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HomeMy WebLinkAboutOrdinance 6604RZN-2022-0032 Close Up View ■ 1 -TREADWELL-ST Urban Center Alley Residential Link - - - Trail (Proposed) j.._ Design Overlay District Planning Area Fayetteville City Limits 115 S UNIVERSITY AVE I RZN.2022-0032 EXHIBIT'A' titsc Wr F ` `0 I I l NC I Q � Q I � I w f QI: + rMAM•ST - g Subject Property I _ I ot I .I I I-z I � � I 7 � � Q I Pmpcsari ivi5C NF31� 24 � I 1 W j > Z) P-1 i ! F-! HI •L ! wl I ! „u i 4 RSF4 i -STOhiE�ST � � RSF'-7 1 1 1 1 1 NORTH Feet 0 75 150 300 450 600 1:2,400 Zoning Acres MSC 0.6 Total 0.6 RZN-2022-0032 EXHIBITS' REZONE DESCRIPTION: 16 - 16 - 30 LOT 21 IN BLOCK 4 OF PUTMAN'S ADDITION, SUBDIVISION: 07320 NE % OF THE SW % OF SECTION 16 AND LOT 20 AND THE N %2 OF LOT 19 IN BLOCK 4 OF PUTMAN'S ADDITION AND THE W %2 OF THE S %z OF LOT 19 BLOCK 4 OF PUTMAN'S ADDITION City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0793 Agenda Date: 9/20/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.6 RZN 22-032 (115 & 121 S. UNIVERSITY AVE./ROBSON): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-032 LOCATED AT 115 AND 121 SOUTH UNIVERSITY AVENUE IN WARD 2 FOR APPROXIMATELY 0.60 ACRES FROM RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE TO DG, DOWNTOWN GENERAL 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 DG, Downtown General. 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 City of Fayetteville Staff Review Form 2022-0793 Legistar File ID 9/20/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/2/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON, 522): Submitted by MARCIA ROBSON for property located at 115 & 121 S. UNIVERSITY AVE. in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI- FAMILY, 40 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. 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 %PF 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: Gretchen Harrison, Planner DATE: September 2, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON, 522): Submitted by MARCIA ROBSON for property located at 115 & 121 S. UNIVERSITY AVE. in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: City Planning staff recommend denial of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. The Planning Commission recommend approval to rezone the subject property to DG, Downtown General. BACKGROUND: The subject property is located near downtown Fayetteville approximately 800 feet south of West Center Street on the west side of South University Avenue. The property contains two parcels totaling 0.60 acres and three single-family dwellings which were built between 1936 and 1950. A slope in excess of 15% is present on site, though no portion of the property is located within the Hillside/Hilltop Overlay District. Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units per Acre to MSC, Main Street/Center. The applicant has stated that rezoning the property to MSC would allow them to split the existing dwelling units onto individual lots, and it would provide greater flexibility in land uses. Public Comment: Staff received one phone call from a neighbor who expressed their support for the applicant's request and inquired about rezoning their property to MSC as well. Land Use Compatibility: Staff finds the proposed zoning to be somewhat compatible with surrounding land uses. MSC, Main Street/Center is a zoning district that is intended to be more spatially compact than other districts such as DG or NC, with multi -story buildings that accommodate a mix of land uses such as apartments or offices above shops. The existing RMF- 40 zoning district is primarily intended to protect existing high -density multi -family development and to encourage additional development of that type where desirable. The subject property is located mid -block along an unimproved street with alley access and is surrounded by a variety of single- and multi -family residences. Since the subject property is situated in a neighborhood that Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 has an established low -density residential character, staff finds that a rezoning to MSC, which would allow for increased density and nonresidential uses, may not be appropriate at this time. The current RMF-40 zoning district is fairly permissive as it allows up to 24 dwelling units on the property and building heights of up to five stories, though only residential land uses are allowed by right. By comparison, the MSC zoning district has no density limitation and allows building heights of up to seven stories as well as a variety of nonresidential and commercial land uses such as restaurants, retail, and auto repair shops. While both zoning districts allow for development that is out of scale with the surrounding neighborhood, staff finds that a rezoning would not be suitable in this instance since it would