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HomeMy WebLinkAboutOrdinance 6428113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6428 File Number: 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): Ki Doc 'DpRDI9877210003 Type: R ►►I►►IIIII►►I Recorded: NCE Fee Amt: 05/11/2021 at 10:58:59 AM $st Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk F�1e202 1-000 1 762 1 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 4/20/2021 Approv Attest: ��'011111111rfr� RK Ii, v' •� FAYE7-rEVILLE :A Lion an, ayor Kara Paxton, City Clerk Treasit�'. y,Q Page 1 Printed on 41140 RZN-2021-000033 A&B Enterprises p RZN-2021-000033 Close Up View I I EXHIBIT 'A' lull -24 RSI -N RSF-4 i I Proposed RI-U W Q < IZI-1? Proposed RI U Z t -, SS -I. J :NS-G Subject Property J Q R-O W V HUNTSVILLE RD cI W Q } W 1-z LEE ST NORTH Zoning Acres RMF-18 1.0 - Regional Link - High Activity Feet - - - Trail (Proposed) I - - ' 0 75 150 300 450 600 _ _, Fayetteville City Limits ` _ : Planning Area 1 inch = 200 feet Total 1.0 EXHIBIT 'B' RZN-2021-000033 Parcel: 765-15206-000 - 0.33 Acres A part of the NE % of the NW % of Section 23, in Township 16 North, of Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 150 feet South of the NE corner of said forty -acre tract, and running, thence West 120 feet; thence South 120 feet; thence East 120 feet; thence North 120 feet to the point of beginning. Parcel: 765-15209-000 - 0.69 Acres Part of the NE Y. of the NW % of section 23, Township 16 North, Range 30 West of the Fifth Principal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the NE corner of said NE of the NW %; thence West 120.00 feet to the point of the beginning; thence South 270.00 feet; thence East 120.00 feet; thence South 10.00 feet; thence West 223.00 feet; thence North 280.00 feet; thence East 103.00 feet to the point of beginning, containing 0.69 acres, more or less. Subject to easements and rights - of -way of record, if any. Washington County, AR I certify this instrument was filed on 05/11 /2021 10:58:59 AM and recorded in Real Estate File Number 2021-00017621 Kyle Sylvester - Circuit Clerk by ��� City of Fayetteville Arkansas 113 West Mountain Street i Fayetteville, AR 72701 l (479) 575-8323 i\ ?' Text File File Number: 2021-0216 Agenda Date: 4/20/2D21 Version: 1 Status: Passed In Control: City Council Meeting File —ype: Ordinance Agenda Number: B.2 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PE—ITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attazied to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 412112021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0216 Legistar File ID 4/6/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/19/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC., 565): Submitted by MICHAEL ANDREWS for property located at 797 W. CHERRY LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 Resolition # Approval Date: v2o1So321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 6, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 19, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, INC., 565): Submitted by MICHAEL ANDREWS for property located at 797 W. CHERRY LN.. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E. Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing 1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No development plans have been submitted by the applicant. Public Comment: Staff has received public comment on the item in support of the request, with concerns regarding the quality of S. Cherry Lane and any associated street improvements. Staff also received comment in opposition to the rezoning, both during the Planning Commission meeting and following the meeting. Land Use Compatibility: The surrounding property is characterized by single-family residential, though a mix of zoning districts currently govern the surrounding area, including RMF-24, Residential Multi -Family, 24 Units per Acre, and RI-12, Residential Intermediate, 12 Units per Acre. Staff finds that the current street infrastructure along S. Cherry Lane is narrow and lacks sidewalks, but required street improvements would be assessed at the time of a specific development proposal. A request to rezone the property to RI-U, Residential Intermediate — Urban, allows for an increase in density for additional housing on the site that would be classified as "missing middle." This would include duplexes and 3-4 family dwellings which would be compatible with single-family dwellings. The requested zoning designation would not permit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 apartment builcirgs with 5 units or more that may be out of scale given tl-e property's location away from Cherry Lane's intersection with E. Huntsville Road. Staff finds teat the RI-U zoning district and the minimum lot width of 18 feet would allow for infill development at this site, and would help maximize the use of the land since there is greater land area behind the street's frontage. Given the mix of zoning districts in the area, staff finds that FI-U would also work as a transition for S. Cherry Lane from the RMF-24 zoning that is directly tc the west of the property, should that lanc ever redevelop. Staff also finds that the site is within walking distance to available services at Huntsville and Crossover, and within walking distance to transit ines. Land Use Plan Analysis- Staff finds that the request is consistent with adop_ed land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The prooerty has a moderate infill score of 6, which indicates that the area can likely support additional hog sing, but a rezoning to a multi -family district may be too much too soon for the area. The req.aest also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by orov ding a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. CITY PLAN 204C INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contrit:ute to the score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Cherry Lane) • Near Water Main (S. Cherry Lane) • Near Public School (Happy Hollow Elementary School) • Near City Park (Mt. Sequoyah Woods) • Near OR— Bus Stop (Route 20) DISCUSSION: At the March 8, 2021 Planning Commission meeting, a vote of 7-0-0 forwarced the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Brown seconded. Commissioners agreed that the uses perm tted in RI-U allowed for a moderate ircrease in density that was compatible for the surrounding neighborhood, given its location between a Tier 2 center and a Tier 3 center. A member of the p.abl c spoke in opposition to the request citiig concerns about the rear of her property being develcpec, and concerns about the streets and lack of sidewalks in the neighborhood. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report RZN-2021-000033 A&B Enterprises ,Jose Up View RMF-24 RSF-8 RSF-4 i RZN-2021-000033 EXHIBIT 'A' I RI-U w a } Q RI-12 Q' Proposed _ RI-U z VS-L , .J Fj. w Subject Property z Y J NS G V ` p Y R-0 Y w 2 C) _ HUNTSVILLE RD C-t w Q r w LEE ST - Regional Link - High Activity Feet - - - Tail Proposed) _ _i Fayetteville City Limas 0 75 150 300 450 600 `�: aniingArea 1 inch = 200 feet AML NORTH Zoninq Acres RMF-18 1.0 Total 1.0 EXHIBIT'B' RZN-2021-000033 Parcel: 765-15206-000 - 0.33 Acres A part of the NE % of the NW % of Section 23, in Township 16 North, of Range 30 West, Washington County, Arkansas, described as follows: Beginning at a point which is 150 feet South of the NE corner of said forty -acre tract, and running, thence West 120 feet; thence South 120 feet; thence East 120 feet; thence North 120 feet to the point of beginning. Parcel: 765-15209-000 - 0.69 Acres Part of the NE %4 of the NW % of section 23, Township 16 North, Range 30 West of the Fifth Princ'pal Meridian, Washington County, Arkansas, being more particularly described as follows, to -wit: Commencing at the NE corner of said NE of the NW %; thence West 120.00 feet to the point of the begin -ling; thence Scuth 270.00 feet; thence East 120.00 feet; thence South 10.00 feet; thence West 223.00 feet; thence North 280.00 feet; thence East 103.00 feet to the point of beginning, containing 0.69 acres, more or less. Subject to easements and rights - of -way of record, if any. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: March 8, 2021 paated with PC hearing results from 3/8/2021 SUBJECT: RZN 2021-000033: Rezone (797 S. CHERRY LN./A&B ENTERPRISES, 565): Submitted by MICHAEL ANDREWS for property located at 797 S. CHERRY LN. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.02 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000033 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000033 to City Council with a recommendation of approval." BACKGROUND: The subject property, addressed at 797 S. Cherry Lane, is in South Fayetteville, just north of E. Huntsville Road, and consists of two parcels, 765-15206-000 and 765-15209-000. Containing 1.02 acres and one single-family dwelling, which county records indicate was built in 1936, the property is currently zoned RSF-4, Residential Single -Family, 4 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 Single -Family Residential RSF-4, Residential Single -Family, 4 Units perAcre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units perAcre East Mixed -Density Residential RI-12, Residential Intermediate, 12 Units per Acre West Single -Family Residential RMF-24, Residential Multi -Family. 