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HomeMy WebLinkAboutOrdinance 6602RZN-2022-0039 726 W. TAYLOR ST. Close Up View CLEVELAND ST PRIVATE ALLEY 675 675 Wi II W d N 11 E C-1 W M r 9 CLEVELAND ST DOUGLAS ST ■ w a w 4.LEY w 9250 w Neighborhood Link Unclassified Alley Residential Link Feet Planning Area 0 75 150 300 450 600 ' - - Fayetteville City Limits 1:2,400 RZN-2022-0039 EXHIBIT 'A' y�R I-1 mn 0 M 6 �n I� lx ! ! � Sou11 , erfl� 0 n e7 , M ,r NORTH Zoning Acres RI-U 0.7 Total 0.7 RZN-2022-0039 EXHIBIT 'B' W 215 FT OF THE SO 140 FT OF LOT 25 FURTHER DESCRIBED FROM 2020-43870 AS: Part of Lot Twenty-five (25) in Block Three (3) of Arch ias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas, as shown on plat record "4" at page 10, being more particularly described as follows, to -wit: Beginning at the Southwest corner of said Lot Twenty-five (25) and running thence along the West line thereof North 00 degrees 41 minutes 20 seconds East 141.34 feet, thence leaving said West line South 89 degrees 14 minutes 35 seconds East 215.07 feet, thence South 00 degrees 54 minutes 17 seconds West 141.34 feet to the South line of said Lot Twenty-five (25), thence along said South line North 89 degrees 14 minutes 35 seconds West 214.53 feet to the point of beginning, containing 0.70 acres, more or less. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0788 Agenda Date: 9/20/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: CA RZN 22-039 (726 W. TAYLOR STBDM REALTY LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-039 LOCATED AT 726 WEST TAYLOR STREET IN WARD 2 FOR APPROXIMATELY 0.70 ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 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 RMF-40, Residential Multi -Family, 40 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 912212022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0788 Legistar File ID 9/20/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 9/2/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC, 444): Submitted by GAVIN SMITH CIVIL ENGINEERING for property located at 726 W. TAYLOR ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE and contains approximately 0.70 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 SEPTEMBER 20, 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: September 2, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC, 444): Submitted by GAVIN SMITH CIVIL ENGINEERING for property located at 726 W. TAYLOR ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI- FAMILY - FORTY UNITS PER ACRE and contains approximately 0.70 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 central Fayetteville, two blocks north of the University of Arkansas main campus, on the north side of W. Taylor Street at the midblock between N. Whitham and N. Leverett Avenues. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre and totals roughly 0.70 acres. The site is currently developed with three multi -family structures, each containing six units, which were built in 1960 according to Washington County property records. Request: The request is to rezone the property from RMF-40, Residential Multi -family, 40 Units per Acre to RI-U, Residential Intermediate -Urban. The applicant says the rezoning is compatible due to the surrounding mix of uses and proximity to the University of Arkansas. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: Staff finds the request to be compatible with the surrounding mix of uses. Along the block and further afield the surrounding properties include a mix of residential dwelling types, densities, and lot configurations. Rezoning to RI-U reduces the entitlements for permitted housing types in that Use Unit 26, Multi -family dwellings is a permitted use. Consequently, rezoning to RI-U will bring the three existing multi -family structures out of compliance with zoning regulations. The buildings can remain but could not be enlarged in volume, area, or footprint. All other by -right uses allowed under RI-U zoning are identical to RMF-40. RI-U allows multi -family dwellings as a conditional use and otherwise allows similar conditional uses apart from Use Unit Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 11, Manufactured Home Park and Use Unit 25, Professional Offices which are allowed in RMF- 40. Despite RI-U having lesser entitlements the rezoning should not be characterized as a downzoning. RI-U has no density limitation and flexible bulk and area