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HomeMy WebLinkAboutOrdinance 6647DIIIIIIIIIIO: 021007IIIIIIIIIIIIIIIIIIIIIIIIIIIIIINVININ�IINII Doc ID: 021007920003 Type: REL Kind: ORDINANCE Recorded: 03/17/2023 at 06:27:04 AM Fee Amt: 125.00 Pane 1 of 3 Mashl Salon County, AR Kyle Sylvester Circuit Clerk F13e2023-00006641 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6647 File Number: 2023-371 RZN 22-055 (N. BOB YOUNKIN DR. & W. BISHOP DRJLEGACY VENTURES NWA) AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-055 LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 FOR APPROXIMATELY 7.76 ACRES FROM R-O, RESIDENTIAL -OFFICE TO CS, COMMUNITY SERVICES AND RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 R-O, Residential -Office to CS, Community Services and RMF-24, Residential Multi -Family, 24 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 I. PASSED and APPROVED on March 7, 2023 Page 1 Attest: Kam'Paxton, City Clerk reasurer RZN-2022-0055 N. BOB YOUNKIN DR & W. RZN-2022-0055 Close Up View BISHOP DR EXHIBIT'A' . v0 RI-12 ,1, FO 'A RIPPLE CREEK DR BISHOP DR Subject Property z J R-O J C Q(i z $<C z ` Proposed CS Q z N Proposed �V O� ftMF-24 RMF-]A o� �y q a DRAKE ST "--------- � DRAKE S7 QL-AUGUSTADR NORTH Neighborhood Link Zone Current Proposed Unclassified CS 0.0 44 Residential Link RMF-24 0.0 34 R-O 18 to Plannetl NeigM1bgiM1ootl Link Feet - - - Trikil (Proposed) i Planning Area 0 75 150 300 450 600 �__-� Fayetteville City Limits 1:2,400 Tntil tax RZN-2022-0055 EXHIBIT'B' Full Descriotion: Lots Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), and Nine (9) of Appleby Landing, a Subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 23A, at page 195, plat records of Washington County, Arkansas. Area to be rezoned to CS: Lots Three (3), Four (4), Five (5), and Six (6) of Appleby Landing, a Subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 23A, at page 195, plat records of Washington County, Arkansas. Area to be rezoned to RMF-24: Lots Seven (7), Eight (8), and Nine (9) of Appleby Landing, a Subdivision to the City of Fayetteville, Arkansas, as shown on plat of record in plat book 23A, at page 195, plat records of Washington County, Arkansas. Washington County, AR 1 certify this instrument was filed on 03/17/2023 08.27.04 AM and recorded in Real Estate File Number 2023-00008841 Kyle Sylvester- Circuit clerk by CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: CITY COUNCIL MEMO 2023-371 SUBJECT: RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 contains approximately 7.76 acres in the Appleby Landing Subdivision located on either side of the south end of Bob Younkin Drive. The property is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi -family development to the south, and medical offices to the north. No environmentally sensitive areas are present on site, and the property is not located within any zoning overlays. Request: The request is to rezone the property from R-O, Residential Office (7.76 acres) to CS, Community Services (4.36) and RMF-24, Residential Multi -Family, 24 Units per Acre (3.40). The applicant has not shared any specific development plans, though they have stated that the rezoning would allow for a mix of residential and commercial uses to cater to senior living. Public Comment: Prior to Planning Commission, staff received one phone call inquiry about this request, though no support for or opposition to the proposed rezoning was offered. Six members of the public spoke at the Planning Commission meeting, expressing concerns about the scale of future development and potential traffic impacts. Land Use Compatibility: Staff finds the requested rezoning to be generally compatible with surrounding land uses. As proposed, three lots on the east side of Bob Younkin Drive would be rezoned to RMF-24, Residential Multi -Family, 24 Units per Acre, and four lots on the west side of the street would be rezoned to CS, Community Services. The property is currently surrounded by single- and two-family residential Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 neighborhoods and a multi -family residential complex. Since RMF-24 would allow for a variety of residential uses from single- to multi -family dwellings and most properties to the south and east are currently zoned RMF- 24, staff finds that rezoning a portion of the property to RMF-24 would be directly compatible with adjacent properties. The intent of the existing zoning