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HomeMy WebLinkAboutOrdinance 6779 • //IIIII////I/I III IIII I I I I II I I I II IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII III/III/ Doc ID: 021747430003 Type: REL cnrr,, Kind: ORDINANCE Recorded: 09/09/2024 at 10:07:32 AM `. Fee Amt: $25.00 Paqe 1 of 3 it 10 � Kyle1ngton Sylvesternty Circuit Clerk ARCHIVED : K�:�►s File2024-00023320 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6779 File Number: 2024-338 REZONING-2024-0032: (439 S. CHURCH AVE./PBS PROPERTIES LLC,523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-32 FOR APPROXIMATELY 0.32 ACRES LOCATED AT 439 SOUTH CHURCH 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. PASSED and APPROVED on August 6,2024 Appro ed: Attest: ‘‘\- /.01111•TRH/' • ion Id Jordan, or Kara Paxton,City Cler Treasurer = :FAYETTEVILLE . This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $q Z, 7 1- Page 1 RZN-2024-0032 439 S. CHURCH AVE Exhibit 'A' a RZN-2024-0032 Close Up View 1 L 111•1111111 Im a al I cii ril = Q _1IP la i' �-SOUTH,ST v rrIIII I I i / 11 - n,r #� NI0 NELSON HAGKETT■BEND Q RSF-18 ti 4TH ST�� �'F v Subject Property g O ii II di PRAIRIE ' Q STal 1. Pro:_.( Pt W • a 5TH.ST� AF ------- 5TH ST G -- m • O All W _ Q _ III III al0 ® - _ f 1■ ■ w x Pill cn : tu I as MARTIN LUTHER I KING JR BLVDMN 1111 MEN I ElZg ` DG al Qm . 7TH•ST * ' IP NORTH Neighborhood Link Zone Current Proposed - Regional Link-High Activity NC 0.3 0.0 simmni RI-U 0.0 0.3 Urban Center - Residential Link Feet i_ __! Design Overlay District min mmiiiim I-• Planning Area 0 75 150 300 450 600 ;__I Fayetteville City Limits 1:2,400 Total 0.3 ac Exhibit 'B' RZN-2024-0032 PARCEL NUMBER 765-07131-000 ALL OF LOT 5 AND ALL OF LOT 6 OF BLOCK 26 OF THE JENNINGS ADDITION TO THE CITY OF FAYETTEVILLE,WASHINGTON COUNTY,ARKANSAS. ALSO DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN FOUND AT THE SOUTHEAST CORNER OF SAID LOT 6 OF BLOCK 26 OF THE JENNINGS ADDITION, BEING ON THE WEST RIGHT-OF-WAY LINE OF S. CHURCH AVENUE(40' R/W);THENCE N87°40'34"W 140.89 FEET TO AN IRON PIN FOUND AT THE SOUTHWEST CORNER OF SAID LOT 6;THENCE NO2°14'24"E 100.00 FEET TO AN IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID LOT 5 OF BLOCK 26 OF THE JENNINGS ADDITION;THENCE S87°40'34"E 141.32 FEET THE NORTHEAST CORNER OF SAID LOT 5, BEING ON THE WEST RIGHT-OF-WAY LINE OF SAID S. CHURCH AVENUE;THENCE ALONG SAID WEST RIGHT-OF-WAY LINE S02°26'06"W 100.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.32 ACRES, MORE OR LESS. SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. Washington County,AR I certify this instrument was filed on 09/09/2024 10:07:32 AM and recorded in Real Estate File Number 2024-00023320 Kyle Sylvester- Circuit Clerk by . _ X.._...._..._„ CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2024 CITY COUNCIL MEMO 2024-338 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-2024-0032: Rezoning (439 S. CHURCH AVE./PBS PROPERTIES LLC, 523): Submitted by SITEWISE CIVIL ENGINEERING PLLC for property located at 439 S. CHURCH AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.32 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 350 feet north of the intersection of S. Church Ave. and W. Martin Luther King Jr. Blvd. The property contains approximately 0.32 acres and is developed with a single-family dwelling constructed around 1940, according to Washington County Assessor records. The property is in the 71 B Corridor Plan and Downtown Master Plan areas, and it received its current zoning designation of NC, Neighborhood Conservation as a result of the latter plan in 2006. 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 no public comment on this item, but did receive one general inquiry via phone. 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 encourage development of attached and detached dwellings to provide a range of housing types and meet the demands for walkable urban living. The subject property is adjacent to single-family properties to the east, south, and west and undeveloped property to the north. Properties to the north and east are zoned NC, properties to the west are zoned DG, Downtown General, and the property to the south is zoned RI-U. There are also nearby commercial uses. While the immediate vicinity is currently developed with single-family dwellings, a rezoning to RI-U could allow for higher density residential development consisting of single- to four -family dwellings, which is consistent with the variety of housing in the wider area. The property itself is of a relatively small size and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 located mid -block with public right-of-way platted to the south. Rezoning to RI-U would reduce the bulk and area requirements from 40-feet-wide lots with a 4,000 square -foot minimum area, to 18-foot-wide lots with no minimum area. Essential City services are available to the site, and other public amenities are located nearby. Given the size of the site, proximity to public services and amenities, and the availability of public right-of-way, staff finds the proposed rezoning to be appropriate. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans. The proposed zoning complements the property's Future Land Use Map designation as Residential Neighborhood area since it would support a variety of housing types of appropriate scale and context. A rezoning to RI-U would meet several goals of City Plan 2040 by encouraging appropriate infill development (Goals 1, 2, and 6). While the current zoning of NC is intended to encourage low -density, single-family residential development, RI-U allows additional housing diversity in larger numbers that could bridge the gap between 5th Street through the platted right-of-way to the south of the property, which would support Goal 3 of City Plan 2040. The subject property is in the Mill Subdistrict of the 71 B Corridor Plan. Establishing a commercial/residential edge between School and Locust Avenue and encouraging moderate -density attainable urban housing between Locust and Church Avenue were guiding principles identified for this subdistrict. The subject property is also located within the Downtown Master Plan area. Rezoning to RI-U would support downtown living and walkability, key principles of the Downtown Master Plan. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (8-inch main, S. Church Ave.) • Near Water Main (6-inch main, S. Church Ave.) • Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.) • Near UA Campus • Near City Park (Walker Park, Lower Ramble) • Near Paved Trail (W. 7th St. Bike Lane; Razorback Greenway) • Near Transit (ORT Route 20) • Master Plan Area (Downtown Master Plan; 71 B Corridor Plan) • Sufficient Intersection Density DISCUSSION: At the July 8, 2024 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. The commissioners cited future land use compatibility and staff recommendations as noted in the report as reasons for approval. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning 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 #: 2024-338 RZN-2024-0032: Rezoning (439 S. CHURCH AVE./PBS PROPERTIES LLC, 523): Submitted by SITEWISE CIVIL ENGINEERING PLLC for property located at 439 S. CHURCH AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.32 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 2024-32 FOR APPROXIMATELY 0.32 ACRES LOCATED AT 439 SOUTH CHURCH 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. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-338 Item ID 8/6/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 7/19/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0032: Rezoning (439 S. CHURCH AVE./PBS PROPERTIES LLC, 523): Submitted by SITEWISE CIVIL ENGINEERING PLLC for property located at 439 S. CHURCH AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.32 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Kylee Cole, Planner MEETING DATE: July 8, 2024 SUBJECT: RZN-2024-0032: Rezoning (439 S. CHURCH AVE./PBS PROPERTIES LLC, 523): Submitted by SITEWISE CIVIL ENGINEERING PLLC for property located at 439 S. CHURCH AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.32 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommend forwarding RZN-2024-0032 to City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2024-0032 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville approximately 350 feet north of the intersection of S. Church Ave. and W. Martin Luther King Jr. Blvd. The property contains approximately 0.32 acres and is developed with a single-family dwelling constructed around 1940, according to Washington County Assessor records. The property is in the 71 B Corridor Plan and Downtown Master Plan areas, and it received its current zoning designation of NC, Neighborhood Conservation as a result of the latter plan in 2006. Surrounding land uses and zoning are listed in Table 1. Table 1: Surroundinq Land Uses and Zoning Direction Land Use Zoning North Undeveloped NC, Neighborhood Conservation South Single -Family Residential RI-U, Residential Intermediate - Urban East Single -Family Residential NC, Neighborhood Conservation West Single -Family Residential DG, Downtown General 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 no public comment on this item, but did receive one general inquiry via phone. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property has frontage along S. Church Ave., a partially improved Downtown/Urban Street with asphalt paving, curb and gutter, and sidewalk along Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 1 of 12 the east side. Any additional street improvements would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present on the west side of S. Church Ave. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present on the west side of S. Church Ave. 