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HomeMy WebLinkAboutOrdinance 6649113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6649 File Number: 2023440 Doc ID: 02300]940003 Type: REL Klnd: ORDINANCE Recorded: 03/11/2023 at Oa:2J:53 AM Fee Aft: $23.00 Pape 1 of 3 Kyle Sylvester 0 rcult Clerk File2028_00006643 RZN 23-001: (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485) AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-001 LOCATED WEST OF NORTH WASHINGTON AVENUE IN WARD 1 FOR APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on March 7, 2023 Page 1 Attest: c�eO T y F9c Kara Paxton, City Cler reasurer �: FAyET'rEFrl If RZN-2023-0001 Close Up View F uma�cmter — unaa�a�va — May Reimdantal Llnk HIIIVESHIIItop oveday Distnd Design overlay Dislnd 1 Plannag Free Fayetteville City Limits N. WASHINGTON AVE IRZN-2023-0001 EXHIBIT "A" Ro Subject Property Zone Current Proposed RI-U 0.0 0.1 RMF-24 0.1 0.0 Feet 0 75 150 300 450 600 1 t2,400 Total 0.1 ac RZN-2023-0001 SURVEY DESCRIPTION PARCEL 8765-12693-000IN. WASHINGTON AVENUE), EXHIBIT „B„ A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2"47'20"E 678.77', THENCE 588"13'52"E 513.47', THENCE 502"19'55"W 89.56' TO AN EXISTING REBAR MARKING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S88"24'07"E 57.82', THENCE S02°16'05"W 89.38', THENCE N88"26'12"W 57.92' TO AN EXISTING REBAR, THENCE NO2°19'55"E 89.41' TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH WASHINGTON AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Washington County, AR I certify this instrument was filed on 03/17/2023 08:27.53 AM end recorded in Real Estate File Number 2023-00006643 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: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-440 SUBJECT: RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for property located W. OF N. WASHINGTON AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.12 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 80 feet south of the intersection of E. Spring Street and N. Washington Avenue. The property is zoned RMF-24, Residential Multi -family, 24 Units per Acre, totals approximately 0.12 acres, and is undeveloped. No zoning overlays or special regulations apply to the site however it is characterized by dense vegetation and a roughly 8% grade, sloping from a high point in the northeast corner of the site, down to the southwest. Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RI- U, Residential Intermediate -Urban. Public Comment: One member of the public offered comment in opposition of the item. Among their concerns was the potential increase in traffic, noise, and burden on existing infrastructure that rezoning the property will create. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Residential uses and densities located near the subject property vary substantially. Neighboring properties are of a variety of sizes but generally follow a typical lot and block development pattern. 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-24, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.12 acres, a maximum of two units are permitted under current entitlements, where rezoning to RI-U would remove the density Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 limitation. That said, any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. RMF-24 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. RMF- 24 also prescribes bulk and area regulations for lot width and area based on the specific use of the property where RI-U merely requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, RMF-24 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-24 to RI-U serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, 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. Additionally, where large multi -family buildings are currently permitted under RMF-24, RI-U encourages more appropriately scaled buildings in relation to the existing neighborhood. The Future Land Use Map designates the site as a Residential Neighborhood Area — a designation which supports support a wide variety of housing types of appropriate scale and context including single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates 10 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, N. Washington Ave.) • Near Water Main (6" water main, N. Washington Ave.) • Near Grocery Store (Ozark Natural Foods, 380 N. College Ave • Near Public School (Washington Elementary School) • Near University of Arkansas Campus • Near City Park (Mt. Sequoyah Gardens, • Near ORT Bus Stop (Route 20) • Near Razorback Transit Stop (Route 13, • Sufficient Intersection Density DISCUSSION: Yvonne Richardson Community Center) 17 Detour Peak) At the February 13, 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 Madden seconded. Commissioners in favor of the rezoning found the property's proximity to non-residential services near downtown Fayetteville provided sufficient justification for the property to be rezoned. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 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 #: 2023-440 RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for property located W. OF N. WASHINGTON AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY- FOUR UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-001 LOCATED WEST OF NORTH WASHINGTON AVENUE IN WARD 1 FOR APPROXIMATELY 0.12 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 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-24, Residential Multi -Family, 24 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. Page 1 City of Fayetteville Staff Review Form 2023-440 Legistar File ID 3/7/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for property located W. OF N. WASHINGTON AVE in WARD 1. The property is zoned RMF- 24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Account Number Project Number Budgeted Item? No Does item have a cost? No Budget Adjustment Attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Budget Impact: Fund Project Title Current Budget $ - Funds Obligated $ - Current Balance Item Cost $ - Budget Adjustment $ - Remaining Budget Previous Ordinance or Resolution # Approval Date: V20210527 RZN-2023-0001 N. WAS H I N GTO N AVE RZN-2023-0001 Close up view I EXHIBIT "A" P-1 M CEN W a ul C9 W J J O 0 Urban Center Unclassified Alley Residential Link Hillside -Hilltop Overlay District Design Overlay District r _ Planning Area Fayetteville City Limits Fim R-O VVI\1\GR"J�\ Z I V LLEY 172 Q Subject Property Z Q T ~ I I NORTH Zone Current Proposed RI-U 0.0 0.1 RM F-24 0.1 0.0 Feet 0 75 150 300 450 600 1:2,400 Total 0.1 ac SURVEY DESCRIPTION PARCEL #765-12693-000 (N. WASHINGTON AVENUE): RZN-2023-0001 EXHIBIT "A" A PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT THE SOUTHWEST CORNER OF SAID FORTY ACRE TRACT AND RUNNING THENCE NO2°47'20"E 678.77', THENCE S88°13'52"E 513.47', THENCE S02°19'55"W 89.56' TO AN EXISTING REBAR MARKING THE TRUE POINT OF BEGINNING AND RUNNING THENCE S88°24'07"E 57.82', THENCE S02°16'05"W 89.38', THENCE N88°26'12"W 57.92' TO AN EXISTING REBAR, THENCE NO2°19'S5"E 89.41' TO THE POINT OF BEGINNING, CONTAINING 0.12 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH WASHINGTON AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: February 13, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0001: Rezoning (W. OF N. WASHINGTON AVE/SPRING STREET COTTAGES, 485): Submitted by COMMUNITY BY DESIGN for property located at W. OF N. WASHINGTON AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE and contains approximately 0.12 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0001 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0001 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in central Fayetteville, roughly 80 feet south of the intersection of E. Spring Street and N. Washington Avenue. The property is zoned RMF-24, Residential Multi- family, 24 Units per Acre, totals approximately 0.12 acres, and is undeveloped. No zoning overlays or special regulations apply to the site however it is characterized by dense vegetation and a roughly 8% grade, sloping from a high point in the northeast corner of the site, down to the southwest. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single -Family Residential RMF-24, Residential Multi -Family, 24 Units Per Acre South Two -Family Residential RMF-24, Residential Multi -Family, 24 Units Per Acre East Single -Family Residential RMF-24, Residential Multi -Family, 24 Units Per Acre West Mixed -Density Residential RMF-24, Residential Multi -Family, 24 Units Per Acre Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: One member of the public offered comment in opposition of the item. Among their concerns was the potential increase in traffic, noise, and burden on existing infrastructure that rezoning the property will create. Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 1 of 16 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the north side of N. Washington Avenue. W. Washington Avenue is a partially -improved Residential Link Street with asphalt paving, sidewalks on the west side of the street and curb and gutter. 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 west side of N. Washington Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present on the east side of N. Washington Avenue. 