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Home My WebLink AboutORDINANCE 5981Er:ver: A i 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5981 File Number: 2017-0266 RZN 17-5772 (810 S. CHERRY LN./ SWEETSER PROPERTIES): f l�llil��lf ll�lt�llf «ff if r��llf I��I�Illlllll�fllll�if �f I��ffF�f f f I�r��ff ff f llf Doe Ip: 017532160003 Type: REL Kind: O DANCE Recorded: 07/11/2017 at 09:15:58 AM Fee Amt: $25.00 page 1 of 3 Washinpton County, AR Kyle Sylvester Circuit Clerk File t017-0002 0970 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17- 5772 FOR APPROXIMATELY 0.53 ACRES LOCATED AT 810 SOUTH CHERRY LANE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE 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, 4 units per acre to RMF -24, Residential Multi -Family, 24 units per acre. 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 6/20/2017 Attest: Lisa Branson, Deputy City Page 1 Printed on 6121117 ftZN 17-5772 SWEETSER PROPERTIES I 17-5772 3 h Close Up View RSF-4 NS -L r Legend Planning Area Fayetteville Cit Limits Y Y Building Footprint LEE ST RI -12 Subject Property Feet 0 75 150 300 450 600 1 inch = 200 feet R -O EXHIBIT 'AV ____7 RA AA NORTH Residential -Agricultural RSF-4 RSF-7 RMF -24 Residential -Office C-1 I 1 Community Services 17-5772 EXHIBIT T' LEGAL DESCCRIIPTION --- A per[ of the NWt/4 of the NEI/4 of Section 23, T16N, MW in WashbVon County, Arkansas, and behnq des bad as follows: Commencing at the NW Comer of said NW1/4, NEI/4, thence 502042'42"W 549.79 fact, thence S88*4215 E 39.52 feet. thanca NO2°25'530E 25.77 feet to the POINT Of BEGINNING, thence N021129221E 225.52 Leet, thence S870071420E 102.50 feat, thence S02040'55"W 225.85 Met„ thence N8W5W23"W 94.04 f#K thence N54021'57"W 9.30 feet to the POINT Of BEGINNING, Cantawmng 0.53 acres, more or less, subject to easemerds and right of ways of record. Washington County, AR I certify this instrument was filed on 07/11/2017 09:15:58 AM and recorded in Real Estate File Number 2017-00020970 Kyle Sylvester -Cir 1- by - City Ci of Fayetteville, Arkansas 113 West Mountain Street .. Y t"4:-:� �•-_ Fayetteville, AR 72701 (479) 575-8323 Text File '- - File Number: 2017-0266 Agenda Date: 6/20/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 1 RZN 17-5772 (810 S. CHERRY LNJ SWEETSER PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5772 FOR APPROXIMATELY 0.53 ACRES LOCATED AT 810 SOUTH CHERRY LANE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE 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, 4 units per acre to RMF -24, Residential Multi -Family, 24 units per acre. 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. City of Fayetteville, Arkansas Page 1 Printed on 612112017 Andrew Garner Submitted By City of Fayetteville Staff Review Form 2017-0266 Legistar File ID 6/6/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/19/2017 City Planning / Development Services Department Submitted Date Division / Department Action Recommendation: RZN 17-5772: Rezone (810 S. CHERRY LN./SWEETSER PROPERTIES, 565): Submitted by JORGENSEN & ASSOCIATES INC. for property at 810 S. CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.53 acres. The request is to rezone the properties to RMF -24, RESIDENTIAL SINGLE FAMILY, 24 UNITS PER ACRE. - Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Previous Ordinance or Resolution # Original Contract Number: Comments: Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title r$ I� Approval Date: V20140710 WA CITY COUNCIL AGENDA MEMO CITY of IFAYETTEVILLE ARKANSAS MEETING OF JUNE 6, 2017 TO: Mayor, Fayetteville City Council THRU: Andrew Garner, Planning Director FROM: Jonathan Curth, Senior Planner DATE: May 19, 2017 SUBJECT: RZN 17-5772: Rezone (810 S. CHERRY LN./SWEETSER PROPERTIES, 565): Submitted by JORGENSEN & ASSOCIATES INC. for property at 810 S. CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.53 acres. The request is to rezone the properties to RMF -24, RESIDENTIAL SINGLE FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: The City Planning staff and Planning Commission recommend approval of an ordinance to rezone the