the request. The undeveloped property containing 0.20 acres, which is completely surrounded by large areas of Residential Multi - Family 40 Units Per Acre (RMF40) zoning, was rezoned from RMF40 to RIU in 2022 in order to reduce the rear setback from 20' to 5'. The property is only 92' deep. RMF40 to RAJ would be considered a down zone to some since the height limit in RMF40 is 5 stories, while with RAJ the height limit is 2-3 stories. Multi -family use, or buildings containing 5 or more dwelling units, is by right in RMF40 while it is a conditional use with RAJ. As building plans for the property further developed after the rezone to RAJ, it became clear that there are issues with the 2-3 story height limit of RIU and that a conditional use permit would be required for multi -family use. Therefore the proposal to rezone to DG was brought forward along with the BOA limitations. Because the property and neighborhood is surrounded by large areas of RMF40 zoning with significant portions being zoned DG, the proposal is very compatible with adjacent zoning. If approved, rezoning to DG would save significant time for the planning commissioners, City staff, and the development team since conditional use permits and variances would not be required. Proposed buildings under DG zoning would be subject to the same Urban Residential Standards as would proposed buildings being processed under RIU zoning. There are no negative consequences foreseen if the property were to be rezoned to DG with the BOA limitations. It would save significant development processing time of staff and commissioners, and any proposed development would still be subject to the same development regulations, therefore we respectfully ask for the City Council to approve this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, AR 72701 479.790.6775 CITY OF FAYETTEVILLE V10-111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: March 11, 2024 SUBJECT: RZN-2024-0002: Rezone (740 W. STONE STJAPEX PROPERTY VENTURES, LLC, 522): Submitted by SASI SUNDARAM for property located at 740 W. STONE ST. The property is zoned RI-U, RESIDENTIAL INTERMEDIATE -URBAN and contains approximately 0.24 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommend denial of RZN-2024-0002. RECOMMENDED MOTION: "1 move to deny RZN-2024-0002." BACKGROUND: The subject property, which contains parcels 765-09786-000 and 765-09786-002, is located near downtown, just east of Fayetteville High School at the intersection of W. Stone Street and S. Duncan Avenue. The property contains approximately 0.24 acres and is currently undeveloped. The property was rezoned from RMF-40, Residential Multi -Family, 40 Units per Acre to RI-U, Residential Intermediate - Urban in September 2021 (RZN-2021-000059). Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-40, Residential Multi -Family - 40 Units per Acre South Single -Family Residential RMF-40, Residential Multi -Family - 40 Units per Acre East Single -Family Residential RMF-40, Residential Multi -Family - 40 Units per Acre West Single -Family Residential RMF-40, Residential Multi -Family - 40 Units per Acre Request: The request is to rezone the property from RI-U, Residential Intermediate — Urban to DG, Downtown General. The applicant has included a Bill of Assurance to limit the uses to strictly those residential uses allowed in the DG zoning district (1, 8, 9, 10, 26, 41, 44, and 46) and to limit the overall building heights to 3 stories, as opposed to 5. Public Comment: Staff have received inquires about the request, as well as one comment in opposition to the request, citing a concern that while there were no issues with the density limitations proposed in DG, there were concerns about increasing building heights and allowable uses in the residential zoning district. The member of the public also had concerns about limited parking in the neighborhood, and ongoing enforcement issues with the nearby high school. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 1 of 16 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Stone Street, which is a partially improved Residential Link street with asphalt paving, curb, and gutter. Any street improvements required in this area would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the subject area. An existing 6-inch water main is present in the center of W. Stone Street. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the south side of W. Stone Street. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.7 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. There are no hydric soils present in the subject area, and no portion of the property is within the Hillside -Hilltop Overlay District, a FEMA Floodplain, or a Streamside Protection Zone. Tree Preservation: The proposed zoning district of DG, Downtown General requires 10% minimum canopy preservation. The current zoning district of RI-U, Residential Intermediate - Urban requires 15% 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 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 10 for this site, with a weighted score of 13.5. The following elements of the matrix contribute to the score: Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 2 of 16 • Adequate Fire Response (Station 1, 303 W. Center Street) • Near Sewer Main (6", located in W. Stone Street) • Near Water Main (6", located in W. Stone Street) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Main Campus • Near Paved Trail (Frisco Trail, Razorback Greenway) • Near ORT Bus Stop (Hill & Stone, Route 20) • Near Razorback Bus Stop (Hill & Stone, Route 13/44/48) • Appropriate Future Land Use (City Neighborhood Area) 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: The property in question is fully surrounded by RMF-40 zoning. While staff supported a request to rezone the property to RI- U, the request to DG is a request for more