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HomeMy WebLinkAboutOrdinance 6569113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6569 File Number: 2022-0471 RZN-2022-019 (811 N. OLIVE AVE./PATTON): Doc ID: 020621790003 Type: REL Kind: ORDINANCE Recorded: 06/30/2022 at 10:24:22 AM Fee Amt: $25.00 Page Washington County 1 of 3 ;cAR Kyle Sylvester Circuit Clerk File2022-00021877 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-019 LOCATED AT 811 NORTH OLIVE AVENUE IN WARD 2 FOR APPROXIMATELY 0.11 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 6/7/2022 • �Z fTEVILLE;�= C� A N5P • O ` nrlu�►�` RZN-2022-0019 811 N OLIVE AVE EXHIBIT 'A' Close Up View RZN-2022-0019 CLEBURN ST I I I FRITZ-DR FRITZ'CT � I I I I I PROSPECT-ST I Subject Property I I I I I I I se I S 8 I I m I Z REBECCA ST_ j 10 Q co Z w 60 c > IV � J < O m itst' + ASSEMBLY DR _/v—� JOHNSON ST J M Q J to } QI w J J Q NORTH Zoning Acres Neighborhood Link Alley RSF-8 0.1 Residential Link Hillside -Hilltop Overlay District Feet Trail (Proposed) _ Planning Area 0 75 150 300 450 600 _ _ ! _-� Fayetteville City Limits 1 :2,400 Total 0.1 EXHIBITS' RZN-2022-0019 Issuing Office File No- 19-4114-2 The East 100 00 feet of the South Hail of lot 2 and East 100 00 feet of the North Hatt of Lot 3 in Block 26 of Gunter Addibon to the City of Fayetteville. Arkansas, as per plat of said Addition recorded in the otflce of the Circuit Clerk and Ex-OMcw Recorder of Washington County, Arkansas and being described as follows Beginning at the SE comer of said Block 26, thence North 125 00 feet to the P.O B , thence West 100 00 feet, thence North 50 00 feet, thence East 100.00 feet, thence South 50.00 feet to the P 0 © , containing 0.11 acres. more or less, sublect to easements and right of ways of record. Washington County, AR I certify this instrument was filed on 06/30/2022 10-24:22 AM and recorded in Real Estate File Number 2022-00021877 Kyle Sylvester - Circuit Clerk by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0471 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA RZN-2022-019 (811 N. OLIVE AVE./PATTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-019 LOCATED AT 811 NORTH OLIVE AVENUE IN WARD 2 FOR APPROXIMATELY 0.11 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. City of Fayetteville, Arkansas Page 1 Printed on 61812022 City of Fayetteville Staff Review Form 2022-0471 Legistar File ID 6/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0019: Rezoning (811 N. OLIVE AVE./PATTON, 446): Submitted by SUSAN PATTON for property located at 811 N. OLIVE AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.11 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 7, 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: May 20, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0019: Rezoning (811 N. OLIVE AVE./PATTON, 446): Submitted by SUSAN PATTON for property located at 811 N. OLIVE AVE in WARD 2. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.11 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located approximately 700 feet southwest of the intersection of N. Mission Boulevard and E. Prospect Street. The property was originally platted as a part of the Gunter Addition. It is roughly 0.11 acres and developed with a 2,500 square foot single-family home that was built in 2013 according to Washington County records. There are no apparent sensitive ecological or geographic features on the property, and it does not fall within any overlay districts. Request: The request is to rezone the property from RSF-4, Residential Single -Family, 4 Units per Acre to RSF-8, Residential Single-family, 8 Units per Acre. Public Comment: Staff received no public comment regarding this request. Land Use Compatibility: Staff finds that the request is compatible with current surrounding land uses. Despite properties in the near vicinity being largely zoned RSF-4, Residential Single -Family, 4 Units per Acre, staff finds the RSF-8 zoning district has setbacks, bulk and area, and use allowances that are very compatible with the surrounding context. The original Gunter Addition plat provides further historical context to reinforce this finding, showing the subject property among a neighborhood which was platted with 50-foot lot widths. Similarly, the subject property has a 50-foot lot width and totals roughly 5,000 square feet. RSF-4 zoning, however, requires a lot width minimum of 70 feet and a lot area minimum of 8,000 square feet. Under its current zoning designation the subject property is legal non -conforming. Secondly, uses in RSF-4 and RSF-8 are identical which suggests the request is compatible from a