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Home My WebLink AboutOrdinance 6643-- iioiiiiiiiiiiiiiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii Doc ID: 300003 Type: qEL Klntl: ORDINANCE Recorded: 03/10/2023 at 09:29:51 AM Fee Amt: $25.00 Pape 1 of 3 Vashln9ton County, AR Kyle Sylvester Circuit Clerk Fi1e2023-00005999 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6643 ARCHIVFG File Number: 2023-400 RZN 22-053 (3017 W.OLD FARMINGTON RDJARNOLD) AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-053 LOCATED AT 3017 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 0.50 ACRES FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE- FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on February 21, 2023 Page 1 Attest: Kam -Paxton, City Clerk4reasurer RZN-2022-0053 3017 W. OLD FARMINGTON RZN.2022-0053 Close Up View R D EXH I BIT 'A' �I xA Subject Property xse{-K RSF-t8 RSF-4 G�❑N �❑ RV��'�DG� LL'1 Proposed a VELDA C-T C-1 Neighborhood Link Regional Link - High Activity — Unclassified — Alley — Residential Link E_A Hillside -Hilltop Overlay District — - Trail (Proposed) Planning Area _ 2 Fayetteville City Limits I 5 SAN DRA-S7 LU z _ O Feet 0 75 150 300 1:2,400 450 600 NORTH Zone Current Proposed RSF-18 0.0 0.5 RSF-4 0.5 0.0 Total 0.5 ac RZN-2022-0053 EXHIBITS' Legal Description: Lot Numbered Five (5) in Block Numbered One (I) in Stapleton's Subdivision Number One (1) to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being part of the East Half (E 1/2) of the Northwest Quarter (NW I /4) of Section Nineteen (19),Township Sixteen (16) North, Range Thirty (30) West. • Washington County. AR I certify this instrument was filed on 03/10/2023 09:29:51 AM and recorded in Real Estate File Number 2023-00005999 Kyle Sylvester- Circuit Clerk CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 21, 2023 TO: Mayor Jordan and City Council THRU: Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director Susan Norton, Chief of Staff FROM: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-400 SUBJECT: RZN-2022-0053: Rezone (3017 W.OLD FARMINGTON RDJARNOLD, 557): Submitted by JORGENSEN & ASSOCIATES. for property located at 3017 W. OLD FARMINGTON RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request to rezone the subject property as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is located at the southwest corner of the intersection of S. One Mile Road and W. Old Farmington Road. To the north is Millsap Mountain, the site of Centennial Park. The subject property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and it is approximately'/2 acre in area. There are no apparent sensitive ecological features on site and the property is fairly flat. A duplex, built in 1977, occupies the site. Request: The request is to rezone the property from RSF-4, Residential Single-family, Four Units per Acre to RSF-18, Residential Single-family, 18 Units per Acre. Public Comment: Staff has not received any public comment on this item. Land Use Compatibility: The proposed zoning is compatible with the surrounding land use pattern of the area. Zoning regulations for the existing RSF-4 and proposed RSF-18 district are identical in terms of permitted uses and conditional uses. RSF-18, however, allows density up to eighteen units per acre, with lots that are 30 feet -wide and a minimum width of 1,250 square feet for townhomes. RSF-4, on the other hand, allows lots at a minimum width of 70 feet and 8,000 square feet in area at this location. Setbacks under RSF-18 are also less restrictive. RSF-18 prescribes a build -to zone between 0-25 feet from the front property line, allows zero lot -line development for townhomes, and has a five foot rear setback. RSF-4 setbacks are 15 feet in the front and rear and 5 feet along side property lines. In RSF- 18 the area occupied by structures is limited to 60% of the lot area where in RSF-4 structures may only occupy 40%. The height of structures in both districts is limited to three stories. In the near vicinity, Page 1 Ordinance: 6643 File Number: 2023-400 properties have a patchwork of zoning designations. The property is situated among moderate to high single-family zoning designations and also districts typically associated with rural or agricultural uses. It is just over 500 feet north of the W. Martin Luther King Jr. Boulevard corridor. In the vicinity are many grocery stores, retail goods and services, and a Department of Motor Vehicles tag office. Lastly, staff finds the setbacks of the proposed RSF-18 zoning will create efficiencies in the development pattern of the site that will allow the property to be more appropriately utilized, especially considering its location. Staff finds the request to rezone to RSF-18 is appropriate given the associated zoning requirements and surrounding context. Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. While the single -use nature of the district may not be consistent with the aims of the future land use designation, the single-family zoning district will help to ensure that development of the site is of an appropriate scale and context with the adjoining properties. The infill score of the site is moderate, but it is located between two Tier 2 Centers, as designated by City Plan 2040's Growth Concept Map; approximately a half -mile to the east at 1-49 and W. Martin Luther King Jr. Boulevard and approximately one mile to the west at S. Rupple Road and W. Martin Luther King Jr. Boulevard. The Growth Concept Map is a tool included in City Plan 2040 which depicts, in board terms, how growth should occur based on activity centers and corridors. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 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 (6-inch main north of W. Old Farmington Road, 6-inch main center of S. One Mile Road) • Near Water Main (8-inch main north of W. Old Farmington Road, 6-inch main center of S. One Mile Road) • Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Boulevard) • Near City Park (Centennial Park) • Near Paved Trail (Mount Millsap Lane Marked Shared Roadway, W. Old Farmington Road Side -Path Trail) • Razorback Transit Stop (Route 44 Peak, W. Martin Luther King Jr. Boulevard) DISCUSSION: At the January 23, 2023, Planning Commission meeting, a vote of 8-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Garlock made the motion and Commissioner Brink seconded. Commissioner McGetrick voiced support for the rezoning, stating that the request was warranted and compatible. Based on previous public comment regarding drainage, Commissioner Johnson asked Engineering staff for an explanation of stormwater requirements before offering support for the request. Engineering staff described the varying stormwater treatments required based on the intensity of a given development. No other members of the Commission spoke on the item. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A Page 2 Ordinance: 6643 File Number: 2023-400 ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Page 3 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-400 RZN-2022-0053: Rezone (3017 W.OLD FARMINGTON RDJARNOLD, 557): Submitted by JORGENSEN & ASSOCIATES. for property located at 3017 W. OLD FARMINGTON RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-053 LOCATED AT 3017 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 0.50 ACRES FROM RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RSF-4, Residential Single Family, 4 Units Per Acre to RSF-18, Residential Single Family, 18 Units Per Acre. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-400 Legistar File ID 2/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/3/2022 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2022-0053: Rezone (3017 W.OLD FARMINGTON RD./ARNOLD, 557): Submitted by JORGENSEN & ASSOCIATES. for property located at 3017 W. OLD FARMINGTON RD in WARD 1. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget V20210527 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: RZN-2022-0053 3017 W. OLD FARMINGTON Close Up View RD PFP , i i Subject Propert RSF-4 PRM`AG eRS ox C-2 C-1 1 I 1 SANDRA-ST-11 w 1J I Lij IZ 10 Neighborhood Link ri Regional Link - High Activity — Unclassified — Alley — Residential Link Feet Hillside -Hilltop Overlay District 0 75 150 300 — — - Trail (Proposed) it Planning Area _ ! Fayetteville City Limits 1 .2,400 ER MP 450 600 RSF-8 RSF-18 R-A RUTLE�GE �N C-T_ Zone Current Proposed RSF-18 0.0 0.5 RSF-4 0.5 0.0 Total 0.5 ac Legal Description: Lot Numbered Five (5) in Block Numbered One (I) in Stapleton's Subdivision Number One (I) to the City of Fayetteville, Arkansas, as shown upon the recorded plat thereof, on file in the office of the Circuit Clerk and Ex-Officio Recorder of Washington County, Arkansas, and being part of the East Half (E 1/2) of the Northwest Quarter (NW 1 /4) of Section Nineteen (19),Township Sixteen (16) North, Range Thirty (30) West. CITY OF _' FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: January 23, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2022-0053: Rezone (3017 W.OLD FARMINGTON RDJARNOLD, 557): Submitted by JORGENSEN & ASSOCIATES. for property