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Home My WebLink AboutOrdinance 6413 , 1 --f AYETI N ,;_ _`- 1111101IIIIIIIIIIIIIIIIIll1111IIIIIIIIIIIIIIIII01111ID: 019988950003 Ty IIIe IIIilllllllllllllllllll ", :, Kind: ORDINANCE P \' 4.Z,,,4" Recorded: 07/09/2021 at 03:41:53 PM Fee Amt: $25.00 Page 1 of 3 113 West Mountain Street Washington County, ARKyle Sylvester Circuit Clerk Fayetteville,AR72701 File202 1-00026150 (479)575-8323 Ordinance: 6413 File Number: 2021-0038 RZN 2020-025(318 S.COMBS AVE./LAMB DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-025 LOCATED AT 318 SOUTH COMBS AVENUE FOR APPROXIMATELY 0.20 ACRES FROM NC,NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal description(Exhibit B)both attached to the Planning Department's Agenda Memo from NC,Neighborhood Conservation to DG, Downtown General. 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 2/18/2021 Approv : Attest: `ilittrtr►rrr� .?,,A.G.GRTYT..9 :7().. A'`1p .. li(01/-CA af /1 : F,qy n :rm.: F EOLL • :X/= ioneld ord , Mayor Kara Paxton, City Clerk Tre Br„, E; ,,IP ON CO' Page 1 Printed on 7/8/21 RZN-2020-000025 Lamb Development RZN-2020-000025 Close Up View EXHIBIT 'A' 0 I P1 IN C R-() - N .� J Q Lai -J Q Q J - -", RMlt-24 °'. E i; / -r- /RSF-8 Y SOUTH ST yGti rs` RSF-ts QN�t • VIAL RD . jj L �� //' • _ P > \ �0 O Q # 0P\ Subject O' q< ID = Property or c ��v A <4)-0'9 3 P 4TI1 sr •Ip v� P OHO r ..----.- - - ' .. • .... i Nip i dip r _ NORTH RSF-4 RSF-8 Hillside-Hilltop Overlay District RSF-18 . - as RI-U II Planning Area !Fayetteville City Limits Feet RMF-24 L _ I Design Overlay District I Residential-Office "— 0 75 150 300 450 600 INN Downtown General Building Footprint 1 inch = 200 feet MONeighborhood Conservation mr Urban Center P-1 RZN-2020-000025 EXHIBIT 'B' LEGAL DESCRIPTION Lot 4, Block 4, Comb's Addition to the City of Fayetteville, Washington County, Arkansas, as per the plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of said County, being a subdivision of the Southwest Quarter (SW1/4) of Section 15, Township 16 North, Range 32 West of the Fifth Prime Meridian. 1Jal3 I!noi!3 -ialsenp(s a�f 09 L 9Z000-I Zoe Jagwn I alels3 wee/ N al!� uo Wd £S L u papdooaJ pue pelt' sem luawnils LZOZ/60/�0 Zlb ''chino .Lfl�fj!lJao uolBu!ySeM City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 'i Text File File Number: 2021-0038 Agenda Date: 2/16/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: 6.6 RZN 2020-025 (318 S. COMBS AVEJLAMB DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-025 LOCATED AT 318 SOUTH COMBS AVENUE FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to DG, Downtown General. 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 211812021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0038 Legistar File ID 2/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 1/15/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 20-000025: Rezone (318 S. COMBS AVE./LAMB DEVELOPMENT, 524): Submitted by RICHIE LAMB for property located at 318 S. COMBS AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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 ARKANSAS MEETING OF FEBRUARY 2, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff FROM: Jonathan Curth, Development Services Director DATE: January 15, 2021 CITY COUNCIL MEMO SUBJECT: RZN 20-000025: Rezone (318 S. COMBS AVE./LAMB DEVELOPMENT, 524): Submitted by RICHIE LAMB for property located at 318 S. COMBS AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL. 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 southeast of downtown, one lot south of Huntsville Road on the east side of Combs Avenue. As a through lot, the property also has access to Willow Avenue. Development on the property includes a 784-square foot, single-family dwelling that was built in 1915. Prior to 2008, the subject property and most others on the block and in the immediate vicinity were zoned RMF-24, Residential Multi -family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan, the property was rezoned as NC, Neighborhood Conservation. Request: The request is to rezone the subject property from NC to DG, Downtown General. Although specific development plans have not been offered, the applicant noted that approval of the request will afford an opportunity for appropriate infill. Public Comment: Staff has received public comment regarding the request. Two nearby residents contacted staff expressing opposition to the proposal, noting its potential to result in change to Combs Avenue, including its use as a pedestrian and bike route. The neighboring property owner to the west, Virginia Chase, wanted to ensure her name was noted in opposition. Additionally, a current occupant of the nonresidential building to the north also contacted staff, but only posed questions, with no statement of opposition or