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Home My WebLink AboutOrdinance 6358W_ I IIIIIII IIIIII III IIIII IIII) IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 019466160003 Type: REL Kind: ORDINANCE -� Recorded: 09/30/2020 at 02:53:55 PM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk Fi1e2020-00035278 113 West Mountain Street ARCHIVED Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6358 File Number: 2020-0689 RZN 20-7170 (921 W. BERRY ST./HOMESTEAD, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7170 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 921 WEST BERRY STREET FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 9/15/2020 RZN20-7170 Close Up View UJI Q J J W n _z J Legend Planning Area Fayetteville City Limits Building Footprint HOMESTEAD, INC. HUGHES ST i� O BERRYST-- Subject Property EAGLE ST Feet 0 55 110 220 330 440 1 inch = 150 feet i 20-7170 EXHIBIT 'A' Go S A& NORTHI Zonina Acres RI-U 0.2 Total 0.2 EXHIBITS' 20-7170 SURVEY DESCRIPTION PARENT TRACT - LOT 4 IN BLOCK 10 OF ROSE HILL ADDITION: LOT FOUR (4) IN BLOCK TEN (10) OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 5 AT PAGE 78 OF THE WASHINGTON COUNTY RECORDS AND ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 10, SAID POINT BEING A FOUND 3/8 INCH REBAR; THENCE ALONG THE NORTH LINES OF LOTS 1, 2, AND 3, N86°04'55"W A DISTANCE OF 155.81 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID NORTH LINE AND ALONG THE EAST LINE OF SAID LOT 4, S02°31'45"W A DISTANCE OF 149.47 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT 4, N86004'55"W A DISTANCE OF 52.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID LOT 4, N02029'03"E A DISTANCE OF 149.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID WEST LINE AND ALONG THE NORTH LINE OF SAID LOT 4, S86004'55"E A DISTANCE OF 52.25 FEET TO THE POINT OF BEGINNING CONTAINING 0.18 ACRES (7,799 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. Washington County, AR I certify this instrument was filed on 09/30/2020 02:53:55 PM and recorded in Real Estate File Number 2020-00035278 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0689 Agenda Date: 9/15/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B 4 RZN 20-7170 (921 W. BERRY ST./HOMESTEAD, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7I70 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 921 WEST BERRY STREET FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 911612020 City of Fayetteville Staff Review Form 2020-0689 Legistar File ID 9/1/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/14/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN 20-7170: Rezone (921 W. BERRY ST./HOMESTEAD, INC., 444): Submitted by ENGINEERING SERVICES, INC. for property located at 921 W. BERRY ST. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.18 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 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ' ARKANSAS MEETING OF SEPTEMBER 1, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: August 14, 2020 CITY COUNCIL MEMO SUBJECT: RZN 20-7170: Rezone (921 W. BERRY ST./HOMESTEAD, INC., 444): Submitted by ENGINEERING SERVICES, INC. for property located at 921 W. BERRY ST. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.18 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is located at 921 W. Berry Street, at the southeast corner of the intersection with N. Oakland Avenue. The property is approximately 0.25 miles northeast to the University of Arkansas and contains one single-family dwelling that was constructed in 1936 with an associated garage on the property. The property is currently zoned RMF-40, Residential Multi -Family, 40 Units per Acre, has approximately 0.18 acres, and has had this zoning designation since 2003. Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential Intermediate — Urban. The applicant intends to develop single-family homes following an associated lot split. Public Comment: Staff has received no public comment on the item. Land Use Compatibility: Staff finds the proposed zoning to be compatible with the surrounding properties. The property is surrounded by a mix of multi -family development and some undeveloped sites. While RI-U is a less intense form of zoning than RMF-40 in terms of use, RI- U does not include a hard -cap to density, which instead depends on topography and other development standards to shape building form. Staff finds that given the size of the existing property, the lack of a density maximum in RI-U would not be detrimental to surrounding properties and uses. RI-U is similar to RMF-40 in that it promotes traditional development by requiring new buildings to be located closer to the street through a build -to zone. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. The property, designated as a City Neighborhood Area, envisions many different uses in different mixed -use configurations. Although the proposal is a downzone in terms of by -right uses, multi- family is still a conditional use within the requested zoning district of RI-U. RI-U also allows for a range of residential uses that may still achieve a mix of residential building types across the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for the area in question. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use • Near Grocery Store (Harp's on N. Garland Avenue) • Near Public School (Leverett Elementary) • Near Razorback Bus Stop • Near Sewer Main (8" 200' along N. Oakland Avenue) • Near Paved Trail (Razorback Greenway) • Near University of Arkansas Campus • Near Water Main (6" PVC, W. Berry Street) • 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue) DISCUSSION: At the August 10, 2020 Planning Commission meeting, commissioners unanimously voted to forward the subject item to City Council for approval with a vote of 8-0-0. Commissioner Belden made the motion, with a second from Commissioner Brown. Commissioners found the proposal to be compatible at this location, finding the density to be appropriate, and the proximity to a Tier 2 center as outlined in City Plan 2040. Commissioners also noted a similar request that was approved just south of the subject property at W. Eagle Street and N. Oakland Avenue. No public comment was issued on the request. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report (11 RZN20-7170 Close Up View In w a J W 0 _z J HOMESTEAD, INC. y> I HUGHES ST i<�ii Q Z a _J AJI LU O Q BERRY-ST— EAGLE ST -w Q f� W O U) 20-7170 EXHIBIT 'Al 00 I c -2 NORTH Zoninq Acres RI-U 0.2 Legend Planning Area Feet Fayetteville City Limits 0 55 110 220 330 440 Building Footprint 1 inch = 150 feet Total 0.2 EXHIBITS' 20-7170 SURVEY DESCRIPTION PARENT TRACT - LOT 4 IN BLOCK 10 OF ROSE HILL ADDITION: LOT FOUR (4) IN BLOCK TEN (10) OF ROSE HILL ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN IN PLAT BOOK 5 AT PAGE 78 OF THE WASHINGTON COUNTY RECORDS AND ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 10, SAID POINT BEING A FOUND 3/8 INCH REBAR; THENCE ALONG THE NORTH LINES OF LOTS 1, 2, AND 3, N86°04'55"W A DISTANCE OF 155.81 FEET TO THE NORTHEAST CORNER OF SAID LOT 4 AND THE POINT OF BEGINNING, SAID POINT BEING A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID NORTH LINE AND ALONG THE EAST LINE OF SAID LOT 4, S02°31'45"W A DISTANCE OF 149.47 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID EAST LINE AND ALONG THE SOUTH LINE OF SAID LOT 4, N86°04'55"W A DISTANCE OF 52.13 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID SOUTH LINE AND ALONG THE WEST LINE OF SAID LOT 4, N02029'03"E A DISTANCE OF 149.48 FEET TO THE NORTHWEST CORNER OF SAID LOT 4 AND A SET IRON PIN WITH CAP "PLS 1156"; THENCE LEAVING SAID WEST LINE AND ALONG THE NORTH LINE OF SAID LOT 4, S86004'55"E A DISTANCE OF 52.25 FEET TO THE POINT OF BEGINNING CONTAINING 0.18 ACRES (7,799 SQUARE FEET), MORE OR LESS, AND SUBJECT TO ALL RIGHTS OF WAY, EASEMENTS OR RESTRICTIVE COVENANTS OF RECORD OR FACT. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: August 10, 2020 Updated with PC hearing results from 8/10/2020 SUBJECT: RZN 20-7170: Rezone (921 W. BERRY ST./HOMESTEAD, INC., 444): Submitted by ENGINEERING SERVICES, INC. for property located at 921 W. BERRY ST. The property is zoned RMF-40, RESIDENTIAL MULTI FAMILY, 40 UNITS PER ACRE and contains approximately 0.18 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN 20-7170 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 20-7170 to City Council with a recommendation for approval." BACKGROUND: The subject property is located at 921 W. Berry Street, at the southeast corner of the intersection with N. Oakland Avenue. The property is approximately 0.25 miles northeast to the University of Arkansas, and contains one single-family dwelling that was constructed in 1936 with an associated garage on the property. The property is currently zoned RMF-40, Residential Multi - Family, 40 Units per Acre, has approximately 0.18 acres, and has had this zoning designation since 2003. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre South Multi -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Undeveloped RMF-40. Residential Multi -Family, 40 Units per Acre West Multi -Family Reside ntial/Undeveloped RMF-40, Residential Multi -Family, 40 Units per Acre Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential Intermediate — Urban. The applicant intends to develop single- family homes following an associated lot split. Public Comment: Staff has received no public comment. Planning Commission August 10. 2020 Agenda Item 11 20-7170 Homestead. Inc Page 1 of 14 INFRASTRUCTURE: Streets: This property has frontage to N. Oakland Avenue and W. Berry Street. North Oakland Avenue is a partially improved Residential Link with asphalt paving and curb and gutter. W. Berry Street is an unimproved residential link with asphalt paving and open ditches. Any street improvements or additional 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 West Berry Street that can serve parcel 765-10379-000. Initial engineering review indicates that water extension will be required before lot split approval. Sewer: Sanitary Sewer is available to this parcel. An existing 8-inch sanitary sewer main is present in North Oakland Avenue at the southwest corner of this parcel and an existing 6-inch sanitary sewer main is present in West Berry Street at the northeast corner of this parcel. Initial engineering review indicates that sanitary sewer will require an extension before lot split approval. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils are not present in the subject area. No portion of the property is within the Hillside -Hilltop Overlay District, FEMA floodplain. nor is there a protected stream present in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 2 located at 708 N. Garland Avenue, protects this site. The property is located approximately 0.2 miles from the fire station with an anticipated drive time of approximately 1 minutes using existing streets. The anticipated response time would be approximately 3.2 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 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. &\ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead, Inc.) 444\03 PC Planning Commission August 10. 2020 Agenda Item 11 20-7170 Homestead. Inc Page 2 of 14 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 11 for the area in question, with a weighted score of 13.5. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use • Near Grocery Store (Harp's on N. Garland Avenue) • Near Public School (Leverett Elementary) • Near Razorback Bus Stop • Near Sewer Main (8" 200' along N. Oakland Avenue) • Near Paved Trail (Razorback Greenway) • Near University of Arkansas Campus • Near Water Main (6" PVC, W. Berry Street) • 4 Minute Fire Department Response time (Fire Station #2, 708 N. Garland Avenue) 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: Staff finds the proposed zoning to be compatible with the surrounding properties. The property is surrounded by a mix of multi -family development and some undeveloped sites. While RI-U is a less intense form of zoning than RMF-40 in terms of use, it does have an unlimited density requirement and a much smaller lot size. Given the size of the existing property, staff does not find that the lack of a density maximum would be detrimental to surrounding properties and uses. RI-U is similar to RMF-40 in that it promotes traditional development by requiring new buildings to be located closer to the street through a build -to zone. Land Use Plan Analysis: Staff believes that the proposal is compatible with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. The property, designated as a City Neighborhood Area, envisions many different uses in different mixed -use configurations. Although the proposal is a downzone in terms of by -right uses, multi -family is still a conditional use within the requested zoning district of RI-U. RI-U also allows for a range of residential uses that may still achieve a mix of residential building types across the neighborhood. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds this proposed zoning request to be justified at this time, finding that RI-U will allow for diversifying the mix of uses in the neighborhood through allowing varying lot sizes and residential types by -right. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Even without a cap on density in RI-U, rezoning the property from RMF-40 to RI-U is not likely to appreciably increase traffic danger or congestion above G \ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead. Inc.) 444\03 PC Planning Commission August 10 2020 Agenda Item 11 20-7170 Homestead. Inc Page 3 of 14 the potential of the current zoning district. 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 RMF-40 to RI-U is not likely to undesirably increase the load on public services above the current zoning district. Engineering did note that water and sewer would need to be extended to the southern portion of the site before associated lot split could be approved. 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: Planning staff recommends forwarding RZN 20-7170 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: August 10, 2020 Motion: Belden Second: Brown Vote: 8-0-0 BUDGET/STAFF IMPACT: None O Tabled M Forwarded O Denied Attachments: • Unified Development Code: o §161.12 - District RI-U, Residential Intermediate — Urban o §161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map G \ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead. Inc.) 444\03 PC Planning Commission August 10. 2020 Agenda Item 11 20-7170 Homestead, Inc Page 4 of 14 161.12 - District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. City-wide uses by conditional use Unit 2 permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit Limited business 12a Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling (all types) Lot width minimum 18 feet Lot area minimum None G:\ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead. Inc.) 444\03 PC Planning Commission August 10 2020 Agenda Item 11 20-7170 Homestead. Inc Page 5 of 14 (E) Setback Requirements Side SideRear& Rear Rear, from e Front Other Two Other centerline Uses Family Uses of an alley A build -to zone that is located between the front property, line and None 5 feet 5 feet 12 feet a line 25 feet from the front property line. (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. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 . §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) &\ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead, Inc.) 444\03 PC Planning Commission August 10. 2020 Agenda Item 11 20-7170 Homestead, Inc Page 6 of 14 161.17 - District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre Forty (40) 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 30 feet Two (2) family 30 feet Three or more 70 feet Professional offices 100 feet G:\ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead. Inc.) 444\03 PC Planning Commission August 10 2020 Agenda Item 11 20-7170 Homestead. Inc Page 7 of 14 (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home 4,200 square park feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two (2) family 3,000 square feet Three (3) or more 7,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured 3,000 square feet Home Fraternity of 500 square feet per Sorority resident (E) Setback Requirements Side Side Rear Rear Front Other Single & Other Single Uses Two (2) Uses Family Family A build -to zone that is located between the front property line g feet 5 feet 20 feet 5 feet and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height 2 stories/3 stories/5 Maximum stories' G \ETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead, Inc.) 444\03 PC Planning Commission August 10, 2020 Agenda Item 11 20-7170 Homestead, Inc Page 8 of 14 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories 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 5 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. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV): Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81, Ord. No. 1747, 6-29-70; Code 1991, §160.034: Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178. 8-31-99. 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. 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, 8. 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19) GAETC\Development Services Review\2020\Development Services\20-7170 RZN 921 W. Berry St. (Homestead. Inc.) 444\03 PC Planning Commission August 10. 2020 Agenda Item 11 20-7170 Homestead, Inc Page 9 of 14 ENGINEERING SERVICES INC. �I� 1207 S. Old Missouri Rd. • P.O. Box 282 0 Springdale, Arkansas 72765-0282 Ph: 479-7S1-8733 0 Fax: 479-751-8746 June 30, 2020 City Council & Planning Commission Transmitted Via Electronic Mail to: City of Fayetteville. Arkansas aharrison@fayetteville-ar.gov 125 West Mountain Street Fayetteville, AR 72701 RE: Rezoning Petition 921 West Berry Street City Council and Planning Commission Members, On behalf of our client, Homestead, Inc., we are submitting application materials to rezone the property at 921 Berry Street. The subject property includes 0.18 acres and is located at the southeast corner of West Berry Street and North Oakland Avenue. The purpose of the request is to allow the tract to be split into smaller lots. as shown in the lot split being submitted concurrently. The proposed split is not possible in the current district. This residential subdivision was platted in the 1940's and is well -established. The neighborhood is dominated by residential uses, which include a diverse mix of single family and multi -family structures of widely varying sizes, types, and ages. The proposed development will be compatible with these surrounding uses. The Fayetteville Infield Scoring GIS map provides a score of 11 on a scale of 1 to 13 for this property, signifying that infill in this location is appropriate and is supported by existing infrastructure and a variety of amenities. The proposed rezoning and development of this land are also aligned with the City of Fayetteville's City Plan 2040 commitments that "We will make appropriate infill and revitalization our highest priorities", and "We will create opportunities for attainable housing." Thank you for your consideration of this request. Sincerely, ---r Daniel Lazenby Brian J. Moore. P.F. Fim J. Mays. P.E. Jason Appel. P.E. Jerry W. Martin President I Vice President ( Secretaiy.Trrasurei I ('hairman ofthe Board Planning Commission • • • r • • 10.2020 ENGINEERING SERVICES INC. Item 11 20-7170 Homestead, Inc Page 10 of 14 Agenda Item 11 20-7170 Homestead, Inc Page 11 of 14 RZN20-7170 HOMESTEAD, INC. Close Up View U'00 w J r� J Legend HUGHES ST RMF-JO Q G Z .5 Y _J O Q— BERRY-ST-- w Proposed —� w Q RI-U Q J w 0 0 Z � A;Subject Property him - EAGLE ST Planning Area Feet 'Fayetteville City Limits 0 55 110 220 330 440 Building Footprint 1 inch = 150 feet wig JL� Qi _2 I 1 "'I' NORTH i Zoning Acres RI-U 0.2 Total 0.2 Planning Co mission 10.2020 Agenda Item 11 20-7170 Homestead, Inc Page 12 of 14 RZN20-7170 HOMESTEAD, INC. _ Current Land Use NORTH M � Mixed -Density Q Residential ' Multi -Family Residential, i ` BERRY ST ` Jill Undeveloped'. ' i lJndeve°I i e,l �. E . e °.. Subject r Property a` rs FW 0 X Multi -Family` t ' Residential t q i Multi -Family -' Residential EAGLE ST Boom FEMA Flood Hazard Data 100-Year Floodplain Feet Floodway 0 25 50 100 150 200 Planning Area Fayetteville City Limits 1 nch = 70 feet i Planning Comission 10. 2020 Agenda Item 11 20-7170 Homestead, Inc Page 13 of 14 RZN20-7170 Future Land Use --"" WEDINGTON DR ink) Civic Institutional 0& Q Legend Planning Area Fayetteville City Limits Trail (Proposed) Building Footprint HOMESTEAD, INC. Ww z Q NORTH STD O I � HUGHES ST 0 CD } W J J Q BERRY�ST W a Subject Property J EAGL•E ST W a a o PRIVATE I 675 Feet 0 112.5 225 450 675 900 1 inch = 300 feet C City Neighborhood IIIIIIII City Neighborbood IIIIIIII Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center Planning 10. 2020 Agenda Item 11 20-7170 Homestead, Inc Page 14 of 14 NORTHWEST ARKANsAS Democrat aetie 16.0;, -„ E 1"E rILI-E. AP, ;27021 , 9-442.1?(^ , t,,:v 179-695-11'$ AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6358 Was inserted in the Regular Edition on: September 20, 2020 Publication Charges: $82.08 .tea Brittany Smith Subscribed and sworn to before me This21 day of � , 2020. ti Notary Public My Commission Expires: Zg�2o� **NOTE** Please do not pay from Affidavit. Invoice will be sent. STPGGAp2�16 00 GP�N��S H 2 oN 2 Ordinance: 6358 File Number: 2020-0689 RZN 20-7170 (921 W. BERRY ST./HOMESTEAD, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-7170 FOR APPROXIMATELY 0.18 ACRES LOCATED AT 921 WEST BERRY STREET FROM RMF40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE - URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF- 40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential 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/ 15/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75322629 Sept 20,2020