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Home My WebLink AboutORDINANCE 6163113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6163 File Number: 2019-0089 RZN 18-6488 (825 W. MONTGOMERY ST.BALLARD): 11111111111111111111111111111111111111111111111111111111111111 11111 11111 1111 1111 Doc ID: 018542830006 Type: REL Kind: ORDINANCE Recorded: 04/18/2019 at 02:40:55 PM Fee Amt: $40.00 Page 1 of 6 Washington County, AR Kyle Sylvester Circuit Clerk File201 V=00010 1 V AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6488 FOR APPROXIMATELY 0.42 ACRES LOCATED AT 825 WEST MONTGOMERY S T R E E T FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -6, RESIDENTIAL MULTI FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE 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 -6, Residential Multi Family, 6 Units Per Acre, subject to a bill of assurance. 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. Section 3: That a copy of this ordinance along with the bill of assurance shall be recorded in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County. PASSED and APPROVED on 4/2/2019 Page 1 Printed on 413119 Page 2 Ordinance No. 6163 File Number. 2019-0089 Attest: Z-ndI44't- Sondra E. Smith, City Clerk Treasurer 'DGxl Y ox- - 6, -� FAYETTEVILLE;� .:�detp, •' 9'QKR N`ap ..'�� Page 2 Printed on 413119 RZN 18-6488 I BA L LA R D I 18-6488 Close Up View RSF-4 GREENWOOD ST �MONTGOMERY ST IF Legend E:Z] Hillside -Hilltop Overlay District L ` Planning Area — L _ 2 Fayetteville City Limits — — Trail (Proposed) Design overlay District Building Footprint t-- LU z W W Subject Property FIF" =M SKELTON ST Feet 0 75 150 300 450 600 1 inch = 200 feet EXHIBIT 'A' i A& NORTH 18-6488 EXHIBIT 1135 A part of Lot Numbered One (1) in Block Numbered Three (3) of Kinwood Addition to the City of Fayetteville, Washington County, Arkansas, as designated upon the recorded plat of said addition, being more particularly described as follows: Beginning at the Southeast corner of said Lot One (1), said point being a set 112" iron rebar; thence West along the South line of said Lot One (1) 108.35 feet to a set 112" iron rebar, thence North 00 degrees 17 minutes 00 seconds West 139.88 feet to a set 1/2" iron rebar on the North line of said Lot One (1); thence South 89 degrees 54 minutes 40 seconds East along the North line of said Lot One (1) 85.62 feet to an existing right-of-way monument, thence South 45 degrees 09 minutes 11 seconds East 35.03 feet to an existing right-of-way monument; thence South 00 degrees 42 minutes 15 seconds West 115.05 feet to the point of beginning, containing 15,005 square feet, more or less, Fayetteville, Arkansas. And PT LOT 2 0.77 A FURTHER DESCRIBED FROM 2014-2357 AS: Part of Lot Numbered Two (2) in the Seamster Place Subdivision in the City of Fayetteville, as designated upon the recorded plat of said subdivision, described as follows: Beginning at the Southwest corner of said Lot Numbered Two (2), and thence running South 89 degrees 28 minutes East 179.6 feet; thence North 0 degrees 12 minutes East 159 feet; thence North 89 degrees 28 minutes West 127.7 feet to the hast right-of-way of Gregg Avenue; thence South bearing West 162 feet, mare or less, to the point of Beginning, except that portion along the West side embraced in said Gregg A venue. RECEIVED APR 15 2419 BILL OF ASSURANCE�� FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Ballard/Smith Rentals LLC, Timothy D. Ballard (Manager), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following: a. Two Single Family Homes and accessory dwelling units or Two Duplexes. b. Single Family Homes and accessory dwelling units or Two Duplexes will not be more than two stories in height. c. Single Family Homes and accessory dwelling units or Two Duplexes will not be built closer than 15 feet to the street right of way to substantially align with existing houses. 2. Other restrictions including number and type of structures upon the property are limited to: Two single-family homes and accessory dwelling units or two duplexes that fit the category of RMF -6, Residential Multi -Family. 3. Specific activities will not be allowed upon petitioner's property include: None. 4. (Any other terms or conditions: None 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Timothy D. Ballard, as the owner, developer (Petitioner) voluntarily offer all such assurances and sign my name below. 