use standpoint. Given the character Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 of the surrounding area and the current dimensions of the subject property staff finds the proposed zoning to be compatible. Land Use Plan Analysis: Staff believes that the proposal is consistent with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and gridded street patterns. This current neighborhood exhibits both and the proposed zoning would not introduce any subdivision potential that would sacrifice those aims. Further, a stated purpose of the RSF-8 zoning district is to bring historic platted developments into conformity. Given the historic nature of this area, staff finds this request is compatible. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a ranging score of 8-9 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center Street) • Near Sewer Main (12" sewer main, N. Olive Avenue) • Near Water Main (8" water main, N. Olive Avenue) • Neary Grocery Store (Ozark Natural Food) • Near Public School (Washington Elementary) • Near City Park (Wilson Park) • Near Paved Trail (Marked Shared Roadway) • Near ORT Bus Stop (ORT Route 10) • Sufficient Intersection Density DISCUSSION: At the May 9, 2022 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Canada made the motion and Commissioner Winston seconded. Commissioners offered little comment, finding the request to be compatible and appropriate. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B Planning Commission Staff Report RZN-2022-0019 811 N OLIVE AVE EXHIBIT 'A' Close Up View RZN-2022-0019 CLEBURN-ST I I I I I x ' FRITZ DR, FRITZC-T o x ' x � l I I I I PROSPECT-ST T-8 I I I I l I I ' I I i J m REBECCAST—LLJ 10 C0 Z W y G O M RSF-4 ASSEMBLY DR � w—� JOHNSON.ST Lu Q IV _JLO >L Q W J � J A& Q , NORTH Zoning Acres Neighborhood Link Alley RSF-8 0.1 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 0.1 EXHIBIT 'B' RZN-2022-0019 Issuing Office File No.: 1941 f4-2 The East 1 t7OM feet of the SOUth Half of i_at 2 and East 100.00 feel of me North Hall of Lot 3 in BkXk 26 of Gunter AddiUan to the City of FayettevaIle,. Arkansas, as per plat of said Addition recorded In the office Of the Circuit Us* and EX -OM rc o Recorder of Washington County, Arkansas and beLng aescribed as follows: Beginning at the SE comerof said 81leck 26, thence North 125_Ca feet to the P„0.B,. thence West 100.00 feet, thence North 50.00 feet, thence East 100.00 feet, thence South 50M feet to the P.0.B.; captaining 0_1 t acres, more or less, subject to easements and rfght of ways of record. CITY OF _' FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: May 9, 2022 Updated with PC hearing results from May 9, 2022 SUBJECT: RZN-2022-0019: Rezoning (811 N. OLIVE AVE./PATTON, 446): Submitted by SUSAN PATTON for property located at 811 N. OLIVE AVE. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 0.11 acres. The request is to rezone the property to RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-0019 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0019 to City Council with a recommendation of approval." BACKGROUND: The subject property is located approximately 700 feet southwest of the intersection of N. Mission Boulevard and E. Prospect Street. The property was originally platted as a part of the Gunter Addition. It is roughly 0.11 acres and developed with a 2,500 square foot single-family home that was built in 2013 according to Washington County records. There are no apparent sensitive ecological or geographic features on the property, and it does not fall within any overlay districts. 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-8, Residential Single -Family, 8 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 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 RSF-8, Residential Single-family, 8 Units per Acre. 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 N. Olive Avenue. N. Olive Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 1 of 14 Avenue 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 12-inch water main is present on the west side of N. Olive Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the east side of N. Olive Avenue. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 1, located at 303 W. Center Street, protects this site. The property is located approximately 1.4 miles from the fire station with an anticipated drive time of approximately 6 minutes using existing streets. The anticipated response time would be approximately 8.2 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: The property is not within the Hillside -Hilltop Overlay District. There are no protected streams present in the subject area. No portion of the subject property lies 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 RSF-8, Residential Single-family, 8 Units per Acre 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 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 8-9 for this site, with a weighted score of 12. The following elements of the matrix contribute to the score: Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 2 of 14 • Adequate Fire Response (Station #1, 303 W. Center Street) • Near Sewer Main (12" sewer main, N. Olive Avenue) • Near Water Main (8" water main, N. Olive Avenue) • Neary Grocery Store (Ozark Natural Food) • Near Public School (Washington Elementary) • Near City Park (Wilson Park) • Near Paved Trail (Marked Shared Roadway) • Near ORT Bus Stop (ORT Route 10) • Sufficient Intersection Density 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: Staff finds that the request is compatible with current surrounding land uses. Despite properties in the near vicinity being largely zoned RSF-4, Residential Single -Family, 4 Units per Acre, staff finds the RSF-8 zoning district has setbacks, bulk and area, and use allowances that are very compatible with the surrounding context. The original Gunter Addition plat provides further historical context to reinforce this finding, showing the subject property among a neighborhood which was platted with 50-foot lot widths. Similarly, the subject property has a 50-foot lot width and totals roughly 5,000 square feet. RSF-4 zoning, however, requires a lot width minimum of 70 feet and a lot area minimum of 8,000 square feet. Under its current zoning designation the subject property is legal non -conforming. Secondly, uses in RSF-4 and RSF-8 are identical which suggests the request is compatible from a use standpoint. Given the character of the surrounding area and the current dimensions of the subject property staff finds the proposed zoning to be compatible. Land Use Plan Analysis: Staff believes that the proposal is consistent with the goals in City Plan 2040, adopted land use policies, and the future land use designation for this location. This area is designated as a Residential Neighborhood Area, which encourages a wide variety of housing types and gridded street patterns. This current neighborhood exhibits both and the proposed zoning would not introduce any subdivision potential that would sacrifice those aims. Further, a stated purpose of the RSF-8 zoning district is to bring historic platted developments into conformity. Given the historic nature of this area, staff finds this request is compatible. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezone from RSF-4 to RSF-8 is consistent with long-term land use plans and aligns with City Plan 2040 as a Residential Neighborhood area, therefore making this request justified from the city's perspective. 3. A determination as to whether the proposed zoning would create or appreciably increase Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 3 of 14 traffic danger and congestion. Finding: Rezoning the property to RSF-8 usually carries an associated potential to increase the allowable density on the site. However, given the size and width of the subject property no additional residential units could be accommodated beyond a customary accessory dwelling. Staff does not find that this would negatively affect or appreciably increase traffic danger or congestion at this site. 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: Staff finds that rezoning the property from RSF-4 to RSF-8 would have a negligible impact on the site as far as the population density and would not undesirably increase the load on existing public services. 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-2022-0019. PLANNING COMMISSION ACTION: Required YES Date: May 9, 2022 O Tabled 5U Forwarded O Denied with recommendation Motion: Canada of approval (Second: Winston Vote: 9-0-0 Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 4 of 14 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family -Four (4) Units Per Acre o §161.09 District RSF-8, Residential Single -Family —Eight (8) Units Per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) 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. Building Height Maximum 1 3 stories Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 6 of 14 (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 May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 7 of 14 161.09 District RSF-8, Residential Single -Family - Eight (8) Units Per Acre (A) Purpose. The RSF-8 Residential District is designed to bring historic platted