support. Land Use Compatibility: The proposed zoning is compatible with the surrounding and nearby mixture of residential and non-residential uses. As an urban district, DG will allow for the residential dwelling types and lot sizes that are commonly found in near proximity to Fayetteville's core along with the smaller scale nonresidential uses that can complement neighboring residential Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 uses, particularly when located near a main transportation route like Huntsville Road. With properties zoned DG to the north and west, and access to Hunstville Road immediately north of these, rezoning the subject property is an incremental extension of low- to mid -intensity land uses among a neighborhood in the urban core. Additionally, the size of the property, even when taken in to consideration with the adjacent DG-zoned property to the north, represents less than half of an acre, and limited potential for density and intensity, including the possibility of building heights in excess of the three stories currently permitted. Land Use Plan Analysis: Staff finds the proposed DG zoning to be generally consistent with the Future Land Use Map and its designation of the subject property as a Residential Neighborhood Area. While a similar request located mid -block without the potential to be developed in conjunction with land on a street intersection could pose issues, development of the property with the land to its north can create housing or services in the walkable urban core. In terms of Fayetteville's comprehensive plan, staff finds the proposal to agree with many of City Plan 2040's goals. This includes the encouragement of infill and revitalization, which can, in turn, discourage outward sprawl. Development under the DG zoning district on the subject property can also serve to promote livable transportation, where residents can utilize nearby transit routes, trails, or vehicle corridors to access a wealth of amenities and services. Lastly, with its form -based zoning elements DG maintains the NC zoning district's requirement for buildings to address the street, while also adding the potential to mix uses. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 for this site. The following elements of the matrix contribute to the score: • Master Plan Area • Near ORT Bus Stop (Route 20) • Near Razorback Bus Stop (Route 13) • Near Sewer Main (Combs) • Near Water Main (Combs) • Near Park (Jefferson Park, YRCC, Walker Park, Mount Sequoyah Gardens, & Square Gardens) • Near Trail (MLK) • High intersection density • Appropriate Fire Response (Station #1 at 900 S. Hollywood Avenue) DISCUSSION: At the January 11, 2021 Planning Commission meeting, Commissioners voted to forward the subject item to City Council, recommending approval, and with a vote of 6-2-0; Commissioner Brown made the motion and Commission Winston provided the second. Commissioners Paxton and Garlock voted 'no'. Although disagreeing with an assertion from the public that the proposal represents spot zoning, Commissioner Paxton cited a concern with the varying building height allowance between NC (three stories) and DG (five stories), and potential conflict in the future land use map. One resident spoke in opposition to the request, asserting that it is spot zoning and noting that the neighborhood's working class history and modest housing stock could be compromised by more intense development, increased noise, and a changing dynamic. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2020-000025 Lamb Development RZN-2020-000025 Close Up View EXHIBIT 'A' 0) R-0 w J J SOUTH ST- RSI -I8 Hillside -Hilltop Overlay District Planning Area L _ t Fayetteville City Limits I Design Overlay District Building Footprint Urban Center W 4TH ST Feet 0 75 150 300 450 1 inch = 200 feet RNI1 -24 RSF-8 /��/� WALKER Rp P� �9 t <Fy v''99 NI RSF-4 RSF-8 RSF-18 RI-U RMF-24 Residential -Office 600 M Downtown General Neighborhood Conservation P-1 RZN-2020-000025 EXHIBIT 'B' LEGAL DESCRIPTION Lot 4, Block 4, Comb's Addition to the City of Fayetteville, Washington County, Arkansas, as per the plat of said Addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of said County, being a subdivision of the Southwest Quarter (SWl/4) of Section 15, Township 16 North, Range 32 West of the Fifth Prime Meridian. CITY OF . FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager MEETING DATE: January 11, 2021 (Updated with Planning Commission Results) SUBJECT: RZN 20-000025: Rezone (318 S. COMBS AVE./LAMB DEVELOPMENT, 524): Submitted by RICHIE LAMB for property located at 318 S. COMBS AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to DG, DOWNTOWN GENERAL RECOMMENDATION: Staff recommends forwarding RZN-2020-000025 to the City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2020-000025 to the City Council with a recommendation of approval." BACKGROUND: The subject property is located southeast of downtown, one lot south of Huntsville Road on the east side of Combs Avenue. As a through lot, the property also has access to Willow Avenue. Development on the property includes a 784-square foot, single-family dwelling that was built in 1915. Prior to 2008, the subject property and most others on the block and in the immediate vicinity were zoned RMF-24, Residential Multi -family, 24 Units per Acre. With the adoption of the Walker Park Neighborhood Master Plan, the property was rezoned as NC, Neighborhood Conservation. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Non-residential DG, Downtown General South Single-family Residential NC, Neighborhood Conservation East Single-family Residential; NC, Neighborhood Conservation West Multi -family Residential DG, Downtown General Request: The request is to rezone the subject property from NC to DG, Downtown General. Although specific development plans have not been offered, the applicant noted that approval of the request will afford an opportunity for appropriate infill. Public Comment: Staff has received public comment regarding the request. Two nearby residents contacted staff expressing opposition to the proposal, noting its potential to result in change to Combs Avenue, including its use as a pedestrian and bike route. A current occupant of the nonresidential building to the north also contacted staff, but only posed questions, with no statement of opposition or support. Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb Deg INFRASTRUCTURE: Streets: The property has frontage along both Combs and Willow Avenues, two partially - improved Residential Link streets. Both are paved and include curb and gutter. Back -of -curb sidewalks are on one side of the street. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the site. A 4-inch water main runs along the Combs Avenue right-of-way. Sewer: Public sanitary sewer is available to the site. A pair of 12-inch sanitary sewer mains run along the Combs Avenue right-of-way. Drainage: No portion of the subject property lies within a FEMA designated 100-year floodplain, the Hillside -Hilltop Overlay District (HHOD), or a Streamside Protection Zone. Additionally, no hydric soils are present on property. Any additional improvements or requirements for drainage would be determined at the time of development. Fire: The Fire Department did not express any concerns with this request. The property will be protected by Station 1, located at 303 West Center Street with an anticipated response time of approximately 5.2 minutes. This is within the response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not express any concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property as Residential Neighborhood Area within the Walker Park Neighborhood Master Plan. Residential Neighborhood Areas are primarily residential in nature and support a variety of housing types of appropriate scale and context, including single family, multifamily and rowhouses. Residential Neighborhood Areas encourage highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhood, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features in the natural environment. The guiding principles of the Walker Park Neighborhood Master Plan include the balancing of uses and housing, connectivity and walkability, Jefferson Square as a Neighborhood Core, and Accessible Greenspace. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9 out of 12 for the subject property. Per the Planning Commission's Infill Matrix weighting, this represents a score of 12.5 out of 17. The following elements of the matrix contribute to the score: Within a Master Plan Area/Appropriate Land Use (Walker Park Neighborhood Master Plan) Near Trail (MLK Trail) Planning Commissi( January 11, 20: Agenda Item RZN 20-000025 (Lamb Deg • Near Park (Jefferson Park, YRCC, Walker Park, Mount Sequoyah Gardens, & Square Gardens) • Near Ozark Regional Transit Stop (Route 20) • Razorback Transit (Route 13) • Near Water Main (Combs) • Near Sewer Main (Combs) • Sufficient Intersection Density • Adequate FD Response Time (Station #1) 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: The proposed zoning is compatible with the surrounding and nearby mixture of residential and non-residential uses. As an urban district, DG will allow for the residential dwelling types and lot sizes that are commonly found in near proximity to Fayetteville's core along with the smaller scale nonresidential uses that can complement neighboring residential uses, particularly when located near a main transportation route like Huntsville Road. With properties zoned DG to the north and west, and access to Hunstville Road immediately north of these, rezoning the