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Home My WebLink AboutOrdinance 6490Cf FAYE►, yes ,'gK4N5PS 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6490 File Number: 2021-0728 Doc ID: 020185530003 Type: REL Kind: ORDINANCE Recorded: 10/19/2021 at 11:07:43 AM Fee Amt: $25.00 Pape 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk Q File202 1-0004025 V RZN-2021-063 (820 W. KELLEY ST./RICHLAND CREEK ENTERPRISES): ARCHIVEL AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-063 LOCATED AT 820 WEST KELLEY STREET FOR APPROXIMATELY 0.55 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 10/5/2021 'VILLE ; c • P•.'�1NN ► V O* RZN-2021-000063 Close Up View KELLEY ST \Q* G .. rn - �HICKI BEL-AIR DR Neighborhood Link Trail (Proposed) Planning Area Fayetteville City Limits RSF-J Richland Creek Ent. I RZN-2021-000063 EXHIBIT 'A' �s J p RSF-8 W �1W ASH ST il� U DAVIS ST— Subject Property w RI>LP H � H / Proposed RI-U W �J# x W RMF-40 / W / J / 1 II - 1 1 m 1 �m t SYCAMORE ST _ — m Feet dc WISH V 0 75 150 300 450 1 inch = 200 feet -ism 1 INORT H Zoninq Acres RI-U 0.5 Total 0.5 RZN-2021-000063 EXHIBIT `B' Legal Description for Parcel Numbers: 765-02667-000 and 765-02666-000 Lot Two (2) Block 4, Bel Air Acres Addition to the City of Fayetteville, Arkansas, Replat of Lot Seventeen (17) Evins Farm, an Addition to the City of Fayetteville, Arkansas, as per Plat Book 3 at Page 398 and Plat Book 486 at Page 1 of said addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. AND Lot 1, Block 4, Bel Air Acres Addition to the City of Fayetteville, Arkansas, as described in deed Book 716 at Page 127. Washington County, AR I certify this instrument was filed on 10/19/2021 11:07:43 AM and recorded in Real Estate File Number 2021-00040258 Kyle Sylvester - Circuit Clerk City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0728 Agenda Date: 10/5/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.3 RZN-2021-063 (820 W. KELLEY ST./RICHLAND CREEK ENTERPRISES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-063 LOCATED AT 820 WEST KELLEY STREET FOR APPROXIMATELY 0.55 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 101612021 City of Fayetteville Staff Review Form 2021-0728 Legistar File ID 10/5/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/17/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000063: Rezone (820 W. KELLEY ST./RICHLAND CREEK ENTERPRISES, 366): Submitted by JUSTIN CULLERS for properties located at 820 W. KELLEY ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with approximately 0.55 acres. The request is to rezone the properties 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 OCTOBER 5, 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 17, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000063: Rezone (820 W. KELLEY ST./RICHLAND CREEK ENTERPRISES, 366): Submitted by JUSTIN CULLERS for properties located at 820 W. KELLEY ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with approximately 0.55 acres. The request is to rezone the properties 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, which includes parcels 765-02667-000 and 765-02666-000, is located approximately 200 feet north of the intersection of W. Sycamore Street and N. Leverett Avenue. The property contains approximately 0.55 acres and is currently developed with a single-family dwelling, which Washington County records indicate was built in 1964. Request: The applicant is requesting to rezone the property from RSF-4, Residential Single - Family — 4 Units per Acre, to RI-U, Residential Intermediate — Urban. The applicant has stated that rezoning would allow for appropriate infill. Public Comment: Staff received public comment from two nearby property owners who were opposed to this request. Both individuals issued concerns regarding the construction of multi- family dwellings. However, construction of multi -family dwellings (structures with 5-units or more) would require a CUP in the RI-U zoning district. Land Use Compatibility: While the subject property is situated on the edge of a single-family residential subdivision, the surrounding area has a variety of lot sizes and land uses. The two lots within the subject property are relatively small, at about a'/4 acre each, which suggests that any future development will be limited in size. Given the building requirements and permitted uses associated with the RI-U zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single - Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 family, multi -family, commercial, and industrial zoning districts. Rezoning to RI-U would permit, by right, the development of single-, two-, three-, and four -family dwellings, which appear to be compatible in use and incremental in density when compared to the surrounding area. The building height maximum for both RSF-4 and RI-U zoning districts is 3 stories, which means that rezoning would not permit the construction of any taller buildings. However, the front and rear setback requirements, lot size, and lot width requirements would all be reduced. Where RSF-4 requires a 15-foot front and rear setback, RI-U would require a 25-foot build -to -zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RI-U would not have a minimum lot size requirement and would only require a minimum width of 18 feet. 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 immediately across N. Leverett Avenue is zoned RMF-24, Residential Multi -Family — 24 Units per Acre, and C-1, Neighborhood Commercial, while other surrounding properties are zoned RSF-4, Residential Single -Family — 4 Units per Acre. A rezoning of this property to RI-U could act as a transition between the commercial and multi -family zoning to the east, and the single-family zoning to the north and west. The property also has a relatively high infill score of 8 with a weighted score of 9.5, which indicates that an incremental increase in density could be justified at this location, which rezoning from RSF-4 to RI-U would support. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this property with a weighted score of 9.5. The follow elements of the matrix contribute to the score: • Adequate Fire Response (Station 2, 708 N. Garland Avenue) • Near Sewer Main (6" located to the north, and 15" located in N. Leverett Avenue) • Near Water Main (2.25" located to the north, and 6" located in N. Leverett Avenue) • Near Grocery Store (Harps Food Store) • Near City Park (Gregory Park) • Near Paved Trail (Scull Creek Trail, Razorback Greenway) • Near Razorback Bus Stop (North Creekside, Route 26) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the September 13, 2021 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Sparkman made the motion and Commissioner Winston seconded. Commissioners found the proposed zoning classification to be appropriate for this property and stated that it was a great location for infill. Commissioner Johnson noted that properties to the north were rezoned to CS several years ago, though no development has resulted from that. No public comment was offered on the item. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2021-000063 Richland Creek Ent. RZN-2021-000063 Close Up View I EXHIBIT 'A' BEL-AIR DR RSF-8 ■ —�DAVIS ST Subject Property RSF-4 • LL i 4 H Proposed RI-U —� W KELLEY-ST W J D m f _ SYCAMORE ST, --- Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Feet 0 75 150 300 450 1 inch = 200 feet ST :II '1 1 1 1 1 1 1 1 1 1 1 1 W co W U Ned Zoning Acres RI-U 0.5 Total 0.5 RZN-2021-000063 EXHIBIT `B' Legal Description for Parcel Numbers: 765-02667-000 and 765-02666-000 Lot Two (2) Block 4, Bel Air Acres Addition to the City of Fayetteville, Arkansas, Replat of Lot Seventeen (17) Evins Farm, an Addition to the City of Fayetteville, Arkansas, as per Plat Book 3 at Page 398 and Plat Book 486 at Page 1 of said addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. /_1►101 Lot 1, Block 4, Bel Air Acres Addition to the City of Fayetteville, Arkansas, as described in deed Book 716 at Page 127. CITY OF I FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: September 13, 2021 Updated with PC hearing results from 9/13/2021 SUBJECT: RZN-2021-000063: Rezone (820 W. KELLEY ST./RICHLAND CREEK ENTERPRISES, 366): Submitted by JUSTIN CULLERS for properties located at 820 W. KELLEY ST. The properties are zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain 2 parcels with approximately 0.55 acres. The request is to rezone the properties to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2021-000063 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000063 to City Council with a recommendation of approval." BACKGROUND: The subject property, which includes parcels 765-02667-000 and 765-02666-000, is located approximately 200 feet north of the intersection of W. Sycamore Street and N. Leverett Avenue. The property contains approximately 0.55 acres and is currently developed with a single-family dwelling, which Washington County records indicate was built in 1964. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential RSF-4, Residential Single -Family — 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family — 4 Units per Acre East Multi -Family Residential RMF-40, Residential Multi -Family — 40 Units per Acre / C-1, Neighborhood Commercial West Single -Family Residential RSF-4, Residential Single -Family — 4 Units per Acre Request: The applicant is requesting to rezone the property from RSF-4, Residential Single - Family — 4 Units per Acre, to RI-U, Residential Intermediate — Urban. The applicant has stated that rezoning would allow for appropriate infill. Public Comment: Staff received public comment from a nearby property owner in opposition to the request. The neighbor issued concerns regarding the construction of multi -family dwellings. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Kelley Street. W. Kelley Street is a partially improved Residential Link street with asphalt paving and curb and gutter. The subject area also has frontage along N. Leverett Avenue. N. Leverett Avenue is a fully improved Neighborhood Link street with asphalt paving, sidewalk, and curb and gutter. Any street improvements required in the subject area would be determined at the time of development proposal. Water: Public water is available to the subject area. Existing 2.25-inch water main is present on the north side of the subject property. Existing 6-inch water main is present to the east of the property, on the west side of North Leverett Avenue. Sewer: Sanitary sewer is available to the subject area. Existing 6-inch sanitary sewer main is present on the north side of the subject property. Existing 15-inch sanitary sewer main is present on the east side of North Leverett Avenue. 