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HomeMy WebLinkAboutOrdinance 6500 F fPYf�\ ) \ \11u ��RKa NS PS 113 West Mountain Street Fayetteville,AR 72701 +, �j I i V/LF_rD (479)575-8323 r Ordinance: 6500 File Number: 2021-0802 RZN-2021-070(796 N.54TH AVE./PBS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-070 LOCATED AT 796 NORTH 54TH AVENUE FOR APPROXIMATELY 1.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY,4 UNITS PER ACRE TO RMF-6,RESIDENTIAL MULTI-FAMILY,6 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 R-A, Residential Agricultural and RSF-4, Residential Single Family,4 Units Per Acre to RMF-6,Residential Multi-Family,6 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 11/2/2021 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 020234650004 Type: REL Kind: ORDINANCE Recorded: 11/15/2021 at 01:09:59 PM Fee Amt: $30.00 Page 1 of 4 Washington County, AR Kyle Sylvester Circuit Clerk File2021-00043922 Page 1 Printed on 11/3/21 Ordinance: 6500 File Number: 2021-0802 Approve Attest: PP . i �``''�ERK !T fe/1 C'. 'Q �i oil ,..A.----___ - C11,6Licylki - ' ii Lioneld Jor an. ayor Kara Paxton. City Clerk Treasurer F��`�EV/��� ;� 1,1 . ',����OI1111o1��` Page 2 Printed on 11/3/21 RZN-2021-000070 PBS Properties RZN-2021-000070 Close Up View EXHIBIT 'A' RSF-1 • Ctio Subject Property 11.1 x F- ,CLEVENGER DR R%1F_6 • LU TACKETT DR NORTH cn - E Residential-Agricultural Feet RSF-4 ' ' Planning Area RMF-6 1_ _ _ Fayetteville City Limits 0 75 150 300 450 600 Trail (Proposed) 1 inch = 200 feet RZN-2021-000070 EXHIBIT'B' Legal Description of Parcel Number 765-16198-000: PT NE SW & PT NW SE 1.01 AC FURTHER DESCRIBED IN 2016-13405 AS: A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) AND A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4), ALL IN SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4); THENCE N89" 38'08KW 165.00 FEET; THENCE N00°47'24"E 390.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING IN N. 54TH AVENUE AND FROM WHICH A SET%" REFERENCE IRON BEARS S89°38'08'E 15.70 FEET; THENCE N00°47'24"E 114.57 FEET TO A POINT FROM WHICH AN EXISTING REFERENCE IRON BEARS S88°47'35"E 16.71 FEET; THENCE S88°47'35"E 111.98 FEET TO ASET 1/2.1RON REBAR; THENCE N72°49'23"E 64.65 FEET TO A SET 1/2" IRON REBAR;THENCE S88°59'18"E 47.75 FEET TO A SET 1/2" IRON REBAR;THENCE S44°58'02"E 29.68 FEET TO A SET I/2" IRON REBAR;THENCE S88°47'35"E 136.39 FEET TO A SET 1/2' IRON REBAR; THENCE S00°47'24"W 109.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°38'08HW 378.88 FEET TO THE POINT OF BEGINNING, CONTAINING 1.01 ACRES, MORE OR LESS. Washington County,AR I certify this instrument was filed on 11/15/2021 01:09:59 PM and recorded in Real Estate File Number 2021-00043922 Kyle Sylvester- Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2021-0802 Agenda Date: 11/2/2021 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.1 RZN-2021-070 (796 N. 54TH AVE./PBS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-070 LOCATED AT 796 NORTH 54TH AVENUE FOR APPROXIMATELY 1.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-6, RESIDENTIAL MULTI -FAMILY, 6 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 R-A, Residential Agricultural and RSF-4, Residential Single Family, 4 Units Per Acre to RMF-6, Residential Multi -Family, 6 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 111312021 City of Fayetteville Staff Review Form 2021-0802 Legistar File ID 11/2/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 10/15/2021 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2021-000070: Rezone (796 N. 54TH AVE./PBS PROPERTIES, 436): Submitted by PAUL SCHMIDT for property located at 796 N. 54TH AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.01 acres. The request is to rezone the property to RMF- 6, RESIDENTIAL MULTI -FAMILY, 6 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 NOVEMBER 2, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner DATE: October 15, 2021 CITY COUNCIL MEMO SUBJECT: RZN-2021-000070: Rezone (796 N. 54T" AVE./PBS PROPERTIES, 436): Submitted by PAUL SCHMIDT for property located at 796 N. 54TH AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.01 acres. The request is to rezone the property to RMF-6, RESIDENTIAL MULTI -FAMILY, 6 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located in west Fayetteville just south of the intersection of N. 541" Avenue and W. Wedington Drive. The property totals approximately 1.01 acres and is currently developed with one single-family dwelling which was built in 1968. Development on the property predates the annexation of this area into the City of Fayetteville in the 1980s. At that time, the surrounding area was primarily zoned R-A by default as a result of annexation. The property to the southeast was rezoned to RMF-6 in 2004 with a Bill of Assurance limiting development on the site to single - and two-family dwellings, totaling no more than 20 individual units. Request: The request is to rezone the parcel from RSF-4 and R-A to RMF-6. The applicant has stated that rezoning would allow them to build duplexes on the property by -right and extend the existing development along W. Clevenger Drive, which is a private street. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: The proposed rezoning is compatible with surrounding land use patterns in this area, which contain a mixture of residential and agricultural uses. Most properties directly adjacent to the subject area are developed with two-family dwellings. While two-family dwellings are permitted conditionally in the RSF-4 zoning district, rezoning to RMF-6 would allow for two- family dwellings by -right. Rezoning would also allow for the development of duplexes that are more compatible in density with the neighboring development along Clevenger Drive. Given the size of the site, rezoning to RMF-6 would only allow for the development of six units on the Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 property. So, while rezoning from a single- to a multi -family zoning district may appear to be intense for this location, the nature of the site would limit any future development and maintain its compatibility with the surrounding area. Land Use Plan Analysis: The proposed zoning for this property is consistent with its Future Land Use Map designation as a Residential Neighborhood Area. As desired in those areas, RMF-6 would allow for a variety of housing types that are appropriate in both scale and context. While the infill score for this site is relatively low, the availability of public services suggests that the site is able to accommodate an incremental increase in density. In terms of compatibility with the City's comprehensive plan, the proposed rezoning could support the goal of encouraging compact, complete, and connected development as well as the goal of expanding opportunities for housing. By rezoning to RMF-6, the applicant could complete the duplex development along Clevenger Drive and extend it to 54th Avenue. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 4.5 for this property. The follow elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Road) • Near Water Main (8-inch main, east side of N. 541h St.) • Near Sewer Main (6-inch main, east side of N. 54th St.) • Near City Park (Woolsey Wet Prairie) • Near Paved Trail (Woolsey Wet Prairie Trail; Wedington Trail) DISCUSSION: At the October 11, 2021 Planning Commission meeting, a vote of 8-1-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Sparkman seconded. Commissioners found this rezoning to be compatible with the surrounding area, which is primarily developed with duplexes. Commissioner Johnson, who voted against the item, expressed concerns about increasing density in a floodplain. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2021-000070 EXHIBIT'B' Legal Description of Parcel Number 765-16198-000: PT NE SW & PT NW SE 1.01 AC FURTHER DESCRIBED IN 2016-13405 AS: A PART OF THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) AND A PART OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHEAST QUARTER (SE1/4), ALL IN SECTION ELEVEN (11), TOWNSHIP SIXTEEN (16) NORTH, RANGE THIRTY-ONE (31) WEST OF THE FIFTH PRINCIPAL MERIDIAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/ 4); THENCE N89" 38'08KW 165.00 FEET; THENCE N00°47'24"E 390.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING IN N. 54TH AVENUE AND FROM WHICH A SET%" REFERENCE IRON BEARS S89°38'08'E 15.70 FEET; THENCE N00'47'24"E 114.57 FEET TO A POINT FROM WHICH AN EXISTING REFERENCE IRON BEARS 588'47'35"E 16.71 FEET; THENCE S88°47'35"E 111.98 FEET TO ASET 1/2.1RON REBAR; THENCE N72°49'23"E 64.65 FEET TO A SET 1/2" IRON REBAR; THENCE S88°59'18"E 47.75 FEET TO A SET 1/2" IRON REBAR; THENCE S44°58'02"E 29.68 FEET TO A SET 1/2" IRON REBAR; THENCE S88°47'35"E 136.39 FEET TO A SET 1/2' IRON REBAR; THENCE S00°47'24"W 109.00 FEET TO A SET 1/2" IRON REBAR; THENCE N89°38'08HW 378.88 FEET TO THE POINT OF BEGINNING, CONTAINING 1.01 ACRES, MORE OR LESS. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Services Director FROM: Gretchen Harrison, Planner MEETING DATE: October 11, 2021 Updated with results from 10/11 PC Hearing SUBJECT: RZN-2021-000070: Rezone (796 N. 54T" AVE./PBS PROPERTIES, 436): Submitted by PAUL SCHMIDT for property located at 796 N. 54TH AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and R-A, RESIDENTIAL AGRICULTURAL and contains approximately 1.01 acres. The request is to rezone the property to RMF-6, RESIDENTIAL MULTI -FAMILY, 6 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2021-000070 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2021-000070 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in west Fayetteville just south of the intersection of N. 54th Avenue and W. Wedington Drive. The property totals approximately 1.01 acres and is currently developed with one single-family dwelling which was built in 1968. Development on the property predates the annexation of this area into the City of Fayetteville in the 1980s. At that time, the surrounding area was primarily zoned R-A by default as a result of annexation. The property to the southeast was rezoned to RMF-6 in 2004 with a Bill of Assurance limiting development on the site to single - and two-family dwellings, totaling no more than 20 individual units. A full list of surrounding land uses and zoning is provided in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential R-A, Residential — Agricultural South Two-family Residential RMF-6, Residential Multi -family — 6 Units per Acre East Undeveloped RSF-4, Residential Single-family — 4 Units per Acre West Single- and Two-family Residential RSF-4, Residential Single-family — 4 Units per Acre Request: The request is to rezone the parcel from RSF-4 and R-A to RMF-6. The applicant has stated that rezoning would allow them to build duplexes on the property by -right and extend the existing development along W. Clevenger Drive. Public Comment: Staff has not received any public comment as of writing this report. INFRASTRUCTURE: Streets: The subject area has frontage along N. 54th Avenue. N. 541h Avenue is a partially improved Residential Link street with asphalt paving and open ditches. The subject area also has frontage along W. Clevenger Drive. W. Clevenger Drive is a partially improved Private Drive street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at the time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present on the east side of N. 54th Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the east side of N. 54th Avenue. Drainage: Any additional improvements or requirements for drainage will be determined at the time of development. No Protected Streams or Hydric Soils are present in the subject area, and no portion of the property lies within the Hillside -Hilltop Overlay District. However, a portion of the property does lie within a FEMA Floodplain. A floodplain development review will be required at the time of permit or plan submittal. 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. Fire: Fire apparatus and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. This property is served by Fayetteville Fire Station 7, located at 835 N. Rupple Road. The property is located approximately 1.9 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be 6.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Tree Preservation: The current zoning district, Residential Single-family — 4 Units per Acre, requires 25% minimum canopy preservation. The proposed zoning district, Residential Multi -family — 6 Units per Acre, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as a 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, multi -family, and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity, non-residential uses intended to serve the surrounding neighborhoods. 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 an average score of 4.5 for this site with a weighted score of 4.5. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #7, 835 N. Rupple Road) • Near Water Main (8-inch main, east side of N. 541h St.) • Near Sewer Main (6-inch main, east side of N. 54th St.) • Near City Park (Woolsey Wet Prairie) • Near Paved Trail (Woolsey Wet Prairie Trail; Wedington Trail) 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 rezoning is compatible with surrounding land use patterns in this area, which contain a mixture of residential and agricultural uses. Most properties directly adjacent to the subject area are developed with two-family dwellings. While two-family dwellings are permitted conditionally in the RSF-4 zoning district, rezoning to RSF-6 would allow for two-family dwellings by -right. Rezoning would also allow for the development of duplexes that are more compatible in density with the neighboring development along Clevenger Drive. Given the size of the site, rezoning to RMF-6 would only allow for the development of six units on the property. So, while rezoning from a single- to a multi -family zoning district may appear to be intense for this location, the nature of the site would limit any future development and maintain its compatibility with the surrounding area. Land Use Plan Analysis: The proposed zoning for this property is consistent with its Future Land Use Map designation as a Residential Neighborhood Area. As desired in those areas, RMF-6 would allow for a variety of housing types that are appropriate in both scale and context. While the infill score for this site is relatively low, the availability of public services suggests that the site is able to accommodate an incremental increase in density. In terms of compatibility with the City's comprehensive plan, the proposed rezoning could support the goal of encouraging compact, complete, and connected development as well as the goal of expanding opportunities for housing. By rezoning to RMF-6, the applicant could complete the duplex development along Clevenger Drive and extend it to 54th Avenue. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to RMF-6. While the property could be developed for duplexes, the applicant's intended land use, under a conditional use permit in RSF-4, rezoning to RMF- 6 would allow for the construction of an additional duplex on the site. This would allow for density that better compliments the existing development along W. Clevenger Drive. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF-6 would increase traffic to this location above the potential of the current zoning district, but the impact is not expected to be significant. The subject property is near Wedington and Persimmon which feed directly into a wider street network. 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 RMF-6 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant. 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; There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2021-000070 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: October 11, 2021 O Tabled ® Forwarded O Denied with a recommendation of Motion: Garlock approval (Second: Sparkman (Vote: 8-1-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 - District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.03 —District R-A, Residential -Agricultural o §161.13 - District RMF-6, Residential Multi -Family - Six (6) Units Per Acre • Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.07 District RSFA 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. 161.03 District R-A, Residential -Agricultural (A) Purposes. The regulations of the agricultural district are designed to protect agricultural land until an orderly transition to urban development has been accomplished; prevent wasteful scattering of development in rural areas; obtain economy of public funds in the providing of public improvements and services of orderly growth; conserve the tax base; provide opportunity for affordable housing, increase scenic attractiveness; and conserve open space. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 3 Public protection and utility facilities Unit 6 Agriculture Unit 7 Animal husbandry Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 37 Manufactured homes Unit 41 Accessory dwellings Unit 43 Animal boarding and training Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 20 Commercial recreation, large sites Unit 24 Home occupations Unit 35 Outdoor Music Establishments Unit 36 Wireless communications facilities Unit 42 Clean technologies (C) Density. Units per acre I One-half '/2 (D) Bulk and Area Regulations. Lot width minimum 200 feet Lot Area Minimum: Residential: 2 acres Nonresidential: 2 acres Lot area per dwelling unit 2 acres (E) Setback Requirements. Front Side Rear 35 feet 20 feet 35 feet (F) Height Requirements. There shall be no maximum height limits in the R-A District, provided, however, if a building exceeds the height of one (1) story, the portion of the building over one (1) story shall have an additional setback from any boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over one (1) story shall be equal to the difference between the total height of that portion of the building and one (1) story. (G) Building area. None. 161.13 District RMF-6, Residential Multi -Family —Six (6) Units Per Acre (A) Purpose. The RMF-6 Multi -family Residential District is designed to permit and encourage the development of multi -family residences at a low density that is appropriate to the area and can serve as a transition between higher densities and single-family residential areas. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -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 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 6 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 50 feet Two 2 family 50 feet Three and more 1 90 feet Professional offices 1 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a Manufactured home ark 4,200 square feet Townhouse: Individual lot 2,500 square feet Single-family 6,000 square feet Two-family 7,000 square feet Three or more 9,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acre (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 25 feet 5 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. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single-family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% 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. PBS PROPERTIES, LLC PO BOX 1287 BENTONVILLE, ARKANSAS 72712 (501)681-6690 paul@rentpbs.com AUGUST 31 st, 2021 CITY OF FAYETTVILLE-PLANNING DIVISION 125 WEST MOUNTAIN STREET FAYETTEVILLE, ARKANSAS 72701 Attn: Andrew Harrison: RE: Rezoning 796 North 54th Avenue; Fayetteville, Arkansas Andrew thank you for taking the time to speak to me earlier regarding rezoning the property located at 796 North 54th Avenue in Fayetteville, Arkansas. As we discussed, we are looking to rezone this property from it's current zoning of RS-4 to RMF-6. I have already called in and discussed this with the planner that was on duty at the time, and they indicated that this would be something that the Planning Division could support. My company, PBS Properties, LLC already owns the land adjacent to the property at 796 North 54th Avenue; Fayetteville, Arkansas, and our property is already zoned RMF-6. Our plans would be to add additional units off of our property on Clevenger Drive and feel that this would be the highest and best use of this property. Thank you for your time and consideration of this rezoning request. Please let us know if you have any questions for me regarding our rezoning request or if you need for me to provide any additional information. Sincerely, Paul A. Schmidt Jr. President of PBS Properties, LLC RZN-2021-000070 PBS properties A& One Mile View NORTH 0 0.125 0.25 0.5 Miles RSF-4 ' Z ' Z i N � i R1-U ' i - - - _ RI-12 - - - W i a ----- --- — ----- Subject Property !DRY--------------r�----- -P� F JjJM i%t__U^� -6 1 W RSF-8 Q i � y � W �PE - - MMONIST�� Ca RSIMMON ST A RSF-1 i - Regional Link '-- Zoning �I-2 General lntlusld9 RESIDENTIAL SINGLE-FAMILY EXTRACTION M NI E-1 — Neighborhood Link �RI-U .RI-12 NS-L COMMERCIAL Ras;tlanl;al-oraa C-1 ff Neighborhood Link Planned Nei 9 �Rea;danl;al-Agra""oral RSF.S 1111111 °-2 � C3 ff Planned Residential Link - - — RSF-, RSF-2 RSF-0 FORM BASED DISTRICTS �oawnlawn Dora � urmn Tnamagnrara — — — Shared -Use Paved Trail RSF-) RSF-a RSF-1S Main Street Center �oawnla,-�e"oral ComnonSeS-i - - - Trail (Proposed) RE RESIDENTIAL MULTI -FAMILY Naighbadma.Services ad RMF-s 0. RM112 � Ne;gnbamaaa canaeradan f ' Fayetteville City Limits I - - - - � � - - - - -- I PLANNED ZONING DISTRICTS � Comnarcial, Industrial, Reaidenlial I Planning Area ----�- ' �RMFE° �RMF-00 INSTITUTIONAL - `Planning Area Fayetteville City Limits ___ INDUSTRIAL -, Heavy Camoarcial �P-1 and Light lndoaV;al RZN-2021-000070 PBS Properties Current Land Use NORTH 1 -- i WEDINGTWDR Church, £. . r Single -Family Residential A;^, i Subject Property Single -Family Residential W Q Multi -Family Residential •. Single -Family " t' ' Residential 1 �--' V r R r t VIK'�,. FEMA Flood Hazard Data 100-Year Floodplain Regional Link Feet Floodway Trail (Proposed) Planning Area 0 112.5 225 450 675 900 ' ' Fayetteville City Limits 1 inch = 300 feet RZN-2021-000070 Future Land Use PBS Properties NORTH LLJ --------------- a ' w �w a ;a w -= ---- ^------------------- I� ---------------------- --r'•I-.------ WEDINGTON_DR— --------------------------`t-- -------------------------- — MICHAEL COLE DR TACKETT DR 441 Q w W_ W Z W GREENS CHAPEL RD Regional Link w U Z Q � Z U co Z�w a 0 U Planning Area Fayetteville City Limits Trail (Proposed) CLEVENGER'DR Feet 0 145 290 580 Residential Neighborhood 870 1,160 1 inch = 400 feet Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood Rural Residential Urban Center NoxTxvvEr AiucArW Democrat AR& F.0 9Cx i607. FAYETTE'ViLLE, nR, 72702 • 4794• 2-1?00 • FAX 479.595-I118 • WWW.,N'WADG.COM AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6500 Was inserted in the Regular Edition on: November 7, 2021 - Publication Charges: $92.72 Brittany Smith Subscribed and sworn to before me This g day of N, ✓ , 2021. Notary Pu lic i My Commission Expires: �Io **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: 6500 File Number: 2021-0902 RZN-2021-070 (796 N. 54TH AVE./PBS PROPERTIES): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 21-070 LOCATED AT 796 NORTH 54TH AVENUE FOR APPROXIMATELY 1.01 ACRES FROM R-A, RESIDENTIAL AGRICULTURAL AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-6, RESIDENTIAL MULTI- FAMILY, 6 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 R-A, Residential Agricultural and RSF4, Residential Single Family, 4 Units Per Acre to RMF-6, Residential Multi - Family, 6 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 I. PASSED and APPROVED on 11 /2r2021 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by- The City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: S 92.72. 75486511 Nov 7, 2021