subject property is an incremental extension of low- to mid -intensity land uses among a neighborhood in the urban core. Additionally, the size of the property, even when taken in to consideration with the adjacent DG-zoned property to the north, represents less than half of an acre, and limited potential for density and intensity, including the possibility of building heights in excess of the three stories currently permitted. Land Use Plan Analysis: Staff finds the proposed DG zoning to be generally consistent with the Future Land Use Map and its designation of the subject property as a Residential Neighborhood Area. While a similar request located mid -block without the potential to be developed in conjunction with land on a street intersection could pose issues, development of the property with the land to its north can create housing or services in the walkable urban core. In terms of Fayetteville's comprehensive plan, staff finds the proposal to agree with many of City Plan 2040's goals. This includes the encouragement of infill and revitalization, which can, in turn, discourage outward sprawl. Development under the DG zoning district on the subject property can also serve to promote livable transportation, where residents can utilize nearby transit routes, trails, or vehicle corridors to access a wealth of amenities and services. Lastly, with its form -based zoning elements DG maintains the NC zoning district's requirement for buildings to address the street, while also adding the potential to mix uses. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: The applicant has requested the zoning change to have greater flexibility in developing the property. Staff finds the request justified as the proposed zoning district would beneficially facilitate contextually -sensitive residential and nonresidential development in the core of the City where services, Planning Commissic January 11, 20: Agenda Item RZN 20-000025 (Lamb DeN employment opportunities, and amenities are at their greatest concentration and need. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The applicant's request for DG may result in development that is greater in density and intensity than the existing NC zoning. Despite this, staff finds that access to two streets and close proximity to a third creates sufficient opportunity to utilize the area street system rather than funnel traffic on to one road. Further, the property's infill score highlights the site's access to a part of Fayetteville with a high intersection density, allowing traffic to disperse among a wide range of paths rather than concentrate it along a handful of connections. 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: Although greater density is possible under the proposed DG zoning district than is permitted under NC, the property's access to water, sewer, and adequate Fire Department coverage limit the potential for adverse impacts. As mentioned previously, the property's small size inherently limits its development potential to a degree that negative effects on services and infrastructure are not anticipated. Neither the Police Department nor the Fayetteville Public School District have made comment on the request. 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-2020-000025 to the City Council with a recommendation of approval. Planning Commissic January 11, 20: Agenda Item RZN 20-000025 (Lamb Dei PLANNING COMMISSION ACTION: Required YES Date: January 11, 2021 O Tabled M Forwarded O Denied Motion: Brown ISecond: Winston jVote: 6-2-0, Commissioners Paxton and Garlock voted 'no'. BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: c §161.28 — DG, Downtown General c §161.29 — NC. Neighborhood Conservation • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commissic January 11. 20: Agenda Item RZN 20-000025 (Lamb Deg 161.28 - Downtown General (A) Purpose. Downtown General is a flexible zone, and it is not limited to the concentrated mix of uses found in the Downtown Core or Main Street/Center. Downtown General includes properties in the neighborhood that are not categorized as identifiable centers, yet are more intense in use than Neighborhood Conservation. There is a mixture of single-family homes, rowhouses, apartments, and live/work units. Activities include a flexible and dynamic range of uses, from public open spaces to less intense residential development and businesses. For the purposes of Chapter 96: Noise Control, the Downtown General district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood shopping goods Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb De% (E) Setback Regulations. A build -to zone that is located between the front Front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center 12 feet line of an alley (F) Minimum Buildable Street Frontage. 50% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; 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. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11- 1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19) Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb Dei 161.29 - Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 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 9 Two (2) family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 12a Limited business" Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 40 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. A build -to zone that is located between the front Front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center 12 feet line of an alley (F) Building Height Regulations. Building Height Maximum 3 stories Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb DeN (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800, §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7-9, 1-17-17; Ord. No. 6615 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19) Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb Dei RZN-2020-000025 Request Letter LA�MB DEVELOPMENT + CONSULTING December 1, 2020 City of Fayetteville Planning Commission 113 W Mountain Street Fayetteville, AR 72701 Re: 318 S Combs Ave. - Rezone LAMB Development + Consulting, LLC hereby requests a rezoning at 318 S Combs Avenue from NC - Neighborhood Conservation into DG - Downtown General to allow for development of this and an adjacent parcel currently zoned DG. The property is located on the Huntsville Road Entryway with frontage along two residential link streets, S Willow Ave and S Combs Ave., making it the ideal location for this infill development project which will revitalize an underutilized site, and help to maintain this area as a vibrant, safe and inviting place to live and work The permitted uses in DG are generally compatible with the surrounding mixture of existing non-residential, multi -family and single-family residential uses, will increase the neighborhoods walkability and contribute to a sustainable development pattern. This is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. It would be impractical to use the land for any of the uses permitted under its existing zoning classification as this would deviate from traditional town form, encourage suburban sprawl and limit opportunities for attainable housing. Sincerely, w Richie Lamb 211 N BLOCK, SUITE 101, FAYETTEVILLE, AR 72702 479.790.7902 WWW.FAYETTEVILLELANDCOMPANY.COM Planning Commissic January 11, 20, Agenda Item RZN 20-000025 (Lamb De) Agenda Item RZN 20-000025 (Lamb Deg RZN-2020-000025 Close Up View rn R-0 T T SOUTH ST- RSF-18 Hillside -Hilltop Overlay District — Planning Area L — Fayetteville City Limits _ I Design Overlay District Building Footprint Urban Center Lamb Development P-1 Feet 0 75 150 300 450 1 inch = 200 feet R51� -8 R%IF-2a WALKER ?'D �P 0� '9 99 NI RSF-4 RSF-8 RSF-18 RW RMF-24 Residential -Office 600 M Downtown General Neighborhood Conservation P-1 Planning j missic 1, 20, Agenda Item RZN 20-000025 (Lamb Deg it RZN-2020-000025 Current Land use N 0 RTH 3 — j r Pv i; \ WALKEOh D Single -Family ,r Residential Commercial Subject, r Property \� r Single -Family ' G Residential / i• r Single -Family Residential . 14 ' •E 4, IS Planning Area -; Fayetteville City Limits Lamb Development Feet 0 25 50 100 150 200 1 inch = 80 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co missic 1, 20, Agenda Item RZN 20-000025 (Lamb DeN RZN-2020-000025 Future Land Use W Q M w `Urban J ;Center O W J J a SOUTH ST SOUTH ST ST 1 5TH ST - Civic Institutional Planning Area �— — —� Fayetteville City Limits Shared Use Paved Trail Design Overlay District Building Footprint Neighborhood Link — Urban Center Lamb Development z: 0; �w _z r a' �Q 3 ROCK-ST w I N _J W � J I Q Subject Property I/ N A Q O v Lu > 4TH,ST Q zz Residential 0 Neighborhood C7 _z 2 rn 3 MARTIN LUTHER KING JR BLvn Feet 0 112.5 225 450 675 900 1 inch = 300 feet NORTH Civic and Private Open Space Neighborhood a City Neighborhood Civic Institutional JI Civic and Private Open Space Industrial 10 Natural Non -Municipal Government Residential Neighborhood Rural Residential = Urban Center Planning 41, 20, Agenda Item RZN 20-000025 (Lamb Deg Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Address or Ward* Mary Ellen Worthy • Address Ward Locate Your Ward Number Address* 322 S Combs Ave Phone Number 479-409-7657 Email emmeworthy7@gmail.com Meeting Body* City Council and Planning Commission Agenda Item RZN 2020-000025 Number/Subject ! . -d - , , - _11:_: Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Attention: Ward 1 representatives Dear City of Fayetteville Council Members; I (and many of my neighbors) object to rezoning the property at 318 Combs 72701. It should remain zoned as Neighborhood Conservation. My residence of 30 years. 322 S Combs. is adjacent to the 318 property. Building a multilevel non residential (or only partial residential) facility next door will drastically alter my quality of life and the sanctity of the neighborhood. Many of my neighbors agree with me. This is a quiet residential neighborhood and it should remain as such. I implore you to oppose to rezone 318 Combs Ave Cordially, Mary E. Worthy Ward 1 Resident and Fayetteville Citizen Sent on behalf of Mary E. Worthy Resident of 322 S Combs Ave 72701 Attachments 66CDDF01-53C0-484B-9B77-395655732203.jpeg 3.07MB Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display 9 REZONING RZN 2020-000025 318 S. COMBS AVE RZN 20-000025: Rezone (318 S, COMBS AVEJLAMB DEVELOPMENT, 524): Submitted by RICHIE LAMB for property located at 3IS S. COALS AVE. The property is zoned NC -NEIGHBORHOOD CONSERVATION and contains approximately 0 20 acres The request is to re7ow the property to pG D0IVNTOWN GENERAL Planner: Jonathan Curth PUBLIC HEARING DATE TIME PLANNING Monday, COMMISSION January 11, 2021 5:30 P.M. ALL MEETINGS WILL BE HELD SIGN. TOATTEND VIRTUALLY OR TOGET UPDATES GO TOTHECITY OF FAYETTEVILLE WEBSITFJM VIRTUALLY AS OF THE PRINTING OF THIS �I1bb�Fartw my NPPearaad be heard at the Public hrari Aeo EETING AGEhD o& py of the pmpa" amendmeob j A other pertiaeNt dab is o 'ib VIDEO, a: VIRTUALMEETINGS. INtetPret—or TDD for hea'iot575-8267J, I25 Wee1 Moontoio Street, Fayntevilk, Ark..—. Altiate—W Peoad.v.aable forlmpMbe in We OR fCIt7 Pbaaloe r'otpatrcd arc Nv3i6ble for ali public meaiap.7t hoar Notice is �rtfn Nce iavitM to revietr the petitioro. rWNired. For further Inform w- or to request as interpreter, P—oa 575S750. F-IL Submit Public Comment This page is provided for efficient submission of public comment for City Council and Planning Commission meetings. All submissions must be directly related to a specific agenda item for the next meeting. Please ensure your comments conform to the Rules of Order and Procedure. RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Full Name* Virginia Chase Address or Ward* • Address Ward Locate Your Ward Number Address * 327 Combs Phone Number 479-442-4596 Email chasedollygirl@cox.net Meeting Body* City Council Agenda Item RZN 2020-000025 Number/Subject Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments Attention: Ward 1 representatives jcurth Dear City of Fayetteville Council Members. (and my neighbors) object to rezoning the property at 318 Combs 72701. It should remain zoned as Neighborhood Conservation. My residence of 50 years 327 S Combs.. across from the 318 property. Building a multilevel non residential (or only partial residential) facility will drastically alter my quality of life and the sanctity of the neighborhood. Many of my neighbors agree with me. This is a quiet residential neighborhood and it should remain as such. I implore you to oppose Rezoning 318 Combs, Cordially, Virginia Chase Ward 1 Resident and Fayetteville Citizen Sent on behalf of Virginia Chase Resident of 327 S Combs Ave 72701 Attachments Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by Resolution #170-20: Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience who have signed up prior to the beginning of the agenda item they wish to address being opened for public comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3) minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by unanimous consent or majority vote Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive comments and statements about motives or personalities. Any member of the public who violates these standards shall be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium. Enter the text you want this field to display RECENED Democrat Gazette i, ., !!l �.'.c.T T I''ILL7�71.;12 I.l.0•i1A y FnSvti.N`.'rii'.), liar 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 6413 Was inserted in the Regular Edition on: February 21, 2021 Publication Charges: $76.00 Brittany Smith Subscribed and sworn to before me This 92day of f.- ,�7 , 2021. Notary Public My Commission Expires: WL-1 **NOTE** Please do not pay from Affidavit. Invoice will be sent. CATHY WILES Arkansas - Benton County,;, Nota[y.Public- Comm#,1239711$. My Commission Expires -Feb 20; 2024 MAR 0 2 202i t ITy Ur CITY CITY CLEF$ Q�� Ordinance: 6413 File Number: 2021-0038 RZN 2020-025 (318 S. COMBS AVE./LAMB DEVELOPMENT): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 20-025 LOCATED AT 318 SOUTH COMBS AVENUE FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO DG, DOWNTOWN GENERAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation to DG, Downtown General. 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 I. PASSED and APPROVED on 2/18/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75384431 Fcb 21, 2021