HomeMy WebLinkAboutORDINANCE 6231��
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Doc ID: 018835890003 Type: REL
Kind: ORDINANCE 2019 at 1120:55 AM
Recorded: 10/04/
Fee Amt: $25.00 Paqe 1 of 3
Washington Count,, AR
Sylvester Circuit Clerk
113 West Mountain Street
Kyle
0350
Fayetteville, AR 72701
File2019-0003
(479) 575-8323
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Ordinance: 6231
� m u ri
File Number: 2019-0547
RZN 19-6748 (203 E. 13TH ST./DAVIS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 19-
6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC,
NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both
attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to RI -U,
Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning
map of the City of Fayetteville to reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/17/2019
Page 1
0LE1111
11
111
Attest:GITy ••�Fy�.�
O�`••`PGs
Lisa Branson, Deputy City Clerk-
ISN C0�
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Printed on 9119119
RZN19-6748 DAVIS EXHIBIT 'A'
Close Up View 19-6748
11TH ST RSF-18
Mu W
Q
z
12TH PILL
_z
2
033
12TH ST
RMF -24
Legend
Shared Use Paved Trail
Planning Area
Fayetteville Cit Limits
Y Y
Building Footprint
R -A
Subject Property
ELLA ST
Feet
0 75 150 300 450 600
1 inch = 200 feet
13
I
I, NORTH
Zoning Acres
RW 0.2
Total 0.2
EXHIBIT 'B'
19-6748
W12 LOTS 1-2 BLOCK 6, Surf Dodo Add, including all appurtenances thereon. Also known as 203 E.
13th Street, Fayetteville; Arkansas 72701.
n
Washington County, AR
I certify this instrument was filed on
10/04/2019 11:20:55 AM
and recorded in Real Estate
File Number 2019-00030350
Kyle Sylvester -,4ircuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
. i
Text File
File Number: 2019-0547
Agenda Date: 9/17/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 3
RZN 19-6748 (203 E. 13TH STJDAVIS):
AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN
19-6748 FOR APPROXIMATELY 0.21 ACRES LOCATED AT 203 EAST 13TH STREET FROM NC,
NEIGHBORHOOD CONSERVATION TO RI -U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of
the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning
Department's Agenda Memo from NC, Neighborhood Conservation to RI -U, Residential Intermediate -Urban.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of
the City of Fayetteville to reflect the zoning change provided in Section 1.
City of Fayetteville, Arkansas Page 1 Printed on 9/19/2019
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2019-0547
Legistar File ID
9/17/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/30/2019
Submitted Date
Action Recommendation:
CITY PLANNING (630)
Division / Department
RZN 19-6748: Rezone (203 E. 13TH ST./DAVIS, 563): Submitted by SOUTHERN BROTHERS CONSTRUCTION, INC. for
property located 203 E. 13TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.21 acres. The request is to rezone the property to RI -U, RESIDENTIAL INTERMEDIATE -URBAN.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget
Fund
Project Title
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 17, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
FROM: Abdul R. Ghous, Planner
DATE: August 30, 2019
CITY COUNCIL MEMO
SUBJECT: RZN 19-6748: Rezone (203 E. 13TH STJDAVIS, 563): Submitted by SOUTHERN
BROTHERS CONSTRUCTION, INC. for property located 203 E. 13TH ST. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.21 acres. The request is to rezone the property to RI -U,
RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
The Planning Commission and staff recommend approval of an ordinance to rezone the subject
property to NC, Neighborhood Conservation, as shown in the attached Exhibits 'A' and 'B'.
BACKGROUND:
The subject property is located at the corner of E. 13th street and S. Washington Avenue in the
Burl Dodd Addition of the Walker Park Neighborhood. The property totals approximately 0.20
acres, is zoned NC, Neighborhood Conservation, and contains a single-family residential
dwelling.
Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U,
Residential Intermediate - Urban. The goal is to increase density and capacity allowing
development of smaller single family homes with rear entry drive. Proposed zoning is compatible
with the surrounding land use.
Land Use Compatibility: Land uses in immediate and general adjacency to the subject property
are diverse. Although Washington Avenue is mostly single-family in character, there are examples
of 2-,3-, and 4 -family dwellings throughout Walker Park. That said, existing lot sizes range from
approximately 60 to over 300 feet near the subject property, which is markedly larger than the 18 -
foot lot widths permitted under RI -U. All told, and with due consideration for both the potential
building types and forms, staff finds that the proposed rezoning is generally compatible with
adjacent land uses.
Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a variety of housing
types while conserving the existing single-family fabric where it is intact. As stated earlier in this
report, the City Council has approved multiple rezonings over the last two years allowing 2-, 3-,
and 4 -family dwellings in mid -block locations amidst single-family dwellings. These recent
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
decisions are viewed by staff as a shift in the Walker Park Neighborhood Plan policies guiding
staff to recommend that the current rezoning request is in-line with land use policies of the City
Council.
DISCUSSION:
On August 26, 2019, the Planning Commission forwarded the proposal to City Council with a
recommendation for approval by a vote of 7-0-0. No public comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
RZN19-6748 DAVIS EXHIBIT W
Close Up View 19-6748
s
K\IF-'_4
Legend
Shared Use Paved Trail
t _
Planning Area
Fayetteville City Limits
Building Footprint
Feet
0 75 150 300 450
1 inch = 200 feet
.ie,
,_, NORTH
Zoning Acres
RI -U 0.2
Total 0.2
EXHIBIT 'B'
19-6748
W112 LOTS 1-2 BLOCK 6, Saari Codd Add. including all appurtenances thereon. Also known as 203 E.
13th Street, Fayetteville, Arkansas 72701.
CITY OF
IVFAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Abdul R. Ghous, Planner
MEETING DATE: August 26, 2019 Updated 8.27.19 PC FWD
SUBJECT: RZN 19-6748: Rezone (203 E. 13' St./Davis, 563): Submitted by
Southern Brothers Construction, LLC for property located at 203 E. 13th St.
The property is zoned NC, NEIGHBORHOOD CONSERVATION and
contains approximately 0.19 acres. The request is to rezone the property
to RI -U, RESIDENTIAL INTERMEDIATE -URBAN.
RECOMMENDATION:
Staff recommends forwarding RZN 19-6748 to City Council with a recommendation for approval
RECOMMENDED MOTION:
"I move to forward RZN 19-6748 to City Council with a recommendation for approval."
BACKGROUND:
The subject property is located at the corner of E. 13th street and S. Washington Avenue in the
Burl Dodd Addition of the Walker Park Neighborhood. The property totals approximately 0.20
acres, is zoned NC, Neighborhood Conservation, and contains a single-family residential
dwelling. 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
NC, Neighborhood Conservation
South
Single-family residential
NC, Neighborhood Conservation
East
Single-family residential
NC, Neighborhood Conservation
West
Single-family residential
NC, Neighborhood Conservation
Request: The request is to rezone the parcel from NC, Neighborhood Conservation to RI -U,
Residential Intermediate - Urban. The goal is to increase density and capacity allowing
development of smaller single family homes with rear entry drive. Proposed zoning is compatible
with the surrounding land use.
Public Comment: Staff has not received any public comment.
INFRASTRUCTURE:
Streets: This parcel has frontage to South Washington Avenue and East 13th Street.
South Washington Avenue is an unclassified street with asphalt paving and open
ditches along the property's frontage. East 13th Street is an unclassified street
with asphalt paving and curb and gutter along the property's frontage. 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 this parcel. An existing 6 -inch watermain is present
along South Washington Avenue that currently serves parcel 765-03364-000. An
existing 1 -inch watermain is present along East 13th Street.
Sewer: Sanitary Sewer is available to this parcel. An existing 8 -inch sanitary sewer main
is present along South Washington Avenue and an existing 6 -inch sanitary sewer
main is present along East 13th 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. Hydric soils
appear to be present in the area.
Fire: The site will be protected by Station 3, located at 1050 S. Happy Hollow Road.
The property is located approximately 1.5 miles from the fire station with an
anticipated drive time of approximately 3 minutes using existing streets. The
anticipated response time would be approximately 5.2 minutes. Fire Department
response time is calculated based on the drive time plus 1 minute for dispatch and
1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire
Department has a response time goal of 6 minutes for an engine and 8 minutes
for a ladder truck.
Police: The Police Department expressed no concerns with this request.
CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates
the property within the proposed rezone as Complete Neighborhood Plan in association with
the Walker Park Neighborhood Plan. A central goal of this plan was to preserve single-family
neighborhoods while encouraging additional housing types and a mixture of uses. The plan states
that the neighborhood should have a balance of non-residential uses and housing for different
income levels. A major emphasis of the plan is connectivity and walkability, with a connection of
the street grid and improved mobility that will unify the neighborhood over time.
Since 2016, the City Council has approved multiple rezonings in the Walker Park neighborhood
that permit construction of 2-, 3-, and 4 -family dwellings in mid -block locations and adjacent to
single-family dwellings. Staff interprets these decisions as policy direction from the Council for the
Walker Park Neighborhood and has incorporated this direction into this rezoning
recommendation.