development into conformity and to allow for the development of new single family residential areas with similar lot size, density, and land use as the historical neighborhoods in the downtown area. (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. By Ri ht Single-family dwelling units per acre 8 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 50 feet Two 2 family 50 feet Townhouse, no more than two 2 attached 25 feet (2) Lot Area Minimum. Single-family 5,000 square feet Two-family 5,000 square feet (3) Land Area Per Dwelling Unit. Single-family 5,000 square feet Two-family 5,000 square feet Townhouse, no more than two 2 attached 2,500 square feet (E) Setback Requirements. Front Side Rear 15 feet 5 feet 5 feet Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 8 of 14 (F) Height Regulations. Building Height Maximum 1 3 stories (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area, except when a detached garage exists or is proposed; then 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. (Ord. No. 4783, 10-18-05; 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 , §§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 May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 9 of 14 March 21, 2022 City of Fayetteville, Arkansas Planning Commission City Council The purpose of this letter is to request a change is zoning of our property from RSF-4 to RSF-8. The proposed rezoning will not adversely affect or conflict with surrounding land uses. We do not have a specific development intent. Our 2500 square foot home is on 0.1 acre of land. One lot just south of our property at 420 E. Rebecca Street was recently rezoned from RS4 to RS8 and we believe this request is consistent with lot sizes in the neighborhood. Sincerely, Robert and Susan Patton Planning Commission May 9, 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 10 of 14 Agenda Item 10 RZN-2022-0019 (Patton) Page 11 of 14 Agenda Item 10 RZN-2022-0019 (Patton) Page 12 of 14 Agenda Item 10 RZN-2022-0019 (Patton) Page 13 of 14 RZN-2022-0019 Future Land Use 811 N OLIVE AVE ORTH NORTH ST in Flom Ir m j j ■ ' ■ Residentigl Mp &ighhbd Mo � �r �—LAKESIDE DR— j CIVIC ` �'■ ■ T i BAXTER-LN Institutional i RUSH DR ■ f Y .�■ * + AL � �� JM.ACK ! J , SON'DR, IN W- --I CLEBURN ST �, w �• ■ Q �•- ITZ-DR—FRITZ-0-� I' -WOODLAWN-DR ` — ■ ■* ;+L a 0 - Subject Property ��� i , PROS PECT-ST ' . z;� f: ■ -• it ■ ROCKWOOD-TRL = a L �. nil ■ a7 �� REBECCA ST > a RE_BECCA•ST- oilI I 4F will '� ■ w JOHNSON-ST RUST-ST— z _ .or IIih DAVIDSON # —Ji'L0 'f I j L UJI# r LO `t—GUNTER ST i *; JP ML. Ilk LU a �.■ I f t z� f■�' ai��� z I �s �►; MAPLE-ST ; 10 M oil ■ ' i� I i � I I � j r r -w ooli ■ ■ Neighborhood Link Urban Center Alley Residential Link r Planning Area Fayetteville City Limits — — — Trail (Proposed) Design Overlay District City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood Rural Residential 1'4'$00 Urban Center Planning J9, mission 2022 Agenda Item 10 RZN-2022-0019 (Patton) Page 14 of 14 Democrat azette F , _L F _, 'y n :_ "Cv • - 1,x .iq.b i' .'I'Q ::': Qr. 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 6569 Was inserted in the Regular Edition on: June 12, 2022 Publication Charges: $88.16 &. 5g�- . Brittany mith Subscribed and sworn to before me This 13 day of c)a ► , 2022. (1� Notary Public My Commission Expires: Z/Zaj k * *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: 6569 File Number. 2022-0471 RZN-2022-019 (811 N. OLIVE AVE./PATTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-019 LOCATED AT 811 NORTH OLIVE AVENUE 1N WARD 2 FOR APPROXIMATELY 0.11 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER 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 RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section I. PASSED and APPROVED on 6f7/2022 Approved: Lioneld Jordan, Mayor Attest: Kars Paxton, City Clerk Treasurer Paid for by City of Fayetteville Clerks office. $88.16. 75564790 June12,2022 OF FAYE,TF � L 1 4 _ • i� G li 441 ANSPS 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6569 File Number: 2022-0471 RZN-2022-019 (811 N. OLIVE AVE./PATTON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-019 LOCATED AT 811 NORTH OLIVE AVENUE IN WARD 2 FOR APPROXIMATELY 0.11 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-8, RESIDENTIAL SINGLE FAMILY, 8 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-8, Residential Single Family, 8 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 6/7/2022 Approved: Lioneld Jordan, Mayor Page 1 Attest: Kara Paxton, City Clerk Treasurer Printed on 618122 This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount paid: $88.16.