subject property to RMF -24, Residential Multi -Family, 24 Units per Acre, as shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is approximately 0.53 acres and is located on the northeast corner of Huntsville Road and Cherry Lane, approximately equidistant between Crossover and Happy Hollow Roads. The property is currently split -zoned, with the northwestern corner, totaling 0.34 acres, zoned as RMF -24, Residential Multi -family, 24 Units per Acre, and the southern portion with a strip along the eastern property line zoned RSF-4, Residential Single-family, 4 Units per Acre. Along with the existing 4 -family attached dwelling on the northern portion of the property, a single-family dwelling previously stood on the southern portion and faced Huntsville Road. The -4 - family dwelling has a driveway -with access to Cherry Lane. Request: The request is to rezone the balance of the property that is not currently RMF -24, totaling 0.19 acres, from RSF-4 to RMF -24. The applicant's letter indicates that they intend to develop the property for 2 -family residential use. Land Use Compatibility: In staff's opinion, the uses permitted with the proposed RMF -24 zoning district are compatible with surrounding uses and the adjacent Principal Arterial, Huntsville Road. The subject property is currently developed with a 4 -family dwelling, while to the north, east, and south are single-family dwellings of various sizes. The adjacent property to the north is single- family in use, but is zoned RI -12, Residential Intermediate, 12 Units per Acre, which permits single-, 2-, 3-, and 4 -family dwellings, and acts to transition densities and intensities from Huntsville Road in the south to the single-family uses and zoning districts to the north. The requested zoning is less compatible with the existing uses on the property to the east, which is Mailing Address: 113 W. Mountain Street www.tayetteville-ar.gov Fayetteville, AR 72701 currently developed with a single-family home and used for agricultural purposes. That said, and given its Future Land Use Map designation as a City Neighborhood Area, the property to the east has the potential to be rezoned and developed to greater density and intensity that would be compatible with the proposed zoning on the subject property. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding properties as City Neighborhood Area. This designation encourages the widest mix of uses, including single-family, multi -family, and non-residential uses. Although the uses permitted under RMF -24 do not necessarily promote mixed-use development by right, the zoning district does allow for the widest array of residential uses. The requested RMF -24 zoning district also addresses City Plan 2030's prioritization of appropriate infill and the discouragement of suburban sprawl. While development under either the existing or proposed zoning districts may reduce the need to extend water and sewer service, or stretch existing fire and police department resources, the RMF -24 zoning district and its wide variety of residential uses can encourage greater densities along a major thoroughfare with ready access to City services. In staff's opinion, the requested RMF -24 zoning district is justified at this time given adjacency to a Principal Arterial and the current Future Land Use Map designation of City Neighborhood Area. Furthermore, the current split -zoned nature of the property greatly limits the ability for development to gradually transition away from Huntsville Road to -the lower density residential uses and zoning to the north. DISCUSSION: On May 8, 2017, the Planning Commission forwarded the proposal to City Council with a recommendation for approval passed by a vote of 7-0-0. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A • Exhibit B ■ Application • Planning Commission Staff Report RZN 17-5772 Close Up View SWEETSER PROPERTIES J } Y RSF4 l fJ s s :r4 i NS -L LEE sT R1-13 Subject Property J � cr W W z 0 Legend Planning Area Feet Fayetteville City Limits 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet R -O 17-5772 EXHIBIT 'A' CS' R -A NORTH Residential -Agricultural RS F-4 RS F-7 RMF -24 Residential -Office C-1 Community Services 17-5772 EXHIBIT 'B' LEGAL DESCRIPTION'.'