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Home My WebLink AboutOrdinance 5433 C IIII�III IIIII NIII Ill 11111 nlli 11111 lel 11111 11111 11111 11111 11 11 Illi D c ID: p1420S8b0003.Typec REL Recorded 109%16/2011 at 01:45:42 PM Fee Amt: $25.00 Page 1 of 3 Bette Stamp6 ClrcultRClerk F11e2011.00025975 ORDINANCE NO. 5433 AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3877, FOR APPROXIMATELY 2.92 ACRES, LOCATED AT 130 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI-FAMILY, 40 UNITS PER ACRE, 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 following described property from RMF-40, Residential Multi-Family, 40 units per acre to DG, Downtown General, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. 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 this 16''day of August, 2011. APPROVED: ATTEST: By: - - By: �i 0_'W'W /%;_. � ) I NELD AN,Mayor SONDRA E. SMITH, City Clerk/Treasurer 6X GAS Y pSG�.� �U• ;fie :FAYETF ILLE: ;�y�;.9,QkANSP�J�e "41 Tos EXHIBIT "All RZN11-3877 ECO MODERN FLATS Close Up View ...a POWEWOO(� f'<. mft ...,. .......,.....rtes IMEADOWST 8 '•.:g w zza SUBJECT PROPERTY ca .3 7READWELL ST Y 2 •� 7J ` I I V •Z y n r�SM PUTMAN ST ROCKS? A A PA 6p � - R-0 00. m IiI' j If;'SII QQ L® r RSF4 i• ' I�f 1 _ ! � ISOUTHS ...... dm- Tra;jl{Exist �.• RSF-7 I ; .. 10, F uref'rpils mel Z'N1f=3877 1 . µFootprints 2010 _ Hillside-Hilltop Overlay District .L _! Design Overlay Di trict Design Overlay M.trict ------ Planning Area Fayetteville 0 zs 250 600 750 OFee EXHIBIT /°B" RZN 11-3877 EXISTING DEED DESCRIPTION BOOK 2010,PAGE 133721: LOTS 7,8,9,10,11,12,13,14,15,16,17,AND 18, BLOCK 1, PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 6, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. TOGETHER WITH THAT PORTION OF THE ALLEY IN SAID BLOCK 1, LYING ADJACENT TO AND IN BETWEEN LOTS 7, 8, 9, 10, 11, 12, BLOCK 1 AND LOTS 13, 14, 15, 16, 17, 18, BLOCK 1, PUTMAN'S ADDITION, AS CLOSED BY FAYETTEVILLE CITY ORDINANCE. SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES. Washington County,AR I certify this instrument was filed on 09/16/2011 01:45:42 PM and recorded in Real Estate File Number 2011-00025975 Bette Stamps- Circuit lark City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/16/2011 City Council Meeting Date Agenda Items Only Jesse Fulcher Planning Development Services Submitted By Division Department Action Required: RZN 11-3877: (130 S. Hill Ave./Eco Modern Flats, 522): Submitted by Seth Mims for property located at 130 South Hill Avenue. The property is zoned RMF-40, Residential Multi-Family, 40 Units per acre and contains approximately 2.92 acres. The request is to rezone the subject property to DG, Downtown General. Cost of this request Category/Project Budget Program Category/Project Name Account Number Funds Used to Date Program/Project Category Name Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution# Department Dir for Date Original Contract Date: F Zrl- I Original Contract Number City Attorney 1 (� � Date YoA Q td.� ��` -1 - LOtt ` r F, Finance and Internal Services Director Date Received in Clty og{^.1, J�� Cterk's Office CITY OF ifs.,: hie of St ff Date Received in pi:llT Mayor's Office ayor fSate Comments: Revised January 15, 2009 • TyeIrve e THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE A F iCAN SAS CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Marr, Chief of Staff Jeremy Pate, Development Services Director From: Jesse Fulcher, Current Planner Date: July 28, 2011 Subject: RZN l l-3877 (Eco Modern Flats) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance to rezone the subject property from RMF-40, Residential Multi-family, 40 units per acre to DG, Downtown General. BACKGROUND The subject property contains approximately 2.92 acres that is bounded by Hill Avenue to the west, Putman Street to the south and University Avenue to the east. The property is developed with four apartment buildings that were constructed in the 1960's/1 970's. Significant renovations to the buildings and grounds are in progress. The applicant has submitted an application to rezone the property from RMF-40, Residential Multi-family, 40 units per acre to DG, Downtown General. DISCUSSION On July 25, 2011, the Planning Commission forwarded this item to the City Council with a recommendation of approval for the DG, Downtown General zoning district with a vote of 8-0-0. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 11-3877, FOR APPROXIMATELY 2.92 ACRES, LOCATED AT 130 SOUTH HILL AVENUE FROM RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE, 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 herby changes the zone classification of the following described property from RMF-40, Residential Multi-Family, 40 units per acre to DG, Downtown General, as shown on Exhibits "A" and `B" attached hereto and made a part hereof. 