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 0.6 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 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 current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. The proposed 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 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 10 for this site with a weighted score of 13.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Sewer Main (8-inch main, S. Church Ave.) • Near Water Main (6-inch main, S. Church Ave). • Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.) • Near UA Campus Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 2 of 12 • Near City Park (Walker Park, Lower Ramble) • Near Paved Trail (W. 7t" St. Bike Lane; Razorback Greenway) • Master Plan Area (Downtown Master Plan; 71 B Corridor Plan) • 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 RI-U to be compatible with the surrounding area. The intent of the RI-U zoning district is to encourage development of attached and detached dwellings to provide a range of housing types and meet the demands for walkable urban living. The subject property is adjacent to single-family properties to the east, south, and west and undeveloped property to the north. Properties to the north and east are zoned NC, properties to the west are zoned DG, and the property to the south is zoned RI-U. There are also nearby commercial uses. While the immediate vicinity is currently developed with single-family dwellings, a rezoning to RI-U could allow for higher density residential development consisting of single- to four -family dwellings. The property itself is of a relatively small size and located mid -block with public right-of- way platted to the south. Rezoning to RI-U would reduce the bulk and area requirements from 40-feet-wide lots with a 4,000 square -foot minimum area, to 18-foot-wide lots with no minimum area. to Essential City services are available to the site, and other public amenities are located nearby. Given the size of the site, proximity to public services and amenities, and the availability of public right-of-way, staff finds the proposed rezoning to be appropriate. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans. The proposed zoning complements the property's Future Land Use Map designation as Residential Neighborhood area since it would support a variety of housing types of appropriate scale and context. A rezoning to RI-U would meet several goals of City Plan 2040 by encouraging appropriate infill development (Goals 1, 2, and 6). While the current zoning of NC is intended to encourage low -density, single-family residential development, RI-U allows higher density residential development that could bridge the gap between 5t" Street through the platted right-of-way to the south of the property, which would support Goal 3 of City Plan 2040. The subject property is in the Mill Subdistrict of the 71B Corridor Plan. Establishing a commercial/residential edge between School and Locust Avenue and encouraging moderate -density attainable urban housing between Locust and Church Avenue were guiding principles identified for this subdistrict. The subject property is also located within the Downtown Master Plan area. Rezoning to RI-U would support downtown living and walkability, key principles of the Downtown Master Plan. Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 3 of 12 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that there is sufficient justification to rezone the property from NC to RI-U since the rezoning would be consistent with the property's future land use designation and supports several goals of City Plan 2040 and relevant master plans. 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 does have the potential to increase traffic danger and congestion due to increased density. Potential development would have frontage along S. Church Ave., a Downtown/Urban Street, and platted right- of-way. Access management will be reviewed at the time of development. The property is also in proximity to Ozark Regional Transit bus stops and other walkable amenities, which may mitigate some traffic. 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, the property currently has access to public streets, water, and sewers, and any necessary improvements would be determined at the time of development. 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 recommend forwarding RZN-2024-0032 to City Council with a recommendation of approval. Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 4 of 12 (PLANNING COMMISSION ACTION: Required YES (Date: July 8, 2024 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code o §161.12 — District RI-U, Residential Intermediate - Urban o §161.29 — Neighborhood Conservation • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 5 of 12 161.12 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. (H) Minimum Buildable Street Frontage. 50% of the lot width. Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 6 of 12 161.29 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 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 7 of 12 May 24, 2024 Jessica Masters Development Review Manager 125 W Mountain Street Fayetteville, AR 72701 RE: 439 S Church Ave - Rezone Application SITEWISE —CIVIL ENGINEERING — CITY OF FAYETTEVILLE ARKANS ARKANSAS We are requesting to rezone the property addressed 439 S Church Ave (Parcel # 765-07131- 000) from NC, Neighborhood Conservation to RI-U, Residential Intermediate - Urban. The intent of this rezone request is to afford flexibility in housing types and density while maintaining compatibility in scale with the surrounding single-family housing in neighboring NC -zoned properties. The subject property is located near the intersection of W Martin Luther King Jr. Blvd and S Nelson Hackett Blvd. The 0.3-acre site is currently zone NC, Neighborhood Conservation and contains a single-family residence. The property is situated within the Downtown Neighborhood Plan and 71 B Corridor plan. The Future Land Use according to the City Plan 2040 is Residential Neighborhood. The rezone from NC to RI-U will provide the opportunity for increased residential density that we believe is appropriate given the surrounding land uses. With DG, Downtown General zoning to the West and NC, Neighborhood Conservation to the east, RI-U acts as a natural transition zone. An infill score of 12 suggests that this property is an appropriate location for strategic density in our growing city. We believe the adjacent alley right-of-way adjacent to the south further complements this rezone request by providing additional opportunities for improved site access and traffic control. Thank you for your consideration. If I can be of any further assistance please contact me at zhixsonPsitewisecivil.com. Resaectfully submitted, yj�— Zach Hixson, PE Planning Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 8 of 12 July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Page 9 of 12 RZN-2024-0032 Future Land Use 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 439 S. CHURCH AVE Subject Property N W r' kTd 01i ----- city Neighborhood Feet 0 305 610 1,220 1:10,000 a W ■ i 1,830 2,440 IORTH Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 10 of 12 RZN-2024-0032 Close Up View C-2 Neighborhood Link Regional Link - High Activity Urban Center Residential Link _ Design Overlay District Planning Area Fayetteville City Limits 439 S. CHURCH AVE 11616UL' ��2,j SOUTH�ST�I KING JR BLVD"� 7TI Feet Zone Current Proposed NC 0.3 0.0 RI-U 0.0 0.3 0 75 150 300 450 600 I 1:2,400 Total 0.3 ac July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 11 of 12 RZN-2024-0032 Current Land Use 439 S. CHURCH AVE dim- !,., `� .. "War, 4 - -j Mixed Residential Ilk - i C �®i Ink ORTH #_T PRAIRIE ': - ; Commercial and I Multi -Family Residential Single -Family Residential „ w V co — — MARTIN LUTHER :KING JR BLVD AE 12'- AI Zone AE i �. Single -Family Residential 1251.7 and Institutional 7TN'ST N 1249.1' ESE 8 �i� c 1 T YTS Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Urban Center - Unclassified 100-Year Floodplain - Alley Feet Floodway - Residential Link Trail (Proposed) 0 112.5 225 450 675 900 -_ Planning Area �r Fayetteville City Limits 1:3, 600 Design Overlay District annlnq Commission July 8, 2024 RZN-2024-0032 (PBS PROPERTIES) Paqe 12 of 12 Form v1.52 A 40‘ media Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI RECEIVED 113 W MOUNTAIN FAYETTEVILLE,AR 72701 AUG 13 2024 Ad number#: 428431 CITY PO #: CITYOF CLERK'S 0 FIICE Matter of: ORD 6779 AFFIDAVIT•STATE OF ARKANSAS I, Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk 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 6779 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$92.72. (Includes S0.00 Affidavit Charge). NWA Democrat Gazette 08/11/24;NWA nwaonline.com 08/11/24 (14Z 410/ U \,\\ Gy BRAS '''`: Legal Clerk oJ C\-••...* s ;; F : r.�.2T ZC'�:a State of ARKANSAS,County of Sebastian _ :> �`,A ,- Subscribed and sworn to before me on this 12th day of August,2024 =r^:• p ,C 4.7 ARY PUBLIC Ordinance:6779 Fie Number: 2024-338 REZONING-2024.0032:(439 S.CHURCH AVE./PBS PROPER- TIES LLC,523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETmON RZN 2024- 32 FOR APPROXIMATELY 0.32 ACRES LOCATED AT 439 SOUTH CHURCH AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U,RESI- DENTIAL 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 Fayet- teville, Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal de- scription (Exhibit B) both at- tached to the Planning Department's Agenda Memo from NC,Neighborhood Conser- vation to RI-U,Residential Inter- mediate-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 August 6,2024 Approved: Linneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treas- urer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:$92.72 August 11.2024 428431