uses, building height, and buildable area than would be permitted with either the RI-U zoning district, or the previous RMF-40 zoning district, allowing for non-residential uses, and up to 5 stories in building height. The applicant's provision of a Bill of Assurance limits the uses strictly to residential, and limits the building height to a maximum of three stories. Staff finds that a more appropriate route than providing a Bill of Assurance (which runs with the land, but can be difficult to enforce) would be to work within the existing zoning district regulations, which allows a conditional use permit for a 5-unit townhome structure. Staff recognizes that RMF-40 allows for larger scale apartment buildings by -right, but there are setbacks (20-foot rear rather than 5-foot) and building height limitations that keep those structures from being too overwhelming to the surrounding structures. Staff also recognizes that a mixture of uses within a neighborhood is typically a good thing to increase walkability and create complete neighborhoods, and limiting DG zoning district to solely residential uses may not promote the desired outcome of that district. That said, the uses typically allowed in Downtown General may be more in line with a request along a prominent corner, rather than directly within a residential block, and with or without a Bill of Assurance, may not be completely in line with the current land use surroundings. Land Use Plan Analysis: Staff finds that the request is inconsistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a weighted infill score of 13.5, so rezoning to a high -density zoning district makes sense in this location, and it was previously zoned in the highest density residential zoning district the City currently has. A high infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. The request meets Goals 1 and 6 of City Plan 2040, by potentially providing infill development and the possibility for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. The request also aligns with Goal 3, since the mixed -use Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 3 of 16 potential in the DG zoning district and its adjacency to residential uses allows for the development of a complete neighborhood that is connected and compact. 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 to DG, Downtown General is not justified. Staff finds that a more appropriate route than providing a Bill of Assurance (which runs with the land) would be to work within a formalized mechanism within an existing zoning district, and either request a conditional use permit for a 5- unit townhome structure under the currently zoning designation. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to DG has an associated potential to increase traffic at this location. While RI-U currently does not have a stated density maximum, neither does DG. However, the uses that are permitted in DG include multi- family apartment buildings that are 5 units or more, so a larger multi -family structure could be constructed by -right under DG. Further, typically commercial or non-residential uses are permitted in DG as well, with little limitation as far as scale or scope. Both of these elements could increase traffic to the site. The applicant has submitted a Bill of Assurance, which somewhat alleviates this concern. 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 RI-U to DG could increase population density and therefore the load on public services; however, the impact is not expected to be detrimental. Adequate water and sewer connections are available to the site, suggesting the area can support the increase and avoid costly extensions to 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: Finding: N/A 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. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 4 of 16 RECOMMENDATION: Planning staff recommends denial of RZN-2024-0002. If Planning Commission choose to forward the item, staff recommends in favor of the inclusion of the applicant's offering of a Bill of Assurance. PLANNING COMMISSION ACTION: Required YES (Date: March 11, 2024 Motion: Second: Vote: BUDGET/STAFF IMPACT: None O Tabled O Forwarded O Denied Attachments: • Unified Development Code: o §161.12 District RI-U, Residential Intermediate - Urban o §161.28 Downtown General • Applicant Request Letter • Bill of Assurance • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 5 of 16 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 6 of 16 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427, §§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." 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential 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 laces Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 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 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 7 of 16 (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 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; 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. 