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Home My WebLink AboutOrdinance 6781 • IIiI III III IIIII IUII Hill 111111111111101 IN IIIII II II lu ll IIII III Doc ID: 021747450003 Type: REL 4f♦YFII Kind: ORDINANCE �o F, Recorded: 09/09/2024 at 10:08:05 AM er Fee Amt: $25.00 Page 1 of 3 e Washington County, AR 1 Kyle Sylvester Circuit Clerk „` File2024-00023322 \-:-._so0 ARCHIVED113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6781 File Number: 2024-368 REZONING-2024-0034: (1731, 1815,& 1837 W. 18TH ST./ARNOLD,598): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-34 FOR APPROXIMATELY 9.10 ACRES LOCATED AT 1731, 1815, & 1837 WEST 18TH STREET IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single-Family, Four Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on August 6,2024 Approv d: Attest: ` �,��K/I F4 i 9 $.1,.... ...„pos FAYETTEVILLE_ •l'= r. L onel Jordan, Kara Paxton,City C erk Treasurer y�_: •,, %ice(P's /fANcJP)•��$ ti . �'�i. I'oth'N1C`;```� This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $95.E la Page 1 RZN-2024-0034 17317 1815 & 1837 W. 18TH ST RZN-2024-0034 Close up view EXHIBIT 'A' �% r `♦♦ m�mv� I ♦ c c� A`o�GI UT C-2 ♦ 4 P-1 OOP Town Branch Trail 18TH-ST I i ,I I ARROWHEAD -S' n z Lu co J Z M Unclassified Residential Link Hillside -Hilltop Overlay District — — — Trail (Proposed) Feet I —I Design Overlay District Planning Area 0 75 150 300 450 600 � — - _ ! Fayetteville City Limits 1 .2 ,400 1 A Zone Current Proposed RI-12 0.0 9.2 RI-U 0.0 0.0 RSF-4 9.2 0.0 Total 9.2 ac Legal Descriptions Lot 6 Deed RZN-2024-0034 EXHIBIT 'B' Lot Numbered Six (6) in Cornelius Subdivision of Fayetteville, Arkansas, being part of the Southeast quarter (SE'/a) of the Southwest Quarter (SW'/a) of Section Twenty (20) , Township Sixteen (16) North, Range Thirty (30) West of the Fifth Principal Meridian, containing One and Eighty-five Hundredths (1.85) acres, more or less. Lot 7-8 Deed Lots Seven (7) and Eight (8) in Cornelius Subdivision to the City of Fayetteville, Arkansas, as per plat of said Subdivision on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, at Plat Book Page 258. Lot 9-10 Lots Nine (9) and Ten (10) in Cornelius Sub -division to the City of Fayetteville, Arkansas, as per plat on file in the office of the Circuit Clerk of Washington County, State of Arkansas at Page 258 of the plat book. Washington County, AR I certify this instrument was filed on 09/09/2024 10:08:05 AM and recorded in Real Estate File Number 2024-00023322 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF AUGUST 6, 2024 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner CITY COUNCIL MEMO 2024-368 SUBJECT: RZN-2024-0034: Rezoning (1731, 1815, & 1837 W. 18TH STJARNOLD, 598): Submitted by CRAFTON TULL for property located at 1731, 1815, & 1837 W. 18TH ST. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 9.10 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: City planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is just southwest of the intersection of 18th Street and Beechwood Avenue in southwest Fayetteville. The property contains three parcels totaling 9.10 acres which are currently zoned RSF-4, Residential Single -Family, Four Units per Acre, and developed with single-family residences. The property received its current zoning designation as a result of a neighborhood -initiated rezoning in 2006 which downzoned the property from RMF-24, Residential Multi -Family, 24 Units per Acre. The subject property is within the boundaries of the Fayette Junction Master Plan which was adopted in 2009 as part of City Plan 2025. An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the far northwest corner of the property. The tributary is protected per the streamside protection ordinance, and its associated protection zone encumbers a portion of the site. Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: Prior to the Planning Commission, staff did not receive any public comment on the request. Comment received at the Planning Commission meeting is summarized below. Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area. The property is surrounded by single-family dwellings to the south and multi -family dwellings to the north. The proposed rezoning would allow for the by -right development of single-family to four -family dwellings at a density of 12 units per acre. Staff finds that a rezoning to RI-12 could complement the zoning pattern in the area which contains a variety of residential and mixed use districts such as RSF-4, RMF-24, NS-L, and CS. Where RSF-4 would currently allow for the creation of lots with a minimum width of 70 feet and a minimum Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 area of 8,000 square feet, a rezoning to RI-12 would allow lots with a minimum width of 50 feet and a minimum area of 5,000 square feet. With regard to setbacks, RSF-4 requires a 15-foot front and rear setback while RI-12 requires a 25-foot build -to zone and a five-foot or 20-foot rear setback. A small portion of the north and west sides of the property are encumbered by a protected stream and floodplain, and hydric soils are present on site. Any impacts to those areas would be fully evaluated at the time of development review. Staff finds that the proposed rezoning is not likely to adversely affect those areas given its relatively limited density allowance and the City's development regulations. Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as Residential Neighborhood Area and its Infill Matrix indicates a score range of 6-9. Staff finds that a rezoning to RI-12 would be aligned with those designations since Residential Neighborhood Areas are intended to encourage a wider variety of building types of appropriate scale and context, and since the property is in close proximity to public services and infrastructure. A rezoning from RSF-4 to RI-12 could also support Goal 1 of City Plan 2040 by encouraging infill, and it could support the Fayette Junction Neighborhood Plan by allowing for a gradual increase in residential density between the single-family neighborhood to the south and multi -family dwellings and nonresidential uses to the north. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range of 6-9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 900 S. Hollywood Ave • Near Water Main (12-inch main, 18th Street) • Near Sewer Main (6-inch main, 18th Street) • Near U of A Campus • Near City Park (Town Branch Trail Corridor) • Near Paved Trail (Town Branch Trail) • Near ORT Bus Stop (Baum Stadium Stop) • Near Razorback Bus Stop (Route 48) • Within Master Plan Area (Fayette Junction Neighborhood Plan) DISCUSSION: At the July 8, 2024, Planning Commission meeting, a vote of 7-0-1 forwarded this request to City Council with a recommendation of approval. Commissioner Werner made the motion and Commissioner McGetrick seconded it. Commissioner Cabe recused. Commissioner Werner stated that he would support the applicant's request since it would allow for a greater variety of housing types. Commissioner Payne empathized with the members of the public who spoke at the meeting, but said that he would support the requested rezoning since it aligns with the City's planning objectives. Three members of the public spoke at the meeting. Two expressed their opposition to the proposed rezoning and said that RI-12 would allow too much density and adversely affect the character of the neighborhood. The other member of the public expressed their support for the proposed rezoning, finding RI-12 to be more favorable than the applicant's original request to rezone the property to RMF-24. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6), Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Topography Exhibit (#7) 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 #: 2024-368 RZN-2024-0034: Rezoning (1731, 1815, & 1837 W. 18TH STJARNOLD, 598): Submitted by CRAFTON TULL for property located at 1731, 1815, & 1837 W. 18TH ST. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 9.10 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-34 FOR APPROXIMATELY 9.10 ACRES LOCATED AT 1731, 1815, & 1837 WEST 18TH STREET IN WARD 1 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, Four Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-368 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-2024-0034: Rezoning (1731, 1815, & 1837 W. 18TH ST./ARNOLD, 598): Submitted by CRAFTON TULL for property located at 1731, 1815, & 1837 W. 18TH ST. in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 9.10 acres. The request is to rezone the property to RI- 12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: _CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: July 8, 2024 (updated with results) SUBJECT: RZN-2024-0034: Rezoning (1731, 1815, & 1837 W. 18T" STJARNOLD, 598): Submitted by CRAFTON TULL for property located at 1731, 1815, & 1837 W. 18T" ST. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 9.10 acres. The request is to rezone the property to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2024-0034 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0034 to the City Council with a recommendation of approval." BACKGROUND: The subject property is just southwest of the intersection of 18' Street and Beechwood Avenue in southwest Fayetteville. The property contains three parcels totaling 9.10 acres which are currently zoned RSF-4, Residential Single -Family, Four Units per Acre, and developed with single-family residences. The property received its current zoning designation as a result of a neighborhood -initiated rezoning in 2006 which downzoned the property from RMF-24, Residential Multi -Family, 24 Units per Acre. The subject property is within the boundaries of the Fayette Junction Master Plan which was adopted in 2009 as part of City Plan 2025. An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the far northwest corner of the property. The tributary is protected per the streamside protection ordinance, and its associated protection zone encumbers a portion of the site. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning Town Branch Trail Corridor P-1, Institutional North Undeveloped C-2, Thoroughfare Commercial UT, Urban Thoroughfare South Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre East Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Single -Family Residential C-1, Neighborhood Commercial Undeveloped RI-U, Residential Intermediate -Urban Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 1 of 14 Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RI-12, Residential Intermediate, 12 Units per Acre. Public Comment: To date, staff has not received any public comment on the request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along 181" Street. 18" Street is a partially improved Residential Link Street with asphalt paving and open ditches. 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 12-inch water main is present on the south side of 18t" Street. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main is present on the south side of 18t" Street. Drainage: Any improvements or requirements for drainage will be determined at the time of development submittal. No portion of the subject property lies within the Hillside/Hilltop Overlay District though a FEMA-designated floodplain, protected stream, and hydric soils are present on site. Since a FEMA-designated floodplain is present, a floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones and may require additional documentation, such as flood studies or elevation certificates, depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. Streamside protection zones generally consist of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it is 50 feet wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially wider. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. Hydric soils are 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 6, located at 900 S. Hollywood Ave., protects this site. The property is located approximately 1.1 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 2 of 14 time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RMF-24, Residential Multi -Family, 24 Units per Acre, requires 20% minimum canopy preservation. The current zoning district, RSF- 4, Residential Single -Family, Four Units per Acre, requires 25% 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 Area within the Fayette Junction Neighborhood Plan area. 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. The Fayette Junction Master Plan is the City's second complete neighborhood plan, adopted in the Spring of 2009, as part of City Plan 2025. The plan aims to integrate the built and natural environment to support a clean tech cluster, a multi -modal transit hub, and support the protection of, and expansion to, the neighborhoods within the Fayette Junction area. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 6-9 for this site with a weighted score of 10 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 900 S. Hollywood Ave.) • Near Water Main (12-inch main, 18th Street) • Near Sewer Main (6-inch main, 18th Street) • Near U of A Campus • Near City Park (Town Branch Trail Corridor) • Near Paved Trail (Town Branch Trail) • Near ORT Bus Stop (Baum Stadium Stop) • Near Razorback Bus Stop (Route 48) • Within Master Plan Area (Fayette Junction Neighborhood Plan) 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. Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 3 of 14 Finding: Land Use Compatibility: Staff finds the requested rezoning to be compatible with the surrounding area. The property is surrounded by single-family dwellings to the south and multi -family dwellings to the north. The proposed rezoning would allow for the by -right development of single-family to four - family dwellings at a density of 12 units per acre. Staff finds that a rezoning to RI-12 could complement the zoning pattern in the area which contains a variety of residential and mixed use districts such as RSF-4, RMF-24, NS-L, and CS. Where RSF-4 would currently allow for the creation of lots with a minimum width of 70 feet and a minimum area of 8,000 square feet, a rezoning to RI-12 would allow lots with a minimum width of 50 feet and a minimum area of 5,000 square feet. With regard to setbacks, RSF-4 requires a 15-foot front and rear setback while RI-12 requires a 25-foot build -to zone and a five-foot or 20-foot rear setback. A small portion of the north and west sides of the property are encumbered by a protected stream and floodplain, and hydric soils are present on site. Any impacts to those areas would be fully evaluated at the time of development review. Staff finds that the proposed rezoning is not likely to adversely affect those areas given its relatively limited density allowance and the City's development regulations. Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's adopted land use plans. City Plan 2O4O's Future Land Use Map designates the property as Residential Neighborhood Area and its Infill Matrix indicates a score range of 6-9. Staff finds that a rezoning to RI-12 would be aligned with those designations since Residential Neighborhood Areas are intended to encourage a wider variety of building types of appropriate scale and context, and since the property is in close proximity to public services and infrastructure. A rezoning from RSF-4 to RI-12 could also support Goal 1 of City Plan 2040 by encouraging infill, and it could support the Fayette Junction Neighborhood Plan by allowing for a gradual increase in residential density between the single-family neighborhood to the south and multi -family dwellings and nonresidential uses to the north. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that there is sufficient justification for rezoning the property from RSF-4 to RI-12 since the proposed rezoning would be consistent with the property's future land use designation as Residential Neighborhood Area and be aligned with the goals of City Plan 2040 and the Fayette Junction Neighborhood Plan. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from RSF-4 to RI-12 has the potential to increase vehicular traffic in the area when considering that RI-12 would allow for more dense residential development. However, staff finds that the property's proximity to nonresidential uses, bus routes, and trails may help reduce the number of vehicle trips generated by future development and limit impacts on vehicular traffic congestion and danger. Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 4 of 14 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 RSF-4 to RI-12 has the potential to alter the population density since RI-12 would allow for increased residential development. Given the property's proximity to public streets, water, and sewer, staff finds that the proposed rezoning is not likely to undesirably increase the load on public services. Any necessary upgrades or improvements to existing infrastructure 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 recommends forwarding RZN-2024-0034 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Date: July 8, 2024 O Tabled Motion: Werner Second: McGetrick Vote: 7-0-1 BUDGET/STAFF IMPACT: None ATTACHMENTS: Required YES O Forwarded O Denied with a recommendation of approval. • Unified Development Code o §161.07 District RSF-4, Residential Single -Family — Four (4) Units Per Acre o §161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map • Public Comment Received After Publication of Planning Commission Staff Report Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 5 of 14 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 6 of 14 161.11 District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (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 36 Wireless communications facilities (C) Density. Units per acre 1 12 (D) Bulk and Area Regulations. Single- Two (2) family Three (3) and family four 4 family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 square 7,260 square 10,890 square minimum feet feet feet. (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Uses & Two (2) Uses Single family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* * 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. Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 7 of 14 (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IIA); Ord. No. 3128, 10-1-85; Code 1991, §160.032; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3-09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20- 10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§4, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l(Exh. C), 2, 4-20-21; Ord. No. 6658, §2(Exh. A), 5-2-23) Planning Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 8 of 14 WILLIAM P. WATKINS, in, P.A. RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREw T. CURRY, P.A. WILLIAM A. KELLSTROM *ALSO LICENSED IN MISSOURI City of Fayetteville Planning Department 125 W. Mountain Street Fayetteville, AR 72701 RE: RZN-2024-0034 Dear Planning Staff: WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com June 27, 2024 DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER This letter is intended to accompany a rezone request for Parcel Nos. 765-04064-000, 765-04065-000, and 765-04066-000, located at 1731 W. 181h St., 1815 W. 18`h St., and 1837 W. 181h St. in South Fayetteville ("the Property"). The Property is currently zoned RSF-4, Residential Single Family — 4 Units per Acre. The applicant is requesting that it be rezoned to RI-12, Residential Intermediate —Twelve (12) Units Per Acre. This request is in line with many of the surrounding zoning districts. To the West of the site is RI-U and, to the East, is RMF-24. Additionally, there is UT, C-1 and C-2 just Northwest of the site, as well as RMF-24 north of the site. RSF-4 is located to the South of the site. Further, a rezoning to RI-12 would act as a buffer between the single family housing to the South and the multiple student oriented multi -family properties to the North. This property is near both Interstate 49 (Freeway/Expressway) and Razorback Road (Regional Link) and in a prime location for a higher density development. This parcel is also part of the Fayette Junction Neighborhood Plan adopted in Spring of 2009, which shows this area as higher density single-family residential. This rezoning would encourage infill and development of missing middle housing and would provide the opportunity to diversity housing stock in an area that is largely comprised of student -oriented multi -family and single family housing. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(a),watkinslawoffice.com. WK: 1106 WEST POPLAR STREET ROGERS, AR 72756 PH: 479-636-2168 FX: 479-636-6098 W W W.WATKINSLAW OFFICE.COM Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION CIVIL LITIGATION, COMMERCIAL RJaftRj39Q1TDaSIWbLLECTION July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 9 of 14 RZN-2024-0034 1731, 1815 & 1837 W. 18TH ST One Mile View NORTH GI 0 0.13 0.25 0.5 Miles Yj 1 Q CS QI \ C-2 �#0 00I \ ' O� F-12 ` G1 �1 1 O I-2 OI << = 111, 15TH 15THISI 15TH'ST=15�N .51 _ RSF-1 \ �\ �N RPZD :\ % 't UT 1 �\ Subject Property � RS -4 I' C-1 \ I \ I PTT 1 I � I � 1 r 1 1 CATO SPRINGS RD 70 � I NS-L 1 i � I V �\ R1 1 / I y Regional Link - - - zoning RESIDENTIAL SINGLE-FAMILY � I-z canarel maaalrinl EXTRACTION IIIIIIII� Neighborhood Link _ _ _ _ _ _ Nsc RI-U ii E-1 COMMERCIAL Regional Link - High Activity � RI-1z III NS.L Re iidend.1-orra C-1 Freeway/Expressway _ Resmenn&l ermeneral Is IIIIIIIII c-z C-3 Unclassfied _ RSF-1 FORM BASED DISTRICTS — Residential Link _ RsR-z SF< Downtown core Lr Tlwro rh,i Planned Neighborhood Link RSF-� RSFA mainsheetC.— Dmm— I-- -- Shared -Use Paved Trail " RSF-1e RESIDENTIAL MULTI �commamy sarvi�a — — Trail (Proposed) p -FAMILY RM- NeigM1borM1aatl Servkes NeigM1bo vA ConserreYon Design Overlay DISIrICi L - � g Y r , _ _ _ _ _ 1 � r r l ii RMIts Ittt. RMF-13 PLANNED ZONING DISTRICTS IIIIIIIII Commercial. IntlusNal. ResitleMial — —� Fayetteville City Limits ' ' Planning Area '---='- __! II�RMF-2a RMF g INSTITUTIONAL 1 1 Planning Area Fayetteville City Limits g INDUSTRIAL I-1 Heavy Commercial and Light R 1 lndusl4 anninq Commission July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 11 of 14 RZN-2024-0034 17317 1815 & 1837 W. 18TH ST Close Up View *4 r `♦♦ mS I ♦ c c� Ao d P-1 18TH-ST i ,1 I ARROWHEAD -S' n z LU J Unclassified Residential Link Hillside -Hilltop Overlay District — — — Trail (Proposed) Feet I —I Design Overlay District