requirements when compared to RMF-40. Staff finds that the property's modest size and protections in the development code for parking, tree preservation, and drainage will serve to limit the scale of a future development. Lastly, re -development of the site would likely bring improvements to W. Taylor Street like what occurred to the east in the mid-1980s. Currently W. Taylor Street is a partially improved Residential Link Street with a roughly 15-foot asphalt paved width and curbs. Staff finds the rezoning is appropriate and justified given the property's access to essential City infrastructure, proximity to the University of Arkansas campus, non-residential services, and City park and trail amenities. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RMF-40 to RI-U would not detract from City Plan 2040 goals #1 — Appropriate Infill and 4 — Grow a Livable Transportation Network. Instead rezoning to a district with flexible bulk and area regulations and an unlimited density cap may support additional residential development on a property which scores high on the Infill Scoring Matrix. Further, the University of Arkansas campus is within walking distance to the south. Nearby transit routes and trail amenities encourage future residents to utilize non - motorized transportation. Lastly, the rezoning aligns with the City Neighborhood designation on the Future Land Use Map. The property is situated on the mid -block where dense residential development is typical and preferred. The presence of a high intersection density suggests there is ample connectivity to distribute both vehicle and non -motorized traffic generated from the site. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 9 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #2, 708 N. Garland Avenue) • Near Sewer Main (8-inch main, W. Taylor Street) Near Water Main (2-inch main, W. Taylor Street) Near Public School (Leverett Elementary School) • Near City Park (Wilson Park) • Near City Trail (Razorback Greenway, W. Douglas Street Marked Shared Roadway, Maple Street Cycletrack, N. Garland Avenue Side -Path Trail) Near Razorback Bus Stop (Route 26 Peak) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density (Greater than 140 intersections per square mile) DISCUSSION: At the August 22, 2022, Planning Commission meeting, a vote of 7-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Winston seconded. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report RZN-2022-0039 726 W. TAYLOR ST. Close Up View C-2 C-1 T N I-1 m� 0 N r C'> ¢ m A CLEVEL AND ST I CLEVEL•AND ST eV, ec oc �cor� e PRIVATE IV TE .� ALLEY•675 Subject Property RMF- RMF-24 CARAWAY•ST o � N e� !L O w > Q u N TAYLOR-ST w a oG ,u' O ' co J G � a DOUGLAS ST m w a w ALLEY w 925 J NORTH Neighborhood Link Zoning Acres Unclassified RI-U 0.7 Alley Feet Residential Link r ' Planning Area 0 75 150 300 450 600 ! - - Fayetteville City Limits 1 :2,400 Total 0.7 W 215 FT OF THE SO 140 FT OF LOT 25 FURTHER DESCRIBED FROM 2020-43870 AS: Part of Lot Twenty-five (25) in Block Three (3) of Archias-Bushnell Addition to the City of Fayetteville, Washington County, Arkansas, as shown on plat record "4" at page 10, being more particularly described as follows, to -wit: Beginning at the Southwest corner of said Lot Twenty-five (25) and running thence along the West line thereof North 00 degrees 41 minutes 20 seconds East 141.34 feet, thence leaving said West line South 89 degrees 14 minutes 35 seconds East 215.07 feet, thence South 00 degrees 54 minutes 17 seconds West 141.34 feet to the South line of said Lot Twenty-five (25), thence along said South line North 89 degrees 14 minutes 35 seconds West 214.53 feet to the point of beginning, containing 0.70 acres, more or less. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: August 22, 2022 SUBJECT: RZN-2022-0039: Rezoning (726 W. TAYLOR ST/BDM REALTY LLC, 444): Submitted by GAVIN SMITH CIVIL ENGINEERING for property located at 726 W. TAYLOR ST. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY - FORTY UNITS PER ACRE and contains approximately 0.70 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2022-0039 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: `7 move to forward RZN-2022-0039 to City Council with a recommendation for approval." BACKGROUND: The subject property is in central Fayetteville, two blocks north of the University of Arkansas main campus, on the north side of W. Taylor Street at the midblock between N. Whitham and N. Leverett Avenues. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre and totals roughly 0.70 acres. The site is currently developed with three multi -family structures, each containing six units, which were built in 1960 according to Washington County property records. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -family Residential RMF-40, Residential Multi -family, 40 Units per Acre South Chi Alpha Ministries/Two-family Residential RMF-40, Residential Multi -family, 40 Units per Acre East Multi -family Residential RMF-40, Residential Multi -family, 40 Units per Acre West Multi -family Residential RMF-40, Residential Multi -family, 40 Units per Acre Request: The request is to rezone the property from RMF-40, Residential Multi -family, 40 Units per Acre to RI-U, Residential Intermediate -Urban. The applicant says the rezoning is compatible due to the surrounding mix of uses and proximity to the University of Arkansas. Public Comment: Staff has received no public comment regarding this request. Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 1 of 14 INFRASTRUCTURE: Streets: The subject property has frontage along W. Taylor Street. W. Taylor Street is a partially -improved Residential Link street with asphalt paving, curb and gutter. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing two-inch water main is present on the south side of W. Taylor Street. Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer main is present in the alley in the northwest corner of the property. Drainage: The property is not within the Hillside -Hilltop Overlay District, a FEMA-designated floodplain, streamside protection zone, nor are hydric soils are present on site. Any additional improvements or requirements for drainage will be determined at time of development. Fire: Station 2, located at 726 W. Taylor Street protects this site. The property is located approximately 0.5 miles from the fire station with an anticipated drive time of approximately three minutes using existing streets. The anticipated response time would be approximately 5.2 minutes. Fire Department response time is calculated based on the drive time plus one minute for dispatch and 1.2 minutes for turn -out time. Within city limits, the Fayetteville Fire Department has a response time goal of six minutes for an engine and eight minutes for a ladder truck. Police: The Police Department did not comment on this request. Tree Preservation: The requested zoning district, RI-U, Residential Intermediate -Urban, requires 15% minimum canopy preservation. The current zoning district, RMF-40, Residential Multi -family, 40 Units per Acre, requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential 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 range between 9 for this site with a weighted score of 12. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #2, 726 W. Taylor Street) Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 2 of 14 • Near Sewer Main (8-inch main, W. Taylor Street) • Near Water Main (2-inch main, W. Taylor Street) • Near Public School (Leverett Elementary School) • Near City Park (Wilson Park) • Near City Trail (Razorback Greenway, W. Douglas Street Marked Shared Roadway, Maple Street Cycletrack, N. Garland Avenue Side -Path Trail) • Near Razorback Bus Stop (Route 26 Peak) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density (Greater than 140 intersections per square mile) 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 the request to be compatible with the surrounding mix of uses. Along the block and further afield the surrounding properties include a mix of residential dwelling types, densities, and lot configurations. Rezoning to RI-U reduces the entitlements for permitted housing types in that Use Unit 26, Multi -family dwellings is a permitted use. Consequently, rezoning to RI-U will bring the three existing multi -family structures out of compliance with zoning regulations. The buildings can remain but could not be enlarged in volume, area, or footprint. All other by - right uses allowed under RI-U zoning are identical to RMF-40. RI-U allows multi -family dwellings as a conditional use and otherwise allows similar conditional uses apart from Use Unit 11, Manufactured Home Park and Use Unit 25, Professional Offices which are allowed in RMF-40. Despite RI-U having lesser entitlements the rezoning should not be characterized as a downzoning. RI-U has no density limitation and flexible bulk and area requirements when compared to RMF-40. Typically, unique features of the property, such as its modest size, and protections in the development code for parking, tree preservation, and drainage regulations serve to limit the scale of a future development. Staff finds the rezoning is appropriate and justified given the property's access to essential City infrastructure, proximity to the University of Arkansas campus, non-residential services, and City park and trail amenities. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RMF-40 to RI-U would not detract from City Plan 2040 goals #1 — Appropriate Infill and 4 — Grow a Livable Transportation Network. Instead rezoning to a district with flexible bulk and area regulations and an unlimited density cap may support additional residential development on a property which scores high on the Infill Scoring Matrix. Further, the University of Arkansas campus is within walking distance to the south. Nearby transit routes and trail amenities encourage future residents to utilize non -motorized transportation. Lastly, the rezoning aligns with the City Neighborhood designation on the Future Land Use Map. The property is situated on the mid -block where dense residential development is typical and preferred. The presence of a high intersection density suggests there is Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 3 of 14 ample connectivity to distribute both vehicle and non -motorized traffic generated from the site. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to RI-U. Consistency with the Future Land Use Map and City Plan 2040's goals suggest a rezoning to a district that allows limited development at this location is suitable and justified. RI-U offers a flexible development pattern which may facilitate development of a property with a high infill score. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds rezoning the property to RI-U carries an associated potential to increase traffic at this location. The impact though is not expected to be detrimental in terms of danger and congestion. The subject property has direct access to W. Taylor Street, a Residential Link Street. One accident has been recorded on the block from 2017 to 2021. Staff finds the 0.70 acre lot area will limit the amount of additional traffic to a level that is safe and appropriate. Nearby access to trails and transit stops also offer alternative modes that would help to offset traffic effects. Any new development would be required to improve the property's frontage to the 2040 Master Street Plan requirements, including 6-foot-wide greenspaces and sidewalks, which would complement the non -motorized 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 has the potential to increase population density, though it is not likely to undesirably increase the load on public services. The property has access to existing water and sanitary sewer infrastructure and is close to other public services and amenities. Fayetteville Public Schools 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 forwarding RZN-2022-0039 to City Council with a recommendation of approval. Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 4 of 14 (PLANNING COMMISSION ACTION: Required YES Date: August 22, 2022 O Tabled O Forwarded O Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.12 — RI-U, Residential Intermediate -Urban o §161.17 — RMF-40, Residential Multi -family, 40 Units per Acre • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 5 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. Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 6 of 14 (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. (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 , §§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 August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 7 of 14 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Fort 40 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 30 feet Two 2 family 30 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 1 acre Planning Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 8 of 14 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 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, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 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 August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 9 of 14 GAVIN SMITH CIVIL ENGINEERING August 10, 2022 From