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Home My WebLink AboutOrdinance 6556RZN-2022-000008 Siemek EXHIBIT'A' Close Up View RZN-2022-000008 RSF-4 Regional Link - High Activity Trail (Proposed) 16, _ _� Planning Area — —� Fayetteville City Limits iU Q f - . . - - -I RSF-8 Feet 0 75 150 300 450 600 1 inch = 200 feet I r I I I I I 3 I I I I _ I I I r I I I I I I I I . I RI-12 Z J } W NORTH Zonina Acres NC 0.5 Tota 1 0.5 EXHIBIT 'B' RZN-2022-000008 PROPERTY DESCRIPTION Parent Tract Tract "E", Greenbriar Addition to the City of Fayetteville, Arkansas, Washington County, Arkansas, containing 0.47 of an acre and subject to any Easements of Record. Lot E-1 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Commencing at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence leaving said right of way line and along the North line of said Tract "E", North 87 degrees 18 minutes 13 seconds West, 107.27 feet to a set nail and the Point of Beginning. Thence leaving the North line of Tract "E", South 03 degrees 11 minutes 53 seconds West, 87.56 feet to a set rebar with cap on the South line of Tract "E". Thence along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 125.85 feet to a set rebar with cap marking the Southwest Corner of Tract "E", said point being on the East right of way line of South Ray Avenue. Thence along the West line of said Tract "E" and said right of way line, North 03 degrees 11 minutes 50 seconds East, 87.54 feet to a set rebar with cap marking the Northwest Corner of Tract "E". Thence leaving said right of way line and along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 125.86 feet to the Point of Beginning, containing 0.25 of an acre and subject to any Easements of Record. Lot E-2 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Beginning at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence along the East line of said Tract "E" and said right of way line, South 02 degrees 40 minutes 39 seconds West, 87.57 feet to a set nail marking the Southeast Corner of Tract "E". Thence leaving said right of way line and along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 108.07 feet to a set rebar with cap. Thence leaving said South line, North 03 degrees 11 minutes 53 seconds East, 87.56 feet to a set nail on the North line of Tract "E". Thence along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 107.27 feet to the Point of Beginning, containing 0.22 of an acre and subject to any Easements of Record. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0255 Agenda Date: 4/19/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD 1 FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation. 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 412012022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0255 Legistar File ID 4/5/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 3/18/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF APRIL 5, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: March 18, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: City Planning staff recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. The Planning Commission recommend approval to rezone the subject property to RSF-8, Residential Single -Family, 8 Units per Acre. BACKGROUND: The subject property is in southeast Fayetteville at 608 S. Ray Avenue, with additional street frontage along S. Dockery along the property's east side. The property contains 0.47 acres and is developed with 1 single-family dwelling that Washington County records indicate was constructed in 1954. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant has indicated an intent to construct additional single-family dwellings on the property. Public Comment: Staff received inquiries about the request, and one member of the public spoke against the request at the Planning Commission meeting. Land Use Compatibility: From a use and density perspective, the applicant's request is compatible with the surrounding area. The by -right use allowances in each zoning district are identical. The surrounding land uses are primarily characterized by low -density, single-family dwellings and RSF-4 zoning. To the east is zoned RMF-24, Residential Multi -Family, 24 units per Acre, with an existing development of 6 duplexes on the site. Where the request may not be fully compatible with the current land use surroundings is with the build -to -zone requirement associated with the NC zoning district. While the properties along the S. Ray Avenue frontage are required to have a minimum of a 15-foot building setback, most of the homes are set back significantly farther, closer to 50 feet from the existing right-of-way. Any redevelopment of the property to an NC, Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Neighborhood Conservation standard could potentially alter the streetscape significantly at just this one location, by requiring a 0- to 25-foot build -to -zone rather than a front setback. A slightly more incremental request to an RSF-8 may be more compatible with the existing regulating pattern along S. Ray Avenue. On the balance of issues, however, staff finds that the request is overall compatible, given the multi -family uses to the east, the moderate infill score, and the use allowances. 