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Home My WebLink AboutOrdinance 6806 111111111111111111111111111111 Doc ID: 021855590003 Type: REL Kind: ORDINANCE Recorded: 11/18/2024 at 02:20:39 PM Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2024-00030369 aA Kn NsoS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6806 File Number: 2024-655 REZONING-2024-0044: (2001 W. 18TH ST./ARNOLD,598): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-44 FOR APPROXIMATELY 0.90 ACRES LOCATED AT 2001 WEST 18TH STREET IN WARD 1 FROM C-1, NEIGHBORHOOD COMMERCIAL,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 C-1,Neighborhood Commercial 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 . ) Attest: io 1 Jor an, M Ja on Shelton, Senior eputy City Clerk 0011111,14. G\TY 0..oG,� . • FAYETTEVILLE :� .,s•.'(ANS •.• �.` .,ti�,GIONCO``�. This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ OI Z.7 Z Page 1 RZN-2024-0044 Close Up View C r_ Neighborhood Link Freeway/Expressway Unclassified Residential Link Hillside -Hilltop Overlay District -- - Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits 2001 W. 18th St. Exhibit'A' RZN-2024-0044 C-1 11 ♦%Tod o RPrU `.do O \ o� > -f'0 2 It � l I' -'_-1 i CASCADE �♦ r DR u r ♦% m40! c c ♦�``` �o 0 P-1 _ Subject Property Proposed RW i i i i i i i i i I I I 1 1 1 RSF-4 '1 1 1 ARROWHEAD Feet 0 75 150 300 1:2,400 ST 450 600 RI-12 NORTH Zone Current Proposed C-1 0.9 0.0 RW 0.0 0.9 Total 0.9 ac Exhibit 'B' RZN-2024-0044 LEGAL DESCRIPTION The North 150 feet of equal and uniform width off of Lots Numbered Eleven (11) and Twelve (12) Cornelius Subdivision, Fayetteville, Arkansas, as per plat on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas Washington County, AR I certify this instrument was filed on 11/18/2024 02:20:39 PM and recorded in Real Estate File Number 2024-00030369 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 2024-655 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: RZN-2024-0044: Rezoning (2001 W. 18TH ST./ARNOLD, 598): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 2001 W. 18TH ST. in WARD 1. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.90 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 located in southwest Fayetteville, just east of Interstate 49 on the south side of W. 18th Street. The property contains one parcel totaling 0.90 acres which is developed with a single-family dwelling and accessory structure and zoned C-1, Neighborhood Commercial. Hydric soils are present, as well as protected streams, but no FEMA-designated floodplain is present on site. The property to the south was rezoned to RI-U, Residential Intermediate - Urban in 2022. Request: The request is to rezone the subject property from C-1, Neighborhood Commercial to RI-U, Residential Intermediate - Urban. Public Comment: Staff has not received public comment on this request. Land Use Compatibility: Staff finds that the requested rezoning is compatible with surrounding land uses. The subject property is located on the west edge of the Fayette Junction neighborhood, approximately one block from the Razorback Greenway to the east and one block from Interstate 49 to the west. A rezoning to RI-U, Residential Intermediate - Urban, would allow residential development in an area that includes a mix of single- family and small-scale multi -family uses as well as undeveloped areas. The property's current zoning, C-1, allows for development that staff finds to be inconsistent with current development patterns in that area given the prominence of residential uses, although commercial and mixed -use zoning exists to the north and west. Land Use Plan Analysis: Staff finds that a rezoning to RI-U would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as Residential Neighborhood. These areas are intended to support a wide variety of housing types and recognize existing subdivisions and development patterns that respond to features of the natural environment. The property also has a medium infill score of 6-7 which indicates that it is a suitable location for infill development, which the RI-U zoning Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 district would permit to a moderate extent. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 6=7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, located at 900 S. Hollywood Ave.) • Near Sewer Main (8-inch main, W. 18th Street) • Near Water Main (12-inch main, W. 18th Street) • Near U of A Campus • Near Paved Trail (Town Branch Trail) • Near Razorback Bus Stop (15th & Horizon ID 149452 & Indoor Track 149533) • Within Master Plan Area (Fayette Junction Neighborhood) DISCUSSION: At the October 14, 2024 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Werner made the motion and Commissioner Payne provided the second. The commissioners cited future land use compatibility and staff recommendations as noted in the report as reasons for approval. No public comment was made at the meeting. 