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HomeMy WebLinkAboutOrdinance 6808 511111111111111111111111111111111111113 Doc ID: 021855610003 Type: REL Kind: FAYETrF Recorded:ORDINANCE11/18/2024 at 02:21:09 PM �� � Fee Amt: $25.00 Page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2024-00030371 4FKANso 113 West Mountain Street Fayetteville,AR 72701 (479) 575-8323 Ordinance: 6808 File Number: 2024-657 REZONING-2024-0046: (510 W. PRAIRIE ST./SCOTT,523): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-46 FOR APPROXIMATELY 0.16 ACRES LOCATED AT 510 WEST PRAIRIE STREET IN WARD 2 FROM R-O, RESIDENTIAL-OFFICE TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section l: 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 R-O, Residential-Office to DG. Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section I. PASSED and APPROVED on November 12,2024 Approv : Attest: io 1 Jordan, ay r Jac elton,Senior eputy City Clerk `�,���rrr�r►rrrrr `��• ,��RK G••G�1 Y �F:EC:A •F AYETT• EVIL • • • �'�.95'57 kANSP.. C� N This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ C Q V Page 1 RZN-2024-0046 510 W. Prairie St. Exhibit "A" R Close Up View ZN-2024-0046 RMF c-2 IIE Regional Link - High Activity Urban Center Unclassified — Alley — Residential Link -- — - Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits .�E 0 0 w W 0 RSF-4 RSF-7 W Q z w z X w O O i 1 1 i 1 1 1 P-1 I 1 1 I 1 1 I 1 1 1 1 1 I It FPRAIRIE ST �1%I Feet 0 75 150 300 1:2,400 450 600 SOUTH ST rn O 50 1;;j O r � f J O O U N 5TH ST Isc JJU NORTH Zone Current Proposed DG 0.0 0.2 R-O 0.2 0.0 Total 0.2 ac Exhibit 'B' RZN-2024-0046 LEGAL DESCRIPTION A PART OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1 /4) OF SECTION SIXTEEN (16), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY (30) WEST AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FOUR (4) CHAINS AND SEVENTY-FIVE (75) LINKS SOUTH AND ONE HUNDRED FORTY-SIX (146) FEET EAST OF THE NORTHWEST CORNER OF SAID FORTY ACRE TRACT, AND RUNNING, THENCE SOUTH 133 FEET, MORE OR LESS, TO THE NORTH LINE OF PRAIRIE AVENUE, THENCE SOUTH 79° WEST WITH SAID NORTH LINE OF PRAIRIE AVENUE FIFTY-TWO (52) FEET, MORE OR LESS, TO THE CENTER OF THE LANE, THENCE NORTH WITH THE CENTER OF SAID LANE ONE HUNDRED THIRTYTHREE (133) FEET; THENCE EAST FIFTY-TWO (52) FEET, MORE OR LESS, TO THE PLACE OF BEGINNING, SITUATED IN THE CITY OF FAYETTEVILLE. Washington County AR I Certify this instrument was filed on 11/18/2024 02:21:09 PM and recorded in Real Estate File Number 2024-00030371 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 2024-657 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-2024-0046: Rezoning (510 W. PRAIRIE ST./SCOTT, 523): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 510 W. PRAIRE ST. in WARD 2. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.16 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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 Downtown Fayetteville, just north of the intersection of W. Prairie Street and S. Gregg Avenue. The property contains one parcel totaling 0.16 acres which is developed with a single-family dwelling and accessory structure and zoned R-O, Residential -Office. Hydric soils are present, but no protected streams or FEMA-designated floodplain are present on site. Request: The request is to rezone the subject property from R-O, Residential -Office to DG, Downtown General. 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 south edge of Downtown, approximately 100 feet from the Razorback Greenway and Lower Ramble. A rezoning to DG, Downtown General, would allow more intense residential development and commercial uses in an area that includes an existing mix of residential, commercial, and institutional uses. The property's current zoning, R-O, allows for development that staff finds to be inconsistent with current development and zoning patterns in that area given the relatively large lot width and minimum requirements of the R-O zoning district. Land Use Plan Analysis: Staff finds that a rezoning to DG would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as City Neighborhood. These areas are intended to support a wide variety of housing and commercial types in walkable urban neighborhoods. The property also has a high infill score of 12 which indicates that it is a suitable location for infill development under a wider range of entitlements. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site. The Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, located at 303 W. Center St.) • Near Sewer Main (6-inch main, W. Stone Street) • Near Water Main (4-inch main, W. Stone Street) • Near Grocery Store (Walmart Neighborhood Market located at 660 W. Martin Luther King Jr. Blvd.) • Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (Lower Ramble) • Near Paved Trail (Frisco Trail/Razorback Greenway) • Near ORT Bus Stop (School & Archibald Yell Stop ID 32695, School & MLK Blvd. Stop ID 76256) • Near Razorback Bus Stop (Hill & MLK Stop ID 149523 & 149524) • Appropriate Future Land Use (City Neighborhood) • Sufficient Intersection Density DISCUSSION: At the October 14, 2024 Planning Commission meeting, a motion made by Commissioner Payne and seconded by Commissioner Castin initiated a vote of 9-0-0 to forward the request to City Council, recommending approval. The commissioners cited future land use compatibility and staff recommendations as noted in the report as reasons for approval. No public comment was given. 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 #: 2024-657 RZN-2024-0046: Rezoning (510 W. PRAIRIE ST./SCOTT, 523): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 510 W. PRAIRE ST. in WARD 2. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.16 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-46 FOR APPROXIMATELY 0.16 ACRES LOCATED AT 510 WEST PRAIRIE STREET IN WARD 2 FROM R-O, RESIDENTIAL -OFFICE TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the 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 R-O, Residential -Office to DG, Downtown General. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2024-657 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-2024-0046: Rezoning (510 W. PRAIRIE ST./SCOTT, 523): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 510 W. PRAIRE ST. in WARD 2. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.16 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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-2024-0046: Rezoning (510 W. PRAIRIE ST./SCOTT, 523): Submitted by WATKINS, BOYER, GRAY, & CURRY PLLC for property located at 510 W. PRAIRE ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.16 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2024-0046 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0046 to the City Council with a recommendation of approval. " BACKGROUND: The subject property is located in Downtown Fayetteville, just north of the intersection of W. Prairie Street and S. Gregg Avenue on the north side of W. Prairie Street. The property contains one parcel totaling 0.16 acres which is developed with a single-family dwelling and accessory structure and zoned R-O, Residential -Office. Hydric soils are present, but no protected streams or FEMA- designated floodplain are present on site. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surroundina Land Uses and Zonina Direction Land Use Zoning North Undeveloped DG, Downtown General South Commercial DG, Downtown General and MSC, Main Street Center East Undeveloped/City Park DG, Downtown General and P-1, Institutional West Single -Family Residential R-O, Residential Office Request: The request is to rezone the subject property from R-O, Residential -Office to DG, Downtown General. Public Comment: Staff has not received public comment on this request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along W. Prairie Street. W. Prairie Street is a partially improved Residential Link Street with asphalt paving and sidewalk along the north side but no curbs. The City is currently completing a project that will improve W. Prairie St. 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. A 6" water line is present along the north side of W Prairie St. Sewer: Sanitary Sewer is available to the subject area. An 8" sanitary sewer main is present along the south side of W Prairie St. There are known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 130 linear feet downstream of this property. Drainage: The subject property does not lie within a FEMA-designated floodplain and protected streams are identified on properties directly to the west of but not on the subject property. Hydric soils are present on site. 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. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.7 miles from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. 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, DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district, R-O, Residential -Office, 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 City Neighborhood. City Neighborhoods are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 12 for this site with a weighted score of 17 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, located at 303 W. Center St.) • Near Sewer Main (6-inch main, W. Stone Street) • Near Water Main (4-inch main, W. Stone Street) • Near Grocery Store (Walmart Neighborhood Market located at 660 W. Martin Luther King Jr. Blvd.) • Near Public School (Fayetteville High School) • Near U of A Campus • Near City Park (Lower Ramble) • Near Paved Trail (Frisco Trail/Razorback Greenway) • Near ORT Bus Stop (School & Archibald Yell Stop ID 32695, School & MILK Blvd. Stop ID 76256) • Near Razorback Bus Stop (Hill & MILK Stop ID 149523 & 149524) • Appropriate Future Land Use (City Neighborhood) • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility. Staff finds that the requested rezoning is compatible with surrounding land uses. The subject property is located on the south edge of Downtown, approximately 100 feet from the Razorback Greenway and Lower Ramble. A rezoning to DG, Downtown General, would allow more intense residential development and commercial uses in an area that includes a mix of residential, commercial, and institutional uses. The property's current zoning, R-O, allows for development that staff finds to be inconsistent with current development and zoning patterns in that area given the relatively large lot width and minimum requirements of the R-O zoning district. Land Use Plan Analysis: Staff finds that a rezoning to DG would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as City Neighborhood. These areas are intended to support a wide variety of housing and commercial types in walkable urban neighborhoods. The property also has a high infill score of 12 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 R-O to DG. 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 R-O to DG has the potential to minimally increase vehicular traffic in the area when considering that the property is less than one fifth on an acre in size and many surrounding properties are already zoned DG. Between 2019 and 2023, no traffic crashes were reported adjacent to the property and four crashes, one with possible injury and three with no apparent injury, were reported on W. Prairie St. Six crashes with no apparent injury and one crash with a suspected minor injury were reported at the intersection of W. Prairie St. and S. Nelson Hackett Blvd. to the west of the subject property. 