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Home My WebLink AboutOrdinance 6805 Sinifillantin iii iiii ; 'F Doc ID: 021855580003 Type: R o` F.YE , Kind: ORDINANCE << RecordFee et Am : $25.00d: 215/.18/2024Paste ito0ff2320:25 PM Washington County. AR mo � Kyle svlv4 00030368 s Fi1e20 est 24 rk AK4 N5� 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6805 File Number: 2024-654 I REZONING-2024-0043:(1236 W. MT.COMFORT RD./SCHWARTING,404): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-43 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1236 WEST MOUNT COMFORT ROAD IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, 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 RSF-4, Residential Single-Family, Four Units per Acre, 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 November 12,2024 Approv•i Attest: ALAkdae -10r A ""------- !/ ,P neld Jord. o or J heltogoSernuv duty City Clerk .`�G' 01'' OF 0.c,,p : FAYETTEVILLE : 1-,q%'gRKAN`�P,.• �? i �` This publication was paid for by the City Clerk-Treasurer of the Cit}/k 4 Lille, Arkansas. Amount Paid: $q GJ -I 0 Page 1 RZN-2024-0043 1236 W. MOUNT COMFORT I Exhibit 'A' Close Up View RD RZN-2024-0043 j MOUNT CO4jFORT RD z O F— RI-12 W ziQ HENDRIX•ST W Q RSF-18 z O R-0 C- I `(--OMFORT-RD 01 JAMES ST ! z W x CS 41 z NORTH Zone Current Proposed Regional Link - High Activity RI-U 0.0 0.3 Unclassified RSF-4 0.3 0.0 Residential Link Feet - - Trail (Proposed) Planning Area 0 75 150 300 450 600 Fayetteville City Limits 1 :2,400 Total 0.3 ac Exhibit 'B' RZN-2024-0043 1236 W. Mount Comfort Legal Description PT SE NE 0 .45 AC FURTHER DESCRIBED IN 2016-30712 AS: APART OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 16 NORTH OF RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULALRY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNNG AT A POINT IN THE CENTER OF MT COMFORT ROAD WHICH IS 462 FEET EAST OF THE NORHTWEST CORNER OF SAID 40 ACRE TRACT AND RUNNING THENCE EAST 288.1 FEET, THENCE SOUTH 24.19, WEST 129.2 FEET TO THE CENTER OF MT. COMFORT ROAD, THENCE NORTH 63°16' WEST 262.7 FEET, ALONG THE CENTER OF SAID ROAD TO THE POINT OF BEGINNING. Parcel Number 765-13764-000 Washington County, AR I certify this instrument was filed on 11/18/2024 02:20:25 PM and recorded in Real Estate File Number 2024-00030368 Kyle Sylvester- Circuit Clerk by Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 12, 2024 CITY COUNCIL MEMO 2024-654 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Kylee Cole, Long Range & Preservation Planner SUBJECT: RZN-2024-0043: Rezoning (1236 W. MT. COMFORT RD/SCHWARTING, 404): Submitted by SCHUYLER SCHWARTING for property located at 1236 W. MOUNT COMFORT RD. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 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 central Fayetteville, approximately 0.13 miles west of the intersection of W. Mt. Comfort Rd. and N. Garland Ave. The property is zoned RSF-4, Residential Single -Family, Four Units per Acre, and contains approximately 0.30 acres. It is currently developed with a single-family dwelling constructed in 1931. Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RI-U, Residential Intermediate, Urban. Public Comment: To date, staff has received one comment in opposition to the request, citing concerns about flooding, stormwater management, and increased traffic and parking issues. Land Use Compatibility: Staff finds the proposed rezoning from RSF-4 to RI-U to be compatible with the surrounding area. The subject property is adjacent to RSF-4-zoned single-family and undeveloped properties to the north and east. To the south is the RMF-24-zoned Garden Park Apartments. A rezoning to RI-U would allow for a wider variety of residential uses than those permitted under the property's current zoning designation, including the by -right development of two-, three-, and four -family dwellings. This would provide a transition in intensity from the multi -family properties to the south into the less intense and dense single-family properties to the north. Staff finds the requested rezoning to be compatible with surrounding land uses. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area and location within a Tier 2 Center. Staff finds that a rezoning to RI-U would support those designations as both City Neighborhood Areas and Tier 2 Centers exist to provide a mix of residential uses of moderate density. The property has a moderately -high infill score, with access to trails, parks, public schools, and grocery stores and other infill Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 elements that make it appropriate for higher density infill development. Staff finds that the requested rezoning could allow for the creation of missing middle housing and meets City Goals 1 (appropriate infill), 3 (compact, complete, and connected development), and 6 (opportunities for attainable housing). 