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 #: 2024-655 RZN-2024-0044: Rezoning (2001 W. 18TH STJARNOLD, 598): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 2001 W. 18TH ST. in WARD 1. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.90 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 2024-44 FOR APPROXIMATELY 0.90 ACRES LOCATED AT 2001 WEST 18th STREET IN WARD 1 FROM C-1, NEIGHBORHOOD COMMERCIAL, 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 C-1, Neighborhood Commercial 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 2024-655 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-2024-0044: Rezoning (2001 W. 18TH ST./ARNOLD, 598): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 2001 W. 18TH ST. in WARD 1. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.90 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: Gretchen Harrison, Senior Planner FROM: Britin Bostick, Long Range Planning/Special Projects Manager MEETING DATE: October 14, 2024 SUBJECT: RZN-2024-0044: Rezoning (2001 W. 18TH STJARNOLD, 598): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 2001 W. 18TH ST. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 0.90 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2024-0044 to City Council with a recommendation of approval. RECOMMENDED MOTION: "/ move to forward RZN-2024-0044 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in southwest Fayetteville, just east of Interstate 49 on the south side of W. 18th Street. The property contains one parcel totaling 0.90 acres which is developed with a single-family dwelling and accessory structure and zoned C-1, Neighborhood Commercial. Hydric soils are present, as well as protected streams, but no FEMA-designated floodplain is present on site. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Undeveloped UT, Urban Thoroughfare South Undeveloped RI-U, Residential Intermediate - Urban East Single -Family Residential RI-12, Residential Intermediate, Twelve (12) Units Per Acre West Multi -Family Residential C-1, Neighborhood Commercial Request: The request is to rezone the subject property from C-1, NEIGHBORHOOD COMMERCIAL to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. Public Comment: Staff has not received public comment on this request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along W. 18th Street. W. 18th Street is a partially improved Residential Link Street with asphalt paving and no curb or gutter. The property's frontage of W 18th St is unimproved. There is no curb and gutter or sidewalk present. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property. There is a 12" water line along the property's frontage of W 18th St. Sewer: Sanitary Sewer is available to the subject property. There is an 8" sanitary sewer line that runs through the southeast portion of the property. There are known sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system near this property. There are City projects that will improve the capacity of the system in this area. Drainage: The subject property does lie within a FEMA-designated floodplain, and protected streams are identified on the east side of the property. Hydric soils are present on site. 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 consists 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 will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. 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 will be 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. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 900 S. Hollywood Ave., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate - Urban, requires 15% minimum canopy preservation. The current zoning district, C-1, Neighborhood Commercial, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 7-8 for this site with a weighted score of 8 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, located at 900 S. Hollywood Ave.) • Near Sewer Main (8-inch main, W. 18th Street) • Near Water Main (12-inch main, W. 18th Street) • Near U of A Campus • Near City Park (Town Branch Trail) • Near Paved Trail (Bike Lane on W. 18th Street) • Near Razorback Bus Stop (15th & Horizon ID 149452 & Indoor Track 149533) • Within Master Plan Area (Fayette Junction Neighborhood) 