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Home My WebLink AboutOrdinance 6666113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6666 File Number: 2023-709 REZONE-2023-0011: (239 & 245 N. FLETCHER AVE/HAMBRICE, 485): ' 111111111111111111111111111111111111111111111111111111111111111111 �lllllllllllll g; REL Doc I0: 021116530oo3 TYP Kind. ORDIp6No512o23 at 04:07:4o PM Recorded: g 1 of 3 Washington Kyle SVlvester��clerk 1 6 4 File202 AN ORDINANCE TO REZONE THAT PROPERTY DESCRIBED IN REZONING PETITION RZN-2023-011 LOCATED AT 239 AND 245 NORTH FLETCHER AVENUE IN WARD 1 FOR APPROXIMATELY 0.20 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. PASSED and APPROVED on May 16, 2023 Page 1 Attest: "Pkx l�f � E Kara Paxton, City ier reasurer FAYmEVILLE r • � '•,,NG� pig �GVV�,``�► RZN-2023-0011 239 N. FLETCHER AVE RZN-2023-0011 Close Up View EXHIBIT'A' SUTTON ST_ OAF Zone Current Proposed RMF-24 0.2 ac 0.0 ac Rl-U 0.0 ac 0.2 ac - Alley - Residential Link Feet Hillside -Hilltop Overlay District 0 75 150 300 450 600 Planning Area Fayetteville City Limits 1:2,400 Total 0.2 ac RZN-2023-0011 EXHIBIT 'B' Legal Description 239 N. Fletcher Ave. Fayetteville, AR 72701 PART OF THE NORTH HALF (N1/2) OF THE NORTHWEST QUARTER (NW1/4) OF SECTION FIFTEEN (15) IN TOWNSHIP SIXTEEN (16) NORTH OF RANGE THIRTY (30) WEST, WASH INGTON COUNTY, ARKANSAS, AND BEING THE PROPERTY PURCHASED BY J.M. POORE AND CALLIE POORE, HIS WIFE, FROM A.L. TRENT, TRUSTEE ON FEBRUARY 25T", 1909, AS DEED FOR SAID PURCHASE IS FILED FOR RECORD IN LAND RECORD BOOK 126 AT PAGE 407 AMONG THE LAND RECORDS OF WASHINGTON COUNTY, ARKANSAS, AND DESCRIBED AS BEGINNING AT SAND STONE MARKED "X" ON THE SOUTH SIDE OF SPRING STREET AT SAID SPRING STREET'S CROSSSING WITH WILLOW STREET AS SAID POINT OF CROSSING EXISTED IN 1909, IN THE TOWN (NOW CITY) OF FAYETTEVILLE, ARKANSAS, THENCE N55°E 142 FEET TO A SAND STONE, THENCE EAST 1129 FEET, MORE OR LESS, TO THE WEST SIDE OF FLETCHER AVENUE, AS IT EXISTED IN 1909 AND WHERE THREE BRASS CLOCK WHEELS ARE BURIED, THENCE NORTH WITH SAID WEST SIDE OF FLETCHER AVENUE AS IT EISTED IN 1909, 339 FEET TO WHERE THREE PIECES OF CROCKERY ARE BURIED FOR A STARTING POINT, AND RUNNING THENCE WEST 174 FEET; THENCE SOUTH 53.25 FEET; THENCE EAST 174 FEET; THENCE NORTH 53.25 FEET TO THE PLACE OF BEGINNING. PER SURVEY DATED OCTOBER 19, 2017 BY ALAN REID & ASSOCIATES, THE ABOVE PROPERTY IS ALSO DESCRIBED AS FOLLOWS: A PARCEL OF LAND DESCRIBED AS BEGINNING AT A SAND STONE MARKED "X" ON THE SOUTH SIDE OF SPRING STREET AT CROSSING OF WILLOW STREET IN THE TOWN OF FAYETTEVILLE, ARKANSAS, AND RUNNING THENCE N55°E 142 FEETTO A SAND STONE; THENCE EAST 1129 FEETTO THE WEST SIDE OF FLETCHER AVENUE IN SAID TOWN WHERE THREE BRASS CLOCK WHEELS ARE BURIED; THENCE NORTH WITH WEST SIDE OF FLETCHER AVENUE 339 FEETTO WHERE THREE PIECES OF CROKERY ARE BURIED FOR A STARTING POINT AND RUNNING THENCE WEST 174 FEET; THENCE SOUTH 53.25 FEET; THENCE EAST 174 FEET; THENCE NORTH 53.25 FEET TO THE PLACE OF BEGINNING, BEING PART OF THE N1/2 OF THE NW1/4 OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 30 WEST, AND BEING THE PROPERTY PURCHASED FROM A.L. TRENT TRUSTEE ON FEBRUARY 25T", 1909, AS PER DEED RECORDED IN BOOK 126 AT PAGE 407, AND ALSO BEING DESCRIBED AS FOLLOWS: COMMENCING ATTHE SE CORNER OF LOT 1, BLOCK 11 OF THE MASONIC ADDITION TO THE CITY OF FAYETTEVILLE, ARKANSAS; THENCE S 89°32'36" W 425.00 FEET ALONG THE SOUTH LINE OF SAID LOT 1, BLOCK 11 TO AN EXISTING IRON ON THE WEST RIGHT-OF-WAY LINE OF FLETCHER AVENUE FOR THE TRUE POINT OF BEGINNING; THENCE S 8903236"W 165.00 FEET TO AN EXISTING IRON ON THE EAST LINE OF A 20 FOOT WIDE ALLEY; THENCE S 00°10'17" W 53.25 FEET ALONG THE EAST LINE OF SAID ALLEY TO AN EXISTING IRON; THENCE N 89°32'36" E 165.00 FEETTO AN EXISTING IRON ON THE WEST RIGHT- OF-WAY LINE OF FLETCHER AVENUE; THENCE N 