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Home My WebLink AboutOrdinance 6559RZN-2022-000013 Graham House, LLC EXHIBIT 'A' Close Up View I RZN-2022-000013 RESEARCH CENTER BLVD I -I CATO Spy RIN "'k �m Regional Link Neighborhood Link Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits — — Shared -Use Paved Trail Trail (Proposed) NONNAMAKER np MM C_ I RSF-4 .�r � F f NORTH RSF-4 M RMF-24 1-1 Heavy Commercial and Light Industrial M C 1 Feet C-2 Community Services 0 75 150 300 450 600 1W P-1 1 inch = 200 feet EXHIBIT'B' RZN-2022-000013 Part of the NW 114 of the NE 114 of Section 28, Township 16 North, Range 30 West, Washington County, Arknnrus, being mare particularly described as follows, to -wit. Beginning at it point which is 436.% feet West of the NE corner of said 40 acre tract, and running thence S 1103W W 136.4 feet, more or leas, to the centerline of a 20 foot roadway; thence N 7805' W with the centerline of said roadway to the centerline of U.S. Highway No. 71; thence N 12022' E with the ceotorli to of said Highway 7.5 rods to the North Use of said 40 acre tract; thence East 415 feet to the point of beginning, containing 1.35 acres, more or less. Subject to a:: easeineut over and upon the South 10 feet thereof for roadway purposes. LESS AND EXCEPT that portion thereof embrace! within 131ghway No. 71. Subject to easements, rights-of-wey, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0305 Agenda Date: 4/19/2022 Version: 1 Status: Passed In Control: City Council Meetinq Agenda Number: C.3 File Type: Ordinance RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD I FOR APPROXIMATELY 1.35 ACRES FROM C-2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 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 C-2, Thoroughfare Commercial to CS, Community Services. 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 2022-0305 Legistar File ID 4/19/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/1/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22ND ST in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. 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 19, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 1, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22ND ST in WARD 1. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. 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 in south Fayetteville at the northeast corner of the intersection of W. 22nd Street and S. School Avenue. Zoned C-2, Thoroughfare Commercial, the property contains 1.35 acres and is undeveloped. The property slopes upward to the east from S. School Avenue at an approximately 10% grade for approximately 50 feet, and then is generally flat. The property is at the southernmost boundary of the 71-B Master Plan area. Request: The request is to rezone the property to CS, Community Services from C-2, Thoroughfare Commercial. The applicant has not submitted any additional development plans, but has submitted a request to vacate a water/sewer easement that is currently on the property (VAC-2022-000006). Public Comment: Staff received no public comment regarding this request. Land Use Compatibility: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. To the east and north are residential uses of varying densities, to the west is commercial, and to the south is industrial. CS zoning has a form -based intent, which promotes walkable development patterns and higher standards for architectural design. The allowable building heights in CS is up to 5 stories, with a 10-foot setback from the front property line. The variety of surrounding land uses, lot sizes, and building types makes the request compatible. From a use perspective, the property's current zoning allows for high -intensity auto uses by -right, including drive-thru restaurants and gas stations, as well as auto repair and services. The property is also within the 71-B Master Plan area, which specifies an Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 intent to establish regulations that improve the compatibility of auto uses by implementing form - based standards to improve street definition and introduce opportunities for mixed -use development; staff finds this zoning district is in line with this intent. 