district, R-O, Residential -Office, is to provide an area for offices without limitation to the nature or size of the office, together with community facilities, restaurants, and compatible residential uses. Staff finds that rezoning the remainder of the property to CS would be aligned with the property's current zoning designation and adjacent commercial and residential uses. The Community Services zoning district is primarily designed to provide goods and services for persons living in surrounding residential areas and is intended to provide for adaptable mixed use centers along commercial corridors. Multi -family dwellings, restaurants, retail, and cultural and recreational facilities are all conditional uses in the existing R-O zoning district which would be allowed by right in CS zoning. The R-O zoning district allows for conventional and urban form setbacks, while both RMF-24 and CS require urban form setbacks with buildings located closer to public streets and sidewalks. RMF-24 requires a build -to zone between 0 and 25 feet from the property line, and CS requires a build -to zone between 10 and 25 feet from the front property line. The applicant indicated in their request letter that they are pursuing RMF-24 for a portion of this property so that they can place buildings closer to the street. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's future land use plan. The City Plan 2040 Future Land Use Map designates the subject property as Residential Neighborhood Area, and staff finds that a rezoning to RMF-24 and CS could support that designation by allowing for a greater variety of land uses, housing types, and densities near a nonresidential center. Further, Bob Younkin Drive is the most complete, uninterrupted through -street between College and Gregg Avenue, which staff believes is supportive of a wider spectrum of uses than may normally be appropriate in a Residential Neighborhood Area. Staff also finds that rezoning to RMF-24 and CS may be consistent with Goals 4 and 6 of City Plan 2040 by encouraging mixed -use development near the Razorback Greenway and public transit stops, and since it could provide more opportunities for housing beyond what would be permitted in the existing R-O zoning district. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score range of 6-7 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #4, 3385 N. Plainview Ave.) • Near Sewer Main (8" mains, Bob Younkin Drive and Bishop Drive) • Near Water Main (8" mains, Bob Younkin Drive, Bishop Drive, and Drake Street) • Near City Park (Gordon Long Park) • Near Paved Trail (Appleby Road, Razorback Greenway) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 26) 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 Brink made the motion and Commissioner Winston seconded. Commissioners found the requested rezoning to be appropriate at this location, noting that it would allow for some commercial uses in a largely residential area and allow for residential uses that are compatible with adjacent neighborhoods. Six members of the public spoke at the meeting, expressing concerns about the scale of future development and potential traffic impacts. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-371 RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL - OFFICE and contains approximately 7.76 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 22-055 LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 FOR APPROXIMATELY 7.76 ACRES FROM R-O, RESIDENTIAL -OFFICE TO CS, COMMUNITY SERVICES AND RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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 R-O, Residential -Office to CS, Community Services and RMF-24, Residential Multi -Family, 24 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 City of Fayetteville Staff Review Form 2023-371 Item ID 2/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/3/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - # Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: January 23, 2023 (Updated with results from PC hearing) SUBJECT: RZN-2022-0055: Rezone (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES NWA, 251): Submitted by LEGACY VENTURES NWA INC. for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 7.76 acres. The request is to rezone the property to CS, COMMUNITY SERVICES and RMF-24, RESIDENTIAL MULTI- FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2022-0055 to City Council with a recommendation of approval, based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2022-0055 to City Council with a recommendation of approval." BACKGROUND: The subject property contains approximately 7.76 acres in the Appleby Landing Subdivision located on either side of the south end of Bob Younkin Drive. The property is currently undeveloped, though it is surrounded by established single- and two-family neighborhoods to the east and west, a multi -family development to the south, and medical offices to the north. No environmentally sensitive areas are present on site and the property is not located within any zoning overlays. Surrounding land use and zoning are shown in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Medical Offices R-O, Residential -Office South Multi -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Single- and Multi -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre West Single -Family Residential RI-12, Residential Intermediate, 12 Units per Acre Request: The request is to rezone the property from R-O, Residential Office (7.76 acres) to CS, Community Services (4.36) and RMF-24, Residential Multi -Family, 24 Units per Acre (3.40). The applicant has not shared any specific development plans, though they have stated that the rezoning would allow for a mix of residential and commercial uses to cater to senior living. Public Comment: Staff received no public comment on this item, though we did receive one phone call from a neighbor who inquired about the applicant's request. INFRASTRUCTURE: Streets: The subject property has frontage along Bob Younkin Drive, Bishop Drive, and Drake Street. Bob Younkin Drive and Bishop Drive are partially -improved Residential Link streets with asphalt paving and curb and gutter. Drake Street is a fully -improved Neighborhood Link street with asphalt paving, curb and gutter, and sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject property. Eight -inch water mains are present along the west side of Bob Younkin Drive and the north side of Bishop Drive and Drake Street. Sewer: Sanitary sewer is available to the subject property. Eight -inch sewer mains are present on the west side of Bob Younkin Drive and the south side of Bishop Drive. Drainage: No portion of the subject property lies within a streamside protection zone or the Hillside/Hilltop Overlay District, and no FEMA-designated floodplains or hydric soils are present. Any improvements or requirements for drainage will be determined at time of development. Fire: Station 4, located at 3385 N. Plainview Ave., protects this site. The property is located approximately 1.3 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 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 did not comment on this request. Tree Preservation: Existing Zoning: • R-O, Residential -Office requires 20% minimum canopy preservation. Proposed Zoning: • CS, Community Services requires 20% minimum canopy preservation. • RMF-24, Residential Multi -Family, 24 Units per Acre requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: The City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as 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, multi- family, 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 nonresidential 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 range of 6-7 for this site with a weighted score of 7_5 at the highest level. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #4, 3385 N. Plainview Ave.) • Near Sewer Main (8" mains, Bob Younkin Drive and Bishop Drive) • Near Water Main (8" mains, Bob Younkin Drive, Bishop Drive, and Drake Street) • Near City Park (Gordon Long Park) • Near Paved Trail (Appleby Road, Razorback Greenway) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 26) 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 requested rezoning to be generally compatible with surrounding land uses. As proposed, three lots on the east side of Bob Younkin Drive would be rezoned to RMF-24, Residential Multi - Family, 24 Units per Acre, and four lots on the west side of the street would be rezoned to CS, Community Services. The property is currently surrounded by single- and two-family residential neighborhoods and a multi -family residential complex. Since RMF-24 would allow for a variety of residential uses from single- to multi -family dwellings and most properties to the south and east are currently zoned RMF-24, staff finds that rezoning a portion of the property to RMF-24 would be