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HomeMy WebLinkAboutOrdinance 665410 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance 6654 File Number: 2023-548 RZN 23-006: REZONING (920 S. WOOD AVE.1MAHONEY, 563) Diiiuiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiuiiiiiuiiiiiiiiiiiiiiiiiiiiiiiii Doc ID: 0210610003 Type: REL Kind: ORDINAN05CE Recorded: 04/18/2023 at 11:54:57 AN Fee Art: $25.00 Pape 1 of 3 Mashlnpton County, AR Kyle 3Vlvaster Circuit Clerk F11e2023-00009528 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-006 LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.48 ACRES FROM NC, NEIGHBORHOOD CONSERVATION TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARI ANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shovm on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from NC, Neighborhood Conservation 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 April 4, 2023 Page 1 Attest RZN-2023-0006 Close Up View RSF-18 W a �— LU W 1o�Ns o m J x O r- m L-- 11 TH ST— Unclassified Residential Link r ' Planning Area i _ _ : Fayetteville City Limits 920 S. WOOD AVE Subject Property Feet 0 75 150 300 1:2,400 450 RZN-2023-0006 EXHIBIT 'A' /FAIRL•ANE ST W a' W J .J W z a MCCLINTON ST •11 w a g J W =,J& NANTUCKET-DINORTH Zone Current Proposed NC 0.48 ac 0.00 ac RI-U 0.00 ac 0.48 ac Total 0.48 ac RZN-2023-0006 EXHIBIT `B' SURVEY D..E�CRIPTIQN. A PART OF THE NORTHEAST QUARTER (NE 1 /4 ) GE THE NORTHWEST QUARTER (NW- i4) OF SECTION TWENTY --TWO (22), -TOWNSHIP SIXTEEN ('; 8) NORTH RANGE THIRTY (30) VVEST OF THE FIFTH PRINCIPAL MERIDJAN, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBI17D AS MI -LOWS: COMMENCING AT THE NORTHWEST CORNER 0r SAID 40 ACRE TRACT. SAID POINT FORMERLY OCCUPIED WITH A MAGNETIC NAIL: THENCE S02'37'27"W 713.54 FEET (DEED=711 FEET) ALONG THE WEST LINE OF SAID 40 ACRE TRACT TO THE TRUE POrIN T OF BECINMNIG, SAID POINT SEIN iN WOOD AVENUE AND FROM WHICH AN EXISTING REFERENCE IRON SEARS S87" 1 O'08..E 19.79 FEET; THENCE LEAVING THE WEST LINE OF SAID 4-0 ACRE TRACT, S87' 10'D5"E 209.80 FEET TO AN EXISTING IRON RECAR; THENCE SC2'23'59 V 100.25 FEET TO AN EXISTING 1 " OPEN TOP RIPE; THENCE N87' i 8'35" Vi 210.19 FEET TO A PAINT ON THE WEST LINE OF SAID 40 ACRE TRACT, SAID POINT BEING IN WOOD AVENUE .AND FROM WHICH AN EXISTING 7 " OPEN TOP PIPE AFARS 9, R716'35"F 2.0.72 FEE'f: THENCE NO2`37'27"F 100.65 FFF-T 11;,.ONG, THE WEST 1_,INF OF SAID 40 ACRF TRACT TO IHF POINT OF 8 .GINN:NIG, "ONIAININO; 0.48 ACRES, MORE OR LESS. Washington County, AR I certify this instrument was filed on 04/18/2023 11:54:57 AM and recorded in Real Estate File Number 2023-00009528 Kyle Sylvester- Circuit Clerk by CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF APRIL 4, 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 2023-548 SUBJECT: RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. RECOMMENDATION: City 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 in south Fayetteville on the east side of Wood Avenue about 300 feet north of the street's intersection with McClinton Street. The property contains one parcel totaling 0.48 acres and is currently developed with one single-family dwelling which Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and received its current zoning designation of NC, Neighborhood Conservation, as a result of that plan in 2008. Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment regarding this request. Land Use Compatibility: Staff finds the proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. While NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family dwellings with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, duplexes, and a multi -family dwelling, the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable on this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI- U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a relatively high weighted infill score of 7, indicating that it is likely a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development proposal to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. City Plan 2040 Infill Matrix: City Plan 2040's Infill Matrix indicates a score of 7 for this site. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (six-inch main, S. Wood Ave.) • Near Water Main (12-inch main, S. Wood Ave.) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (E. MLK Jr. Blvd., E. 15th St.) • Near ORT Bus Stop (Route 20) • Within Walker Park Master Plan Area DISCUSSION: At the March 13, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Winston made the motion and Commissioner Canada seconded. Commissioner Madden expressed concerns about spot zoning properties from NC to RI-U in the Walker Park neighborhood and stated that the neighborhood plan may need to be updated. Commissioners otherwise found the requested rezoning to be appropriate and offered little comment on the item. No members of the public spoke at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report, Legal Memo - Spot Zoning 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 #: 2023-548 RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 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 23-006 LOCATED AT 920 SOUTH WOOD AVENUE IN WARD 1 FOR APPROXIMATELY 0.48 ACRES FROM NC, NEIGHBORHOOD CONSERVATION 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 NC, Neighborhood Conservation 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 2023-548 Item ID 4/4/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 3/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: RZN-2023-0006: Rezoning (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD AVE. in WARD 1. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. 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 ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Gretchen Harrison, Planner MEETING DATE: March 13, 2023 (Updated with results) SUBJECT: RZN-2023-0006: Rezone (920 S. WOOD AVE./MAHONEY, 563): Submitted by BAJA OZARKS, LLC for property located at 920 S. WOOD AVE. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.48 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0006 to City Council with a recommendation of approval based on the findings herein. RECOMMENDED MOTION: "I move to forward RZN-2023-0006 to City Council with a recommendation of approval." BACKGROUND: The subject property is in south Fayetteville on the east side of Wood Avenue about 300 feet north of the street's intersection with McClinton Street. The property contains one parcel totaling 0.48 acres and is currently developed with one single-family dwelling which Washington County records indicate was built in 1956. The property lies within the Walker Park Neighborhood Master Plan area and received its current zoning designation of NC, Neighborhood Conservation, as a result of that plan in 2008. Surrounding land uses and zoning are listed in Table 1. Table 1: Surrounding Land Uses and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-18, Residential Multi -Family, 18 Units per Acre South Single -Family Residential NC, Neighborhood Conservation East Single -Family Residential NC, Neighborhood Conservation West Single- and Two -Family Residential NC, Neighborhood Conservation Request: The request is to rezone the subject property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment regarding this request. INFRASTRUCTURE: Streets: The subject property has frontage along Wood Avenue, a partially -improved Residential Link street with asphalt paving and open ditches. Any street improvements required in this area would be determined at the time of development proposal. Water: Public water is available to the subject property. An existing 12-inch water main is present along the east side of Wood Avenue. Sewer: Sanitary sewer is available to the subject property. An existing six-inch sewer main is present on the west side of Wood Avenue. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District or a FEMA- designated floodplain and no protected streams are present. However, the property is largely encumbered by hydric soils. Hydric soils are known indicators of wetlands, though for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It's important to identify these natural resources during development, so when these soils are identified on a property, further environmental studies will be required at the time of development. Before permits will be issued for the property a statement/report from an environmental professional must be provided summarizing the existence of wetlands on the property. If this statement/report indicates that wetlands may be present on site, a USACE Determination of Jurisdictional Wetlands will be required at the time of development submittal. Any additional improvements or requirements for drainage will be determined at the time of development. Fire: Station 3, located at 1050 S. Happy Hollow Rd., protects this site. The property is located approximately 1.4 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 did not comment on this request. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15% minimum canopy preservation. The current zoning district of NC, Neighborhood Conservation, 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 Residential Neighborhood area. The property is also located within the Walker Park Neighborhood Master Plan area. Residential Neighborhood areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context. 