00°10'17" E 53.25 FEETTO THE POINT OF BEGINNING. Washington County, AR I certify this instrument was filed on 01510512023 04:07:40 PM and recorded in Real Estate File Nurnber 02Cia�Ot Clerk 14164 Kyle Sylvester by :. CITY OF Pow, FAYETTEVILLE 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: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-709 SUBJECT: RZN-2023-0011: Rezoning (239 & 245 N. FLETCHER AVE/HAMBRICE, 485): Submitted by HAMBRICE HOMES for property located at 239 & 245 N. FLETCHER AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE, and contains approximately 0.20 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 on the west slope of Mt. Sequoyah, east of downtown, and on the west side of N. Fletcher Avenue. It's on the mid -block between E. Dickson Street to the north and E. Spring Street to the south. The property contains roughly 0.20 acres and is zoned RMF-24, Residential Multi -Family, 24 Units per Acre. Two detached, single-family homes occupy the site; both were built in 2020. The entirety of the site falls within the Hillside Hilltop Overlay District. Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RI- U, Residential Intermediate -Urban. Public Comment: Staff have received inquiries from members of the public on the item but no specific comments in opposition or in favor. One member of the public discussed concern about the unlimited density associated with RI-U zoning and suggested a bill of assurance may be appropriate to limit the number of units that could be developed. Land Use Compatibility: Staff finds the request to be compatible with the surrounding context. Neighboring properties are residential in nature and contain a of a variety of structure types and sizes. Both the existing and proposed zoning designations are high -density residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. When compared to RMF-24, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.20 acres, a maximum of four units are permitted under current entitlements; rezoning to RI-U would remove the density limitation. Any future development would be subject to, and limited by, minimum parking requirements, Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 tree preservation, drainage, and access management standards. RMF-24 zoning allows multi -family dwellings by -right where multi -family is only allowed as a conditional use in RI-U. Rezoning to RI-U would reduce side and rear setbacks for three- and four -family dwellings, increasing the buildable area on site. RMF-24 also prescribes bulk and area regulations for lot width and area based on the specific use of the property where RI- U merely requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, RMF-24 includes a five -story height limit, compared with the smaller single-, 2-, 3-, and 4-family buildings allowed under RI-U with a maximum three-story height limit. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has an infill score of 8. A high infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. The request meets Goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. CITY PLAN 2040 INFILL MATRIX: City Plan 2040's Infill Matrix indicates eight attributes for this site that may contribute to appropriate infill. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (N. Fletcher Avenue) • Near Water Main (N. Fletcher Avenue) • Near Grocery Store (Ozark Natural Foods, 380 N. College Ave.) • Near City Park (Mt. Sequoyah Gardens) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 13 Detour Peak; Route 17 Detour Peak) • Sufficient Intersection Density (Greater than 140 intersections/square mile) DISCUSSION: At the April 24, 2023 Planning Commission meeting, a vote of 9-0-0 forwarded the request to City Council with a recommendation of approval. Commissioner Madden made the motion and Commissioner McGetrick