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Home My WebLink AboutOrdinance 6372I IIIIIII (IIIII I!I IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illli IIIII IIIII IIII IIII Doc ID: 019575290003 Type: REL Kind: ORDINANCE Recorded: 11/30/2020 at 03:47:09 PM Fee Amt: $25.00 Paqe 1 of 3 Washinqton County, AR Kyle Sylvester Circuit Clerk File202O-00043754 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6372 File Number: 2020-0821 RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, A RKANSAS: 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 RSF4, Residential Single Family, 4 Units Per Acre to RMF-12, Residential Multi Family, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 11/5/2020 - Approved: Lioneld Page t Attest: ``��lttirrrrir�� R K _ s .rn Kara Paxton, City Clerk Treasures AYE��/<<E; �= NS Pk Printed on"I1aL1�i �jii/iliiili�� RZN-2020-000005 Mistretta RZN-2020-000005 EXHIBIT 'A' Close up view �yc SKELTON ST /. I G I r I j I t 2 I i RSF-4 Subject Property i � � � t j U) r w U W U Q Q / F O 2 / NI-IZ U to WHILLOCK-ST Ov- _7 NORTH Legend RSF-4 Hillside -Hilltop Overlay District RI-12 - - - Planning Area Feet RMFb 1-1 Heavy Commercial and Light Industrial L _ Fayetteville City Limits 0 75 150 300 450 600 C-2 j I Design Overlay District _ 1 inch = 200 feet Building Footprint RZN-2020-000005 EXHIBIT 'B' PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 1/4 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 114 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 630.00 feet to a found iron pin marking the POINT OF BEGINNING, thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South 02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49 minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 1/4 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 710.00 feet to a set rebar marking the POINT OF BEGINNING; thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North line, South 08 degrees, 49 minutes, 56 seconds East a distance of 194.58 feet, to a found iron pin, thence North 89 degrees, 49 minutes, 53 seconds West a distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26 feet to the POINT OF BEGINNING; containing 0.44 acres more or less. Washington County, AR I certify this instrument was filed on 11/30/2020 03AT09 PM and recorded in Real Estate File Number 2020-00043754 Kyle Sylvester - Circuit Clerk by < -� City of Fayetteville, Arkansas 113 West Mountain Street t`. \. Fayetteville, AR 72701 (479) 575-8323 i i Y, Text File File Number: 2020-0821 Agenda Date: 11/5/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.1 RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RMF-12, Residential Multi Family, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 11/0,2020 City of Fayetteville Staff Review Form 2020-0821 Legistar File ID 10/20/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 10/2/2020 CITY PLANNING (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. Account Number 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: Budget Impact: Fund Project Title Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Previous Ordinance or Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 20, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director FROM: Jonathan Curth, Development Review Manager DATE: October 2, 2020 CITY COUNCIL MEMO SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: The Planning Commission recommends approval of an ordinance to rezone the subject proeprty as descrbied and shown in the attached Exhibits 'A' and 'B'. Staff recommends denial of the request. BACKGROUND: The subject property includes approximately 0.80 acres on the north side of Whillock Street in South Fayetteville. Per the applicant, the building on the property has been used variously as a rectory and a school, but is now a two-family dwelling. The subject property and most others along Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying to the southeast corner of the subject property. In 2017, the property to the west where a church formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre. Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant stated at the September 28, 2020 Planning Commission meeting that he would like to develop the property with six duplexes. Public Comment: Staff has received public comment from two nearby property owners expressing concerns about the request. These primarily outlined the potential for additional traffic and parking to adversely impact Whillock, given the street's narrow width. One resident noted that City and other larger vehicles currently have to use private property to turn around due to the dead-end length of Whillock. Land Use Compatibility: In staffs opinion, the uses permitted within the RMF-12 zoning district are generally compatible with those between the subject property and School Avenue. However, the building form and intensity encouraged in the RMF-12 zoning district are incompatible with Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 the condition of Whillock Street and the residential uses to the east. Although this area may be ideal for future development in -line with long-range planning goals, this currently appears premature. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land Use Map but not the goals outlined in City Plan 2040. Although properties designated as City Neighborhood Area are intended to be developed with the widest range of residential and nonresidential uses, staff asserts that the current proposal for the subject property is in direct contravention with encouragement of appropriate infill. As indicated by the property's infill matrix score of 3, the property and wider neighborhood along Whillock has minimal access to the amenities and services that support infill and make it successfully contribute to an area. Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and connected neighborhood that offers the framework to positively support growth and density. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 3 for the subject property. The following elements of the matrix contribute to the score: • Future Land Use Map (City Neighborhood Area) • Near Water Main (Whillock) • Near Sewer Main (Whillock) Note: The City is currently under development review for a fire station on South School, approximately'/2 mile from the subject property. DISCUSSION: On September 14, 2020, the Planning Commission tabled the proposal and requested that staff provide additional information about the 2017 rezoning approved to the west, the adequacy of Whillock Street in terms of Fire Department access, a wider context of land uses in the area, and potential alternatives to the applicant's proposal. Staff provided this information for the September 28, 2020 Planning Commission meeting (see attached staff report). At the meeting, the Commissioners discussed varying issues, including the inconsistency of approving the rezoning to the west, but not on the subject property, the lack of turnaround for emergency services and other City vehicles, the inherent amenities presented by nearby employment and highway access, the Growth Concept Map of City Plan 2040 with its anticipated growth center to the northwest, and lastly, the balance of adequate infrastructure and desired land uses where zoning should be set for a desired outcome prior to public improvement. Ultimately, the Planning Commission forwarded the request to the City Council, recommending approval, by a vote of 7-2-0. Commissioner Belden made the motion to forward with Commissioner Hoffman providing the second. Commissioners Garlock and Paxton dissented. No public comment was heard at the meeting, although a resident that issued comment after staff report publication (attached) attempted to participate, but appeared to have technical issues. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report • Public Comment RZN-2020-000005 Mistretta RZN-2020-000005 EXHIBIT 'A' Close Up view SKELTON ST Al � I o 0 � G I I C-2 I I RSI -4 Subject Property 0 Lu U LU U Q / Q F O Q O / N 2 U / NI-12 WHILLOCK-ST O". NORTH Legend RSF-4 Hillside -Hilltop Overlay District RI-12 — — Planning Area Feet RMF-6 1-1 Heavy Commercial and Light Industrial Lcz _ r Fayetteville City Limits 0 75 150 300 450 600 I Design Overlay District _ 1 inch = 200 feet Building Footprint RZN-2020-000005 EXHIBIT 'B' PT NE NW 0.82 A. FURTHER DESCRIBED FROM 2012-27028 AS: A Part of the Northeast 114 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 630.00 feet to a found iron pin marking the POINT OF BEGINNING, thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds East a distance of 80.00 feet to a set rebar; thence leaving said North line, South 02 degrees, 58 minutes, 53 seconds East a distance of 192.26 feet to a set rebar; thence North 89 degrees,49 minutes, 53 seconds West a distance of 90.00 feet to a found iron pin; thence North a distance of191.78 feet to the POINT OF BEGINNING, containing 0.37 acres, more or less. AND A Part of the Northeast 114 of the Northwest 1/4 of Section 33, in Township 16 North, Range 30 West, in Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the Northwest corner of the NE 1/4 of the NW 1/4 of said Section 33; thence along the North line of said forty -acre tract, South 89 degrees, 58 minutes, 0 seconds East a distance of 710.00 feet to a set rebar marking the POINT OF BEGINNING, thence continuing along said North line, South 89 degrees, 58 minutes, 0 seconds, East a distance of 90.09 feet to a found 3/8 Inch rebar; thence leaving said North line, South 08 degrees, 49 minutes, 56 seconds East a distance of 194.58 feet, to a found iron pin; thence North 89 degrees, 49 minutes, 53 seconds West a distance of 109.97 feet to a set rebar; thence North 02 degrees, 58 minutes, 53 seconds West a distance of 192.26 feet to the POINT OF BEGINNING; containing 0.44 acres more or less. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager MEETING DATE: September 28, 2020 (Updated with Planning Commission Results) SUBJECT: RZN-2020-000005: Rezone (660 W. WHILLOCK ST./MISTRETTA, 717): Submitted by JOSEPH MISTRETTA for property located at 660 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.80 acres. The request is to rezone the properties to RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends denial of RZN-2020-000005. RECOMMENDED MOTION: "I move to deny RZN-2020-000005." SEPTEMBER 14, 2020 PLANNING COMMISSION MEETING: On September 14t'', the Planning Commission tabled the item pending additional information to guide their decision. The Commission requested the following: • Staff report for the adjacent property's 2017 rezoning, RZN 17-5997 (attached) Fire Marshal evaluation of Whillock Street: The Fire Marshal performed a site visit and measured the length of the street as approximately 1,350 feet and its width as 18 feet from edge -of -asphalt to edge -of -asphalt. Dead end roads in between 501 and 750 are required under fire code to provide a minimum 26-foot width and a 96-foot diameter turnaround, neither of which are present on Whillock. Dead ends in excess of 750 fee require these elements and special approval. Context: Whillock is a dead end street that has seen limited new construction since 1965. Buildings near School tend to be built near Whillock, while those further uphill, towards the dead end, are setback well away from the street. This neighborhood is separated from other residential uses by large undeveloped lots. The adjacent School Avenue is the location of numerous businesses, from manufacturing and vehicle sales to convenient stores and County facilities. School Avenue at is intersection with Whillock is a state highway. • Alternative Zoning Districts: Per the applicant's comments, their desire is to build two 2-family dwellings. Based on informal measurements and County parcel records, the two duplexes could be developed by -right under RI-12, RI-U, any RMF district, or any mixed -use zoning district that requires urban form. By conditional use, two 2-family dwellings are permitted in RSF-4, -7, -8, and -18. BACKGROUND: The subject property includes approximately 0.80 acres on the north side of Whillock Street in South Fayetteville. Per the applicant, the building on the property has been used variously as a rectory and a school, but is now a two-family dwelling. The subject property and most others along Whillock are significantly sloped, with Hilltop -Hillside Overlay District (HHOD) standards applying to the southwest corner of the subject property. In 2017, the property to the west where a church formerly functioned, was rezoned to RI-12, Residential Intermediate, 12 Units per Acre. 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 RSF-4, Residential Single-family, 4 Units per Acre South Undeveloped RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential RSF-4, Residential Single-family, 4 Units pff Acre West Former Church (Possibly Residential) RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single-family, 4 Units per Acre, to RMF-12, Residential Multi -family, 12 Units per Acre. The applicant has not indicated plans for the property. Public Comment: Staff has received public comment expressing concerns about the request (attached). These primarily outlined the potential for additional traffic and parking to adversely impact Whillock. INFRASTRUCTURE: Streets: The subject property has frontage to West Whillock Street, an unimproved Residential Link with no curb and gutter, sidewalks, or greenspace. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 6-inch water main is present along Whillock Street. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along Whillock Street. Drainage: While the property is not within a FEMA-designated floodplain nor is it the location of a protected stream, portions of the property are within the HHOD. Any additional improvements or requirements for drainage will be determined at the time of development. Fire: The property is protected by Station 6, located at 900 South Hollywood, which is about 3.2 miles away with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 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. In the future, a new fire station is proposed at 2260 South School Avenue. The subject property will be served by this location with an anticipated response time of 5.2 minutes. 