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. This designation recognizes the existing conventional subdivision developments that may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. The Walker Park Neighborhood Master Plan was the city's first neighborhood plan which was completed in 2008 after City Plan 2025 was adopted. Four guiding principles were identified in the plan which include maintaining a balance of uses and housing, emphasizing connectivity and walkability, creating a core of the neighborhood at Jefferson Square, and preserving accessible greenspace throughout the neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site with a weighted score of 8. The following elements of the matrix contribute to the score: • 4 Minute Fire Response (Station #3, 1050 S. Happy Hollow Rd.) • Near Sewer Main (six-inch main, S. Wood Ave.) • Near Water Main (12-inch main, S. Wood Ave.) • Near City Park (Jefferson Park, Walker Park) • Near Paved Trail (E. MLK Jr. Blvd., E. 15t" St.) • Near ORT Bus Stop (Route 20) • Within Walker Park Master Plan 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 proposed zoning of RI-U, Residential Intermediate -Urban, to be compatible with the surrounding area. Land uses in the immediate vicinity are primarily residential in nature, varying in both form and density. When compared to the property's current zoning designation of NC, Neighborhood Conservation, RI-U would allow for a greater variety of residential uses and densities by right. While NC allows single-family dwellings at a density of 10 units per acre, RI-U would allow single- to four -family dwellings with no stated density limitation. Since the subject property is directly adjacent to single-family dwellings, duplexes, and a multi -family dwelling, the land uses allowed by right in RI-U would be directly compatible with the surrounding area. Uses allowed conditionally in RI-U, including cultural and recreational facilities, limited businesses, and multi -family dwellings, may also be suitable at this site, though any land uses allowed conditionally would be subject to further review to determine full compatibility. Land Use Plan Analysis: Staff finds that the proposed zoning is consistent with the property's Future Land Use map designation as a Residential Neighborhood area. The RI-U zoning district would allow for a mixture of residential densities in an urban form. If the property were to be redeveloped or subdivided, staff finds that RI-U could encourage an environment that is appealing to pedestrians by requiring buildings to be located close to the street and by reducing the visual impact of parking areas. The property has a relatively high weighted infill score of 8, indicating that it is likely a suitable location for infill. Since hydric soils are present on site, more information will be needed at the time of development proposal to determine whether wetlands are present. Regarding City Plan 2040, staff finds that a rezoning to RI-U could support Goals 1 and 3 by encouraging appropriate infill in an area that is highly walkable and near transit routes. With regard to the Walker Park Neighborhood Master Plan, a rezoning to RI-U could support the guiding principle of balancing uses and housing. Per the plan, ensuring a balance of uses and housing contributes to the overall sustainability of the community by reducing the number of vehicle trips needed, and smaller lot sizes exemplify a more sustainable development pattern than conventional subdivisions. Also, the variety of housing types permitted in RI-U would enable residents to remain in the Walker Park neighborhood as their housing needs change. 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 from NC to RI-U is justified. Rezoning to RI-U would allow for housing types and densities that are comparable to the existing development pattern in the area and consistent with the City's planning policies and objectives. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Staff finds that rezoning the property to RI-U has the potential to increase traffic along Wood Avenue. However, the size of the property will naturally limit the scale of any future development and thus reduce any possible impacts on traffic danger or congestion. Any street improvements required in this area would be determined at the time of development proposal. 