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 2, 708 N. Garland Ave.) • Near Sewer Main (8-inch line, W. Mount Comfort Rd.) • Near Water Main (6-inch line, W. Mount Comfort Rd.) • Near Grocery Store (Harps, 1189 N. Garland Ave.) • Near Public School (Asbell Elementary School; Leverett Elementary School) • Near UA Campus • Near City Park (Lewis Soccer Complex) • Near Paved Trail (W. Mount Comfort Rd. Side -Path Trail) • Near Razorback Bus Stop (Garden Park) • Appropriate Future Land Use (City Neighborhood) DISCUSSION: At the October 14, 2024 Planning Commission meeting, a motion to forward the item to the City Council, recommending approval, was made by Commissioner Garlock and seconded by Commissioner Cabe. A vote of 8-0-0 followed. The commissioners cited future land use compatibility and staff recommendations as noted in the report as reasons for approval. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3), Exhibit A (#4), Exhibit B (#5), 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 #: 2024-654 RZN-2024-0043: Rezoning (1236 W. MT. COMFORT RD/SCHWARTING, 404): Submitted by SCHUYLER SCHWARTING for property located at 1236 W. MOUNT COMFORT RD. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 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 2024-43 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1236 WEST MOUNT COMFORT ROAD IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE, 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 RSF-4, Residential Single -Family, Four Units per Acre, 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 2024-654 Item ID 11/7/2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/18/2024 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0043: Rezoning (1236 W. MT. COMFORT RD/SCHWARTING, 404): Submitted by SCHUYLER SCHWARTING for property located at 1236 W. MOUNT COMFORT RD. in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 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 qftw ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Gretchen Harrison, Senior Planner FROM: Kylee Cole, Long Range & Preservation Planner MEETING DATE: October 14, 2024 SUBJECT: RZN-2024-0043: Rezoning (1236 W. MT. COMFORT RD/SCHWARTING, 404): Submitted by SCHUYLER SCHWARTING for property located at 1236 W. MOUNT COMFORT RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.30 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommend forwarding RZN-2024-0043 to City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2024-0043 to City Council with a recommendation of approval." BACKGROUND: The subject property is in central Fayetteville, approximately 0.13 miles west of the intersection of W. Mt. Comfort Rd. and N. Garland Ave. The property is zoned RSF-4, Residential Single - Family, Four Units per Acre, and contains approximately 0.30 acres. It is currently developed with a single-family dwelling constructed in 1931. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential; RSF-4, Residential Single -Family, Four Units per Acre Undeveloped South Multi -Family Residential RMF-24, Residential Multi -Family, Twenty -Four Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, Four Units per Acre Single -Family Residential; Multi -Family RSF-4, Residential Single -Family, Four Units per Acre; West Residential RMF-24, Residential Multi -Family, Twenty -Four Units per Acre Request: The request is to rezone the subject property from RSF-4, Residential Single -Family, Four Units per Acre to RI-U, Residential Intermediate, Urban. Public Comment: To date, staff has received one comment in opposition to the request. The cited concerns about flooding, stormwater management, and increased traffic. Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 1 of 13 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The property has frontage along W. Mount Comfort Road, a partially improved Residential Link Street with asphalt paving, curb and gutter, and trail along the south side. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing eight -inch water line along the property's W. Mount Comfort Road frontage. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sewer main along the property's W. Mount Comfort Road frontage. There are known sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 600 linear feet downstream of this property. 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 2, located at 708 N. Garland Ave. 