24 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate — Urban. No development plans have been submitted by the applicant. Public Comment: Staff has received public comment on the item in support of the request, with concerns regarding the quality of S. Cherry Lane and any associated street improvements. INFRASTRUCTURE: Streets: The subject area has frontage along S. Cherry Lane. S. Cherry Lane is a minimally improved Residential Link Street with asphalt paving and open ditches. Any street Planning Commission March 8. 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 1 of 15 imorovements required in these areas would be determ ned at the time of development proposal as well as any additional improvements or requirements for drainage. Water: Public water is available to the subject area. An existing 6-inch water main is present o i the west side of S. Cherry Lane. Sewer: Sanitary sewer is available to the subject area. An existing E-inch sanitary sewer main is present on the east side of S. Cherry Lane. Drainage: Any additional improvements or requirements for drainage w II be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District, and no hydric soils appear to be present on the property. The property does not lie within a FEMA floodplain, nor is there a protected stream in the 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 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately .4 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out tine. Within the City Limits, the Fayetteville Fire Department -1as 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 requast CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Lard Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages higl-ly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding reighborhoods, such as retail and offices, on corners anc along connecting corridors. This designation recognizes existing conventional subdivision deve.opments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, wi_h a weighted score of 7. The following elements of the matrix contribute tc :he score: • Adequate Fire Response (Station 3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Cherry Lane) • Near Wale- Main (S. Cherry Lane) • Near Public School (Happy Hollow Elementary School) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-0000:33 A&B Ent. Page 2 of 15 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 surrounding property is characterized by single-family residential, though a mix of zoning districts currently govern the surrounding area, including RMF-24, Residential Multi -Family, 24 Units per Acre, and RI-12, Residential Intermediate, 12 Units per Acre. Staff finds that the current street infrastructure along S. Cherry Lane is underdeveloped, but required street improvements would be assessed at the time of a specific development proposal. A request to rezone the property to RI-U, Residential Intermediate — Urban, allows for an increase in density that would allow for additional housing on the site that would be classified as "missing middle," including duplexes, and 3-4 family dwellings which would be compatible with single-family dwellings, but would not permit larger apartment buildings with 5 units or more that may be out of scale given the property's location away from Cherry Lane's intersection with E. Huntsville Road. Staff finds that the RI-U zoning district and the minimum lot width of 18 feet would allow for infill development at this site, and would help maximize the use of the land since there is greater land area behind the street's frontage. Given the mix of zoning districts in the area, staff finds that RI-U would also work as a transition for S. Cherry Lane from the RMF-24 zoning that is directly to the west of the property, should that land ever redevelop. Staff also finds that the site is within walking distance to available services at Huntsville and Crossover, and within walking distance to transit lines. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, or goals of City Plan 2040. The property has a moderate infill score of 6, which indicates that the area can likely support additional housing, but a rezoning to a multi- family district may be too much too soon for the area. The request also meets goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone to a higher density than RSF-4 is justified at this area, given the proximity to available amenities and alignment with the City's goals 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 RI-U at this site would increase traffic to the site, and given the minimally improved quality of S. Cherry Lane, staff finds that street improvements would very likely be required by the developer with any Planning Commission March 8. 2021 Agenda Item 10 RZN-21-000033 A&B Ent Page 3 of 15 associated development. Staff does find that the site is within 1300 feet of the intersection with N. Crossover and E. Huntsville Roads, and that the site is also close to available transit, so availability for alternative transportation at the site somewhat alleviates these concerns. 