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 NC to RI-U has the potential to increase population density when considering there is no density limitation associated with the RI-U zoning district. However, staff finds that a rezoning is not likely to undesirably increase the load on public services. The property is near existing water and sanitary sewer infrastructure and is close to other 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; 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-2023-0006 to the City Council with a recommendation of approval. PLANNING COMMISSION ACTION: Required YES Date: March 13, 2023 O Tabled O Forwarded O Denied with a Motion: Winston recommendation of approval Second:Canada Vote: 9-0-0 BUDGET/STAFF IMPACT: None ATTACHMENTS: • Unified Development Code: o §161.12 — District RI-U, Residential Intermediate - Urban o §161.29 — Neighborhood Conservation • Request Letter • Walker Park Neighborhood Illustrative Plan • One Mile Map • Close -Up Map • Current Land Use Map • Future Land Use Map 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 centerline Uses Two 2 Family Uses of an alley A build -to zone that is located None 5 feet 5 feet 12 feet 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. (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 , §§l (Exh. C), 2, 4-20-21) 161.29 Neighborhood Conservation (A) Purpose. The Neighborhood Conservation zone has the least activity and a lower density than the other zones. Although Neighborhood Conservation is the most purely residential zone, it can have some mix of uses, such as civic buildings. Neighborhood Conservation serves to promote and protect neighborhood character. For the purposes of Chapter 96: Noise Control, the Neighborhood Conservation district is a residential zone. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 41 Accessory dwellings Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 9 Two 2 family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 12a Limited business* Unit 24 Home occupations Unit 25 Offices, studios, and related services Unit 28 Center for collecting recyclable materials Unit 36 Wireless communication facilities Unit 44 Cluster Housing Development (C) Density. Ten (10) Units Per Acre. (D) Bulk and Area Regulations. (1) Lot Width Minimum. All dwelling types 140 feet (2) Lot Area Minimum. 4,000 square feet (E) 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 Rear 5 feet Rear, from center line of an alley 12 feet (F) Building Height Regulations. Building Height Maximum 1 3 stories (Ord. No. 5128, 4-15-08; 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, 7-9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19; 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." I would like to rezone this property to an RI-U zoning in order to split into 4 lots. Currently an old 504 sq ft home sits on 0.48 +/- acres. The home is tiny and is in need of major renovations. The best and highest use of this large lot that is a 20 minute walk to downtown and similar distance to grocery stores, dining and the public library would be to offer the opportunity to develop further into more housing opportunity. There is currently an 8 unit condominium building on the northside of the property and a single family residential rental home to the south. The property is in South Fayetteville one mile to the historic square and in an area where a mix of zoning exists offering multi family housing, condos, a smaller home neighborhood, row homes, and even some tiny homes to provide density to this downtown area. I do not think that allowing 4 smaller lots to be made from this almost half acre lot will change the fabric of this neighborhood as it is close proximity to very similar sized lots. J 0 T f �� t� 1_ r T..aveevle a ARKANSAS IjIIL i�' � 4 Ll � �"ii V •+`•' n a•o� C�---.� r Subject I � I I %Q10, sm A I= ju qj; '4�'F. i �;, =. •t, 5 - sew ��_ �., -� ,� 'i .T' Lj >J �9 r }g� •yyg'� �o � - P 4 �Y _ .-J. f ff ; �� wee �IJI " r — f r r 771 � e WALKER PARK NEIGHBORHOOD -ILLUSTRATIVE MASTER PLAN FAYETTEVILLE, ARKANSAS SEPTEMBER 2007 O Existing Building N ® Proposed Building Existing Civic Building ..... Study Area Boundary Lam�� s RZN-2023-0006 One Mile View t� Regional Link Neighborhood Link Regional Link - High Activity Urban Center - Unclassified - Alley - Residential Link . . Shared -Use Paved Trail Trail (Proposed) i Design Overlay District Fayetteville City Limits Z Z Planning Area 920 S. WOOD AVE 0 0.13 0.25 0.5 Miles J lJJ � J � u t I Abol RSF-4 y R ' y I I I IARTI LUTHER Subject Property Planning Area Fayetteville City Limits ORTH 5TH RSF-8 Zoning �I-2 General lnauatriel RESIDE NTIALSINGLE-FAMILY EXTRACTION RI-u COMMERCIAL � RI-12 ResltleniiaFOfice �ResltleMlal-�aWIW21 g�G-2 RSF-.8 g�C3 RSF-1 FORM BASED DISTRICTS RSF-2 M.