allow for a variety of nonresidential land uses that are not directly compatible with the area. However, the applicant is pursuing a rezoning to MSC in order to have the reduced setbacks and lot width necessary to split their property so that each house can be on an individual lot. Currently, the RMF-40 zoning district requires a minimum lot width of 30 feet for single-family dwellings and a side setback of five feet. The proposed MSC zoning district requires a minimum lot width of 18 feet for single-family dwellings and has no side setback. Staff finds that there are alternatives available to the applicant that would allow them to subdivide their property as desired without needing to rezone to MSC. Other zoning districts such as RI-U and DG would allow for reduced lot widths, and DG, which is less permissive in terms of land use, has the same setback regulations as MSC. Creating a tandem lot is another option available to the applicant. Land Use Plan Analysis: Staff finds the proposed zoning to be somewhat inconsistent with the City's land use planning objectives, principles, and policies. While the property has a high infill score of 12 and is near public services, the existing RMF-40 zoning district would allow for appropriate residential infill. A rezoning to MSC has the potential to introduce nonresidential uses mid -block along an unimproved street, University Avenue, which is set to become a dead-end with the closure of the railroad crossing to the south. Thus, any new development is not likely to result in increased connectivity. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8" main, South University Avenue) • Near Water Main (6" main, East Spring Street) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Main Campus • Near City Park (Fay Jones Woods) Near Paved Trail (Frisco Trail) Near ORT Bus Stop (Route 20) • Near Razorback Transit (Route 13) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density (Greater than 140 intersections/square mile) DISCUSSION: At the August 22, 2022 Planning Commission meeting, a vote of 6-1-0 forwarded this request to City Council with a recommendation to rezone the property to DG, Downtown General. Commissioner Johnson made the motion and Commissioner McGetrick seconded. While commissioners expressed few concerns about the applicant's request to rezone to MSC, they voted to forward the request with a recommendation to rezone to DG since that zoning district is less permissive in terms of land use and still provides the lot width and setbacks desired by the applicant. Commissioner Garlock, voting in opposition, expressed concerns about MSC and DG not having a residential density limitation. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0032 115 S UNIVERSITY AVE Close Up View TREADWEL•L - PUTMAN•ST "1114 WI Q STONE-ST— :- IL 4 1 I Urban Center Alley Residential Link - - - Trail (Proposed) — Design Overlay District Planning Area Fayetteville City Limits E-ST 0 75 150 Subject Property Feet 300 1:2,400 I-1 RSF-4 sill 6100M.- 450 •11 RZN-2022-0032 EXHIBIT 'A' P-1 Zoning Acres MSC 0.6 Total 0.6 RZN-2022-0032 EXHIBITS' REZONE DESCRIPTION: 16-16-30 LOT 21 IN BLOCK 4 OF PUTMAN'S ADDITION, SUBDIVISION: 07320 NE % OF THE SW % OF SECTION 16 AND LOT 20 AND THE N %2 OF LOT 19 IN BLOCK 4 OF PUTMAN'S ADDITION WAD THE W %2 OF THE S %2 OF LOT 19 BLOCK 4 OF PUTMAN'S ADDITION CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: August 22, 2022 (Updated with results from PC hearing) SUBJECT: RZN-2022-0032: Rezone (115 & 121 S. UNIVERSITY AVE./ROBSON, 522): Submitted by MARCIA ROBSON for property located at 115 & 121 S. UNIVERSITY AVE. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE and contains approximately 0.60 acres. The request is to rezone the property to MSC, MAIN STREET CENTER. RECOMMENDATION: Staff recommends denial of RZN-2022-0032 based on the findings herein. RECOMMENDED MOTION: "1 move to deny RZN-2022-0032." BACKGROUND: The subject property is located near downtown Fayetteville approximately 800 feet south of West Center Street on the west side of South University Avenue. The property contains two parcels totaling 0.60 acres and three single-family dwellings which were built between 1936 and 1950. A slope in excess of 15% is present on site, though no portion of the property is located within the Hillside/Hilltop Overlay District. Surrounding land uses and zoning are depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped RMF-40, Residential Multi -Family, 40 Units per Acre South Single -Family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Single -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 MSC, Main Street/Center. The applicant has stated that rezoning the property to MSC would allow them to split the existing dwelling units onto individual lots, and it would provide greater flexibility in land uses. Public Comment: Staff received