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 2, located at 708 Garland Ave., protects this site. The property is located approximately 1 mile from the fire station with an anticipated drive time of approximately 3 minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. No portion of the property lies within the Hillside -Hilltop Overlay District, nor within a Streamside Protection Zone. The east side of the property lies within a FEMA Floodplain. A floodplain development review will be required at the time of permit or plan submittal for the subject property. This will restrict the type of development and impact in flood zones and may require additional documentation such as flood studies or elevation certificates, depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. There are hydric soils present on the property. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property, a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE determination of Jurisdictional Wetlands will be required at the time of development submittal. 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 City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a mix of non-residential 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 8 for this site with a weighted score of 9.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 2, 708 N. Garland Avenue) • Near Sewer Main (6" located to the north, and 15" located in N. Leverett Avenue) • Near Water Main (2.25" located to the north, and 6" located in N. Leverett Avenue) • Near Grocery Store (Harps Food Store) • Near City Park (Gregory Park) • Near Paved Trail (Scull Creek Trail, Razorback Greenway) • Near Razorback Bus Stop (North Creekside, Route 26) • 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: While the subject property is situated on the edge of a single-family residential subdivision, the surrounding area has a variety of lot sizes and land uses. The two lots within the subject property are relatively small, at about a '/4 acre each, which suggests that any future development will be limited in size. Given the building requirements and permitted uses associated with the RI-U zoning district, any future development will likely be compatible in scale with surrounding properties. In terms of land use, the subject property is located near single-family, multi- family, commercial, and industrial zoning districts. Rezoning to RI-U would permit, by right, the development of single-, two-, three-, and four -family dwellings, which appear to be compatible in use and incremental in density when compared to the surrounding area. The building height maximum for both RSF-4 and RI-U zoning districts is 3 stories, which means that rezoning would not permit the construction of any taller buildings. However, the front and rear setback requirements, lot size, and lot width requirements would all be reduced. Where RSF-4 requires a 15-foot front and rear setback, RI-U would require a 25-foot build -to -zone and a 5-foot rear setback. Also, where RSF-4 requires a lot size of 8,000 square feet and a minimum width of 70 feet, RI-U would not have a minimum lot size requirement and would only require a minimum width of 18 feet. 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 immediately across N. Leverett Avenue is zoned RMF-24, Residential Multi -Family — 24 Units per Acre, and C-1, Neighborhood Commercial, while other surrounding properties are zoned RSF-4, Residential Single -Family — 4 Units per Acre. A rezoning of this property to RI-U could act as a transition between the commercial and multi- family zoning to the east, and the single-family zoning to the north and west. The property also has a relatively high infill score of 8 with a weighted score of 9.5, which indicates that an incremental increase in density could be justified at this location, which rezoning from RSF-4 to RI-U would support. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Rezoning this property from RSF-4, Residential Single -Family — 4 Units per Acre, to RI-U, Residential Intermediate — Urban, is justified given the city's stated goal 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 the property from RSF-4 to RI-U has the potential to increase traffic in this area. However, given the size of the lots and the ability to access them via a Residential Link street, 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 subject property from RSF-4 to RI-U would have the potential to increase population density in this area in a way that would not undesirably increase the load on public services. Staff finds that the water and sewer infrastructure available to this site could support the impact that this zoning change would bring. 