3o� Date 424 Crested Ridge Lane Fort Worth, TX 76108 Address STATE OF TEXAS COUNTY OF HUNT Timothy D. Ballard; Manager Printed Name ��.W// �r 10 li.RWSi1A MV, 1 And now on this the A fLA day of M2 2019, appeared before me, ha3 Id -rd r a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: NOTARY PUBLIC ""'''• JAMIE D. PRINCE 7; Notary Public, State of Texas Comm. Expires 09-17-2020 �'! tl1,;0" Notary ID 11094666 Vvashington County, " K I certify this instrument was filed on 04/18/2019 02:40:55 PM and recorded in Real state File Number 2019-0 Kyle Sylvester - by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2019-0089 Agenda Date: 4/2/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B. 1 RZN 18-6488 (825 W. MONTGOMERY ST./BALLARD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6488 FOR APPROXIMATELY 0.42 ACRES LOCATED AT 825 WEST MONTGOMERY STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -6, RESIDENTIAL MULTI FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE 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 -6, Residential Multi Family, 6 Units Per Acre, subject to a bill of assurance. 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. Section 3: That a copy of this ordinance along with the bill of assurance shall be recorded in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County. City of Fayetteville, Arkansas Page 1 Printed on 4/3/2019 City of Fayetteville Staff Review Form 2019-0089 Legistar File ID 2/19/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 2/1/2019 CITY PLANNING (630) Submitted By Submitted Date Action Recommendation: Division / Department RZN 18-6488: Rezone (825 W. MONTGOMERY ST./BALLARD, 678): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located at 825 W. MONTGOMERY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.42 acres. The request is to rezone the property to NS -G, Neighborhood Services -General. Budget Impact: Account Number Fund Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Purchase Order Number: Change Order Number: Original Contract Number: Comments: Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 I � CITY COUNCIL AGENDA MEMO CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 19, 2019 TO: Mayor; Fayetteville City Council THRU: Don Marr, Chief of Staff Garner Stoll, Development Services Director Andrew Garner, City Planning Director FROM: Harry Davis, Current Planner DATE: February 1, 2019 SUBJECT: RZN 18-6488: Rezone (825 W. MONTGOMERY ST./BALLARD, 678): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located at 825 W. MONTGOMERY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.42 acres. The request is to rezone the property to NS -G, Neighborhood Services -General RECOMMENDATION: The Planning Commission recommend approval of an ordinance to rezone the subject property to NS -G, Neighborhood Services -General, as shown in the attached Exhibits 'A' and 'B'. Staff recommends denial of the request. BACKGROUND: The subject property is located at 825 W. Montgomery Street in the Kinwood Addition neighborhood in south Fayetteville. The property totals approximately 0.42 acres, is zoned RSF- 4, Residential Single -Family Four Units per Acre, and is currently developed with a single-family home. The neighborhood has 32 homes generally constructed in the ranch -house style of the 1960's. The neighborhood was built out decades ago and is characterized by a narrow loop street system with a stream and wooded riparian flood zone in the central portion of the loop. The neighborhood is accessed from a narrow access road that is separated from S. School Avenue with a 25 -foot landscape buffer. Request: The request is to rezone the property from RSF-4 to NS -G. The applicant has stated that this is needed to facilitate development of the property with duplexes. Land Use Compatibility: The proposal would introduce one parcel of NS -G near the entrance of this established and stable RSF-4 neighborhood. NS -G zoning has different bulk and area requirements than the rest of the neighborhood that were platted and built with lots much larger than allowed under NS -G. The minimums in the NS -G district are 35 -foot lot width and 4,000 SF lot area; compared to 70 -foot and 8,000 SF, respectively, in the RSF-4 district. Further, the NS -G Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 district has a front build -to zone requiring buildings close to the street, and allows buildings to be placed with a zero -foot front setback. This is out of character with this neighborhood where most homes are set back 30 feet or more from the adjacent street. Additionally, the NS -G district allows for three story commercial and mixed use buildings of up to 8,000 SF and associated parking lots, along with duplexes, triplexes, and quadplexes that may be up to three stories tall and built at the street edge. Land Use Plan Analysis: City Plan 2030 states that "appropriate infill" is a priority. The City's comprehensive plan acknowledges the value of increasing density in locations where City services and utilities already exist, but only where it "reflects the existing community character." The pattern of NS -G zoning does not reflect the community character of the surrounding, stable neighborhood that is fully