*'-** .w Apart of the NW1/4 of the NEI/4 of Section 23, T16K R30W It WashinUton County. Arkansas, and tenl:tg descOhnd as folio►as: Commendq at tate NW Corner of sale: 1NW114, NEIA, thonoo S02042°42"W 549.79 feet, thence SM'42195139.52 feet, tftence NO2'25'53"'E 25.77 feet to the POINT Of SI GININIM, ,hence NO2"2922"E 225.52 feet, thence S87007142"E 102.50 flet; Werice S02"4 '55°W 225.85 feet, thence N8917231194.04 fist, thence N54'21`57"W 9.30 feet to the POINT € f BEGINNING, GoiUoing 0.53 acres, more or less, subject to easements and right of Ways of record. CITY OF FAYETTEVILLE, ARKANSAS REZONING FOR STAFF USE ONLY FEE: 325, 00 Date Application Submitted: Sig ee: Ro On= Date Accepted as Complete: - Case /Appeal Number: PP#: Public Hearing Date: Zone Please fill out this form completely, supplying all necessary information and documentation to support your request. Your application will not be placed on the Planning Commission agenda until this information is furnished. Application: r` Indicate one contact person for this request: Applicant Representative Applicant (person making request): Representative (engineer, surveyor, realtor, etc.): r") Name: Name: Address: J Address: 1 � e- �J y 4llG 4 E-mail: E-mail: u O V: z t✓tLr• � Phone: Phone: Fax: Fax: Site Address / Location: Current Zoning District:Requested Zoning District: Assessor's Parcel Number(s) for subject property: -76 1.5-/ q4— FINANCIAL INTERESTS The following entities and / or people he financial interest in this project: March 2014 Page I APPLICANT /REPRESENTATIVE: I certify under penalty of perjury that the foregoing statements and answers herein made all data, information, and evidence herewith submitted are in all respects, to the best of my knowledge and belief, true and correct. I understand that submittal of incorrect or false information is grounds for invalidation of application completeness, determination, or approval. I understand that the City might not approve what 1 am applying for, or might set conditions on approval. Name (printed): $4; rc- ��E� r?,�' Date: 61 PROPERTY OWNER(S) /AUTHORIZED AGENT: I/we certify under penalty of perjury that I am/we are the owner(s) of the property that is the subject of this application and that I/we have read this application and consent to its filing. (If signed by the authorized agent, a letter from each property owner must be provided indicating that the agent is authorized to act on his/her behalf.) Property Owners of Record (attach additional info if necessary): 5 Name .tinted : Signature: f Date-3-10- Name ate:3 - Name (printed): Signature: Date. Rezoning Checklist: Attach the following items to this application: Address: Phone: Address: Phone: (1) Payment in full of applicable fees for processing the application: $325.00 application fee $5.00 public notification sign fee (2) A legal description of the property to be rezoned. A survey may be required if the property description can not accurately be platted or if it is described by referring to other deeds. (3) CD containing a copy of the legal description in MS Word and all required submittal items should be also included on the CD in PDF format. (4) A copy of the county parcel map from the Washington County Assessor's office or from the Washington County website (www.co washingionar.us}. The subject property and all adjacent parcels should be identified on this parcel map. The owner's name, official mailing address, and the parcel number for every adjacent. property shall be shown on this map. March 2014 Page 2 CITY OF Ta y*4 I ARKANSAS TO: THRU: FROM: MEETING DATE: PLANNING COMMISSION MEMO City of Fayetteville Planning Commission Andrew Garner, City Planning Director Jonathan Curth, Senior Planner May 8, 2017 (Updated with Planning Commission Results) SUBJECT: RZN 17-5772: Rezone (810 S. CHERRY LN./SWEETSER PROPERTIES, 565): Submitted by JORGENSEN & ASSOCIATES INC. for property at 810 S. CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 0.53 acres. The request is to rezone the properties