one phone call from a neighbor who expressed their support for the applicant's request and inquired about rezoning their property to MSC as well. INFRASTRUCTURE: Streets: The subject property has frontage along South University Avenue, a partially - improved Urban Center 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 property. An existing six-inch water main is present in the center of South University Avenue. Sewer: Sanitary sewer is available to the subject property. An existing eight -inch sewer main is present on the west side of South University Avenue. Drainage: No portion of the subject property lies within the Hillside -Hilltop Overlay District or a streamside protection zone, and no FEMA-designated floodplains or hydric soils are present. Any additional improvements or requirements for drainage would be determined at the time of development. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.40 miles from the fire station with an anticipated drive time of approximately two minutes using existing streets. The anticipated response time would be approximately 4.2 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 the 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, MSC, Main Street/Center, requires 10% 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 mix of non-residential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types from single-family to multi -family. Nonresidential and commercial uses are primarily located at street intersections and along major corridors. Ideally, commercial uses would have a residential component and vary in size, variety and intensity. The street network should have a high number of intersections creating a system of small blocks with a high level of connectivity between neighborhoods. Building setbacks and landscaping are urban in form with street trees typically being located within the sidewalk zone. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site with a weighted score of 15.5. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8" main, South University Avenue) 0 Near Water Main (6" main, East Spring Street) • Near Grocery Store (Walmart Neighborhood Market) • Near Public School (Fayetteville High School) • Near U of A Main Campus • Near City Park (Fay Jones Woods) • Near Paved Trail (Frisco Trail) • Near ORT Bus Stop (Route 20) • Near Razorback Transit (Route 13) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density (Greater than 140 intersections/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 proposed zoning to be somewhat compatible with surrounding land uses. MSC, Main Street/Center is a zoning district that is intended to be more spatially compact than other districts such as DG or NC, with multi -story buildings that accommodate a mix of land uses such as apartments or offices above shops. The existing RMF-40 zoning district is primarily intended to protect existing high -density multi- family development and to encourage additional development of that type where desirable. The subject property is located mid -block along an unimproved street with alley access and is surrounded by a variety of single - and multi -family residences. Since the subject property is situated in a neighborhood that has an established low -density residential character, staff finds that a rezoning to MSC, which would allow for increased density and nonresidential uses, may not be appropriate at this time. The current RMF-40 zoning district is fairly permissive as it allows up to 24 dwelling units on the property and building heights of up to five stories, though only residential land uses are allowed by right. By comparison, the MSC zoning district has no density limitation and allows building heights of up to seven stories as well as a variety of nonresidential and commercial land uses such as restaurants, retail, and auto repair shops. While both zoning districts allow for development that is out of scale with the surrounding neighborhood, staff finds that a rezoning would not be suitable in this instance since it would allow for a variety of nonresidential land uses that are not directly compatible with the area. However, the applicant is pursuing a rezoning to MSC in order to have the reduced setbacks and lot widths necessary to split their property so that each dwelling can be on an individual lot. Currently, the RMF-40 zoning district requires a minimum lot width of 30 feet for single-family dwellings and a side setback of five feet. The proposed MSC zoning district requires a minimum lot width of 18 feet for single-family dwellings and has a side setback of zero feet. Staff finds that there are alternatives available to the applicant that would allow them to subdivide their property as desired without needing to rezone to MSC. Other zoning districts such as RI-U and DG would allow for reduced lot widths, and DG, which is less