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 RSF-4, Residential Single -Family, Four Units per Acre, requires 25% 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 City Neighborhood. City Neighborhood areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 2 of 13 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this site with a weighted score of 12.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 2, 708 N. Garland Ave.) • Near Sewer Main (8-inch line, W. Mount Comfort Rd.) • Near Water Main (6-inch line, W. Mount Comfort Rd.) • Near Grocery Store (Harps, 1189 N. Garland Ave.) • Near Public School (Asbell Elementary School; Leverett Elementary School) • Near UA Campus • Near City Park (Lewis Soccer Complex) • Near Paved Trail (W. Mount Comfort Rd. Side -Path Trail) • Near Razorback Bus Stop (Garden Park) • Appropriate Future Land Use 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 RSF-4 to RI- U to be compatible with the surrounding area. The subject property is adjacent to RSF-4-zoned single-family and undeveloped properties to the north and east. To the south is the RMF-24-zoned Garden Park Apartments. A rezoning to RI-U would allow for a wider variety of residential uses than those permitted under the property's current zoning designation, including the by -right development of two-, three-, and four -family dwellings. This would provide a transition in intensity from the multi -family properties to the south into the less intense and dense single-family properties to the north. Staff finds the requested rezoning to be compatible with surrounding land uses. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the City's adopted land use plans, including its Future Land Use Map designation as City Neighborhood area and location within a Tier 2 Center. Staff finds that a rezoning to RI-U would support those designations as both City Neighborhood Areas and Tier 2 Centers exist to provide a mix of residential uses of moderate density. The property has a moderately -high infill score, with access to trails, parks, public schools, and grocery stores and other infill elements that make it appropriate for higher density infill development. Staff finds that the requested rezoning could allow for the creation of missing middle housing and meets City Goals 1 (appropriate infill), 3 (compact, complete, and connected development), and 6 (opportunities for attainable housing). 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 RSF-4 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. Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 3 of 13 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-U does have the potential to slightly increase traffic danger and congestion due to an increase in density, however the size of the parcel will limit the density on the site. Access management will be reviewed at the time of development. 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 slightly alter the population density since it would allow for more intense 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-2024-0043 to City Council with a recommendation of approval. (PLANNING COMMISSION ACTION: Required YES Date: October 14, 2024 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 4 of 13 ATTACHMENTS: • Unified Development Code o §161.07 RSF-4, Residential Single -Family, Four Units per Acre o §161.12 RI-U, Residential Intermediate - Urban • Request Letter • Public Comment • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 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 Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 5 of 13 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. 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 Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 6 of 13 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 October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 7 of 13 Cole, Kylee From: Sandy Curtis <sandyzcurtis@yahoo.com> Sent: Friday, October 11, 2024 9:30 AM To: Cole, Kylee Subject: I oppose re -zoning at 1236 W. Mount Comfort Road, agenda Oct. 14th CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, own the house at 1812 W. Carter which is very close to 1236 W. Mount Comfort Rd. I oppose this rezoning and Schuyler Schwarting's desire to build another house on the property. My opposition is based on 1) the increased susceptibility of flooding in the area - the more you cover the ground, the greater flooding and excess water will affect the surrounding properties; 2) we only have dirt culverts in our area which are easily overwhelmed; 3) driving is already difficult on Carter