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 a variety of housing types of varying scale and density, where appropriate. The infill score is moderate, and the applicant's request would provide an incremental increase in allowable density that would be compatible with that score. The request would be compatible with Goal #1 of making infill the highest priority, Goal #4 of increasing density close to available transit, and with Goal #6 of creating more opportunities for attainable housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 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 (S. Ray Avenue, S Dockery Lane) • Near Water Main (S. Ray Avenue, S Dockery Lane) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (Route 20) DISCUSSION: At the February 28, 2022 Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval, though the Commission recommended a rezoning to RSF-8, rather than NC, Neighborhood Conservation. Commissioner Belden made the motion and Commissioner Sharp seconded. Commissioners found that a rezoning to RSF-8 was more consistent with prevailing lot widths and setbacks in the area. Commissioners also found that alternatives to subdividing the lot in the applicant's intended way existed through other means such as seeking a tandem lot request or by seeking a Board of Adjustment variance. The owner's representative expressed reluctance to revise their client's request from NC to RSF-8 given the uncertainty in being able to complete the envisioned project without additional discretionary approval. One member of the public spoke in opposition to the request at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B 0 Planning Commission Staff Report RZN-2022-000008 Siemek EXHIBIT'A' RZN-2022-000008 Close Up View Me Subject Property -24 i RSF-4 i i i W i i Q } a Propose NC i RSF-8 i i RI-12 C-1 Z J � HUNT$ V� C-2 UJI NS-L -le Z J i o ------- I-2 NS-G W NORTH V Zoning Acres NC 0.5 Regional Link - High Activity Feet - - - Trail (Proposed) Planning Area 0 75 150 300 450 600 - - Fayetteville City Limits 1 inch = 200 feet Total 0.5 - -, EXHIBIT 'B' RZN-2022-000008 PROPERTY DESCRIPTION Parent Tract Tract "E", Greenbriar Addition to the City of Fayetteville, Arkansas, Washington County, Arkansas, containing 0.47 of an acre and subject to any Easements of Record. Lot E-1 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Commencing at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence leaving said right of way line and along the North line of said Tract "E", North 87 degrees 18 minutes 13 seconds West, 107.27 feet to a set nail and the Point of Beginning. Thence leaving the North line of Tract "E", South 03 degrees 11 minutes 53 seconds West, 87.56 feet to a set rebar with cap on the South line of Tract "E". Thence along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 125.85 feet to a set rebar with cap marking the Southwest Corner of Tract "E", said point being on the East right of way line of South Ray Avenue. Thence along the West line of said Tract "E" and said right of way line, North 03 degrees 11 minutes 50 seconds East, 87.54 feet to a set rebar with cap marking the Northwest Corner of Tract "E". Thence leaving said right of way line and along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 125.86 feet to the Point of Beginning, containing 0.25 of an acre and subject to any Easements of Record, Lot E-2 Part of Tract "E", Greenbriar Addition to the City of Fayetteville, Washington, County, Arkansas being more particularly described as follows: Beginning at a set rebar with cap marking the Northeast Corner of Tract "E", said point being on the West right of way line of South Dockery Lane. Thence along the East line of said Tract "E" and said right of way line, South 02 degrees 40 minutes 39 seconds West, 87.57 feet to a set nail marking the Southeast Corner of Tract "E". Thence leaving said right of way line and along the South line of said Tract "E", North 87 degrees 17 minutes 45 seconds West, 108.07 feet to a set rebar with cap. Thence leaving said South line, North 03 degrees 11 minutes 53 seconds East, 87.56 feet to a set nail on the North line of Tract "E". Thence along the North line of said Tract "E", South 87 degrees 18 minutes 13 seconds East, 107.27 feet to the Point of Beginning, containing 0.22 of an acre and subject to any Easements of Record. 1p".- - TO: FROM: CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS MEETING DATE Fayetteville Planning Commission Jessie Masters, Development Review Manager February 28, 2022 Updated with PC hearing results from 2/28/2022 SUBJECT: RZN-2022-000008: Rezone (608 S. RAY AVE./SIEMEK, 526): Submitted by SATTERFIELD LAND SURVEYORS, INC. for property located at 608 S. RAY AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.47 acres. The request is to rezone the properties to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN-2022-000008 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000008 to City Council with a recommendation of approval." BACKGROUND: The subject property is in southeast Fayetteville at 608 S. Ray Avenue, with additional street frontage along S. Dockery along the property's east side. The property contains 0.47 acres and is developed with 1 single-family dwelling that Washington County records indicate was constructed in 1954. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Duplexes/Mixed-Density Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to NC, Neighborhood Conservation. The applicant has indicated an intent to construct additional single-family dwellings on the property. Public Comment: Staff has not received any public comment on this item INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along S. Ray Avenue, which is a partially improved Residential Link street with asphalt paving and sidewalk. The subject area also has frontage along S. Dockery Lane, which is a partially improved Residential Link street with asphalt paving and open ditches. Any street improvements required in Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 1 of 12 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 along the west side of S. Ray Avenue. An existing 8-inch water main is present along the east side of S. Dockery Lane. Sewer: Sanitary sewer is available to the subject area. An existing 6-inch sanitary sewer main is present along the center of S. Ray Avenue. An existing 6-inch sanitary sewer main is present along the west side of S. Dockery Lane. 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 Rd., protects this site. The property is located approximately 0.4 miles from the fire station with an anticipated drive time of approximately 1 minutes 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: Any additional improvements or requirements for drainage will be determined at time of development. No portion of the site is within the Hillside -Hilltop Overlay District, nor is there a protected stream in the area. No portion of the side lies within a FEMA floodplain. Hydric soils are present throughout 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 NC, Neighborhood Conservation requires 20% 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 Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 2 of 12 and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 6 for this site, with a weighted score of 7. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (S. Ray Avenue, S Dockery Lane) • Near Water Main (S. Ray Avenue, S Dockery Lane) • Near Public School (Happy Hollow Elementary) • Near City Park (Mt. Sequoyah Woods) • Near ORT Bus Stop (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: From a use and density perspective, the applicant's request is compatible with the surrounding area. The by -right use allowances in each zoning district are identical. The surrounding land uses are primarily characterized by low -density, single-family dwellings and RSF- 4 zoning. To the east, however, is zoned RMF-24, Residential Multi -Family, 24 units per Acre, with an existing development of 6 duplexes on the site. Where the request may not be fully compatible with the current land use surroundings is with the build -to -zone requirement associated with the NC zoning district. While the properties along the S. Ray Avenue frontage are required to have a minimum of a 15-foot building setback, most of the homes are set back significantly farther, closer to 50 feet from the existing right-of- way. Any redevelopment of the property to an NC, Neighborhood Conservation standard could potentially alter the streetscape significantly at just this one location, by requiring a 0- to 25-foot build -to -zone rather than a front setback. A slightly more incremental request to an RSF-8 may be more compatible with the existing regulating pattern along S. Ray Avenue. On the balance of issues, however, staff finds that the request is overall compatible, given the multi -family uses to the east, the moderate infill score, and the use allowances. 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 a variety of housing types of varying scale and density, where appropriate. The infill score is moderate, and the applicant's request would provide an incremental increase in allowable Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 3 of 12 density that would be compatible with that score. The request would be compatible with Goal #1 of making infill the highest priority, Goal #4 of increasing density close to available transit, and with Goal #6 of creating more opportunities for attainable housing. 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 NC would be consistent with the property's Future Land Use Map designation as a "Residential Neighborhood Area." It is, however, not clear whether rezoning the property is ultimately needed in order for the applicant to develop their property to their intent. 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 NC would potentially increase traffic to the site, but not likely in an undesirable way. The property with its current acreage of 0.47 acres would potentially be able to develop 4 total units on the property under NC, which is not likely to negatively affect traffic along S. Ray Avenue or S. Dockery Lane. The property is also located close to an Ozark Regional Transit stop along E. Huntsville, which could also potentially help absorb additional dwelling units. 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 NC would potentially increase the population density on this particular site, from 1 unit to potentially 4 units. Given the overall size of the lot, however, staff does not find that this would be to an undesirable degree, given the existence of water and sewer facilities, and the proximity to a public school. The Fayetteville school district did not comment on the request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2022-000008. Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 4 of 12 PLANNING COMMISSION ACTION: Required YES Date: February 28, 2022 O Tabled Forwarded O Denied with a recommendation of Motion: Belden approval for RSF-8, Residential Second: Sharp Single -Family, 8 Units per Acre jVote: 7-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre o §161.29 Neighborhood Conservation • 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 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 I Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 5 of 12 (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." 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Planning Commission February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 6 of 12 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 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business' Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side 5 feet Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; Ord. No. 6427 , §§l (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 February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 7 of 12 608 S Ray is appropriate for rezoning to NC due to multiple parcels to the South being lot split and additional homes being built. There is existing infrastructure and precedent for infill. A rezoning to NC would allow the possibility for an additional structure to be built in the future on its' own parcel. Planning Commissioh February 28, 2022 Agenda Item 10 RZN 22-000008 Siemek Page 8 of 12 RZN-2022-000008 Siemek One Mile View NORTH Io 0 0.125 0.25 0.5 Miles r P-1 Cr I] ---- 0 ------ Co RPZD U RSF-8 MSC RSF-4 I . I WYMAN R Subject Property I � I � I I I I I I I I I 1 I I C-2 I 1 1 O J J CS 0 2 I } I a I a I I' R-A RMF-24 1y�N, I-2 I I-1 I Zoning -2 G—.1 lh—trial t--- RESIDENTIAL SINGLE-FAMILY EXTRACTION �NBG =11 COMMERCIAL RI- Rasid-b.1-GMoa NSL C-1 � RaaiU-.I-Agi-h- � C-2 Neighborhood Link Rs Nei �`' g RSF-, FORM BASED DISTRICTS - RSF-2 Doxntoxn Care Regional Link - High Activity RSF =Uroa T"° hare 9 9 Y ❑ Mafn west Camar RSoo— canarel RSF-18 Community—. — — — Trail (Proposed) RESIDENTIAL MULTI -FAMILY Naighb—d S—ii IIIIIIIII Neighb°rM°U Canaervatian t Q RMF-,2 � ,Fayetteville City Limits ,_____ ;-----1 PLANNED ZONING DISTRICTS �RnnF-,fi �Cammamial,InUuaNal,RasiUan„a, Planning Area - '=- �R^'F-20 INSTITUTIONAL Iw,F-ao IT Planning Area Fayetteville City Limits ND11 ti—yGommareialanELight Ind.— Planning Conim 8, ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 9 of 12 RZN-2022-000008 Siemek Close Up View RSF-4 C-1 HUNTS V� I-2 - Regional Link - High Activity - - - Trail (Proposed) - -, Planning Area - -, Fayetteville City Limits vow W C-2 40 Subject Property NC RSF-8 z J W �- Q: w NS-L U O NS-G 0 Feet 0 75 150 300 450 1 inch = 200 feet M. 5 z .J W NORTH 2 Zoning Acres NC 0.5 Total 0.5 Planning CQW ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 10 of 12 RZN-2022-000008 Siemek Current Land Use oil 77! Single -Family Residential �ly - Subject Property r ! y - Single -Family Residential W Q Mixed -Density Residential O E 0 Single -Family Residential . 1, a� �w. `S 'o. e �'' '3'• .} .� r. Zone,A Olt �4b ` HUNTSVILLE RDEr �� Al a I •. 4tit �� r;. � ' r}�j � •� ti FAIRLANEST FEMA Flood Hazard Data Neighborhood Link 100-Year Floodplain Regional Link - High Activity Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 � 'Planning Area 1 inch = 300 feet 'Fa etteville City Limits Planning Co m 8, ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 11 of 12 RZN-2022-000008 Future Land Use Residential Neighborhood 0-4TH ST O ..I ..I O x 5TH ST- a a Q x VALYN'M■ CIR Neighborhood Link Regional Link - High Activity Planning Area - -, Fayetteville City Limits - - - Trail (Proposed) Siemek NORTH I � , I \ I I � I I I Civic and Private Open Space \ Civic \ Institutional \ I I \ I � Subject Property - - - - - - -_-I I Z I v I W � Y ' U O p City Neighborhood I i I I I r Z _ _J 'A" W --m - - - - HUNTSVILLE RD Iz Feet 0 145 290 580 870 1 inch = 400 feet Natural City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 1,160 Residential Neighborhood L Rural Residential Urban Center Planning Cc ssion 2022 Agenda Item 10 RZN 22-000008 Siemek Page 12 of 12 DemoteOnette AP. 72; 12 . r7�•J�> !? � • F,:Y' 1 Q 45. �� :� p a1 • ,&C • i_•�. !li$ � ,�' It .:'>reiC�._ :'i; 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 6556 Was inserted in the Regular Edition on: April 24, 2022 Publication Charges: $85.12 Brittany Smith Subscribed and sworn to before me This 2S day of op , 2022. aZ4' LL� Notary Public j 2 14 My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. Cathy (Niles Benton COUNTY NOTARY PUBLIC —ARKANSAS My Commission Expires 02-20-2024 Commission No.12397118 Ordinance: 6556 File Number: 2022-0255 RZN-2022-008 (608 S. RAY AVE./SIEMEK): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-008 LOCATED AT 608 SOUTH RAY AVENUE IN WARD I FOR APPROXIMATELY 0.47 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map ofthe City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 4r19n022 Approved: Lioneld Jordan, Mayor Attest: Kam Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $95.12. 75544961 Apr 24; 2022