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HomeMy WebLinkAboutOrdinance 6480 1111111111 III H I I III II II II H II II Doc ID: 020151370003 Type: REL F Fnre T Kind: ORDINANCE Recorded: 09/30/2021 at 03:24:47 PM Fee Act: $25.00 Page 1 of 3 ) Washington County, AR Kyle Sylvester Circuit Clerk File2021-00037768 4 Kam___ 113 West Mountain Street Fayetteville, 575 323 701 ARCHIVE. Ordinance: 6480 File Number: 2021-0680 RZN-2021-061 (1428 E. HUNTSVILLE RD./LASEY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-061 LOCATED AT 1428 EAST HUNTSVILLE ROAD FOR APPROXIMATELY 1.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE-URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville,Arkansas hereby changes the zone classification of the property shown on the map(Exhibit A)and the legal description(Exhibit B)both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family,4 Units Per Acre to RI-U, Residential Intermediate-Urban. Section 2: That the City Council of the City of Fayetteville,Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 9/21/2021 Approve c Attest: ` � 00( tilnrrrrR �,, ' ce a _ FAYETTE`✓IL • LE Lioneld JI rda ayor Kara Paxton, City Clerk TreasuiT z'.. •,4 •,,,CO�``���� Page 1 Printed on /LS'lij 111 RZN-2021-000061 Rezone request for Lasey RZN-2021-000061 Close Up View EXHIBIT 'A' Ittil-1 Q 5TH ST >- dOi. V (loll-21 5 `SEQUOYAH CT Subject Property 1 w < 2 a O W 2 N """ ".a.-e.WI, `"" HUNTSVILLE RD CO r-- - R-c) v < • • r011 } �O IZ\IF-6 IL Q g co Apir, U ' lir. .. in J.1 I \ll 12 , , 1' NORTH , A, ., I Residential-Agricultural RSF-4 RMF-6 RMF-12 +.. Neighborhood Link RMF-24 Hillside-Hilltop Overlay District Feet Residential-Office LPlanning Area C-1 ' Fayetteville City Limits 0 75 150 300 450 600 Community Services L. 1 inch = 200 feet Trail(Proposed) I♦Neighborhood Services-Gen. P-1 EXHIBIT 'B' RZN-2021-000061 LEGAL DESCRIPTION PARCEL # 765-14414-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE SOUTH LINE THERE OF N87°07'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING: N25°42'04"E 43.13', N05°40'33"W 25.78', N 12°36'01"E 27.91', N01°51'26"E 28.45', N38°33'22"E 53.92', N26°17'21"E 39.73', N00°10'17"W 6.23', THENCE LEAVING SAID DITCH CENTERLINE S87°14'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT & THENCE ALONG SAID EAST LINE S01°34'12"W 208.45' TO THE POINT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 09/30/2021 03:24:47 PM and recorded in Real Estate File Number 2021-00037768 Kyle Sylvester- Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0680 Agenda Date: 9/21/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA RZN-2021-061 (1428 E. HUNTSVILLE RD./LASEY): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-061 LOCATED AT 1428 EAST HUNTSVILLE ROAD FOR APPROXIMATELY 1.85 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 912212021 City of Fayetteville Staff Review Form 2021-0680 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-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 1428 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.85 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 FROM: Jessie Masters, Development Review Manager DATE: September 3, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 1428 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.85 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Planning Commission and City staff and 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 in south Fayetteville and is approximately 0.3 miles to the west of E. Huntsville Road's intersection with Happy Hollow Road. Containing approximately 1.85 acres, the property is currently developed with a single-family home that County records indicate was constructed in 1915, and associated outbuildings. The property slopes up significantly from E. Huntsville Road, but only a small portion of the northeast corner lies within the Hillside -Hilltop Overlay District. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre, to RI-U, Residential Intermediate - Urban. The applicant has not submitted any additional development plans. Public Comment: Staff received phone call inquiries about the proposal, but no comment in direct support or opposition to the request prior to the meeting. One caller specifically asked whether the developer had plans to incorporate low-income or affordable housing in any proposed development; City ordinances do not currently require any low-income or affordable housing offset with development proposals. One member of the public spoke in favor of the rezoning request at the meeting. Land Use Compatibility: The surrounding property includes multi -family residential to the north, single-family residential to the west and east, and mixed -density residential to the south, which is across E. Huntsville Road. Given the mixed -density residential surroundings, staff finds that a request to rezone this area from RSF-4 to RI-U is compatible, since it would permit a variety of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 housing types, ranging from single-family to up to 4-family structures by -right. Staff finds that the property's frontage along E. Hunstville Road, a Neighborhood Link Street, could likely absorb additional dwelling units at this location, and given the 1.85 acre size of the site, would not likely negatively contribute to traffic congestion. The inclusion of a build -to -zone with the RI-U zoning district also requires that buildings be placed closer to E. Huntsville Road, promoting walkability and a pedestrian -oriented streetscape. Given the slope of the site to the north, staff does not find that the 3-story buildings allowed under RI-U would be out of scale with the surrounding context, especially given the townhome structures that are located to the immediate north of this property, and the same height allowance under RSF-4 today. Further, staff finds that the surrounding zoning signals an intent for change in this neighborhood. While there is currently one single-family dwelling to the east of the property, the zoning district of NS-G would permit additional non- residential uses. CS zoning to the south also signals a desire for additional density and services in the area. Zoning for additional, compatible housing to the area would likely positively contribute to the signaled changes in the neighborhood through recent rezoning requests. 