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-U would certainly have the potential to increase population density in this area. That said, staff finds that this in--remental increase in zoning, with the available water and sewer to the site and proximity to a school leads staff to find that the area can support the increase. 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 10 w-iether the proposed zoning is _ustified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any cf the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justi=y the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDA—ION: Planning staff recommends forwarding RZN-2021-000033 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March B, 2021 O Tabled $1 Forwarded O Denied Motion: Canada with a recommendation of approval Second: Brawn 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.07 - District RSF-4, Residential Single -Family - FOU (4) Units Per Acre §161.12 - District RI-U, Residential Intermediate — Urban • Applicant Request Letter Planning Commission Ptarch 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 4 of 15 • Public Comrient • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commissior March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 5 of 15 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage :he development of low density detached dwellings in suitable environments, as well as to protect existing develcp-nent of these types. (B) Uses. (1) Permitted Uses. Jnit 1 City-wide uses by right Jnit 8 Single-family dwellings Jnit 41 Accessory dwellings J (2) Conditional Uses. Unit 2 i City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4Cultural and recreational facilities Unit 5 ;Government facilities Unit 9 Two-family dwellings Unit 12aLimited 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 14 or less 7 or less (D) Bulk and Area Regulations Single-family 'Two (2) family Idwellings :dwellings i Lot minimum width 170 feet 80 feet Lot area minimum ,8,000 square feet 12,000 square feet Land area per A000 square feet square feet cwelling unit l6,000 Hillside Overlay District Lot 60 feet 70 feet minimum width Hillside Overlay District Lot 8,000 square feet 12,000 square feet area minimum Land area per dwelling unit 8,000 square feet 6,000 square feet Planninc Commission March 8, 2021 Agenda Item 10 RZN-21-000)33 A&B Ent. Page 6 of 15 (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) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 7 of 15 161.12 - 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 dwel ings 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 wakab a urban living. (B) Uses. (1) PermitteJ 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 3I Public protection and utility facilities Unit 4 Cultu-aland recreational facilities Unit 5 Gove-nment facilities Unit 12a Limited business Unit 24 j 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. Side Side Single Front Other & Two (2) Uses Family A build -to zone that is located between the front property, line and None 5 feet a line 25 feet from the front property line. Rear Rear, from Other centerline of an Uses alley 5 feet 12 feet Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Fage8of15 (F) Building Height Regulations. Building height maximum 2 stories/3 stories' A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19) Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 9 of 15 A & B Enterprises, LLC 2914 N College Ave STE 1 & 2 • Fayetteville, AR 7270 • 479.530.3606 Michael Andrews, President Russell Brockman, Managing Member January 29, 2021 RE: 797 S Cherry Lane Rezoning Request Dear Fayetteville Planning and Development Service Divisions, We have purchased two parcels located at 797 S Cherry Lane with at total acreage 1.02 acres. We are simultaneously applying for a Lot Line Adjustment to combine these two parcels into one. This property faces east fronting on the west side of Cherry Lane. We are proposing the subject property be considered for rezoning RSF-4 .o RI-U. We believe this would be the highest and best use of this property, while taking into consideration that there are three RMF-24 properties contiguous to tl-e subject property, one RMF-24 parcel less that 50 feet to the Southeast across Cherry street from subject property, and less than 325 feet to the Northwest on the same boundary lint that the rear of our property touches a 1.4 acre RMF-24 parcel containing six dupjexes. There are also five RI-12 parcels due East, directly across the street from the subject property. Since we have adjoining parcels and properties in very close proximi.y, it does not appear that it would cause any adverse conditions to any neighbors. We believe that Cherry Lane easily support the increased vehicle trafie tl:at an RI-U density