to RMF -24, RESIDENTIAL SINGLE FAMILY, 24 UNITS PER ACRE RECOMMENDATION: Staff recommends forwarding of RZN 17-5772 to the City Council with a recommendation for approval based on the findings herein. BACKGROUND: The subject property is approximately 0.53 acres and is located on the northeast corner of Huntsville Road and Cherry Lane, approximately equidistant between Crossover and Happy Hollow Roads. The property is currently split -zoned, with the northwestern corner, totaling 0.34 acres, zoned as RMF -24, Residential Multi -family, 24 Units per Acre, and the southern portion with a strip along the eastern property line zoned RSF-4, Residential Single-family, 4 Units per Acre. Along with the existing 4 -family attached dwelling on the northern portion of the property, a single-family dwelling previously stood on the southern portion and faced Huntsville Road. The 4 - family dwelling has a driveway with access to Cherry Lane. Surrounding land use and zoning is depicted on Table 1. Table 1 Surroundinq Land Use and Zoninq Direction Land Use Zoning RI -12, Residential Intermediate, 12 Units per Acre North Single-family Residential South Single -Family Residential RSF-4, Residential Single-family, 4 Units per Acre East Agricultural; Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the balance of the property that is not currently RMF -24, totaling 0.19 acres, from RSF-4 to RMF -24. The applicant's letter indicates that they intend to develop the property for 2 -family residential use. Public Comment: Staff has received some public comment regarding the request, with most expressing curiosity about future development plans, which are not currently available. One Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 resident noted that they thought this was City property, and would prefer to see it remain undeveloped. INFRASTRUCTURE: Streets: The subject property has access to Cherry Lane, which is an unimproved Local Street. The parcel also fronts Huntsville Road/Highway 16, which is a fully improved Principal Arterial Street. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is an existing 6 -inch public watermain along the western side of the Cherry Lane right-of-way. Sewer: Sanitary sewer is available to the site. There is an existing 6 -inch public sewer main in the Cherry Lane and Huntsville Road rights-of-way. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portions of this parcel are identified as 100 -year FEMA regulated floodplains or floodways, and no protected streams are present. Furthermore, no portion of this parcel is within the Hillside -Hilltop Overlay District. Fire: The Fire Department did not express any concerns with this request. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 future Land Use Plan designates the properties within the proposed rezone as City_ Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. 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: Surrounding Land Use Compatibility: In staff's opinion, the uses permitted with the proposed RMF -24 zoning district are compatible with surrounding uses and the adjacent Principal Arterial, Huntsville Road. The subject property is currently developed with a 4 -family dwelling, while to the north, east, and south are single-family dwellings of various sizes. The adjacent property to the north is single-family in use, but is zoned RI -12, Residential Intermediate, 12 Units per Acre, which permits single-, 2-, 3-, and 4 -family dwellings, and acts to transition densities and intensities from Huntsville Road in the south to the single family uses and zoning districts to the north. The requested zoning is less compatible with the existing uses on the property to the east, which is currently developed with a single-family home and used for agricultural purposes. That said, and given its Future Land Use Map designation as a City Neighborhood Area, the property to the east has G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln (Sweetser Properties) 565\03 Planning Commission\05-08-2017 the potential to be rezoned and developed to greater density and intensity that would be compatible