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 varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a varying score between 3 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 3_5. The following elements of the matrix contribute to the score: • Future Land Use Map (City Neighborhood Area) • Near Water Main (Whillock) • Near Sewer Main (Whillock) Note: The City is currently evaluating fire station locations in South Fayetteville, including one location approximately 'h mile from the subject property which would likely result in a sub-4 minute response time. 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 Compatibility: In staff's opinion, the uses permitted within the RMF-12 zoning district are generallyt compatible with those between the subject property and School Avenue. However, the building form and intensity encouraged in the RMF-12 zoning district are incompatible with he condition of Whillock Street and the residential uses to the east. Although this area may be ideal for future development in -line with long-range planning goals, this currently appears premature. Land Use Plan Analysis: Staff finds the proposed rezoning to be consistent with the Future Land Use Map but not the goals outlined in City Plan 2040. Although properties designated as City Neighborhood Area are intended to be developed with the widest range of residential and nonresidential uses, staff asserts that the current proposal for the subject property is in direct contravention with encouragement of appropriate infill. As indicated by the property's infill matrix score of 3, the property and wider neighborhood along Whillock has minimal access to the amenities and services that support infill and make it successfully contribute to an area. Similarly, Whillock's dead-end status limits opportunities for creating a complete, compact, and connected neighborhood that offers the framework to positively support growth and density. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant's request letter describes the proposal as justified given the previous non-residential use of the property. Additionally, they cite the 2017 rezoning of the property to the west to RI-12 as reasoning for approval of their request. While staff finds that the Future Land Use Map provides some support for the rezoning, overriding concerns regarding land use, access to services and amenities, and existing infrastructure supersede this. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff does not find the applicant's proposal to represent a traffic danger, but development of the property under the RMF-12 zoning district, and under a development threshold that does not necessitate street improvements, may adversely affect the functioning of Whillock. Whillock is narrow, at less than 20-foot in width in several places, with no curb and gutter or sidewalk. 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-12 will lead to an increased density potential over the current RSF-4 zoning designation. However, there are existing and adequate water and sanitary sewer services to support development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District expressed concerns with the rezoning. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: Not applicable. The property is currently being used residentially, and denial of this request does not preclude continued use. Similarly, staff does not find the City Council's decision to rezone the adjacent former church to indicate the appropriateness of rezoning the subject property. RECOMMENDATION: Planning staff recommends denial of RZN-2020-00005. PLANNING COMMISSION ACTION: Required YES Date: September 28, 2020 O Tabled M Forwarded O Denied Motion: Belden, recommending approval (Second: Hoffman jVote: 5-2-0, Paxton and Garlock dissentin BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: c §161.07 — RSF-4, Residential Multi -family, 4 Units per Acre o §161.14 — RMF-12, Residential Multi -family, 12 Units per Acre • Staff Report, RZN 17-5997 (Moldenhauer) • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 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) Density. Single-family Two (2) family dwellings dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit 8,000 square feet 6,000 square feet 60 feet 70 feet 8,000 square feet 12,000 square feet 8,000 square feet 6,000 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height 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. Accessory ground mounted solar energy systems shall not be considered buildings. (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; Ord_ No 6245_, §2, 10-15- 19) 161.14 -District RMF-12, Residential Multi -Family -Twelve (12) Units Per Acre (A) Purpose. The RMF-12 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a moderate density that is appropriate to the area. (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 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 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density Units per acre 12 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 45 feet Two (2) family 45 feet Three (3) and more 80 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home park 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 4,500 square feet Two (2) family 6,000 square feet Three (3) or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet (E) Setback requirements. Side Side Single & Rear Rear Front Other Two (2) Other Single Uses Family Uses Family A build -to zone that is located between the front property line and a line 25 feet 8 feet 5 feet 20 feet 5 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. 