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 , §§l (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 March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 8 of 16 Written description of request per the city of Fayetteville rezoning application a. Current ownership and pending property sales information - The subject property is owned by Apex property ventures Ilc . b. Reason (need) for requesting the zoning change - The DG zoning district offers more flexibility with its lot standards than the current zoning and it allows for multi -family dwellings by right. The DG zoning district encourages and enables the development of smaller scaled multi -family buildings that supports and compliments the growing housing need for U of A. This is in alignment with the six goals of City Plan 2040 which talks about by -right development in infill locations which can result in more efficient development and approval process. The proposed zoning is needed to allow for the permitting and approval of a new 5-unit multi -family building by -right. c. Statement of how the proposed rezoning will relate to the surrounding properties in terms of land use, traffic appearance and signage - The proposed rezoning is consistent with the surrounding properties include a mix of larger apartment buildings, smaller scaled apartment buildings, townhomes, and single-family houses.. In general , the proposed zoning would allow for slightly higher -density by -right as encouraged by land use designation while at the same time encouraging smaller -scaled multi family buildings . In terms of traffic, the proposed rezoning from RI-U to DG would not change things. In terms of appearance and signage, the design standards of DG will ensure that any new development is contextually sensitive to the existing neighborhood character. d. Availability of water and sewer ( state size of lines) - Water and sewer is available. A 6" water main runs east to west at the street on W stone street . A 6" sewer main runs east to west across the street from the property on W stone street. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans - The proposed zoning is consistent with City Plan 2040 and In alignment with the existing zoning and surrounding land uses, DG allows for appropriate infill and advances Fayetteville's goal to provide easier access to amenities and walkability. This lot is in very close proximity to Tier 1 center on the Growth concept map of the city plan 2040. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 9 of 16 Written description of request per the city of Fayetteville rezoning application f. Whether the proposed zoning is justified and/or needed at the time of request - The proposed zoning is needed to allow for the permitting and approval of a new 5-unit multi -family building by -right. G.whether the proposed zoning will create or appreciably increase traffic danger and congestion - the proposed rezoning will not change or increase traffic danger or congestion. H. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water and sewer facilities - rezoning the property as requested will not change or increase the load to public services. I. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification - The current zoning does not allow for the construction of a 5-unit multi -family building by -right. Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Page 10 of 16 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Sasi Sundaram / Apex property ventures llc , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following residential uses as defined by the ci , of Fayetteville Unified development code: use units 1,8,9,10,26,41,44 and 46 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) the height of the building(s) shall not exceed 3 stories 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paae 11 of 16 of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Sasi Sundaram/ Apex property ventures llc , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. im o,,, at, G , `2.c) ` -t Date 1543 Fianna place terrace Fort Smith AR 72908 Address STATE OF ARKANSAS } COUNTY OF WASHINGTON } Sasi Sundaram Printed Name Owner •� .. Title (if on behalf of business entity) Signature NOTARY OATH On this, the U day of M OJCCk-� , 20P, before me, the undersigned notary, personally appearedSA��i S---d0ev-(-1)Nn , known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. My Commission Expires: Da- °-w61 �11ARY POBLIC Planning Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paae 12 of 16 RZN-2024-0002 740 W. STONE ST One Mile View NORTH I0 0.13 0.25 0.5 Miles �I 1 1 RSF-4 P-1 f �J Subject Property 1 1 1 1 �1 11 1 1 I I 1 1 1 J MARTIN UT FIR 1do V Y��� i KING JR BLVD = C-1 1♦ RPZD RI-U QI CS m 0� RMF-24 1 1 ' I � 1-2 1 zoning � I-z c.n.r.l IrMa.iri.l Neighborhood Link - - - RESIDENTIAL SINGLE-FAMILY EXTRACTION Institutional Master Plan _ _ _ _ _ _ Ns-G = E-1 RI-U COMMERCIAL Regional Link - High Activity RI-iz R..id.nli.l-oFc. NS-L C-1 Urban Center _ R..m.nd&l ercunural � c-z RSF-.5 C-3 Unclassified _ RSF-1 FORM BASED DISTRICTS — Allay - _ RSF-z = Dcore RSF< Urban Tlwroughhr — Residential Link Main sv..l C.— RSFA Downlwm Gene Shared -Use Paved Trail " ❑ RSF-18 comm.n,y s.rvi.. RESIDENTIALMULTI-FAMILY N.ighborh—I Servkes Trail (Proposed) p RM- Neighborhood Conserredon Design Overlay District , _ _ _ _ _ 1 RMP-12 PLANNED ZONING DISTRICTS L-� g Y RMF-13 r , r r � Commercial. Intlusidal. ResitleMial r-_-- r IIII. RMF-2C �7 Fayetteville City Limits ----' Planning Area - ___ .RMF-0a INSTITUTIONAL P-1 1 1 Planning Area INDUSTRIAL Fayetteville City Limits _-- g I-, Hmvy C.mmarclalaM LlgM lnduattlal anninq Commission March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Page 13 of 16 RZN-2024-0002 Close Up View BULLDOG BLVD P-1 740 W. STONE ST z u W a Z, R QrI- �Q�' G W Q z a z Q RM x c.� m Urban Center Alley Residential Link _~ Planning Area ! - - Fayetteville City Limits PUT W a J Feet 0 75 150 300 450 600 1:2,400 NORTH Zone Current Proposed DG 0.0 0.2 RI-U 0.2 0.0 RMF-40 0.0 0.0 Total 0.2 ac March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 14 of 16 March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 15 of 16 RZN-2024-0002 Future Land Use C G t le City Neighborhood 8UL•L•66G�B Civic Institutional Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link i 1 Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District V m 740 W. STONE ST Subject Property —STONE: MIN = J 2 I MARTIN LUTHER � KING JR BLVD Non -Municipal � Government i PRAXIS LNG Feet 0 145 290 580 1:4,800 870 1,160 IJ I-- NORTH v r%-- 1 1 1 1 1 1 1 1 U 1 t 1 rCivic and Private :Ope' Space I ' I I . 