No preview available
HomeMy WebLinkAboutOrdinance 6855 04 FAYErrE, 1111111111111 ilIIIII IIllIllhIIII II II 11111111111111111 Doc ID: 022032140003 Type: REL �. ��I�F�_; Kind: ORDINANCE Recorded: 03/28/2025 at 09:42:49 AM Fee ing: n2C.u0 yagA 1 of 3 Washington County, AR 4'pKAss's Kyle Sylvester Circuit Clerk 113 West Mountain Street File2025-00007934 Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6855 File Number: 2025-275 REZONING-2024-0058: (123 E. 15TH ST./KOMANDER,602): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-58 FOR APPROXIMATELY 3.14 ACRES LOCATED AT 123 EAST 15TH STREET IN WARD 1 FROM R-A, RESIDENTIAL-AGRICULTURAL TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from R-A, Residential-Agricultural 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. PASSED and APPROVED on March 18,2025 Approved: Attest: /(ait61:-Pc -r1-(1,1:::'': 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-2024-0058 Close Up View 123 E 15TH ST 1 I F RI-U Walker Park Connector I NS-L mml i > P-1 1 LU 1 w 1 J 1 J 1 Q 1 V Walker Park Trail 1 ---------L- Regional Link - High Activity Alley Residential Link - - - Trail (Proposed) Planning Area Fayetteville City Limits RMF Subject Property Proposed R-A Feet 0 75 150 300 450 600 1:2,400 RZN-2024-0058 EXHIBIT 'A' A�k NORTH Zone Current Proposed DG 0.0 3.1 R-A 3.1 0.0 Total 3.1 ac u:\LU15\19-1U1 t ibtt1 Fayetteville - 13oundary 6urvey\5U Parent Tract: s\25-101 RZN-2024-0058 EXHIBIT 'A' Rezone Description: Part of the NW-,1 SW4 of Section 22, T-16-N, R-30-W, Washington County, Arkansas per Warranty Book: 2022, and Page: 13663. T-16-N R-30-W NW NE 22 NE SW SE SW SW SE SW Part of the NW1/4 SW1/4 of Section 22, T-16-N, R-30-W, Washington County, Arkansas, being more particularly described as follows: NW CORNER NWa sw,,, ARKANSAS HW Y Commencing at the Northwest corner of the said NW1/4 SW1/4; Thence S 02°46'43" W the Westerly line the NW1/4 SW1/4, distance SECTION 22, 16 along of said a of ( EAST 15TH STREET) T-16-N, R-30-W 37.37 feet to a set 8" rebar (PLS #1441) lying on the Southerly right of way line of Arkansas Highway 16 and the Point of Beginning; Thence S 87°29'38" E along J the Southerly right of way line of said Arkansas Highway 16, a distance of 235.26 �9'38" E 235.26' feet to a sett" rebar (PLS #1441); Thence S 03°10'21" W, a distance of 253.17 P.O.B. SET e"REBAR SET s"REBAR "REB#1441 feet to a set g rebar (PLS #1441); Thence S 87°31'39" E, a distance of 159.72 s (PLS (PLS #1441)1 feet; Thence S 02o46'43" W, a distance of 191.87 feet to a point lying on the Northerly line of the 1 % Annual Chance Flood (100 year flood) line, according to Flood Insurance Rate Map, Washington County, Arkansas, Map Number PT NW4 SW4 05143CO216G, Map Revised January 25, 2024; Thence along the Northerly line SECTION 22, T-16-N, R-30-W 1 of said 1 % Annual Chance Flood line the following thirteen courses: S 82°32'44" KOMANDER, JOHANN ri W, a distance of 43.66 feet, S 77°37'03" W, a distance of 27.37 feet, N 85°59'22" LO KASPER & KRISTEN NIPPER N W, a distance of 117.03 feet, N 76°22'06" W, a distance of 17.85 feet, N 58°17'11" W a distance of 41 97 feet N 76'11'36" W a distance of 27 70 feet S 159.72' SETS"REBAR (PLS #1441) [cm, ���X%111IIIIII///// 0,F ,A„UTy'�%,, FOUND \ I� \�\� DEVELOPMENT' CONSULTANTS 2,,'REBAR �° =0'= INC - - (PLS #1349) 11 $ r c� �6 � ZONE X �02,$' CygNCE FLOOD] L4 L / L 10 ZONE qE (1,% CHgNCE FLOODf , 14 / 7-1 PT NW-1 4 SW4 SECTION 22, T-16-N, R-30-W KOMANDER, JOHANN / FOUND z"REBAR KASPER & KRISTEN NIPPER I PARCEL ID: 765-15170-000 / 1P ± 5.62 ACRES WITHIN THE M 1 % CHANCE FLOOD AREA CID W N co N PARCEL ID: 765-15170-000 I 65°04'09" W, a distance of 45.67 feet, S 80'13'07" W, a distance of 25.21 feet, S ± 3.14 ACRES NORTH OF 1 % 88°12'20" W, a distance of 26.29 feet, N 04°03'39" W, a distance of 9.63 feet, N CHANCE FLOOD LINE o 87-13'17" W, a distance of 22.02 feet, S 03°08'03" E, a distance of 31.67 feet, S 78'12'41" W, a distance of 14.73 feet to a point on the Westerly line of the o rn o aforesaid NW4 SW4; Thence N 02°46'43" E along the Westerly line of said NW4 C�l 10 U) SW4, a distance of 480.96 feet to the Point of Beginning, containing 3.14 Acres more or less. W ® MJ ® SET s"REBAR �I (PLS #1441) d S 87°31'39" E of LU O Uj Z SET 8"REBAR (PLS #1441) \ N 87028'42" W 393.24' 200 100 0 100 200 Certification GRAPHIC SCALE 1 " = 100' Notes: F'� NDAR :_ No.128 ��\\111111111///� :STATE OFF: a ; ARKANSAS •; NO. 1441 ;p_ ro� • • \ •.FN J ..