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HomeMy WebLinkAboutOrdinance 66550 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6655 File Number: 2023-575 RZN 23-005: REZONING (514 S. WILLOW AVEJ COLLINS, 524): Doc ID: 023050620003 Type: 'EL Klnd: ORDINANCE Recorded: 0A/18/2023 at 11:55: 11 An Fee Amt: $25.00 Pape I of 3 Kyle Saton County. AR Kyle Sylvester Circuit Clerk File2023-00009529 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN 23-005 LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD I FOR APPROXIMATELY 0.25 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. PASSED and APPROVED on April 4, 2023 Page 1 Attest: RZN-2023-0005 514 S. WILLOW AVE Close Up View z 0 cD z Neighborhood Link Urban Center Unclassified Alley Residential Link Hillside -Hilltop Overlay District r _ Planning Area _ Fayetteville City Limits RSF-8 Subject Property NIL'UTHE Feet RZN-2023-0005 EXHIBIT "A" -w Q 0 O O JA, OAP ,A& NORTHI Zone Current Proposed NC 0.2 0.0 RW 0.0 0.2 0 75 150 300 450 600 1:2,400 1 Total 0.2 ac RZN-2023-0005 EXHIBIT "B" Attachment for Rezoning Application for 514 S. Willow Ave. Legal Description for 514 S. Willow Avenue PT LOT 45 SW (70/150) Further Described from 2013-33519 AS: A part of the Southwest Quarter of the Southwest Quarter of Section Fifteen (15) Township Sixteen (16) North, Range Thirty (30) West described as follows: Beginning at a point 473.5 feet West and 484.8 feet North of the Southeast corner of said 40 acre tract, and running thence West 150 feet: thence North 70 feet: thence East 150 feet: thence South 70 feet to the place of beginning, and being situated in the City of Fayetteville, County of Washington and State of Arkansas. Washington County, AR I certify this instrument was filed on 04/18/2023 11:55:11 AM and recorded in Real Estate File Number 2023-00009529 Kyle Sylvester - Circuit Clerk CITY OF W41iFAYETTEVILLE 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: Donna Wonsower, Planner DATE: CITY COUNCIL MEMO 2023-575 SUBJECT: RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by ADAMS COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains approximately 0.25 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 in south Fayetteville, roughly 150 feet north of the intersection of E. Martin Luther King Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood Conservation, totals approximately 0.25 acres, and is developed with a 720-square foot single-family structure, an existing non -conforming garage partially located on the adjacent property to the north, and an existing non -conforming shed partially located on the property to the east. No zoning overlays or special regulations apply to the site; however, it is within the Walker Park Neighborhood master plan area. The site is characterized by hydric soils along the western half and slopes over 15% across a portion of the rear yard. Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on the proposed rezoning. 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. The existing and proposed zoning districts have similar allowable uses, though RI-U has more uses allowed by right. Both the existing and proposed zoning designations are residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. Since the subject property contains roughly 0.2 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 Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 preservation, drainage, and access management standards. NC zoning allows two-family, three and four family, and cluster housing developments by conditional use where they are allowed by -right in RI-U. Rezoning to RI-U would reduce side and rear setbacks for non -single and two-family dwelling uses, increasing the buildable area on site. RI-U requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, both NC and RI-U include up to 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 NC to RI-U serves to contribute towards City Plan 2040 Goals #1- Appropriate Infill, #4- Growing a Livable Transportation Network, and #6- Create Opportunities for Attainable Housing. The site scores moderately on the Infill Scoring Matrix (see below). Because of the flexible zoning regulations associated with the RI-U district, rezoning may allow for redevelopment or added density near these services. The Future Land Use Map designates the site as a Residential Neighborhood Area — a designation which supports a wide variety of housing types of appropriate scale and context, including single- family, duplexes, rowhouses, multifamily and accessory dwelling units. NC allows only single-family or accessory dwellings by right, while RI-U is more consistent with future land use plan designation in allowing a wider variety. Increasing density is likely best facilitated on a site of this size due to the generous regulations in RI-U zoning and is justified given the property's proximity to adjacent public, commercial and other non- residential uses. 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: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (6" sewer main, S. Willow Av) • Near Water Main (6" water main, S. Willow Ave.) • Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park) • Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) 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 Holcomb made the motion and Commissioner Brink seconded. Commissioner Madden expressed concern over whether the increasing number of rezoning requests within the Walker Park Neighborhood Plan area indicate a need to approach the neighborhood holistically rather than as individual zoning requests. The Commission acknowledged the age of the plan and the possibility of further discussion with long-range planning. Commissioners in favor of the rezoning found RI- U to be compatible with the existing NC zoning district and to allow for additional infill development. Commissioners noted the narrowness of the lot and the difficulty of splitting the parcel under current zoning, and staff confirmed that due to the small size of the lot and density constraints, only two units would be allowed in the existing NC zoning district even if a conditional use permit was granted for three- or four -family dwelling units. The Commission did not find the rezoning request to be an example of spot zoning. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: NA 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 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 #: 2023-575 RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by ADAMS COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains approximately 0.25 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 23-005 LOCATED AT 514 SOUTH WILLOW AVENUE IN WARD 1 FOR APPROXIMATELY 0.25 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 2023-575 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-2023-0005: Rezoning (514 S WILLOW AVE./ COLLINS, 524): Submitted by ADAMS COLLINS for property located at 514 S. WILLOW AVE in WARD 1. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains approximately 0.25 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 T77 - Does item have a direct cost? No Item Cost $ Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: March 13, 2023 (Updated with results from Planning Commission) SUBJECT: RZN-2023-0005: Rezoning (514 S WILLOW AVEJ COLLINS, 524): Submitted by ADAMS COLLINS for property located at 514 S. WILLOW AVE. The property is zoned NC, NEIGHBROHOOD CONSERVATION and contains approximately 0.25 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0005 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0005 to City Council with a recommendation of approval." BACKGROUND: The subject property is located in south Fayetteville, roughly 150 feet north of the intersection of E. Martin Luther King Jr Blvd. and S. Willow Ave. The property is zoned NC, Neighborhood Conservation, totals approximately 0.25 acres, and is developed with a 720-square foot single- family structure, an existing non -conforming garage partially located on the adjacent property to the north, and an existing non -conforming shed partially located on the property to the east. The applicant intends to remove the non -conforming structures. No zoning overlays or special regulations apply to the site however it is within the Walker Park Neighborhood master plan area. The site is characterized by hydric soils along the western half and a roughly 3:1 slope in the rear yard. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Single-FamilyResidential NC, Neighborhood Conservation South Single -Family Residential NC, Neighborhood Conservation East Undeveloped NC, Neighborhood Conservation West Single -Family Residential / Undeveloped NC, Neighborhood Conservation Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate -Urban. Public Comment: Staff has not received any public comment on the request. Planning Commission March 13, 2023 RZN-2023-0005(COLLI NS) Page 1 of 13 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along the west side of S. Willow Ave. S. Willow Ave. is a partially improved Residential Link Street with asphalt paving, sidewalks on the east 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. Existing 6-inch water main is present on the West side of South Willow Avenue. Sewer: Sanitary Sewer is available to the Subject area. Existing 6-inch sewer main is present in the center of South Willow Avenue. Fire: Station 1, located at 303 W. Center St., protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately 3 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: 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. There are hydric soils present on the site. Hydric soils are a known indicator of wetlands. However, for an area to be classified as wetlands, it may also need other characteristics such as hydrophytes (plants that grow in water), and shallow water during parts of the year. Hydric Soils can be found across many areas of Fayetteville, including valleys, floodplains, and open prairies. It'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 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 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 a Residential Neighborhood. Planning Commission March 13, 2023 RZN-2023-0005(COLLI NS) Page 2 of 13 Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, multifamily and accessory dwelling units. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced building setbacks. It also encourages traditional neighborhood development that incorporates low -intensity non-residential uses intended to serve the surrounding neighborhoods, such as retail and offices, on corners and along connecting corridors. This designation recognizes existing conventional subdivision developments which may have large blocks with conventional setbacks and development patterns that respond to features of the natural environment. Building setbacks may vary depending on the context of the existing neighborhood. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 7 for this site, with a weighted score of 8 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 (6" sewer main, S. Willow Av) • Near Water Main (6" water main, S. Willow Ave.) • Near City Park (Jefferson Park, Walker Park, Ralph "Buddy" Hayes Park) • Near Paved Trail (E. Martin Luther King Jr. Blvd. Side Path Trail) • Near ORT Bus Stop (Route 20) • Within Master Plan Area (Walker Park Neighborhood) 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 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. The existing and proposed zoning districts have similar allowable uses, though RI-U has more uses allowed by right. Both the existing and proposed zoning designations are residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. When compared to NC, rezoning to RI-U will not affect the buildable area of the lot for single and two-family uses but would increase the permitted buildable area by 5% of the lot's overall area for other uses. Since the subject property contains roughly 0.2 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. NC zoning allows two-family, three and four family, and cluster housing developments by conditional use where they are allowed by -right in RI-U. Rezoning to RI-U would reduce side and rear setbacks for non -single and two-family dwelling uses, increasing the buildable area on site. RI-U requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, both NC and RI-U include up to a three-story height limit. Planning Commission March 13, 2023 RZN-2023-0005(COLLINS) Page 3 of 13 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 NC to RI-U serves to contribute towards City Plan 2040 Goals #1- Appropriate Infill, #4- Growing a Livable Transportation Network, and #6- Create Opportunities for Attainable Housing. The site scores moderately on the Infill Scoring Matrix due to water/sewer access, proximity to multiple city parks and trails, and access to a nearby ORT bus stop. 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 only single-family or accessory dwellings are allowed by right in NC, RI-U encourages more appropriately scaled density 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 RI-U zoning regulations often facilitate development on smaller 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. NC currently limits density to 10 units per acre, whereas RI-U does not have a set density requirement. 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 S. Willow 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. Planning Commission March 13, 2023 RZN-2023-0005(COLLINS) Paqe 4 of 13 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2023-0005. PLANNING COMMISSION ACTION: Required YES Date: March 13, 2023 Motion: HOLCOMB Second: BRINK Vote: 9-0-0 BUDGET/STAFF IMPACT: None O Tabled O Forwarded O Denied Recommendation of Approval Attachments: • Unified Development Code: o §161.12 District RI-U, Residential Intermediate — Urban o §161.29 District NC, Neighborhood Conservation • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map • Public Comment Planning Commission March 13, 2023 RZN-2023-0005(COLLI NS) Page 5 of 13 161.12 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 March 13, 2023 RZN-2023-0005(COLLI NS) Page 6 of 13 (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) 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 March 13, 2023 RZN-2023-0005(COLLI NS) Page 7 of 13 161.29 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 12 feet alley Planning Commission March 13, 2023 RZN-2023-0005(COLLI NS) Page 8 of 13 (F) Building Height Regulations. Building Height Maximum 13 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." Planning Commission March 13, 2023 RZN-2023-0005(COLLI NS) Page 9 of 13 The request to rezone the property located at 514 S. Willow Avenue from the current Neighborhood Conservation (NC) to Residential Intermediate Urban (RI-U) we feel would be compatible with the neighboring property. In reviewing property in the surrounding area it appears other properties have requested and received the rezoning from NC to RI-U. This RI-U zoning would be compatible with the City of Fayetteville's `Future Land Use Map' and the Walker Park Neighborhood Master Plan. The RI-U zoning would allow for more residential units than the current zoning based on the size of the lot if that were to be desired in the future. Planning Commission March 13, 2023 RZN-2023-0005(COLLINS) Page 10 of 13 RZN-2023-0005 514 S. WILLOW AVE One Mile View NORTH 1. Im I OIL 1111 0 0.13 0.25 0.5 Miles CK, T J AProperty%4,1—,....',-1 �\ Subject_ AMill . '"v/�/�♦ - t-Q RSF-8 ' I � I MARTIN L' UTHE 7 I :E I � , I ' G � WINE y - O �11 Z O i P 1 Regional Link --- Zoning RESIDENTIAL SINGLE-FAMILY �I-2 General lnauatriel F�(TRACTION Neighborhood Link _ _ _ _ _ _ - M. Ns-c M. RI-u CO a COMMM ERCIAL Regional Link - High Activity RI-12 NS-L ResltlemialAfice 11 Urban Center ResltleMlal-�rialW21 C-2 _ �C3 Unclassified _ - RSF15 FORM BASED DISTRICTS —Alley _ _ RSF-2 RSFd � Oownbwn Core �uman>•nom�gnrare -Residential Link ❑ RSF-] RSF-8 Mein Streat Cen[er � Osxntown General Shared -Use Paved Trail RSF-18 g�ovmmuniry services RESIDENTIAL MULTI -FAMILY NeighborM1oob sarvices — — Trail (Proposed) Q g� RMF-8 g� NeigM1borM1ootl Conservation r- Desl n Overlay District 9 y DI,SRerslaen45al --J _ _ i------ RMF-18 �Nmmert aOl,NntlG Fayetteville City Limits Planning Area r - - - - - _ _ _ . RMF-2a INSTITUTIONAL Planning Area Fayetteville City Limits _ -_- RMF-00 INDUSTRIAL I-1 Heavy Commevd i—Light Inau—I _P1 annlnp Uorrinnission March 13, 2023 RZN-2023-0005(COLLI NS) Pace 11 of 13 RZN-2023-0005 514 S. WILLOW AVE Close Up View Subject Property NIL'UTHE z 0 0 z RSF-8 W Q 0 O O ,A& NORTHI Neighborhood Link Zone Current Proposed Urban Center Unclassified NC 0.2 0.0 RW 0.0 0.2 Alley Residential Link Feet Hillside -Hilltop Overlay District Planning Area 0 75 150 300 450 600 r _ � _ Fayetteville City Limits :2,400 Total 0.2 ac March 13, 2023 RZN-2023-0005(COLLI NS) Page 12 of 13 RZN-2023-0005 514 S. WILLOW AVE Current Land Use WWI �. Z71 ' *7q:4e' �. d M.. . r , -- _ A x L�Bc Neighborhood Link Urban Center Unclassified Alley Residential Link — — - Trail (Proposed) r Planning Area Fayetteville City Limits _ I Design Overlay District Z O O Z Commercial Feet 0 112.5 225 450 675 900 1:3,600 F�q Single -Family Residential FEMA Flood Hazard Data 100-Year Floodplain Floodway March 13, 2023 RZN-2023-0005(COLLI NS) Pace 13 of 13 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.