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HomeMy WebLinkAboutOrdinance 6609Doc 10: 020]9664000: Type: REL Klnd: ORDINANCE Recorded: 1C/ tpage at 09:41:16 AN - Fee Asti$30.00 PaAe I Af 9 Washta,tan County, AR Kyle,, Clrcult Clerk Flle2022-00034460 113 West Mountain Street Fayetteville, AR 72701 (479)575-6323 Ordinance: 6609 File Number: 2022-0787 RZN 22-037: (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-037 LOCATED SOUTHEAST OF WEST 18TH STREET AND WEST CUSTER LANE IN WARD 1 FOR APPROXIMATELY 3.10 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE AND C-I, NEIGHBORHOOD COMMERCIAL 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-24, Residential Multi -Family, 24 Units Per Acre and C-L Neighborhood Commercial to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on 10/4/2022 Ppe 1 PrInw. feNP2 Ordinance: 6609 File Number: 2022-0787 Approved: Attest: Lioneld Jord , M yor Kara Paxton, City Clerk Treasurer 0 111111Iil111� Y p�'' •;'G ': FAYETTEVILLE : �jr� LI f � • w . • f"�,�1 J��r+i"11 ii { �tj11`1 Page 2 Printed on 1015122 RZN-2022-0037 W. 18TH ST & W. CUSTER LN. RZN-2022-0037 Close Up View EXHIBIT 'A' t w I `d 4 18TH ST I t t t Subject Property I I Il N I _ � I p ra I'd RW � I , I I RSF-4 RMF-24 n i C I C t ARROWHEAD ST {ri Z ?( J M ► !Y NORTH �. Neighborhood Link Zoning Acres Freeway]Expressway Residential Link RI-U 3.1 Hillside -Hilltop Overlay District - Trail (Proposed) Feet I� � Design Overlay District :y Planning Area 0 75 150 300 450 600 ! Total 3.1 Fayetteville City Limits � .2,400 RZN-2022-0037 EXHIBITS' PARCEL #765-04067-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 6, BLOCK 1, RED ARROW NO. 2 SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 234, AND RUNNING THENCE ALONG THE EAST LINE OF BLOCK 1 OF SAID SUBDIVISION NO2°29'30"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 1 AT A DISTANCE OF 178.36', CONTINUING A DISTANCE OF 89.23' TO A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE NORTHEAST CORNER OF LOT 4, BLOCK 1 AND CONTINUING FOR A TOTAL DISTANCE OF 271.71' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID EAST LINE S87°13'09"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3, BLOCK 1 AT A DISTANCE OF 19.93' AND CONTINUING FOR A TOTAL DISTANCE OF 153.90' TO A FOUND 1/2" REBAR; THENCE NO2°34'49"E 133.66' TO A FOUND 1/2" REBAR; THENCE S87°14'48"E 129.52' TO A FOUND 5/8" REBAR; THENCE S02o4l'l0"W 451.51' TO A FOUND 1/2" REBAR LOCATED ON THE NORTH LINE OF LOT 12, BLOCK 1 OF SAID SUBDIVISION, AND RUNNING ALONG SAID NORTH LINE N86°22'55"W, PASSING THROUGH A FOUND 1/2" REBAR AT A DISTANCE OF 232.46' AND CONTINUING FOR A TOTAL DISTANCE OF 238.73' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE N42°54'14"W 60.97' TO THE POINT OF BEGINNING, CONTAINING 2.425 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PARCEL #765-04068-000 PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3, BLOCK 1, RED ARROW NO. 2 SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 243, AND RUNNING THENCE ALONG THE EAST LINE OF LOTS 2 AND 3, BLOCK 1, OF SAID SUBDIVISION NO2°33'35'E 133.60' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID EAST LINE S87°14'48"E 134.01' TO A FOUND 1/2" REBAR; THENCE S02°34'49"W 133.66' TO A FOUND 1/2" REBAR; THENCE N87°13'09"W 133.97' TO THE POINT OF BEGINNING, CONTAINING 0.411 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PARCEL #765-09853-000 LOT 4, BLOCK 1, RED ARROW NO. 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 3, PAGE 243 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. Washington County, AR I certify this instrument was fled on 10/21/2022 09:41:16 AM and recorded in Real Estate File Number 2022-00034460 Kyle Sylvester - Circuit Clerk by_e-� -. _........_-. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0787 Agenda Date: 10/4/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.4 RZN 22-037: (SE OF W.18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-037 LOCATED SOUTHEAST OF WEST 18TH STREET AND WEST CUSTER LANE IN WARD 1 FOR APPROXIMATELY 3.10 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE AND C-1, NEIGHBORHOOD COMMERCIAL 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-24, Residential Multi -Family, 24 Units Per Acre and C-1, Neighborhood Commercial 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 101512022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-0787 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-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC, 598): Submitted by COMMUNITY BY DESIGN for property located SE OF W. 18TH ST & W. CUSTER LN in WARD 1. The property is split -zoned RMF-24, RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS PER ACRE and C-1, NEIGHBORHOOD COMMERCIAL and contains approx. 