• �J �IC „ �,P\;,p 1/22/25 LINE BEARING DISTANCE L1 S 02°46'43" W 37.37' L2 S 82°32'44" W 43.66' L3 S 77°37'03" W 27.37' L4 N 85°59'22" W 117.03' L5 N 76°22'06" W 17.85' L6 N 58°17"1" W 41.97' L7 N 76'11'36" W 27.70' L8 S 65°04'09" W 45.67' L9 S 80°13'07" W 25.21' L10 S 88'12'20" W 26.29' L11 N 04°03'39" W 9.63' L12 N 87'13'17" W 22.02' L13 S 03°08'03" E 31.67' L14 S 78'12'41" W 14.73' i it iI Based on scaled map location and graphic plotting only, a portion of the property shown hereon is in the I, Allen J. Young, certify that a Boundary Survey was performed on the Property shown hereon by a Floodway and in Flood Zone AE, which is a Special Flood Hazard Area subject to inundation by the 1 % D.C.I. Field Crew under my supervision and this drawing is an accurate representation of the Annual Chance Flood (100 year flood), according to Flood Insurance Rate Map, Washington County, Survey results. All property corners not found are set in accordance with existing found monuments Arkansas, Map Number 05143CO216G, Map Revised January 25, 2024. in the area. _ Bearings are based on Arkansas State Plane Coordinates - North Zone, NAD83 (NSRS2011), per GPS -- observation. 1122125 en J. Y g Date Rights of way and Easements are shown hereon as per documents provided to the surveyor. Additional Arkansas egistered Professional Rights of way and Easements recorded or not a part of the public record, may or may not exist that Land Surveyor No. 1441 affect the subject property. DEVELOPMENT CONSULTANTS INCORPORATED ° 123E 15TH STREET -REZONEo 9 cNnZ FAYETTEVILLE, ARKANSASo o - CHEET TITLE N n BOUNDARY SURVEY N J N Washington County. AR I certify this instrument was filed on 03/28/2025 09:42:49 AM and recorded in Real Estate File Number 2025-00007934 Kyle Sylvester- Circuit Clerk by CITY OF FAYETTEVILLE ARKANSAS MEETING OF MARCH 18, 2025 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 CITY COUNCIL MEMO SUBJECT: REZONING-2024-0058: (123 E. 15TH ST./KOMANDER, 602): RECOMMENDATION: 2025-275 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 '13'. BACKGROUND: The subject property is situated in south Fayetteville on the south side of 15th Street/Highway 16, just southeast of Walker Park. It includes 3.14 acres that constitute the northernmost portion of a larger eight -acre property which is currently zoned R-A, Residential -Agricultural. The property received its current zoning designation through a rezoning which was approved in 2020 (Ord. 6290). Prior to the rezoning, the eight -acre property was split -zoned with the northern third of the property being zoned R-A; the middle third zoned RMF- 24, Residential Multi -Family, 24 Units per Acre; and the southern third zoned 1-1, Heavy Commercial and Light Industrial. Request: The request is to rezone the subject property from R-A, Residential -Agricultural to DG, Downtown General. Public Comment: To date, staff has not received any public comment regarding this request. Land Use Compatibility: Staff finds the proposed rezoning to be compatible with the surrounding area. The subject property is located along a major thoroughfare, 15th Street/Highway 16, and is bordered by a mix of land uses, including single-family residences, a mobile home park, and a manufacturing facility. The property's current zoning, R-A, is primarily intended to protect agricultural land until an orderly transition to urban development may occur, while preserving open space. The proposed zoning, DG, is designed to allow for a flexible range of uses, including public open spaces, less intense residential development, and small-scale businesses. Staff finds that the uses permitted by right in DG, such as single- or multi -family residences, restaurants, professional offices, and small-scale production, align with the surrounding development and zoning patterns. Further, a rezoning from R-A to DG would promote a more urban development pattern which staff finds to be appropriate in this location. Where R-A requires traditional setbacks with buildings located a certain distance away from property lines, DG is a form -based district which requires buildings to be located closer to the street. A rezoning to DG would also allow for smaller lot width and area requirements, as well as less restrictive density maximums when compared to R-A. R-A requires a minimum lot width of 200 feet and a minimum lot area of 2 acres, while DG requires a minimum lot width of 18 feet for residential uses and it has no Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 lot area minimum. R-A has a density maximum of/z unit per acre, while DG has no set density limitation. Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the subject property as Industrial Area and Natural Area. Staff finds the proposed rezoning to be aligned with those designations, since it would allow the northernmost portion of the underlying property to be rezoned to a district that allows greater flexibility in terms of land uses, setbacks, and bulk and area regulations, while keeping the southernmost portion of the site, which contains a protected stream and FEMA-designated floodplain, in R-A zoning. Staff finds that the proposed rezoning could support Goals 1 and 4 of City Plan 2040 by allowing for infill development in close proximity to trails and bus routes. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5=6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (12-inch main, 15th Street) • Near Sewer Main (8-inch mains, on site) • Near City Park (Walker Park) • Near Paved Trail (Walker Park Trail, Frisco Trail) • Near ORT Bus Stop (Route 20) DISCUSSION: At the February 24, 2025 Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a unanimous vote of 6-0-0. Commissioners offered little comment on the item, finding the request compatible. Commissioners did ask about the southern boundary line and whether it would create issues with zoning enforcement; staff confirmed it would not, and the applicant confirmed its alignment with the floodplain. 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 #: 2025-275 REZONING-2024-0058: (123 E. 15TH ST./KOMANDER, 602): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-58 FOR APPROXIMATELY 3.14 ACRES LOCATED AT 123 EAST 15TH STREET IN WARD 1 FROM R-A, RESIDENTIAL -AGRICULTURAL 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-A, Residential -Agricultural 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 2025-275 Item ID 3/18/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/28/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2024-0058: Rezoning (123 E. 15TH ST./KOMANDER, 602): Submitted by JOHANN KOMANDER for property located at 123 E. 15TH ST. in WARD 1. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.14 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget $ Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No 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: February 24, 2025 (updated with results) SUBJECT: RZN-2024-0058: Rezoning (123 E. 15TH ST./KOMANDER, 602): Submitted by JOHANN KOMANDER for property located at 123 E. 15T" ST. The property is zoned R-A, RESIDENTIAL -AGRICULTURAL and contains approximately 3.14 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. RECOMMENDATION: Staff recommends forwarding RZN-2024-0058 to the City Council with a recommendation of approval. RECOMMENDED MOTION: `7 move to forward RZN-2024-0058 to the City Council with a recommendation of approval." BACKGROUND: The subject property is situated in south Fayetteville on the south side of 15t" Street/Highway 16, just southeast of Walker Park. It includes 3.14 acres that constitute the northernmost portion of a larger eight -acre property which is currently zoned R-A, Residential -Agricultural. The property received its current zoning designation through a rezoning which was approved in 2020 (Ord. 6290). Prior to the rezoning, the eight -acre property was split -zoned with the northern third of the property being zoned R-A; the middle third zoned RMF-24, Residential Multi -Family, 24 Units per Acre; and the southern third zoned 1-1, Heavy Commercial and Light Industrial. 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, DG, Downtown General Undeveloped South Undeveloped R-A, Residential -Agricultural East Single -Family Residential, R-A, Residential -Agricultural, Industrial 1-1, Heavy Commercial and Light Industrial West Mobile Home Park, RMF-24, Residential Multi -Family, 24 Units per Acre, Mini -Storage 1-1, Heavy Commercial and Light Industrial Request: The request is to rezone the subject property from R-A, Residential -Agricultural to DG, Downtown General. Public Comment: To date, staff has not received any public comment regarding this request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW: Streets: The subject property has frontage along 15th Street (Arkansas Highway 16), a Regional High -Activity Link Street. The street is fully improved with asphalt paving, bike lanes, curb and gutter, storm drain, greenspace, and sidewalk. 