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Home My WebLink AboutOrdinance 6432113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6432 File Number: 2021-0304 I IIIIIII IIIIII III IIIIIIIIIIIIIIIIIIIIIIIII IIIII IIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 019926350004 Type: REL Kind: ORDINANCE Recorded: 06/04/2021 at Fe04:07:49 PM e Amt: $30.00 Pape 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00021344 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 5/18/2021 Page 1 Printed on 5119121 Ordinance: 6432 File Number: 2021-0304 Attest: ItFfff"r" Kara Paxton, City Clerk TreasLQer: 4y£7-1�etl AS 17i Q1v i C; Page 2 Printed on 5119121 RZN-2021-000036 Admiral East, LLC RZN-21-000036 Close Up view EXHIBIT W RSF-8 DICKSON ST Subject Property Proposed RSF-18 "SPRING ST Q 1u .J O W > Q P-1 - Trail (Proposed) Feet Hillside -Hilltop Overlay District 0 75 150 300 450 L _ Fayetteville City Limits - - Planning Area 1 inch = 200 feet RSF-4 .11 NORTH Zoning Acres RSF-18 0.6 Tota 1 0.6 RZN-2021-000036 EXHIBIT W Legal Description Lots 1, 2, and 3, in Block 5, Harrison's Addition to the City of Fayetteville, Arkansas, less and except 50 feet of equal and uniform width off the North side of said Lot 1 Washington County, AR I certify this instrument was filed on 06/04/2021 04:07:49 PM and recorded in Real Estate File Number 2021-00021344 Kyle Sylvester - Circuit Clerk y City of Fayetteville, Arkansas 113 West Mountain Street a"y Fayetteville, AR 72701 (479) 575-8323 i Text File File Number: 2021-0304 Agenda Date: 5/18/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: B 3 RZN 2021-036: (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 511912021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0304 Legistar File ID 5/4/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/16/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE./ADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE %PF ARKANSAS MEETING OF MAY 4, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 16, 2021 CITY COUNCIL MEMO SUBJECT: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. 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 near Mt. Sequoyah, east of downtown Fayetteville and is currently a through lot that has frontage on N. Fletcher Avenue to the west and N. Summit Avenue to the east. Containing 0.58 acres, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. County records indicate that the property has three duplexes on site, but the duplex addressed at 227 N. Summit Avenue was recently demolished. Request: The request is to rezone the property to RSF-18, Residential Single -Family, 18 Units per Acre. No development plans have been submitted by the applicant, though their letter of intent indicates a desire to develop 8 single-family homes on the site. Public Comment: Staff has received public comment on the item in opposition and in support of the request. Concerns included available infrastructure on Summit Avenue especially with regards to a lack of sidewalks and drainage concerns. Land Use Compatibility: The surrounding property is surrounded to the north, east, and south by single-family residential, though there is mixed -density residential to the west. Use of the property is currently non -conforming with two duplexes on -site; until recently there was a third, but that was demolished in early 2021. There is not a regular lot width pattern in the area, with lot widths ranging from approximately 50 feet to the immediate north, and 125 feet to the immediate south. To the west, lot widths range from approximately 55 feet to 105 feet. While N. Summit Avenue is underdeveloped in that there are not currently sidewalks or curb and gutter, N. Fletcher Avenue Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 does have an existing sidewalk and curb and gutter on the property's frontage. Though RSF-4 zoning surrounds the property to the north, east, and south, RMF-24 zoning largely governs the area to the immediate west heading towards downtown. Staff finds that a rezoning from RSF-4 to RSF-18 would allow for compatible uses, while acting as a transition from the RMF-24 zoning to the west, to the lower density single-family residential to the east. RSF-18 would also introduce smaller lot sizes to the area, which could provide for additional housing types and sizes, and bring more variety to the housing market in a neighborhood that is already largely diverse and varied. The property is facing topographical challenges, and its presence in the Hillside -Hilltop Overlay District will present additional engineering and urban forestry review. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has a moderate infill score of 5, which indicates that the area can likely support a moderate increase in single- family housing as would be provided by this request. 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (Fletcher Avenue and Summit Avenue) • Near Water Main (Fletcher Avenue and Summit Avenue) • Near Grocery Store (Ozark Natural Foods) • Near City Park (Mt. Sequoyah Gardens) DISCUSSION: At the April 12, 2021 Planning Commission meeting, a vote of 5-2-1 forwarded the request to the City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Belden seconded. Commissioners in support of the request agreed that the location was good for increased density, given the large area of RMF-24 zoning to the west and RSF-4 zoning to the north, east, and south. Further, those in support felt that additional development in the area would provide the opportunity for infrastructure improvements. Commissioners opposed to the request issued concerns about drainage and that Fletcher Avenue provided a natural division in the zoning districts already. Four members of the public spoke on the item, both in support and opposition to the request. Members of the public in support of the request agreed that additional density and infill were welcome to the area, but some had concerns about the condition of the current property. Members of the public in opposition were concerned about added traffic in the area and the lack of a sidewalk along Summit Avenue. BUDGET/STAFF IMPACT: N/A RZN-2021-000036 Admiral East, L LC RZN-21-000036 Close Up View EXHIBIT W DICKSON ST j-ZWKING ST Q w Z O - - - Trail (Proposed) Hillside -Hilltop Overlay District - r Fayetteville City Limits •-. ` - I Planning Area RSF-8 RSF-J Subject Property Proposed RSF-18 W Q Feet 0 75 150 300 450 600 1 inch = 200 feet MISSOURI _WAY �P O 2 Q O y�\r\E DR �� X ; NORTH Zoning Acres RSF-18 0.6 Total 0.6 RZN-2021-000036 EXHIBIT 'B' Legal Description Lots 1, 2, and 3, in Block 5, Harrison's Addition to the City of Fayetteville, Arkansas, less and except 50 feet of equal and uniform width off the North side of said Lot 1 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: April 12, 2021 Updated with PC hearing results from 4/12/2021 SUBJECT: RZN 2021-000036: Rezone (216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVEJADMIRAL EAST, LLC., 485): Submitted by MAX MAHLER for property located at 216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.58 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000036 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000036 to City Council with a recommendation of approval." BACKGROUND: The subject property is near Mt. Sequoyah, east of downtown Fayetteville and is currently a through lot that has frontage on N. Fletcher Avenue to the west and N. Summit Avenue to the east. Containing 0.58 acres, the property is currently zoned RSF-4, Residential Single -Family, 4 Units per Acre. County records indicate that the property has three duplexes on site, but the duplex addressed at 227 N. Summit Avenue was recently demolished. 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 per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre West Mixed -Density Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request. The request is to rezone the property to RSF-18, Residential Single -Family, 18 Units per Acre. No development plans have been submitted by the applicant, though their letter of intent indicates a desire to develop 8 single-family homes on the site. Public Comment: Staff has received public comment on the item in opposition to the request, with concerns about available infrastructure on Summit Avenue especially with regards to a lack of sidewalks and drainage concerns. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 1 of 16 INFRASTRUCTURE: Streets: The subject area has frontage along N. Summit Avenue. N. Summit Avenue is a partially improved Residential Link street with asphalt paving and open ditches. The subject area also has frontage along N. Fletcher Avenue, which is a fully improved Residential Link street with asphalt paving, curb and gutter and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal, as would any additional improvements or requirements for drainage. Water: Public water is available to the subject area. An existing 8-inch water main is present on the west side of N. Summit Avenue. There are two water mains along the east side N. Fletcher Avenue; an existing 10-inch water main as well as a 2.25- inch water main. Sewer: Sanitary Sewer is available to the subject area. There is an existing 8-inch sanitary sewer main in the center of N. Fletcher Avenue as well as an existing 8-inch sanitary sewer main is present on the east side of N. Summit Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. The subject property is completely within the Hillside -Hilltop Overlay District, but no portion of the subject area lies within a FEMA floodplain, nor are there any hydric soils on the property. There is not a protected stream in the subject area. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 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 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 highly 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 neighborhoods, 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 of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 2 of 16 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5 for this site, with a weighted score also of 5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (Fletcher Avenue and Summit Avenue) • Near Water Main (Fletcher Avenue and Summit Avenue) • Near Grocery Store (Ozark Natural Foods) • Near City Park (Mt. Sequoyah Gardens) 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 surrounded to the north, east, and south by single-family residential, though there is mixed - density residential to the west. The property itself currently has non- conforming uses, as it currently has two duplexes on site; until recently there was a third, but that was demolished in early 2021. There is not a regular lot width pattern in the area, with lot widths ranging from approximately 50 feet to the immediate north, and 125 feet to the immediate south. To the west, lot widths range from approximately 55 feet, to 105 feet, to 80 feet. Staff finds that while N. Summit Avenue is underdeveloped in that there are not currently sidewalks or curb and gutter, N. Fletcher Avenue does have an existing sidewalk, curb and gutter on the property's frontage. Though RSF-4 zoning surrounds the property to the north, east, and south, RMF-24 zoning largely governs the area to the immediate west heading towards downtown. Staff finds that a rezoning from RSF-4 to RSF-18 would allow for compatible uses, while acting as a transition from the RMF-24 zoning to the west, to the lower density single-family residential to the east. RSF-18 would also introduce smaller lot sizes to the area, which, while again, primarily limited to single-family, would provide for additional housing types and sizes, and bring more variety to the housing market in a neighborhood that is already largely diverse and varied. Staff also finds that the property is facing topographical challenges, and its presence in the Hillside -Hilltop Overlay District will present additional engineering and urban forestry review. 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 5, which indicates that the area can likely support a moderate increase in single-family housing as would be provided by this request. 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. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 3 of 16 Finding: A rezone from RSF-4 to RSF-18 can be justified at this area, given the compatibility of uses, and provision for a transition between RMF-24 zoning to the west, and lower density zoning to the east. The City's designation as a Residential Neighborhood Area also calls out for a variety of housing types and sizes, which a rezone from RSF-4 to RSF-18 would provide. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-18 at this site would increase traffic to the site given the added residences, and proportional street improvements would be required by the developer with any associated development. Given the density, lot size and area requirements associated with RSF-18, the likelihood is that approximately 8-9 additional homes could be built on the site, which brings the possibility of 18 additional vehicles. Off-street parking would need to be accommodated. Staff finds that given there are currently at least 4 active dwelling units on site and that there were previously 6, a safe assumption would be that this site has recently accommodated at least 12 vehicles on site. The additional traffic a potential redevelopment would bring could likely be accommodated. 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 RSF-18 would have the potential to increase population density in this area. That said, this incremental increase in zoning, with the available water and sewer to the site leads staff to find that the area can support the increase. 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-2021-000036 to City Council with a recommendation of approval. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 4 of 16 PLANNING COMMISSION ACTION: Required YES Date: April 12, 2021 O Tabled M Forwarded O Denied to City Council with a Motion: Canada recommendation of approval Second: Belden jVote: 5-2-1 (Wiederkehr and Garlock voted "no", Sharp recused). BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: • §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre §161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 5 of 16 161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Units per acre 4 or less (D) Bulk and Area Regulations. Single-family dwellings Lot minimum width 70 feet Lot area minimum 8,000 square feet Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Two (2) family dwellings 7 or less Two (2) family dwellings 80 feet 12,000 square feet 8,000 square feet 6,000 square feet 60 feet 70 feet 8,000 square feet 12,000 square feet 8,000 square feet 6,000 square feet Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 6 of 16 (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 April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 7 of 16 161.10 - District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Units per acre Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two (2) family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements Front Side Side -Zero Lot Line' Rear A build -to zone that A setback of less than five feet is located between 5 feet (zero lot line) is permitted on one the front property on interior side, provided a 5 line and a line 25 ft. both maintenance agreement is feet from the front sides filed". The remaining side property line. setback(s) shall be 10 feet. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 8 of 16 ' A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. "' At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 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 for two-family dwellings. (Ord. No. 5800 , §2(Exh. B), 10-6-15, Ord. No. 5824., §2, 11-17-15, 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 April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 9 of 16 4) A statement explaining the compatibility of this proposed rezoning with neighboring property and explaining why the proposed rezoning will not unreasonably adversely affect or conflict with surrounding land uses. It is our intent to build single family residences on the proposed property. The current property has 3 duplex housing 6 tenants. We plan to provide 8 single family residences. We believe this is consistent with the city's goals because it will provide additional infill homes in an area of town that is walkable to many of the city's amenities, trails, and down town area. Additionally we wanted to note the following highlights for several areas of potential concern. Traffic: This should not noticeably increase traffic as we are moving from the current non -conforming use of 6 tenants to 8 single family homes. Flora: We plan to maintain and protect trees on the property and irradicate the current invasive species of bamboo which has taken over much of the property. Surrounding Zoning: Properties on the West side of the lot is zoned RMF-24. We're requesting RSF 18, which would help create a gradient between high -density housing the low -density (RSF-4) on the East side. School: We reached out to the principal of Washington Elementary school which is the school zone it is currently in. She let us know that in 2020 they were operating at around 87% of capacity and have since only decreased in attendance thus increased availability Hill side overlay district: We plan to work with our architect and engineers to provide appropriate water mitigation techniques including bioswales to manage run off. The current water mitigation on the property is a trench dug out by the property owner after a culvert was run under the street on summit and dumped directly onto the center of our property in years past. When building, we will properly divert this water and spread the runoff with environmentally sound techniques which spread the burden of the run off across the property instead of its current singular runoff point which should be an upgrade for the neighbors and the entire district. We plan to keep setbacks close to the front properties' lines in accordance with the building code and overlay Hill side district overlay preference reducing the amount of impervious drive space as well as many other ecologically sound building practices. We plan to utilize the natural topography of the lot to develop terrain adaptive architecture. We have discussed with each of the below for their support and partnership for the future of our project and hope to be great partners for each. Jessie Masters (see attached) for our current zoning request. Melissa Evan, Josh Boccaccio, Bryan Wandstrat Thank you so much, Alex Mahler- 479-263-2539 Property owner and developer -Admiral East LLC Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 10 of 16 Masters, Jessica From: Bruce Wilkins <bwwilkins@sbcglobal.net> Sent: Friday, April 2, 2021 4:46 PM To: Masters, Jessica Subject: Re: RZN-2021-000036 - 227 N Summit Rezoning Request Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Jessie, Thank you for talking to me earlier this week regarding the rezoning request for Summit and Fletcher. I have looked over the property owner's statement and I have a couple of comments - 1) He says "current property has 3 duplex housing 6 tenants." This may have been the case at one time, but the one duplex that was on the Summit side has been torn completely down for a couple of months and before that was derelict and vacant for well over a year. 2) He says he plans to protect the trees on the property, but a number of mature trees have already been taken down. hope the city can look at past satellite photos to see what was there before. 3) He mentions properly diverting the water and spreading the runoff. I don't see how this is possible on the Summit side, without curbs and gutters on that street, it's going to be difficult to manage runoff. We have spent thousands attempting to divert the water around our house, but it has to go somewhere. I think we all know how the water runs off Mt. Sequoyah during and after a heavy rain. So, I think my main concern would be the Summit Avenue infrastructure. Without curbs, gutters, and sidewalks, the traffic and water runoff would seem to be a major issue. We have a number of children and older folks living on Summit that like to walk, and the only place to walk is in the street. I am, on the other hand, happy about the plan to eradicate the bamboo! Sincerely, Bruce Wilkins 230 N Summit Ave On Tuesday, March 30.. 2021, 05:18:26 PM CDT, Masters. Jessica <jmasters@fayetteville-ar.gov> wrote: Good afternoon, Thank you for calling the City of Fayetteville Planning Division. Please see attached for the letter of intent that was submitted by the applicant on the proposed item. The applicant is requesting to rezone the property from RSF-4. Residential Single -Family, 4 Units per Acre to RSF-18. Residential Single -Family, 18 Units per Acre. Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 11 of 16 The item is currently scheduled for the April 12 Planning Commission meeting at 5:30 PM. Meetings are being held virtually due to the ongoing health crisis. If you would like to participate, you can find information about how to do so at this link. Final information about this specific meeting will be finalized about 24 hours ahead of time, so it should be available around April 11. If you would like to issue public comment ahead of the meeting in writing. please have it submitted to me, City staff, by Wednesday.. April 7 to ensure that it is included in staffs report on the item. If received after, it will still be forwarded to the Planning Commission, but it may not be included in staffs report. Please let me know if you have any additional questions. Many thanks. Jessie Jessie Masters Development Review Manager City of Fayetteville, Arkansas (479) 575-8239 www.faVetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANS ARKANSAS Planning commission April 12, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 12 of 16 From: Rob Wells (mailto:robwells21032@gmail.com Sent: Saturday, April 10, 20219:43 PM To: Planning Shared <planning@fayetteville-ar.gov>; Rob Wells <robwells21032@gmail.com> Subject: Rezoning - Mahler - 227 Summit CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern: I am a neighbor and property owner at 135 N. Oklahoma Way and am concerned about the proposed Rezoning - Mahler - 227 Summit from 3 duplexes to 8 single family homes. I support reasonable development and appropriate infill, but 8 single family homes on a half -acre is completely out of character with this neighborhood. The commission should consider the quality of life in our neighborhood. This level density is not consistent with existing lot sizes and will diminish the character of our neighborhood. Thank you. Rob Wells 135 N Oklahoma Way Fayetteville, AR Masters, Jessica From: Nick Booth <nbooth479@gmail.com> Sent: Saturday, April 10, 2021 12:10 PM To: Masters, Jessica Subject: Fletcher and Summit Rezoning Follow Up Flag: Follow up Flag Status: Flagged CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Jessie, I didn't think I would be back to the planning commision so soon! I am emailing you this time in regards to the upcoming rezoning proposal on Summit/Fletcher submitted by Alex Mahler set to be heard Monday April 12th. Please pass any relevant information along to the commission if possible. I own the house across the street from these 3 current units, 225 Fletcher Ave. I am in favor of this rezoning and subsequent development, as it will be a great improvement to the area and fulfill Fayetteville's need for infill close to the city center. As someone who did major renovations on property nearby including water diversion, I can say that this property will benefit greatly if the existing structures are removed and water runoff improved. This area will support the higher density with close proximity to city resources, and new construction on similar units is ongoing throughout the area. Thanks for your consideration and help making Fayetteville great! Nick Booth nbooth479@gmail.com Masters, Jessica From: Michael Cawthon <cawthm@mac.com> Sent: Monday, April 12, 2021 10:39 AM To: Planning Shared Cc: Masters, Jessica; Canem Arkan Subject: RZN 2021-000036 (216 & 224 Fletcher and 227 Summit rezoning) CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City of Fayetteville Planning Commission: We are the owners of 194 and 222 Summit where we live with our two children and which we've owned beginning in 2005. We are writing in regard to the proposed rezoning of 227 Summit, 224 Fletcher, and 216 Fletcher into eight single family units. In short, we are in favor of increased housing density and affordable development, including on