built out. While the rezoning could further some of the city's goals, this neighborhood is not in need of revitalization or redevelopment that would be encouraged with this rezoning. Infill can be more appropriately accomplished on this property using existing tools in the RSF-4 district such as accessory dwelling units or a conditional use permit for a duplex or small business. Goal 3 of City Plan describes how neighborhoods should be built following an orderly transect, not overly focused on building type but on form. As indicated above, the NS -G district would be inconsistent with the form of this older neighborhood. DISCUSSION: On January 14, 2019, the Planning Commission discussed and tabled the item requesting the applicant consider a mixed use, form -based zoning instead of the initial request to rezone the property to RMF -6, Residential Multi -Family Six Units per Acre. At the January 28, 2019 Planning Commission meeting the applicant agreed with the commissions' recommendation to rezone the property to NS -G, instead of their original proposal for RMF -6. The Planning Commission forwarded the proposal to City Council with a recommendation for approval by a vote of 8-0-0. The neighborhood submitted a petition and some emails to the Planning Commission opposed to the rezoning and several residents spoke against the application at the meetings. BUDGET/STAFF IMPACT: N/A Attachments: G Exhibit A • Exhibit B Planning Commission Staff Report RZN18-6488 BALLARD 18-6488 Close up view EXHIBIT 'A' RSF-4 N�_J SKELTON ST GREENWOOD ST i' U) W. Z G` C-2 LU MONTGOMERY ST l� ;': ; S; ,,. ;.� +~Y.q' .,�,,.• �•.� �:.J=- SPF l ��' ., Subject Property' `! 1 NORTH. Legend ................ Hillside -Hilltop Overlay District - Planning Area — r Fayetteville City Limits Feet Trail (Proposed) Design Overlay District 0 75 150 300 450 600 Building Footprint 1 inch = 200 feet 18-6488 EXHIBIT 'B' A part of Lot Numbered One (1) in Block. Numbered Three (3) of Kinwood Addition to the City of Fayetteville, Washington County, Arkansas, as designated upon the recorded plat of said addition, being more particularly described as follows: Beginning at the Southeast corner of said Lot One (1), said point being a set 112" iron rebar; thence West along the South line of said Lot One (1) 108.35 feet to a set 112" iron rebar; thence North 00 degrees. 17 minutes 00 seconds West 139.88 feet to a set 112" iron rebar on the North line of said Lot One (1); thence South 89 degrees 54 minutes 40 seconds Bast along the North line of said Lot One (1) 85.62 feet to an existing right-of-way monument; thence South 45 degrees 09 minutes 11 seconds East 3 5.0 3 feet to an existing right-of-way monument; thence South 00 degrees 42 minutes 15 seconds West 115.05 feet to the point of beginning, containing 15,005 square feet, more or less, Fayetteville, Arkansas, And PT LOT 2 0.77 A FURTHER DESCRIBED FROM 2014-2357 AS: Part of Lot Numbered Two (2) in the Seamster Place Subdivision in the City of Fayetteville, as designated upon the recorded plat of said subdivision, described as follows: Beginning at the Southwest corner of Bald Lot Numbered Two (2), and thence running South 89 degrees 28 minutes East 179.6 feet; thence North 0 degrees 12 minutes East 159 feet; thence North 89 degrees 28 minutes West 127.7 feet to the East right-of-way of Gregg Avenue; thence South bearing Vilest 162 feet, more or less, to the point of Beginning, except that portion along the West side embraced in said Gregg A venue. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO `eye r ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Harry Davis, Planner MEETING DATE: January 28, 2019 (Updated with Planning Commission results SUBJECT: RZN 18-6488: Rezone (825 W. MONTGOMERY ST.IBALLARD, 678): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for property located at 825 W. MONTGOMERY ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.42 acres. The request is to rezone the property to RMF -6, RESIDENTIAL MULTI -FAMILY, 6 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN 18-6488, based on the findings contained in this report. RECOMMENDED MOTION: "I move to deny RZN 18-6488." JANUARY 28, 2019 PLANNING COMMISSION MEETING: This prPiect was heard at the January 14 2019 Planninq Commission meetinq where it was tabled to allow the applicant to consider other zoning options. We have not received any additional information or a change of proposed zoning from the applicant, but we have received additional ublic comment attached in favor of rezoning the parcel to the NC Neighborhood Conservation zoning district. Staff is stili recommending in denial of the roposed RMF -6. BACKGROUND: The subject property is located northwest of the intersection between School Avenue and Whillock Street on the west side of School Avenue. The property totals