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 the south side of 15th Street that can serve this property. Sewer: Sanitary sewer is available to the subject property. There are two eight -inch sanitary sewer mains, one that runs along the west property line and one that runs between the two parcels included in the request, that can provide sewer service. There are also two sewer transmission mains, a 30-inch and a 42-inch, that exist on the property about 350 feet south of 15th Street. 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. Hydric soils, however, are present on the north portion of the subject area near 15th Street. 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 improvements or requirements for drainage will be determined at the time of development submittal. Fire: Station 9, located at 2250 S. School Ave., protects this site. The property is located approximately one mile from the fire station with an anticipated drive time of approximately two minutes using existing streets. The anticipated response time would be approximately 4.2 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, DG, Downtown General, requires 10% minimum canopy preservation. The current zoning district, R-A, Residential -Agricultural, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Industrial Area and Natural Area. Industrial Areas are those areas where buildings by their intrinsic functions, disposition or configuration, cannot conform to one of the other designated areas and/or its' production process requires the area to be separated from other uses. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score range of 5-6 for this site with a weighted score of 6_5 at the highest level. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 9, 2250 S. School Ave.) • Near Water Main (12-inch main, 151 Street) • Near Sewer Main (8-inch mains, on site) • Near City Park (Walker Park) • Near Paved Trail (Walker Park Trail, Frisco Trail) • Near ORT Bus Stop (Route 20) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the proposed rezoning to be compatible with the surrounding area. The subject property is located along a major thoroughfare, 15t" Street/Highway 16, and is bordered by a mix of land uses, including single-family residences, a mobile home park, and a manufacturing facility. The property's current zoning, R-A, is primarily intended to protect agricultural land until an orderly transition to urban development may occur, while preserving open space. The proposed zoning, DG, is designed to allow for a flexible range of uses, including public open spaces, less intense residential development, and small-scale businesses. Staff finds that the uses permitted by right in DG, such as single- or multi- family residences, restaurants, professional offices, and small-scale production, align with the surrounding development and zoning patterns. Further, a rezoning from R-A to DG would promote a more urban development pattern which staff finds to be appropriate in this location. Where R-A requires traditional setbacks with buildings located a certain distance away from property lines, DG is a form -based district which requires buildings to be located closer to the street. A rezoning to DG would also allow for smaller lot width and area requirements, as well as less restrictive density maximums when compared to R-A. R-A requires a minimum lot width of 200 feet and a minimum lot area of 2 acres, while DG requires a minimum lot width of 18 feet for residential uses and it has no lot area minimum. R-A has a density maximum of unit per acre, while DG has no set density limitation. Land Use Plan Analysis: Staff finds the applicant's request to be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the subject property as Industrial Area and Natural Area. Staff finds the proposed rezoning to be aligned with those designations, since it would allow the northernmost portion of the underlying property to be rezoned to a district that allows greater flexibility in terms of land uses, setbacks, and bulk and area regulations, while keeping the southernmost portion of the site, which contains a protected stream and FEMA-designated floodplain, in R-A zoning. Staff finds that the proposed rezoning could support Goals 1 and 4 of City Plan 2040 by allowing for infill development in close proximity to trails and bus routes. 