directly compatible with adjacent properties. The intent of the existing zoning district, R-O, Residential -Office, is to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants, and compatible residential uses. Staff finds that rezoning the remainder of the property to CS would be aligned with property's current zoning designation and adjacent commercial and residential uses. The Community Services zoning district is primarily designed to provide goods and services for persons living in surrounding residential areas and is intended to provide for adaptable mixed use centers along commercial corridors. Multi -family dwellings, restaurants, retail, and cultural and recreational facilities are all conditional uses in the existing R- O zoning district which would be allowed by right in CS zoning. The R-O zoning district allows for conventional and urban form setbacks while both RMF-24 and CS require urban form setbacks. RMF-24 requires a build -to zone between 0 and 25 feet from the line property line, and CS requires a build -to zone between 10 and 25 feet from the front property line. The applicant indicated in their request letter that they are pursuing RMF-24 for a portion of this property so that they can place buildings closer to the street. Land Use Plan Analysis: Staff finds the proposed rezoning to be generally consistent with the City's future land use plan. The City Plan 2040 Future Land Use Map designates the subject property as Residential Neighborhood area, and staff finds that a rezoning to RMF-24 and CS could support that designation by allowing for a greater variety of land uses, housing types, and densities near a nonresidential center. Staff also finds that rezoning to RMF-24 and CS may be consistent with Goals 4 and 6 of City Plan 2040 by encouraging mixed -use development near the Razorback Greenway and public transit stops, and since it could provide more opportunities for housing beyond what would be permitted in the existing R-O zoning district. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff finds that the proposed rezoning is justified at this time. The request is generally aligned with several goals of City Plan 2040 and consistent with the development and zoning pattern in the surrounding area. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property from R-O to RMF-24 and CS has the potential to create or appreciably increase traffic danger and congestion. However, the subject property has access to public trails and transit stops, and frontage along three public streets, which suggests that an increased number of vehicle trips could be accommodated without adversely impacting traffic in the neighborhood. Further, the applicant has indicated that they would like to construct a senior living center with limited commercial uses, which could reduce the number of new vehicle trips. Any significant traffic impacts would be fully evaluated and mitigated at the time of development review. 4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. Finding: Rezoning the property from R-O to RMF-24 and CS has the potential to alter the population density and increase the load on public services, though not to an undesirable degree. The size of the property and the City's parking, tree preservation, and stormwater ordinances, will limit the scale of any future development to reduce impacts on natural resources and public services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN-2022-0055 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required Date: January 23, 2023 O Tabled IMotion: 3rink ISecond: Winston Vote: 8-0-0 BUDGET/STAFF IMPACT: None YES O Forwarded O Denied with a recommendation of approval ATTACHMENTS: • Unified Development Code: o §161.16 — District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre o §161.20 — District R-O, Residential Office o §161.22 — Community Services • Request Letter • Staff Exhibit • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 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 1 24 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 35 feet Two-family 35 feet Three or more 1 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 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 (3) Land Area Per Dwelling Unit. Manufactured Home 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) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.20 District R-O, Residential Office (A) Purpose. The Residential -Office District is designed primarily to provide area for offices without limitation to the nature or size of the office, together with community facilities, restaurants and compatible residential uses. 