located at 3017 W. OLD FARMINGTON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.50 acres. The request is to rezone the properties to RSF- 18, RESIDENTIAL SINGLE-FAMILY, 18 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-0053 approval, based on the findings herein. to the City Council with a recommendation of RECOMMENDED MOTION: "I move to forward RZN-2022-0053 to City Council with a recommendation for approval." BACKGROUND: The subject property is located at the southwest corner of the intersection of S. One Mile Road and W. Old Farmington Road. To the north is Millsap Mountain, the site of Centennial Park. The subject property is zoned RSF-4, Residential Single -Family, 4 Units per Acre and it is approximately'/2 acre in area. There are no apparent sensitive ecological features on site and the property is fairly flat. A duplex, built in 1977, occupies the site. Surrounding land use and zoning is depicted in Table 1. Table 1 - Surrounding Land Use and Zoning Direction Land Use Zoning North Single-family Residential RSF-18, Residential Single-family, 18 Units per Acre; NC Neighborhood Conservation South Single-family Residential RSF-4, Residential Single-family, 4 Units per Acre West Undeveloped RSF-4, Residential Single-family, 4 Units per Acre East Single-family Residential R-A, Residential -Agricultural; RSF-4, Residential Single-family, 4 Units per Acre Request: The request is to rezone the property from RSF-4, Residential Single-family, Four Units per Acre to RSF-18, Residential Single-family, Eighteen Units per Acre. In their request letter the applicant suggests the request is compatible due to the variety of zoning classifications and densities in the area, existing infrastructure, and aligned with infill goals in City Plan 2040. They assert the rezoning will allow an underutilized lot to be more efficiently developed to its potential. Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 1 of 14 Public Comment: Staff has not received any public comment about the request. INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along W. Old Farmington Road and S. One Mile Road. W. Old Farmington Road is a partially improved Residential Link Street with asphalt paving and open ditches. S. One Mile Road is a fully improved Residential Link Street with paved streets, curb and gutter, and 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 on the north side of W. Old Farmington Road and another 6-inch water main is present in the center of S. One Mile Road. Sewer: Sanitary sewer is available to the subject area. An existing 8-inch sewer main is present on the north side of W. Old Farmington Road and another 6-inch sewer main is present in the center of S. One Mile Road. 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 1.1 miles from the fire station with an anticipated drive time of approximately four minutes using existing streets. The anticipated response time would be approximately 6.2 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 subject property lies within the Hillside -Hilltop Overlay District or a streamside protection zone, and no FEMA-designated floodplains are present. Any additional improvements or requirements for drainage would be determined at the time of development. 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 state ment/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. Tree Preservation: Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 2 of 14 The proposed zoning district of RSF-18, Residential Single-family, 18 Units per Acre requires 20% minimum canopy preservation. The current zoning district, RSF-4, Residential Single-family, Four Units per Acre, requires 25% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 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 (6-inch main north of W. Old Farmington Road, 6-inch main center of S. One Mile Road) • Near Water Main (8-inch main north of W. Old Farmington Road, 6-inch main center of S. One Mile Road) • Near Grocery Store (Walmart, ALDI, W. Martin Luther King Jr. Boulevard) • Near City Park (Centennial Park) • Near Paved Trail (Mount Millsap Lane Marked Shared Roadway, W. Old Farmington Road Side -Path Trail) • Razorback Transit Stop (Route 44 Peak, W. Martin Luther King Jr. Boulevard) FINDINGS OF THE STAFF 1. 