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HomeMy WebLinkAboutOrdinance 6841 1111111111111111111111111111111111131111111111111113 . ►;;,: ., Doc ID: 021983120003 Type: REL Kind: ORDINANCE 410. Recorded: 02/27/2025 at 08:50:38 AM Fee Amt: $25.00 Page 1 of 3 Washington County, AR 113 West Mountain Street Kyle Sylvester Circuit Clerk Fayetteville,AR 72701 File2025_00004685 (479) 575-8323 Ordinance: 6841 File Number: 2025-88 REZONING-2024-0060: (818 S.WOOD AVE.BELASCO,563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U,RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC,Neighborhood Conservation to RI-U,Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on February 18, 2025 Approved: Attest: ' Molly Rawn,Mayor Kara Paxton,City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas.Amount Paid: $89.68 Page 1 RZN-2024-0060 Close Up View W a 0 J W Q W O L. \ 10 x m r RSF-18 m 11TH ST Neighborhood Link Unclassified Residential Link Trail (Proposed) Planning Area ! - - Fayetteville City Limits 818 S. WOOD AVE Subject Property RI-U Proposed RNI F-18 IRZN-2024-0060 EXHIBIT 'A' RPZD O MIR I C , N J W ,kFAIRL-ANE ST Q MCCLIN' Feet 0 75 150 300 450 600 1:2,400 ErIMENORTH Zone Current Proposed NC 0.6 0.0 RI-U 0.0 0.7 Total 0.7 ac RZN-2024-0060 EXHIBIT 'B' LEGAL DESCRIPTION A PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT A POINT WHICH IS S02°26'07"W 442.45' (DEED 441') FROM THE NORTHWEST CORNER OF SAID FORTY AND RUNNING THENCE S87°07'36"E 151.28'; THENCE S02°34'03"W 105.10' (DEED 105'), THENCE N87°13'13"W 151.04' TO THE WEST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID WEST LINE NO2°26'07"E 105.34' (DEED 105.00') TO THE POINT OF BEGINNING, CONTAINING 0.37 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH WOOD AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS- OF-WAY OF RECORD. Washington County, AR I certify this instrument was filed on 02/27/2025 08:50:38 AM and recorded in Real Estate File Number 2025-00004685 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 18, 2025 CITY COUNCIL MEMO 2025-88 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner SUBJECT: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning Staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in south Fayetteville on the east side of Wood Avenue, about one -sixth of a mile south of the street's intersection with Martin Luther King Jr Boulevard. The property contains one parcel totaling 0.37 acres which is zoned NC, Neighborhood Conservation, and developed with a single-family dwelling that Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and it received its current zoning designation as a result of that plan in 2008. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff received public comment from two neighbors who expressed their opposition to this request. They stated that, when they purchased their property, they were under the impression that the neighborhood would remain single-family. Their concerns centered around the proposed zoning allowing a development style that may be incompatible with the character and scale of development in the surrounding area. Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. Where NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four - family dwellings by right with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, and in close proximity to duplexes and multi -family dwellings, staff finds that the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable at this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI- U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a moderate infill score of 7, which indicates that it's a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Water Main (12-inchmain, Wood Avenue) • Near Sewer Main (6-inch main, Wood Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Waxflower — Wood Connector and E. MILK Jr. Blvd.) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) DISCUSSION: At the January 13, 2025 Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a unanimous vote of 7-0-0. Commissioners offered little comment on the item and no members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Exhibit A (#4), Exhibit B (#5), Planning Commission Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-88 RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 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 2024-60 FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD I FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-88 Item ID 2/4/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/17/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 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 ftw ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Senior Planner MEETING DATE: January 13, 2025 (updated with results) SUBJECT: RZN-2024-0060: Rezoning (818 S. WOOD AVE./BELASCO, 563): Submitted by WATKINS, BOYER, GRAY & CURRY PLLC for property located at 818 S. WOOD AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.37 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2024-0060 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "1 move to forward RZN-2024-0060 to the City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville on the east side of Wood Avenue, about one -sixth of a mile south of the street's intersection with Martin Luther King Jr Boulevard. The property