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-2021-000063. PLANNING COMMISSION ACTION: Required YES Date: September 13, 2021 O Tabled ® Forwarded O Denied with recommendation Motion: Sparkman of approval. Second: Winston Vote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 RSF-4, Residential Single -Family — Four (4) Units per Acre o §161.12 District RI-U, Residential Intermediate - Urban • Applicant Request Letter • Public Comment • 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 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 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." 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* * 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) Written description of request per the City of Fayetteville rezoning application A. Reason (need) for requesting the zoning change The RI-U zoning offers more with its lot standards than the current zoning of the property. With the RI-U district, the encouragement of development of the smaller scaled buildings would be a better match for the existing neighborhood. B. Statement of how the proposed rezoning will relate to the surrounding properties in terms of land use, traffic appearance and signage We believe that this zoning request is compatible with the surrounding and/or neighboring properties. One block to the north in this same sub -division a prior re -zoning request was approved changing the zoning RSF-4 to RSF-8. Directly across the street there is existing apartments on property zoned RMF-40. Approximately 200' to the south is a huge intersection with 2 parcels currently zoned C-1 caddy cornered from each other with all other properties south of said intersection currently zoned RMF-24 and greater. C. Availability of water and sewer Water and sewer are available. A 6" sewer main and 2.25" water main run east to west across the north of the property. A 6" water main and 15" sewer main are also available and located to the east along N. Leverett Ave. D. 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 of RI-U for this area allows for appropriate infill and advances the goal of City of Fayetteville to grow a livable area. E. Whether the proposed zoning is justified and/or needed at the time of request This request is needed to allow for lot splits necessary for smaller scaled buildings. F. Whether the proposed zoning will create or appreciably increase traffic danger and congestion This proposed rezoning will not change or increase the congestion or danger in traffic. G. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools and water and sewer facilities This proposed rezoning will not change or increase the load to public services. H Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification The current zoning does not allow the developer to build smaller scaled buildings which is needed to obtain the goal of growing a livable area for the City of Fayetteville. From: Melody Herr [mailto;mrherr3@att.net] Sent: Wednesday, 5eptemher 0l, 20215:49 PM To: Planning Shared <plann1ng@fayetteviIle-ar.gov> Subject: Public comment— opposition to construction at 820 W. Kelley Street, Fayetteville CAUTI ON= This email originated fro m outside of the City of Fayettevi Ile. Do net click links or open attachments unless y m recognise the sender and know the content is safe. 1 September2021 Dear City of Fayetteville Representative: As the owner of the property at 835 W. Davis St., Fayetteville, I oppose construction a.# 820 W. Kelley Street, particularly the construction of multi -family dwellings. Thank you for allowing me to make this comment. Sincerely. Melody Herr, PhD RZN-2021-000063 Close Up View BEL-AIR DR Richland Creek Ent. RSF-8 ■ —�DAVIS ST Subject Property RSF-4 • LL i 4 H Proposed RI-U —� W KELLEY-ST W J D m Mf _ SYCAMORE ST, -- r-- - - - - -- Neighborhood Link Trail (Proposed) Planning Area ;- - - Fayetteville City Limits Feet 0 75 150 300 450 1 inch = 200 feet ST :11 II 1 1 1 1 1 1 1 W CO M U Ned Zoning Acres RI-U 0.5 Total 0.5 RZN-2021-000063 Richland Creek Ent. A& Current Land Use NORTH POPL� : r , s — ! f e' �'. •t �r ST AR• MELMAR DRY r _— 3 ¢ � 1� •ram - t$i..�.; � `�,� � �� EeeU ! I F fr` r� tr t — ��'„ L y _ — BEL-AIR DR µ,9 Single -Family. Residential .7 1 A Subject Property f' 71" O Multi -Family Single -Family c $ �' I Residential u 1 9 Residential _ w o' ff of f SYCAMORE -AY - _� _ — k ' r» Commercial Multi -Family Residential' _ r'R 71 i t Neighborhood Link Trail (Proposed) Stream _; Planning Area ZZ - - -; Fayetteville City Limits Feet 0 112.5 225 450 675 1 inch = 300 feet P FEMA Flood Hazard Data too -Year Floodplain Floodway Democrat �aette p.C. gpX 1f_,Q7, _;7A TlTE;iLLE, AP. 727C2 • 479-41:2-1 00, -FAY •i19-695-1118. W'WWNY4ADG.COM AFFIDAVIT OF PUBLICATION 1, 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 6490 Was inserted in the Regular Edition on: October 10, 2021 Publication Charges: $89.68 i&AA6% 5A, *_ Brittany S ith Subscribed and sworn to before me This I t day of OC4- , 2021. &�rk I'd4l Notary Public j-- // My Commission Expires: U2-0/ **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: 6490 File Number. 2021-0728 RZN-2021-M (820 W. KELLEY ST./RICHLAND CREEK AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-W LOCATED AT 820 WEST KELLEY STREET FOR APPROXIMATELY 0.55 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 - 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 10/5/2021 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: $89.68 75475654 Oct 10, 2021