3.10 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-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC, 598): Submitted by COMMUNITY BY DESIGN for property located SE OF W. 18TH ST & W. CUSTER LN in WARD 1. The property is split -zoned RMF-24, RESIDENTIAL MULTI -FAMILY - TWENTY-FOUR UNITS PER ACRE and C-1, NEIGHBORHOOD COMMERCIAL and contains approx. 3.10 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 southwest Fayetteville along W. Custer Lane, approximately 300 feet south of its intersection with W. 181" Street. The property contains three lots totaling roughly 3.10 acres and is split -zoned RMF-24, Residential Multi -family - Twenty -Four Units per Acre and C-1, Neighborhood Commercial. It is included in the Fayette Junction planning area. Aside from overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy. An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the eastern half of the property. The stream is protected per the streamside protection ordinance and its associated protection zone encumbers roughly half of the site. Each half of the property slopes gradually to the stream channel. Request: The request is to rezone the property from RMF-24, Residential Multi -family - Twenty - Four Units per Acre and C-1, Neighborhood Commercial, to RI-U, Residential Intermediate - Urban. The applicant has not submitted an associated development proposal but suggests the rezoning will facilitate a development of single- and two-family dwellings on the property. Public Comment: Prior to the August 22nd Planning Commission meeting staff received some inquires and public comment on the item. No specific comments were offered in favor or opposition to the subject request, though many were concerned about development of the property in general. Neighbors had issues with the property's current zoning entitlements, limited Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 street frontage, the streamside protection zone, and a desire to maintain a portion of the existing vegetation as a buffer. Several members of the public spoke during the Planning Commission meeting. Specific development concerns were identified by neighbors but, again, comments were not in favor or opposition to the subject request. Commenters spoke of the character of the neighborhood — that residences are affordable and attainable for young families and those affected by disabilities, the implication of the term "residential" as it applies to the existing zoning and future land use map designation, narrow frontage on W. Custer Lane, additional traffic associated with a potential future development, flooding and stormwater runoff, and natural sensitivities on the property. Land Use Compatibility: Staff finds the request to be mostly compatible with the neighboring land uses. Except for a commercial building to the northwest and two- and four -family dwellings immediately to the north, the subject property is surrounded entirely by single-family residences. Rezoning to RI-U permits a variety of housing types but effectively reduces use entitlements because Use Unit 26, Multi -family dwellings would no longer be a permitted use. All other by -right uses allowed under RI-U zoning are identical to RMF-24. RI-U allows multi -family dwellings as a conditional use and otherwise has similar conditional uses apart from Use Unit 11, Manufactured Home Park and Use Unit 25, Professional Offices which are allowed in RMF-24 but not in RI-U. Slightly over an acre of the northern extents of the property is currently zoned C-1 which is a mostly commercial district allowing restaurants, neighborhood shopping, gas stations, and offices by -right. On the other hand, the bulk and area, and density regulations in RI-U are considerably different than both current entitlements and the surrounding neighborhood. RI-U allows lots to be developed with an 18-foot width, no lot area minimum, and no density limitation. RMF-24 prescribes lot width and area based on use, allowing a 35-foot minimum for single-family dwellings up to a 70-foot minimum for multi -family dwellings. Single-family dwellings require a minimum lot size of 3,000 square feet; for multi -family dwellings 7,000 square feet is required. As the name suggests, development in RMF-24 zoning limits density to 24 units or fewer per acre. C-1 has no bulk and area regulations or density limitations. Most of the surrounding neighborhood is zoned