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 area is designated as a Residential Neighborhood Area, which indicates an intent for incrementally dense residential in close, connected proximity to commercial and neighborhood services. While the infill score is low to moderate, this zoning request has the potential to meet goals #1, 2, and 6, by bringing additional residential dwellings to a location that is relatively close to town rather than contributing to suburban sprawl, creating opportunities for attainable housing with the potential of introducing a variety of housing types, and developing in a way that would potentially be complete, compact and connected to additional services. 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 #3, 1050 S. Happy Hollow Road) • Near Sewer Main (6" sewer main, E. Huntsville Road) • Near Water Main (8" water main, E. Huntsville Road) • Near City Park (Doc Mashburn Park) • Near ORT Bus Stop (ORT Route 20) 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 Belden made the motion and Commissioner Garlock seconded. Commissioners found the rezoning to be compatible with the surrounding area given the street frontage, the surrounding existing zoning districts, and long- term land use plans for the area. Commissioners were optimistic that current traffic conditions would improve with ongoing Morningside Drive improvements, and recognized the need for potential future improvements with the intersection at Curtis Avenue. One member of the public spoke at the meeting in support of the request and expressed a desire to rezone a larger area of the surrounding neighborhood. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000061 Rezone request for Lasey Close Up View RSF=4 I -SEQUOYAH CT----" I Subject Property HUNTSVILLE RD -------------------- R-O RMF-6 W a U) U W Q fir==------ RMF-12 111111111W'-NORTH Resid ential-Ag ricu Itu ral RS F-4 RMF-6 RMF-12 Neighborhood Link RMF-24 Hillside -Hilltop Overlay District Feet Residential -Office ` Planning Area C-1 - - 0 75 150 300 450 600 Community Services L Fayetteville City Limits — 1 inch = 200 feet Neighborhood Services -Gen. — — — Trail (Proposed) P-1 EXHIBIT 'B' RZN-2021-000061 LEGAL DESCRIPTION PARCEL # 765-14414-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE SOUTH LINE THERE OF N87007'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING: N25°42'04"E 43.13', N05o4O'33"W 25.78', N 12°36'01 "E 27.91', N01 °51'26"E 28.45', N38033'22"E 53.92', N26017'21"E 39.73', N00010'17"W 6.23', THENCE LEAVING SAID DITCH CENTERLINE S87014'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT & THENCE ALONG SAID EAST LINE S01034'12"W 208.45' TO THE POINT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. CITY OF ti FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: August 23, 2021 Updated with PC hearing results from 8/23/2021 SUBJECT: RZN-2021-000061: Rezone (1428 E. HUNTSVILLE RD./LASEY, 525): Submitted by MCCLELLAND ENGINEERS, INC. for property located at 1428 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.85 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000061 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000061 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville and is approximately 0.3 miles to the west of E. Huntsville Road's intersection with Happy Hollow Road. Containing approximately 1.85 acres, the property is currently developed with a single-family home that County records indicate was constructed in 1915, and associated outbuildings. The property slopes up significantly from E. Huntsville Road, but only a small portion of the northeast corner lies within the Hillside -Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre South Mixed -Density Residential R-O, Residential Office; CS, Community Services; RMF-24, Residential Multi -Family, 24 Units per Acre East Single -Family Residential NS-G, Neighborhood Services - General West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property to RI-U, Residential Intermediate - Urban. The applicant has not submitted any additional development plans. Public Comment. Staff has received phone call inquiries about the proposal, but no comment in direct support or opposition to the request. One caller specifically asked whether the developer had plans to incorporate low-income or affordable housing in any proposed development; City ordinances do not currently require any low-income or affordable housing offset with development proposals. Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 1 of 13 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along E. Huntsville Road. E. Huntsville Road is a partially -improved Neighborhood Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the north side of E. Huntsville Road. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the south side of E. Huntsville Road. An existing 6-inch sanitary sewer main is present on the West side of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1050 S. Happy Hollow protects this site. The property is located approximately .5 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out 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: A small portion of the property in the northeast corner 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. There are no protected streams present in the subject area, not does any of the subject property lie within a FEMA floodplain, nor are there any hydric soils present on the site. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate - Urban requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre requires 25% 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 Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 2 of 13 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 5 for this site, with a weighted score of 5.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (6" sewer main, E. Huntsville Road) • Near Water Main (8" water main, E. Huntsville Road) • Near City Park (Doc Mashburn Park) • Near ORT Bus Stop (ORT Route 20) 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 includes multi -family residential to the north, single-family residential to the west and east, and mixed -density residential to the south, which is across E. Huntsville Road. Given the mixed -density residential surroundings, staff finds that a request to rezone this area from RSF-4 to RI-U is compatible, since it would permit a variety of housing types, ranging from single-family to up to 4-family structures by -right. Staff finds that the property's frontage along E. Hunstville Road, a Neighborhood Link Street, could likely absorb additional dwelling units at this location, and given the 1.85 acre size of the site, would not likely negatively contribute to traffic congestion. The inclusion of a build - to -zone with the RI-U zoning district also requires that buildings be placed closer to E. Huntsville Road, promoting walkability and pedestrian friendliness. Given the slope of the site to the north, staff does not find that 3-story buildings would be out of scale with the surrounding context, especially given the townhome structures that are located to the immediate north of this property. Further, staff finds that the surrounding zoning signals an intent for change in this neighborhood. While there is currently one single-family dwelling to the east of the property, the zoning district of NS-G would permit additional non-residential uses. CS zoning to the south also signals a desire for additional density and services in the area. Zoning for additional, compatible housing to the area would likely positively contribute to the signaled changes in the neighborhood through recent rezoning requests. 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 area is designated as a Residential Neighborhood Area, which indicates an intent for incrementally dense residential in close, connected proximity to commercial and neighborhood services. While the infill score is low to moderate, this zoning request has the potential to meet Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 3 of 13 goals #1, 2, and 6, by bringing additional residential dwellings to a location that is relatively close to town rather than contributing to suburban sprawl, creating opportunities for attainable housing, and developing in a way that would potentially be complete, compact and connected to additional services. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 to RI-U is justified to bring incremental density to the site, and will still align with the future land use map designation as a Residential Neighborhood Area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to RI-U has the potential to increase traffic to the location. Under the current zoning district, the development potential is limited to 4 units per acre; RI-U does not have the same density limitation, but would have a build -to -zone requirement rather than a building setback, which would potentially relocate any parking and access needs to the rear of the property. Staff does not find that given the 1.85 acre size of the site that the amount of added traffic would appreciably increase any traffic danger or congestion. Staff does find, however, that there have been automotive crashes at this property's frontage, likely due to the intersection with Curtis Avenue across the street. Subsequent development proposals would be analyzed for stopping site distance, and any required street improvements would also be evaluated at the time of a development proposal. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-U does have the capacity to increase the population density at this location, though staff does not find that it would be unwelcome. Given the site acreage of 1.85 acres, staff finds that limitations such as the site's size, residential parking requirements, and other tree preservation requirements would prevent the increase in density from becoming undesirable. Staff also finds that there is available water and sewer at this location, and E. Huntsville Road's designation as a Neighborhood Link Street could likely support the additional increase. The Fayetteville Public School District did not comment on 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; Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 4 of 13 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-2021-000061. PLANNING COMMISSION ACTION: JDate: August 23, 2021 O Tabled Motion: Winston (Second: Sparkman JVote: 8-0-0 BUDGET/STAFF IMPACT: None Required YES Forwarded O Denied with recommendation of approval Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.12 District RI-U, Residential Intermediate - Urban • Applicant 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 Unit 4 Cultural and recreational facilities Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 5 of 13 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 Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 1 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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 6 of 13 161.12 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 Unit 46 Short-term rentals (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 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 7 of 13 (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; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 8 of 13 McCLELLAN ffl"CE� CONSULTING ENGINEERS, INC. July 14, 2021 Planning Commission City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 Re: Rezoning of Parcel #765-14414-000 (1428 E. Huntsville Road) Dear Planning Commission Members, 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mce.us.com This letter is in regards to the rezoning request for Parcel #765-14414-000, located at 1428 E. Huntsville Road. The purpose for the requested rezoning is to change the current zoning from RSF-4 to RI-U. The Future Land Use Plan per the City Plan 2040 indicates that the subject property site is located within the Residential Neighborhood Area designation. 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. The RI-U, Residential Intermediate -Urban 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. With the utilization of Residential Neighborhood design principles and the RI-U zoning guidelines we therefore feel like this proposed rezoning is in line with the future land development goals and will not unreasonable adversely affect or conflict with surrounding land uses. Sincerely, Chris Bakunas, PLA Project Manager cbakunas@mce.us.com Planning Commission August 23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 9 of 13 RZN-2021-000061 Rezone request for Lasey One Mile View NORTH 0 0.125 0.25 0.5 Miles L l�� - - - --------- ------ - - i I I I I I I 111 DG I I RSF-4 Subject Property - 4' E'RD - G i ■ i IF �p ZZ ::R1M!F-24!!!1'iJPP 211 .. R-A 0 I W NRSF-8 G I 4 I — —— Zoning -2 General ln°uatnal RESIDENTIAL SINGLE-FAMILY EXTRACTION 11 COMMERCIAL Neighborhood Link — NSL C;identlal-OMe Reai°en°al-Agiculturel C-2 Regional Link - High Activity — — — RSF-+S FORM °BASED DISTRICTS R. Daxntaxn Cure — — — Shared -Use Paved Trail R. MMUl—CIglh'are R. Main SVeat Cantor ' R. Du.W. Ganaral — — — Trail (Proposed) RSF-1a CommunityS . RESIDENTIAL MULTI -FAMILY Naighburlwu°Se . , . Fayetteville City Limits i Q ____ ;-----1 �R 6 Naighbarlwa° Cansanatian RMF-,2 PLANNED ZONING DISTRICTS �R �Cammamal,ln°.—I,Rasi°ann„a, Planning Area - '=- �RMR24 INSTITUTIONAL Planning Area Fayetteville City Limits RMF-au ND11 ti—yGammamialanELight ln°.Gal Planning Conim 3, ssion 2021 Agenda Item 11 RZN 21-000061 Lasey Page 10 of 13 RZN-2021-000061 Close Up View Rezone request for Lasey RSF=4' 5TH ST RMF-24 5� SEQUOYAH CT Subject Property /• • � i- aw Z Q NS-G co HUNTSVILLE RD co R-0 < v 0 RMF-6 _ LU a y cs U W Q Q RMF_12 P- N O RT H Residential -Agricultural RSF-4 RMF-6 RMF-12 Neighborhood Link RMF-24 Hillside -Hilltop Overlay District Feet Residential -Office ` Planning Area C-1 - - 0 75 150 300 450 600 Community Services L - Fayetteville City Limits 1 inch = 200 feet Neighborhood Services -Gen. - - - Trail (Proposed) P-1 Planning Coin 3 ssion 2021 Agenda Item 11 RZN 21-000061 Lasey Page 11 of 13 RZN-2021-000061 Current Land Use Rezone request for Lasey NORTH Multi Family Residential ---_- _ - - - `.I_-- . - Subject Property Commercial HUNTSVILLE RD -_ - - Single Family Residential s w a: r�6 FAIRLANE ST Neighborhood Link Trail (Proposed) _ _ _; Planning Area - - -; Fayetteville City Limits Feet 0 112.5 225 450 675 1 inch = 300 feet FEMA Flood Hazard Data too -Year Floodplain Floodway Planning Conlmission - ;61961st-23, 2021 Agenda Item 11 RZN 21-000061 Lasey Page 12 of 13 RZN-2021-000061 Future Land Use KINGFIS 2 r Z eN r TEAL-RD— Civic Institutional Neighborhood Link Regional Link - High Activity Planning Area �- - -, Fayetteville City Limits - - - Trail (Proposed) Rezone request for Lasey Residential Neighborhood NORTH 2 Subject Property OG 5TH ST 0 S w Q Z Q 2 w w HUNTSVILLE-RD = Natura-M� Feet 0 145 290 580 870 1 inch = 400 feet BE Neig FAIKL-ANE ST MI } Z W G U) EV_ALYN_ w <CIR.J City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban Center Planning Cc ssion 2021 Agenda Item 11 RZN 21-000061 Lasey Page 13 of 13 Democrat aet�e F',^ B:;x 1607 �_A'-FTTE` ILLE. i�P 72702 • 79: 4 2-170-� - FAX •179-5?54115 • W's'1W NWAD& COIN 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 6480 Was inserted in the Regular Edition on: September 26, 2021 Publication Charges: $88.16 664s &;,& Brittany Smith Subscribed and sworn to before me This l -7 day of 2021. (��C4 La� Notary Public Z12.,D/Z4 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 iwance: 6480 Number. 2021-0680 1-2021.061 (1428 E. HUNTSVILLE AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-061 LOCATED AT 1428 EAST HUNTSVILLE ROAD FOR APPROXIMATELY 115 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate - 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 Approved: 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 88.16 75470019 Sept26,2021