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 R-O to DG has minimal potential to alter the population density given the size of the property and surrounding zoning and uses, although DG 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 recommend forwarding RZN-2024-0046 to the 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 ATTACHMENTS: • Unified Development Code o §161.20 District R-O, Residential Office o §161.28 Downtown General • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 161.20 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. 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 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 1 Offices, studios, and related services 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 11 Manufactured home ark" Unit 13 Eating laces Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities" Unit 42 Clean technologies Unit 45 Small scale production (C) Density. Units per acre 1 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two 2 family 60 feet Three 3 or more 1 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two (2) family 6,500 square feet Three 3 or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two 2 or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: Front A build -to zone that is located between the front property line and a line 25 feet from the front property line Side 5 feet Side -zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed."* The remaining side setback(s) shall be 10 feet Rear None Rear when contiguous to a single 15 feet 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 side boundary line of an adjacent single family 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 60% 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. 161.28 Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 1 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 1 5 stories 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 DELYNN BALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-12939-000 from RO—Residential Office to DG—Downtown General Dear Planning Staff: This letter is intended to accompany a rezone request for Parcel No. 765-12939-000, located at 510 W. Prarie St., from RO-Residential Office, to DG—Downtown General. This property is surrounded on two sides by property zoned DG, and is adjacent to the West to RO-zoned properties. This property is located in the Mill District, which is currently undergoing transformation into a walkable neighborhood center, with developments and redevelopments such as the mixed used building to the East, denser single family housing to the East, Walmart Neighborhood Market, and the adaptive re -use of the farmer's co-op to the South. DG has a much greater potential to encourage development of a similar character to the aforementioned projects than would RO, which has potential to produce overuse of dated structures rather than redevelopment. Additionally, this rezoning would encourage infill, development of missing middle housing, and would provide the opportunity to diversity housing stock in the area. This rezoning would act as a natural extension of the largely DG- and MSC -zoned properties to the East. Finally, the property has access to both water and sewer, with existing lines for both being located on Prarie St. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(i,)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-2024-0046 Close Up View 510 W. Prairie St. 1 CIE I— 1 Q" 1 C9 I 1 1 _ O 1 I 1 1 I 1 I 1 P-1 1 RSF-4 1 INN" I A 1-1 sonsona Regional Link - High Activity nonnona Urban Center Unclassified Alley Residential Link — — Trail (Proposed) _ Design Overlay District Planning Area Fayetteville City Limits W Q H co W 3.1 PRAIRI&ST.L. 1 1 r 1 1 1 DG WMI 1 > 1 Q 1 / Lu 1 � 1 C9 1 1 1 1 1 Feet 0 75 150 300 1.2,400 450 600 70NORTH Zone Current Proposed DG 0.0 0.2 R-0 0.2 0.0 Total 0.2 ac RZN-2024-0046 Current Land Use 510 W. Prairie St. IORTH Ild ■ 1 1 .� • ! _ _ 1 An ift — I G"JR'BLVD - t ; t Undeveloped w r a - ` �,- �." 0' a — - 7TH ST Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Urban Center Unclassified 100-Year Floodplain Alley Feet FloodlNay Residential Link Trail (Proposed) 0 112.5 225 450 675 900 Planning Area Fayetteville City Limits 1 :3, GV 00 Design Overlay District RZN-2024-0046 Future Land Use il Non -Municipal Government Civic Institutiona t � Industrial Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link i 1 Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District 510 W. Prairie St. Subject Property BL City Neighborhood �n= C is a � ORTH r i 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 Form vl.54 NWA media RECEIVED Account#: NWCL5004205 NOV 1 9 2024 Company: CITY OF FAYE rl EVILLE-CLERKS OFFI CITY OF FAYETTEVI E 113 W MOUNTAIN CITY CLERKS OFFICE FAYETTEVILLE, AR 72701 Ad number#: 457369 PO#: Matter of: ORD 6808 AFFIDAVIT•STATE OF ARKANSAS 1 Maria Hernandez-Lopez ,do solemnly swear that 1 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 6808 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$89.68. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 11/17/24;NWA nwaonline.com 11/17/24 Legal Clerk ' B R?sy ''',, Q,.c•.N2�.ZO�F-lo State of ARKANSAS,County of Sebastian • :,o•� �2 �. OTARy m Subscribed and sworn to before me on this 18th day of November, 2024 =U: ��.. �;Q q P . OTARY PUBLIC ORDINANCE: 6808 File Number: 2024-657 REZONING-2024-0046:(510 W.PAAIAIE STJSCOTT,5231: AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 46 FOR APPROXIMATELY 0.16 ACRES LOCATED AT 510 WEST PRAIRIE STREET IN WARD 2 FROM R-0, RESIDENTIAL-OF- FICE TO DG,DOWNTOWN GEN- ERAL 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 R-0,Residential-Office to DG,Downtown General. 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:$89.68 November 17,2024 457369