RSF-4, Residential Single-family, Four Units per Acre which allows only single-family dwellings by -right. Single family lots in RSF-4 properties require a 70-foot lot width, 8,000 square foot lot area, and limit density to four units per acre. Staff finds that rezoning to RI-U provides flexible bulk and area regulations and compatible housing types which may facilitate appropriate and contextually sensitive development of the site. Tree canopy, hydric soils, a streamside protection zone, and slopes exceeding 15% along the stream bank suggest a conservation -style subdivision could perhaps be the highest appropriate use of the property. This development pattern is likely more achievable in RI-U zoning considering the lot's narrow street frontage, approximately 90 feet, and overhead utility lines encumbering much, if not all, of its frontage. Land Use Plan Analysis: Staff finds that the request is consistent with the Future Land Use Map designation, adopted land use policies, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Staff finds two-, three-, and four -family dwellings as a permitted use is consistent with the future land use designation. The infill score is moderate for the area, which indicates an intermediate zoning district may be the most suitable. Since it is within a half -mile radius of the subject property, Finger Park contributes to the score however, 1-49 separates the park from the subject property, and it therefore is not an easily accessible amenity for residents. Staff finds that rezoning from the current multi -family and commercial entitlements would better align a potential development pattern with the accessible services. Lastly staff finds the rezoning contributes towards City Plan 2040 Goals #1 — Appropriate Infill, 2 — Discourage Suburban Sprawl, and 6 — Create Opportunities for Attainable Housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 6-7 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood Avenue) • Near Sewer Main (W. Custer Lane) • Near Water Main (W. Custer Lane) • Near City Park (Finger Park) • Near City Trail (Town Branch Trail; W. 18t" Street Bike Lane) • Near ORT Bus Stop (Route 48 Peak, W. 15t" Street) • Within Master Plan Area (Fayette Junction Neighborhood Plan) 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 Johnson made the motion and Commissioner Brink seconded. Commissioner Sparkman suggested rezoning the property would bring it into better alignment with the comments offered by the public. Commissioner McGetrick agreed and felt existing easements would inhibit a dense development pattern. Commissioner Johnson agreed. Commissioner Winston also spoke in support of the request, noting that it aligned with the Fayette Junction Master Plan. Commissioner Garlock offered support for the request but said he would not support variances, if they were requested, involving the protected stream. Several members of the public spoke during the August 22nd Planning Commission meeting. Their comments are summarized in the Public Comment section of the report above. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0037 W. 18TH ST & W. CUSTER LN. Close Up View ` . Town gra 1 Trail n�h T UT 1 1 P-1 i I 18TH ST I I / c-z Subject Property / � i, I U � I Q i Prop d RI-U A i I RSF-4 RMF-24 i i I 1 i A 1 r oo ARROWHEAD ST M Z i i RI 1 2 NORTH Neighborhood Link Zoning Acres Freeway/Expressway Residential Link RI-U 3.1 Hillside -Hilltop Overlay District — — — Trail (Proposed) Feet Design Overlay District 0 75 150 300 450 600 r _ Planning Area _ Fayetteville City Limits 1 .2,400 Total 3.1 PARCEL #765-04067-000 A PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 6, BLOCK 1, RED ARROW NO. 2 SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 234, AND RUNNING THENCE ALONG THE EAST LINE OF BLOCK 1 OF SAID SUBDIVISION NO2°29'30"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 4, BLOCK 1 AT A DISTANCE OF 178.36', CONTINUING A DISTANCE OF 89.23' TO A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE NORTHEAST CORNER OF LOT 4, BLOCK 1 AND CONTINUING FOR A TOTAL DISTANCE OF 271.71' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID EAST LINE S87°13'09"E, PASSING THROUGH A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3, BLOCK 1 AT A DISTANCE OF 19.93' AND CONTINUING FOR A TOTAL DISTANCE OF 153.90' TO A FOUND 1/2" REBAR; THENCE NO2°34'49"E 133.66' TO A FOUND 1/2" REBAR; THENCE S87°14'48"E 129.52' TO A FOUND 5/8" REBAR; THENCE S02°41'10"W 451.51' TO A FOUND 1/2" REBAR LOCATED ON THE NORTH LINE OF LOT 12, BLOCK 1 OF SAID SUBDIVISION, AND RUNNING ALONG SAID NORTH