approximately 0.42 acres, is zoned RSF-4, and is currently undeveloped. Surrounding land uses and zoning is depicted in Table 1, Table 1 Surrounding Land Use and Zoning Direction _ Land Use Zoning North Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre South Industrial RSF-4, Residential Single-family, 4 Units per Acre East _ _ Commercial C-2, Commercial Thoroughfare West _ Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the parcel from RSF-4 to RMF -6, Residential Multi -family, 6 Units per Acre. The applicant stated the rezoning will allow for duplex development on the property. Planning Commission January 28, 2019 Agenda Item 5 18-6488 Ballard Pagel of 20 Public Comment: Staff has not received public comment as of writing this report. INFRASTRUCTURE: Streets: The subject parcel has frontage access along West Montgomery Street and South State Access Road. West Montgomery Street is an unimproved, paved asphalt, local street with open ditches on either side. South State Access Road is a partially improved, paved asphalt local street with curb and sidewalk on the east side of the street and an open ditch on the west side of the street. 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 parcel. There is an existing 6 -inch water main along West Montgomery Street. Sewer: Sanitary Sewer is available to the subject parcel. There is an existing 8 -inch sanitary sewer main along West Montgomery Street. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of this property is identified as FEMA regulated floodplains. There are no protected streams present in the subject parcel. No portion of this parcel lies within the Hillside -Hilltop Overlay District. There are Hydric Soils present in the subject parcel. Fire: The Fire Department expressed no concerns with this request. Police: The Police Department expressed no 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 Residential Neighborhood Area. These areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non- residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. 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: Land Use Plan Analysis: City Plan 2030 states that "appropriate infill" is a priority. The City's comprehensive plan acknowledges the value of increasing density in locations where City services and utilities already exist, but only where it "reflects the existing community character." The pattern of RMF -6 zoning does not reflect the existing community character of the surrounding, stable neighborhoods that are fully built out. While the rezoning could further some of the city's goals, this neighborhood is not in need of revitalization or redevelopment that would be encouraged with this rezoning. Infill can be more appropriately accomplished on this property using existing tools in the RSF-4 district such as accessory dwelling units Planning Commission January 28, 2019 GAETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 18-8488 Ballard W. Montgomery St (Ballard) 678\ Page 2 of 20 or a conditional use permit for a duplex. Goal 3 of City Plan describes how neighborhoods should be built following an orderly transect, not overly focused on building type but on form. As indicated below, the RMF -6 district would be inconsistent with the transect and pattern language of this older neighborhood. Land Use Compatibility: The proposed RMF -6 zoning is not compatible with the surrounding properties. The proposal would result in an isolated parcel of RMF in the midst of this established and stable RSF-4 neighborhood. RMF - 6 zoning has much different bulk and area requirements than surrounding properties that are fully platted and built, where the surrounding RSF-4 lots are larger than the base requirements for lot dimensions under RMF -6. Furthermore, the RMF -6 district has a front build -to zone requiring buildings close to the street, and allows buildings to be placed with a zero -foot front setback. This is out of character with the transect of this well-established neighborhood where most homes are set back 30 feet or more from the street. The proposed zoning would introduce a different typology and an inconsistent development pattern into this older neighborhood. This rezoning is not comparable to recent rezonings to form -based districts in other neighborhoods such as Walker Park that were originally developed with narrow lots and dwellings built closer to the street. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is insufficient justification for rezoning the property to RMF -6. The property could be developed for duplexes, the applicant's intended land use, under a conditional use permit in RSF-4. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF -6 would increase traffic to this location above the potential of the current zoning district, but the impact is not expected to be significant given the surrounding road network. 