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HomeMy WebLinkAboutOrdinance 6652V DIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 021028]]0003 Type: REl Kind: d. 0ARCE Recordeed: 03/2023 at I0:22: 13 AnFee Amt: $25.25.00 Papa 1 of 3 vaahlnpton County. AR Kyle Sylvester Circuit Clerk F11e2023-00008063 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6652 File Number: 2023-500 RZN 23-003 (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405) AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.24 ACRES FROM RMF- 24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI -FAMILY, 40 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 properly shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Depamnent's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units Per Acre to RMF40, Residential Multi -Family, 40 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 March 21, 2023 Approved: Li Id Orden, or Page 1 RZN-2023-0003 Close Up View K� 1275 N. GREGG AVE �2 F— BECK DR—e`er 1 C9 aW i I -I C-I ` I C W CO) M O •• Z O \ NORTH ` IPZD CS Neighborhood Link Regional Link - High Activity Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area Fayetteville City Limits J J O 2 Feet 0 75 150 300 1:2,400 EXHIBIT 'A' RSF-4 HOL• LY ST PATRICIA- L• N w a' O w o: NORTH Zone Current Proposed RMF-24 2.2 0.0 RMF-40 0.0 2.2 450 600 Total 2.2 ac RZN-2023-0003 EXHIBIT'B' BLEW & ASSOCIATES, PA CIVIL ENGINEERS & LAND SURVEYORS TRACT 1 As -Surveyed Description A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: COMMENCING AT A SET MAG NAIL FOR THE SOUTHEAST CORNER OF SAID FORTY ACRE TRACT, THENCE ALONG THE EAST LINE OF SAID FORTY ACRE TRACT N02043'21 "E 350.00', THENCE LEAVING SAID EAST LINE N87001'36"W 60.51' TO A SET 1/2" REBAR ON THE WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT-OF-WAY LINE N87°01'36"W 310.85' TO A SET 1/2" REBAR; THENCE ALONG A CURVE TO THE RIGHT, WITH AN ARC LENGTH OF 325.88', HAVING A RADIUS OF 3269.75', WITH A CHORD BEARING AND DISTANCE OF N13012'29"E 325.75' TO A SET 1/2" CAPPED REBAR; THENCE S87001'36"E 271.30' TO A SET 1/2" REBAR ON THE WEST RIGHT-OF-WAY LINE OF NORTH GREGG AVENUE; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING COURSES: S01°50'19"W 301.06' TO A SET 1/2" REBAR; THENCE N87035'39"W 24.48' TO A SET 1/2" REBAR; THENCE S02024'21 "W 19.32' TO THE POINT OF BEGINNING, CONTAINING 2.242 ACRES, MORE OR LESS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD 3825 NORTH SHILOH DRIVE • FAYETTEVILLE / ARKANSAS • 72703 PHONE: 4 7 9- 4 4 3- 4 5 0 6 FAX: 4 7 9- 5 8 2- 1 8 83 Washington County. AR I certify this instrument was fled on 04/03/2023 10:22:13 AM and recorded in Real Estate File Number 2023-00008063 Kyle Sylvester - Circuit Clerk by CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 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 2023-500 SUBJECT: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 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 roughly 350 feet north of the intersection of W. North Avenue and N. Gregg Avenue. The site covers roughly the southern half of a single lot of record totaling approximately 2.24 acres. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and currently the site of Central Baptist Church, a single-family dwelling, and associated outbuildings. Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RMF-40, Residential Multi -Family, 40 Units per Acre. Public Comment: Staff received public comment in support of the request. The commenter stated they were in favor of additional density along the Gregg Avenue corridor. Land Use Compatibility: Staff finds the request to be compatible with the surrounding mix of uses. The surrounding area includes two multi -family developments, a church, and single-family dwellings across N. Gregg Avenue to the east. The permitted and conditional uses are identical between RMF-40 and RMF-24. Staff also finds that the bulk and area regulations are suitable and not out of context with surrounding properties. Single- and two-family lot widths and areas are required to be slightly larger in RMF-24 than in RMF-40 but otherwise the two districts are very similar. Setbacks and maximum building heights are identical. Given that the site adjoins other multi -family developments and zoning entitlements, staff finds the scale of what would be allowed is contextually appropriate. Single-family dwellings are prevalent in the area, but they are separated from the site by the intervening public street. Based on a simple calculation of the acreage of the Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 site, and notwithstanding requirements for drainage, tree preservation, and parking, the increased density would allow for 89 total units across the site where the current zoning would allow 53 units to be developed. Staff finds the increased density is suitable due to the site's proximity to schools, work, jobs, and a multi -modal transportation network. Further the increased density is unlikely to have a noticeably different impact to the immediately surrounding multi -family developments. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RMF-24 to RMF-40 serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill and 4 — Growing a Livable Transportation Network. The site scores high on the Infill Scoring Matrix indicating that the site, as its currently developed, is not meeting its highest and best use. The proposed rezoning would locate additional residential density near groceries, two city parks, and between two significant employers: the veteran's hospital to the northeast and the University of Arkansas main campus less than a half -mile to the south, as well as the nearby transit route and trail. 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 #2, 708 N. Garland Avenue) • Near Sewer Main (8" sewer main, N. Gregg Avenue) • Near Water Main (8" water main, N. Gregg Avenue) • Near Grocery Store (Harps, 1189 N. Garland Avenue) • Near City Park (Wilson Park, Gregory Park) • Near Paved Trail (Scull Creek Trail) • Near University of Arkansas Main Campus • Near Ozark Regional Transit Stop (Route 10, N. College Avenue) • Near Razorback Bus Stop (Route 26 Peak, N. Leverett Avenue) • Appropriate Future Land Use (City Neighborhood Area) DISCUSSION: At the February 27, 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 Garlock seconded. Commissioners discussed whether rezoning to CS, Community Services would be a more compatible request. Members discussed differences in setbacks, building area, and density limitations between RMF-40 and CS. After the applicant confirmed that the prospective buyers of the property intended to rezone to RMF-40, the motion was made to forward the item as requested. No members of the public spoke during the meeting. 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 #: 2023-500 RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI -FAMILY — 40 UNITS PER ACRE. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2.24 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI -FAMILY, 40 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 RMF-24, Residential Multi -Family, 24 Units Per Acre to RMF-40, Residential Multi -Family, 40 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 2023-500 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/3/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE in WARD 2. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY —TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF-40, RESIDENTIAL MULTI-FAMILY-40 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 Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Ryan Umberger, Senior Planner MEETING DATE: February 27, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0003: Rezoning (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 405): Submitted by BLEW & ASSOCIATES for property located at 1275 N. GREGG AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY — TWENTY FOUR UNITS PER ACRE and contains approximately 2.24 acres. The request is to rezone the property to RMF- 40, RESIDENTAIL MULTI -FAMILY — 40 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN-2023-0003 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0003 to City Council with a recommendation of approval." BACKGROUND: The subject property is located roughly 350 feet north of the intersection of W. North Avenue and N. Gregg Avenue. The site covers roughly the southern half of a single lot of record totaling approximately 2.24 acres. The property is zoned RMF-24, Residential Multi -Family, 24 Units per Acre and currently the site of Central Baptist Church, a single-family dwelling, and associated outbuildings. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Central Baptist Church RMF-24, Residential Multi -Family, 24 Units per Acre South Multi -family Residential RMF-40, Residential Multi -Family, 40 Units per Acre East Single -Family Residential/Undeveloped RSF-4, Residential Single -Family, 4 Units per Acre West Multi -family 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 RMF-40, Residential Multi -Family, 40 Units per Acre. Public Comment: Staff received public comment in support of the request. The commenter stated they were in favor of additional density along the Gregg Avenue corridor. Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Gregg Avenue. N. Gregg Avenue is a partially -improved Neighborhood Link Street with asphalt paving, curb and gutter, and sidewalk located at the back of curb. Any street improvements required in these areas would be determined at the time of development proposal. Water: Public water is available to the subject area. An existing 8-inch water main is present on the west side of N. Gregg Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present in the center of N. Gregg Avenue. Fire: Station 2, located at 708 N. Garland Avenue protects this site. The property is located approximately 0.9 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 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. 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: There are no protected streams present in the subject area, no portion of the site lies within a FEMA floodplain, it is not within the Hillside -Hilltop Overlay District, 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 RMF-40, Residential Multi -Family, 40 Units per Acre requires 20% 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 City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types, from single family to multi -family. City Neighborhood Areas encourage complete, compact and connected neighborhoods and non- residential uses are intended to serve the residents of Fayetteville, rather than a regional population. While they encourage dense development patterns, they do recognize existing conventional strip commercial developments and their potential for future redevelopment in a more efficient urban layout. Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 2 of 15 CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 9-10 for this site, with a weighted score of 13. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #2, 708 N. Garland Avenue) • Near Sewer Main (8" sewer main, N. Gregg Avenue) • Near Water Main (8" water main, N. Gregg Avenue) • Near Grocery Store (Harps, 1189 N. Garland Avenue) • Near City Park (Wilson Park, Gregory Park) • Near Paved Trail (Scull Creek Trail) • Near University of Arkansas Main Campus • Near Ozark Regional Transit Stop (Route 10, N. College Avenue) • Near Razorback Bus Stop (Route 26 Peak, N. Leverett Avenue) • Appropriate Future Land Use (City Neighborhood Area) FINDINGS OF THE STAFF A determination of the degree to which the proposed zoning is consistent with land use planning objectives, principles, and policies and with land use and zoning plans. Finding: Land Use Compatibility: Staff finds the request to be compatible with the surrounding mix of uses. The surrounding area includes two multi -family developments, a church, and single-family dwellings across N. Gregg Avenue to the east. The permitted and conditional uses are identical between RMF-40 and RMF-24. Staff also finds that the bulk and area regulations are suitable and not out of context with surrounding properties. Single- and two- family lot widths and areas are required to be slightly larger in RMF-24 than in RMF-40 but otherwise the two districts are very similar. Setbacks and maximum building heights are identical. Given that the site adjoins other multi -family developments and zoning entitlements, staff finds the scale of what would be allowed is contextually appropriate. Single-family dwellings are prevalent in the area, but they are separated from the site by the intervening public street. Based on a simple calculation of the acreage of the site, and notwithstanding requirements for drainage, tree preservation, and parking, the increased density would allow for 89 total units across the site where the current zoning would allow 53 units to be developed. Staff finds the increased density is suitable due to the site's proximity to schools, work, jobs, and a multi -modal transportation network. Further the increased density is unlikely to have a noticeably different impact to the immediately surrounding multi -family developments. Land Use Plan Analysis: Staff finds the proposal to be consistent with the goals in City Plan 2040 and the future land use designation for this location. Rezoning from RSF-4 to RI-12 serves to contribute towards City Plan 2040 goals #1 — Appropriate Infill and 4 — Growing a Livable Transportation Network. The site scores high on the Infill Scoring Matrix indicating that the site, as its currently developed, is not meeting its highest and best use. The proposed rezoning would locate additional residential density near groceries, two city parks, and between two significant employers: the veteran's hospital to the northeast and the University of Arkansas main Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 3 of 15 campus less than a half -mile to the south, as well as the nearby transit route and trail. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: Staff believes that there is sufficient justification for rezoning the property to RMF-40. The request aligns with the future land use map and would increase density at a site proximate to many non-residential services. Further staff finds the existing transportation network can appropriately handle additional density since it is located along a Neighborhood Link Street with many options for alternative modes of transportation. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF-40 will potentially increase traffic at this location, though the increase is not anticipated to be beyond what is appropriate. The site has adequate space between driveways to the north and south for an access point to be compliant with curb cut separation standards. Conversely, Neighborhood Link Streets have a designed service capacity of 6,000 vehicles per day or fewer. The Arkansas Department of Transportation recorded an average annual daily traffic count of 9,400 vehicles at a point just south of the site. Two accidents have been recorded along the property's frontage between 2017 and 2021 with the intersection of N. Gregg Avenue and W. North Street, roughly 350 feet to the south, witnessing much more frequent collisions. Nearby access to trails and transit stops also offer alternative modes that would help to offset traffic effects associated with an increase to the number of dwelling units at this location. Any new development would also be required to improve the property's frontage to the 2040 Master Street Plan requirements, including 10-foot greenspaces and 8-foot sidewalks, which staff finds would complement the non -motorized transportation network. 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 RMF-40 would increase the load on public services above the potential of the current zoning district, but the impact is not expected to be significant. The site has ready access to basic development standards including city water, sewer, and improved street frontage. Neither Fayetteville Public Schools or Fayetteville Police offered comment regarding 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; Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 4 of 15 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-2023-0003. PLANNING COMMISSION ACTION: Required YES Date: February 27, 2023 O Tabled M Forwarded O Denied (Motion: Brink (Second: Garlock Recommending approval. Vote: a-o-o BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre o §161.16 District RMF-40, Residential Multi -Family — Forty (40) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Pace 5 of 15 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 124 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 6 of 15 (3) Land Area Per Dwelling Unit. Manufactured Home 1 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l (Exh. C), 2, 4-20-21) 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 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 7 of 15 161.17 District RMF-40, Residential Multi -Family - Forty (40) Units Per Acre (A) Purpose. The RMF-40 Multi -family Residential District is designated to protect existing high density multi -family development and to encourage additional development of this type where it is desirable. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by CUP Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupation Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre I Fort 40 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home ark 50 feet Single-family 30 feet Two 2 family 30 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 2,500 square feet Two 2 family 3,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 1 acre Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 8 of 15 (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet Fraternity of Sorority 500 square feet per resident (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(IV); Ord. No. 2320, 4-5-77; Ord. No. 2700, 2-2-81; Ord. No. 1747, 6-29-70; Code 1991, §160.034; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 9 of 15 Q Bi,► a� Associates, P.A. Civil Engineers Professional Land Surveyors January 10, 2023 To Whom It May Concern, Rezone 3825 N. Shiloh Dr. Fayetteville, Arkansas 72703 479-443-4506 Fax 582-1883 Our Client, Pathway Baptist Church, is requesting to rezone the southern tract resulting from a Tract Split, for which Fayetteville Planning has issued a conditional letter of approval. The Rezoning request will be to change from RMF-24 to RMF-40. The southern tract in question is approximately 2.256 acres in size, and currently has multiple existing structures and asphalt parking. The owner's intent is to have this 2.256- acre tract rezoned to RMF-40, then complete the Tract Split. Following these approvals, the newly rezoned RMF-40 property will be sold, and the buyers will initiate the demolition and development permitting processes toward a multifamily development. Fayetteville's General Reference GIS map shows this location, and adjacent properties to the north and the south as "City Neighborhood" under the Future Land Use (2040) layer. Although the City's zoning map shows this property as RMF-24, and the southern adjacent property as RMF-40, this Future Land Use map does not make this differentiation. If you have any additional questions or comments, feel free to contact our office. Sincerely, Nikki Littrell Senior Project Coordinator Blew & Associates, P.A. Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Paae 10 of 15 Umberger, Ryan From: Planning Shared Sent: Friday, February 24, 2023 8:17 AM To: Umberger, Ryan Subject: FW: RZN-2023-003 support FYI Thank you Mirinda Hopkins Development Coordinator Planning Division City of Fayetteville 479-575-8267 Website I Facebook I Twitter I Instagram I YouTube CITY OF FAYETTEVILLE ARKANSAS From: Scott Hill <razorbackscott@gmail.com> Sent: Friday, February 24, 2023 12:41 AM To: Planning Shared <planning@fayetteville-ar.gov> Subject: RZN-2023-003 support 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. Hello, I live on Elm Street about a mile northeast of the proposed rezone for Pathway Baptist Church to RMF-40. I support more density along the Gregg Avenue corridor in this location. Thank you. i Planning Commission February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 11 of 15 February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 12 of 15 RZN-2023-0003 Close Up View K� 1275 N. GREGG AVE �2�,lI.— WBECK DR—e`er 1 Q i I -I C-I ` I C W y M O •• Z O \ NORTH U 1 ` IPZD CS Neighborhood Link Regional Link - High Activity Unclassified Residential Link Hillside -Hilltop Overlay District r _ Planning Area Fayetteville City Limits J J O 2 Feet 0 75 150 300 1:2,400 RSF-4 HOL• LY ST PATRICIA- L• N w a' O w o: NORTH Zone Current Proposed RMF-24 2.2 0.0 RMF-40 0.0 2.2 450 600 Total 2.2 ac February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 13 of 15 February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Page 14 of 15 RZN-2023-0003 1275 N. GREGG AVE _ N 0 RT H Future Land Use �. SPRUCE�ST RTHA DR W fn O WI O W -L•AWSON-ST TROUT -DR \ _ <v �e ;' � o -RAINBOWO 4C m ,' L-AWSON-ST BREEZE CV , O N! =ICE DR w BECK•DR z ` ` City O Residential Neighborhood W W >I Neighborhood Subject Property z HOLLY-ST— W HOLLY'ST CAPITOL Q DR � ; � Q w W W Q W W z J Q �� co PATRICIA�LN--Z } J W ` O W o ' Z O W p z = CO 5 Non -Municipal Government NORTH ,ST J C� • <<in -HUGHES ST- . O Q I ADAMS-ST— W I . z ul BERRY-ST— � Cn W 0 • O HAWTHORN-ST—a R 'ST- JN Neighborhood Link City Neighborhood Regional Link -High Activity Civic Institutional Civic and Private Open Space Unclassified Industrial Alley Feet Natural Residential Link Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood r _ _� Planning Area Rural Residential Fayetteville City Limits 1:4,800 Urban Center February 27, 2023 RZN-2023-0003 (PATHWAY BAPTIST CHURCH) Paoe 15 of 15 RECEIVE® 30lJJ0 s t L e1,J 311IA31- I A10 MAR 2 9 2£`7 NORTHWEST MKANw £.Ol 6 9 6VA %ems. Democrat (&axctte a3nI3�3a 1COt5 PC 9- X .607, FAYEi EV!LLE AR 72702 • -79 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 fir"ublication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. City of Fayetteville -Clerks Office Ord. 6652 Was inserted in the Regular Edition on: March 25, 2023 Publication Charges: $79.30 e: Z Paola Lop z Subscribed and sworn to before me This Xjday of ft'W, 2023. Notary Public C � My Commission Expires: AdiIZOZ✓ **NOTE** Please do not pay from Affidavit. Invoice will be sent. Ordinance: 6652 File Number. 2023-500 RZN 23-003 (1275 N. GREGG AVE/PATHWAY BAPTIST CHURCH, 4o5t AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-003 LOCATED AT 1275 NORTH GREGG AVENUE IN WARD 2 FOR APPROXIMATELY 2N ACRES FROM RMF-24., RESIDENTIAL MULTI -FAMILY, 24 UNITS PER ACRE TO RMF-40, RESIDENTIAL MULTI -FAMILY, 40 UNITS PER ACRE BE IT GROANED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Swim 1: That the City Cowell ofthe City of Fayetteville, Arkansas hereby chimM Nc mne classification of 0m noncom shown on the man fExhibit Al Departmwrs Agenda Memo from RMF- 24, Residential Multi -Fondly, 24 Unit Per Acre to RMF40, Residential Multi - Family, 40 Units Far Acre. Section 2: That the City Comed ofthe City offayeaeville, Arkaraas hereby amends the official inning map ofthe City ofFayeaeville an rel1w the inning change Provided in Section I. PASSED and APPROVED on March Jordan, Mayor lie, Arkwsas. Paid: $N.30 2 March 25, 2023 for