permissive in terms of land use, has the same setback regulations as MSC. Creating a tandem lot is another option available to the applicant. Land Use Plan Analysis: Staff finds the proposed zoning to be somewhat inconsistent with the City's land use planning objectives, principles, and policies. While the property has a high infill score of 12 and is in close proximity to public services, the existing RMF-40 zoning district would allow for appropriate residential infill. A rezoning to MSC has the potential to introduce nonresidential uses mid -block along an unimproved street, University Avenue, which is set to become a dead-end with the closure of the railroad crossing to the south. Thus, any new development is not likely to result in increased connectivity. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed zoning is not needed at this time. The current zoning of RMF-40 is fairly permissive in terms of setbacks, lot widths, and residential density, and a rezoning to MSC would allow for increased buildings heights and nonresidential uses in an established low -density residential neighborhood. While the applicant has stated that a rezoning is needed in order to subdivide the property, staff finds that there are more compatible alternatives available such as creating a tandem lot or requesting a lower -intensity zoning. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: The proposed zoning is not likely to create or appreciably increase traffic danger or congestion when compared to the existing zoning. Residential uses have firm parking requirements with some permitted reductions while nonresidential uses have no minimum parking requirement. So, any new residential development, whether under the current or proposed zoning, would have the potential to impact traffic danger or congestion. While the subject property has frontage along University Avenue, an unimproved Urban Center street, the property also has direct access to an alley and any new development could improve urban form and traffic safety by rear - loading parking and removing the existing non -conforming spaces along University Avenue. Any increase in traffic danger or congestion would be fully evaluated and mitigated at the time of development review. 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 RMF-40 to MSC has the potential to increase population density when considering that MSC does not have a residential density limitation. However, given the size of the property and the City's parking, tree preservation, and stormwater ordinance, any new residential development, whether under the current or proposed zoning, is likely to be limited and not have an adverse impact on public services. 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 denial of RZN-2022-0032. PLANNING COMMISSION ACTION: Required YES Date: August 22, 2022 O Tabled Zl Forwarded O Denied with a recommendation Motion: Johnson to rezone to DG, Downtown General Second: McGetrick Vote: 6-1-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.17 —District RMF-40, Residential Multi -Family —Forty (40) Units Per Acre o §161.27 — Main Street/Center • Request Letter • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 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 park 50 feet Single-family 30 feet Two 2 family 30 feet Three or more 1 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 (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." 161.27 Main Street/Center (A) Purpose. A greater range of uses is expected and encouraged in the Main Street/Center. The Center is more spatially compact and is more likely to have some attached buildings than Downtown General or Neighborhood Conservation. Multi -story buildings in the Center are well -suited to accommodate a mix of uses, such as apartments or offices above shops. Lofts, live/work units, and buildings designed for changing uses over time are appropriate for the Main Street/Center. The Center is within walking distance of the surrounding, primarily residential areas. For the purposes of Chapter 96: Noise Control, the Main Street/Center district is a commercial zone. (B) Uses. (1) Permitted uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 13 Eating places Unit 14 Hotel, motel, and amusement facilities Unit 16 Shopping goods Unit 17 Transportation trades and services Unit 19 Commercial recreation, small sites Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 26 Multi -family dwellings Unit 34 Liquor stores Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 28 Center for collecting recyclable materials Unit 29 Dance halls Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling (all unit types) 18 feet (2) Lot Area Minimum. None. (E) Setback Regulations. Front A build -to zone that is located between the front property line and a line 25 feet from the front property line. Side None Rear 5 feet Rear, from center line of an alley 12 feet (F) Minimum Buildable Street Frontage. 