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HomeMy WebLinkAboutOrdinance 6631OocKind ID: 020914690006 Type: qEL Recorded I01/06/2023 at 11:35: f8 An Fee Ami: $,,.0, Pape t of 6 --: Washlnpton County, qp Kyle Sylvester Clrcult Clerk 113 West Mountain Stre, F11e2023_00000596 Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6631 File Number: 2022-219 RZN 2022-050 (682 W. STONE ST/KEVLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-050 LOCATED AT 682 WEST STONE STREET IN WARD 2 FOR APPROXIMATELY 0.11 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 l: 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 RMF40, Residential Multi -Family, 40 Units Per Acre to RI-U, Residential Intemledime-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 December 20, 2022 Approved: Attest: gt%G .RK 01TY OF. U: FAYE77EViL Li eld Jordan, r Kam Paxton, City ClIerk Treas �-x Page 1 RZN-2022-0050 Close Up View Urban Center Alley Residential Link Trail (Proposed) Design Overlay District Planning Area Fayetteville City Limits 682 W. STONE ST s Subject Property — LU 1 ST—a -STONE-ST C � C MI Feet 0 75 150 300 450 600 1:2,400 RZN-2022-0050 EXHIBIT'A' In RIES] PRAIRIE-ST EW�� Zone Current Proposed RI-U 0.0 0.1 RMF-40 01 00 Total 0.1 ac RZN-2022-0050 EXHIBIT 'B' PLANNING Development Services Building Attn: Planning Division 125 West Mountain Street Fayetteville, AR 72701 RE: Legal description of 682 West Stone Street Below is the complete legal description as identified on the Washington County Assessor's Office: EAST 50 FT. LOTS 11-12 BLOCK 4 FURTHER DESCRIBED FROM 2019-14639 AS: Beginning at the Southeast corner of Lot 12 in Block 4 of Putman's Addition to Fayetteville, Arkansas, thence North parallel with alley 100 feet, thence West 50 feet, thence South parallel with alley 100 feet, thence East 50 feet to the Point of Beginning, being 50 feet off the East End of Lots 11 and 12, Block 4, Putman's Addition to Fayetteville, Arkansas, as per plat of said addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. 2397 N Green Acres Road Fayetteville, Arkansas 72703 Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, William S. Collier and Sarah B. Collier thereinafter "Petitioner"), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in -the Circuit Court of Washington Cpunty and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following: Permitted Uses under Fayetteville Development Code §161.11(B)(1) 2. Other restrictions including number and type of structures upon the property are limited as follows: Any development on the Property shall be limited to a maximum of 12 units. 3. Specific activities will not be allowed upon petitioner's property. include: N/A 4. Any other terms or conditions: N/A 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, William S. Collier, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. /.0-.20-2 Bate 2K?,� Add• s f STATE OF ARKANSAS COUNTY OF WASHINGTON Printed Name Signature NOTARY OATH And now on this the ? C �`� day of Dste.^, ) r(' 2(i :LZ,, appeared before me, tO LL a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: OEOb'0£ ►meF X3 .: WOW. :, bK&CU # NOISSflN4Y0J M NLLJ.GLADDEN +a*Mr • ': MY CO MINISSION # 92379841 RIRES: December30, ZO IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Sarah B. Collier, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. Date 2413 W WA4 M WN Address 12 ra3 STATE OF ARKANSAS COUNTY OF WASHINGTON LaLVA �o�V Ct �41 Printed Name I Signature V NOTARY OATH And now on this the -L{j��day of 20? appeared before me, a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. '�u NOTARY PUBLIC My Commission Expires: ll41LL J. GLADDEN Y' ._ MYCOMMISSIOW2370MI •, .. EXPIRE&: December 30.2030 :��'�kr"i1 ��� V1fa9hf1pE011C01J�lty nne.aw•a«�. Washington County, AR I certify this instrument was filed on 01IOW2023 11:35:18 AM and recorded in Real Estate File Number 2023-00000596 Kyle Sylvester - Circuit Clark ^r by City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 p (479)575-8323 Text File File Number: 2022-1125 Agenda Date: 12/20/2022 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C.3 RZN 2022-050 (682 W. STONE ST/KEVLIN): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-050 LOCATED AT 682 WEST STONE STREET IN WARD 2 FOR APPROXIMATELY 0.11 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 1212112022 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2022-1125 Legistar File ID 12/20/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 12/2/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted by MBL PLANNING for property located at 682 W. STONE ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and contains approximately 0.11 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 V20210527 Previous Ordinance or Resolution # Approval Date: CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 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: December 2, 2022 CITY COUNCIL MEMO SUBJECT: RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted by MBL PLANNING for property located at 682 W. STONE ST in WARD 2. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and contains approximately 0.11 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 located in central Fayetteville, roughly 150 feet east of the intersection of W. Stone Street and S. Hill Avenue. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre, totals approximately 0.11 acres, and developed with a single-family residence which was built in 1919. Just off -site roughly 200 feet to the east is the Arkansas -Missouri Railroad. Request: The request is to rezone the property from RMF-40, Residential Multi -Family, 40 Units per Acre to RI-U, Residential Intermediate -Urban. 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 context. A wide array of residential uses and densities are located near the subject property. Neighboring properties are of a variety of sizes, largely resulting from the existing development on those properties. Both the existing and proposed zoning designations are high -density residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. When compared to RMF-40, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.11 acres, a maximum of four units are permitted under current entitlements, where rezoning to RI-U would remove the density limitation. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. RMF-40 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 zoning allows multi -family dwellings by -right where they are only allowed as a conditional use in RI-U. Rezoning to RI-U would reduce side and rear setbacks for three- and four -family dwellings, increasing the buildable area on site. Some bulk and area regulations for RI-U are more permissive than RMF-40. Where the requirements for RMF-40 vary by land use, the minimum lot width and lot area permitted are 30 feet and 2,000 square feet, respectively. RI-U zoning has a minimum lot width requirement of 18 feet and no lot area minimum. Conversely, the aforementioned multi -family allowance under RMF-40 includes a five -story height limit, compared with the smaller single-, 2-, 3-, and 4-family buildings allowed under RI-U with a three-story height limit. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RMF-40 to RI-U serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill and #6 — Create Opportunities for Attainable Housing. Some site scores high on the Infill Scoring Matrix due to water/sewer access, public schools, the university campus, parks and trails, transit, and groceries nearby. Because of the flexible zoning regulations associated with the RI-U district, rezoning may allow for redevelopment or added density near these services. Additionally, where large multi -family buildings are currently permitted under RMF-40, RI-U encourages more appropriately scaled buildings in relation to the existing neighborhood. The Future Land Use Map designates the site as a City Neighborhood Area — a designation intended to encourage a dense development pattern. Increasing density is likely best facilitated on a site of this size due to the generous regulations in RI-U zoning and it is justified given the property's proximity to commercial and non- residential uses in downtown Fayetteville, a grocery store, Fayetteville High School, and the trail network. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 12 attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8" sewer main, W. Stone St.) • Near Water Main (8" water main, W. Stone St.) • Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.) • Near Public School (Fayetteville High School) • Near University of Arkansas Campus • Near City Park (Fay Jones Woods) • Near Paved Trail (Frisco Trail) • Near ORT Bus Stop (Route 20) • Near Razorback Transit Stop (Route 13 Detour Peak) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density DISCUSSION: At the November 28, 2022, Planning Commission meeting, a vote of 6-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Madden seconded. Commissioner Garlock posited that the request was compatible with the surroundings and would contribute to a walkable neighborhood. No other members of the Commission spoke on the item. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report RZN-2022-0050 682 W. STONE ST Close Up View PUTMAN ST W J a a z a t� STONEST—>- ° a J Urban Center Alley Residential Link - - - Trail (Proposed) _ Design Overlay District _1 Planning Area Fayetteville City Limits MSC I RMF-24 I I I W I IA_ C9 W Q' 0 I RSF-4 I I _ /C RSF-7 RMF-40 CO) RI-U I�1"q V F R-O F- - - - - - - - - - - - - w PRAIRIE�ST 2w z> Wa W > IM NORTH 0 Zone Current Proposed RI-U 0.0 0.1 RMF-40 0.1 0.0 Feet 0 75 150 300 450 600 1:2,400 1 Total 0.1 ac PLANNING Development Services Building Attn: Planning Division 125 West Mountain Street Fayetteville, AR 72701 RE: Legal description of 682 West Stone Street Below is the complete legal description as identified on the Washington County Assessor's Office: EAST 50 FT. LOTS 11-12 BLOCK 4 FURTHER DESCRIBED FROM 2019-14639 AS: Beginning at the Southeast corner of Lot 12 in Block 4 of Putman's Addition to Fayetteville, Arkansas, thence North parallel with alley 100 feet, thence West 50 feet, thence South parallel with alley 100 feet, thence East 50 feet to the Point of Beginning, being 50 feet off the East End of Lots 11 and 12, Block 4, Putman's Addition to Fayetteville, Arkansas, as per plat of said addition on file in the Office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas. 2397 N Green Acres Road Fayetteville, Arkansas 72703 Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbl-arch.com CITY OF _' FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: November 28, 2022 (Updated with PC Results) SUBJECT: RZN-2022-0050: Rezoning (682 W. STONE ST/KEVLIN, 522): Submitted by MBL PLANNING for property located at 682 W. STONE ST. The property is zoned RMF-40, RESIDENTIAL MULTI -FAMILY, FORTY UNITS PER ACRE and contains approximately 0.11 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2022-0050 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2022-0050 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in central Fayetteville, roughly 150 feet east of the intersection of W. Stone Street and S. Hill Avenue. The property is zoned RMF-40, Residential Multi -family, 40 Units per Acre, totals approximately 0.11 acres, and developed with a single-family residence which was built in 1919. Just off -site roughly 200 feet to the east is the Arkansas -Missouri Railroad. Surrounding land uses and zoning is 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 Undeveloped 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 RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on this item. Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 1 of 14 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the north side of W. Stone Street. W. Stone Street is a partially -improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the south side of W. Stone Street. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the south side of W. Stone Street. Fire: Station 1, located at 303 W. Center Street protects this site. The property is located approximately 0.6 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. Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or within a FEMA floodplain, there are no protected streams present in the subject area, nor are there any hydric soils present on the site. Any additional improvements or requirements for drainage will be determined at time of development. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15% minimum canopy preservation. The current zoning district of RMF-40, Residential Multi -Family, 40 Units per Acre requires 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 a City Neighborhood. 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. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non- residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 12 for this site, with a weighted score of 17 at the highest. The following elements of the matrix contribute to the score: Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 2 of 14 • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (8" sewer main, W. Stone St.) • Near Water Main (8" water main, W. Stone St.) • Near Grocery Store (Walmart Neighborhood Market, 660 W. Martin Luther King Jr. Blvd.) • Near Public School (Fayetteville High School) • Near University of Arkansas Campus • Near City Park (Fay Jones Woods) • Near Paved Trail (Frisco Trail) • Near ORT Bus Stop (Route 20) • Near Razorback Transit Stop (Route 13 Detour Peak) • Appropriate Future Land Use (City Neighborhood Area) • Sufficient Intersection Density FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. A wide array of residential uses and densities are located near the subject property. Neighboring properties are of a variety of sizes, largely resulting from the existing development on those properties. Both the existing and proposed zoning designations are high -density residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. When compared to RMF-40, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.11 acres, a maximum of four units are permitted under current entitlements, where rezoning to RI-U would remove the density limitation. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. RMF-40 zoning allows multi -family dwellings by -right where they are only allowed as a conditional use in RI-U. Rezoning to RI-U would reduce side and rear setbacks for three- and four -family dwellings, increasing the buildable area on site. The bulk and area regulations for RI-U are more permissive than RMF-40. Where the requirements for RMF-40 vary by land use, the minimum lot width and lot area permitted are 30 feet and 2,000 square feet, respectively. RI-U zoning has a minimum lot width requirement of 18 feet and no lot area minimum. Land Use Plan Analysis: Staff finds the proposal is consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RMF-40 to RI-U serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill and #6 — Create Opportunities for Attainable Housing. The site scores high on the Infill Scoring Matrix due to water/sewer access, public schools, the university campus, parks and trails, transit, and groceries nearby. Because of the flexible zoning regulations associated with the RI-U district, rezoning may allow for redevelopment or added density near these services. The Future Land Use Map designates the site as a City Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 3 of 14 Neighborhood Area — a designation intended to encourage a dense development pattern. Increasing density is likely best facilitated on a site of this size due to the generous regulations in RI-U zoning and it is justified given the property's proximity to commercial and non-residential uses in downtown Fayetteville, a grocery store, Fayetteville High School, and the trail network. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that a rezoning to RI-U is justified. The applicant cites, and staff agrees, that the RMF-40 standards are better suited for larger developments and rezoning will allow the property to develop under proportional regulations. Because rezoning will better support infill redevelopment on the property, staff finds the proposed zoning to be consistent with the City's future land use goals and therefore needed at this time. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to RI-U has an associated potential to increase traffic at this location. RI-U permits development at an unlimited density where it is currently limited to 40 units per acre. Staff finds, though, the potential to increase the number of residential units is marginal given the size of the size and unlikely to result in increased traffic danger or congestion. The subject property has access to W. Stone Street, a Residential Link and alley right-of- way to the east. Future development would be subject to the City's access management and parking standards. 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 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant. The size of the property and access to existing water and sewer infrastructure means future development will likely avoid the need for costly extensions to 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. Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 4 of 14 Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2022-0050. PLANNING COMMISSION ACTION: Required YES Date: November 28, 2022 O Tabled ® Forwarded O Denied Motion: Garlock ISecond: Madden Recommending approval. Vote: 6-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.12 District RI-U, Residential Intermediate — Urban o §161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) 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. (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 November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 6 of 14 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) 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 Forty (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 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. Planning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 8 of 14 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) 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 November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 9 of 14 PLANNING Development Services Building Attn: Planning Division 125 West Mountain Street Fayetteville, AR 72701 RE: Rezoning request for 682 West Stone Street from RMF-40 District to RI-U District Along with our application, please consider these justifications for rezoning request. 1. This request is appropriate for a property of this size to remain developable. The subject property is currently zoned Residential Multi -family — Forty Units per Acre (RMF-40) District, but is only approximately 50' by 100' in size. The development standards for the RMF-40 District are intended for larger developments, therefore, rezoning to RI-U District will allow the property to develop under more proportional development standards. 2. Located just over 400 feet to the west, there are two properties zoned RI-U District. This shows that the uses included in the RI-U District have been considered compatible with the RMF-40 District uses in the past. We contend that this remains to be true for the subject property. 