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 that the requested rezoning is compatible with surrounding land uses. The subject property is located on the west edge of the Fayette Junction neighborhood, approximately one block from the Razorback Greenway to the east and one block from Interstate 49 to the west. A rezoning to RI-U, Residential Intermediate - Urban, would allow residential development in an area that includes a mix of single-family and small-scale multi -family uses as well as undeveloped areas. The property's current zoning, C-1, allows for development that staff finds to be inconsistent with current development patterns in that area given the prominence of residential uses, although commercial and mixed -use zoning exists to the north and west. Land Use Plan Analysis: Staff finds that a rezoning to RI-U would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as Residential Neighborhood. These areas are intended to support a wide variety of housing types and recognize existing subdivisions and development patterns that respond to features of the natural environment. The property also has a medium infill score of 7-8 which indicates that it is a suitable location for infill development. 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 C-1 to RI-U. Staff finds that the proposed rezoning is compatible with surrounding properties and consistent with the City's future land use plans. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: A rezoning from C-1 to RI-U has minimal potential to increase vehicular traffic in the area when considering that the property is less than one acre in size and is currently zoned for commercial uses. Between 2019 and 2023, seven traffic crashes were reported on W. 18t" St. between the intersections of S. Beechwood Ave. to the east and W. Custer Ln. to the west of the subject property. Two of those crashes had suspected minor injury and five had no apparent injury. 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 C-1 to RI-U has minimal potential to alter the population density given the size of the property and surrounding zoning and uses, although RI-U 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-2024-0044 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: October 14, 2024 Motion: Second: Vote: BUDGET/STAFF IMPACT: None O Tabled O Forwarded O Denied ATTACHMENTS: • Unified Development Code o §161.12 District RI-U, Residential Intermediate - Urban o §161.21 District C-1, Neighborhood Commercial • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other 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 2 stories/3 stories" * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. 161.21 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating laces Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 25 Offices, studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production 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 16 Shopping oods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities" Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Urban Form Setback Regulations: Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to 15 feet a single-family residential district (F) Building Height Regulations. Building Height Maximum 1 5 stories If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) 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. (H) Urban form minimum buildable street frontage: 50% of the lot width. 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 WATKINS, BOYER, GRAY & CURRY, PLLC ATTORNEYS AT LAW WRITER'S DIRECT E-MAIL wkellstrom@watkinslawoffice.com September 4, 2024 RE: Rezoning Parcel No. 765-04068-001 from C-1 to RI-U Dear Planning Staff: DELYNN BALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER This letter is intended to accompany a rezone request for Parcel No. 765-04068-001, located at 2001 W. 18" St. The parcel is currently zoned C-1, Neighborhood Commercial. The applicant is requesting that it be rezoned to RI-U, Residential Intermediate —Twelve (12) Units Per Acre. This request is in line with many of the surrounding zoning districts. The Property to the South was recently rezoned to RI-U. Additionally, the three parcels adjacent to the East, as well as a parcel on S. Ashwood, were recently rezoned to RI-12. 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. The Property has a small creek running through it, and a rezoning to RI-U, as compared to RI-12, would allow flexibility for clustering of development away from water prone areas on the Property. 