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 to RMF -6 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant given the evaluation by the various city divisions. 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 Planning Commission January 28, 2019 GAETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St (Ballard) 678\ 18-6488 Ballard Page 3 of 20 though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends denial of RZN 18-6488. PLANNING COMMISSION ACTION: Required YES Date: JanuarV 14 2919 Motion: Autry Second: Brown Vote: 8-0-0 BUDGET/STAFF IMPACT: None O Tabled ® Forwarded O Denied Note: Recommend approval of rezoning to NS -G, Neighborhood Services -General Attachments: • Unified Development Code: o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.13 - District RMF -6, Residential Multi -Family - Six (6) Units Per Acre Public Comment • Request letter One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission January 28, 2019 G:\ETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 18-6488 Ballard W. Montgomery St (Ballard) 678\ Page 4 of 20 161.07 - 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 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development C Densit _ (D) Bulk and Area Requlatiol7s Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Requlatiol7s Planning Commission January 28, 2019 G:\ETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St (Ballard) 678\ 18-6488 Ballard Page 5 of 20 Single-family dwellings Two (2) family dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Planning Commission January 28, 2019 G:\ETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St (Ballard) 678\ 18-6488 Ballard Page 5 of 20 Land area per 8,000 square feet 6,000 square feet dwelling unit 5 feet 15 feet 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 He!hf Regulations . Building Height Maximum 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. (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) Planning Commission January 28, 2019 G:\ETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda item 5 a -Page W. Montgomery St. (Ballard) 678\ Page 6 of 20 6 of 20 161.13 - District RMF -6, Residential Multi -Family - Six (6) Units Per Acre (A) Purpose. The RMF -6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellin s Unit 26 Multi -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 11 Manufactured home park Unit Uni Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 6 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 50 feet Two (2) family 50 feet Three and more 90 feet (Professional offices 1100 feet Planning Commission January 28, 2019 G:\ETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St. (Ballard) 678\ 18-6488 Ballard Page 7 of 20 (2) Lot Area Minimum. (Manufactured home park 3 acres Lot within a Manufactured 4,200 square home park feet Townhouse: Individual lot 2,500 square Rear feet 6,000 square Single-family feet 7,000 square Two-family feet Other 9,000 square Three or more feet Fraternity or Sorority 2 acres Professional offices 1 acre (E) Setback Requirements. (F) Building Height Regulations. IBuilding height maximum 12 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. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (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. Planning Commission January 28, 2019 GAETC\Development Services Review\2018\Develop ment Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St. (Ballard) 678\ 18-6488 Ballard Page 8 of 20 Side Side Rear Rear Single & (Front Other Other Single Uses Two (2) Uses Family Family A build -to zone that is (located between the front property line and a 8 feet 5 feet 25 feet 5 feet (line 25 feet from the front property line. (F) Building Height Regulations. IBuilding height maximum 12 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. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (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. Planning Commission January 28, 2019 GAETC\Development Services Review\2018\Develop ment Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St. (Ballard) 678\ 18-6488 Ballard Page 8 of 20 (Ord. No. 4325, 7-3-01; Ord. No. 5028, 6-19-07; 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. 