with the proposed zoning on the subject property. Land Use Plan Analysis: The proposed zoning is compatible with the Future Land Use Map (FLUM) which designates the subject and surrounding properties as City Neighborhood Area. This designation encourages the widest mix of uses, including single-family, multi -family, and non-residential uses. Although the uses permitted under RMF -24 do not necessarily promote mixed-use development by right, the zoning district does allow for the widest array of residential uses. The requested RMF -24 zoning district also addresses City Plan 2030's prioritization of appropriate infill and the discouragement of suburban sprawl. While development under either the existing or proposed zoning districts may reduce the need to extend water and sewer service, or stretch existing fire and police department resources, the RMF -24 zoning district and its wide variety of residential uses can encourage greater densities along a major thoroughfare with ready access to City services. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff's opinion, the requested RMF -24 zoning district is justified at this time given adjacency to a Principal Arterial and the current Future Land Use Map designation of City Neighborhood Area. Furthermore, the current split - zoned nature of the property greatly limits the ability for development to gradually transition away from Huntsville Road -to the lower density residential uses and zoning to the north. - 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property RMF -24 is not likely to increase traffic danger or congestion in this location, although the request will allow a higher intensity of development and use than that allowed under the existing RSF-4 zoning district. Any additional development on the property will be subject to the City's access management standards, which dictate that 2-, 3-, and multi- family development access a lower classification street when available, which in this case is Cherry Lane. 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 RSF-4 to RMF -24 will increase the potential population density, but is unlikely to undesirably increase the load on public services. As mentioned, there was previously one detached single-family home on the portion of the property proposed for rezoning, and under the RMF -24 zoning district's requirements there is potential for two 2 -family dwellings or one 3 -family dwelling. Given the property's current access to existing City water, sewer, and streets, staff does not believe an adverse impact will occur. Even if a redevelopment of the subject property were to G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln (Sweetser Properties) 565\03 Planning Commission\05-08-2017 occur, the maximum possible density, given the size of the subject property, is 12 units. 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: Staff recommends forwarding of RZN 17-5772 to the City Council with a recommendation for approval based on the findings discussed throughout this report. PLANNING COMMISSION ACTION: Required YES Date: May 8, 2017 O Tabled ® Forwarded D Denied Motion: Hoffman Second: Belden Vote: 7-0-0 CITY COUNCIL ACTION: Required - YES Date: June 6, 2017 (Tentative) O Approved O Denied BUDGET/STAFF IMPACT: None. Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family, 4 Units per Acre o §161.16 RMF -24, Residential Multi -family, 24 Units per Acre • Request Letter • Rezone Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map GAETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln. (Sweetser Properties) 565\03 Planning Commission\05-08-2017 I 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 (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 12 Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family Two (2) family dwellings _ dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family minimum width G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S Cherry Ln. (Sweetser Properties) 565\03 Planning Commission\05-08-2017 dwellings dwellings Lot minimum 70 feet 80 feet width Lot area 8,000 square I 12,000 square minimum feet