The URL can be used to link to this page

Home My WebLink AboutOrdinance 6448 CFFPYEr-; 111111112111111111111111011 IIIII IIIII IIII IIII Doc ID: 019971000003 Type: REL Kind: ORDINANCE ) Recorded: 06/30/2021 at 09:36:53 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR 4K,Ns0 Kyle Sylvester Circuit Clerk 113 West Mountain Street File202 1-00024805 Fayetteville,AR 72701 (479)575-8323 Ordinance: 6448 File Number: 2021-0425 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC,NEIGHBORHOOD CONSERVATION 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 NC,Neighborhood Conservation 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 6/15/2021 Approv : Attest: ...„,,,‘.‘"„.-.n ,,,‘.‘G„ERK..TRf/,:5:. i .� y. • G1TY �9L%`/ t �� : FAYErEVILLE :2s3 ioneld n, Mayor Kara Paxton, City Clerk Treasure %��z ., Page 1 Printed on B/ld/M 4111 CO' "'1ii`N�� RZN-2021-000041 Espinoza EXHIBIT 'A' Close Up View RZN-2021-000041 41 a oQP y,.., RSF-8 4 3� `��l I LA ,,, '1 .,. I , in .. ..,, ...„. . . , ,,a.,.,,A, II .,�_4. S p .-..Xfii a ,.. FF • r au O "7L ,___ MARTIN LUTHER KING JR BLVD ,oe----- IL k1 I 1 a II Mil * Subject Property ` 1 P Y It171, s • :_j • R\IF 12 7TH ST in :,:,,,. ..,e,„ . . , I® a: _ kl .w NORTH RSF-8 =RI-U Neighborhood Link RMF-12 1 Planning Area im Feet m Downtown General I _ _ Neighborhood Conservation Fayetteville City Limits 0 55 110 220 330 440 Commercial,Industrial,Residential 1 inch = 150 feet ---• Shared-Use Paved Trail RZN-2021-000041 EXHIBIT 'B' PARCEL #765-12850-002 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE TRACT N86°22'51"W 139.00'; THENCE LEAVING SAID SOUTH LINE NO3°05'39"E 149.25' TO A FOUND 5/8" REBAR BEING THE TRUE POINT OF BEGINNING, THENCE N88°26'35"W 62.26' TO A FOUND 1/2" REBAR; THENCE NO2°59'36"E 133.99' TO A SET 5/8" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE S86°22'S1"E 62.50' TO A SET 5/8" REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE S03°06'10"W 131.75' TO THE POINT OF BEGINNING, CONTAINING 0.190 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD. Wasnington County, AR I certify this instrument was filed on 06/30/2021 09:36:53 AM and recorded in Real Estate File Number 2021-00024805 Kyle Sylvester- Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0425 Agenda Date: 6/15/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.2 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 611612021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0425 Legistar File ID 6/15/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 5/28/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: RZN-2021-000041: Rezone (431 E. MLK BLVD./ESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 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 Resolution # Approval Date: V20180321 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 15, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 28, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000041: Rezone (431 E. MILK BLVDJESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 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, parcel 765-12850-002, is in south Fayetteville on E. Martin Luther King Jr. Blvd, and is within the Walker Park Neighborhood. Containing approximately 0.20 acres, the property is currently developed with a single-family dwelling that county records indicate was built in 1910. Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban. The applicant has not submitted any specific development plans, though indicates an intent to develop townhomes. Public Comment: Staff received public comment from the adjacent property owner to the west in opposition to the request. The neighbor issued concerns regarding increased parking and a desire to see the neighborhood maintain single-family character. Land Use Compatibility: While the property is currently surrounded by single-family residential on the east and west, the area has a variety of lot sizes and building types, including mixed -density residential to the south and southwest of the property. The size of the lot in question is small, less than a'/4 acre, which does naturally limit the developability of the property. Permitted uses within the RI-U zoning district would be limited in size given other development requirements that would be needed, such as parking or potential tree preservation. This helps protect compatibility with surrounding single-family dwellings. Staff also finds that while the property to the north is largely single-family residential, the underlying zoning district which governs the area is DG, Downtown General, signaling an intent for more intense and urban uses and building forms in that area. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, goals of City Plan 2040, as well as with the Walker Park Neighborhood Plan. The property immediately across the street on E. MLK Blvd. is zoned DG, Downtown General, and the property to the south is zoned NC, Neighborhood Conservation. A zoning of this property to RI-U could act as a step-down transition between the more commercial uses permitted within the DG zoning district, and the single-family residential zoning to the south. The infill score of this property is 7 which indicates that an incremental increase in density is justified at this location, which a request from NC to RI-U provides. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W Center Street) • Near Sewer Main (E. Martin Luther King Jr. Blvd) • Near Water Main (E. Martin Luther King Jr. Blvd) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Sidepath Trail on Martin Luther King Jr. Blvd) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) DISCUSSION: At the May 24, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the subject request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Paxton seconded. Commissioners found the request to be compatible at the location given the current land uses and long-term land use plans for the area. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Planning Commission Staff Report RZN-2021-000041 Close Up View Neighborhood Link 1 Planning Area � Fayetteville City Limits Shared -Use Paved Trail Espinoza 7TH STi EXHIBIT 'A' RZN-2021-000041 ,Al �y RSF-8 44+21IN LUTHER KING JR BLVD J.0------------- Feet 0 55 110 220 330 440 1 inch = 150 feet RPZD A& NORTH RSF-8 RW RMF-12 Downtown General Neighborhood Conservation Commercial, Industrial, Residential PARCEL #765-12850-002 PART OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING FROM THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT; THENCE ALONG THE SOUTH LINE OF SAID FORTY ACRE TRACT N86°22'51"W 139.00'; THENCE LEAVING SAID SOUTH LINE NO3°05'39"E 149.25' TO A FOUND 5/8" REBAR BEING THE TRUE POINT OF BEGINNING, THENCE N88°26'35"W 62.26' TO A FOUND 1/2" REBAR; THENCE NO2°59'36"E 133.99' TO A SET 5/8" REBAR LOCATED ON THE SOUTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING BOULEVARD; THENCE ALONG SAID RIGHT-OF-WAY LINE S86°22'51"E 62.50' TO A SET 5/8" REBAR; THENCE LEAVING SAID RIGHT-OF-WAY LINE S03006'10"W 131.75' TO THE POINT OF BEGINNING, CONTAINING 0.190 ACRES MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHT-OF-WAYS OF RECORD. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager May 24, 2021 Updated with PC hearing results from 5/24/2021 SUBJECT: RZN 2021-000041: Rezone (431 E. MLK BLVD./ESPINOZA, 524): Submitted by BLEW & ASSOCIATES, INC. for property located at 431 E. MLK BLVD. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000041 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000041 to City Council with a recommendation of approval." BACKGROUND: The subject property, parcel 765-12850-002, is in south Fayetteville on E. Martin Luther King Jr. Blvd, and is within the Walker Park Neighborhood. Containing approximately 0.20 acres, the property is currently developed with a single-family dwelling that county records indicate was built in 1910. 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 DG, Downtown General South Mixed -Density Residential NC, Neighborhood Conservation East Single -Family Residential RI-U, Residential Intermediate - Urban West Single -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban. The applicant has not submitted any specific development plans, though indicates an intent to develop townhomes. Public Comment: Staff received public comment from the adjacent property owner to the west in opposition to the request. The neighbor issued concerns regarding increased parking and a desire to see the neighborhood maintain single-family character. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along E. Martin Luther King Jr. Blvd. which is a partially improved Neighborhood Link Street with asphalt paving, curb and open Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 1 of 13 ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present on the north side of E. Martin Luther King Jr. Blvd. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present in the center of E. Martin Luther King Jr. Blvd. 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 1.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 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. Drainage: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the property is within the Hillside -Hilltop Overlay District. The property does not lie within a FEMA floodplain, nor is there a protected stream in the area. There are no hydric soils present on the property. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate - Urban requires 15% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: Adequate Fire Response (Station #1, 303 W Center Street) Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 2 of 13 • Near Sewer Main (E. Martin Luther King Jr. Blvd) • Near Water Main (E. Martin Luther King Jr. Blvd) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (Sidepath Trail on Martin Luther King Jr. Blvd) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) 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: While the property is currently surrounded by single-family residential, the area is has a variety of lot sizes and building types. The size of the lot in question is small, less than a'/4 acre, which does naturally limit the developability of the property, indicating that the permitted uses within the RI-U zoning district would largely be limited in size given other development requirements that would be needed, such as parking and potential tree preservation. This helps protect compatibility with surrounding single-family dwellings. Staff also finds that while the property to the north is largely single-family residential, the underlying zoning district which governs the area is DG, Downtown General, signaling an intent for more intense and urban uses and building forms in that area. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, goals of City Plan 2040, as well as with the Walker Park Neighborhood Plan. The property immediately across the street on E. MILK Blvd. is zoned DG, Downtown General, and the property to the south is zoned NC, Neighborhood Conservation. A zoning of this property to RI-U could act as a step-down transition between the more commercial uses permitted within the DG zoning district, and the single-family residential zoning to the south. The infill score of this property is 7, with a weighted score of 8, which indicates that an incremental increase in density could be justified at this location, which a request from NC to RI-U provides. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning this property NC, Neighborhood Conservation to RI-U, Residential Intermediate — Urban, is justified given the city's stated goals of increased infill development as well as providing additional opportunities for attainable housing. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning of the property under RI-U, with its lack of density requirements, has the potential to increase traffic on E. MILK Blvd, which is called out in the Master Street Plan as a Neighborhood Link Street. However, given the size Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 3 of 13 of the property and the nature of the street frontage, staff finds that the possibility of increased traffic danger and congestion is minimal. 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 NC to RI-U would potentially increase the population density, but would not undesirably increase the load on facilities and services. As noted above, this 0.24-acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 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 approval of RZN-2021-000041. PLANNING COMMISSION ACTION: Required YES Date: May 24, 2021 O Tabled I,� Forwarded O Denied with a recommendation Motion: Sparkman of approval Second: Paxton J Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.29 Neighborhood Conservation o §161.12 District RI-U, Residential Intermediate - Urban • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 4 of 13 • Current Land Use Map • Future Land Use Map 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 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 5 of 13 Building Height Maximum 1 3 stories (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. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19) 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 1 2 stories/3 stories Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 6 of 13 * 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 May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 7 of 13 Bie, Associates, P.A. Civil Engineers Professional Land Surveyors March 31, 2021 To Whom It May Concern, Rezone 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 My client, Diego Espinoza, is doing a rezone at 431 E. MLK Fayetteville. The property is currently Neighborhood Conservation. He is requesting RIU for the property just like the property to the East we did last year. This should not impact the surrounding neighborhoods since we are requesting the same zoning as before. He's wanting to build townhomes and with the zoning he's requesting, it should flow with the surrounding properties. We have utilized this plat to create and modify to meet our needs as the client requested. The rezone affects parcel:# 765-12850-002 Sincerely, Amanda Hallmark Project Manager Blew & Associates, P.A. Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 8 of 13 From: Samuels <samuelsrus@sbcgloba1.net> Sent: Monday, May 10, 2021 3:03 PM To: Planning Shared <planning@favetteville-ar.gov>; r.umberger@favetteville-ar.gov Subject: Fw: 431 E. MLK Blvd 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. ----- Forwarded Message ----- From: Samuels <samuelsrus(absbcglobal.net> To: r.umberger(cDfavetteville-ar.gov <r.umberger(a�fayetteville-ar.gov> Sent: Monday, May 10, 2021, 02:38:07 PM CDT Subject: 431 E. MLK Blvd I am writing with reference to the rezoning of the above property to RIU. I own the property next door at 405 E. MLK and am concerned as the neighborhood is really characterized by single family homes. Another consideration here is parking, there is no street parking and many of the properties are occupied by students so the ratio of cars to homes is very high that causes parking issues in the streets off of MLK. Thank you for considering my comments Kind regards Mark Samuels Planning Commission May 24, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 9 of 13 Agenda Item 5 RZN-21-000041 Espinoza Page 10 of 13 RZN-2021-000041 Close Up View Neighborhood Link 1 Planning Area Fayetteville City Limits t - -- - — —• Shared -Use Paved Trail Espinoza 7TH ST, NC O4D yG��s RSF-8 �0 `�<< MARTIN LUTHER KING JR BLVD �e--------- _ Feet 0 55 110 220 330 440 1 inch = 150 feet RPZD A& NORTH RSF-8 RW RMF-12 Downtown General Neighborhood Conservation Commercial, Industrial, Residential Planning Co mission 4, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 11 of 13 RZN-2021-000041 Espinoza Current Land Use NORTH sll i Single -Family Residential - I I MARTIN LUTHER_ - 1 KING JR BLVD �. I I . Sin le -Family Residential 9 Y Subject Single -Family Residential I I Property _ 1 _ Mixed -Density Residential A W- `�-----L 7TH ST -� w}mi __.---- Neighborhood Link _; Planning Area ZZ - - -; Fayetteville City Limits Feet 0 25 50 100 150 1 inch = 70 feet 200 FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Co mission 4, 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 12 of 13 RZN-2021-000041 Future Land Use Espinoza O�� y ti G F �1 M1 400MIL \` le own Civic and KING JR BLVD Private i �,------------- Open Space IA ' City [Subject Property Neighborhood 7TH ST Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Neighborhood Link Non -Municipal Government �- - -� 0 75 150 300 450 600 Residential Neighborhood Planning Area i- - -� 1 inch - 200 feet L Rural Residential ,- - - Fayetteville City Limits Urban Center Planning Co ssion 2021 Agenda Item 5 RZN-21-000041 Espinoza Page 13 of 13 Democrat Axette I' ?Cf_?CGi :7A"ETT,rVILL`c, AP %2?G2 • 479-1 %130C - FAX �i9 h9_•1118 • l"f Jl'fAd4Y+D�.COM 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 6448 Was inserted in the Regular Edition on: June 20, 2021 Publication Charges: $82.08 &A M*- Brittany mith Subscribed and sworn to before me This Zj day off 2021. Notary Public My Commission Expires: **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: 6448 File Number: 2021-0425 RZN-2021-041 (431 E. MLK BLVD./ESPINOZA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-041 LOCATED AT 431 EAST MARTIN LUTHER KING JUNIOR BOULEVARD FOR APPROXIMATELY 0.20 ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 6/15/2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75431446 June 20,2021