LINE N86°22'55"W, PASSING THROUGH A FOUND 1/2" REBAR AT A DISTANCE OF 232.46' AND CONTINUING FOR A TOTAL DISTANCE OF 238.73' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE N42°54'14"W 60.97' TO THE POINT OF BEGINNING, CONTAINING 2.425 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PARCEL #765-04068-000 PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" CAPPED REBAR PLS #1005 MARKING THE SOUTHEAST CORNER OF LOT 3, BLOCK 1, RED ARROW NO. 2 SUBDIVISION AS SHOWN ON PLAT BOOK 3, PAGE 243, AND RUNNING THENCE ALONG THE EAST LINE OF LOTS 2 AND 3, BLOCK 1, OF SAID SUBDIVISION NO2°33'36"E 133.60' TO A FOUND 1/2" CAPPED REBAR PLS #1005; THENCE LEAVING SAID EAST LINE S87°14'48"E 134.01' TO A FOUND 1/2" REBAR; THENCE S02°34'49"W 133.66' TO A FOUND 1/2" REBAR; THENCE N87"13'09"W 133.97' TO THE POINT OF BEGINNING, CONTAINING 0.411 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. PARCEL #765-09853-000 LOT 4, BLOCK 1, RED ARROW NO. 2, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 3, PAGE 243 OF THE PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: August 22, 2022 (Updated with Planning Commission Results) SUBJECT: RZN-2022-0037: Rezoning (SE OF W. 18TH ST & W. CUSTER LN/SOUTHERN LIVING CONSTRUCTION LLC, 598): Submitted by COMMUNITY BY DESIGN for property located SE OF W. 18TH ST & W. CUSTER LN. The property is split -zoned RMF-24, RESIDENTIAL MULTI- FAMILY - TWENTY-FOUR UNITS PERACRE and C-1, NEIGHBORHOOD COMMERCIAL and contains approx. 3.10 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2022-0037 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0037 to City Council with a recommendation of approval." BACKGROUND: The subject property is in southwest Fayetteville along W. Custer Lane, approximately 300 feet south of its intersection with W. 18th Street. The property contains three lots totaling roughly 3.10 acres and is split -zoned RMF-24, Residential Multi -family - Twenty -Four Units per Acre and C-1, Neighborhood Commercial. It is included in the Fayette Junction planning area. Aside from overhead electric lines the site is entirely undeveloped and largely covered by mature tree canopy. An unnamed tributary of the Town Branch, part of the Beaver Reservoir, bisects the eastern half of the property. The stream is protected per the streamside protection ordinance and its associated protection zone encumbers roughly half of the site. Each half of the property slopes gradually to the stream channel. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Mixed -Density Residential C-1, Neighborhood Commercial. South Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre; C-2, Thoroughfare Commercial 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 RMF-24, Residential Multi -family - Twenty - Four Units per Acre and C-1, Neighborhood Commercial, to RI-U, Residential Intermediate - Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 1 of 19 Urban. The applicant has not submitted an associated development proposal but suggests the rezoning will facilitate a development of single- and two-family dwellings on the property. Public Comment: Staff has received some inquires and public comment on the rezoning but no comments in favor or opposed to the specific request. Residents expressed opposition to the property's current zoning entitlements, issues with the limited street frontage, the streamside protection zone, and a desire to maintain a portion of the existing vegetation as a buffer. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the east side of W. Custer Lane. W. Custer Lane is a partially improved Residential Link street with asphalt paving, curb and gutter, but no sidewalks. 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 6-inch water main is present along the west side of W. Custer Lane. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present along the east side of W. Custer Lane. Another existing 8-inch sewer main is present across the northern portion of the property. Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Station 6, located at 990 S. Hollywood Avenue, protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 2 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 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: No portion of the property is within the Hillside -Hilltop Overlay District, nor does the property lie within a FEMA floodplain. Hydric soils are present on the subject property. They are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It is important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Hydric soils are present throughout the entirety of the subject property. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 2 of 19 A protected stream is present in the subject area. Streamside Protection Zones generally consist of a protected area on each side of a stream or creek. This protected area is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, the protected area will be 50 feet wide as measured from the top of bank but, depending on the shape and extent of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. The streamside protection area is present on the west side of the subject property. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-U requires 15% minimum canopy preservation. The current zoning districts, RMF-24, Residential Multi -Family, 24 Units per Acre and C-1 Neighborhood Commercial require a 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as 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 6-7 for this site, with a weighted score of 8. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station 6, 990 S. Hollywood Avenue) • Near Sewer Main (W. Custer Lane) • Near Water Main (W. Custer Lane) • Near City Park (Finger Park) • Near City Trail (Town Branch Trail; W. 18th Street Bike Lane) • Near ORT Bus Stop (Route 48 Peak, W. 15th Street) • Within Master Plan Area (Fayette Junction Neighborhood Plan) 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. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 3 of 19 Finding: Land Use Compatibility: Staff finds the request to be mostly compatible with the neighboring land uses. Except for a commercial building to the northwest and two- and four -family dwellings immediately to the north, the subject property is surrounded entirely by single-family residences. Rezoning to RI-U permits a variety of housing types but effectively reduces use entitlements because Use Unit 26, Multi -family dwellings would no longer be a permitted use. All other by -right uses allowed under RI-U zoning are identical to RMF-24. RI-U allows multi -family dwellings as a conditional use and otherwise has similar conditional uses apart from Use Unit 11, Manufactured Home Park and Use Unit 25, Professional Offices which are allowed in RMF-24 but not in RI-U. Slightly over an acre of the northern extents of the property is currently zoned C-1 which is a mostly commercial district allowing restaurants, neighborhood shopping, gas stations, and offices by -right. On the other hand, the bulk and area, and density regulations in RI-U are considerably different than both current entitlements and the surrounding neighborhood. RI-U allows lots to be developed with an 18-foot width, no lot area minimum, and no density limitation. RMF-24 prescribes lot width and area based on use, allowing a 35-foot minimum for single-family dwellings up to a 70-foot minimum for multi -family dwellings. Single-family dwellings require a minimum lot size of 3,000 square feet; for multi -family dwellings 7,000 square feet is required. As the name suggests, development in RMF-24 zoning limits density to 24 units or fewer per acre. C-1 has no bulk and area regulations or density limitations. Most of the surrounding neighborhood is zoned RSF-4, Residential Single-family, Four Units per Acre which allows only single-family dwellings by -right. Single family lots in RSF-4 properties require a 70-foot lot width, 8,000 square foot lot area, and limit density to four units per acre. Staff finds that rezoning to RI-U provides flexible bulk and area regulations and compatible housing types which may facilitate appropriate and contextually sensitive development of the site. Tree canopy, hydric soils, a streamside protection zone, and slopes exceeding 15% along the stream bank suggest a conservation -style subdivision could perhaps be the highest appropriate use of the property. This development pattern is likely more achievable in RI- U zoning considering the lot's narrow street frontage, approximately 90 feet, and overhead utility lines encumbering much, if not all, of its frontage. Land Use Plan Analysis: Staff finds that the request is consistent with the Future Land Use Map designation, adopted land use policies, and goals of City Plan 2040. The area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. Staff finds two-, three-, and four -family dwellings as a permitted use is consistent with the future land use designation. The infill score is moderate for the area, which indicates an intermediate zoning district may be the most suitable. Since it is within a half -mile radius of the subject property, Finger Park contributes to the score however, 1-49 separates the park from the subject property, and it therefore is not an easily accessible amenity for residents. Staff finds that rezoning from the current multi -family and commercial entitlements would better align a potential development pattern with the accessible services. Lastly staff finds the rezoning contributes towards City Plan 2040 Goals #1 — Appropriate Infill, 2 — Discourage Suburban Sprawl, and 6 — Create Opportunities for Attainable Housing. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 4 of 19 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 current entitlements are not reflective of the current land use surroundings. Rezoning to RI-U is justified because it better aligns the permitted uses of the property while offering a flexible development pattern. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from RMF-24 and C-1 to RI-U has an associated potential to increase traffic generation beyond existing entitlements due to an unlimited density maximum. Staff finds, however, that other protections offered by the development code including parking, tree preservation, and drainage regulations will serve to limit development in a way that does not negatively impact danger and congestion in the area. 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 to RI-U has the potential to increase population density. Staff finds that this request is still compatible with the location and would not place an undue burden on 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-2022-0037. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 5 of 19 PLANNING COMMISSION ACTION: Required YES Date: August 22, 2022 Motion: Johnson (Second: Brink Vote: 7-0-0 BUDGET/STAFF IMPACT: None O Tabled CR Forwarded recommending approval O Denied Attachments: • Unified Development Code: • §161.12 RI-U, Residential Intermediate -Urban • §161.16 RMF-24, Residential Multi -family, 24 Units per Acre • §161.21 C-1, Neighborhood Commercial • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 6 of 19 161.12 District RI-U, Residential Intermediate - Urban (A) Purpose. The RI-U Residential District is designed to permit and encourage the development of detached and attached dwellings in suitable environments, to provide a range of housing types compatible in scale with single-family homes and to encourage a diversity of housing types to meet demand for walkable urban living. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 41 Accessory dwellings Unit 44 Cluster housing development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 12a Limited business Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities (C) Density. None. (D) Bulk and Area Regulations. Dwelling all types) Lot width minimum 18 feet Lot area minimum None (E) Setback Requirements. Front Side Other Side Single Rear Other Rear, from Uses & Two (2) Uses centerline of Family an alley A build -to zone that is None 5 feet 5 feet 12 feet located between the front property, line and a line 25 feet from the front property line. (F) Building Height Regulations. Building height maximum 2 stories/3 stories* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories. (G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 7 of 19 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 8 of 19 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (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 conditional use permit 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 occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 124 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 35 feet Two-family 35 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 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 9 of 19 (3) Land Area Per Dwelling Unit. Manufactured Home 1 3,000 square feet (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(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; 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. 5495, 4-17-12; 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 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 10 of 19 161.21 District C-1, Neighborhood Commercial (A) Purpose. The Neighborhood Commercial District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas. The intent of this district is to allow administrative approval if the developer decides to use urban form, in compliance with the build -to zone and minimum buildable street frontage as specified herein. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 5 Government Facilities Unit 13 Eating places Unit 15 Neighborhood shopping Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 25 Offices, studios, and related services Unit 40 Sidewalk Cafes Unit 44 Cluster Housing Development Unit 45 Small scale production 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 16 Shopping goods Unit 34 Liquor stores Unit 35 Outdoor music establishments* Unit 36 Wireless communications facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. None. (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Side None Side, when contiguous to a residential district 10 feet Rear 20 feet Urban Form Setback Regulations: Front A build -to zone that is located between 10 feet and a line 25 feet from the front property line Side and rear None Side or rear, when contiguous to 15 feet a single-family residential district Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 11 of 19 (F) Building Height Regulations. Building Height Maximum 1 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 boundary line of an adjacent residential district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Urban form minimum buildable street frontage: 50% of the lot width. (Code 1965, App. A., Art. 5(V); Ord. No. 2603, 2-19-80; Ord. No. 1747, 6-29-70; Code 1991, §160.035; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5195, 11-6-08; Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5735, 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6164, §§1, 4, 5, 4-2-19; Ord. No. 6223, §1, 9-3-19; Ord. No. 6245, §2, 10-15-19; Ord. No. 6521 , §4, 1-18-22) Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 12 of 19 community -by -design ♦- • � • .+ i ■ a.r nr�_` i TOWN PLANNING.URBAN ENGINEEMNG July 13, 2022 Via EnerGov Ms. Jessica Masters Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: Custer Lane — Rezone Request Submittal Package Ms. Masters, As a representative of the owner of Washington County Parcels 765-09853-000, 765-04067-000, and 765-04068-000, I respectfully request the City of Fayetteville to approve an ordinance to rezone the subject properties from the existing zoning classifications of C-1 and RMF-24 to the Residential Intermediate Urban (RI-U) Zoning District. Please find the following documents required for processing the rezoning request: • One (1) copy of Exhibit #1 — Survey Description of Property to be Rezoned • One (1) copy of Exhibit #2 — County Parcel Map • One (1) copy of Exhibit #3 — Written Description of Request per City of Fayetteville Rezoning Application • One (1) copy of a consent of owner form The owner of the property is making plans to build single or two-family buildings on the property. The primary reason for the zoning change request is that the owner would like to utilize the more flexible bulk, area, and setback regulations that the RI-U zoning district offers. The RI-U district encourages a more compact development area making possible more tree and streamside preservation. Compared to the existing C-1 and RMF-24 zoning districts, buildings will be smaller scaled and much more in accordance with the building typology found elsewhere in the neighborhood. Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 FayettevilIlra,ACaWQAO, 4 7 9 A@ 03167, R522 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 13 of 19 573 Rockcliff Rd. Fayetteville, AR 72701 August 15, 2022 Ryan Umberger, Senior Planner 125 W. Mountain St Fayetteville, AR 72701 Dear Mr. Umberger: I write regarding Lot 4, Block 1 in Red Arrow secondsubdivision in Fayetteville. This lot is currently zoned RMF-24, Residential Multi -family, twenty-four units per acre. I believe this is an inappropriate zoning for that parcel which I explain below. This lot is original to the Red Arrow Subdivision which extends south and east to Ashwood St. and north to Eighteenth St. Red Arrow Subdivision was built as primarily single-family dwellings. There are two two-family dwellings on West Custer north of this lot and two two-family dwellings on Arrowhead near East Custer Lane. The dwellings across the street from this lot are single family homes. I recently spoke to AEP regarding this lot. As you know AEP has a large electric transmission pole on the lot. AEP tells me no structure can be built on the lot other than their pole. For these reasons the current zoning on Lot 4, Block 1 is misleading and incorrect. A new property owner purchased Lot 4, Block 1 in May of this year. This new property owner also purchased the larger parcel adjoining Lot 4 to the east, also zoned RMF-24. The larger parcel has no other access to an existing street; this larger parcel is landlocked. I understand this new owner has plans to develop both parcels, perhaps using Lot 4, Block 1 as a roadway to the larger parcel. Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 14 of 19 I think using a small platted vacant lot as the only roadway for many vehicles is a disservice to this old established modest neighborhood. This is an older neighborhood where homes range in size from mostly 900 square feet to one recent -build that is 1493 square feet. There are no sidewalks in Red Arrow; residents taking an afternoon stroll use the street. There are currently at least 13 young children living in Red Arrow; they use the street to play and visit friends. These children will certainly be at risk with additional traffic. I own a vacant lot at the south end of West Custer. I contemplated building a house and hired an architect to design plans for me. The architect reported that the City's Stream Side Protection Ordinance meant most of the lot was unbuildable because of the stream running along the east side of the lot. The design she submitted to me showed a long, skinny house aligned against the western boundary of the property. I have held off building for now. If my vacant lot is severely restricted by the Stream Side Protection Ordinance then surely Lot 4 is similarly restricted by the same ordinance. For all of the reasons above I believe Lot 4 should not be used as an entrance to a much higher density development. Fayetteville has a serious shortage of modestly -priced housing suitable for family living; let's protect this lovely neighborhood. Sincerely, (`.�A4 dl�,� Sue Madison Planning Commission August 22, 2022 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 15 of 19 RZN-2022-0037 W. 18TH ST & W. CUSTER LN. _ One Mile View NORTH G \ 0 0.13 0.25 0.5 Miles 1 • IL3 CSV) 1-2 00 i RMF-12 `\ J N� \ G� • _ 5T1ST 1 ST' \ • ��1H ST� HST '\ I • c-2 '\ i ••RPZD \ R-O p • RAF-2 l \\� Subject Property ; • 1 I � RSF-4 t j I t I t NS�G -- - -- — — — — — — —; CATO SPRING RD NS-L / � O �\ 0 V� , ; R-A; C UT 1 P-1 I ,I,oY INN 1 Zoning �I-2 General lntluatriel Regional Link --- RESIDENTIAL SINGLE-FAMILY EXTRACTION Neighborhood Link _ _ _ _ _ _ M Ns-G M a-1 — RI-n COMMERCIAL Regional Link - High Activity RI-12 RealtlemiaFOfice NS-L Gi Freeway/Expressway _ �Reslaemlal-�nalwal �c-z Unclassified RSF-18 �C3 _ FORM BASED DISTRICTS — Residential Link - _ RSF-z moo —ncore RSF4 Human Th—ghrare Planned Neighborhood Link RSF-] M ..in Sireat Center RSF-8 M I—r—General • _ Shared -Use Paved Trail RSF-18 Mcommuniry Services RESIDENTIAL MULTI -FAMILY Neighborhood services Trail (Proposed) Q RMF-8 NeigM1borM1.., Conservation r r r — — — — — _ RMF-12 PLANNED ZONING DISTRICTS J Design Overlay District _ _ _ RMF-18 Commercial, Intluslnal, Resldentlal Fayetteville City Limits Planning Area r - - - - - _ _ _ M RMF-2a INSTITUTIONAL _ IIII�RMF o _P1 - Planning Area INDUSTRIAL p Fayetteville City Limits _-_- I-1Heavycommevi n,Uih1Induslr IanningCommissi n 2 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 16 of 19 RZN-2022-0037 W. 18TH ST & W. CUSTER LN. Close Up View ` . Town Bra 1 Trail n�h T UT 1 1 P-1 i I 18TH ST I I / c-z Subject Property / � i, I i. U � I Q i Prop d RI-U A i I RSF-4 RMF-24 i i I 1 i t i A 1 r oo t ARROWHEAD ST M t Z i i RI 1 2 NORTH Neighborhood Link Zoning Acres Freeway/Expressway Residential Link R1-U 3.1 Hillside -Hilltop Overlay District — — — Trail (Proposed) Feet -_ Design Overlay District 0 75 150 300 450 600 r _ Planning Area _ Fayetteville City Limits 1 .2,400 Total 3.1 Planning Commissi n 2 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 17 of 19 Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 18 of 19 RZN-2022-0037 W. 18TH ST & W. CUSTER LN. _ Future Land Use N 0 RT H I ' OOD AVE CROWNE DR ' •4 LU 1�� \ 8 Z Ir 1 1 % Z J City ; %. L) RICHMOAiDD R -n Neighborhood �� CASCADE DR %• 0 A \ •• O r ' civic r arid• - , \ Private • - - • �(/ ,' Open Space Subject Property 18TH ST y,E1TH PL'�cA - j / r Oy 1 % Residential %\ Neighborhood SLIGO n I ST c I ' -n ARROWHEAD ST I ' ■ 1 N 10 \ �l X '� ` CUSTER,LN p an v6p I � Natural Q Rural 1 v 1 Residential 1 QS O 4�> Regional Link City Neighborhood Neighborhood Link Civic Institutional Freeway/Expressway Civic and Private Open Space — Unclassified Industrial Residential Link Feet Natural li Planning Area Non -Municipal Government Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood — — Trail (Proposed) Rural Residential I Design Overlay District '�'800 Urban Center — Planning Commissi n Agenda Item 14 RZN-2022-0037 (SOUTHERN LIVING CONSTRUCTION LLC) Page 19 of 19