contains one parcel totaling 0.37 acres which is zoned NC, Neighborhood Conservation, and developed with a single-family dwelling that Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and it received its current zoning designation as a result of that plan in 2008. Surrounding land uses and zoning are depicted below in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Single -Family Residential NC, Neighborhood Conservation South Single -Family Residential NC, Neighborhood Conservation East Single -Family Residential NC, Neighborhood Conservation West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff received public comment from two neighbors who expressed their opposition to this request. They stated that, when they purchased their property, they were under the impression that the neighborhood would remain single-family. Their concerns centered around the proposed zoning allowing a development style that may be incompatible with the character and scale of development in the surrounding area. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: This property has frontage along Wood Avenue, an unimproved Residential Link Street with asphalt paving and open ditches. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. There is an existing 12-inch water main present along Wood Avenue that can serve this property. Sewer: Sanitary sewer is available to the subject property. There is an existing six-inch sanitary sewer main present along Wood Avenue. There are also known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 990 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 are present on site. However, hydric soils appear to be present on the west side of the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits are issued for the property, a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required. Any improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 1.3 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within the city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department did not comment on this request. Tree Preservation: The proposed zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, NC, Neighborhood Conservation, 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 Area within the Walker Park Neighborhood Master Plan area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 1, 303 W. Center St.) • Near Water Main (12-inch main, Wood Avenue) • Near Sewer Main (6-inch main, Wood Avenue) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Waxflower — Wood Connector and E. MLK Jr. Blvd.) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood Master Plan) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. Where NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family dwellings by right with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, and in close proximity to duplexes and multi -family dwellings, staff finds that the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable at this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use Map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI-U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a moderate infill score of 7, which indicates that it's a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning from NC to RI-U is justified. Rezoning to RI-U would allow for housing types and densities that are comparable to the existing development pattern in the area and consistent with the City's planning policies and objectives. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U has the potential to increase traffic along Wood Avenue. However, the size of the property will naturally limit the scale of any future development and thus reduce any possible impacts on traffic danger or congestion. Any street improvements required in this area would be determined at the time of development proposal. 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 NC to RI-U has the potential to increase population density when considering there is no density limitation associated with the RI-U zoning district. However, staff finds that a rezoning is not likely to undesirably increase the load on public services. The property is near existing water and sanitary sewer infrastructure and is close to other public services. There are, however, known wet weather sewer capacity issues identified in the City's 2021 Sewer Master Plan that appear in the system approximately 990 feet downstream of this property. 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-2024-0060 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: January 13, 2025 Motion: Werner Second: Payne Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded with a recommendation of approval ATTACHMENTS: • Unified Development Code o §161.12 District RI-U, Residential Intermediate - Urban o §161.29 Neighborhood Conservation • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map O Denied 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. (11 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 rN]=17.T.8 .