--nCore RSF4 =Uman Thomughlare RSF-] I♦Mein Siraet Center RSF-8 Osxniown General RSF-18 g� Communiry Services RESIDENTIAL MULTI -FAMILY Neighborhood sarvices RMF-8 g� NeigM1borhootl Conservation �RMF-12 PLANNEDZONING DISTRICTS ii RMF-18 ii Commercial, Intla—I, Residential ii RMF-2a INSTITUTIONAL RMF-08 _P1 INDUSTRIAL I-1 Heavy Commenialana Light lndu-1 RZN-2023-0006 Close Up View RSF-18 W a �— LU W 1o�Ns o m J x O r- m L-- 11 TH ST— Unclassified Residential Link r ' Planning Area i _ _ : Fayetteville City Limits 920 S. WOOD AVE Subject Property Feet 0 75 150 300 1:2,400 450 /FAIRL•ANE ST W a' W J .J W z a MCCLINTON ST •11 w a g J W =,J& NANTUCKET-DINORTH Zone Current Proposed NC 0.48 ac 0.00 ac RI-U 0.00 ac 0.48 ac Total 0.48 ac RZN-2023-0006 Future Land Use z� 0 O, LU z,� cola 9 7TH-ST 920 S. WOOD AVE MARTIN LUTHER KING JRBLVD - - - - -- UJ ❑ O O n....:.,...�s Subject Property ighborhood LU 9TH•ST-- - - - -- > a a W � LU LU .J O 10THLST v Lao a m a O--- 0 _z x U-11TH-ST 12TH PL— LU Q 12TH,ST - - - Q O City O Neighborhood 13TH 13TH PL l� ,.ST 13TH-ST Neighborhood Link Urban Center Unclassified Alley Residential Link r Planning Area Fayetteville City Limits — — — Trail (Proposed) ORTH W Q 10 MIRAG C, \ I— D� I OFFEE - - , I WAY NVNlSVILLE RD FAIRLANE-ST LU a > a ❑ J N � Q J W = 0 z W z MCCLINTON-ST ' p v SWIFT=DR NANTUCKET�o� �RANKIE a 4.ELLY CIR Cn Cn a f- 3 uvi J "_EFo\_\ / CHESAPEAKE a eAY P�- Natural WAY NIGHTS LN City Neighborhood Civic Institutional Civic and Private Open Space Industrial Feet Natural Non -Municipal Government 0 145 290 580 870 1,160 Residential Neighborhood Rural Residential 1'4'$00 Urban Center a] DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY Kit Williams TO: Planning Commission CityArinr„ey Blake Pennington CC: Jessie Masters, Development Review Mana Assistant City Attorney Jodi Barker FROM: Blake Pennington, Assistant City Atto Paralegal DATE: March 14, 2023 RE: Spot Zoning Spot zoning is an issue that arises in your discussions occasionally on rezoning applications. I want to make sure the Planning Commission's understanding of spot zoning aligns with how the Arkansas Supreme Court has defined it. The Arkansas Supreme Court has recognized a city's "need to maintain consistent zoning area, and not to set a precedent of spot zoning." Thomas Petroleum v. West Helena, 310 Ark. 682, 839 S.W. 2d 523, 525 (1992). The Thomas Petroleum case considered a request to rezone residential property to highway -commercial for the purpose of constructing a convenience store and service station. Both the chancery court and the Supreme Court affirmed the West Helena City Council's denial of the rezoning because "the property was entirely surrounded by a residential area, and ... the residents objected ...." Spot zoning, by definition, is invalid because it amounts to an arbitrary, capricious and unreasonable treatment of a limited area within a particular district. As such, it departs from the comprehensive treatment or privileges not in harmony with the other use classi£catio is in the area and without any apparent circumstances which call for different treatment. Spot zoning almost invariably involves a single parcel or at least a limited area.' R. Wright and S. Webber, Land Use (1978). Riddell v. City of Brinkley, 612 S.W. 2d 116, 117 (1981). (S)pot zoning includes zoning one lot in a manner entirely different from the surrounding area .... Smith v. City ofLittle Rock, 279 Ark. 4, 648 S.W. 2d 454, 457 (1983). Spot Zoning Questions of compatibility and spot zoning are related but can be different. As interpreted by the Arkansas Supreme Court, spot zoning relates to the incompatibility of uses. The general issue of compatibility can take into account more factors than just land use. In way of example, say an applicant owns a parcel within a neighborhood that is zoned RSF-4. The applicant seeks to rezone the parcel to RI-U. I do not believe the courts would find this to be spot zoning because the uses in both RSF-4 and RI- U are residential in nature. The Planning Commission could recommend approval of the rezoning finding that the residential uses are compatible and that the rezoning aligns with the City's goals of infill, discouragement of suburban sprawl, and providing a variety of housing types. Conversely, the Planning Commission could deny the rezoning finding that, even though the residential uses are compatible, that is outweighed by the potential density, bulk and area regulations, and setbacks which could be incompatible with the surrounding RSF-4. It is my opinion that the Planning Commission could logically and legally arrive at either decision. If the City Council were to grant or deny the application for the same reasons, I do not believe any court would find that the decision was arbitrary or capricious. In the rezoning forwarded by the Planning Commission with a recommendation of approval last night, a rezoning from NC to RI-U would certainly not be spot zoning.