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HomeMy WebLinkAboutOrdinance 6665:ry 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6665 File Number: 2023-711 REZONE-2023-0010: (1746 N. OLD WIRE ROAD. / PERRY, 369): I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 021116540003 Type: REL Kind: ORDINANCE Recorded: 06/05/2023 at 04:07:52 PM Fee Amt: $26.00 page 1 of 3 Washington County, AR Kyle Sylvester Circuit Clerk ii ((�� File2O2 3-00014 1 65 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN-2023-010 LOCATED AT 1746 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 1.06 ACRES FROM RSF- 4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 RSF-4, Residential Single -Family, Four Units Per Acre to NC, Neighborhood Conservation. 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 May 16, 2023 Page 1 Attest: RK Irr�'�ifzf ...�.°� CITY Kara Paxton, City ClerkYreasurer Nc- RZN-2023-0010 1746 N. OLD WIRE RD RZN-2023-0010 EXHIBIT "A" Close Up View M w H Q W Z D C , , , ►, , Neighborhood Link Unclassified Residential Link Trail (Proposed) r ' Planning Area ! _ _ Fayetteville City Limits O BROADVIEW DR Feet 0 75 150 300 1:2,400 • • • • • • • • • • ELAIDE LN 450 600 P-1 CHARLEE ST CICERO LN w Q w Cn a NORTH Zone Current Proposed RSF-4 1.0 ac 0.0 ac NC 0.0 ac 1.0 ac Total 1.0 ac RZN-2023-0010 EXHIBIT "B" PREVIOUS PARCEL,5765.13429-OM: A PARTOF THE SOUTHEAST' QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUART'E'R OF SECTION 3, TOWNSHIP 16 NORTH- TLANG£ 30 WEST, WASHINGTON COUNTY. ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS N87=13�3'W I1`40.87 AND NO2°5T1 !'E 242 O(r FRpL1 THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SOUTHFAST QUARTER AND RUNNING THENCE N97° IT 16"W 418,. (Y TO THE EAST" kLGHT-OF-IYAY OF NORTH OLD WIRE ROAD, THLNC E ALONG SAIL)kIGHT-OF-WAY N39^0728'E 155.16'.'FHENCE LEAVING SAID RIG]iT-OF-WAY 56T12'16"$ 326.5]'-H7TIIF WEST LINE DF COTTAGES Al OLD WIRE SUBDIVISION. AS PER T1TE F[NAL PLAT THEREOF FILtb IN IMK 24A ATPAGE 38. THENCEALONG SAID WEST SUBDIVISION I.INESD2°5Ti t-W 05.09 TO THE POINT OF BEGINNING, CONT'AINiNG 1 06ACRFS, NIMEOR LESS. SUBJECT TO THAT PORTION IN NORTH OLD WIRE ROAD MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. A DIU S"k ED PA RCEL 1<765.13429.000: A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER AND APART OF THE SOUFFI WEST QUARTER OF THE SOUTHEAST QUARTER OF SEC7IGN 3, TOWNSHIP 16 NORTH, RANGE 30 W EST WASFINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO-WIT: COMMENCING ATTHE SCHJTHF.AST CORNEROF THE SOUTHEASTQUARTEROFSAIL) SOUTHEAST QUA RI ER AND RUNNING 1 k IE1JC'E N87° E 3^-3" W I D-W 1'O TH E T RU E POINT OF BEGINNING AND RUNNING THENCE N87' 12' 16"W 408.21Y TO THE EAST RIGHT-OF-WAY OF NORTH OLD WIkF1 ROAD, THENCE ALONG SAID RIGHT-OF-WAYN39'0728'E 155.16, THENCE LEAVING SAID RIGHT-OF-WAY S87'1T16"E 316.6Y.THENCE S02"57I I"W 125.0V TO THE PO1 NI' OF moi NNING, CONTAINING I.UI ACRES MORE OR LESS. SUBJECT TO THAT PORTION IN NORTH OLD 1VTRF ROAD MASTFR STRFFC PI AN RIGHT-OF-W A Y (IN THE WFSf SI DF OF HF R FIN DESCRi BED TRACT AND SU BJEC T TG AL L OTH ER EASE MENTS AND RIG HTS-OF-WA Y OF RECORD. PR E V IOUS PA RCE L a 759.29570-W LOT 35, COTTAGES AT OLD W IRE, A SUBL][ VISION TO THE CITY OF FAYETTEVILLE- AKANSAS. AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX4)FFICI0 OF WASHINGTON COUNTY ARKANSAS. SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD. ADJUSTED PARCEL 4759-29570-OW: ALL OF LOT 35. COTTAGES AT OI.D WIRE. A 5UJ3D1V1 SION TO I"HE CITY OF FAY CFI"EVILLE, ARKANSAS. AND ALSO A PART OF THE SOUTHEAST QUARTER OF THE SOLf1HFAST QUARTER OF SEC -If ON 3, TOWNSHIP 16 NORTH, RANG£ 30 WEST, WASHI NOTON COO NT'Y, ARKANSAS. ALL BEING MORE PARTI CDLA R L V f)F.SCR I RED AS FOLLOWS. To mrr 11161NNJ NG X1 AN 5XI STT NC, I?E RAR MAR NG THE SOUTH WEST CORNER OF SAID LOT 35. SAID POINT BEING NE7D13'23"W 1049,85' AND NO2'571 F•E 2&F.O7 FROM THE SOUTHEAST CORNER OF THE SOLJ7'HEAST QUARTER OF SAID SOUTHEAST QUARTER AND RUNNFNG THENCE 1902D571 I'E 27.93, THENCE N97' 12'16"W 10.DO', THENCE NO2'5TI I "E 125.(Kr. THENCE S87"12,16'E I0-W, THENCE S(0571I'W 25.55' TO AN EXISTING REBAR, THENCE S97'OT34"E 50.11' TO AN Fx[STING RERA R. TI IF.Nf. F S6H°[}R'45'W 17101' TC) -1'HF NORTH It lfHI'-OF-WA YOF FAST ADFI.A ID I.AN F. THFNCF AXING SHED RIGPIT-OF-WAY N87133'13'W 49.68'TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRES, MORE. OR LESS. SUBJECT TO THAT PURT'ION IN EAST ADELAI DE LANE MASTFR STREET PLAN RIGHT-OF-WAY ON FI If' SIX 1TH SIDE OF HER El UF'SC RI BTU TRACT"AND SO BJE.C'T TO ALL OTHER EASE MtNI'S AND RIGHTS -OF -WAY OF RECORD. Washington county, AR l certify thi3 4,s 07 Z PM s flied on D61051Z02 and recorded in Reai Estate File urlvestef - ciccu t cle k Kyie Sy CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MAY 16, 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 2023-711 SUBJECT: RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.06 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. 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 east Fayetteville, approximately 1/3 of a mile northeast of the intersection of N. Old Wire Rd. and N. Mission Blvd. The parcel is currently built out with a 1,703 square foot single family residence constructed in 1979 per the Washington County Assessor. FEMA flood plain/floodway covers roughly the western half of the parcel, including portions of the existing home. The estimated Niokaska Creek streamside protection zone covers a portion of the northwest corner adjacent to the existing driveway. Request: The request is to rezone the parcel from RSF-4, Residential Single -Family, 4 Units per Acre zoning district to NC, Neighborhood Conservation. Public Comment: No public comments were received prior to planning commission. One member of the public spoke at the meeting, a summary of which is included below. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Neighboring properties are of a variety of sizes but generally follow a mix of lot -and -block and cul-de-sac development patterns. The RSF-4 and NC districts have similar allowed uses. When compared to RSF-4, rezoning to NC will decrease the required lot area of single and two-family uses from 8,000 square feet and 12,000 square feet, respectively, to 4,000 square feet. In addition, NC would have a build -to zone of 25 feet rather than a front setback of 15 feet, and a rear setback of 5 feet rather than 15 feet. The subject property contains 1.06 acres. Under current entitlements, RSF-4 would allow a maximum of four (4) units, while NC would increase the allowable density to eleven (11) units. That said, staff notes that almost Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 0.5 acres are subject to FEMA regulations, substantially limiting the developable area of the parcel and that any future development would be further limited by minimum parking requirements, tree preservation, drainage, and access management standards. NC requires a 40-foot lot width minimum while RSF-4 requires a 70-foot lot width minimum for single-family dwellings and an 80-foot lot width minimum for two-family dwellings. Conversely, both NC and RSF-4 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 RSF-4 to NC serves to contribute towards the following City Plan 2040 goals: • #1 "We will make appropriate infill and revitalization our highest priority," • #2 "We will discourage suburban sprawl," • #3 "We will make compact, complete, and connected development the standard," and • #6 "We will create opportunities for attainable housing." The Future Land Use Map designates the site as split between "Residential Neighborhood" - 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, and "Natural Area" - a designation which promotes conservation of open space and areas of significant riparian benefit. Staff finds that promotion of infill and density as designated by the "Residential Neighborhood" designation is likely best facilitated by the flexible regulations in NC zoning and is justified given the property's proximity to city services including schools, parks, and trails and the existing NC residential development. Allowing development adjacent to the existing neighborhood in an infill location minimizes the need for the construction of additional municipal infrastructure such as water, sewer, and roads, which could aid in lowering the overall development cost and improving housing affordability. Adding housing near the city center rather than the edges further reduces strain on city services and discourages sprawl development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5=6 for this site. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N Old Wire Rd.) • Near Sewer Main (8" sewer main, E Adelaide Ln.) • Near Water Main (8" water main, N. Old Wire Rd.) • Near Public School (Root Elementary School) • Near City Park (Clarence Craft Park) • Near Paved Trail (N. Old Wire Rd. Side Path) DISCUSSION: At the April 24, 2023 Planning Commission meeting, a vote of 8-0-1 forwarded the request to City Council with a recommendation of approval. Commissioner Brink made the motion and Commissioner Winston seconded. Commissioner McGetrick recused for this item. Commissioners in favor of the rezoning found the proposed district to be compatible with the surrounding neighborhoods. One member of the public spoke during the meeting, citing anticipated compatibility with the existing Buffington neighborhood and the recent POA decision by 75% of residents to expand the POA to encompass additional homes. BUDGET/STAFF IMPACT: Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 NA 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 #: 2023-711 RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.06 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN- 2023-010 LOCATED AT 1746 NORTH OLD WIRE ROAD IN WARD 3 FOR APPROXIMATELY 1.06 ACRES FROM RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE TO NC, NEIGHBORHOOD CONSERVATION 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 RSF-4, Residential Single -Family, Four Units Per Acre to NC, Neighborhood Conservation. 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 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-711 Item ID 5/16/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/28/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD in WARD 3. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.06 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. Account Number Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Fund Project Title Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Item Cost Budget Adjustment Remaining Budget V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF i FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner MEETING DATE: April 24, 2023 (Updated with results from Planning Commission) SUBJECT: RZN-2023-0010: Rezoning (1746 N. OLD WIRE RD. / PERRY, 369): Submitted by BUFFINGTON HOMES for property located at 1746 N. OLD WIRE RD. The property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, FOUR UNITS PER ACRE and contains approximately 1.06 acres. The request is to rezone the property to NC, NEIGHBORHOOD CONSERVATION. RECOMMENDATION: Staff recommends forwarding RZN-2023-0010 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0010 to City Council with a recommendation of approval." BACKGROUND: The subject property is in east Fayetteville, approximately 1/3 of a mile northwest of the intersection of N. Old Wire Rd. and N. Mission Blvd. The parcel is currently developed with a 1,703 square foot single family residence constructed in 1979 per the Washington County Assessor. FEMA floodplain/floodway covers roughly the western half of the parcel, including portions of the existing home. The Niokaska Creek streamside protection zone covers a portion of the northwest corner adjacent to the existing driveway. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Sing e-Farnily Residential RSF-4, Residential Single -Family, 4 Units per Acre South Single -Family Residential / Park NC, Neighborhood Conservation / P-1, Institutional East Single -Family Residential NC, Neighborhood Conservation West Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre Request: The request is to rezone the parcel from RSF-4, Residential Single -Family, 4 Units per Acre zoning district to NC, Neighborhood Conservation. Public Comment: Staff has not received any public comment on the proposed rezoning. Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 1 of 13 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Old Wire Rd. N. Old Wire Rd. is a fully improved neighborhood link street with asphalt paving, sidewalk, curb and gutter. Any street improvements required in these areas would be determined at the time of development proposal. Any additional improvements or requirements for drainage will be determined at time of development. Water: Public water is available to the subject area. An existing 8-inch water main is present on the west side of N. Old Wire Rd. Sewer: Sanitary Sewer is available to the subject area. An existing 15-inch sewer main is present on the east side of N. Old Wire Rd. Fire: Station 5, located at 2979 N. Crossover Rd., protects this site. The property is located approximately 2.1 miles from the fire station with an anticipated drive time of approximately 4 minutes using existing streets. The anticipated response time would be approximately 6.2 minutes. Fire Department response time is calculated based on the drive time plus 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. Police: The Police Department expressed no concerns with this request. Drainage: No portion of the property lies within the Hillside -Hilltop Overlay District. A portion of the property lies within a FEMA floodplain. A floodplain development review will be required at the time of permit or plan submittal. This will restrict the type of development and impact in flood zones; and may require additional documentation such as flood studies or elevation certificates depending on the type of development. If a development impacts a floodplain, those impacts may require review and approval from FEMA. A portion of the property lies within a streamside protection zone. Streamside Protection Zones generally consists of a protected area on each side of a stream or creek. This "protected area" is meant to preserve woody vegetation and natural areas along stream corridors to improve/protect stream health. At a minimum, it will be 50ft wide as measured from the top of bank but depending on the shape and extents of the floodway, it could be substantially more. Certain construction activities such as trails and some utilities are allowed in these zones, but in general, improvements such as parking lots or buildings are prohibited. A portion of the property contains hydric soils, 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 Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 2 of 13 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. Tree Preservation: The proposed zoning district of NC, Neighborhood Conservation requires 20% minimum canopy preservation. The current zoning district of RSF-4, Residential Single -Family, Four Units Per Acre requires 25% 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 split between Residential Neighborhood and Natural Area. Residential Neighborhood Areas are primarily residential in nature and support a wide variety of housing types of appropriate scale and context: single-family, duplexes, rowhouses, 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. Natural Areas consist of lands approximating or reverting to a wilderness conditions, including those with limited development potential due to topography, hydrology, vegetation or value as an environmental resource. These resources can include stream and wildlife corridors, as well as natural hubs and cores, many of which are identified in the generalized enduring green network. A Natural Area designation would encourage a development pattern that requires conservation and preservation, prevents degradation of these areas, and would utilize the principles of low impact development stormwater infrastructure for all developments. Natural Areas are prime candidates for conservation subdivision design and/or clustered development patterns. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates a score of 5-6 for this site, with a weighted score of 6 at the highest. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #5, 2979 N Old Wire Rd • Near Sewer Main (15" sewer main, N Old Wire Rd.) • Near Water Main (8" water main, N. Old Wire Rd.) • Near Public School (Root Elementary School) • Near City Park (Clarence Craft Park) • Near Paved Trail (N. Old Wire Rd. Side Path) 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. Neighboring properties are of a variety of sizes but Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 3 of 13 generally follow a cul-de-sac development pattern, except for the adjacent NC neighborhood to the east and south which follows a more traditional block pattern. The RSF-4 and NC districts have similar allowed uses. NC includes urban form build -to -lines rather than traditional setbacks. When compared to RSF-4, rezoning to NC will decrease the buildable area of the lot for single and two-family uses from 8,000 sf and 12,000 sf respectively to 4,000 sf. In addition, NC would have a build -to zone of 25' rather than a front setback of 15', and a rear setback of 5' rather than 15'. The subject property contains roughly 1.1 acres. Under current entitlements RSF-4 would allow a maximum of four (4) units, while NC would increase the allowable density to eleven (11) units. That said, staff notes that almost 0.5 acres is subject to FEMA regulations, substantially limiting the developable area of the parcel and that any future development would be further limited by minimum parking requirements, tree preservation, drainage, and access management standards. NC requires a 40-foot lot width minimum while RSF- 4 requires a 70-ft lot width minimum for single-family dwellings and 80-ft lot width minimum for two-family dwellings. Conversely, both NC and RSF-4 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 RSF-4 to NC serves to contribute towards the following City Plan 2040 Goals: • #1 "We will make appropriate infill and revitalization our highest priority," • #2 "We will discourage suburban sprawl," • #3 "We will make compact, complete, and connected development the standard," and • #6 "We will create opportunities for attainable housing." The Future Land Use Map designates the site as split between "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, and Natural Area- a designation which promotes conservation of open space and areas of significant riparian benefit. Staff finds that promotion of infill and density as designated by the "Residential Neighborhood" designation is likely best facilitated by the flexible regulations in NC zoning and is justified given the property's proximity to city services and existing NC residential development. The site scores moderately on the Infill Scoring Matrix due to water/sewer access, public parks and trails, and the proximity of the nearby fire station. 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 NC is justified. 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 Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Paqe 4 of 13 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 NC has an associated potential to increase traffic at this location. NC permits development at 10 units per acre where it is currently limited to 4 units per acre. Staff finds potential to increase the number of residential units above what is currently allowed by right subject to constraints such as Floodway/Floodplain, tree preservation requirements, and other design requirements. Staff finds the increase in density is unlikely to result in increased traffic danger or congestion. The subject property has access to N. Old Wire Rd., an improved neighborhood link, and E. Adelaide Ln., 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 NC 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, and the extensive Floodway/Floodplain will likely limit development capacity of the site. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: a. It would be impractical to use the land for any of the uses permitted under its existing zoning classifications; b. There are extenuating circumstances which justify the rezoning even though there are reasons under b (1) through (4) above why the proposed zoning is not desirable. Finding: N/A RECOMMENDATION: Planning staff recommends approval of RZN-2023-0010. Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 5 of 13 PLANNING COMMISSION ACTION: Required YES Date: April 24, 2023 O Tabled 771 Forwarded O Denied Motion: BRINK FORWARD TO CITY COUNCIL WITH RECOMMENDATION OF APPROVAL Second: WINSTON (Vote: 8-0-1 (MCGETRICK RECUSED) BUDGET/STAFF IMPACT: None Attachments: • Unified Development Code: o §161.07 District RSF-4, Residential Single -Family, Four Units per Acre o §161.29 District NC, Neighborhood Conservation • Applicant Request Letter • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 6 of 13 161.07 District RSF-4, Residential Single -Family - Four (4) Units Per Acre (A) Purpose. The RSF-4 Residential District is designed to permit and encourage the development of low density detached dwellings in suitable environments, as well as to protect existing development of these types. (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 5 Government facilities Unit 9 Two-family dwellings Unit 12a Limited business Unit 24 Home occupations Unit 36 Wireless communications facilities Unit 44 Cluster Housing Development (C) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less (D) Bulk and Area Regulations. Single-family Two (2) family dwellings dwellings Lot minimum width 70 feet 80 feet Lot area minimum 8,000 square feet 12,000 square feet Land area per 8,000 square feet 6,000 square feet dwelling unit Hillside Overlay 60 feet 70 feet District Lot minimum width Hillside Overlay 8,000 square feet 12,000 square feet District Lot area minimum Land area per 8,000 square feet 6,000 square feet dwelling unit (E) Setback Requirements. Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 7 of 13 Front Side Rear 15 feet 5 feet 15 feet (F) Building Height Regulations. Building Height Maximum 3 stories (G) Building Area. On any lot the area occupied by all buildings shall not exceed 40% of the total area of such lot. Accessory ground mounted solar energy systems shall not be considered buildings. (Code 1991, §160.031; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 4858, 4-18- 06; Ord. No. 5028, 6-19-07; Ord. No. 5128, 4-15-08; Ord. No. 5224, 3-3-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 , §8, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." 161.29 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 Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 8 of 13 (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 12 feet an alley (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, §§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 April 24, 2023 RZN-2023-0010 (PERRY) Page 9 of 13 LETTER OF INTENT APPLICATION FOR REZONING Buffington Homes (the "Applicant") on behalf of the Perry's (the "Owners") requests a Rezoning of the approximately 1.1 acres located at 1746 N Old Wire Road (Parcel Identification Number 765-13429-000) (the Property) from the RS-4 to NC to modify the conditions of zoning pertaining to the property to allow for construction of two homes on the property. The adjacent neighborhood, Cottages at Old Wire has long been developed as a Neighborhood Conservation subdivision. The subject property was an outlying parcel not included in the original development of the adjacent subdivision. The property owner is ready to sell his property and it incorporates well into the adjacent neighborhood as it is on the same street. Our request is to simply bring this parcel into the exisitng neighborhood and assign it the same zoning as the surrounding parcel. Given the shortage of housing in the City of Fayetteville we feel the highest and best use of the property is to create additional housing that will fit seamlessly into the surrounding neighborhood and be constructed in the same style and of a similar size. For these reasons and because the requested Rezoning is consistent with the surrounding land uses the Applicant respectfully asks Planning Commission to approve the Rezoning as requested. Mary McGetrick, Director of Land Development, Buffignton Homes Planning Commission April 24, 2023 RZN-2023-0010 (PERRY) Page 10 of 13 RZN-2023-0010 One Mile View R-O / RSF-4 1746 N. OLD WIRE RD ORTH 0 0.13 0.25 0.5 Miles Subject Property ' c-t R-A NC i r _ r (N�HORTST I-2 G...I lna.—I Neighborhood Link RESIDENTIAL SINGLE-FAMILY EXTRACTION NS-G E-1 ____ RI-u COMMERCIAL � Regional Link - High Activity ----' .RI-,2 Resltlen,;aFOfiw NS-L Gi Unclassified �Rulae "`�aalMrel �`-2 RSF-.s Ica _ RSFn FORM SAS DISTRICTS Residential Link RSF-2 Gown —,Core RSF1 -tl—Th—g— RSF-] Mein S,reat Cen[er • - Shared -Use Paved Trail RSF-8 �G n,Own Generel RSF-18 C i,niry5e„icee RESIDENTIAL MULTI -FAMILY Neighhorhooa se„ices — — — Trail (Proposed) V. RMF-8 �Ne;ghhn nnaCnnee„e,ign �RMF-tz PLANNEDZONING DISTRICTS Fayetteville City Limits - �RMF-19 - - - - - corerea.nial, ma emal, Resmentla; Planning Area _ _ RMF-2a INSTITUTIONAL " Planning Area f i NDUSTRIAL Fayetteville City Limits �iJ I-, Hoary Common I-d Light ndu—I annmp ommission April 24, 2023 RZN-2023-0010 (PERRY) Page 11 of 13 RZN-2023-0010 Close Up View C Neighborhood Link Unclassified Residential Link Trail (Proposed) r ' Planning Area ! _ _ Fayetteville City Limits 1746 N. OLD WIRE RD O BROADVIEW DR Feet 0 75 150 300 1:2,400 ♦, P-1 ♦ ♦ • • 450 .11 CHARLEE ST CICERO LN W Q W Cn a NORTH Zone Current Proposed RSF-4 1.0 ac 0.0 ac NC 0.0 ac 1.0 ac Total 1.0 ac April 24, 2023 RZN-2023-0010 (PERRY) Page 12 of 13 April 24, 2023 RZN-2023-0010 (PERRY) Page 13 of 13