feet Land area per 8,000 square -6,000 square dwelling unit feet feet Hillside Overlay District Lot 60 feet 70 feet minimum width G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S Cherry Ln. (Sweetser Properties) 565\03 Planning Commission\05-08-2017 Hillside Overlay 8,000 square 12,000 square District Lot feet feet area minimum Land area per 8,000 square 6,000 square dwelling unit feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, §160.031; Ord. No. 41 Q0, §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) - GAETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln. (Sweetser Properties) 565\03 Planning Commission\05-08-2017 161.16 - District RMF -24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF -24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities (B) Uses. (1) Permitted Uses. Unit 1 , City-wide uses by right s Unit 8 I T _ Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three-family dwellings Unit 26 Multi -family 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 11 ' Manufactured home park' { Unit 12 I a� Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 i Wireless communications facilities (C) Density - Units per acre 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln. (Sweetser Properties) 565\03 Planning Comm ission\05-08-2017 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two (2) family 4,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side Side Rear Rear Other Single & Other Single uses Two (2) Uses Family Family 8 feet 5 feet 20 feet 5 feet (F) Building Height Regulations. Building Height Maximum 30/45/60 feet* *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 30 feet, between 10-20 feet from the master street plan right-of-way a maximum height of 45 feet and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 60 feet. 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 1 foot for each foot of height in excess of 20 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. (H) Minimum Buildable Street Frontage 50% of the lot width. (Code 1965, App. A., Art 5(111); Ord. No 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord No. 5664, 2-18-14; Ord. No. 5800 , § 1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16) G:\ETC\Development Services Review\2017\Development Review\17-5772 RZN 810 S. Cherry Ln. (Sweetser Properties) 565\03 Planning Commission\05-08-2017 124 W Sunbridge Drive, Suite 5 J O R G E N S E N RZN 17-5772 Fayetteville, AR 72703 Office: 479.442.9127 +ASSOCIATES Request Letter Fax 479.5824807 3-8-17 City of Fayetteville 113 W Mountain Fayetteville, AR. 72701 Att: Planning Dept. Re: Rezoning of Sweetser Property on Cherry Lane Attached please find information pertaining to a rezoning request for property owned by Sweetser located at the NE Corner of Hwy 16 and Cherry Street. The owner would like to build a duplex but needs the reduced setbacks allowed by RMF -24. Therefore the owner would like to rezone from RSF-1 to RMF -24. Please review the attached information and let me know of any questions you may have. Thank you. Sincerely; David L. Jorgef sen, P.E. J -- LEGEND N I RZN 17-5772 X CALCULATED POINT (m NW CORNER 6 FOUND IRON PIN 12I W1143NE1/4 2 Rezoning Exhibit 0 SET IRON PIN & CAP W E CENTERLINE STREET UTILITY EASEMENT S 12-e8 j`; _ GRAPHIC SCALE 0 25 50 100 # v ( IN FEET ) f;kx.a,5v.e 1 I 1 inch = 50 ft, �11-d1 LLj - - . I 't LEGAL DESCRIPTION: Y i I5' 110.14 T A part of the NW1/4 of the NE;/4 of Section 23, T1 6N, R30W in Washington County, Arkansas. and being described as follows: w1 Y zoNE ` • II Commencing at the NW Corner of said NW1/4, NE1/4; thence i ill S02`42'42"W 549.79 feet, thence S88'4205"E 39.52 feet, thence II NO2°25'53"E 25.77 feet to [he POINT OF BEGINNING, thence I j X u: NO2'29'22"E 225.52 feet, thence S87107'42"E 102.50 feet, thence S02°40'55"W 225.85 feet, thence N89'59'23"W 94.04 feet, thence N54°2157"W 9.30 feet to the POINT OF BEGINNING, Containing 0.53 teq I 'r Ii I iY acres, more or less, subject to easements and right of ways of " I record. �Q< �r LEGAL DESCRIPTION - REZONING RSF-4 TO RfyIF-24: I I , A part of the NW1/4 of the NE-1/4 of Section 