FINDINGS OF THE STAFF
A determination of the degree to which the proposed zoning is consistent with land use
planning objectives, principles, and policies and with land use and zoning plans.
Finding: Land Use Compatibility: Land uses in immediate and general adjacency to
the subject property are diverse. Although Washington Avenue is mostly
GAETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03
Planning Commission\08-12-2019\Comments and Redlines
single-family in character, there are examples of 2-, 3-, and 4 -family dwellings
throughout this portion of Walker Park. That said, existing lot sizes range
from approximately 60 to over 300 feet near the subject property, which is
markedly larger than the 18 -foot lot widths permitted under RI -U. All told, and
with due consideration for both the potential building types and forms, staff
finds that the proposed rezoning is generally compatible with adjacent land
uses.
Land Use Plan Analysis: The Walker Park Neighborhood Plan encourages a
variety of housing types while conserving the existing single-family fabric
where it is intact. As stated earlier in this report, the City Council has
approved multiple rezonings over the last two years allowing 2-, 3-, and 4 -
family dwellings in mid -block locations amidst single-family dwellings.
These recent decisions are viewed by staff as a shift in the Walker Park
Neighborhood Plan policies guiding staff to recommend that the current
rezoning request is in-line with land use policies of the City Council.
2. A determination of whether the proposed zoning is justified and/or needed at the time the
rezoning is proposed.
Finding: Based on the applicant's letter, the requested rezoning is justified and
needed at this time to increase options for the developer and increase the
number of units possible for construction. This property is marginally larger
than many along Washington Avenue, but its subdivision and
redevelopment is not possible without an approved rezoning.
A determination as to whether the proposed zoning would create or appreciably increase
traffic danger and congestion.
Finding: Rezoning and redevelopment of the property under RI -U, with its lack of
density requirements, has the potential to increase traffic on Washington
Avenue. That said, the size of the property, totaling less than a 1/4 acre, will
naturally restrict the number of potential dwellings, and thus the possibility
of increased traffic danger and congestion.
4. A determination as to whether the proposed zoning would alter the population density and
thereby undesirably increase the load on public services including schools, water, and
sewer facilities.
Finding: Rezoning the property from NC to RI -U will increase the potential population
density, but will not undesirably increase the load on facilities and services.
As noted above, this 0.18 -acre property has access to existing water, sewer,
and other public services that eliminate the need for costly extensions or
stretched fire or police service.
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:
It would be impractical to use the land for any of the uses permitted
under its existing zoning classifications;
GAETC\Development Services Review\2019\Development Services\19-6748 RZN 203 E. 13th St. (Davis) 563\03
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b. There are extenuating circumstances which justify the rezoning even
though there are reasons under b (1) through (4) above why the
proposed zoning is not desirable.
Finding: N/A
RECOMMENDATION: Planning staff recommends forwarding RZN 19-6748 to the City
Council with a recommendation for approval.
PLANNING COMMISSION ACTION: Required YES
Date: August 26th, 2019 O Tabled 7YForwarded O Denied
Motion: Belden
Forwarded to CC with
Second: Paxton recommendation of approval
JVote: 7-0-0
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §161.29 - District NC, Neighborhood Conservation
o §161.12 - District RI -U, Residential Intermediate — Urban
• City Fire Department memo
• Request letter
• One Mile Map
• Close-up Map
• Current Land Use Map
• Future Land Use Map
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Planning Commission\08-12-2019\Comments and Redlines
161.29 - Neighborhood Conservation
(A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones.
Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as
civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the
purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone.
(B) Uses.
(1) Permitted Uses.
Unit 1 1 City-wide uses by right
Unit 8 1 Single-family dwellings
Unit 41 j 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 9
Two (2) family dwellings
Unit 10
Three (3) and four (4) family dwellings
Unit 12a
Limited business*
Unit 24
Home occupations
Unit 25
Offices, studios, and related services
Unit 28
I
Center for collecting recyclable materials
Unit 36
_
Wireless communication facilities
Unit 44
Cluster Housing Development
(C) Density. Ten (10) Units Per Acre.
(D) Bulk and Area Regulations.
(1) Lot Width Minimum.
f.�..... _.. _. ................__......__ __-._ .. ........_.
Single Family 40 feet
9
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Two Family 80 feet
Three Family 90 feet ,
(2) Lot Area Minimum . 4,000 square feet
(E) Setback Regulations
f A build -to zone that is located between
!! Front the front property line and a line 25 feet
from the front property line.
Side 5 feet
Rear 5 feet
Rear, from
center line of 12 feet
an alley
(F) Building Height Regulations.