(T REIF"M Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945, §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§l (Exh. C), 2, 4-20-21) 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921, §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6211, §1, 8-6-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 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 October 21, 2024 DELYNN BALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER RE: Rezoning Parcel No. 765-15111-001 from NC — Neighborhood Conservation to RI-U—Residential Intermediate —Urban Dear Planning Staff: This letter is intended to accompany a rezone request for Parcel No. 765-15111-001, located at 818 S. Wood Avenue in South Fayetteville. The parcel is currently zoned NC, Neighborhood Conservation. The applicant is requesting that it be rezoned to RI-U, Residential Intermediate —Urban. This property is surrounded on three sides by property zoned NC. However, there are several precedent rezonings in the area. A large parcel of land was rezoned to RI-U on Waxflower Ave for the Homes at Willow Bend earlier this year. Likewise, there is a parcel nearby to the South which is zoned RMF-18 and another which was zoned to RI-U in 2023. RI-U zoning promotes creative infill projects by allowing a diversity of unit types with flexible lot widths. It is particularly effective in doing so when the subject property is on a small lot with existing infrastructure at the street, such as the subject property in this request. The proposed rezoning would allow for infill development in a variety of housing types, and the flexibility of RI-U's lot dimensions would help to add additional housing on a small lot. This would be compatible with the new and old development pattern, and would continue to disallow multi -family development in the same way that the current zoning does. Lastly, the property has access to water and sewer, with existing lines for both being located on S. Wood Ave. Thank you for considering this request for rezoning. If you have any questions, please contact me at 479- 636-2168 or at wkellstrom(cr�,watkinslawofflce.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-2024-0060 One Mile View 19I F 818 S. WOOD AVE 0 0.13 0.25 0.5 Miles J - o_ LU a Subject Property � III RPZD 41 I I HUNTSVILLE RD Ics NC -4 ORTH �11DG �I � P- r 0 15TH rST MSC ; Z t- Z R-A RSF-8 01 UC Neighborhood Link --- Zoning � I-2 Generel Industrial RESIDENTIAL SINGLE-FAMILY EXTRACTION I� Regional Link -Hi High 9 9 Y -----' - - - - _ - �rvs-c �E-I RI-U COMMERCIAL Urban Center � RI- Residential-0r. NI C-1 -Unclassified _ _ �Reemennal-Agneeneral mc-z RSF-.5 C-3 Alley RSF-1 FORM BASED DISTRICTS Downtown Gore -Residential Link RSF' turban moroaghI RSF-� Shared -Use Paved Trail „ Maln Sbeet Centerenerel RSFA Downtmm G RSF-1e Cammanly Se — — Trail (Proposed) Design Overlay District p RESIDENTIAL MULTI -FAMILY Neighborhood Sery RMFE Neighborhood Conserredon RM113 PLANNED ZONING DISTRICTS Fayetteville City Limits _ _ _ _ _ _ Planning Area �- - - = �- _ _ ! RMF-13 Comme,cial. IntlusNal. ResitleMial RMF-2a INSTITUTIONAL RMF- i � Planning Area - - - - Fayetteville City Limits - -- g-, _ R 1 INDUSTRIAL Heavy CemmarclalaM Light lnduattlal RZN-2024-0060 Close Up View W Q W O L. \ 10 x m r RSF-18 m 11TH ST Neighborhood Link Unclassified Residential Link Trail (Proposed) Planning Area ! - - Fayetteville City Limits 818 S. WOOD AVE W Q G Subject Property RI-U Proposed R NI F-18 ,kFAIRL-ANE ST Q MCCLIN' Feet 0 75 150 300 450 600 1:2,400 MrIMENORTH Zone Current Proposed NC 0.6 0.0 RI-U 0.0 0.7 Total 0.7 ac RZN-2024-0060 Current Land Use Single -Family Residential and Undeveloped i roam 818 S. WOOD AVE nARTIN I LUTHER KING WB VD FS and Multi -Family Residential Subject Property Single-Family Residential and Commercial Single -Family and Multi -Family Residential - :«LZ1226.E Neighborhood Link FEMA Flood Hazard Data Unclassified too -Year Floocioain Residential Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 1:3,600 Fayetteville City Limits RZN-2024-0060 Future Land Use _ai 818 S. WOOD AVE �l WW _J 0�h v ROCK T .I J', Jr 1 MARTIN LUTHE Subject Property JKING:JR,BLVD IVI Civic and Private 44 Open Space Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link r Planning Area Fayetteville City Limits — — Trail (Proposed) Design Overlay District Industrial Natural 5TH ORTH Residential Neighborhoi i I I I I - - - HUNTSVILLE RD City Neighborh od 1 � w 0 0 z z w 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 0.54 ■ Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 483968 PO #: Matter of. ORD 6841 AFFIDAVIT • STATE OFARKANSAS ECEIVE 02/24/20 55 C TY OF FAYETTEV LLE CITY CLERK'S OFFICCE 1, Maria Hernandez -Lopez do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASHINGTONBENTON 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 6841 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 02123125; NWA nwaonline. com 02123125 State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 24th day of February, 2025 o�.�,,� ;:.. �0 FAP; y AVBL�G ' ,r, Ordinance: 6841 File Number: 2025-88 REZONING-2024-0060:(818 S. WOOD AVE./BELASCO, 563): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 6E FOR APPROXIMATELY 0.37 ACRES LOCATED AT 818 SOUTH WOOD AVENUE IN WARD 1 FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESI- DENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City 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 NC, Neighborhood Conservation to RI-U, Residen- tial Intermediate -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 February 18, 2025 Approved: Molly Rawn, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $89.68 February 23,2025 483968