3. By rezoning the property from RMF-40 District to RI-U District, the potential unit density of the property is decreased, which will in turn decrease potential vehicular demand, albeit at a negligible rate, on West Stone Street, which is classified as Residential Link. West Stone Street will continue to be fully capable of providing sufficient capacity for the subject property upon approval of this rezoning. It is for these reasons that this request for rezoning to Residential Intermediate — Urban will not adversely affect nor conflict with the surrounding properties and may be seen as appropriate when applied to 706 West Stone Street. Sincerely, Lindsay Hackett, AICP Project Manager MBL Planning 2397 N Green Acres Road Fayetteville, Arkansas 72703 Phone: 479.443.7121 www.mbl-arch.com E-mail: info@mbbprch.cm anning Commission November 28, 2022 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 10 of 14 Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 11 of 14 RZN-2022-0050 682 W. STONE ST Close Up View PUTMAN ST W J a a z a t� STONEST—>- ° a J Urban Center Alley Residential Link - - - Trail (Proposed) _ Design Overlay District _I Planning Area Fayetteville City Limits 1 MSC I RMF-24 I I I W I IA_ C9 W Q' � I RSF-4 I I _ F- - - - - - - - - - - - - w PRAIRIE�ST— 2w z> Wa W > 1. NORTH 0 Zone Current Proposed RI-U 0.0 0.1 RMF-40 0.1 0.0 Feet 0 75 150 300 450 600 1:2,400 Total 0.1 ac Planning Comm Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 12 of 14 RZN-2022-0050 682 W. STONE ST Current Land Use NORTH , Single -Family and Multi -Family Residential L 6 -,, == y i n PP mm ^ Subject Property _ tf Affrf or er � fr r Ff F fPP rplfp�rypFt Single -Family and Multi -Family Residential Single -Family and Multi -Family Residential Regional Link - High Activity Urban Center Alley Residential Link — — — Trail (Proposed) r :: Planning Area r _ ' Fayetteville City Limits -_J Design Overlay District Single -Family and Multi -Family Residential T ' Aw i L t+y► ... MARTIN LUTHER I ..P--KINGJR BLVD Feet 0 112.5 225 450 1:3,600 675 900 rt1jl_ FEMA Flood Hazard Data 100-Year Floodplain Floodway Planning NQ i* Agenda Item 7 RZN-2022-0050 (KEVLIN) Page 13 of 14 RZN-2022-0050 Future Land Use City Neighborhood 682 W. STONE ST , —TREADWELL-ST PUTMAN-STT— N SUnfect Fro{ r` w J J Q BULLDOG BLVD STONE-ST a—STONE-ST w x w Q � O J W a J_ x Z Civic Q Institutional Z W a a x Z U im � Neighborhood Link � Regional Link - High Activity � Urban Center Alley Residential Link n Planning Area Fayetteville City Limits — — Trail (Proposed) — Design Overlay District CENTEI MARTIN LUTHER FkING JR BLVD Non -Municipal Government PRAXIS LN, Feet 0 145 290 580 870 1:4,800 w > a Civic and Private. GR� Open8Sba&'1e` EVE PRAIRIE, r Z Lul 4 1 W Lul O W � O;w cl Ala o,Z ' m A3 a - - O `4� 1= Cn w ORTH MOUNTAINST■ ROCK ST I w a J O O x I —SOUTH,ST I } W J J Q 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 7 RZN-2022-0050 (KEVLIN) Page 14 of 14 BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner, developer, or buyer of this property, William S. Collier and Sarah B. Collier (hereinafter "Petitioner"), hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in -the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning request. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to the following: Permitted Uses under Fayetteville Development Code §161.11(B)(1) 2. Other restrictions including number and type of structures upon the property are limited as follows: Any development on the Property shall be limited to a maximum of 12 units. 3. Specific activities will not be allowed upon petitioner's property include: N/A 4. Any other terms or conditions: N/A 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, William S. Collier, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. /Z- ,2D- 2 Date 2K? � Add a s / STATE OF ARKANSAS COUNTY OF WASHINGTON Printed Name Signature NOTARY OATH And now on this the 7Z day of 2C- , appeared before me, Lla Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. )D� NOTARY PUBLIC My Commission Expires: IQun00 Uej6UMIS M 0£OZ'0£jegweae0'midx3 s'w- 1,MUCZ6 # NOISSIWW00 A 1 = `• + Nmav1J'rIIIM WILL J. GLADDEN MY COMMISSION # 12379941 vua is ` EXPIRES: December 30, 2030 Msh!Von County IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above, I, Sarah B. Collier, as the owner, developer or buyer (Petitioner) voluntarily offer all such assurances and sign my name below. 12- Date 2-413 1\i Wb Inm wavj Address NrAtfNti�, W 17-7D3 STATE OF ARKANSAS COUNTY OF WASHINGTON �ar' &\Jtt allItz Printed Name Signature f NOTARY OATH And now on this the 7.0 day of _DtL ,)PP•- , 20'ZZ appeared before me, a Notary Public, and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the above Bill of Assurance and signed his/her name above. NOTARY PUBLIC My Commission Expires: +�TF WILL J. GLADDEN MY COMMISSION # 12379941 EXPIRES: December 30, 2030 "�k50' Washington County