Building Height Maximum — 3 stories
(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; 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; Ord. No. 5945 , §§ 5, 7-9, 1-17-17; Ord.
No. 6615, §1(Exh. A), 11-21-17)
161.12 - District RI -U, Residential Intermediate - Urban
(A) Purpose. The RI -U Residential District is designed to permit and encourage the development of detached and
attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-
family homes and to encourage a diversity of housing types to meet demand for walkable urban living.
(B) Uses.
(1) Permitted Uses.
Unit 1
Unit 8
Unit 9
City-wide uses by right
Single-family dwellings
Two (2) family dwellings
Unit 10 Three (3) and four (4) family dwellings
------
Unit 41__
Unit 44
Accessory dwellings
Cluster housing development
(2) Conditional Uses.
Unit 2 City-wide uses by conditional use permit
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Unit 3 Public protection and utility facilities
.. _- __ _ .�- _..____
Unit 4 Cultural and recreational facilities
Unit Government facilities
Unit 12a Limited business
i
Unit 24 Home occupations
Unit 26 Multi -family dwellings
Unit 36 Wireless communications facilities
(C) Density. None.
(D) Bulk and Area Regulations
Dwelling
Lot width minimum 18 feet
Lot area minimum None
(E) Setback Requirements.
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17
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Side
Side Rear
Rear, from
Front
Other
Single & Other
centerline of
Uses
Two (2) Uses
an alley
Family
A build -to zone that is
located between the
None
5 feet 5 feet
12 feet
front property, line and
a line 25 feet from the
(F) Building Height Regulations.
Building height maximum 2 stories/3 stories*
* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any
master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the
building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of
three (3) stories.
(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area.
(H) Minimum Buildable Street Frontage. 50% of the lot width.
(Ord. No. 5945 , §5(Exh. A), 1-17-17, Ord. No. 6015 , §1(Exh. A), 11-21-17
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DUALITY WM A I T E A S�
cr"W/Mozw
BROTHERS
CONSTRUCTION.LLC
P.O. Box 1647 Fayetteville, Ar 72702
GC: Brock Posey
479-236-4858
Southern Brothers Construction and its client wishes to rezone Parcel H 765-03364 (203
E. 13 I St from Neighborhood Conservation NC to RI -U. Our goal in rezoning this is to increase
the density and capacity for some smaller single family homes with rear entry drive. To the
East/West of the property we have NC Zoning and North/South would be the same, with RI -U
zoning nearby. The client wishes to have single access driveway to service both homes. With
the newer developments of surrounding smaller family homes the client and we believe this
will not adversely affect the neighborhood by bringing in more quality homes.
Southern Brothers and its client thank you for your time and consideration
G.C. — Brock Posey
RZN19-6748 DAVIS A.
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PRINCIPAL ARTERIAL 0 112.5 225 450 675 900
Shared Use Paved Trail
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1 I Fayetteville City Limits
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I Fayetteville City Limits Feet Natural Area
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Shared Use Paved Trail
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Trail(Proposed)
1 inch = 400 feet
Building Footprint
RECEIVED
OCT 0 4 2019
NORTHWEST ARKANSAS �� sCE
vemoct6-Azette
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. 6231
Was inserted in the Regular Edition on:
September 26, 2019
Publication Charges: 66.30
Cathy lis
Subscribed and sworn to before me
This qday of Z) , 2019.
Notary Public
My Commission xpires:
C,^,THY WILES +
Arkansas - Benton County
Notary Public - Comm# 12397118
My Commission Expires Feb 20, 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6231
File Number: 2019-0547
RZN 19-6748 (203 E. 13TH ST./DAVIS):
AN ORDINANCE TO REZONE THAT
PROPERTY DESCRIBED IN REZONING
PETITION RZN 19-6748 FOR
APPROXIMATELY 0.21 ACRES LOCATED
AT 203 EAST 13TH STREET FROM NC,
NEIGHBORHOOD CONSERVATION TO RI -
U, RESIDENTIAL INTERMEDIATE -URBAN
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of
Fayetteville, Arkansas hereby changes the zone
classification of the property shown on the map
(Exhibit A) and the legal description (Exhibit B)
both attached to the Planning Department's
Agenda Memo from NC, Neighborhood
Conservation to RI -U, Residential Intermediate -
Urban.
Section 2: That the City Council of the City of
Fayetteville, Arkansas hereby amends the
official zoning map of the City of Fayetteville to
reflect the zoning change provided in Section 1.
PASSED and APPROVED on 9/17/2019
Approved:
Lioneld Jordan, Mayor
Attest:
Lisa Branson, Deputy City Clerk
75096207 Sept. 26, 2019