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 three minutes using existing streets. The anticipated response time would be approximately 5.2 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-24, Residential Multi -Family, 24 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 Residential Neighborhood. 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. Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 2 of 16 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 10 for this site, with a weighted score of 14.5 at the highest. 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, N. Washington Ave.) • Near Water Main (6" water main, N. Washington Ave.) • Near Grocery Store (Ozark Natural Foods, 380 N. College Ave.) • Near Public School (Washington Elementary School) • Near University of Arkansas Campus • Near City Park (Mt. Sequoyah Gardens, Yvonne Richardson Community Center) • Near ORT Bus Stop (Route 20) • Near Razorback Transit Stop (Route 13, 17 Detour Peak) • Sufficient Intersection Density 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: Staff finds the request to be compatible with the surrounding context. Residential uses and densities located near the subject property vary substantially. Neighboring properties are of a variety of sizes but generally follow a typical lot and block development pattern. 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-24, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.12 acres, a maximum of two 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-24 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. RMF-24 also prescribes bulk and area regulations for lot width and area based on the specific use of the property where RI-U merely requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, RMF-24 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-24 to RI-U serves to contribute towards City Plan 2040 Goals #1 — Appropriate Infill, Growing a Livable Transportation Network, 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 Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 3 of 16 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-24, RI-U encourages more appropriately scaled buildings in relation to the existing neighborhood. The Future Land Use Map designates the site as a Residential Neighborhood Area — a designation which supports support a wide variety of housing types of appropriate scale and context including single-family, duplexes, rowhouses, multifamily and accessory dwelling units. 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. 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 RMF-24 zoning regulations often facilitate development on larger sites. Rezoning may be less restrictive in allowing 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 24 units per acre. Staff finds, though, the potential to increase the number of residential units is marginal given the size of the lot and unlikely to result in increased traffic danger or congestion. The subject property has access to N. Washington Ave., an improved Residential Link. Future development would be required to meet the City's applicable 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 may increase the load on public services, but the impact is not expected to be detrimental. 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; Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 4 of 16 b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2023-0001. PLANNING COMMISSION ACTION: Required YES Date: February 13, 2023 O Tabled 0 Forwarded O Denied (Motion: Brink Second: Madden Recommending approval. Vote: 8-0-0 BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.12 District RI-U, Residential Intermediate — Urban o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • Public Comment • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 5 of 16 161.12 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 February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 6 of 16 (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 February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 7 of 16 161.16 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 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. Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 8 of 16 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." Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 9 of 16 Umberger, Ryan From: Dj <djaxon20l5@yahoo.com> Sent: Monday, February 6, 2023 4:05 PM To: Umberger, Ryan Subject: RZN 2023-0001 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. To whom it may concern, My name is David Jackson. I'm a property owner adjacent to the property that they want to build on. We've had four new apartments built over the past seven years on the little properties on N Washington. The street in front of our houses has doubled if not tripled in traffic, which means more noise. The foot traffic has doubled. I'm writing you because I'm against, and asking you to deny the request to rezone the property located directly across the street from 132 and 144 N Washington Ave. Please deny the request to rezone the property to RI-U, Residential Intermediate -Urban. Please let it stay as is RMF-24, Residential Multi Family. If more apartments are added to that tiny property it's going to really be congested up and down the street. We don't need the extra traffic or people. Thank You, David Jackson / Homeowner 116 N Washington Ave Fayetteville, AR 72701 Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 10 of 16 community -by -design ♦I •.� � • .+ i ■ a.r nr�_` i TOWN PLANNING.URBAN ENGINEEMNG January 3, 2023 Via EnerGov Ms. Jessica Masters Zoning and Development Administrator City of Fayetteville 125 West Mountain Street Fayetteville, Arkansas 72701 RE: North Washington Avenue — Rezone Request Submittal Package Ms. Masters, As the owner of Washington County Parcel 765-12693-000, I respectfully request the City of Fayetteville to approve an ordinance to rezone the subject property from the existing zoning classifications of RMF-24 to the Residential Intermediate Urban (RI-U) Zoning District. Please find the following documents required for processing the rezoning request: • One (1) copy of— Survey Description of Property to be Rezoned • One (1) copy of — County Parcel Map • One (1) copy of — Written Description of Request per City of Fayetteville Rezoning Application The primary reason for the zoning change request is to ensure compatibility with the existing neighborhood in terms of building form and building scale in the event of future development on the property. This request is coupled with a conditional request to vary from UDC 172.05 to allow a duplex or triplex on the property to provide parking at a rate of 1 parking space per bedroom. Please let me know if you have any questions or if you need additional information in order to process this request. Sincerely, Brian Teague Community By Design 100 West Center Street Suite 300 F ayettevi 4ra,A�CaWPA0, 4 7 9FeIJr%@y6 7, R023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 11 of 16 WRITTEN DESCRIPTION OF N WASHINGTON AVE RI-U REZONE REQUEST PER THE CITY OF FAYETTEVILLE REZONING APPLICATION a. Current ownership information and any proposed or pending property sales. The subject property is owned by Spring Street Cottages LLC and John Brian Teague. There are no proposed or pending property sales. b. Reason (need) for requesting the zoning change. The reason for the zoning change request is to ensure compatibility in building form and scale in the event of future development on the property. The zoning regulations provided by the RI-U district, specifically in regards to building height and multi -family use would require a building form similar to those that currently exist in the East Spring Neighborhood. The RMF-24 district allows 5 story buildings and multi -family use which is not compatible with the existing buildings in the Neighborhood. c. Statement of how the proposed rezoning will relate to surrounding properties in terms of land use, traffic, appearance, and signage. In the event of future development on the property, the RI-U district would require buildings to be smaller scaled (3 story maximum) and a multi -family use would not be allowed. This scenario is consistent with the scale and use of the existing buildings in the neighborhood. The existing RMF-24 district allows for buildings up to a 5 stories tall and also allows for a multi -family use. This is significantly inconsistent with the scale and use of the existing buildings in the neighborhood. Traffic would not be impacted. d. Availability of water and sewer (state size of lines). Water and Sewer is available. A 8" water main and 8" sanitary sewer main is accessible along N Washington Avenue. e. The degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. The proposed zoning is highly consistent with City Plan 2040. The Residential Intermediate Urban (RI-U) Zoning District will encourage development that is in accordance with the principles of traditional town form. The Residential Intermediate Urban (RI-U) Zoning District allows for appropriate infill and advances the City's goal to grow a livable transportation network. f. Whether the proposed zoning is justified and/or needed at the time of the request. The proposed zoning is needed at this time in order to ensure that any future