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-A to DG since the proposed rezoning would be generally aligned 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-A to DG has the potential to increase vehicular traffic in the area when considering that DG would allow for more dense development. However, staff finds that the property's proximity to nonresidential uses, bus routes, and trails may help reduce the number of vehicle trips generated by future development and limit impacts on vehicular traffic danger and congestion. 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-A to DG has the potential to alter the population density since 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 recommends forwarding RZN-2024-0058 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: February 24, 2025 Motion: Second: Brink Vote: 6-0-0 BUDGET/STAFF IMPACT: None O Tabled 0 Forwarded with a recommendation of approval ATTACHMENTS: • Unified Development Code o §161.03 District R-A, Residential -Agricultural o §161.28 Downtown General • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map O Denied 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half 'h (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story 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 one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. 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 laces Unit 15 Neighborhood shopping goods 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) 1 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 12 feet (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories Johann Komander 187 E 9th St Fayetteville, AR 72701 (479) 651-2047 iohann.komander@gmail.com 15th November 2024 City of Fayetteville, AR Planning Division 125 West Mountain Street Fayetteville, AR 72701 Dear Fayetteville Planning Division, My name is Johann Komander and my wife and I own the 9 acre undeveloped lot located at 123 E 15th St. In the Washington County records this property also goes by 1500 S College Ave. It consists of two parcels 765-15170-000 and 765-15171-000. We are wishing to sell the property and would like to rezone in advance of that so that the property is both already zoned for redevelopment potential and also done so in accordance with the city's long term vision for such a property. This property is located on 15th street, a busy urban thoroughfare, and adjacent to Walker Park, which is anticipated to see major city reinvestment in the coming years. There are also multiple new neighborhoods in various stages of development in the nearby area, such as the Rausch Coleman neighborhood just east of the property on 15th st, as well as new homes in the Jefferson school area, such as the Willow Bend neighborhood. This property is also quite close to the Razorback Greenway and just a 15 minute walk to the downtown square. Based on these factors, I believe this property is in a desirable location for the city's stated goals of increasing density with more mixed uses in the vicinity of active areas. The City of Fayetteville 2040 plan has a target zoning district for this property of Industrial, which makes sense given the nearby self storage business and Hiland Dairy. However, I think the property now has more mixed use potential now given the new housing stock, planned Walker Park updates, and growing traffic on the street. For these reasons, I am requesting Downtown General zoning for the upper portion of the property south of 15th street and north of the floodplain. Based on my understanding, this would allow for a variety of housing or commercial uses but also allow for some industrial uses with the proper permitting. This seems to be a commonly used zoning type in the immediate area. You will see in your records that this property has some history already of more mixed use zoning. When we purchased it in 2019, it had 3 separate zoning types: R-A on the top portion fronting 15th street, RMF-24 on the middle portion, and R-1 on the bottom portion in the vicinity of Town Branch Creek. In 2020, we