75% of lot width. (G) Building Height Regulations. Building Height Maximum 5 stories/7 stories* A building or a portion of a building that is located between 0 and 15 feet from the front property line or any master street plan right-of-way line shall have a maximum height of five (5) stories. A building or a portion of a building that is located greater than 15 feet from the master street plan right-of-way line shall have a maximum height of seven (7) stories. (Ord. No. 5028, 6-19-07; Ord. No. 5029, 6-19-07; Ord. No. 5042, 8-07-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4- 20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6223 , §1, 9-3-19; Ord. No. 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." -v , Al5 t JM _ � � r � ►�Wl'S D�'r i 2 I _�� - .ut, KIS- 6E --ly ri.�-n --i. 1A I-a—:5Le-jfl C lel JA b n t- 14 A5 - ��a-? doh' �,I&tl�_�^r - - --- vp, RZN-2022-0032 115 S UNIVERSITY AVE Close Up View TREADWEL•L - PUTMAN•ST "1114 WI Q STONE-ST— :- IL 4 1 I Urban Center Alley Residential Link - - - Trail (Proposed) — Design Overlay District Planning Area Fayetteville City Limits E-ST 0 75 150 Subject Property Feet 300 1:2,400 I-1 RSF-4 sill 6100M.- 450 •11 P-1 Zoning Acres MSC 0.6 Total 0.6 RZN-2022-0032 115 S UNIVERSITY AVE Current Land Use A& NORTH — --- r .. lit �a l I i t 1 Q CENTER ST \ Multi -Family Residential ' I g .,. SY mil•'* Z � yf' ° p m i •.* k Subject Property a Multi -Family t j J STIONE MIP Neighborhood Link Urban Center Alley Residential Link — — — Trail (Proposed) r : : Planning Area r _ ' Fayetteville City Limits __J Design Overlay District w a _:i� ' Single -Family Residential .., Feet 0 112.5 225 450 675 900 1:3,600 Civic an FF r FQ PF� FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN-2022-0032 Future Land Use 115 S UNIVERSITY AVE FAIRVIEW ST ' Civic and Private -- - - -- - ••• Open Space I . 'OIL ■ - CENTER,SIL ORTH —4--iiiiiiii—MEADOW,ST I M M I'ir •... r —TREADWELL-ST , w ` MOUNTAIN'ST Subject Property > City Neighborhood PUTMANLST __�-- --- , ~ w ROCK•ST WIN f J j , Civic i Q m, M �� , M CO) Q C7 ' Institutional z v w LU (,Ft � z J BULLDOG BLVDD STONE-ST o—STONE'ST m L ; , _- SOUTH ST rW 11 W ;,ME Cl)0 , ME Q 1 1 ""'-AVE i �` , _ O = R ■ O r = _ i �.� i J O will Q PRAIRI&ST z,> a : 5TH�ST Z Q. —VLL z:Q 0 Neighborhood Link Institutional Master Plan Regional Link - High Activity Urban Center Unclassified Alley Residential Link Ir i Planning Area j — Fayetteville City Limits Trail (Proposed) Design Overlay District �r wQ O • O W _> � > O ' V Q C9 C9 CO MARTIN LUTHER , KING JR BLVD IL ---� 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 NORTHWEST A KAR3 s Ood n:66Ea Democrat (1�a etC2 UN IS&121S. UN 432I13&11 UNIVERSITY ANIORDIN ORDINANCETO REDONE AN ORDINANCE TO REZONE THA' d' F.. T E L _. AP. L( C+ - "34 2-:700• U 3y.691.11'3, WMI . AD d 5F. PROPERTY DESCRIBED IN REZONING PETITION RZN 224)32 LOCATED AT 115 AND 121 SOUTH UNIVERSITY AVENUE IN WARD 2 FOR APPROMMATELY Ob0 ACRE: AFFIDAVIT OF PUBLICATION FROM RMF�,RESIDENTIAL MULTIFAMILY, 40 UNITS PER ACRE TO DO. DOWNTOWN I, Paola Lo a do solemnly swear that I am the Accounting Legal Clerk of the P z+ Y g g GENERAL BE ITORDAINED BY THE CRY Northwest Arkansas Democrat -Gazette, a daily newspaper printed and COUNCIL OF THE CITY OF in said County, State of Arkansas; that I was so related to this tY+ FAYErTEVILLE, ARKANSAS: published P Seclionl: That Om CityCourniloftic publication at and during the publication of the annexed legal advertisement City °f F. noti k Arknnrs kreby the matter of: Notice pending in the Court, in said County, and at the dates of chSnga Oc mne davificAimm�ofac Plopaty sho+en on We SAEIExklbA) the several publications of said advertisement stated below, and that during said aSe uA les.1 desai°fion rlsnikl en 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 440, ResMint Multi Fmly, 40 Uninl published in said County, and had a bona fide circulation therein for the period of ott� 2 o W, Duk°WC'i'ry CUW. e one month before the date of the first publication of said advertisement; and that City offty ° Bk A nt InmE said advertisement was published in the regular dail Issues of said newspaper PY P Per C11y of ,, °jj mi CityofF Loom 1. zonin, as stated below. vidodin PASSED k se vnn 1. end APPROVED on and 9=02 92W1022 City of Fayetteville -Clerks Office APPmeed: Ord. 6604 Untold Jordan, Mayor A= Km Paxton, City Ckrk Tuamer Was inserted in the Regular Edition on: c or � �r y � of eskibliontion October 2, 2022 Fnyme.ak. ArkeASs. Amaum P.Id: s 75.E 756os105 00.2. zozz Publication Charges: $89.68 Paola Lopez Subscribed and sworn to before me Cathy Wiles This 4 day of , 2022. Benton COUNTY NOTA,/ PU@LI7- My Con W O Con, Notary Public �� My Commission Expires: 2-I 2,4 "NOTE" Please do not pay from Affidavit. Invoice will be sent.