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 City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request has the potential to meet goal #3, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by potentially introducing a variety of housing types in the area and help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 8 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #9, 2250 S. School Avenue) • Near Sewer Main (8" through the property, 8" along S. School Avenue) • Near Water Main (8" along S. School Avenue, 6" along W. 22nd Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch) • Near ORT Bus Stop (ORT Route 20) • Appropriate Future Land Use (City Neighborhood) • Near 71 B Corridor DISCUSSION: At the March 28, 2022 Planning Commission meeting, a unanimous vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Belden made the motion and Commissioner Sparkman seconded. Commissioners offered little comment, finding the request to be appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-000013 Close Up View RESEARCH CENTER BLVD 1-1 CATO SPRINGS O 41 CIO I � Regional Link Neighborhood Link Graham House, LLC NONNAMAKER DR Subject Property EXHIBIT 'A' RZN-2022-000013 C-1 S7' RSF-4 �� P-1 �0 NORTH Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Shared -Use Paved Trail Trail (Proposed) Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 RMF-24 1-1 Heavy Commercial and Light Industrial C-1 C-2 Community Services P-1 RSF-4 �� P-1 �0 NORTH Hillside -Hilltop Overlay District ` Planning Area L — I Fayetteville City Limits — — — Shared -Use Paved Trail Trail (Proposed) Feet 0 75 150 300 450 600 1 inch = 200 feet RSF-4 RMF-24 1-1 Heavy Commercial and Light Industrial C-1 C-2 Community Services P-1 EXHIBIT 'B' RZN-2022-000013 Part of the NW 1/4 of the NE 1/4 of Section 28, Township 16 North, Range 30 West, Washington County, Arkansas, being more particularly described as follows, to -wit. Beginning at a point which is 436.96 feet West of the NE corner of said 40 acre tract, and running thence S I 1*30' W 186.4 feet, more or less, to the centerline of a 20 foot roadway; thence N 78°5' W with the centerline of said roadway to the centerline of U.S. Highway No. 71; thence N 12022' E with the centerline of said Highway 7.5 rods to the North line of said 40 acre tract; thence East 415 feet to the point of beginning, containing 1.35 acres, more or less. Subject to an casement over and upon the South 10 feet thereof for roadway purposes. LESS AND EXCEPT that portion thereof embraced within Highway No. 71. Subject to easements, rights -of -way, and protective covenants of record, if any. Subject to all prior mineral reservations and oil and gas leases. CITY OF _' FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: March 28, 2022 (Updated with Planning Commission Results) SUBJECT: RZN-2022-000013: Rezone (NE OF S. SCHOOL AVE. & W. 22ND STJGRAHAM HOUSE, LLC., 640): Submitted by FLINTLOCK, LTD. for property located NE OF S. SCHOOL AVE. & W. 22N1 ST. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.35 acres. The request is to rezone the property to CS, COMMUNITY SERVICES. RECOMMENDATION: Staff recommends forwarding RZN-2022-000013 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-000013 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville at the northeast corner of the intersection of W. 22nd Street and S. School Avenue. Zoned C-2, Thoroughfare Commercial, the property contains 1.35 acres and is undeveloped. The property slopes upward to the east from S. School Avenue at an approximately 10% grade for approximately 50 feet, and then is generally flat. The property is at the southernmost boundary of the 71-B Master Plan area. 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 CS, Community Services South Industrial/Commercial 1-1, Heavy Commercial and Light Industrial East Low -Density Residential RSF-4, Residential Single -Family, 4 Units per Acre West Commercial C-2, Thoroughfare Commercial Request: The request is to rezone the property to CS, Community Services from C-2, Thoroughfare Commercial. The applicant has not submitted any additional development plans, but has submitted a request to vacate a water/sewer easement that is currently on the property (VAC-2022-000006). Public Comment: Staff has not received any public comment on this item. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the west side of S. School Avenue. S. School Avenue is a partially improved Regional Link street with asphalt paving, curb, Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 1 of 15 gutter, and sidewalk. The subject area has frontage along the north side of W. 22nd Street, which is a partially improved Residential Link street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present along the east side of S. School Avenue. An existing 4-inch water main is present along the north side of W. 22nd Street. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sanitary sewer main is present along the west side of S. School Avenue. An existing 8-inch sanitary sewer main is present inside the subject property. An existing 6-inch sanitary sewer main is present along the north side of W. 22nd Street. 