would bring. New development on this property would obviously require LSD or FZD approval, which would give adjoining property owners ample opportunity for input on how the property is ultimately developed. Sincerely, Michael Andrews Russell Brockman Planning Commission March 8, 2021 Agerda Item 10 RZN-21-000033 A&B Ent. Page 10 of 15 Masters, Jessica From: Jenny Harenza <jennyharenza@gmail.com> Sent: Friday, February 12, 2021 9:04 AM To: Masters, Jessica Subject: RZN-2021-000033 Follow Up Flag: Follow up Flag Status: Flagged CAUION: 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. Hello Jessie, My name is Jenny Harenza and I live at 691 S. Cherry Lane. We moved here recently from the rural outskirts of Washington County and are so excited to actually live in the city now, after commuting to spend so much of our time here the last four years. I noticed the rezoning proposal for 797 S. Cherry Ln. (RZN-2021-000033) and we believe this can be an improvement to our street. I believe in increasing density and up zoning where appropriate so more people like me can afford to live in Fayetteville. However, I was very surprised to read that Mr. Andrews felt that "Cherry Lane can easily support the increased vehicle traffic.." I have serious concerns about the increased traffic this would bring. At any point in the road, if there are two vehicles, one must pull off. Residents often use the parking lot or grass of 810 Cherry Lane to pull off and make room. Additionally, there are young children living all down this street, I see them running back and forth a lot and the road is so narrow that the lack of visibility is concerning. Lastly, If you look on the map, we are at the end of Cherry lane and we daily deal with drivers pulling into our private yard (not even using the gravel road) to turn around, killing our grass and unaware that our three year old is running around. It's not that we even blame the drivers as much because the road really is just too narrow to turn around. Although, we did have somebody drive around our entire house, no more than 6 feet from the house itself over Christmas (we blame him). Someone broke into our house last spring and we've had multiple things stolen from our garage, and while not directly related, the fact that an increased number of people are forced to trespass on our property due to the poor road just decreases our sense of security. I want to end with reiterating my support for an appropriately scaled up -zoning of 797 S. Cherry Ln., simply contingent on the very overdue task of widening Cherry Ln. first. Thank you so much for your time and for reading, and please share any thoughts you have on this. Have a great weekend, Jenny Harenza 817-307-2032 Planning Commission March 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 11 of 15 Acenda Item 10 RZN-21-000333 A&B Ent. Page 12 of 15 RZN-2021-000033 Close Up 'View C-1 - Regional _ink - High Activity - - - Trad (Proposed) 1 - - - -� Fayetteville City Limits - -� Plannng Area RSF-8 A&B Enterprises RMF-24 RI-U Proposed RI-U F_I-12 RSF-4 Z7z--= w Subject Property z \ S-G ,, U J 0 R-O w 01 HUNTSVILLE RD LEE ST Feet C 75 150 300 450 1 inch = 200 feet .�M w a rY w NORTH Zoninq Acres RCAF-18 1.0 Total 1.0 Planring mission B, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 13 of 15 Agerda Item 10 RZN-21-000033 A&B Ent. Page 14 of 15 RZN-2021-000033 Future Laad Use 5TH ST Civic -� Insti -.ttional Neightorhacd Link Regional _ n< -High Activity - - - Trail(:Ircposed) Fayetevill=_ City Limits Plann ng Area A&B Enterprises NORTH Re idential City ei hborhood Neighborhood Proposed RI-U L Proposed RI-U I Z J } Subject Property Of U HUNTSVILLE RD LEE•ST m X 70 n HELEN•ST Feet 0 112.5 225 450 675 900 1 inch = 300 feet Natural City Neighborhood I♦ Civ c Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential ® Urban Center Planning Co mission 8, 2021 Agenda Item 10 RZN-21-000033 A&B Ent. Page 15 of 15 Democr—dt a e ^ _ 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 6428 Was inserted in the Regular Edition on: May 2, 2021 Publication Charges: $79.04 &6ft_ ! '� Brittany mith Subscribed and sworn to before me This 3 day of ,L� , 2021. Notary Public My CommissionExpires: Z J241 **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy Wiles Benton COUNTY NOTARY PUBLIC — ARKANSAS My Commission Expires 02-20-2024 Commission No. 12397118 Ordinance: 6429 File Number: 2021-0216 RZN-2021-033 (797 S. CHERRY LN./A&B ENTERPRISES, INC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-033 LOCATED AT 797 WEST CHERRY LANE FOR APPROXIMATELY 1.02 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the properly 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 Acrc 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 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75410999 May 2, 2021