23, T16N, R30W in i I I I+ Washington County, Arkansas, and being described as follows: I Commencing at the NW Corner of said NW1/4, NME1/4, thence ] S02'4242"W 549.79 feet, thence S88°42'05"E 39.52 feet, thence I Y I NO2 2553"E 25.77 feette the POINT OF BEGINNING, thence pWIF, V I NO2'29'2 2"E 57.36 feet, thence 889°1736"E 93.81 feet, thence I N00'00 53"W 164,83 feet, thence 887°07'42"E 15.93 feet, thence 502'40'55"W 225.85 feet, thence NB9159'23"W 94.04 feet, thence [ Jt W o +^ I N54°21'57"W 9.30 feet to the POINT OF BEGINNING, Containing 0.19 acres, more or less; subject to casements and right of ways of 1 2 # IMP D-TO 1 record. 1yF•4 hu i�'i'a� I _ �— NOW2f RMF-24 ZONE SETBACKS 353"Q — - — -- FRONT: 25' BUILD•TO ZONE sas a a^e 39.32' S4 4°*�1 °5°• SIDE: 8' OTHER USES SIDE: 5' SINGLE OR 2-FAMILY REAR:24,•DTHER EAST NATE HIGHWAY 16 \ HUNTSVILLE RD. REAR: 5'SINGLE FAMILY Drive. Suite 5JOTGENSCN Fayetteville, AP72705 ASSOCIATES Office: 479.442.9127 - : = Fax: 479 582.4807 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 (479) 442-9127 FAX (479) 582-4807 SCALE: 1"=50' DATE REVISED CHECKED BY: DLJ DRAWN BY: PMM DATE: 08FEB17 Z:\LSD\2016126\CherryS p DAR U VEY B O U ?t V T R S RZN 17-5772 SWEETSER PROPERTIES One Mile View NORTH 0 0.125 0.25 0.5 Miles rtsc HS -a !' \'t !�-ka f �s 1-2 CS Subject Property C-2. i iS� H -A Za . EXTRACTION ' REV011 4"AL SINGLE-FAMILY ME, Legend _ R— oal Ag—i—I CO= Rsr s° .L— 4 ' Planning Area ' Cg � C3 . Z RSF FORM BASED DISTRICTS ' z . Fayetteville City Limits •••••• Shared Use Paved Trail Trail (Proposed) Building Footprint ® a ---• Planning AreaRNF-� Fayetteville City Limits RS- SDuaNmvn Core RSr19 .r Ulb.Tro-ongmare RESIDE NTIALMULTI-FAMILY AM Mein sore,c e, ., �- aRreitlnAalTwuanJTM1ree,amtlyM�nv$eryaP6 mrr u Nelgroe�n�na senlwe IRI/ NNEDm•Ncnn.enage RMF-< PLA NNED ONDISTRICTS INDUSTRIAL INSTITUTIONAL -2 G.- tlA,iea,anaL9M1IIMu RZN 17-5772 S EETSER PROPERTIES Close Up View z s• w Y RSF-4 M-92 RMF -Z4 Subject Property S- NL IrIx Ix w 2 (A LICE ST R-0 R 1 NORTH Residential -Agricultural RS F-4 Legend RSF-7 Feet RMF -24 Planning Area Residential -Office Fayetteville City Limits 0 75 150 300 450 600 C-1 Building Footprint 1 inch = 200 feet Community Services RZN 17-5772 S' EETSER PROPERTIES Current LandandUUsese NORTH -�; 00 f r 00, l a! M r♦ y i 6 I 5. it • may" �r 6 ��h- P,, —__-- -- Undeveloped r, Single Family i Subject Property 43 15 off ] e '4✓Y� I• t � .LS 7J ,.� � i^ *'f. 11 < ' 1.41 _ A' Single Family � LEE ST MM RZN17-5772 FEMA Flood Hazard Data Street 100 -feel f l0udplalt7 PRINCIPAL ARTERIAL Feet �7o�u County Parcels way 0 75 150 300 450 600 Planning Area 1 inch = 200 feet :.r' Fayetteville City Limits RZN 17-5772 Future Land Use Legend SEETSER PROPERTIES Planning Area Fayetteville Cit Limits Y Y Building Footprint Subject Property •z� u '4 i y LEE ST Feet 0 75 150 300 450 600 1 inch = 200 feet .l7 FUTURE LAND USE 2030 Natural Area Residential Neighborhood Area City Neighborhood Area NORTHwEST ARKANSAS Vemocmt *(Aad '.0. &X F : _ , k . _ ,,•M 12 442-'700 - FAX479-,9S-11I8 s W;u,°a.: � ADG.CuM..,.,,., AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5981 Was inserted in the Regular Edition on: June 29, 2017 Publication Charges: $ 70.20 Subscribed and sworn to before me This Zg day of v/ -x,2017. -------------------A� Notary Public My Commission Expires: CAT 111Y WILES V Arl;ansn 0,n on County Notary Pub' ur�� s< i2:i97ii8 K� Nfly Commission Eypir2:s Fob 20, 2024 * *NOTE* * Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUL 00 2017 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE Ordinance: 5981 File Number: 2017-0266 RZN 17-5772 (810 S. CHERRY LN./ SWEETSER PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 17-5772 FOR APPROXIMATELY 0.53 ACRES LOCATED AT 810 SOUTH CHERRY LANE FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE 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, 4 units per acre to RMF -24, Residential Multi - Family, 24 units per acre. 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 6/20/2017 Approved: Lioneld Jordan, Mayor Attest: Lisa Branson, Deputy City Clerk 74182307 June 29, 2017