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HomeMy WebLinkAboutOrdinance 6858Doc ID: 022086420003 Type: REL Kind: ORDINANCE Recorded: 05/01/2025 at 08:43:57 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk File2025_00011331 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6858 File Number: 2025-364 REZONING-2025-0004: (809 W. KELLEY STJ PARK AVENUE,366): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-04 FOR APPROXIMATELY 0.26 ACRES LOCATED AT 809 WEST KELLEY STREET STREET IN WARD 2 FROM RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, Four Units per Acre, to RI-U, Residential Intermediate — Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on April 1, 2025 Approved: Molly Rawn, Mayor Attest: PK i•:9�• V�r�e q M,.rrrrn: '• 94�rN':'� %�cy6:ri� Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $94.24 Page 1 RZN-2025-0004 Close Up View KELLEY-ST 809 W. KELLEY ST I RPZD I I I I I I I I I I I I 1 I-1 1 O,q .j 1 k 1 C-1 1 1 v rn Midtown SYCAMORE ST ----..1. ---- Trail --- ------ .-------5 W 1 Q 1 1 1 W 1 � 1 W 1 > 1 W 1 J 1 1 1 RW-40 1 1 1 Z 1 WISH L 1 1 1 1 1 1 1 NORTHi Neighborhood Link Unclassified Residential Link _~ Planning Area ! - - Fayetteville City Limits Feet 75 150 300 1:2,400 450 600 Zone Current Proposed RI-U 0.0 0.2 RSF-4 0.2 0.0 Total 0.2 ac RZN-2025-0004 EXHIBIT'B' Legal Description 809 W Kelley Street Fayetteville, AR 727703 Lot one (1) in Block (1) in Bel -Air Acres, a Replat of Lot Seventeen (17) Evins Farm, an Addition to the City of Fayetteville, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. LESS AND EXCEPT: part of Lot Numbered One (1) in Block Numbered One (1) in Bel -Air Acres , a Re -plat of Lot Seventeen (17) Evins Farm, an Addition to the City of Fayetteville, as per plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, being more particularly described as follows: Beginning at the Southeast corner of said Lot 1 and thence running West along the South property line 20.00 feet; thence North 53 degrees 07 minutes 48 seconds East 25.00 to the East line of said Lot 1; thence along the East line South 15.00 feet to the point of beginning, containing 150 square feet, more or less. Subject to easements, rights -of -way, and restrictions of record, if any. Washington County, AR I certify this instrument was filed on 05/01 /2025 08:43:57 AM and recorded in Real Estate File Number 2025-00011331 Kyle Sylvester - Circuit Clerk y CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 1, 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: Wesley Frank, Planner CITY COUNCIL MEMO SUBJECT: REZONING-2025-0004: (809 W. KELLEY STJ PARK AVENUE,366): RECOMMENDATION: 2025-364 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 at the northwest corner of the W. Sycamore Street and N. Leverett Avenue intersection. Additionally, the property also fronts on to Kelley Street to the north, from which it is addressed. The property contains 0.26 acres and is currently developed with a single-family dwelling, which Washington County records indicate was built in 1965. Request: The request is to rezone the subject property from from RSF-4, Residential Single -Family — 4 Units per Acre, to RI-U, Residential Intermediate — Urban. 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. While the subject property is situated on the edge of a single-family residential subdivision, the surrounding area has a variety of lot sizes and land uses. The lot within the subject property is relatively small, at about a'/4 acre, which suggests that any future development will be sized appropriately to the context. Additionally, given the building requirements and permitted uses associated with the RI-U zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single-family, multi -family, commercial, and industrial zoning districts. Rezoning to RI-U would permit, by right, the development of single-, two-, three-, and four -family dwellings, which appear to be compatible in use and incremental in density when compared to the surrounding area. The building height maximum for both RSF-4 and RI-U zoning districts is 3 stories, which means that rezoning would not permit the construction of buildings taller than what is currently allowed. However, the front and rear setback requirements, lot size, and lot width requirements would all be reduced. Where RSF-4 requires a 15-foot front and rear setback, RI-U would require a 25-foot build -to -zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RI-U would not have a minimum lot size requirement and would only require a minimum width of 18 feet. On the balance of findings, staff finds the requested RI-U zoning to be compatible with existing and potential land uses. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff finds that a rezoning to RI-U would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as City Neighborhood. The property also has an infill rating of 8 and is located 0.29 of a mile west from a Tier 3 center at the intersection W. Sycamore Street and N. Gregg Avenue. The City Plan 2040 describes Tier 3 centers as being "characterized by one or two commercial and/or multi -family buildings located on a single intersection while others develop into a mixed -use core extending over multiple blocks and serving a broad mix of housing." Staff finds that this rezoning is in line with this designation and would allow for increased development in character with surrounding properties along with its proximity to two regional high activity link streets. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane Street) • Near Sewer Main (15" located on W. Sycamore Street) • Near Water Main (8" located on W. Sycamore Street) • Near Grocery Store (Harps Food Store) • Near City Park (Gregory Park) • Near Paved Trail (Midtown Trail, Scull Creek Trail, and W. Sycamore Street bike lane) • Near Razorback Bus Stop (Leverett & Sycamore, Ruby Creek) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the March 10, 2025, Planning Commission meeting, a motion to forward this item with a recommendation of approval passed with a unanimous vote of 9-0-0. Commissioners offered little comment on the item, finding the request compatible. 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 #: 2025-364 REZONING-2025-0004: (809 W. KELLEY STJ PARK AVENUE,366): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024-04 FOR APPROXIMATELY 0.26 ACRES LOCATED AT 809 WEST KELLEY STREET STREET IN WARD 2 FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single -Family, Four Units per Acre, to RI-U, Residential Intermediate — Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2025-364 Item ID 4/1/2025 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/14/2025 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2025-0004: Rezone (809 W. KELLEY ST./PARK AVENUE, 366): Submitted by JEREMY KENNEDY for property located at 809 W. KELLEY ST in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.26 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost $ - Budget Adjustment $ - Remaining Budget V20221130 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE V0.111W ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Wesley Frank, Planner MEETING DATE: March 10, 2025 SUBJECT: RZN-2025-0004: Rezone (809 W. KELLEY ST./PARK AVENUE, 366): Submitted by JEREMY KENNEDY for property located at 809 W. KELLEY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 0.26 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2025-0004 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2025-0004 to City Council with a recommendation of approval." BACKGROUND: The subject property is located at the northwest corner of the W. Sycamore Street and N. Leverett Avenue intersection. The property contains 0.26 acres and is currently developed with a single- family dwelling, which Washington County records indicate was built in 1965. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential RI-U, Residential Intermediate - Urban South Commercial C-2, Thoroughfare Commercial East Multi -Family Residential RMF-40, Residential Multi -Family — 40 Units per Acre / C-1, Neighborhood Commercial West Single -Family Residential RSF-4, Residential Single -Family — 4 Units per Acre Request: The applicant is requesting to rezor Family — 4 Units per Acre, to RI-U, Residential that rezoning would allow for appropriate infill. the property from RSF-4, Residential Single - Intermediate — Urban. The applicant has stated Public Comment: Staff has not received comment at this time. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject property has frontage to W. Sycamore Street, N. Leverett Avenue, and Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 1 of 13 W. Kelley. W. Sycamore Street is an improved Neighborhood Link with asphalt paving, curb and gutter along the north side. N. Leverett Avenue is a partially improved Neighborhood Link with asphalt paving, curb and gutter and sidewalk along the west side. W. Kelley Street is a Residential Link street with asphalt paving, curb and gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject property. There is an existing 8-inch water main along the beneath W. Sycamore Street. There is also an existing 6-inch water main along the eastern side of N. Leverett Avenue. Sewer: Sanitary Sewer is available to the subject property. There are existing 15-inch sewer mains along both W. Sycamore Street and N. Leverett Avenue. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 8, located at 2266 W. Deane St., protects this site. The property is located approximately 1.2 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. The Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. No portion of the property lies within the Hillside -Hilltop Overlay District, nor within a Streamside Protection Zone. The property does not lie in the FEMA floodplain. There are hydric soils present on 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 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 at the time of development submittal. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate — Urban, requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family — 4 Units per Acre, requires 25% minimum canopy preservation. Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 2 of 13 CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 8, 2266 W. Deane Street) • Near Sewer Main (15" located on W. Sycamore Street) • Near Water Main (8" located on W. Sycamore Street) • Near Grocery Store (Harps Food Store) • Near City Park (Gregory Park) • Near Paved Trail (Midtown Trail, Scull Creek Trail, and W. Sycamore Street) • Near Razorback Bus Stop (Leverett & Sycamore, Ruby Creek) • Appropriate Future Land Use (City Neighborhood Area) 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: While the subject property is situated on the edge of a single-family residential subdivision, the surrounding area has a variety of lot sizes and land uses. The lot within the subject property is relatively small, at about a'/4 acre, which suggests that any future development will be limited in size. Given the building requirements and permitted uses associated with the RI-U zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single-family, multi -family, commercial, and industrial zoning districts. Rezoning to RI-U would permit, by right, the development of single-, two-, three-, and four -family dwellings, which appear to be compatible in use and incremental in density when compared to the surrounding area. The building height maximum for both RSF-4 and RI-U zoning districts is 3 stories, which means that rezoning would not permit the construction of any taller buildings. However, the front and rear setback requirements, lot size, and lot width requirements would all be reduced. Where RSF-4 requires a 15-foot front and rear setback, RI-U would require a 25-foot build -to -zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RI-U would not have a minimum lot size requirement and would only require a minimum width of 18 feet. Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 3 of 13 Land Use Plan Analysis: Staff finds that a rezoning to RI-U would be consistent with the City's adopted land use plans. City Plan 2040's Future Land Use Map designates the property as City Neighborhood. The property also has a good infill score of 8 and is located 0.29 of a mile west from a Tier 3 center at the intersection W. Sycamore Street and N. Gregg Avenue. The City Plan 2040 describes Tier 3 centers as being "characterized by one or two commercial and/or multi -family buildings located on a single intersection while others develop into a mixed -use core extending over multiple blocks and serving a broad mix of housing." Staff finds that this rezoning is in line with this designation. Staff finds that a rezoning to RI-U would allow for increased development that would be in character with surrounding properties and its proximity to two regional high activity link streets. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning this property from RSF-4, Residential Single -Family — 4 Units per Acre, to RI-U, Residential Intermediate — Urban, is justified given the city's stated goal of increased infill development as well as providing additional opportunities for attainable housing. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to RI-U has the potential to increase traffic in this area. However, given the size of the lot and the ability to access it via two Neighborhood Link and a Residential Link street, staff finds that the possibility of increased traffic danger and congestion is minimal. 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 subject property from RSF-4 to RI-U would have the potential to increase population density in this area in a way that would not undesirably increase the load on public services. Staff finds that the water and sewer infrastructure available to this site could support the impact that this zoning change would bring. 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. Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 4 of 13 Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2025-0004. PLANNING COMMISSION ACTION: Required YES (Date: March 10, 2025 O Tabled O Forwarded O Denied Notion: ISecond: Vote: BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 RSF-4, Residential Single -Family — Four (4) Units per Acre o §161.12 District RI-U, Residential Intermediate - Urban • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 5 of 13 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 6 of 13 (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 7 of 13 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations Building height maximum 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) Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 8 of 13 City of Fayetteville Planning Department 125 W Mountain Street Fayetteville, AR 72701 (479) 575-8267 Re: Rezoning Request 809 W Kelley Street To whom it may concern: Please accept this letter as my request for rezoning approval from District RSF-4, Residential Single -Family- Four (4) Units Per Acre to District RI-U, Residential Intermediate - Urban. This property is located in an area of the city with varied zoning districts and varied residential and commercial development forms. This includes C-1, C-2 and RI-U across the streets as well as various multifamily districts in the direct vicinity. Rezoning this property to RI-U will allow for an additional housing unit to be constructed in an area that already has much if not all the needed infrastructure. Thank you for your time in considering my request. Sincerely, JeremyKennedy,/ / Marquardt Speck House, LLC 479 841-4088 Planning Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 9 of 13 RZN-2025-0004 One Mile View R-A DEANE ST I RSF-4 CFO LNG ON, Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity — Unclassified — Alley — Residential Link Planned Neighborhood Link PI ad Residential Link m Shared Use Paved Trail — Trail (Proposed) Z 1 Fayetteville City Limits Illmh Planning Area M RSF-18A 809 W. KELLEY ST 0 0.13 0.25 0.5 Miles 1 1 _ 1 r I ' I Subject Property ft—W 00—M—NORTH W�41mimii 1 1 1 1 1 c-1 R-O r----l<Lits PlaFayg ®1IM!1111101 ORTH Q C7 C9 W V P-111111111111IR Zoning= I-2 General Indaetrisl RESIDENT IALSINGLE-FAMILY EXTRACTION NSG = E-1 RI-U COMMERCIAL RI-1z Residential-GFne NS-L C-1 Residendal-Agricallaral C-2 RSF-.a C3 RSF-1 FORM BASED DISTRICTS RSF-2 Downtown Core RSF< Urhan Tlwro ribn, RSF' �Maln aheet Center RSFA Dmm— General RSF-1a Community Servi.a RESIDENTIALMULTI-FAMILY Neighborhaed Servkes RMF. Nvghborheed Conse J. RM112 PLANNED ZONING DISTRICTS RMF-1a Commercial. I-strial. Residential RMF-sa INSTITUTIONAL RMF-Cg _ R 1 INDUSTRIAL I-1 Heavy Cemmardal aM Light Indaetdal annlnci Commission March 10, 2025 RZN-2025-0004 (PARK AVENUE) Page 10 of 13 RZN-2025-0004 Close Up View KELLEY-ST 809 W. KELLEY ST I RPZD I I I I I I I I I I I I 1 I-1 1 O,q .j 1 k 1 C-1 1 1 v rn Midtown SYCAMORE ST ----..1. ---- Trail --- ------ .-------5 W 1 Q 1 1 1 W 1 � 1 W 1 > 1 W 1 J 1 1 1 RW-40 1 1 1 Z 1 WISH L 1 1 1 1 1 1 1 NORTHi Neighborhood Link Unclassified Residential Link _~ Planning Area ! - - Fayetteville City Limits Feet 75 150 300 1:2,400 450 600 Zone Current Proposed RI-U 0.0 0.2 RSF-4 0.2 0.0 Total 0.2 ac March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 11 of 13 March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 12 of 13 RZN-2025-0004 Future Land Use lunicipal rnment DEANE ST I "F�4iAT,T—P DR Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Unclassified Allay Residential Link Planned Neighborhood Link Planned Residential Link 1 1 Planning Area Fayetteville City Limits — Trail (Proposed) 809 W. KELLEY ST Subject Property Feet 0 305 610 1,220 1:10,000 City qu Neighborhood 1,830 2,440 ORTH Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center March 10, 2025 RZN-2025-0004 (PARK AVENUE) Paqe 13 of 13 Form v1.54 N\AiAeami3 Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 496298 PO #: Matter of: ORD 6858 AFFIDAVIT • STATE OF ARKANSAS ECEIVE 04/07/2025 CRY OF F1IYETTEV$LLE CITY CLERK'S OFFICE 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 6858 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 $94.24. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 04106125; NWA nwaonline.com 04106125 u i B RA Legal Clerk �•`.�Y ,�'� ��" �'S'b'�' State of ARKANSAS, County of Sebastian Tggy n.. a.. .ft v.: 0 Subscribed and swom to before me on this 7th day of April, 2W P . c CUP:" N ARY PUBLIC Ordinance: 6858 File Number: 2025-364 REZONING-2025-0004:(809 W. KELLEY STJ PARK AV- ENUE,366): AN ORDINANCE TO REZONE THE PROPERTY DESCRIBED IN REZONING PETITION RZN 2024- 0E FOR APPROXIMATELY 0.26 ACRES LOCATED AT 809 WEST KELLEY STREET STREET IN WARD 2 FROM RSF-4, RESIDEN- TIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO RI-U, RESI- DENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS; Section I: That the City Coun- cil of the City of Fayetteville, Arkansas hereby changes the zone classification of the prop- erty shown on the map (Exhibit A) and the legal description (Ex- hibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single-Famlly, Four Units per Acre, to RI-U, Residential Inter- mediate — Urban. Section 2: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on April 1, 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: $94.24 April 6, 2025 496296