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 this day of 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" RZN11-3877 ECO MODERN FLATS Close Up View POWERHO' xsC MEADOW ST '¢ n 11 - `. r 'SUBJECT PROPERTY S rI a IK TREADWELL ST 1 vi' 'J mi re Pl1TMAH ST •• '' .Y i i _ _•.. ` -' i f ROCK Gi a z iu �. DO SJ fIJ f i Q J f Lellll _ x RSF4ri Multi-Use'Trail,(Existig) ` RSF.7 +� u„ �.. ��Future:,7roils � I ,., a iSODTH3 �aRZN11'``3877 �Wootprints 200 - Hillside-Hilltop Overlay District Design Overlay Di 3trict Design Overlay Di trict ------ Planning Area 0 125 250 500 750 1.000 Fayetteville Fee EXHIBIT "B" RZN 11-3877 EXISTING DEED DESCRIPTION (BOOK 2010, PAGE 13372): LOTS 7,8,9,10,11,12,13,14,15,16,17, AND 18, BLOCK 1, PUTMAN'S ADDITION, TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 6, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. TOGETHER WITH THAT PORTION OF THE ALLEY IN SAID BLOCK 1, LYING ADJACENT TO AND IN BETWEEN LOTS 7, 8, 9, 10, 11, 12, BLOCK 1 AND LOTS 13, 14, 15, 16, 17, 18, BLOCK 1, PUTMAN'S ADDITION, AS CLOSED BY FAYETTEVILLE CITY ORDINANCE. SUBJECT TO EASEMENTS, RIGHTS-OF-WAY, AND PROTECTIVE COVENANTS OF RECORD, IF ANY. SUBJECT TO ALL PRIOR MINERAL RESERVATIONS AND OIL AND GAS LEASES. Ta7elm e PC Meeting of July 25, 2011 Ai THE CITY OF FAYETTEVILLE, ARKANSAS 125 W. Mountain St. Fayetteville,AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner THRU: Jeremy Pate, Development Services Director DATE: Tu' 44,-24 'r Updated July 28, 2011 RZN 11-3877: Rezone (130 S. HILL AVE./ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF- 40, RESIDENTIAL MULTI-FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to DG, DOWNTOWN GENERAL. Planner: Jesse Fulcher BACKGROUND: Property Description: The subject property contains approximately 2.92 acres that is bounded by Hill Avenue to the west, Putman Street to the south and University Avenue to the east. The property is developed with four apartment buildings that were constructed in the 1960's/1970's. Significant renovations to the buildings and grounds are in progress. SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning from Site North Single-family/Multi-family DG, Downtown General South Single-family/Multi-family RMF-40, Residential Multi-family 40 units/acre East Single-family/Multi-familv Neighborhood Conservation/Main Street Center West Multi-family RMF-40, Residential Multi-family 40 units/acre Proposal: The applicant is requesting to rezone the property to DG, Downtown General. Public Comment: No public comment has been received. RECOMMENDATION: Finding that the proposed rezoning is consistent with City Plan 2030 and based on the additional findings stated herein, staff recommends forwarding RZN 11-3877 (Eco Modem Flats) to the City Council with a recommendation for approval. G:IEY'COevelopnent Services Review12011IDevelopment Reviewll/-3877 RZN 130 S.Hill(Eco Modem Flws)103 Planting Commission107-25- /hCamrnenls and Redlnresi l l-3877 PLNG Reportdoc PLANNING COMMISSION ACTION: Required YES Date: July 25, 2011 O Tabled Forwarded O Denied Motion: Chesser Second: Cook Vote: 8-0-0 CITY COUNCIL ACTION: Required YES O Approved O Denied Date: August 16, 2011 INFRASTRUCTURE: Streets: The site has access to Hill Avenue, Putman Street, and University Avenue. Hill Avenue is an older improved two lane public street in this location. University and Putman Street are both unimproved two lane paved city streets in this location. Street improvements will be evaluated at the time of development submittal. Water: Public water is available to the property. There is a 4" water main along Hill Avenue and a 6" water main along Putman Street. Public water main improvements may need to be extended onto the property to provide domestic and fire flow for any proposed development. Sewer: Sanitary sewer is available to the site. There is an 8" public main along University Avenue on the east side of this property. Public mains may need to be extended to the property to serve any new development. The capacity of the existing mains may need to be evaluated with any proposed development. Drainage: Standard improvements and requirements for drainage will be required for any development. This property is not affected by the 100-year floodplain and the Streamside Protection Zones. Police: The Fayetteville Police Department does not believe this rezoning will substantially alter the population density or create an appreciable or undesirable load on police services. Fire: The Fayetteville Fire Department anticipates 12 calls for service each year after build-out. Response time is estimated to be 3 minutes from Station No. 1. G:IETODevelopmenl Services ReeieM20110,e ,Iopman(Revlew111-3877 RZN 130 S-Hill(Eco Modem Flnls)103 Planning Comaimion107-15- 111CommeNs and Redlinesll1-3877 PLNG Repo?I.doc CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area, which includes the widest spectrum of uses and housing types. These areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. FINDINGS OF THE STAFF 1. 