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 8 Single-family dwellings Unit 9 Two-family dwellings Unit 12a Limited business Unit 25 Offices, studios, and related services 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 11 Manufactured home park* Unit 13 Eating places Unit 15 Neighborhood shopping oods Unit 24 Home occupations Unit 26 Multi -family dwellings Unit 36 Wireless communications facilities* Unit 42 Clean technologies Unit 45 Small scale production (C) Density. Units per acre 1 24 or less (D) Bulk and Area Regulations. (Per dwelling unit for residential structures) (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a manufactured home park 50 feet Single-family 60 feet Two (2) family 60 feet Three 3 or more 90 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a manufactured home ark 4,200 square feet Townhouses: Development 10,000 square feet Individual lot 2,500 square feet Single-family 6,000 square feet Two 2 family 6,500 square feet Three 3 or more 8,000 square feet Fraternity or Sorority 1 acre (3) Land Area Per Dwelling Unit. Manufactured home 3,000 square feet Townhouses & apartments: No bedroom 1,000 square feet One bedroom 1,000 square feet Two 2 or more bedrooms 1,200 square feet Fraternity or Sorority 500 square feet per resident (E) Setback Regulations. Front 15 feet Front, if parking is allowed between the right-of-way and the building 50 feet Front, in the Hillside Overlay District 15 feet Side 10 feet Side, when contiguous to a residential district 15 feet Side, in the Hillside Overlay District 8 feet Rear, without easement or alley 25 feet Rear, from center line of public alley 10 feet Rear, in the Hillside Overlay District 15 feet Urban Form Setback Regulations: Front A build -to zone that is located between the front property line and a line 25 feet from the front property line Side 5 feet Side -zero lot line* A setback of less than 5 feet (zero lot line) is permitted on one (1) interior side, provided a maintenance agreement is filed.** The remaining side setbacks shall be 10 feet Rear None Rear when contiguous to a single 15 feet family residential district (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 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. On any lot, the area occupied by all buildings shall not exceed 60% 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 No. 1965, App. A., Art. 5(x); Ord. No. 2414, 2-7-78; Ord. No. 2603, 2-19-80; Ord. No. 2621, 4-1-80; Ord. No. 1747, 6-29-70; Code 1991, §160.041; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4726, 7- 19-05; Ord. No. 4943, 11-07-06; Ord. No. 5079, 11-20-07; Ord. No. 5195, 11-6-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5735 1-20-15; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6164 , §§1, 2, 3, 4-2- 19; 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." 161.22 Community Services (A) Purpose. The Community Services District is designed primarily to provide convenience goods and personal services for persons living in the surrounding residential areas and is intended to provide for adaptable mixed use centers located along commercial corridors that connect denser development nodes. There is a mixture of residential and commercial uses in a traditional urban form with buildings addressing the street. For the purposes of Chapter 96: Noise Control, the Community Services district is a commercial zone. The intent of this zoning district is to provide standards that enable development to be approved administratively. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three (3) and four (4) family dwellings Unit 13 Eating places Unit 15 Neighborhood Shopping oods Unit 24 Home occupations Unit 25 Offices, studios and related services Unit 26 Multi -family dwellings Unit 40 Sidewalk Cafes Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 45 Small scale production Unit 46 Short-term rentals Note: Any combination of above uses is permitted upon any lot within this zone. Conditional uses shall need approval when combined with pre -approved uses. (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 14 Hotel, motel and amusement services Unit 16 Shopping goods Unit 17 Transportation, trades and services Unit 18 Gasoline service stations and drive-in/drive-through restaurants Unit 19 Commercial recreation, small sites Unit 28 Center for collecting recyclable materials Unit 34 Liquor stores Unit 35 Outdoor music establishments Unit 36 Wireless communication facilities* Unit 42 Clean technologies (C) Density. None. (D) Bulk and Area Regulations. (1) Lot Width Minimum. Dwelling 18 feet All others None (2) Lot Area Minimum. None. (E) 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: (F) Building Height Regulations. Building Height Maximum 1 5 stories (G) Minimum Buildable Street Frontage.50% of the lot width. (Ord. No. 5312, 4-20-10; Ord. No. 5339, 8-3-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18- 14; Ord. No. 5735, 1-20-15; Ord. No. 5800, §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 7- 9, 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6223, §1, 9-3-19; Ord. No. 6409 §1, 2-2-21; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21; Ord. No. 6497 , §1, 10-19-21) 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." LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 December 29, 2022 City of Fayetteville Planning Division 125 West Mountain Street Fayetteville, AR 72701 RE: Appleby Landing Dear Planning Division, Please accept this written request to rezone lots three (3), four (4), five (5), six (6), seven (7), eight (8) and nine (9) of Appleby Landing a subdivision to the City of Fayetteville, Arkansas as shown on plat or record in plat book 23A at page 195. The subject property is currently zoned Residential Office (RO), and our desire is to rezone lots three (3), four (4), five (5), and six (6) to Community Services (CS). Additionally, we would like to rezone lots seven (7), eight (8) and nine (9) to RMF-24. Both zoning designations seem to align more closely with the long-term planning objectives of the City of Fayetteville as well as our development plans for the property. The reason we are revising the request previously submitted and pursuing the RMF-24 designation is to allow for placement of our townhome buildings closer to the street on those three lots. Our plan is to build a diverse, slightly dense mix of high quality multifamily residential units while not ruling out the possibility of light commercial use where it makes sense. The master planned community will cater to the over 55 demographic with units ranging in both size and bedroom count as well as one and two story units. This mid -town location with proximity to the medical core and main transportation corridors make it an excellent location for this type of underserved multifamily product. This rezoning request is in line with the City of Fayetteville long term plans as well as compatible with adjoining property/zoning districts. Please see the following for a list of adjoining zoning districts and current use. North Medical Facilities with current zoning designation of Residential Office (RO) South Apartments with current zoning designation of Residential Multifamily (24) Units Per Acre (RMF-24) East Residential with current zoning designation of Residential Multifamily (24) Units Per Acre (RMF-24) West Residential with current zoning designation of Residential Intermediate (12) Units Per Acre (RI-12) Our rezoning request to Community Services, as well as, planned development is compatible with all adjoining properties. We are looking forward to developing a community that delivers high quality housing catering to our aging population. And in doing so create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, } Tim Brisiel (qftv LEGACYVENTUUS RZN-2022-0055 N. BOB YOUNKIN DR & W. AAk Staff Exhibit BISHOP DR NORTH WIM one AE R • • r f ,p C G -_ a � _ ZAlhg I lk _ r BISHOP DR Proposed CS r Proposed RMF-24 l w LA I a I w�a Zane Zone _ rV� +�'1s DRAKE ST LIMIT OF o r STUDY -°� I 1 EE: . _ Z u IFu C. 1 I lit 1 1- F iM . a ,,..: 11 _F IF, r; 1 F FL 11, lF/l FF FI Ale er-1 E Poor Fp{ ..rt Neighborhood Link Unclassified Residential Link Planned Neighborhood Link — — — Trail (Proposed) r _ _i Planning Area Fayetteville City Limits Feet 0 112.5 225 450 1:3,600 675 900 FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN-2022-0055 N. BOB YO U N KI N DR & W. Ak One Mile View BISHOP DR NORTH C-3 Swt D 0 0.13 0.25 0.5 Miles IN • 2 ry • P-1 v RSF-4 • Subject Property W"A IIIIIIIII Neighborhood Link Regional Link - High Activity w Freeway/Expressway - Unclassified - Residential Link E Planned Neighborhood Link Planned Residential Link • • Shared -Use Paved Trail Trail (Proposed) i Design