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. (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, 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) IVA CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: City of Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Quin Thompson, Planner MEETING DATE: December -111 2017 UPDATE 12-15-2017 SUBJECT: RZN 17-5997: Rezone (690 W. WHILLOCK ST./MOLDENHAUER, 717): Submitted by TIM MOLDENHAUER for property at 690 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.54 acres. The request is to rezone the properties to RI-12, RESIDENTIAL INTERMEDIATE, 12 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 17-5997 to the City Council with a recommendation of approval, based on the findings herein. BACKGROUND: The property is located on the north side of Whillock Street, east of south School Street. The site contains a 1,889 square foot concrete block building constructed in the 1948. The building has been used as a church, and appears to have been constructed for that use. The property contains approximately 0.54 acres, and is zoned RSF-4, Residential Single-family. The property is surrounded by a variety of land uses including single-family, two-family, and undeveloped land. Surrounding land use and zoning is depicted on Table 1. Table 1 Surrounding Land Use and Zoning Direction from Site Land Use Zoning North Commercial/Single- family/Undeveloped RSF-4, Residential Single-Family/C2, Thorou hfar/e Commercial South Two-family Homes RSF-4, Residential Single -Family East Single-family Homes/ Two-family Homes RSF-4, Residential Single -Family West Single-family Homes RSF-4, Residential Single -Family DISCUSSION: Request: The property owner requests to rezone the property to RI-12, Residential Intermediate/12 units per acre. Public Comment: Staff has received no public comment. MManning ommission Mailing Address: De ember 11, 2017 113 W. Mountain Street www.fayettevllleA WItem 7 Fayetteville, AR 72701 17-5997 Moldenhauer Page 1 of 16 Streets: The subject parcel has access to West Whillock Street. Whillock Street is an unapproved two lane asphalt street with no sidewalk, no curb and gutter, and no storm drains. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. There is a 6-inch main along West Whillock Street. Sewer: Public sewer is available to the site. There is a 8-inch main along West Whillock Street. Drainage: No portion of this property is identified as FEMA regulated floodplains. No part of the parcel lies within the HHOD. There are no protected streams on this parcel. There are no hydric soils identified on this parcel. Any additional improvements or requirements for drainage will be determined at time of development. Fire: The Fire Department had no comment. Police: The Police Department had no comment. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates this site as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non-residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. City Neighborhood Guiding Policies: a. Protect adjoining properties from the potential adverse impacts associated with non- residential uses adjacent to and within residential areas with proper mitigation measures that address scale, massing, traffic, noise, appearance, lighting, drainage, and effects on property values. b. Provide non-residential uses that are accessible for the convenience of individuals living in residential districts and where compatibility with existing desirable development patterns occurs. c. Reduce the length and number of vehicle trips generated by residential development by enhancing the accessibility to these areas; encourage walkability as part of the street function. FINDINGS OF THE STAFF 1. A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: The proposal to rezone the property to the RI-12 zoning district will allow the property to be developed with moderate density residential uses that are consistent with City policies and goals for the neighborhood. Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 2 of 16 Land Use Compatibility: The proposed zoning is compatible with surrounding land uses, currently a variety of parcel sizes and shapes developed with a combination of single and two-family homes. The RI-12 zoning district would allow the subject property to be divided into two lots, on which 1,2,3, or 4 units could be constructed. The practical limit of units is considerably lower, however. The Property was developed as a church several decades ago. As such, the property is recognized as an area with an established use of greater intensity than the remainder of the surrounding neighborhood; the higher density zoning would be compatible with the character of the neighborhood. Land Use Plan Analysis: The proposal is consistent with the goals of the City Plan 2030 Future Land Use Map, which designates this property as City Neighborhood Area, which anticipates a wide variety of land uses, including dense residential development and commercial uses where appropriate. The proposed zoning allows development patterns that encourage traditional town forms intended to decrease vehicle trips and create walkable environments over time. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds the proposed rezoning from low density residential zoning to an intermediate density is justified. This is due in part because the property contains an institutional building that has been vacate for several years and is apparently not suited to single-family residential use. The proposal will create opportunity for appropriate infill development, the first goal of City Plan 2030. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The site has direct access to Whillock Street, a partially improved two lane, dead end street with low traffic volumes. The proposed zoning would allow uses likely to increase traffic in the area, but staff finds that development is unlikely to contribute to traffic danger and congestion at this location. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-12 will allow residential development at increased residential densities more than is currently allowed, however that development should not undesirably increase the load on public services. The Police and Fire Departments have expressed no objections to the proposal. 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: Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Comm ission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 3 of 16 a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Staff recommends forwarding RZN 17-5933 to the City Council with a recommendation for approval as proposed. RECOMMENDED MOTION: "I move to forward RZN 17-5997 to the City Council with a Planning Commission recommendation of approval." PLANNING COMMISSION ACTION: Required YES Date: December 11, 2017 O Tabled 71 Forwarded O Denied Motion: HOFFMAN, MOTION TO FORWARD AS RECOMMENDED BY STAFF. (Second: SCROGGIN ote: 7-0-0 CITY COUNCIL ACTION: Required YES Date: January 2, 2017 O Approved 71 Denied BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07, RSF-4, Residential Single-family/4 units per acre o §161.11, RI-12, Residential Intermediate 12 Units per acre • Fire Department Comments • Request Letter • Proposed Rezoning Exhibit • One Mile Map • Close Up Map • Current Land Use Map • Future Land Use Map Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 4 of 16 UDC SECTIONS 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 Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single- Two (2) family family dwellings dwellings Units per 4 or less 7 or less acre Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 5 of 16 (D) Bulk and Area Regulations. Single-family Two (2) dwellings family dwellings Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit 70 feet 80 feet 8,000 12,000 square feet square feet 8,000 6,000 square square feet feet 60 feet 70 feet 8,000 12,000 square feet square feet 8,000 6,000 square square feet feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 45 feet Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Comm ission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 6 of 16 161.11 - District RI-12, Residential Intermediate, Twelve (12) Units Per Acre (A) Purpose. The RI-12 Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a development potential between low density and medium density with less impact than medium density development, to encourage the development of areas with existing public facilities and to encourage the development of a greater variety of housing values. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two (2) family dwellings Unit Three (3) and four (4) family 10 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 Limited business 12a Unit 24 Home occupations Unit 36 Wireless communications facilities (C) Density. Units per acre 12 Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 7 of 16 (D) Bulk and Area Regulations. Single- Two (2) Three (3) family family family Lot width 50 feet 50 feet 90 feet minimum Lot area 5,000 7,260 10,890 minimum square square square feet feet feet. (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 8 feet 5 feet 20 feet 5 feet line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 30/45 feet 'A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right -of- way line shall have a maximum height of 30 feet. 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 45 feet. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965. App. A., Art. 5([[A): Ord. No. 3128, 10-1-85: Code 1991, § 160.032: 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: Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Developmen t Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 8 of 16 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 , § §4, 8, 9, 1-17-17) Height Regulations. Structures in this District are limited to a building height of 45 feet. Existing structures that exceed 45 feet in height shall be grandfathered in, and not considered nonconforming uses. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. (Code 1991, § 160.031; Ord. No. 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) Planning Commission December 11, 2017 G:\ETC\Development Services Review\2017\Development Review\17-5997 RZN 690 W. Whillock St. Agenda Item 7 (Moldenhauer) 717\03 Planning Commission\12-11-2017\Comments and Redlines 17-5997 Moldenhauer Page 9 of 16 CITY OF • � �Vl )017�. e ARKANSAS TO: Quin Thompson, Planner CC: Assistant Chief Harley Hunt, Fire Marshal Battalion Chief Brian Sloat, Deputy Fire Marshal FROM: Rodney Colson, Fire Protection Engineer DATE: December 6, 2017 SUBJECT: RZN 17-5997: Rezone (690 W. Whillock St./Moldenhauer, 717) ,,,rF-TEVgCIF FIRE DE11 F •.R N The Fire Department has no issues with the rezoning request. Fire access, water supply, and fire protection will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. FAYETTEVILLE FIRE MARSHAL'S OFFICE anning ommission December 11, 2017 833 N. Crossover Road www.fayett-. 11 Adbrida item 7 Fayetteville, AR 72701-2701 17-5997 Moldenhauer Page 10 of 16 VN = — - -h fix: - •'r'9Av "+4► .-Tr.:r �., Y .:�. •i,�F �- ft z ,� � _ y"yt>� 'y` - IN xiL Q 1rY'. CD t -541 lw— +� . �'t' -� , i " „ ,o i : v ..ice FJ►'`�' t j�.,�at 9 1 �i •'�' Lu � �! a - � �! .�• § .. ,,�; _gyp � yy r '�r� +' � LO / co mission r5�""n Gml 1, 2017 J M-:ice "* A a Item 7a n uer Page 11 of 16 October 24, 2017 Fayetteville Planning Commission To Whom It May Concern, Please accept this request to rezone 690 W Willock St, 765-15503-000. The current zoning is RSF-4 and the desired zoning is RI-12. Sincerel 1 Tim oldenhauer Moldenhauer Real Estate Inc 479-790-1683 Planning Commission December 11, 2017 Agenda Item 7 17-5997 Moldenhauer Page 12 of 16 Agenda Item 7 17-5997 Moldenhauer Page 13 of 16 RZN 17-5997 Close Up View Y%r rfffffff Legend Hillside -Hilltop Overlay District MOLDENHAUER RJI -4 Planning Area Feet L _� Fayetteville City Limits ----_0 75 150 300 450 600 I Design Overlay District 1 inch = 200 feet Building Footprint A& NORTH Planning Co mission DecemLffj 1, 2017 Agenda Item 7 17-5997 Moldenhauer Page 14 of 16 Agenda Item 7 17-5997 Moldenhauer Page 15 of 16 RZN17-5997 Future Land Use GREENWOOD ST `•.�MONTGOMERY ST i SUNRISE MOUNTAIN RD Legend Planning Area Fayetteville City Limits Trail (Proposed) Design Overlay District Building Footprint MOLDENHAUER I i i i HILLOCK ,ST )RROW DR Feet CHERRY ST SKELTON ST 0 145 290 580 870 1,160 1 inch = 400 feet NORTH FUTURE LAND USE 2030 Rural Area Residential Neighborhood Area City Neighborhood Area Industrial Planning Co mission December 1, 2017 Agenda Item 7 17-5997 Moldenhauer Page 16 of 16 RZN-2020-000005 Request Letter Compatibility Statement This lot has served as a home for non-residential activities in the past, including the site of a rectory, church parking, and a school, with the acceptance of the neighborhood. In fact, the adjacent lot to the west has been approved for a even more aggressive rezoning. This being RI-12. Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 9 of 15 Curth, Jonathan From: Moore, Tammy <Tammy.Moore@us.loomis.com> Sent: Tuesday, August 25, 2020 2:23 PM To: Curth, Jonathan Cc: jntmoore6l@aol.com Subject: RE: Rezoning 660 W Whillock st RZN-2020-000005 Public Comment CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize i the sender and know the content is safe. Good evening Mr. Curth, To start my name is Tammy Moore and my husband and I reside at 506 W Whillock St. Fayetteville, AR 72701. We have lived on Whillock 23yrs this August. We moved here because it was a place to start and raise our family. A place that was close enough to the city, yet secluded enough to still have that "out in the country" feel. I have a few concerns about the rezoning of the land at 660 