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: The proposed rezoning is consistent with land use objectives and policies. This area is densely developed and contains a wide variety of residential and nonresidential land uses. The Downtown General zoning district will support similar residential densities as the RMF-40 zoning district, and allow for property owner to include low intensity nonresidential uses that can serve residents of this property, or from surrounding neighborhoods. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has stated that the intent is to construct a new residential building on the property that would also contain a small number of units that would be available for rent or lease for periods less than one week. This short-term unit type is not permitted in the RMF-40 zoning district and therefore it is necessary for the property owner to rezone the property to allow some nonresidential uses. The Downtown General zoning district will not allow this use by right, but will provide the owner an opportunity to request a conditional use permit for short-term lease/rental units. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The subject property is currently zoned for 40 units per acre, the densest residential district available. And at this time the property is nearly completely developed. The request to rezone the property will allow for some nonresidential uses to be included on the property, but should not generally create or appreciably increase traffic danger or 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: As noted in finding #3 above, the proposed zoning should not appreciably alter the population density over the existing RMF-40 zoning designation. Increased load on public services were taken into consideration and G:IEMDevelopment Services Re,iewl20111Development RevievvI I I-3877 RZN 130S.Hill(Eco Modern Flats)103 Planning Commission107-25- IllComments and Redliaesll 1-3877 PLNG Repori.doc recommendations from the Engineering, Fire, and Police Departments and are included in this report. Adverse impacts to public services are not anticipated as a result of the rezoning request. Improvements to existing public infrastructure may be required with any new development, regardless of the zoning designation of the property. 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: Not applicable. Staff recommends approval of the applicant's request. G: IPTCIDevelopment Services RevieM20110evelopmem ReviewO11-3877 RZN 130 S Hill (Eco Modern FlalsJ103 Planning Commi5sio)i107-25- 171Cornmenls vnd Redlinev111-3877 PLNG Repoadoc 161.15 District RMF-40, Residential Multi -Family — Forty Units Per Acre (A)Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted uses. Unit 1 it -wide uses by right Unit 8 Single -fa ildwellings Unit 9 Two-family dwellings Unit 10 Three-familyjwellings Unit26 Multi -family dwellings (2) Conditional uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility,facilities Unit 4 Cultural and recreational facilities Unit Government facilities Unit 11 Manufactured home park Unit 12 Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. 11 Units per acre 40 or less (D)Bulk and area regulations. (1) Lot width minimum. Manufactured home park 100 ft. Lot within a manufactured home park 50 ft. Single-family 60 ft, Two-family 60 ft. Three or more 90 ft Professional offices 100 ft. (2) Lot area minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 sq. ft. Townhouses: Development Individual lot 10,000 sq. fL 2,500 sq. ft. Single-family 6.000 sq. ft. Two-family 6,500 sq. ft. Three or more 8.000 sq. ft. Fraternity or Sorority 1 acre GAETC\Development Services Review\2011\Development Review\11-3793 VAC N. side of Douglas St (U of A Easement)\03 Planning Commission\03-28-201 1 \Comments and Redlines (3) Land area per dwelling unit. Manufactured home park Townhouses & Apartments No bedroom One bedroom =5r,s,d,,t Two or more bedrooms .2008 Fraternity or Sorority sident (E) Setback requirements. Front Side Rear The principal 8 ft. 20 ft. facade of a building shall be built within a build -to zone that is located between 10 feet and a line 25 feet from the front property line. Cross reference(s)--Variance, Ch. 156. (F) Building height regulations. BuilOng Hei ht Maximum 1 60 ft. Height regulations. Any building which exceeds the height of 20 feet shall be set back from any side boundary line of an adjacent single family district, an additional distance of one foot for each foot of height in excess of 20 feet. (G) Building area. None. (H)Minimum buildable street frontage. 