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: The proposed zoning is compatible with the surrounding land use pattern of the area. Zoning regulations for the existing RSF-4 and proposed RSF-18 district are identical in terms of permitted uses and conditional uses. RSF-18, however, allows density up to eighteen units per acre, with lots that are 30 feet -wide and a minimum width of 1,250 square feet for townhomes. RSF-4, on the other hand, allows lots at a minimum width of 70 feet and 8,000 square feet in area at this location. Setbacks under RSF-18 are also less restrictive. RSF-18 prescribes a build -to zone between 0-25 feet from the front property line, allows zero lot -line development for townhomes, and has a five foot rear setback. RSF-4 setbacks are 15 feet in the front and rear and 5 feet along side property lines. In RSF-18 the area occupied by structures is limited to 60% of the lot area where in RSF-4 Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 3 of 14 structures may only occupy 40%. The height of structures in both districts is limited to three stories. In the near vicinity, properties have a patchwork of zoning designations. The property is situated among moderate to high single-family zoning designations and also districts typically associated with rural or agricultural uses. It is just over 500 feet north of the W. Martin Luther King Jr. Boulvard corridor. In the vicinity are many grocery stores, retail goods and services, a Department of Motor Vehicles tag office, and a Tier 2 Center at the intersection of W. Martin Luther King Jr. Boulevard and 1-49. Staff finds the request to rezone to RSF-18 is appropriate given the associated zoning requirements and surrounding context. Land Use Plan Analysis: Staff finds that the request is generally consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The subject area is designated as a Residential Neighborhood Area, which calls for a mix of housing types in appropriate areas. While the single -use nature of the district may not be consistent with the aims of the future land use designation, the single-family zoning district will help to ensure that development of the site is of an appropriate scale and context with the adjoining properties. The infill score of the site is moderate but it is located between two Tier 2 Centers; approximately a half -mile to the east at 1-49 and W. Martin Luther King Jr. Boulevard and approximately one mile to the west at S. Rupple Road and W. Martin Luther King Jr. Boulevard. Lastly, staff finds the setbacks of the proposed RSF-18 zoning will create efficiencies in the development pattern of the site that will allow the property to be more appropriately utilized, given its location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds a rezone from RSF-4 to RSF-18 is appropriate and justified for the property. Rezoning to RSF-18 allows an increase in residential density to an area that is currently experiencing both growth and development pressure and situated with convenient access to goods, services, and amenities. Rezoning contributes to Goals 1, 2, and 4 of City Plan 2040. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RSF-18 is likely to increase traffic at this location. Staff finds, though, that the increase would not be beyond what is appropriate. Vehicle traffic can access W. Martin Luther King Jr. Boulevard at its intersection with S. One Mile Road, which is a signalized intersection, or less than '/z mile to the west at its intersection with W. Old Farmington Road. Vehicle traffic can also be dispersed onto S. Shiloh Drive to the east. W. Martin Luther King Jr. Boulevard is a Regional High -Activity Link Street which has a designed service volume of 17,600 vehicles per day and sees roughly 44,000 vehicle trips near 1-49. The property's location near retail services, recreational facilities, and a Razorback Transit stop offers future residents reasonable alternatives to automobile transportation. 4. A determination as to whether the proposed zoning would alter the population density and Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 4 of 14 thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property to RSF-18 is likely to increase the population density at this location but is unlikely to increase the burden on public services. The property currently has direct access to city water, sanitary sewer, and an improved street network. Fayetteville Public Schools did not comment on the request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0053 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION Date: January 23, 2023 Motion: Second: Vote: BUDGET/STAFF IMPACT: None O Tabled Required YES 0 Forwarded O Denied Recommending approval. Attachments: • Unified Development Code: o §161.07 RSF-4, Residential Single-family, Four Units per Acre o §161.10 RSF-18, Residential Single-family, Eighteen Units per Acre • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 5 of 14 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 6 of 14 Building Height Maximum 1 3 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. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18-06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15- 19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) 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 January 23, 2023 RZN-2022-0053 (ARNOLD) Page 7 of 14 161.10 District RSF-18, Residential Single -Family - Eighteen (18) Units Per Acre (A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Units per acre I Eighteen (18) or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Single-family 30 feet Two 2 family 30 feet (2) Lot Area Minimum. Townhouses: individual lot 1,250 square feet Single-family 2,500 square feet Two-family 2,000 square feet (E) Setback Requirements. Front Side Side -Zero Lot Line* Rear A build -to zone 5 feet A setback of less than five 5 feet that is located on both feet (zero lot line) is between the front sides permitted on one interior property line and side, provided a a line 25 ft. from maintenance agreement is the front property filed". The remaining side line. setbacks shall be 10 feet. Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 8 of 14 * A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures. ** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area. (F) Building Height Regulations. Building Height Maximum 1 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. (H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings. (Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824, §2, 11-17-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§1(Exh. C), 2, 4-20- 21) 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 January 23, 2023 RZN-2022-0053 (ARNOLD) Page 9 of 14 $1 JORGENSEN +ASSOCIATES vCivil Engineering Surveying December 15, 2022 City of Fayetteville Development Services 113 West Mountain Street Fayetteville, AR 72701 Re: Rezoning at 3017 W Old Farmington Dear City Staff; 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www orgerserassoc con, Established 1985 A. The current owner of this site is as follows: Jane &Vance Arnold Holding Comany B. Currently this property is zoned RSF-4. We are kindly seeking a rezone to: RSF-18. C. This property is surrounded by R-A, RSF-8, RPZD, RSF-18, and NC Zoning D. Existing adequate water and sewer are already at this site along both streets. E. We feel the requested rezoning is in line with the goals of the City Plan 2040 for rezoning and development and that this type of in -fill is desired. F. This rezoning is needed at this time to allow this underutilized lot to be developed. G. This development will not adversely affect the existing or proposed streets in the area, especially considering the small size of the parent tract. H. The potential to increase the population density in this area as a result of this rezoning would aid in supplying a demand to existing commercial uses in the area and the proximity to the existing transit further support this rezoning request. I. The current zoning does not allow this lot to be fully developed in a manner which would maximize its development potential. Thank you and if you need any additional information, please don't hesitate to contact us. Sincerely, lilii6 B k Jorgensen, PE Planning Commission January 23, 2023 RZN-2022-0053 (ARNOLD) Page 10 of 14 RZN-2022-0053 3017 W. OLD FARMINGTON One Mile View RD NORTH RSF-8 0 0.13 0.25 0.5 Miles \ \ , - RMF-18 \ A I Subject Property R-o c9 1 x RSF-2 ;\ ��31 MR t C-1 — — — — — — , W RMF-24 a,r c.L UT R-A CS \ RSF-1 t \ I I •1 RSF-4 1 1 I Neighborhood Link - - - ring �I-2 General lnauatriel RESIDENTIAL SINGLE-FAMILY EXTRACTION Regional Link - High Activity _ _ _ _ _ _ - = Ns-G M 11 RI-n COMMERCIAL Freeway/Expressway M RI-12 ResltlemiaFOfice NS-L Gi —Unclassified MResl1-2 _ Ica —Alley RSF-18 FORM BASED DISTRICTS —Residential Link _ _ _ _ RSF-2 MDR F4 RSF4 U—Thomugnrare Planned Neighborhood Link RSF-] MMein.