5592, 06-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800. § 1(Exh. A), 10-6-15; Ord. No. 5921. §1, 11-1-16; Ord. No. 5945. §§ 5, 8, 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17) Planning Commission January 28, 2019 GAETC\Development Services Review\2018\Development Review\18-6488 RZN 825 Agenda Item 5 W. Montgomery St. (Ballard) 678\ 18-6488 Ballard Page 9 of 20 V YA c Ln a, a`, Ln C in a' 0 CU E O L _ a � Eru ` 4- Ln a/ Y O 4- 7a m O G � � n a O 'in O a a, L C � ro s c � 3 c O O O O O U t t Ln LL O O aJ Vf •� O L O C O 4- VI L C O — O O i C > O f0 co u c s L cu L +• N N u L` U C O m O +J aJ > Ln C ++ O O v 3 aj Q- + > v C L +•� Ln C C O d0 M AA a1 � fa a 0 N C a O r m a) O NA N N _ C d a1 O L O vii Ln cu U to N OU - N E i a L ro 0 O OA f0 V va C w O X u< 0 cCv s O Z3 : a OCU (U Ol O -0 > ' N aJ C 5 a O L 0 4' y v a, C Q j c>a v L t L ra Ln D d' w U - cu a O a C O O C C — co F O 4J a Vi a! O 0 L.fC r>o O ` C 2 L v 0. ar > v v L a% C l7 •� C O 0 E U W6 LA H !N cu 0 3: m Q 4-- V YA Jam. I , 6- r e-- e //) K,/ e--, c-,") cf / 5,77 merd A 37�', c ��. t�� sr X1.,1 (�Za�a�,) 2,o W -1 -LIk-11 , I 1 -,,- tt;o�/ , X-C 6- re tm �L�o - 5;sf;� � � � -�v� 3��5 C�i�r Clue �� Cly xx� '75,3 From: DAVID TRU To: Harrison. Subject: rezoning Date: Tuesday, January 29, 2019 3:59:08 PM Dear Andy Harrison, We are in support of rezoning neighborhood conservation concerning the property at 825 W Montgomery St in Fayetteville, Ar.. Buildings must be single family or one story. Single family is most consistent with our neighborhood. We have lived in same home since 1984 and have had good neighbors and we would like to keep it this way. Thanks for your time. 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Box 1647 Fayetteville, Ar 72702 GC: Brock Posey 479-235-4858 Southern Brothers Construction and its client Mr. Tim Ballard wishes to rezone 825 W. Montgomery from RSF-4 to a slightly denser RMF -6. We do note, that even though it's not common to use RMF- 6 we are not looking to greatly increase the density just the minimum for project goals of 2 — Two story Duplexes. With the lots size and two street frontages we believe it shouldn't adversely affect the current properties surrounding to the North, West or South that are currently and still zoned RSF-4. The properties further South and further North are zoned Industrial and across the street is C-2 zoning. I do not foresee any access complications as both properties will be serviced from the existing driveways off both roads. We look to bring a quality product that fits within the current neighborhood's capacity in size and style while bringing up the density for a large lot that is otherwise underutilized with a single-family home needing major repair or full demolition. Southern Brothers and its client thank you for your time and consideration G.C. — Brock Posey Planning Commission January 28, 2019 Agenda Item 5 18-6488 Ballard Page 16 of 20 Agenda Item 5 18-6488 Ballard Page 17 of 20 RZN 18-6488 BA L LA R D Close Up View Ay RSF-4 5KELTON S -i' GREENWOOD ST V) LU OrM w f: MONTGOMERY ST Proposed ': 'III ki r" y�v i4 . A. Subject Property : '+ YU WHILLOCK S r r I -T NORTH Zol_ ling Acres Legend Hillside -Hilltop Overlay District CRSF-6 0.3 Planning Area L _ Fayetteville City Limits Feet Trail (Proposed) 0 75 150 300 450 600 Design Overlay District Building Footprint 1 inch = 200 feet Total 0.3 Planning Cc mission 28, 2019 Agenda Item 5 18-6488 Ballard Page 18 of 20 RZN18-6488 BALLARD A& i Current Land Use NORTH r — FGC -SKELTON-ST. " . !r _ • ,GREEN O ST S fLU Residential Single-family r - MONTGOMERY ST �.. .. . Residential Single-family Ln Q w p Commercial MF 0 .. - Subject Property ¢ Lid W.1 ry - - — n .``�4 r Industrial Wf Ill CI: 5 1 -.l. rr:. Streets Existing FEMA Flood Hazard Data MSP Class �. FREEWAY/EXPRESSWAY 100 -Year Floodplain PRINCIPAL ARTERIAL Feet M Floadway Trail (Proposed) L _ _� Planning Area 0 75 150 300 450 600 — Fayetteville City Limits 1 inch = 200 feet 1 Design Overlay District Planning Co mission 1-11 2a, 2019 Agenda Item 5 18-6488 Ballard Page 19 of 20 Agenda Item 5 18-6488 Ballard Page 20 of 20 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter ".Petitioner") Ballard/Smith Rentals LLC, Timothy D. Ballard (Manager), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all 'of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following.- a. ollowing: a. Two Single Family Homes and accessory dwelling units or Two Duplexes. b. Single Family Homes and accessory dwelling units or Two Duplexes will not be more than two stories in height. c. Single Family Homes and accessory dwelling units or Two Duplexes will not be built closer than 15 feet to the street right of way to substantially align with existing houses. 2. Other restrictions including number and type of structures upon the property are limited to: Two single-family homes and accessory dwelling units or two duplexes that fit the category of RMF -6, Residential Multi -Family. 3. Specific activities will not be allowed upon petitioner's property include: None. 4. (Any other terms or conditions: None 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after. Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Timothy D. Ballard, as the owner, developer (Petitioner) voluntarily offer all such assurances and sign my name below. 3 of RRol Date 424 Crested Ridge Lane Fort Worth TX 76108 Address STATE OF TEXAS COUNTY OF HUNT Timothy D. Ballard • Manager Printed Name Signatur, NOTARY OATH And now on this the }� day of 2019, appeared before me, r �al�.�!�r( a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above? Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: ✓ T "'__r JAMIE D PRINCE Notary Public, Sate of Texas Comm Expires 09-17-2020 Notary ID 11054665 L� w ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6488 FOR APPROXIMATELY 0.42 ACRES LOCATED AT 825 WEST MONTGOMERY STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -6, RESIDENTIAL MULTI FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE 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 -6, Residential Multi Family, 6 Units Per Acre, subject to a bill of assurance. 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 19"' day of March, 2019. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, (hereinafter "Petitioner") Ballard/Smith Rentals LLC, Timothy D. Ballard (Manager), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any terns of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonable rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following: a. Two Single Family Homes and accessory dwelling units or Two Duplexes. b. Single Family Homes and accessory dwelling units or Two Duplexes will not be more than two stories in height. c. Single Family Homes and accessory dwelling units or Two Duplexes will not be built closer than 15 feet to the street right of way to substantially align with existing houses. 2. Other restrictions including number and type of structures upon the property are limited to: Two single-family homes and accessory dwelling units or two duplexes that fit the category of RMF -6, Residential Multi -Family. 3. Specific activities will not be allowed upon petitioner's property include: None. 4. (Any other terms or conditions: None 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development, which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, 1, Timothy D. Ballard, as the owner, developer (Petitioner) voluntarily offer all such assurances and sign my name below_ Date 424 Crested Ridge Lane Fort Worth, TX 76108 Address STATE OF TEXAS COUNTY OF HUNT Timothy D. Ballard; Manager Printed Name NOTARY OATH fN And now on this the — day of I A 2019, appeared before me, h r I' r a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. My Commission Expires: NOTARY PUBLIC wY r L JAMIE D• PRINCE Notary Public, State of 7uxas r•.ti�� Comm. Expires 09-17-2020 Notary ID 11094665 � • gZ N /.&—t 4-8-s y-2. V9 /9wx,"0/ ORDINANCE NO. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6488 FOR APPROXIMATELY 0.42 ACRES LOCATED AT 825 WEST MONTGOMERY STREET FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -6, RESIDENTIAL MULTI FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE 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 -6, Residential Multi Family, 6 Units Per Acre, subject to a bill of assurance. 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. Section 3.: That a copy of this ordinance along with the bill of assurance shall be recorded in the Office of the Circuit Clerk and Ex -Officio Recorder for Washington County. PASSED and APPROVED this 2nd day of April, 2019. APPROVED: By: LIONELD JORDAN, Mayor ATTEST: By: SONDRA E. SMITH, City Clerk/Treasurer IAPB 5 2019 C�nn Gl-5RKS �RTHWEST ARKANSAS Democrat tett AFFIDAVIT OF PUBLICATION I Cathy Staggs, do solemnly swear that I am the Accounting Manager 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. 6163 Was inserted in the Regular Edition on: April 11, 2019 Publication Charges: $ 85.80 Cathy Sta g Subscribed and sworn to before me This \ 2 day of 1-f , 2019. "C'_ Notary Public My Commission Expires: Z 1Z.) IZe12 _ **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6163 File Number- 2019-0089 R7_N 18-6488 (825 W MONTGOMERY ST./BALLARD): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 18-6488 FOR APPROXIMATELY 0.42 ACRES LOCATED AT 825 WEST MONTGOMERY STREET FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF -6, RESIDENTIAL MULTI FAMILY, 6 UNITS PER ACRE, SUBJECT TO A BILL OF ASSURANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: Thal 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 RSF4, Residential Single Family, 4 Units Per Acre to RMF -6, Residential Multi Family, 6 Units Per Acre, subjccl to a bill ofassurancc. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayelleville to reflect the zoning change provided in Section 1, Section 3: That a copy of this ordinance along with the bill ofassurancc shall be recorded in the Off -ice of the Circuit Clerk and Ex -Officio Recorder for Washington County. PASSED and APPROVED on 4/2/2019 Approved: Lioncld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74904410 April H, 2019