were approved for a request to consolidate all of it to R-A (our intent at the time was to have animals on the property). During that process, the Planning Commission advocated for an upzoning on the upper portion, to accommodate more density and housing development on the 15th street frontage. Ultimately the Commission granted our R-A request given that a portion of property is encumbered by the floodplain, but did at the time desire higher density zoning on the street frontage. Initially, I applied for a rezone for the full property, but after consulting with planning staff, I have amended my request to rezone only the upper third of the property outside of the floodplain and fronting 15th street. Our primary focus in this request is to allow for this portion of the property to be optimally redeveloped. This would provide maximum flexibility in my view for a potential buyer of the property while also ensuring it is in alignment with the City's long term goals for the neighborhood. Sincerely, Johann Komander RZN-2024-0058 One Mile View 123 E 15TH ST RPLD 0 0.13 0.25 0.5 Miles 1 � 1 . 1 1 1 j Subject Property 1 1 1 P-1 r 1 1 ORTH NTSVILLZRD I MSC 1 i 1 I 1 � I C RSF-8 I-1 I I 19TH ST I I RMF-24 RI-12 I I I I-2 I I cgTo • srgT/0 SPRIIV Sr§' . RD 0 RSF-4 V YI Regional Link - - - Zoning RESIDENTIAL SINGLE-FAMILY �I-2 General lntlustrisl EXTRACTION IIIIIIII� Neighborhood Link _ _ _ _ _ - NS-G RI-U ii E-1 COMMERCIAL Regional Link- High Activity 11I-1z NI Reaidemial- . C-1 — Unclassif,ed — Alley _ 1 _ ..id.nY&l erlcunu RSIs RSF-1 IIIIIIIII c-z C-3 FORM BASED DISTRICTS — Residential Link _ RsR-z SF< Ittt�Downtown core Urban Tlwro rfhl Planned Neighborhood Link _ Shared Paved Trail r� RSFA Re Ittt�Mdln sbeat Center Ittt� Dovm— General -Use — - Trail (Proposed) ❑ p RESIDENTIAL MULTI -FAMILY Neighborhootl Servkes RMFS Neighborhootl Conserredon Design Overlay DISIfICi L � g Y r , _ _ _ _ _ 1 ii RMF-13 Ittt� RMF-19 PLANNED ZONING DISTRICTS IIIIIIIII Commercial. Intluslrial. ResitleMial _ - Fayetteville City Limits r r r r _ _ - - r ----� Planning Area - ___ Ittt� RMF-2C .RMF-ag INSTITUTIONAL 1 1 Planning Area Fayetteville City Limits ___ g IIIIIIIII P-1 INDUSTRIAL I-, Heavy CemmarclalaM Light lndoatdal RZN-2024-0058 Close Up View 123 E 15TH ST 1 I F RI-U Walker Park Connector I NS-L mml i > P-1 1 LU 1 w 1 J 1 J 1 Q 1 V Walker Park Trail 1 Regional Link - High Activity Alley Residential Link - - - Trail (Proposed) Planning Area Fayetteville City Limits RMF Subject Property Proposed R-A a� Feet 0 75 150 300 450 600 1:2,400 A�k NORTH Zone Current Proposed DG 0.0 3.1 R-A 3.1 0.0 Total 3.1 ac RZN-2024-0058 123 E 15TH ST Future Land Use Mi I city eighborhood i Subject Property ivic a Private open Space _.JJr P Industrial Natu,ral ORTH T-=- NlSvu,�, - t t t Non -Municipal q1qE1t t Government t Rural W Residential 0 Y Residential _Q.I Neighborhood COI MJ U Regional Link City Neighborhood Neighborhood Link � Civic Institutional Regional Link - High Activity - Unclassified Civic and Private Open Space Alley Industrial Residential Link Feet Natural Planned Neighborhood Link Non -Municipal Government i Planning Area 0 305 610 1,220 1,830 2,440 Residential Neighborhood Fayetteville City Limits Trail (Proposed) 1:10,000 I Rural Residential -1 Design Overlay District Urban Center Form vl.54 NVNDECEIVE 4N, 03/24/2025 inedia CITY OF FAYETTEV LLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILIE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 491988 PO#: Matter of: ORD 6855 AFFIDAVIT•STATE OF ARKANSAS l 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 6855 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 03/23/25;NWA nwaonline.com 03/23/25 71111-64Wei,mae,t , Legal Clerk State of ARKANSAS,County of Sebastian Subscribed and sworn to before me on this 24th day of March, 2025 - • NOTARY PUBLIC Ordinance:6855 File Number:2025-275 REZONING-2024-0058: (123 E.15TH STIKOMANDER, 602): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETMON RZN 2024- 58 FOR APPROXIMATELY 3.14 ACRES LOCATED AT 123 EAST 15TH STREET IN WARD 1 FROM R-A, RESIDENTIAL-AGRICUL- TURAL TO DG, DOWNTOWN GENERAL 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 R-A,Residential- Agricultural to DG,Downtown General. Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on March 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:689.68 March 23,2025 491988