—terra, RSF-8 M D—r—General • Shared -Use Paved Trail ❑ RSF-18 MCommuniry Services RESIDENTIAL MULTI -FAMILY Neighbrrhroa services — — Trail (Proposed) Q RMF-8 NeigM1borM1ootl Conservation r r Design Overlay District r - - - - - _ RMF-12 PLANNED ZONING DISTRICTS J Fayetteville City Limits _ _ _ Planning Area r - - - - - _ _ _ RMF-18 M Commercial, Intluslnal, Reeldentlal M RMF-2a INSTITUTIONAL Planning Area Fayetteville City Limits _-_- RMF c _P1 INDUSTRIAL I-1 HearyCommenralanaL htlnau.Rlanning Commissi n 3 RZN-2022-0053 (ARNOLD) Page 11 of 14 RZN-2022-0053 3017 W. OLD FARMINGTON Close Up View RD v NC Q' , i i i i i i Subject Property RSF-8 RSF-4 PRM`AG eRS ov C-2 C-1 I I I SANDRAW—,Iw I J I W IZ 10 Neighborhood Link ri Regional Link - High Activity — Unclassified — Alley — Residential Link Feet Hillside -Hilltop Overlay District 0 75 150 300 — — - Trail (Proposed) i� Planning Area _ ! Fayetteville City Limits 1 .2,400 R-A RSF-18 is RUTLE�GE �N VELDA C-T-- ER MP 450 600 Zone Current Proposed RSF-18 0.0 0.5 RSF-4 0.5 0.0 Total 0.5 ac Planning Comm RZN-2022-0053 (ARNOLD) Page 12 of 14 RZN-2022-0053 3017 W. OLD FARMINGTON RD Current Land Use Single -Family Residential Single -Family Residential Nrl �i Single -Family Residential M-�—� 1 rn<c r- fP! a Commercial `4 t f HF F itAt LU � Ir .�,!LL Poo y ZaT f Y � y Neighborhood Link FEMA Flood Hazard Data e� Regional Link - High Activity Unclassified 100-Year Floodplain Alley Feet Floodway Residential Link — — — Trail (Proposed) 0 112.5 225 450 675 900 r Planning Area r _ Fayetteville City Limits :3,6�� Planning Commissi n 3 RZN-2022-0053 (ARNOLD) Page 13 of 14 RZN-2022-0053 3017 W. OLD FARMINGTON _ Future Land Use RD NORTH J Civic and Q Private Z Z Open Space J �J\ Z 1 w � elf Residential Neighborhoa .' T 4'``s4,o< ' s , N �'O w w w,�- W I— O, z t Subject Property ' �M _ VELDA CT - .Dv SANDRA,ST NGS"ONI /RU?`EDGE,`N� 1 O 1� I I i City Neighborhood VAN Urban Center w / z y �C 'rl C HERS DR Neighborhood Link City Neighborhood Regional Link - High Activity Civic Institutional Unclassified � Civic and Private Open Space Alley Industrial Residential Link ■ 1 Feet Natural Planned Neighborhood Link i Non -Municipal Government Planning Area i Fayetteville City Limits 0 145 290 580 870 1,160 Residential Neighborhood — — Trail (Proposed) p Rural Residential __I Design Overlay District .4,000 Urban Center Planning Commissi RZN-2022-0053 (ARNOLD) Page 14 of 14 (�'7^T T�p��1' A p jJ is ,� NORTH W CJ t L 11�1 ANs s RECEIVED MAR 0 3 2�0+f:13 G. ER FFICE 66 ONimace:6643 File Number ��Q�j'' �) Democrat RZN 22-053 (3017 W.OLD t:/azeft` RDJA0 O AN ORDNANCE TO REZONE THAT AN ORDINANCE NE E TO RE 777,^,2 94 e 7C., -.y me-µ PROPERTY DESCRIBED IN REZONING PETITION RZN 22-053 LOCATED AT 3017 WEST OLD FARMINGTON ROAD IN WARD 1 FOR APPROXIMATELY 0.50 ACRES AFFIDAVIT OF PUBLICATION FROM RSF4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RSF-18, RESIDENTIAL I, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the SAINRGELE-FAMILY, 18 UNITS PER Northwest Arkansas Democrat -Gazette, a daily newspaper printed and BE IT ORDAINED BY THE CITY published in said County, State of Arkansas; that I was so related to this COUNCIL VILOF THE CITY OF FAYETTEpublication at and during the publication of the annexed legal advertisement Section I: Thet me City Council ofthe the matter of: Notice pending in the Court, in said County, and at the dates of P g ty City of Fayetteville, Arkansas hereby changes the zone classifierrioa ofthe the several publications of said advertisement stated below, and that during said Property shown on the map (Exhibit A) periods and at said dates, said newspaper was printed and had a bona fide n tithesiblegalascripthe tion (Exing ibit In end circulation in said County; that said newspaper had been regularly printed and Mpartmenfs Agenda Memo from RSF- ublished in said County, and had a bona fide circulation therein for the en Of P ty, P A Residential Single dentially, i Units Per Acre b RSF l Si Residential Single one month before the date of the first publication of said advertisement; and that Family, 18 Units For Am. said advertisement was published in there regular daily if said newspaper P P, yssues oPBPe Section 2: Tied the city Counca ofthe City of Fayetteville, Arkansas hereby as Stated below. amrnds the of icist zoning map ofthe City of Fayetteville 10 reRxt the zoning chmige Provided in Section 1. City of Fayetteville — Clerks Office PASSED end APPROVED on February Ord 6643 21, 2a23 Approved' Lioneld Jordan, Mayor AResn Was inserted In the Regular Edition On: g Kara Pextan, City Clerk Treasurer This Publication was Paid for by the City February 26, 2023 clerk -Treasurer ofthe City of Fayetteville, Arkansas. Amount paid: $89,68 Publication Charges: $89.68 75657M9 Feb 26, 2023 Paola Liz Subscribed and sw m to before me This day of i , 2023. usn ✓J uses �,pnbl\c �eynCY �WasM 9\ p 1271\v 281pj1 Commissl (x9\ram No Notary Public py cnmm�ss�n^ My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent.