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HomeMy WebLinkAboutOrdinance 6375113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6375 File Number: 2020-0896 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II Doc ID: 019575280004 Type: REL Kind: ORDINANCE Recorded: 11/30/2020 at 03:46:43 PM Fee Amt: $30.00 Paqe i of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File202O-00043753 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL 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 I-1, Heavy Commercial & Light Industrial 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 11/5/2020 Page 1 Printed on 1116120 Ordinance: 6375 File Number 2020-0896 Attest: R K Kara Paxton. City Clerk Treasurer EVQ�:'_ Page 2 Printed on 1116120 RZN-2020-000012 Hoist -Powell EXHIBIT'A' RZN-2020-000012 Close Up View v w > I RI-U Q >_ � - eMo W NDG RBI F-24 I :J Q W > I � M QJ E R-0 —, I O W C9 I I 1 I P-1 L I I RSF-J I I STONE ST W SOUTH ST RSF-7 t U1 -- Q � W t RMF 411 t - Subject Property a I t t � I v - L- w ___ - PRAIRIE ST e W z W ' C-Z W X. Q z W 0 MSC > O W ' NORTH Legend RSF-4 RSF-7 Planning Area RW RMF-24 _ RMF-40 ' Fayetteville City Limits 1-1 Heavy Commercial and Light Industrial Feet Residential -Office Trail (Proposed) rrC-2 j. Design Overlay District 0 75 150 300 450 Main treet Center 600 Downtown General 1 inch = 200 feet Neighborhood Conservation Building Footprint EXHIBIT `B' RZN-2020-000012 DESCRIPTION OF PROPERTY FROM DEED 2004-00026403, TO PATRICIA POWELL, PARCEL # 765-12964-000, COMBINED WITH PROPERTY FROM DEED 2018-00011281, TO STEPHEN MERRILL HOLST AND WILMA BURNETTA HINTERTHUER, PARCEL # 765- 12972-000, INTO ONE LEGAL DESCRIPTION, TO WIT; A PART OF THE SE V4 OF THE SW V4, OF SECTION 16, T16N, R30W, 5'h PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER THEREOF, THENCE ALONG THE EAST LINE THEREOF, SOUTH 50 FEET, TO THE POINT OF BEGINNING, THENCE ALONG SAID EAST LINE, SOUTH 121 FEET, THENCE LEAVING SAID EAST LINE, WEST 132 FEET, THENCE NORTH 121 FEET, THENCE EAST 132 FEET TO THE POINT OF BEGINNING, CONTAINING 15,972 SQUARE FEET, OR 0.367 ACRE. Washington County, AR I certify this instrument was filed on 11/30/2020 03A6A3 PM and recorded in Real Estate File Number 2020-00043753 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street ' Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0896 Agenda Date: 11/5/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C 4 RZN 2020-012 (226 & 300 S. GREGG AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226 & 300 SOUTH GREGG AVENUE FOR APPROXIMATELY 0.37 ACRES FROM I-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL 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 I-1, Heavy Commercial & Light Industrial 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 111612020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0896 Legistar File ID 11/5/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/16/2020 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, 522): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties 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: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE IARKANSAS MEETING OF NOVEMBER 5, 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: October 16, 2020 CITY COUNCIL MEMO SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST-POWELL, 522): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties 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 properties are located near downtown Fayetteville along S. Gregg Avenue. The request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue, with a single-family home that was constructed in 1936, and the other with a 4-plex constructed in 1916. The properties have been zoned industrially since at least the 1970s, and the current zoning district is 1-1, Heavy Commercial & Light Industrial. Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue intends to make an addition to the existing single-family dwelling. No development plans have been submitted for 300 S. Gregg Avenue. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: This neighborhood along S. Gregg Avenue is primarily residential in nature, but has a mix of residential zoning districts, ranging from RSF-4, Residential Single - Family, 4 Units Per Acre, to RMF-40, Residential Multifamily, 40 Units per Acre, to R-O, Residential Office. Staff finds that these two historically residential properties, zoned 1-1, are a residual island of a legacy zoning district that no longer aligns with the current surrounding land uses; the by -right allowances of uses allowed in 1-1 at this location would be out of scale and compatibility with existing infrastructure and neighboring residential properties. The permitted Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 uses in the RI-U zoning district offer a diversity of housing types, which aligns with the current neighborhood conditions and the uses currently operating on the site. The requested district also offers compatible bulk, area, and height requirements. Finally, the requested zoning district would bring these properties into zoning compliance and eliminate their non -conforming status. Land Use Plan Analysis: Staff finds 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. This area is designated as a City Neighborhood Area, which encourages a wide variety of uses, and a variety of housing types. The infill score for this neighborhood is high, so encouraging a zoning district that has no stated density maximum is ideal for this neighborhood in the long run. Further, RI-U and its associated build -to -zone will encourage any future construction at the street in an urban form and away from the sensitive stream corridor to the southeast. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use (City Neighborhood Area) • Near Grocery Store (Walmart Neighborhood Market) • Near ORT Bus Stop (Route 20) • Near Park (Frisco Park/Fay Jones Woods) • Near Public School (Fayetteville High School) • Near Razorback Bus Stop • Near Sewer Main (S. Gregg Avenue) • Near Paved Trail (Razorback Greenway) • Near U of A Campus • Near Water Main (S. Gregg. Avenue) • Adequate Fire Response (Station 1, located at 303 W. Center Street) DISCUSSION: At the October 12, 2020 Planning Commission meeting, commissioners unanimously voted to forward the subject item to City Council for approval with a vote of 9-0-0, with a motion from Commissioner Hoffman and Commissioner Belden seconding. Commissioner Hoffman commented that RI-U in existing neighborhoods has brought good outcomes but felt there is a risk for undesirable urban conditions that the commission should rectify before it becomes an issue. No public comment was heard on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000012 Hoist -Powell EXHIBIT'A' Close Up View RZN-2020-000012 w a F- N ir W Z M LIU RSF 4 R N1 F-24 W Vic, 1 1 i I r� i r r I + + •— r i+ i i + I P-1 I 1 I + + 1 i t t t t t t t Subject Property RSF-7 IN L• W--SOUTH S a> w 3 Q H LU Z W Z Q aW W MSC > I I NORTH Legend ' Planning Area Fayetteville City Limits L � Trail (Proposed) Feet j — Design Overlay District 0 75 150 300 450 Building Footprint 1 inch = 200 feet RSF-4 RSF-7 RI-L1 RMF-24 1♦ RMF-40 1-1 Heavy Commercial and Light industrial Residential -Office C-2 i♦ Main Street Center 600 Downtown General Neighborhood Conservation P-1 EXHIBITS' RZN-2020-000012 DESCRIPTION OF PROPERTY FROM DEED 2004-00026403, TO PATRICIA POWELL. PARCEL # 765-12964-000. COMBINED WITH PROPERTY FROM DEED 2018-00011281, TO STEPHEN MERRILL HOLST AND WILMA BURNETTA HINTERTHUER. PARCEL # 765- 12972-000. INTO ONE LEGAL DESCRIPTION, TO WIT. A PART OF THE SE V4 OF THE SW V4, OF SECTION 16, T16N, R30W, 5", PRINCIPAL MERIDIAN, CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER THEREOF, THENCE ALONG THE EAST LINE THEREOF, SOUTH 50 FEET, TO THE POINT OF BEGINNING. THENCE ALONG SAID EAST LINE. SOUTH 121 FEET, THENCE LEAVING SAID EAST LINE, WEST 132 FEET, THENCE NORTH 121 FEET, THENCE EAST 132 FEET TO THE POINT OF BEGINNING, CONTAINING 15,972 SQUARE FEET, OR 0.367 ACRE. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: October 12, 2020 Updated with PC hearing results from 10/12/2020 SUBJECT: RZN 2020-000012: Rezone (226 & 300 S. GREGG AVE./HOLST- POWELL, 522): Submitted by MAYA DAMET-POWELL for properties located at 226 & 300 S. GREGG AVE. The properties are zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL and contain 2 parcels with approximately 0.37 acres total. The request is to rezone the properties to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN 2020-000012 to City Council with a recommendation for approval. RECOMMENDED MOTION: "I move to forward RZN 2020-000012 to City Council with a recommendation for approval." BACKGROUND: The subject properties are located near downtown Fayetteville along S. Gregg Avenue. The request contains two adjacent properties; 226 S Gregg Avenue and 300 S. Gregg Avenue. 226 S. Gregg Avenue contains one single-family home that County records indicate was constructed in 1936, and 300 S. Gregg Avenue contains a 4-plex that County records indicate was constructed in 1916. The properties have been zoned industrially since at least the 1970s, and the current zoning district is 1-1, Heavy Commercial & Light Industrial. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surroundinn Land LIcP and 7nninn Direction Land Use Zoning North Single -Family Residential RSF-7, Residential Single -Family, 7 Units perAcre South Undeveloped/Single-Family Residential R-O, Residential -Office East Undeveloped DG, Downtown General West Multi -family Residential RMF-40, Residential Multi -Family, 40 Units per Acre Request: The request is to rezone the two properties from 1-1, Heavy Commercial & Light Industrial to RI-U, Residential Intermediate — Urban. The applicant at 226 S. Gregg Avenue intends to make an addition to the existing single-family dwelling. No development plans have been submitted for 300 S. Gregg Avenue. Public Comment: Staff has not received any public comment on this item. Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 1 of 14 INFRASTRUCTURE: Streets: The subject area has frontage along S. Gregg Avenue, which is an unimproved Urban Center street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 6-inch water main is present in the center of S. Gregg Avenue. Sewer: Sanitary sewer is available to the subject area. An existing 10-inch sanitary sewer main is present in the center of S. Gregg Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. Hydric soils appear to be present on the west side of the subject area. The property does not lie within a FEMA floodplain, but Tanglewood Branch, a protected stream, in present in the southeast portion of 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 1, located at 303 W. Center Street., protects the site. The property is located approximately 0.6 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 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site, with a weighted score of 17 at the highest level. The following elements of the matrix contribute to the score: • Sufficient Intersection Density • Appropriate Land Use (City Neighborhood Area) • Near Grocery Store (Walmart Neighborhood Market) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 2 of 14 • Near ORT Bus Stop (Route 20) • Near Park (Frisco Park/Fay Jones Woods) • Near Public School (Fayetteville High School) • Near Razorback Bus Stop • Near Sewer Main (S. Gregg Avenue) • Near Paved Trail (Razorback Greenway) • Near U of A Campus • Near Water Main (S. Gregg. Avenue) • Adequate Fire Response (Station 1, located at 303 W. Center Street) 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: This neighborhood along S. Gregg Avenue is primarily residential in nature, but has a wide mix of residential zoning districts, ranging from RSF-4, Residential Single -Family, 4 Units Per Acre, to RMF-40, Residential Multifamily, 40 Units per Acre, to R-O, Residential Office. Staff finds that these two historically residential properties, currently zoned 1-1, are a small, residual island of a legacy zoning district that no longer aligns with the current surrounding land uses; the by -right allowances of uses allowed in 1-1 at this location would be out of scale and compatibility with existing infrastructure and neighboring residential properties. Staff is supporting the request to rezone the properties to bring consistency to the neighborhood, and supports the request for the RI-U, Residential Intermediate — Urban zoning district. The permitted uses in the RI-U zoning district offer a diversity of housing types, which aligns with the current neighborhood conditions and the uses currently operating on the site in question. The requested district also offers compatible bulk, area, and height requirements. Finally, the requested zoning district would bring these properties into zoning compliance and eliminate their non -conforming status. 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. This area is designated as a City Neighborhood Area, which encourages a wide variety of uses, and a variety of housing types. The infill score for this neighborhood is also high, so encouraging a zoning district that has no stated density maximum is ideal for this neighborhood in the long run. Further, RI-U and its associated build - to -zone will encourage any future construction at the street in an urban form and away from the sensitive stream corridor to the southeast. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezone from 1-1 to RI-U is consistent with long-term land use plans, and brings the site into agreement with City Plan 2040 as a City Neighborhood area, therefore making this request justified from the City's Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 3 of 14 perspective. The 1-1 zoning no longer aligns with the current surrounding context, nor the long-term land use plans for the area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RW does have the potential to increase traffic to the street by allowing residential uses by -right. However, given the acreage on site, and that one property is currently a 4-plex and the other is a single- family dwelling, staff does not find that the by -right use allowances in RW would increase traffic danger to an unsafe condition 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 1-1 to RW would have the potential to increase the population density, since 1-1 does not currently allow residential uses at all. That said, the properties are already residential in nature, and any increase in population density would likely be absorbed by the existing infrastructure. 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-2020-000012 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: October 12, 2020 (Motion: Hoffman (Second: Belden Vote: 9-0-0 O Tabled 0 Forwarded O Denied Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 4 of 14 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.30 - District 1-1, Heavy Commercial And Light Industrial o §161.12 - District RI-U, Residential Intermediate - Urban Request letter • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Hoist -Powell Page 5 of 14 161.30 - District 1-1, Heavy Commercial And Light Industrial (A) Purpose. The Heavy Commercial District is designed primarily to accommodate certain commercial and light industrial uses which are compatible with one another but are inappropriate in other commercial or industrial districts. The Light Industrial District is designed to group together a wide range of industrial uses, which do not produce objectionable environmental influences in their operation and appearance. The regulations of this district are intended to provide a degree of compatibility between uses permitted in this district and those in nearby residential districts. (8) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 6 Agriculture Unit 13 Eating places Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive through restaurants Unit 21 Warehousing and wholesale Unit 22 Manufacturing Unit 25 Offices, studios and related services Unit 27 Wholesale bulk petroleum storage facilities with underground storage tanks Unit 42 Clean technologies (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front, when adjoining A or R districts 50 feet Front, when adjoining C, I, or P districts 25 feet Side, when adjoining A or R districts 50 feet Side, when adjoining C, I, or P districts 10 feet Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 6 of 14 Rear 25 feet (F) Height Regulations. There shall be no maximum height limits in 1-1 District, provided, however, that 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 boundary line of an adjacent residential 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. None. (Code 1965, App. A., Art. 5(VIII); Ord. No. 2351, 6-2-77, Ord. No. 2430, 3-21-78; Ord. No. 2516, 4-3-79, Ord. No. 1747, 6-29-70; Code 1991, §160.039; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99, Ord. No. 4992, 3- 06-07, Ord. No. 5028, 6-19-07, Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10, Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10, Ord. No. 5472, 12-20-11, Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5945, §§5, 7, 1-17-17, Ord. No. 5982 , §1, 6-20-17, Ord. No. 6015 , §1(Exh. A), 11-21-17) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 7 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. 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 12a Limited business 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 (E) Setback Requirements. Front Side Other Side Single & Rear Other Rear, from centerline Uses Two (2) Family Uses of an alley A build -to zone that is located between the front property, line and a None 5 feet 5 feet 12 feet line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories' Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Hoist -Powell 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. 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) Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Holst-Powell Page 9 of 14 Dear Planning Commission, I, along with my neighbor Steve Holst, am writing to request that the properties 226 South Gregg Ave and 300 South Gregg Ave be rezoned from an industrial district (I-1) to a residential (RI-U). Both of these properties are residential in function. There are no current or future industrial uses/purposes for these properties, and it appears the current zoning district is outdated and no longer complies with long-term land use plans for the area. City Plan 2040 identifies the location as a city neighborhood area, making it's rezoning all the more appropriate. City Neighborhood Areas encourage dense residential development, which the requested zoning district allows for. It came to our attention that the properties were zoned as industrial when I, Patricia Powell, submitted a building permit to add an addition to my home (226 South Gregg Ave). The permit was automatically denied due to its non -conforming use status and I was informed of our current zoning. We request RI-U zoning to bring our non- conforming structures into compliance so that further improvements to the properties can be made, to align with future land use plans for the area, and to bring compatibility to the surrounding neighborhood. Please accept this application for rezoning. Sincerely, Patricia Powell and Steve Holst Planning Commission October 12, 2020 Agenda Item 5 RZN 20-000012 Hoist -Powell Page 10 of 14 Agenda Item 5 RZN 20-000012 Holst-Powell Page 11 of 14 RZN-2020-000012 Close Up View STONE Legend ' Planning Area L � ' Fayetteville City Limits L Trail (Proposed) I _ Design Overlay District Building Footprint Hoist -Powell f I Q 1 Ir RNIU-24 > I tt M .j E � z w w > z Q ir 0 LLJ > w 0 Ob UE S t) 11 Feet 0 75 150 300 450 600 1 inch = 200 feet 1-0 W—SOUTH akd� A& NORTH RSF-4 RSF-7 RI-U RMF-24 RMF-4O 1-1 Heavy Commercial and Light Industrial Residential -Office C-2 Main Street Center Downtown General Neighborhood Conservation P-1 Planning Co mission 2, 2020 Agenda Item 5 RZN 20-000012 Hoist -Powell Page 12 of 14 RZN-2020-000012 Future Land Use ----j=—PUTMAN ST STONE 3T N City MARTIN LUTHER KING JR BLVD I Non -Municipal Government Legend I _ _: Planning Area i — —, t. — —1 Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) L _� Design Overlay District Building Footprint Hoist -Powell M NORTH MOUNTAIN ST-mmm TO ROCK ST Civi w Institution. Q g Civic and LU Private > I' jOpen Space � F i LU I� t SOUTH ST IFI �1 v W � J Subject Property i Al ,ST W t�7 7 a W � Q Feet 0 112.5 225 450 675 900 1 inch = 300 feet VD City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential I♦ Urban Center Planning J2,2020 mission Agenda Item 5 RZN 20-000012 Holst-Powell Page 14 of 14 NORTHWEST u K u`SAS Ordinance:6375 ;, .. File Number: 2020-0896 I)ernocrat `r Onette RZN 2020-012(226&300 S.GREGG 'T AVE./HOLST-POWELL): AN ORDINANCE TO REZONE THAT _ _ _ Rcx iee,7 ;A�'ETT[V _ILLc, 1R '2/02•^4i(,,.44?-110C PAY ,1 79-;i4s-IITS• w ,,v;`b'1ADi;C;)m PROPERTY DESCRIBED IN REZONING PETITION RZN 20-012 LOCATED AT 226&300 SOUTH GREGG AVENUE FOR APPROXIMATELY AFFIDAVIT OF PUBLICATION 0.37 ACRES FROM I-1,HEAVY COMMERCIAL&LIGHT INDUSTRIAL TO RI-U, I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the URRSBID�NTIAL INTERMEDIATE- Northwest Arkansas Democrat-Gazette,a daily newspaper printed and BE IT ORDAINED BY THE CITY publishedCOUNCI in said County, State of that I was so related to this FAYETTE ILF THE RKACITY S F Arkansas; FAYETTEVILLE,ARKANSAS: publication at and during the publication of the annexed legal advertisement Section 1: That the City Council of the the matter of: Notice pendingin the Court, in said County, and at the dates of City Fayetteville,Arkansas hereby Y changes the zone classification of the the several publications of said advertisement stated below,and that during said property shown on the map(Exhibit A) periods and at said dates, said newspaper wasprinted and had a bona fide andt sae legal todesthe n(Exhibit B) both attached to the Planning circulation in said County; that said newspaper had been regularly printed and Department's Agenda Memo from I-I, published in said County, and had a bona fide circulation therein for the period of Heavy Commercial&Light Industrial to ty, RI-U,Residential Intermediate-Urban. one month before the date of the first publication of said advertisement;and that Section 2: That the City Council of the said advertisement waspublished in the regular dailyissues of said newspaper City of Fayetteville,Arkansas hereby guamends the official zoning map of the as stated below. City of Fayetteville to reflect the zoning change provided in Section I. SSED City of Fayetteville 11/5/20 Oand APPROVED on Ord 6375 Approved: Lioneld Jordan,Mayor Attest: Kara Paxton,City Clerk Treasurer Was inserted in the Regular Edition on: 75345189 Nov 8,2020 November 8,2020 Publication Charges: $82.08 S & Brittany Smith Subscribed and sworn to before me Gts This ci dayof ,, II 2020. ��N '2" s N� �GA�M \S9\OU ry 2%,202 Notary Public �8,I Z� '. My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent.