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Home My WebLink AboutOrdinance 6479 1111111 HAHN 11111 01 1111111111 II Doc ID: 020151360004 Type: REL o,Fp , Kind: ORDINANCE Recorded: 09/30/2021 at 03:24:32 PM �! Fee Amt: $30.00 Page 1 of 4 Washington County. AR l et -\� Kyle Sylvester Circuit Clerk \, ,; % 2021-00037767 �� File �Akn t+S PS 113 West Mountain Street Fayetteville,AR 72701 ARCHIVED (479)575-8323 Ordinance: 6479 File Number: 2021-0671 RZN-2021-060(699 W.WHILLOCK ST./FOSTER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-060 LOCATED AT 699 WEST WHILLOCK STREET FOR APPROXIMATELY 1.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY,8 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-8,Residential Single Family,8 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 9/21/2021 Page 1 Printed on 9/22/21 Ordinance: 6479 File Number 2021-0671 Approved:% Attest: ��.�ERKtitir i�,,,, la / :c_;. larz-v a(-4 -11i--W .'7 I FAY'.7-7. ox,..:7tp,...'t.. AlLy1A1211111n,..,/ //,‘_,._____ Pm: Lioneld Jo •. or Kara Paxton. City Clerk Treasurer .y .. ;ti 7rAIA;sP\S.•' Page 2 Printed on 9/22/21 RZN-2021-000060 Rezone request for Foster RZN-2021-000060 Close Up View EXHIBIT 'A' w ` > � i 0 0 I : Il /; / RI-12 Subject Property WHILLOCK-ST Propos.d RSF-8 It•l-4 Ce 121 CC 0 0 NORTH 2 Zoning Acres RSF-8 1 4 rs Regional Link wimm Freeway/Expressway Hillside-Hilltop Overlay District Feet _ 1 Design Overlay District 0 75 150 300 450 600 _ •Planning Area 1 inch = 200 feet Total 1.4 - Fayetteville City Limits RZN-2021-000060 EXHIBIT 'B' Legal Description for Parcel Numbers: 765-15501-000 and 765-15490-000 Survey Description Washington County Parcel 765-15501-000: PT NE NW .43 AC (90 X 210) FURTHER DESCRIBED FROM 2021-14698 AS: Part of the Northeast Quarter of the Northwest Quarter of Section Thirty-three (33) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to-wit: beginning at a point 215 feet South and 540 feet East of the Northwest corner of said forty acre tract, and running thence East 90 feet, thence South 210 feet, thence West 90 feet, thence North 210 feet to the point of beginning. Survey Description Washington County Parcel 765-15490-000: PT NE NW 1 AC FURTHER DESCRIBED FROM 2021-14697 AS: Part of the Northeast Quarter of the Northwest Quarter of Section Thirty-three (33) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to-wit: beginning at a point 215 feet South and 630 feet East of the Northwest corner of said forty acre tract, and running thence East 210 feet, thence South 210 feet, thence West 210 feet, thence North 210 feet to the point of beginning, containing one (1) acre, more or less. Washington County, AR I certify this instrument was filed on 09/30/2021 03:24:32 PM and recorded in Real Estate File Number 2021-00037767 Kyle Sylvester- Circuit Clerk by �� ....___. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0671 Agenda Date: 9/21/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2021-060 (699 W. WHILLOCK ST./FOSTER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-060 LOCATED AT 699 WEST WHILLOCK STREET FOR APPROXIMATELY 1.43 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 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-8, Residential Single Family, 8 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 912212021 City of Fayetteville Staff Review Form 2021-0671 Legistar File ID 9/21/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/3/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000060: Rezone (699 W. WHILLOCK ST./FOSTER, 717): Submitted by COMMUNITY BY DESIGN, INC. for property located at 699 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.43 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No 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: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 21, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: September 3, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000060: Rezone (699 W. WHILLOCK ST./FOSTER, 717): Submitted by COMMUNITY BY DESIGN, INC. for property located at 699 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.43 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE FAMILY, 8 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 includes two parcels, 765-15490-000 and 765-15501-000. The property totals approximately 1.43 acres, and is located on the south side of W. Whillock Street in South Fayetteville. One parcel contains a single-family dwelling while the other is currently undeveloped. The subject property is significantly sloped and located within the Hillside -Hilltop Overlay District (HHOD). The two parcels to the north were recently rezoned from RSF-4 to RI-12, Residential Intermediate, 12 Units per Acre and RMF-12, Residential Multi -Family, 12 Units per Acre. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RSF-8, Residential Single -Family, 8 Units per Acre. The applicant has indicated that the owner is planning to build single-family residences on the subject property. The primary reason for the rezoning request is to create flexibility in the bulk and area requirements. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: The proposed zoning is compatible with surrounding land uses. Properties in the vicinity are zoned everything from RSF-4, Residential Single -Family, 4 Units per Acre to RMF-12, Residential Multi -Family, 12 Units per Acre and C-2, Thoroughfare Commercial. Most surrounding properties contain single-family dwellings, though there is a duplex and a vacant church building to the north. The subject property is also just east of School Avenue, a Regional Link street lined with several commercial facilities. The uses permitted within the proposed RSF- 8 zoning district are identical to those permitted in RSF-4. Given the variety of zoning, land use, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 and density in the area, staff finds that a rezoning from RSF-4 to RSF-8 would allow for the continuation of compatible uses while supporting gradual infill. A rezoning to RSF-8 would also allow for smaller lots which could provide for additional housing types and sizes and bring more variety to the housing stock in the neighborhood. Staff also finds that the subject property faces 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 the goals of City Plan 2040. The property has a low infill score of 3 with a weighted score of 4, which indicates that the area can likely support a slight increase in single-family housing as would be provided by this request. The request also aligns with goal 4 of City Plan 2040, as the proposed rezoning would result in increased density near the Tier 3 Center at the intersection of School Avenue and the Fulbright Expressway, as identified in the Growth Concept Map. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 3 for this property with a weighted score of 4. The follow elements of the matrix contribute to the score: Near Water Main (6", located in W. Whillock Street) Near Sewer Main (6", located in W. Whillock Street) Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the August 23, 2021 Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Belden seconded. Commissioners found this rezoning to be compatible with the surrounding area as it would primarily serve to reduce the lot width requirements for property within the Hillside -Hilltop Overlay District. They also found it to be justified given the recent rezoning of other properties along W. Whillock Street. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000060 Close Up View WHILLOCK-ST W O IS — Regional Link — Freeway/Expressway Hillside -Hilltop Overlay District I Design Overlay District — ` Planning Area — Fayetteville City Limits Rezone request for Foster i RI-12 Subject Property i/ • RSF Feet 0 75 150 300 450 1 inch = 200 feet Zoninq Acres RSF-8 1.4 Total 1.4 RZN-2021-000060 EXHIBIT `B' Legal Description for Parcel Numbers: 765-15501-000 and 765-15490-000 Survey Description Washington County Parcel 765-15501-000: PT NE NW .43 AC (90 X 210) FURTHER DESCRIBED FROM 2021-14698 AS: Part of the Northeast Quarter of the Northwest Quarter of Section Thirty-three (33) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: beginning at a point 215 feet South and 540 feet East of the Northwest corner of said forty acre tract, and running thence East 90 feet, thence South 210 feet, thence West 90 feet, thence North 210 feet to the point of beginning. Survey Description Washington County Parcel 765-15490-000: PT NE NW 1 AC FURTHER DESCRIBED FROM 2021-14697 AS: Part of the Northeast Quarter of the Northwest Quarter of Section Thirty-three (33) in Township Sixteen (16) North of Range Thirty (30) West, described as follows, to -wit: beginning at a point 215 feet South and 630 feet East of the Northwest corner of said forty acre tract, and running thence East 210 feet, thence South 210 feet, thence West 210 feet, thence North 210 feet to the point of beginning, containing one (1) acre, more or less. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: August 23, 2021 SUBJECT: RZN-2021-000060: Rezone (699 W. WHILLOCK ST./FOSTER, 717): Submitted by COMMUNITY BY DESIGN, INC. for property located at 699 W. WHILLOCK ST. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approximately 1.43 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE- FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000060 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000060 to City Council with a recommendation of approval." BACKGROUND: The subject property includes two parcels, totaling approximately 1.43 acres, on the south side of W. Whillock Street in South Fayetteville. One parcel contains a single-family dwelling while the other is currently undeveloped. The subject property is significantly sloped and located within the Hillside -Hilltop Overlay District (HHOD). The two parcels to the north were recently rezoned from RSF-4 to RI-12, Residential Intermediate, 12 Units per Acre and RMF-12, Residential Multi - Family, 12 Units per Acre. Surrounding land use and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Former Church / Two -Family Residential RI-12, Residential Intermediate, 12 Units per Acre / RMF-12, Residential Multi -Family, 12 Units per Acre South Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre East Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RSF-8, Residential Single -Family, 8 Units per Acre. The applicant has indicated that the owner is planning to build single-family residences on the subject property. The primary reason for the rezoning request is to create flexibility in the bulk and area requirements. Public Comment: Staff has received no public comment. INFRASTRUCTURE: Streets: The subject property has frontage to W. Whillock Street, an unimproved Residential Link with no curb and gutter, sidewalks, or greenspace. Water: Public water is available to the subject area. An existing 6-inch water main is present along Whillock Street. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along Whillock Street. Drainage: No Protected Streams or Hydric Soils are present in the subject area and no portion of the property lies within a FEMA Floodplain. However, most of the subject area lies within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control, and abbreviated tree preservation plans. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center Street, protects this site. The property is located approximately 2.8 miles from the fire station with an anticipated drive time of approximately 7 minutes using existing streets. The anticipated response time would be approximately 9.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single-family to multi -family. Non-residential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety, and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 3 for this property with a weighted score of 4. The follow elements of the matrix contribute to the score: • Near Water Main (6", located in W. Whillock Street) • Near Sewer Main (6", located in W. Whillock Street) • Appropriate Future Land Use (City Neighborhood Area) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The proposed zoning is compatible with surrounding land uses. Properties in the vicinity are zoned everything from RSF-4, Residential Single -Family, 4 Units per Acre to RMF-12, Residential Multi -Family, 12 Units per Acre and C-2, Thoroughfare Commercial. Most surrounding properties contain single-family dwellings, though there is a duplex and a vacant church building to the north. The subject property is also just east of School Avenue, a Regional Link street lined with several commercial facilities. The uses permitted within the proposed RSF-8 zoning district are identical to those permitted in RSF-4. Given the variety of zoning, land use, and density in the area, staff finds that a rezoning from RSF-4 to RSF-8 would allow for the continuation of compatible uses while supporting gradual infill. A rezoning to RSF-8 would also allow for smaller lots which could provide for additional housing types and sizes and bring more variety to the housing stock in the neighborhood. Staff also finds that the subject property faces 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 the goals of City Plan 2040. The property has a low infill score of 3 with a weighted score of 4, which indicates that the area can likely support a slight increase in single-family housing as would be provided by this request. The request also aligns with goal 4 of City Plan 2040, as the proposed rezoning would result in increased density near the Tier 3 Center at the intersection of School Avenue and the Fulbright Expressway, as identified in the Growth Concept Map. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezoning from RSF-4 to RSF-8 is justified given the compatibility of surrounding land uses and the recent rezoning of neighboring properties to other, higher -density residential zoning districts. The designation as a future City Neighborhood also encourages the development of a more diverse, higher -density housing stock which a rezone from RSF-4 to RSF-8 would support. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff does not find that the applicant's proposal would create or appreciably increase traffic danger or congestion. While Whillock Street is narrow with no curb and gutter or sidewalk, this rezoning would not present any significant changes in terms of land development or traffic generation. 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 to RSF-8 will lead to a slight increase in density potential over the current RSF-4 designation. However, there are existing and adequate water and sanitary sewer services to support any new development. Additionally, neither the Police or Fire Departments, nor the Fayetteville Public School District, expressed concerns with this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2021-000060. PLANNING COMMISSION ACTION Date: August 23, 2021 O Tabled Notion: ISecond: Vote: BUDGET/STAFF IMPACT: None Required YES O Forwarded O Denied Attachments: • Unified Development Code: o §161.07 — RSF-4, Residential Single -Family, 4 Units per Acre o §161.09 — RSF-8, Residential Single -Family, 8 Units per Acre • Request letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 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 [nit 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 Single-family Two (2) family dwellings dwellings Units per acre 14 or less 17 or less D) Bulk and Area Regulations. Single-family Two (2) family dwellings 70 feet dwellings 80 feet Lot minimum width 1 Lot area minimum 8,000 square feet 12,000 square feet Land area per dwelling unit 8,000 square feet 6,000 square feet 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 8 000 square feet 6,000 square feet dwelling unit E) Setback Requirements. Front Side Rear 15 feet 15 feet 115 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) 161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single-family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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. By Ri ht Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two 2 family 50 feet Townhouse, no more than two (2) attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-familv 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two (2) attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet (F) Height Regulations. Building Height Maximum 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then 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. (Ord. No. 4783, 10-18-05; 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) EXHIBIT #3 - WRITTEN DESCRIPTION OF REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject property is owned by Ryan Foster. There are no proposed or pending property sales. b. Reason (need) for requesting the zoning change. The owner of the property is planning to build single family houses. The primary reason for the zoning change request is to create flexibility in the bulk and area requirement of the zoning code. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. The proposed zoning district is compatible with adjacent properties and the neighborhood primarily by maintaining a detached single- family house type when single family and multi -family zoning districts exists nearby, adjacent to, and within the neighborhood. The proposed zoning change will not have a measurable impact on vehicular traffic in the area. d. Availability of water and sewer (state size of lines). Water and Sewer is available on Whillock Street. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The proposed zoning is consistent with City Plan 2030. The RSF-8 Zoning District will encourage development that is in accordance with the principles of traditional town form. The more flexible bulk and area regulations of the RSF-8 Zoning District will make possible more land area for tree preservation. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is needed at this time in order to provide more flexibility to preserve the property's natural features. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger or congestion. g. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The proposed zoning will not make possible more density on the property. h. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The proposed zoning allows for the same uses permitted under the current zoning. The proposed zoning will encourage a development form that is more in accordance with City Plan 2030. RZN-2021-000060 One Mile View �"P-1 , I I 1 1 I I Rezone request for Foster 0 0.125 0.25 0.5 Miles 1 i 1 ' \ J r-- O ' O 1 11 1F11 \' 41 =� I - Regional Link Neighborhood Link - Freeway/Expressway Trail (Proposed) L _: Design Overlay District �- - -i Fayetteville City Limits : Planning Area Subject Property RSF-4 L A t`V,<<OVGHBY RD NORTH �--- Zoning RESIDENTIAL SINGLE-FAMILY .I-2 General Ind. —I EXTRACTION N8-GCOMMERCIAL aantlal-GMcaNSL C-1 RSRSF-, FORM BASED DISTRICTS RSF-2axntaxnCureRSF-0 UTai ThurwgMare <Limits RSF-1 Min 11, Center RSF-8 Duxntaxn Ganaral RS-18Community—. RESIDENTIAL MULTI -FAMILY Naigbburlwua S—ii Naigbburlwad Cun..,.un PLANNED ZONING DISTRICTS Pla �WF_oo NSTRUTONAL Fay INDUSTRIAL NaavyCammamialanELight lnUa al RZN-2021-000060 Close Up View WHILLOCK-ST W O IS — Regional Link — Freeway/Expressway Hillside -Hilltop Overlay District I Design Overlay District — ` Planning Area — Fayetteville City Limits Rezone request for Foster i RI-12 Subject Property i/ • RSF Feet 0 75 150 300 450 1 inch = 200 feet Zoninq Acres RSF-8 1.4 Total 1.4 RZN-2021-000060 Rezone request for Foster Current Land Use A' V Single -Family Residential F I � t Subject Property Commercial Uj NORTH • p S •Residential it " I �,• . it F Y` Y f " q NRISE W JTAIN RD Regional Link Freeway/Expressway - - - Trail (Proposed) Stream Planning Area - -� Fayetteville City Limits Design Overlay District L' 1 Undeveloped Y FEMA Flood Hazard Data 100-Year Floodplain Feet Floodway 0 112.5 225 450 675 900 1 inch = 300 feet RZN-2021-000060 Future Land Use Rezone request for Foster Residential Neighborhood GREENWOOp ST 1 A w =o LU MONTGOMERY-ST D n U) � mD MCn m Industrial V co rSUNRISE MOUNTAIN RD Regional Link Freeway/Expressway Planning Area - - Fayetteville City Limits - - Trail (Proposed) J Design Overlay District I� I I City Neighborhood Subject Property Civic Institutional ST Feet L-' 0 145 290 580 870 1,160 1 inch = 400 feet NORTH Rural Residential City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center INMO= AR* P.•C.90X'k.0',=A*ETTF.`1aLLG,AP 72JV2•479-4 2-I-'00-FAX �79-695.1118. ?AVt:'.,\;WADG.CON: 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 6479 Was inserted in the Regular Edition on: September 26, 2021 Publication Charges: $91.20 Brittany Smith Subscribed and sworn to before me ThisZ7 day of , 2021. (4 Notary Public My Commission Expires: Ll5't'/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, 1239711b Ordinance: 6479 File Number. 2021-0671 RZN-2021-060 (699 W. WHILLOCK ST./FOSTER): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-060 LOCATED AT 699 WEST WHILLOCK STREET FOR APPROXIMATELY 1.43 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER IE IT ORDAINED BY THE CITY :OUNCIL OF THE CITY OF AYETPEVILLE, ARKANSAS: ection 1: That the City Council of the :ity of Fayetteville, Arkansas hereby hanges the zone classification of the roperty shown on the map (Exhibit A) nd the legal description (Exhibit B) oth attached to the Planning )epartmenft Agenda Memo from RSF- , Residential Single Family, 4 Units Per icre to RSF-8, Residential Single amily, 8 Units Per Acre. ection 2: That the City Council of the :ity of Fayetteville, Arkansas hereby mends the official zoning map of the 'ity of Fayetteville to reflect the zoning hange provided in Section I. 'ASSED and APPROVED on f2l/2021 Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: S 91.20 75470013 Sept 26, 2021