50% of the lot width. G:\ETC\Development Services Review\2011\Development Review\11-3793 VAC N. side of Douglas St (U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines 161.25 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-family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings 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 Hotel, motel and amusement 14 services Unit Shopping goods 16 Unit Transportation trades and 17 services Unit Commercial recreation, small G:\ETC\Development Services Review\2011\Development Review\11-3793 VAC N. side of Douglas St (U of A Easement)\03 Planning Commission\03-25-2011\Comments and Redlines 19 sites Unit Center for collecting 28 recyclable materials Unit Wireless communication 36 facilities Unit Sidewalk Cafes 40 (C) Density. None (D)Bulk and area regulations. (1) Lot width minimum. Dwelling (all unit types) 118 ft. (2) Lot area minimum. None. (E) Setback regulations. Front The principal fagade of a building shall be built within a build -to zone that is located between the front property line and a line 25 ft. from the front property line. Side None Rear 5 ft. Rear, from center 12 ft. line of an alley (F) Minimum buildable street frontage. 50% of lot width. (G)Height regulations. Maximum height is 4 stories or 56 feet which ever is less. G1ETC\Development Services Review\20110evelopment Review\11-3793 VAC N. side of Douglas St (U of A Easement)\03 Planning Commission\03-28-2011\Comments and Redlines The City of Fayetteville Fire Department 303 W. Center St. Fayetteville, AR. 72701 Phone (479) 575-8365 Fax (479) 575-0471 Zoning Review To: Jesse Fulcher From: Terry Lawson, Fire Marshal Date: July 6, 2011 Re: RZN 11-3877: Rezone (130 S. HILL AVE,/ECO MODERN FLATS, 522): Submitted by SETH MIMS for property located at 130 SOUTH HILL AVENUE. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS/ACRE and contains approximately 2.92 acres. The request is to rezone the subject property to MSC, MAIN STREET/CENTER. Planner: Jesse Fulcher This development will be protected by Engine 1 located at 303 W. Center Street. It is 2 miles from the station with an anticipated response time of 3 minutes to the beginning of the development. The Fire Department anticipates 12 (5 EMS - 7 Fire/Other) calls for service each year after the development is completed and maximum build -out has occurred. Typically, this type of development usually takes 12 - 18 months, after the development is started, before maximum build -out and the service impact to occur. The Fayetteville Fire Department does not feel this development will affect our calls for service or our response times. If you have any questions please feel free to contact me. erry Lawson, Fire Marshal Fayetteville Fire Department Honor, Commitment, Courage; Our people make the dittercnce! June 30, 20I 1 Jeremy Pate Zoning and Development Director City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 Dear Director Pate, CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-AWestR=kStreet Faveneville. AR 72701 This document is in response to the request for a determination of whether the proposed RZN 11-3877: (130 S. Hill Ave./Eco Modem Flats, 522), submitted by Seth Mims for property located at 130 S. Hill Avenue would substantially alter the population density and thereby undesirably increase the load on public services and create an appreciable increase in traffic danger and congestion. The property contains approximately 2.92 acres. It is the opinion of the Fayetteville Police Department that this RZN will not substantially alter the population density, and will not create an appreciable or undesirable increase in the load on police services. This RZN will not create an appreciable increase in traffic danger and congestion, Sincerely, Lieutenant Rob Turberville Fayetteville Police Department Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain- Fayetteville, AR 72701 E (6130/2011) Cindy Monreal - Fwd: Re: 130 S Hill sl Seile 1 From: Jesse Fulcher To: Gamer, Andrew; Monreal, Cindy; Pate, Jeremy Date: 6/30/2011 9:44 AM Subject: Fwd: Re: 130 S Hill st Cindy, po The applicant for 11-3877 Eco Flats is requesting to change his request from MSC, Main Street Center to DG, Downtown General. Thanks, Jesse >>> "seth" <sethna.micasa-usa.com> 6/30/2011 9:41 AM>>> Mr. Fulcher, please consider this email our official request to modify our pending rezoning application for 130 S Hill st. Please change our requested zone from 