Planning Area 0 75 150 300 450 600 _ ! Fayetteville City Limits 1 .2 ,400 Q Town Branch Trail 1 A Zone Current Proposed RI-12 0.0 9.2 RI-U 0.0 0.0 RSF-4 9.2 0.0 Total 9.2 ac July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 12 of 14 July 8, 2024 RZN-2024-0034 (ARNOLD) Paqe 13 of 14 RZN-2024-0034 Future Land Use F I 1 i i i Natural '1 I 1 ----- - - - - - , 1 i Rural 17317 1815 & 1837 W. 18TH ST Rb-sidential / i 1 " i / I Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway - Unclassified - Residential Link Planned Neighborhood Link i 1 Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District NORTH I Y Q qu � m Urban Center N \ Q Industrial s 15TH tST- eighoorhood Subjec4Neighborhc i � / I I Ot t 1 � t ll 1 t \ O � I / / i NdrLMunicipal Allor Government Y Jbil City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 305 610 1,220 1,830 2,440 Residential Neighborhood 1:10,000 Rural Residential Urban Center July 8, 2024 RZN-2024-0034 (ARNOLD) Pace 14 of 14 From: Wonsower, Donna <dwonsower@fayetteville-ar.gov> Sent: Friday, July 5, 2024 3:36 PM To: Masters, Jessica <jmasters@fayetteville-ar.gov> Subject: RZN-2024-0033 & 0034 Public Comment Jessie, I had a lengthy conversation with one of the neighbors adjacent to RZN-2024-0033 & 0034. The talking points are summarized below: • Concerned about proposed increase in density and effect on neighborhood • Very concerned about potential 3-story buildings adjacent to existing 1-story residences, explained that 3-story residences could be built by right now under the existing RSF-4 district. Wanted to know if it's possible for the city to reduce heights, and I informed her that the city cannot lower the height restrictions allowed by zoning but that the applicant could self -limit. • Does not want to see development in streamside zone • Very concerned that not enough affordable housing is being built in the city Best Regards, Donna Wonsower, AICP Planner, Development Services CS��tUIe of Cer6 a , A d E � Q AICP CERTIFIED 479-575-8358 Website I Facebook I Twitter I Instagram I YouTube CITY OF WiM FAYETTEVILLE ARKANSAS Received From: Jonathan Curth 08/01/2024 3:27 PM FW 17-1_ T011[rt Brallclt 1701 11683 16SS 16:I1 s, -- O , ,, 1841 1846 I W Sligo St J1919 - i5 0 0.01 0.03 1 ,0.05 mi The data contained herein w ,mpil,d from various sources for the sole us and benefit of the City of Fayetteville Geographic Information System and the public agencies It serves. Any use of the data by anyone other than the City of Fayetteville Is at the sole risk of the user, and by acceptance of this data, the user does hereby agree to indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any claims, actions, cost for damages of any nature, including the city's ,at of Exhibit defense asserted by user or by another arising from the use of this data. The City of Fayetleville makes no express or impill were "M with reference to the data. No word, phrase, or clause found herein shall be construed to waive that tor[ immunity sat forth under Arkansas law. 24 Fayetteville, AR Created City 11 Fa Cap Al: City of Fayetteville, AIR Map Author: . Form vl.52 media NV\ Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113WMOUNTAIN RECEIVED FAYETTEVILLE,AR 72701 AUG 13 2024 Ad number#: 428535 CITY OF FAYETTEVILLE PO #: CITY CLERKS OFFICE Matter of: ORD 6781 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 6781 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 08/11/24;NWA nwaonline.com 08/11/24 0 /yr 0;11uiritu ,/12,71a1.44eAfi_.;-,) ,;‘,.A7- \\lc( 8..A ///,, �15510;i' •6:2 Legal Cle �/ O:...• 2Q-•�� oTARY ter: State of ARKANSAS,County of Sebastian ; �go.IS Subscribed and sworn to before me on this 12th day of August, 2024 = '. PUBL\G no:: NO ARY PUBLIC Ordinance:6781 File Number: 2024-368 REZONING-2024-0034: (1731,1815.8 1837 W.18TH STJARNOLD,598): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 34 FOR APPROXIMATELY 9.10 ACRES LOCATED AT 1731,1815, &1837 WEST 18TH STREET IN WARD 1 FROM RSF-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-12,RES- IDENTIAL INTERMEDIATE, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map(Exhibit A)and the legal description(Ex- hibit B)both attached to the Planning Department's Agenda Memo from RSF-4,Residential Single-Family. Four Units per Acre to RI-12,Residential In ter- mediate,12 Units per Acre. Section 2:That me City Coun- cil al 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: Lioneld 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:S95.76 August 11.2024 428535