Street (which shares a boundary with this parcel) with only one car at a time able to drive on the street; 4) deterioration of enjoyment of the neighborhood - the more crowded it becomes, the less enjoyable our homes are; and finally parking, there is no street parking on Mount Comfort and no parking on Carter St. If Schuyler Schwarting wants a bigger house, I suggest he build up. Finally, I urge you to go to the property and walk the property and see the dirt culverts for the handling of rain water, see how narrow the streets are with no parking available, and recognize that neighborhoods need some green space in these conditions. Thank you for your consideration. Alexandra "Sandy" Curtis Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 8 of 13 CITY OF FAYETTEVILLE, ARKANSAS REZONING REQUEST LETTER The rezoning of this property, at 1236 W. Mount Comfort Rd., from RSF-4 to RW is in line and compatible with the zoning of the surrounding properties. Across the street from this property is the Garden Park Apartments, The Locale Fayetteville Apartments, also a 4-unit apartment complex and a 9-unit Townhome complex all of which are zoned RMF-24 and one block away to the west is also zoned RW and to the north is zoned RSF-18. The proposed rezoning will not unreasonably adversely affect or conflict with the surrounding land uses because this lot will continue to be residential but opens up new possibilities. It is on a main thoroughfare that connects the neighborhood to Garland Dr. to the east or Weddington Dr. to the south. It is also right across the street from a Razorback Transit bus stop #33. This Razorback Transit system is capable of transporting throughout the City of Fayetteville. The RW Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, provide a range of housing types compatible in scale with single-family homes and encourages a diversity of housing types to meet demand for walkable urban living. I believe this change of zoning is compatible with this request and meets the description of the new zoning. Planning Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Page 8 of 13 October 14, 2024 RZN-2024-0043 (SCHWARTING) PlAaeel0 of 13 RZN-2024-0043 1236 W. MOUNT COMFORT Close Up View RD Regional Link - High Activity Unclassified Residential Link - - - Trail (Proposed) Planning Area Fayetteville City Limits w a z O HENDRIX-ST RSF-18 R-O C-1 w a 0 FORT- RD JAMES ST 77!7---,// C-2 �z 1NORTH Feet 0 75 150 300 450 600 1:2,400 Zone Current Proposed RI-U 0.0 0.4 RSF-4 0.3 0.0 Total 0.4 ac October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 10 of 13 :I i "V AM 41 - All c Mo oMF IIII � TRO •`p Regional Link FEMA Flood Hazard Data Regional Link - High Activity Unclassified 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1'3'600 anninq Commission October 14, 2024 RZN-2024-0043 (SCHWARTING) Paqe 12 of 13 RZN-2024-0043 1236 W. MOUNT COMFORT Future Land Use RD Q I z1 Q1 w Non -Municipal Q Government 0 1— am z a W] a �a- J --- DEANEST____ I II �—WEDINGTONIO� Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Alley Residential Link Planning Area Fayetteville City Limits Trail (Proposed) I I I I Civic and I Private Open space d Residential Neighborhood I . Subject Property Feet 0 305 610 1,220 1:10,000 1,830 City Neighborhood API w 11 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Mill Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center October 14, 2024 RZN-2024-0043 (SCHWARTING) Pace 13 of 13 Form vl.54 NV1, AN Media RECEIVED Account#: NWCL5004205 NOV 1 9 2024 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN CITY of FAY>TTEVILLE CITY CLERK'S OFFICE FAYETTEVILLE,AR 72701 Ad number#: 457278 PO#: Matter of: ORD 6805 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 6805 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 11/17/24;NWA nwaonlrne.coin 11/17/24 Legal Clerk .'\`\o�� eh ,, Sebastian °13,Z'-1� + � State ofARKANSAS,County of Subscribed and sworn to before me on this 18th dayof November. 2024 9`. PUBL\G nor 2 OTARY PUBLIC ORDINANCE:6805 File Number: 2024-654 REZONING-2024.0043:(1236 W. MT. COMFORT RDJSCHWARTING,404): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 43 FOR APPROXIMATELY 0.30 ACRES LOCATED AT 1236 WEST MOUNT COMFORT ROAD IN WARD 2 FROM RSF-4,RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE,TO RI-U,RES- IDENTIAL INTERMEDIATE- URBAN 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-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 November 12,2024 Approved: Lioneld Jordan,Mayor Attest: Jackson Shelton, Senior Deputy City Clerk This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:595.76 November 17,2024 457278