Overlay District Fayetteville City Limits Planning Area • a • W • rr DRAKE • RPZD ..4k__7t _C-1 Z* RI - Zoning �I-2 General lnauatriel RESIDENTIAL SINGLE-FAMILY EXTRACTION ______ DNS-G �11 RI-u COMMERCIAL � RI-12 ResltlentiaFOfice �ResltleMlal-�aWIW21 RSF-.s g�G-2 Ica _ RSF-1 FORM BASED DISTRICTS RSF-2 g� Oownbwn Core RSFd human Tnomagnrare RSF-] MMein Street Cen[er RSF-8 Osxntown General I RSF-18 Mwmmanlry Services RESIDENTIAL MULTI -FAMILY Neighbomoob services Q RMF-a M Neighbomoob Conservation r RMF-tz PLANNED ZONING DISTRICTS I I I RMF-8 1 Commercial, Intl slnal, Resltlentlal u I I Planning Area I--- �I- -- � RMF-20 INSTITUTIONAL ---- MRMF-a0 P-t Fayetteville City Limits INDUSTRIAL I-1 Heavy Commevlalana Light Inau—I RZN-2022-0055 N. BOB YO U N KI N DR & W. Close Up View BISHOP DR RI-12 RIPPLE CREEK DR 2.1 Neighborhood Link Unclassified Residential Link Planned Neighborhood Link - - - Trail (Proposed) r _ _i Planning Area _I Fayetteville City Limits Subject Property R-O BISHOP DR Z J } Proposed CS Z m N II I RMF-24 I M Q - - DRAKE ST- D o , Q Feet - - - - - - - _ _ _ _ r _ -DRAKE AUGUSTA DR MNORTHI Zone Current Proposed CS 0.0 4.4 RMF-24 0.0 3.4 R-O 7.8 0.0 0 75 150 300 450 600 1:2,400 1 Total 7.8 ac RZN-2022-0055 N. BOB YOUNKIN DR & W. AAk Current Land Use BISHOP DR N O RT H li Q + 1 one �AE U3 _ s � 71 O Tom* y �►� I ,' - Medical Offices All „ y BISHOP DR _ Subject Property 11;; J - 1V1V _ yVA, Residential Residential I' tw Neighborhood Link Unclassified Residential Link Planned Neighborhood Link — — — Trail (Proposed) r _ _i Planning Area 1 _ —1 Fayetteville City Limits . �_.. .... ..,tea Feet 0 112.5 225 450 1:3,600 675 900 tl=' FEMA Flood Hazard Data 100-Year Floodplain Floodway RZN-2022-0055 N . BOB YO U N KI BISHOP N DR DR & W. Ak N O RT H Future Land Use ` Civic Institutional ' APPLEBY-RD JASON DR • • • O O r_ z ' CYDNEE-ST O by X° RIPPLE X CREEK DR ' Subject Property BISHOP DR—z A D J ' v O r Q V J z z .• ��'� O� z a co ww co co CL Resi ential G,'O Neigh orhoo is J �ivici 'UNT1 and Private - ., c _Open Space\ \ ------ DRAKE, _______ ST Wl _____ _ DRAKE ST I (D!0—AUGUSTA DR > W j LLJ a City z ,� o < o O w -r Neighborhood > Q w w V O�GO FORSYTHIA DR a o �ADOBE!ST m •� p co GRANADA-ST &ANADA-ST Neighborhood Link City Neighborhood Unclassified Civic Institutional Civic and Private Open Space Residential Link Industrial Planned Neighborhood Link Feet Natural r - - _ Planning Area Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood _� Fayetteville City Limits 1:4,800 Rural Residential - - - Trail (Proposed) Urban Center RECEIVE® MAR 20ZO i NORTHWEST ARKANSAS Democratt rOnette AFFIDAVIT OF PUBLICATION 1, Paola Lopez, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of: Notice pending in the Court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County; that said newspaper had been regularly printed and published in said County, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville Ord 6647 Was inserted in the Regular Edition on: March 12, 2023 Publication Charges: $97.28 Paola Lo L IS,. +nbMyfic ArkanL= +teary sas Subscribed and sworn to before me WA'17 O" [nunry Commismn a 12721466 This 16 day of�{z�t -, 2023. "y c.,.:�;,io, +a�•es Nov zs, I2B32_ Notary Public My Commission Expires **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinma: 6647 File Number 2023-371 RZN 22-055 (N. BOB YOUNKRJ DR. & W. BISHOP DRJLEGACY VENTURES NWA): AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION UN 22-055 LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD3 FOR APPROXIMATELY 7.76 ACRES FROM R-0, RESIDENTIAL -OFFICE TO CS, COMMUNITY SERVICES AND RMF-24, RESIDENTIAL MULTI -FAMILY, 2a UNITS PER ACRE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Secion 1: That the City Council ofthe City of Fayetteville, Arkansas hereby changes the tune classification of fix property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to me Planning Doma merit's Agenda Memo from R-O, Residemia1-0IRce to CS, Community Services and RMF-24, Residential Multi -Family, 24 Unit Per Acre. Section2: That the City Council ofthe Ciry ofF'ayettcvillq Arkansas hereby amends flat official zoning map ofthe - City of Fayetteville to tracer the zoning change provided in Section L PASSED and APPROVED.. Mach 7, 2023 Approved: Lioneld Jordan, Mayor Atmet K. Paxton, City Clerk Treasurer This publication was paid for by the Cityl Clerk -Treasurer ofthe City of Fayetteville, Arkansas. Annual paid: $97.28 75662332 Mach 12, 2023