Gavin Smith, PE CFM To: Fayetteville Planning Staff Gavin Smith Civil Engineering, LLC 393 N Allen St Fayetteville, AR 72701 RE: Rezoning 726 W Taylor Street Hello, I am writing to request a rezoning of the above -mentioned project from the current zoning of RMF-40 to RI-U. The proposed rezoning is compatible with the existing land use adjacent to the site and will not unreasonably adversely affect the neighboring properties. The site is bordered on all sides by parking lots or dense multi -family residential developments. The property is adjacent to the University of Arkansas, whose student population has grown rapidly in recent years. This growth has caused a shortage of on -campus housing, forcing many students to search for off -campus housing in the surrounding neighborhoods. The proposed rezoning will allow for additional housing, directly adjacent campus, and would positively affect the surrounding properties. Please let me know if I can provide any further information. Thank You, Gavin Smith PE www.grsmithcivilengineering.com (479) 93flNI414ng Commission August 22, 2022 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 10 of 14 RZN-2022-0039 One Mile View wF °�NcroN 726 W. TAYLOR ST. 0 0.13 0.25 0.5 Miles � I-1 C-1 • W InO T41 CT W Subject Property RI-U ra i CLEVELAND STI � • Regional Link Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center — Unclasaifed — Alley — Residential Link w Shared -Use Paved Trail — Trail (Proposed) r Design Overlay District ` Fayetteville City Limits r= Planning Area P-1 Q <Lits Pla_ _ _ Fay NC STr ORTH Zoning MI-1 GI-11 lnauatriel RESIDENTIAL SINGLE-FAMILY EXTRACTION III NS-G E-1 III RI-u COMMERCIAL ResltleniiaFOfice S-L M ks-L � Gi �ResltleMlal-�dWIW21 �G-2 RSF-.a �C3 RSF-1 FORM BASED DISTRICTS Re- Dow1-1 Core RSF1 Urban ThomugNs. RSF-] ..in... Center RSF-a MDs r_r, General RSF-1a Illy commanlry Services RESIDENTIAL MULTI -FAMILY NeighborM1ooa sarvices RMF-e III NeigM1borM1ootl Conservation RMF-tz PLANNEDZONING DISTRICTS RMF-19 Commercial, Intlusrnal, Resltlentlal M RMF-2a INSTITUTIONAL IIII� RMF-0g INDUSTRIAL Running Commissi I-1 Heavy Commercal and Light Indus n 2 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 11 of 14 RZN-2022-0039 Close Up View D ST T ALL Neighborhood Link Unclassified Alley Residential Link r ' Planning Area ! _ _ Fayetteville City Limits 726 W. TAYLOR ST. C m CLEVEL•AND ST w TAYLOR.ST Q ELM x x DOUGLAS ST IC r -n d ee GrVK Sou\\ , Ctov 1 `G0C�r- s� 1 n ' m o■ w 11 a w X w rNAOTH I I Zoning Acres RI-12 0.7 1 Feet 0 75 150 300 450 600 1:2,400 Total 0.7 Planning Comm Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 12 of 14 Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 13 of 14 RZN-2022-0039 Future Land Use 0 rn f w J � J Q BERRY-ST IL 111111111 1 726 W. TAYLOR ST. am Ia H F- w w > W I a J--� v EVELAND ST , Ca o19r Subject Property Q� J w 0 Z J ti rn ALL EAGLE ST Q PRIVATE 'ALL Y 675 675 1 O I ■� ■ > I Q r- m -11 �9 25 ----------------- i Neighborhood Link � Institutional Master Plan � Urban Center — Unclassified — Alley — Residential Link � : i Planning Area 1 Fayetteville City Limits Al — — Trail (Proposed) Design Overlay District ■ MAPLEST____- Y G d Non -Municipal Q Government C� II ORTH � �"11- ADAMS ST • OV � I■� .,� M HAWTHORN ST Neighborhood • n W • O > LLJ ft • G m WO-CLEBURN`-''— � �` C9 Residential N Neighb LATE°j ■ Feet 0 145 290 580 870 1:4,800 r LOUISE ST14 VIL v ) 71 n 1•v > O � z w lb tm IF � City Neighborhood � Civic Institutional � Civic and Private Open Space Industrial Natural � Non -Municipal Government 1,160 Residential Neighborhood Rural Residential Urban CenterPlanning Commis Agenda Item 16 RZN-2022-0039 (BDM REALTY LLC) Page 14 of 14 NORIMSr Axes Democrat I# 0aft F.^-. KII Te 7, FgIETiP3LE, FP, 7210: -179 4'2-l' 0 =..+Y 4N 015 IT - lcl4W Nn�40H.'IM1' AFFIDAVIT OF PUBLICATION I, Paola Lopez, 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 -Clerks Office Ord. 6602 Was inserted in the Regular Edition on: October 2, 2022 Publication Charges: $89.68 Paola Lopez Subscribed and swom to before me This 4 day of Ck�j- , 2022. Cathy Wiles Benton COUNTY NOTARY PUBLIC-ARKANSAS My Commission Expires 02-20-2024 Notary Public r/Commission No. 12397118 My Commission Expires: 2I24/, **NOTE** Please do not pay from Affidavit. Invoice will be sent. DESCRIaEDIN PETITION UN 22-0" ACRES OHM ,mrs A,.b Muno tram W O Iiel Muni-EmI ly.40 Unix I to RI-U, RRiacmW di su m 2: Thaz Ne CiWC.H.fax Ou 2,2022 A unl*&S