'main street center' to'downtown general'. If you have any questions please let me know. Thank you, Mr. Fulcher. -Seth Mims ------Original Message ------ From: Jesse Fulcher To: Seth Mims Subject: Re: 130 S Hill st Sent: Jun 30, 2011 9:35 AM We just need a written request to change the application. Just e-mail me a formal request today or tomorrow and I will add it to the file. Thanks, Jesse Date: June 16, 2011 To: City of Fayetteville Planning Department From: Seth Mims, Specialized Real Estate Group Subject: Request for Rezoning for Eco Modern Flats Property from RMF-40 toStFEet,'GeAtgr Item (a) - Current Ownership Eco Flats, LLC is the current property owner and there are no pending changes to ownership Item (b) - Reason for Request There is a desire to provide new city amenities with the addition of a boutique hotel—. Maia_StreetXenteJends itself well to the mix of multifamily residential and commercial. Main Street/Center zoning will eliminate any density regulations, allowing the density to be outlined similar to adjacent properties to the north and east and part of the greater City of Fayetteville Master Plan. Item (c) - Relation of Proposed Rezoning The proposed rezoning will relate to the surrounding properties in essentially the same way as the current zoning, minus the density cap. Land use, traffic, appearance, and signage will remain virtually the same given the mature nature of the streetscape. Item (d) - Availability of Water and Sewer The available city infrastructure for Water is currently a 4" line. Sewer appears to be adequate at its current state. Item (e) - Land Use Consistency The proposed zoning is highly consistent with the land use and planning objectives of the City of Fayetteville. A portion of the parcel lies within the Fayetteville Downtown Master Plan District (eastern edge) and nearby and adjacent parcels are currently zoned in keeping with the proposed rezoning. Item (f) -Justification of Request The proposed rezoning is both justified and needed by the 27th of July in order to facilitate favorable recapitalization that allows for construction for the new development. Item (g) - Traffic The proposed zoning will not appreciably increase traffic danger and congestion around the development. Item (h) - Increased Load The proposed zoning will slightly increase the population density but it will not undesirably increase the load on public services such as schools, water or sewer. Item (i) - Impracticality of Uses The current zoning already allows for consistent use with proposed zoning. The primary difference for the proposed use being the number of nights that a resident/guest stays in a flat. Therefore; it is not a matter of impracticality, but is a matter of enhancement of current uses as permitted under its current zoning classification and the allowance of a favorable density increase as guided by the `^- - "- ^ ; * oning district. ]M'rtMY M.VgNY@ e wcwrwvml inur e evc nn�oariiiwim TOPOGRAMIC" SURVEY \ \ V6 < j Sk .�a \ i —C C t fff � C., IrwovreavN nnv irwmerusr na.n �P{YNYLXYIU•m 1W e11'V. IIIIY it wovrrnn me.r Irwa�rmine.m sem�u+�ewr@ eN RAV. i W x YM PIPv.IJW N' 111utWv'SPf W11' Ir R6 WMVILfC - u�wovrseunls ww�o. nor o• ao• eo• IYo• o04l6G+ Kt I� i i RZN11-3877 Close Up View ECO MODERN FLATS -illy: C�m 7t 7... ow z s 8 RMF.26 Q0 ®_9 2 � `�� ;TR• - 11 r Allis �I 1 _ � N TREADWELL ST 24 ltv -1 !WP-44 19 E POWERHOII SUBJECT PROPERTY PUAN y UTMA PN ST N 1`�V [M�1 J O - ' 1 _ - -Polk -� r wY I ,A ION i V-1 w f .L _1P JJ� Multils .� �'Trai-1: L@ _ � li(Existigg��`-11 l; Fut6Trails 1 ^FRZN1iv-3877'I Footprints 2010 - Hillside -Hilltop Ov rlay District Design Overlay Di trict Design Overlay Di trict ------ Planning Area R,O a OU' w RSF-0 x RSF-7 1 0 125 250 Soo 750 1.000 Fayetteville TMOMMOMR Fe MM: 'MEADOW ST a y 3 ROCK Do SOUTH ai �rl mf IJ RZN11-3877 Future Land Use 01111faftmpfete Neighborhood — Civic and Private Open c _ Civic Insviutlonal Non -Municipal Govern.. ROW Design Overlay Disinoi Design Overlay District Planning Area ECO MODERN FLATS SUBJECT PROPERTY 0 125 260 500 750 1.000 FE NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWEST ARKANSAS THE MORNINGNEWSALE FSPRINGDROGERS NEWSOF THNORTH NEWSPAPE16LLC EST ARK NORTHWEST ARKANSAS TIMES ARKANSAS BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE. FAYEITEVILLE, ARKANSAS 72701 1 P.O. BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5433 Was inserted in the Regular Editions on: September 1, 2011 Publication Charges: $77.82 cok wj-t/) Cathy Wiles Subscribed and sworn to before me This !? day of j,, b , , 2011. Uv�� Notary Public My Commission Expires: lv Cc n, **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® SEP 0 9 2011 CITY OF FAYET'TEVILLE CITY CLERK'S OFFICE