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HomeMy WebLinkAboutOrdinance 6568RZN-2022-0018 Martens EXHIBIT 'A' Close Up View RZN-2022-0018 H�`L5 tq' RMF-12 SEVEN HILLS CT Neighborhood Link Unclassified Residential Link Hillside -Hilltop Overlay District Trail (Proposed) Planning Area Fayetteville City Limits RSF-4 v-5TH-ST x �Q Sa �4 S 7Z.,4YAH -T� Subject Property Proposed RI-U HUNTSVILLE-RD i I ! R-O RMF-6 Feet 0 75 150 300 450 600 1:2,400 to m �o 3 D Z cn C Rl Y �I RMF-24 NORTH Zoning Acres RI-U 1.2 Total 1.2 EXHIBIT 'B' RZN-2022-0018 ADJUSTED TRACT A PARCEL #765-14396-010 #765-14413-000 & #765-14395-001: A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT WHICH IS N87°07'36'W 416.54' FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE ALONG SAID SOUTH LINE N87°07'36"W 219.43', THENCE LEAVING SAID SOUTH LINE N01°05'43"W 166.06' TO AN EXISTING REBAR, THENCE N00°53'21"W 41.13' TO AN EXISTING REBAR, THENCE S87°33'00"E 25.78', S25°42`04"W 43.13' TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES MORE OR LESS. SUBJECT TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMETNS AND RIGHTS -OF -WAY OF REOCRD. ADJUSTED TRACT B PARCEL #765-14414-000 A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE SOUTH LINE THEREOF N87°07'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING: N25°42'04"E 43.13', N05-40'33"W25.78', N12°36'01"E 27.91'. N01°51'26"E 28.45', N38°33'22"E 53.92', N26°17'21"E 39.73, N00°10'17"W 6.23, THENCE LEAVING SAID DITCH CENTERLINE S87°14'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID EAST LINE S01°34'12"W 208.45' TO THE PONIT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0400 Agenda Date: 5/17/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 RZN 2022-018 (1320 E. HUNTSVILLE RDJ MARTENS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-018 LOCATED AT 1320 EAST HUNTSVILLE ROAD IN WARD 1 FOR APPROXIMATELY 1.20 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 511812022 City of Fayetteville Staff Review Form 2022-0400 Legistar File ID 5/17/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 4/29/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RD./ MARTENS, S2S): Submitted by DAWN MARTENS for property located at 1320 E. HUNTSVILLE RD in Ward 1. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approx. 1.20 acres. The request is to rezone the property to RI-U, Residential Intermediate - Urban. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF MAY 17, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters Development Review Manager FROM: Ryan Umberger, Senior Planner DATE: April 29, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RDJ MARTENS, 525): Submitted by DAWN MARTENS for property located at 1320 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approx. 1.20 acres. The request is to rezone the property to RI-U, Residential Intermediate -Urban. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits 'A' and 'B'. BACKGROUND: The subject property is in south Fayetteville and is approximately 0.30 miles to the west of E. Huntsville Road's intersection with S. Happy Hollow Road. The property encompasses approximately 1.20 acres and is currently developed with a single-family home and three associated outbuildings. Washington County records indicate the home was constructed in 1885. A prominent feature of the site is its steep topography. The property slopes from a high point near the northwest corner of the property, down towards E. Huntsville Road at a roughly 17% grade. The west half of the property lies within the Hillside -Hilltop Overlay District. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: The surrounding property includes four -family dwellings to the northeast, single-family dwellings to the east and west, and mixed -uses and densities to the south, across E. Huntsville Road. Based, in part, on the surrounding mix of residential densities, staff finds the request to rezone this area from RSF-4 to RI-U is compatible. Rezoning to RI-U would permit a variety of housing types, ranging from single- up to four -family dwellings by -right. The inclusion of a build -to -zone with the RI-U zoning district also requires that buildings be placed closer to E. Huntsville Road, promoting walkability and pedestrian friendliness. Given the slope of the site to the north, staff does not find that 3-story buildings would be out of scale with the surrounding Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 context, nor would the rezoning allow structures to be built at a greater height than what is allowed in the current RSF-4 zoning district. The request to rezone represents an incremental change that aligns with a broader trend along E. Huntsville Road. Recent rezoning requests in the near vicinity have consistently transitioned zoning entitlements to allow for more intense and diverse development. Immediately adjoining the property to the east and west are single-family residences. Properties in the near vicinity though are zoned RI-U, NS-G, Neighborhood Services - General and CS, Community Services which creates opportunities for redevelopment including a variety of residential densities and non-residential services in the area. Staff finds that rezoning to allow for additional, compatible housing positively contributes to redevelopment along the corridor. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for incrementally dense residential in close, connected proximity to commercial and neighborhood services. While the infill score is moderate, this zoning request has the potential to meet City Plan 2040 goals 1, 2, and 6, by bringing additional residential dwellings to a location that is within a one -mile radius of the City's center. Rezoning prioritizes redevelopment of an infill site rather than contributing to suburban sprawl, creates opportunities for diverse and attainable housing, and promotes development that is connected to non-residential services. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 5-6 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (6" sewer main, E. Huntsville Road) • Near Water Main (8" water main, E. Huntsville Road) • Near City Park (Doc Mashburn Park) • Near Paved Trail (E. Huntsville Road. Side -Path Trail) • Near ORT Bus Stop (ORT Route 20) DISCUSSION: At the April 25, 2022, Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Winston seconded. Commissioner Garlock noted that he agreed with the reasons established by staff in the report. Commissioner Madden said she supported the rezoning and appreciated gaining a further understanding of access management requirements and expressed a hope to explore a mechanism to further require cross -access between adjoining developments. Commissioner Brink agreed and encouraged the Commission to be cognizant of future development that may require additional curb cuts. No public comment was heard at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2022-0018 Martens Close Up View RSF-4 V 5TH'ST 2 �Q v� �4 �r 5 SE UOYAH CT Subject Property ti RI-U NS-G M_ X Proposed 3 RI-U Z HUNTSVILLERD y __ - ■ cs v O v A C w CNIm C� RMF-Iz Z w Q SEVEN HILLS CT RMF-24 W NORTH Zoning Acres Neighborhood Link Unclassified RW 1.2 Residential Link Hillside -Hilltop Overlay District Feet — — — Trail (Proposed) 0 75 150 300 450 600 r ; Planning Area �_ _ Fayetteville City Limits 1 .2,400 Total 1.2 ADJUSTED TRACT A (PARCEL #765-14396-010, #765-14413-000 & #765-14395-001: A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT WHICH IS N87°07'36'W 416.54' FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE ALONG SAID SOUTH LINE N87°07'36"W 219.43', THENCE LEAVING SAID SOUTH LINE N01°05'43"W 166.06, TO AN EXISTING REBAR, THENCE N00°53'21"W 41.13' TO AN EXISTING REBAR, THENCE S87°33'00"E 25.78', S25°42'04"W 43.13' TO THE POINT OF BEGINNING, CONTAINING 1.20 ACRES MORE OR LESS. SUBJECT TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMETNS AND RIGHTS -OF -WAY OF REOCRD. ADJUSTED TRACT B (PARCEL #765-14414-000) A PART OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID FORTY ACRE TRACT AND RUNNING THENCE ALONG THE SOUTH LINE THEREOF N87°07'36"W 416.54', THENCE LEAVING SAID SOUTH LINE AND RUNNING TO AND ALONG AN EXISTING DITCH CENTERLINE THE FOLLOWING: N25°42'04"E 43.13', N05°40'33"W25.78', N12°36'01"E 27.91'. N01°51'26"E 28.45', N38°33'22"E 53.92', N26°17'21"E 39.73, N00°10'17"W 6.23, THENCE LEAVING SAID DITCH CENTERLINE S87°14'44"E 347.78' TO AN EXISTING REBAR ON THE EAST LINE OF SAID FORTY ACRE TRACT, THENCE ALONG SAID EAST LINE S01°34'12"W 208.45' TO THE PONIT OF BEGINNING, CONTAINING 1.85 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN EAST HUNTSVILLE ROAD RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: April 25, 2022 SUBJECT: RZN-2022-0018: Rezone (1320 E. HUNTSVILLE RD./ MARTENS, 525): Submitted by DAWN MARTENS for property located at 1320 E. HUNTSVILLE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE- FAMILY, 4 UNITS PER ACRE and contains approx. 1.20 acres. The request is to rezone the property to RI-U, Residential Intermediate -Urban. RECOMMENDATION: Staff recommends forwarding RZN-2022-0018 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0018 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville and is approximately 0.30 miles to the west of E. Huntsville Road's intersection with S. Happy Hollow Road. The property encompasses approximately 1.20 acres and is currently developed with a single-family home and three associated outbuildings. Washington County records indicate the home was constructed in 1885. A prominent feature of the site is its steep topography. The property slopes from a high point near the northwest corner of the property, down towards E. Huntsville Road at a roughly 17% grade. The west half of the property lies within the Hillside -Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Four -Family Residential/Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre/ RMF-24, Residential Multi -Family, 24 Units per Acre South Two -Family Residential/Office RMF-24, Residential Multi -Family, 24 Units per Acre/ R-O, Residential Office East Sinqle-Family Residential RI-U, Residential Intermediate -Urban 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 RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on this item. Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along E. Huntsville Road. E. Huntsville Road is a partially -improved Neighborhood Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the north side of E. Huntsville Road. Sewer: Sanitary Sewer is available to the subject area. An existing 6-inch sanitary sewer main is present on the south side of E. Huntsville Road. Another existing 6-inch sanitary sewer main is present along the east side of the subject property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 3, located at 1050 S. Happy Hollow protects this site. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately 1 minute using existing streets. The anticipated response time would be approximately 3.2 minutes. Fire Department response time is calculated based on the drive time plus 1 minute for dispatch and 1.2 minutes for turn -out time. Within the City Limits, the Fayetteville Fire Department has a response time goal of 6 minutes for an engine and 8 minutes for a ladder truck. Police: The Police Department expressed no concerns with this request. Drainage: A small portion of the property in the northeast corner lies within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. There are no protected streams present in the subject area, not does any of the subject property lie within a FEMA floodplain, nor are there any hydric soils present on the site. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate - Urban requires 15% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, 4 Units per Acre requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 2 of 14 the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5-6 for this site, with a weighted score of 6.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #3, 1050 S. Happy Hollow Road) • Near Sewer Main (6" sewer main, E. Huntsville Road) • Near Water Main (8" water main, E. Huntsville Road) • Near City Park (Doc Mashburn Park) • Near Paved Trail (E. Huntsville Road. Side -Path Trail) • Near ORT Bus Stop (ORT Route 20) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: The surrounding property includes four -family dwellings to the northeast, single-family dwellings to the east and west, and mixed -uses and densities to the south, across E. Huntsville Road. Based, in part, on the surrounding mix of residential densities, staff finds the request to rezone this area from RSF-4 to RI-U is compatible. Rezoning to RI-U would permit a variety of housing types, ranging from single- up to four -family dwellings by -right. The inclusion of a build -to -zone with the RI-U zoning district also requires that buildings be placed closer to E. Huntsville Road, promoting walkability and pedestrian friendliness. Given the slope of the site to the north, staff does not find that 3-story buildings would be out of scale with the surrounding context, nor would the rezoning allow structures to be built at a greater height than what is allowed in the current RSF-4 zoning district. The request to rezone represents an incremental change that aligns with a broader trend along E. Huntsville Road. Recent rezoning requests in the near vicinity have consistently transitioned zoning entitlements to allow for more intense and diverse development. Immediately adjoining the property to the east and west are single-family residences. Properties in the near vicinity though are zoned RI-U, NS-G, Neighborhood Services -General and CS, Community Services which creates opportunities for redevelopment including a variety of residential densities and non-residential services in the area. Staff finds that rezoning to allow for additional, compatible housing positively contributes to redevelopment along the corridor. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which indicates an intent for incrementally dense residential in close, connected proximity to commercial and neighborhood services. While the infill score is moderate, this zoning request has the potential to meet City Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 3 of 14 Plan 2040 goals 1, 2, and 6, by bringing additional residential dwellings to a location that is within a one -mile radius of the City's center. Rezoning prioritizes redevelopment of an infill site rather than contributing to suburban sprawl, creates opportunities for diverse and attainable housing, and promotes development that is connected to non-residential services. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: A rezone from RSF-4 to RI-U is justified to bring incremental density to the site while aligning with the future land use map designation as a Residential Neighborhood Area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RSF-4 to RI-U has the potential to increase traffic generated from the location. Under the current zoning district, the development potential is limited to 4 units per acre; RI-U does not have a density limitation. Regardless, staff finds the 1.20 acre lot area will serve to limit the amount of additional traffic to a level that is safe and appropriate. This finding takes into consideration the City's access management requirements which require driveways to be separated 100-feet from intersections and other driveways for two-, three-, and multi -family developments. Access management standards also prohibit individual curb cuts for single-family dwellings by requiring shared access between two or more lots on Neighborhood Link Streets. RI-U zoning also has a build -to requirement which restricts parking and access needs to the rear of the property. Conversely, E. Hunstville Road, classified as a Neighborhood Link Street, has a designed service volume of 6,000 vehicles per day. An ArDOT Average Annual Daily Traffic count taken roughly 1/4 mile to the west of the site estimated 15,000 vehicle trips in 2021. There were five automotive crashes along this property's frontage from 2015 to 2019, and a multitude more at the intersection of E. Huntsville Road and S. Curtis Avenue roughly 100 feet to the east. Subsequent development proposals would be analyzed for stopping site distance, and any required street improvements would also be evaluated at the time of a development proposal. On the balance of considerations, staff finds the modest size of the subject property will limit the increase vehicle congestion or danger to an unnoticeable degree. Nearby access to trails and transit stops also offer alternative modes that would help to offset traffic effects associated with an increase to the number of dwelling units at this location. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from RSF-4 to RI-U has the capacity to increase the Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 4 of 14 population density at this location. Staff finds that limitations such as the property's size, residential parking requirements, and other tree preservation requirements would prevent the increase in density from becoming undesirable. Water and sewer are also available at this location, negating the need to extend or improve services, and E. Huntsville Road's designation as a Neighborhood Link Street could likely support the additional density. The Fayetteville Public School District did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; 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-2022-0018. PLANNING COMMISSION ACTION: Required YES Date: April 25, 2022 Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: O Tabled O Forwarded O Denied • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.12 District RI-U, Residential Intermediate — Urban • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 5 of 14 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 6 of 14 Building Height Maximum 1 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 7 of 14 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 8 of 14 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 9 of 14 I am requesting to change the zoning of my property at 1320 E Huntsville Rd. from RSF-4 to RI- U. I'm making this request to be compatible with the current development trends in my rapidly developing neighborhood in South Fayetteville. There are many single two and three family dwellings as well as apartments in my immediate area. The lot adjoining mine to the east was recently upgraded to RI-U zoning. Thank you Dawn Martens Planning Commission April 25, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 10 of 14 Agenda Item 9 RZN-2022-0018 (Martens) Page 11 of 14 RZN-2022-0018 Close Up View ■ Neighborhood Link Unclassified Residential Link Hillside -Hilltop Overlay District — — — Trail (Proposed) r _ Planning Area Fayetteville City Limits RSF=4 Martens _ SE UOYAW Subject Property J RI-U I HUNTSVILL&RD I � � R-O w a Feet 0 75 150 300 1:2,400 W Q F- 450 600 0745TH.ST ti x m X 3 D Z 4& 1 NORTH Zoning Acres RI-U 1.2 Total 1.2 Planning Corimission A 01 5, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 12 of 14 Agenda Item 9 RZN-2022-0018 (Martens) Page 13 of 14 RZN-2022-0018 Future Land Use Martens ORTH Residential Neighborhood gig i ` ♦ 40 5TH •ST Subject Property r OYAH G rr 03S is r MI lb EM /► D om z HUNTSVILLE RD G ---,------------ N-------------------- - -r-- --- _- Gm KINGFIS- i m z z W i ! city 0 �� Neighborhood S CT I CO)1 m �Q i Tr M L-RD— TEAN •DO DR m w—FAIRLANE ST NNMSN 'a Jk 10ri Z so L _>J Civic 'N 7 O w Institutional W J 2 W W fn Z City Neighborhood Neighborhood Link � Civic Institutional Unclassified Civic and Private Open Space Industrial Residential Link Feet Natural r ' Planning Area Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood - Fayetteville City Limits Rural Residential - - - Trail (Proposed) 1 :4,800 Urban Center Planning Co mission 5, 2022 Agenda Item 9 RZN-2022-0018 (Martens) Page 14 of 14 �. • 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 6568 Was inserted in the Regular Edition on: May 22, 2022 Publication Charges: $85.12 r Brittany Smith Subscribed and sworn to before me This �3day of ,L(tac� , 2022. &�� (.)jLL Notary Public My Commission Expires: 2 W Z4 **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:6568 File Number: 2022-0400 RZN 2022-018 (1320 E. HUNTSVILLE RDJ MARTENS): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-018 LOCATED AT 1320 EAST HUNTSVILLE ROAD IN WARD I FOR APPROXIMATELY 1.20 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RI-U, RESIDENTIAL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF- 4, Residential Single Family, 4 Units Per Acre to RI-U, Residential Intermediate - Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 5/17/2022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $85.12 75555946 May 22,2022