our street; the properties in question are directly across from us. With that said, we hope that rezoning should not be the default policy for the city and that it should invite some collaborative scrutiny. In this specific case, we are concerned about the long history of the existing properties' condition including general neglect, extensive deferred maintenance, and abandoned derelict vehicles. Given that the existing owner would also be the owner/ developer for the proposal, we would therefore condition our support on the creation of a Bill of Assurances which would detail architectural plans, including drawings, of any proposed development. With this in hand, we would not unreasonably withhold our support, and in fact would work in good faith to attempt to secure our neighbors' support as necessary. In the absence thereof, however, we would be against any rezoning exception, as we would fear the precedent of problems would be exacerbated by density. We also have some tertiary questions about the lack of sidewalks on Summit and whether increased density would occasion any incremental sidewalk infrastructure on the street. Thank you for your time, Canem Arkan and Michael Cawthon cawthm@mac.com RZN-2021-000036 One Mile View w E Admiral East, LLC 0 0.125 0.25 ST E LAFAYETTE ST I RPZD I DICKSON ST,. W R-0 )�EEAD W STE CEN R ST .ITn1N E ROCK RN(F-6 Subject Property I iU) tarHST ., �► 4W i E 5TH ST NC RSF-8 r i i Neighborhood Link ------- Regional Link - High Activity __ Urban Center — — Shared -Use Paved Trail - - - Trail (Proposed) j Design Overlay District _ _I E r Fayetteville City Limits L -_- Planning Area -- - - = L_ Planning Area Fayetteville City Limits g 0.5 Miles NORTH - - -i- , --- -1 RESIDENTUL SINGLE-FANLY EXTN1CTI014 I�HSG M.. � R OONIERCNL � ni.,x rs.ome>x.on� ii 14q-L � G, Nt•Revanw,u�alwL t•cx RSF 5 �G l PORMBASED DISTRICTS RDEN ResIDENnu MULnsAMaT � �mm nMJSencec ,�Neam��,,,,®, w rnac r• �amn� r�.,.� f PNF-,i PLANNED ZDNING DISMIC♦5 NNE-1-2: EN R— NSTITGTIDNAI o. we Planning co nission 2, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 13 of 16 RZN-2021-000036 Close Up View DICKSON ST ' j-SPRING ST 1 law Q w O Admiral East, LLC m -1 n MI S_S_O_U R I Ittil -s Py� WAY �P O 2 Q J Y O DR CO Ittit-1 Subject Property J Proposed RSF-1 8 w Q Z t�- I �9 9\ NORTH - - - Trail (Proposed) Feet Hillside -Hilltop Overlay District - - 0 75 150 300 450 - Fayetteville City Limits - - 1 inch = 200 feet - Planning Area ME Zoning Acres RSF-18 0.6 Total 1 0.6 Planning corilmission n ...°' J2, 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 14 of 16 ission 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 15 of 16 RZN-2021-000036 Future Land Use Admiral East, LLC NORTH Zw J > '. Q JSUTTON ST CRESCENT -DR— Fy DOGWOOD /N Residential 699 Neighborhood DICKSON ST w a> w J O SPRING SY, w Q z J 3 :ADOW ST CENTER ST-- - Trail (Proposed) Fayetteville City Limits Planning Area 0 112.5 225 Subject Property RSF-18 w Q i Feet 450 675 1 inch = 300 feet y--MISSOURI WAY �P O J /SKYLINE DR\ Y 4W Civic Institutional 'TEXAS W N'4 moo LIGHTON-TRL- City Neighborhood Civic Institutional Civic and Private Open Space Industrial ® Natural Non -Municipal Government 900 Residential Neighborhood Rural Residential Urban Center DI.,,,,,i, ission 2021 Agenda Item 13 RZN-21-000036 Admiral East Page 16 of 16 Received 5/18/21 2:45 PM 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* Canem Arkan Address or Ward* Address ® Ward Locate Your Ward Number Ward* Ward 1 Phone Number 9172094902 Email canem.arkan@me.com Meeting Body* City Council Agenda Item B.3 Number/Subject Locate City Council Agenda Item Locate Planning Commission Agenda Item Position Opposed Comments I'm submitting the attached document for review and discussion. Attachments Clty Council Letter re Summit Rezoning.pdf 11.09MB 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. puhlic conuncnt at it Cit% (Ouncil mcetin, shall he allocaed liar all nu:mbcrS of the audicnce who have signcd up prior to the heginning of the azcnda item they wish to address being Openal lur puhlic comment. Speakers Shall he limited to a nrtximum Of tics (5) minutes to he broken into Segments ol'threc and two minutes. Amendments may receive puhlic c;onuncnts only ifapproved by the City (ouncil h; unanimous consent rn. majority vote. Ihpublic comment is allowed l6r an amendment. speakers ccill only he allowed to speak liar three 1 I minutes. The ('it\ ('ouncil may allow hoth 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. Dear City Council Members I want to address the Summit Ave rezoning on the agenda today 1) At the previous planning commission meeting, there was a suggestion of "NIMBY-ism". The implication is presumptuous and unfair. I grew up in NYC and I have nothing but respect for the necessity, practicality and beauty of density. However, with density comes responsibility. Summit has NO sidewalks, NO street signs, NO speed bumps, NO drainage solutions, NO bike path designation