development is more in accordance with the principles of City Plan 2040. g. Whether the proposed zoning will create or appreciably increase traffic danger and congestion. The proposed zoning will not create or appreciably increase traffic danger or congestion. h. Whether the proposed zoning will alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities. The proposed zoning will not make possible more density on the property. i. Why it would be impractical to use the land for any of the uses permitted under its existing zoning classification. The proposed zoning encourages use and form that is more in accordance with the existing neighborhood and will encourage a development form that is more in accordance with City Plan 2040. Planning Commission February 13, 2023 RZN-2023-0001 (SPRING STREET COTTAGES) Page 12 of 16 RZN-2023-0001 One Mile View I iiiiiiii Neighborhood Link iiiiiii= Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District j Fayetteville City Limits r i Planning Area N. WASHINGTON AVE 0 0.13 0.25 0.5 Miles I _ I _ I CS j J m I N i C, _ RM LAFAYETTEIST e� � I MSC 1- I DICKSSubject Property ONtST II I W 1 ,�Vi 111�--J ■ ORTH rJ1L RSF-4 Q Pla<Limits _ _ _ Fay t 41 I I I ' I I 2 ning General Industrial RESIDE NTIALSINGLE-FAMILY EXTI-2 RA ION 1� RI-u COMMERCIAL RI-12 ResltleniiaFOfice �ResltleMlal-�dWIW21 ��-2 RSF-s Ica RSF-1 FORM BASED DISTRICTS RSF-2 Gown—n Core RSF4 Umanlhomughram RSF-] ..in... Center RSF-8 Osxniown General RSF-18 1� Community Services RESIDENTIAL MULTI -FAMILY Neighborhood services RMF-1 Neighborhood Con Mion �RMF-12 PLANNED ZONING DISTRICTS RMF-11 1= Commercial, Intluslnal, Resldentlal 1� RMF-2a INSTITUTIONAL I� RMF-00 INDUSTRIAL Running Commissi I-1 Heavy Commensal and Light Indus n 3 RZN-2023-0001 (SPRING STREET COTTAGES) Page 13 of 16 RZN-2023-0001 Close Up View P-1 M CEN W a ul C9 W J J O 0 Urban Center Unclassified Alley Residential Link Hillside -Hilltop Overlay District Design Overlay District r _ Planning Area Fayetteville City Limits N. WASHINGTON AVE Fim R-O VVI\1\GR"J�\ Z I V LLEY 172 Q Subject Property Z Q T ~ I I NORTH Zone Current Proposed RI-U 0.0 0.1 RM F-24 0.1 0.0 Feet 0 75 150 300 450 600 1:2,400 I Total 0.1 ac J Planning Comn 3 RZN-2023-0001 (SPRING STREET COTTAGES) Page 14 of 16 a ! • r Laullill +, , Im N1n�. 6A r Urban Center FEMA Flood Hazard Data Unclassified Alley 100-Year Floodplain Residential Link Feet Floodway — — — Trail (Proposed) r : Planning Area 0 112.5 225 450 675 900 _ Fayetteville City Limits ��' :3,6�� 1 ___ Design Overlay District Planning Commissi n 3 RZN-2023-0001 (SPRING STREET COTTAGES) Page 15 of 16 RZN-2023-0001 N. WAS H I N GTO N AVE _ N 0 RT H Future Land Use w a j z > City o j O i—SUTTON-ST I Q = Neighborhood Q o O J Z z = j Q W 3: co DICKSWST DICKSON•ST I w Non -Municipal Q r N Government j > Residential W Neighborhood O QSubject Q Property R•ST I A172Y w o W C9 W M J Q W W O Y J J V J Urban O Q Q Center m�W— MEADOWST L>CENT9R,S ALLEY-35 T I UJIIwI i Z,> J C Q MEADOWST � Q O MOUNTAIWST —Lr ALLEY-155 O ROMST 1TIT, ROCKS -0 V V�- v IE wCO � QI-r- — Urban Center Unclassified Alley Residential Link r Planning Area Fayetteville City Limits — — — Trail (Proposed) j Design Overlay District I I i---MOUNTAIN SPRING-ST W a � W Z Q > < III Q MEADOW ST O O J .J -I—CENTER-ST - - - Civic and Private Open Space 0 ROCK ST W J J'C J Feet 0 145 290 580 :11 City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 870 1,160 Residential Neighborhood Rural Residential Urban CenterPlanning Commis RZN-2023-0001 (SPRING STREET COTTAGES) Page 16 of 16 RECEIVED AR�K✓Aws MAR 2 0 ZO 3 TNORTHWEST 7^momt oazeac i1 JIF�+r �AMq',•I�n..1;:. ■���/1 JKf RfvV QTICL K'S OFFICE AFFIDAVIT OF PUBLICATION I, 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 6649 Was inserted in the Regular Edition on: March 12, 2023 Publication Charges: $89.68 Pao�la L z T Subscribed and swom to before me This � day of A4,&e, 2023. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. usn ux t1:Aa�OHS FCo WmMeak CaaniCOtlbrt %i # f27214" mrMabn Eldrea Nov 2111 1032 6649 r 2023- 1: (W. OF N. THAT ELDNINU PETITION RZN 23-001 DCATED WEST OF NORTH 'ASHINGTON AVENUE IN WARD FOR APPROXIMATELY 0.12 CRES FROM RMF-24, ESIDENTIAL MULTI -FA Y,N NITS PER ACRE TO RI-U, EsmENTIAL MTERMEDIATE- BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVnLE, ARKANSAS: Section 1: Tlut the City Council ofthe City of Fayetteville, Aricanm hereby changes the zone classi0cation of the the Section 2: That the Ciry Council ofNe City of Fayetteville, Arkansas hereby amends the official zoning map ofthe City of Fayetteville b reflect the zoning choose provided in Section 1. PASSED and APPROVED on March T, paid 12,2023 ARwh