Whillock. Traffic/parking: We already struggle to get out of our drives, because the road has been built up so much over years, having to stop for oncoming traffic while going up and down the road or dodge parked cars taking up an already narrow road in areas. It's a dead end street with little, to no, goods turn around areas. And the trash men on many occasions have issues even getting recycling on Thursdays. So I ask, how does this get fixed without major inconvenience to those of us that live at the dead end if someone decided to build multifamily spaces? Can the street handle the additional traffic? Street- Wouldn't the street have to be widen and/or repaired? What will that intel? Will those of us on the dead end with no other exit could we be impacted? Curbs, sidewalks and drainage- Our street has none of these. I'm not a contractor or developer, but wouldn't we have to have something if we are developing new construction on the street that will be adding additional homes/multifamily spaces? Hill Top- How would this effect the Hill Top Water area. I'm actually very confused about this one. I have been told we are in the Hill Top and then I have been told we aren't. We need better clarification on this. What about my land?- We own the 5.32 acres that meets his property. If they build how does my property get protect from additional erosion? What happens to my property value? What more will this cost me in the end to protect what is mine? If you have never been on our street take a trip one day. It is well established, and yes it is very quiet and we all have our own space. We aren't sitting on top of each other. More residents on our street, means more people, more people means more traffic and no more quite street. Thank you for your time. Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 10 of 15 Thank you, Mrs. Tammy Moore 506 W Whillock St Fayetteville , AR 72701 479-200-1262 Planning Commission September 14, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 11 of 15 Agenda Item 7 RZN 20-000005 Mistretta Page 12 of 15 Agenda Item 7 RZN 20-000005 Mistretta Page 13 of 15 RZN-2020-000005 Mistretta _ Current Land Use NORTH Undeveloped j. , • �,� �.IYF ye 41.} k 061 'e i s if Subject °^ Property Single -Family Residential w," HILLC , Single -Family Residential _; Planning Area Fayetteville City Limits i Design Overlay District Undeveloped Feet 0 35 70 140 210 280 1 inch = 100 feet Single -Family Residential ,- FEMA Flood Hazard Data 100-Year Floodplain ® Floodway Planning Co mission 4, 2020 Agenda Item 7 RZN 20-000005 Mistretta Page 14 of 15 Agenda Item 7 RZN 20-000005 Mistretta Page 15 of 15 Curth, Jonathan From: Planning Shared Sent: Thursday, September 24, 2020 5:22 PM To: Curth, Jonathan Subject: FW: Zoning change 660W. Whillock Willie Benson Planning Technician Planning Division City of Fayetteville, Arkansas 479-718-7625 -----Original Message ----- From: Russell <russellmc@cox.net> Sent: Wednesday, September 23, 2020 1:34 PM To: Planning Shared <planning@fayetteville-ar.gov> Subject: Zoning change 660W. Whillock CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Commissioners, My name is Russell Cable and I live at 701 W. Whillock St. I'm writing in response to the re -zoning of 660 W. Whillock to a RMF-12. Here are my 2 major concerns: 1. The street isn't sufficient to handle the extra traffic and emergency vehicles. It 's a dead end street with no turn around area at the end. It's not a cul-de-sac. The width along with no sidewalks and open deep ditches makes it difficult for turning around if needed. The recycling and sanitation trucks currently have to back up the majority of the length of the street for services. They use the "old" church drive way for that. 2. Sidewalks. There are no sidewalks on this street or where it joins S.School. This could also be an issue seeing that it's in the Greenland school district and within walking distance to the school. Russell Cable 1 DemocratizetteVW P. ?CX 16071AYET-EViLLE, AR 71iC2 • 479-i42.1%O. - FiY. 479•095-1118 • 'v .,1;.��4",'Ai)G. 1 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 6372 Was inserted in the Regular Edition on: November 8, 2020 Publication Charges: $83.60 Brittany 9mith Subscribed and sworn to before me This R day of MOV , 2020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. 7. GP M�c,9�0�aN �6, Ordinance: 6372 File Number. 2020-0821 RZN-2020-005 (660 W. WHILLOCK ST./MISTRETTA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-005 LOCATED AT 660 WEST WHILLOCK STREET FOR APPROXIMATELY 0.80 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12, RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to RMF-12, Residential Multi Family, 12 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 11 /5/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75345185 Nov 8, 2020