1 \1 �1 1 1 ;1 \1 17 .— --- i 1 1 1 / City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center March 11, 2024 RZN-2024-0002 (APEX PROPERTY VENTURES LLC) Paqe 16 of 16 Received By: Brian Teague 04/09/2024 10:40 A.M. community.by.design ■ ♦ TOWN PLANNING.URBAN ENGINEERING April 9, 2024 Via Email: cityclerk@fayetteville-ar.gov Ms. Kara Paxton City Clerk - City of Fayetteville 113 West Mountain Street, Room 308 Fayetteville, Arkansas 72701 RE: Appeal RZN 2024 0002 — Revised Bill of Assurance Ms. Paxton, Since filing the original appeal letter on March 25, the owner of the property has decided to revise the Bill of Assurance (BOA) document associated with this item. I am attaching the revised notarized BOA to this correspondence for review by appropriate City officials and for consideration by the City Council. In addition to limiting the allowable building height on the property to 3-story and limiting development to residential use only, the revised BOA also limits development on the property to buildings containing 5 or less dwelling units per building. This is intended to limit the scale of any new buildings on the property to be similar to that of a single-family house. Please let me know if you have questions or need additional information. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 Fayetteville, AR 72701 479.790.6775 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain`approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner') Sasi Sundaram / Apex proper , ventures llc ; hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial. irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following residential uses as defined by the city of Fayetteville Unified development code: use units 1,8,9,10,26,41,44 and 46 2. Other restrictions including number and type of structures upon the property are limited to buildings that contain 5 or less dwelling units per building 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) the height of the building(s) shall not exceed 3 stories 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Sasi Sundararn/ Apex property ventures Ilc , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. l2 0 Z�y Date 1543 Fianna place terrace Fort Smith AR 72908 Address STATE OF ARKANSAS } COUNTY OF WASHINGTON } Sasi Sundaram Printed Name Owner S l -�c1 A4 Title (if on behalf of business entity) Signature NOTARY OATH On this, the e day of A- z::;; 20!3,+ before me, the undersigned notary, personally appeared known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign,the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. NOTARY P LIC (U1 My Commission Expires: . 0 l � j eajuI I do �, ®® M-203F�o �L 7 03 COIUIN;; \\\P�� Received By: Sasi Sundaramn 04/ 12/2024 1:38 P.M. RECEIVED APR 12 2024 BILL OF ASSURANCE CITY CLERK' OF IC E CITY CLERK'S OFFICE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Sasi Sundaram f Apex property ventures llc , hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following residential uses as defined by the city of Fayetteville Unified development code: use units L 8,910,26,41,44 and 46 2. Other restrictions including number and type of structures upon the property are limited to buildings that contain 5 or less dwelling units L)er building 3. Specific activities will not be allowed upon petitioner's property include 4. (Any other terms or conditions) _the height of the building(s) shall not e,ceed 3 stories 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Sasi Sundaram/ Apex property ventures llc , as the owner, developer, buyer, (Petitioner) voluntarily offer all such assurances and sign my name below. T j ( 1-� 2- Date 1543 Fianna place terrace Fort Smith AR 72908 Address STATE OF ARKANSAS } COUNTY OF WASHINGTON } Sasi Sundaram Printed Name Owner SCSC, V11 c Q� S'M Title (if on behalf of business entity) Signature NOTARY OATH On this, the 11-h day of 20w, before me, the undersigned notary, personally appeared JAilol J 0494wrwvn , known to me (or satisfactorily proven) to be the person(s) whose name is/ are subscribed to the above and, after being placed upon his/her/their oath, swore or affirmed that he/she/they were authorized to sign the above Bill of Assurance, agreed with the terms of the Bill of Assurance, and executed the same for the purposes therein contained. (,L77 NOTARY BLIC My Commission Expires: CANTgF 2037 9 FN 03. 'c�lr '�1''lq Form v1.46 NW4\ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED 113 W MOUNTAIN FAYETTEVILLE, AR 72701 MAY 1 4 2024 Ad number#: 402256 CITY OF FAYETTEVILLE PO#: CITY CLERKS OFFICE Matter of: ORD 6743 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 6743 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 tide 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$92.72. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 05/12/24;NWA nwaonline.com 05/12/24 Finance Director State of ARKANSAS,County of WASHINGTON,Subscribed and sworn to before me on this 13th day of May,2024 ,,,,, CATHERINE$TAQGS .o+m MY COMMISSION U 12402772 VEXPIRES:February 28,2025 CQ tie -)\ '�„K',� Washington County NOTARY PUBLIC Ordinance:6743 File Number: 2024-1880 APPEAL: REZONING-2024- 0002:(740 W.STONE ST./APEX PROPERTY VENTURES, LLC, 522): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN-2024- 0002 FOR APPROXIMATELY 0.24 ACRES LOCATED AT 740 WEST STONE STREET IN WARD 2 FROM RI-U, RESIDENTIAL IN- TERMEDIATE-URBAN TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayet- teville. Arkansas hereby changes the classification of the property shown on the map(Ex- hibit A)and the legal description (Exhibit B)both attached to the Planning Department's Agenda Memo from RI-U,Residential In- termediate-Urban to DG,Down- ton General. 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 May 7.2024 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:592.72 May 12 R 19 402256