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 9, located at 2250 S School Ave., protects this site. The property is located approximately 0.1 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 located within a FEMA floodplain, there are no hydric soils on site, and there is not a protected stream on the site. The property is not located within the Hillside -Hilltop Overlay District. Tree Preservation: The proposed zoning district of C-2, Thoroughfare Commercial requires 15% minimum canopy preservation. The requested zoning districts of CS, Community Services, requires 20% 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: Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 2 of 15 • Adequate Fire Response (Station #9, 2250 S. School Avenue) • Near Sewer Main (8" through the property, 8" along S. School Avenue) • Near Water Main (8" along S. School Avenue, 6" along W. 2211 Street) • Near City Park (Walker Park) • Near Paved Trail (Town Branch) • Near ORT Bus Stop (ORT Route 20) • Appropriate Future Land Use (City Neighborhood) • Near 71 B Corridor FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property is a mix of land uses, and staff finds that the applicant's request is compatible with those surroundings. To the east and north are residential uses of varying densities, to the west is commercial, and to the south is industrial. CS zoning has a form -based intent, which promotes walkable development patterns and higher standards for architectural design. The allowable building heights in CS is up to 5 stories, with a 10-foot setback from the front property line. The variety of surrounding land uses, lot sizes, and building types makes the request compatible. From a use perspective, the property's current zoning allows for high -intensity auto uses by -right, including drive-thru restaurants and gas stations, as well as auto repair and services. The property is also within the 71-B Master Plan area, which specifies an intent to establish regulations that improve the compatibility of auto uses by implementing form -based standards to improve street definition and introduce opportunities for mixed -use development; staff finds this zoning district is in line with this intent. 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 City Neighborhood Area, which indicates an intent for more densely developed residential in close, connected proximity to commercial and neighborhood services. This zoning request has the potential to meet goal #3, by growing the potential for a more compact, complete, and connected development pattern. The request will also create opportunities for attainable housing by potentially introducing a variety of housing types in the area, and help grow a livable transportation network (goal #4) by bringing added density to an area with existing transit stops. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from C-2 to CS is justified to bring the area into agreement with the "City Neighborhood" designation at this site, which would allow a mix of residential and non-residential uses by right and lead to a more compact, Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 3 of 15 complete, and connected neighborhood in this area, as opposed to the current zoning which is strictly commercial. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from C-2 to CS as the applicant is requesting does have the potential to increase traffic at this site. However, given the property's frontage along S. School Avenue, a north -south Regional Link street and close proximity to transit, staff does not find that the request would increase traffic to a dangerous degree. The site has access to an Ozark Regional Transit line, which helps contribute to meeting the City's goal #4 of growing a livable transportation 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 from C-2 to CS as the applicant is requesting could alter the population density in the area, given that residential uses are not currently permitted under C-2 zoning. However, given the existing access to utilities and services, staff finds that increased density in this location would take advantage of those existing services and would not negatively impact those existing services. The Fayetteville Public School system 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-2022-000013. (PLANNING COMMISSION ACTION: Required YES Date: March 28, 2022 Motion: Belden (Second: Sparkman Vote: 8-0-0 O Tabled !;� Forwarded Recommending approval O Denied Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 4 of 15 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.22 Community Services o §161.23 District C-2, Thoroughfare Commercial • Applicant Request Letter • Applicant Site Exhibit • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping goods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 5 of 15 Unit 14 Hotel, motel and amusement services Unit 16 Shopping oods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) Setback regulations. Front: A build -to zone that is located between 10 feet and a line 25 feet from the front property line. Side and rear: None Side or rear, when contiguous to 15 feet a single-family residential district: (F) Building Height Regulations. Building Height Maximum 1 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2- 18-14; Ord. No. 5735, 1-20-15; 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. 6223 , §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21; Ord. No. 6497, §1, 10-19-21) 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." 161.23 District C-2, Thoroughfare Commercial (A) Purpose. The Thoroughfare Commercial District is designed especially to encourage the functional grouping of these commercial enterprises catering primarily to highway travelers. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 6 of 15 (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government Facilities Unit 13 Eating laces Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 20 Commercial recreation, large sites Unit 25 Offices, studios, and related services Unit 33 Adult live entertainment club or bar Unit 34 Liquor store Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 1 Small scale production (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 21 Warehousing and wholesale Unit 28 Center for collecting recyclable materials Unit 29 Dance Halls Unit 32 Sexually oriented business Unit 35 Outdoor music establishments Unit 36 Wireless communications facilities Unit 38 Mini -storage units Unit 42 Clean technologies Unit 43 Animal boarding and training (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 15 feet Rear 20 feet Urban Form Setback Regulations: Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 7 of 15 Side or rear, when contiguous to 15 feet a single-family residential district (F) Building Height Regulations. Building Height Maximum 1 6 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 side boundary line of an adjacent residential 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. On any lot, the area occupied by all buildings shall not exceed 60% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(VI); Ord. No. 1833, 11-1-71; Ord. No. 2351, 6-2-77; Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.036; Ord. No. 4034, §3, 4, 4-15-97; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4727, 7-19-05; Ord. No. 4992, 3-06-07; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5353, 9-7-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18- 13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1- 16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 6, 7, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19) Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 8 of 15 flintlock February 14, 2022 ARCHITECTURE &LANDSCAPE PETITION TO CHANGE ZONING TO: The Fayetteville City Planning Commission & The Fayetteville City Council Flintlock Ltd Co on behalf of Graham House, LLC requests that the zoning designation of the following lot (parcels 765- 15344-000) be changed from C-2, Thoroughfare Commercial to CS, Community Services: • 2100 S School Ave, parcel 765-15344-000 REASON FOR ZONING CHANGE REQUEST / STATEMENT OF NEED: The zoning change request will allow for residential development of the property in a form -based pattern in line with both the City's 2040 goals and its 71-13 Corridor Plan. CS is a less intensive zone than C-2. More importantly, it offers the opportunity to bring residents back into the arterial fabric of Fayetteville's primary transportation corridor. This rezoning would also support the "Corridor Urbanism" ethos of the 71-13 Corridor Plan by increasing the number of people living in and immediately around the corridor and the plan's aims to "increase affordable housing ... and create an attractive front door to Fayetteville's downtown and adjacent neighborhoods." Sitting directly across from Cato Spring's outlet onto 71-13, this property offers to potential to anchor the City's Future Land Use aspiration of City Neighborhood for the area through a walkable residential development. This rezoning would also match the zoning of the properties to the north and aligns with the 71-13 Corridor Plan that calls for substantial residential development and helps to realize the City Plan's overarching goals to grow a livable transportation network and create opportunities for attainable housing. IMPACT ON NEIGHBORS & CITY: The requested zoning change will not negatively impact the surrounding properties in terms of land use, traffic, appearance, and signage. It should in fact positively impact businesses in adjacent zones by offering proximity housing for employees and more customers through walkable pedestrian retail. The adjoining properties are CS and RSF-4, so this less intensive zoning will remove several undesirable use units from proximity to single family zones while matching the adjacent CS zoning. CONSISTENT WITH LAND USE PLANS: It is our opinion that the proposed zoning change is entirely consistent with both land use planning objectives, principles, and policies and is consistent with the surrounding area. The Future Land Use Map calls out this property as City Neighborhood, and thriving neighborhoods need people not only working there but also living there to make them alive. This rezoning will allow the property to be developed with mixed use in mind, directly in line with the City's 2040 goal to "make traditional town form the standard: with neighborhoods that include not just houses, but a mix of uses that can adapt over time and allow residents to live, work, and play without relying on vehicles." Respectfully, FLINTLOCK LTD CO Allison Thurmond Quinlan AIA RLA LEED AP Principal Architect Planning Commission March 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 9 of 15 CURRENT ZONING 1� C-1 W Research Center Blvd 2002 - - --- -- --- 364 328 318 3{ Q� 111 o° CS 308 � 1 1 304 C-2 300 t Hq Nonnamaker Dr 2087 j �� I� 2050 — --241 247 265 279 283 I - - 289 440 2099 293 W Cato gprlh9s Rd 2201 330 336 318 2215 290 2227 I-1 341 W zzNd St 2235 275 a Q 2230 2237 O 325 RSF-4 0 r u P-1 City of Fayetteville, AR 2/14/2022, 3:16:04 PM 1:2,257 0 0.0175 0.035 0.07 mi Zoning RSF-8 RMF-24 C-2 NS-L R-A RSF-18 RMF-40 C-3 NS-G 0 0.03 0.06 0.12 km RSF-.5 RI-12 1-1 DC NC RSF-1 RI-U I-2 UT PZD The data contained herein was compiled from various sources for the sole use and benefit of the City of Fayetteville Geographic Information System and the public agencies it serves. RSF-2 Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the RMF-6 E-1 MSC P-1 user; and by acceptance of this data, the user does hereby agree to Indemnify the City of Fayetteville and hold the City of Fayetteville harmless from and without liability for any RSF-4 claims, actions, cost for damages of any nature, including the city's cost of defense, asserted RMF-12 R-O DG by user or by another arising from the use of this data. The City of Fa�a l� e�mmission express or implied warrantees with reference to the data. No word, phrase, or cla s found RSF-7 RMF-18 C-1 CS herein shall be construed to waive thattort immunity set forth under Arkansas law. arch 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 10 of 15 FUTURE LAND USE 2/14/2022, 3:57:27 PM 1:2,257 0 0.0175 0.035 0.07 mi Master Plan Area Industrial 71 B Corridor Plan 0 0.03 0.06 0.12 km Natural F1Complete Neighborhood Plan Non -Municipal Government Future Land Use The data contained herein was compiled from various sources for the sole use and benefit of (2040) Residential Neighborhood the City of Fayetteville Geographic Information system and the public agencies it serves. Any use of the data by anyone other than the City of Fayetteville is at the sole risk of the City Neighborhood user; and by acceptance of this data, the user does hereby agree to Indemnify the City of Rural Residential Fayetteville and hold the City of Fayetteville harmless from and without liability for any Civic Institutional claims, actions, cost for damages of any nature, including the city's cost of defense, asserted by user or by another arising from the use of this data. The City of Fa 'e cIna Urban Center express or implied warrantees with reference to the data. No word, phrase,or fou�ndmmlSSlOn Civic and Private Open Space herein shall be construed to waive that tort immunity set forth under Arkansas law. Il/I arch 28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 11 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 12 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 13 of 15 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 14 of 15 RZN-2022-000013 Future Land Use 1 1 1 1 1 1 1 1 1 1 1 Nbn-Municipal Povernment I Graham House, LLC I Q DISCOVERY I z Z. WAY w ; ; a0 1 > J a I Z I CATO SPRINGS w RI) a z a w w o a> v �-SELLE DR I w LAURA L E E ST Industrial Regional Link Neighborhood Link Planning Area �- - - Fayetteville City Limits Trail (Proposed) Natural IV 24TH- Feet 0 145 290 580 ■ 870 1,160 1 inch = 400 feet NORTH 9TH ST g�W-DR Q. Residential Neighborhood City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government Residential Neighborhood L Rural Residential Urban Center ' A4Q6&IR-28, 2022 Agenda Item RZN-2022-000013 (NE OF S SCHOOL AVE & W 22ND ST/GRAHAM HOUSE LLC) Page 15 of 15 • • IL s) . ky Democrat NOW W WAR& mqwmp� P.C. EOx 1C07.:AYFTTE411 LF, AR, 72702.479-442-1i00 • FA.X: •.79•695-II18. 01'v','A'.j%1WADG.00M 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 6559 Was inserted in the Regular Edition on: April 24, 2022 Publication Charges: $85.12 - A � s,;�. Brittany Smith Subscribed and sworn to before me This 2 Sday o"YA , 2022. &ZL " Notary Public J My Commission Expires: �/W **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: 6559 File Number: 2022-0305 RZN-2022-013 (NE OF S. SCHOOL AVE. & W. 22ND ST./GRAHAM HOUSE, LLC.): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-013 LOCATED NORTHEAST OF SOUTH SCHOOL AVENUE AND WEST 22ND STREET IN WARD I FOR APPROXIMATELY 1.35 ACRES FROM C 2, THOROUGHFARE COMMERCIAL TO CS, COMMUNITY SERVICES 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 C 2, Thoroughfare Commercial to CS, Community Services. 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 {Lioneld Jordan, Mayor Paxton. City Clerk Treasurer for by City of Fayetteville Clerks D. $85.12. 4959 Apr24.2022