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. It would further ast as a transitional zoning between the high density, multifamily developments located near the baseball stadium, and the lower density single family zoning to the South. 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. Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC ls/ Will A. Kellstrom Will A. Kellstrom WK: PC: 1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION WWW.WATKINSLAWOFFICE.COM CrvrL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION RZN-2024-0044 2001 W. 1 8th St. One Mile View 0 0.13 0.25 0.5 Miles 1 Q I-2 IRMF-12 \ 0-� NORTH l \ 11 O� S H -15TH'S' =15TH'ST�15S,� RSF-1 ' \ i Subject Property 1 1 P-1 1 � / RSF-4 \ C-1 / I RI-12 RI-U ,1 1 � I- 1 1 I 1 I 1 r R A I 1 ,1 1 i 1 1 1 \ 1 \ CATO SPRING 1 � D I NS-L � r \ 0 C O O 1 '\ r \ J TG _ -n m� • `i Regional Link - - - Zoning RESIDENTIAL SINGLE-FAMILY �I-2 General lntlustrisl EXTRACTION IIIIIIII� Neighborhood Link _ - _ - - _ - _ Ns-G III RI-U ii E-1 COMMERCIAL Regional Link - High Activity - - - - - �RI-1z III NS.L Rasidamial-orra C-1 Freeway/Expressway _ Resmenn&l ermeneral _ c-z Unclassfied _ Is RSF-1 C-3 FORM BASED DISTRICTS — Residential Link RSF Dow — core Urpan nwr rrgn Planned Neighborhood Link RSFA mainsvaalC.— Dmm— Generel Shared -Use Paved Trail " RSF-1a RESIDENTIALMULTI-FAMILY c —,ty S.—. — — Trail (Proposed) p RMFE Neigh--]Servkes N wh.rr—ConserreYon Desi n overlay DISIfICi L-� g Y � r , _ _ _ _ _ 1 r r _ RMIts _RMF-13 PLANNED ZONING DISTRICTS _Commercial. Intluslrial. ResitleMial —� Fayetteville City Limits ----' Planning Area r-_-- r - ___ II�RMF-2C .RMF-0a INSTITUTIONAL 1 1 Planning Area Fayetteville City Limits _ _ _ g _ P-1 INDUSTRIAL I-, Heavy CammarclalaM Lb. Ind-1.1 RZN-2024-0044 2001 W. 18th St. Close Up View RPZD ♦♦ 0 � DIO % 'L RMF-24 CASCADE r DR UT ` ` %% r�l 1 ��`°• P-1 7 O,A Subject Property i i THS. 1 1 1 1 Propose 1 C I 1 / 1 1 1 / I• 1 RI-12 i RI-U 1 � 1 1 I I 1 i I \ 1 1 0 \ -n ' C \ o t � 1 t Z RSF-4 '\ X 't L==ARROWHEAD \11 NORTH < I ST Neighborhood Link Zone Current Proposed Freeway/Expressway — Unclassified C-1 0.9 0.0 — Residential Link RI-U 0.0 0.9 ® Hillside -Hilltop Overlay District Feet — — -Trail (Proposed) Design Overlay District 0 75 150 300 450 600 Planning Area _ _� Fayetteville City Limits .2,400 Total 0.9 ac RZN-2024-0044 2001 W. 18th St. Current Land Use N 0 RT H OL Single -Family Residential h . Lb � � Q rSubject Property O 18TH ST d'y Commercial -- Oy Multi -Family Residential ►:1 i C z r Undeveloped ;ARROWHEAD ST rn - - - � �; _ _ •rr . � , ,�► _ , F • � tiro Neighborhood Link FEMA Flood Hazard Data Freeway/Expressway Unclassified too -Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) _ ? Planning Area 0 112.5 225 450 675 900 Fayetteville City Limits :3,600 I Design Overlay District RZN-2024-0044 Future Land Use n Cente 1. L I 1 Natural --------- , I i i t i Rural Residential \ ' r / Regional Link Neighborhood Link Regional Link - High Activity Freeway/Expressway - Unclassified - Residential Link Planned Neighborhood Link i Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District 2001 W. 18th St. ORTH Y �I m Q w \ I N Subject Property 5TH 11ndustriall 4 I i i i Residential I � i Neighborhood tt Ci t Q t TG glon-Municipal Feet 0 305 610 1,220 1,830 1:10,000 GrcWernment 7 . City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 2,440 Residential Neighborhood Rural Residential Urban Center Form v1.54 medNWA a Account#: NWCL5004205 RE1O Company: CITY OF FAYETTEVILLE-CLERKS OFFI NOV 1 9 2024 113 W MOUNTAIN CITY OF FAY EilLLE FAYETTEVILLE, AR 72701 CITY CLERKS UFFICE Ad number#: 457282 PO#: Matter of: ORD 6806 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 6806 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$0.00 Affidavit Charge). NWA Democrat Gazette 11/17/24;NWA nwaonline.com 11/17/24 227a4-e-ML. I,egal Clerk vR4Sy''',;. J� •i.�\\ss;c,/,< 626) Sebastian �:0;.2�201q State of ARKANSAS,County of OTA R y Subscribed and sworn to before me on this 18th day of November, 2024 cn ��•+ i S \ OTARY PUBLIC ORDINANCE:6806 File Number: 2024-655 REZONING-2024-0044:(2001 W.18TH ST./ARNOLD,598): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 44 FOR APPROXIMATELY 0.90 ACRES LOCATED AT 2001 WEST 18TH STREET IN WARD 1 FROM C-1,NEIGHBORHOOD COMMER- CIAL,TO RI-U,RESIDENTIAL IN- TERMEDIATE-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 C-1,Neighborhood Com- mercial to RI-U,Residential In- termediate-Urban. Section 2: That the City Council of the City of Fayet- teville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Sec- tion 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:$92.72 November 17,2024 457282