and one streetlight. There have been no city -planned improvements to our street (despite many city improvements all the way up to Fletcher and/or Lafayette — why is that?), and that has been manageable because it is a sleepy street with 8 or 9 parked cars, and even less that commute on it regularly. The rezoning will create a situation where the car traffic will DOUBLE on a very short, narrow street with no safety precautions for pedestrians and a blind spot going uphill. I believe in increasing the amount of affordable housing, and I am not opposed to doing it in my front yard, as long as it is done so safely. But RSF18 apparently allows for properties to be built up to the property line. The distance between their property line and where my kids fly paper airplanes on my property line is exactly 17 feet — the length of a pick-up truck. I haven't even mentioned the RAMPANT deer problem on our street and its relationship to car accidents and fatalities. This is a perfect storm of lack of city supported infrastructure and hasty (RSF 4 to RSF 18?) rezoning. Do we have to have a tragedy on our block before we stop rezoning underdeveloped streets? 2) The intention of the developer should matter. Normally, I would be excited about development on these lots; how could I not be, given the state of that property for the past 8 years (see the pictures below). However, and I say this as a reflection of his actions and not a judgment of Mr. Mahler as a person, he has not been a good landlord or had the best interest of this neighborhood in mind. And now, the council wants us to contend with Mr. Mahler as a landlord or agent on 10 separate units? Several years ago, one of Mr. Mahler's renters sported a swastika tattoo — clearly rental income trumps hate speech. We witnessed hastily laid tarps and dug trenches to address ceiling leaks and flooding, not thoughtful long-term improvements. My understanding is that there was previous major construction attempts on the house without the proper approvals (which the city should have a record of), and very visibly there are no trees left on the majority of the property that were there before. Shortcuts at every turn. Perhaps you, as City Council, cannot take into account my anecdotes on how Mr. Mahler treated the neighborhood, but I have to imagine your own record on this topic matters? Linked is a previous city council filing noting that a different property Mr. Mahler had owned was deemed "dilapidated, unsightly, and detrimental to public welfare." Does the council know how many properties Mr. Mahler has developed? How well run are they? Given how poorly the aforementioned properties were managed, why assume he would manage more properties better? Are we rezoning simply for the sake of "rezoning" to sound progressive, or do we actually want sustainable, well-built, affordable housing? Would you want Mr. Mahler to develop properties next to your house? Would you want him as a landlord across your street? I appreciate the difficult job you face in addressing a real challenge in Fayetteville — a housing crisis. In good faith, if there is a sincere desire on Mr. Mahler's part to create well -designed, aesthetically complimentary housing that addresses major drainage issues, and which will not endanger our safety as pedestrians, I will support him. To that end, this is not meant to be a complaint letter, but to present you with some concrete requests: PROPOSALS: 1) City Council should commit resources to provide for the safety of the residents of Summit Ave, including but not limited to sidewalks, drainage, addressing the deer problem, streetlights. 2) A reputable, seasoned architect should be tied to Mr. Mahler's project with drawings and plans resubmitted for council approval — in short, strict oversight. 3) The rezoning approval should be reduced from RSF18 to RSF 8 (which is what the Fletcher project was approved for, with Fletcher already having sidewalks, streetlights and new bike paths coming in). Thank you in advance, Canem Arkan, 222 N Summit Ave 4� a t .' 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 6432 Was inserted in the Regular Edition on: May 23, 2021 Publication Charges: $88.16 Brittany Smith Subscribed and sworn to before me This 14 day of Pal , 2021. W� Notary Public My Commission Expires: Z `� **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:6432 File Number: 2021-0304 RZN 2021-036:(216 & 224 N. FLETCHER AVE. AND 227 N. SUMMIT AVE./ADMIRAL EAST, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-036 LOCATED AT 216 AND 224 NORTH FLETCHER AVENUE AND 227 NORTH SUMMIT AVENUE FOR APPROXIMATELY 0.58 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER (ACRE TO RSF-18, RESIDENTIAL SINGLE FAMILY, IS UNITS PER 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 RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. !PASSED and APPROVED on S/ 1 &2021 Approved: Lioneid Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75420959 May 23, 2021