seconded. There was limited discussion, though Commissioner Winston suggested the Commission may be unlikely to support a conditional use permit for a short-term rental in the area given the concentration of nearby rentals. No members of the public spoke during the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Planning Commission Staff Report Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-709 RZN-2023-0011: Rezoning (239 & 245 N. FLETCHER AVE/HAMBRICE, 485): Submitted by HAMBRICE HOMES for property located at 239 & 245 N. FLETCHER AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE, and contains approximately 0.20 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- 2023-011 LOCATED AT 239 AND 245 NORTH FLETCHER AVENUE IN WARD 1 FOR APPROXIMATELY 0.20 ACRES FROM RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY- FOUR UNITS PER ACRE TO RI-U, RESIDENTIAL INTERMEDIATE -URBAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby changes the zone classification of the property shown on the map (Exhibit A) and the legal description (Exhibit B) both attached to the Planning Department's Agenda Memo from RMF-24, Residential Multi -Family, 24 Units per Acre to RI-U, Residential Intermediate -Urban. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the official zoning map of the City of Fayetteville to reflect the zoning change provided in Section 1. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-709 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-2023-0011: Rezoning (239 & 245 N. FLETCHER AVE/HAMBRICE, 485): Submitted by HAMBRICE HOMES for property located at 239 & 245 N. FLETCHER AVE in WARD 1. The property is zoned RMF-24, RESIDENTIAL MULTI- FAMILY, TWENTY-FOUR UNITS PER ACRE, and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. Budget Impact: Account Number Project Number Budgeted Item? No Total Amended Budget Expenses (Actual+Encum) Does item have a direct cost? No Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Available Budget Item Cost Budget Adjustment Remaining Budget Fund Project Title $ 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: Ryan Umberger, Senior Planner MEETING DATE: April 24, 2023 (Updated with Planning Commission Results) SUBJECT: RZN-2023-0011: Rezoning (239 & 245 N. FLETCHER AVE/HAMBRICE, 485): Submitted by HAMBRICE HOMES for property located at 239 & 245 N. FLETCHER AVE. The property is zoned RMF-24, RESIDENTIAL MULTI -FAMILY, TWENTY-FOUR UNITS PER ACRE, and contains approximately 0.20 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE -URBAN. RECOMMENDATION: Staff recommends forwarding RZN-2023-0011 to City Council with a recommendation of approval. RECOMMENDED MOTION: "I move to forward RZN-2023-0011 to City Council with a recommendation of approval." BACKGROUND: The subject property is on the west slope of Mt. Sequoyah, east of downtown, and on the west side of N. Fletcher Avenue. It's on the mid -block between E. Dickson Street to the north and E. Spring Street to the south. The property contains roughly 0.20 acres and zoned RMF-24, Residential Multi -Family, 24 Units per Acre. Two single-family homes occupy the site; both were built in 2020. The entirety of the site falls within the Hillside Hilltop Overlay District. Surrounding land uses and zoning is depicted in Table 1. Table 1 Surrounding Land Use and Zoning Direction Land Use Zoning North Multi -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre South Single -Family Residential RMF-24, Residential Multi -Family, 24 Units per Acre East Single -Family Residential RSF-4, Residential Single -Family, 4 Units per Acre; RSF-18, Residential Single -Family, 18 Units per Acre West Mixed -Density Residential RMF-24, Residential Multi -Family, 24 Units per Acre Request: The request is to rezone the property from RMF-24, Residential Multi -Family, 24 Units per Acre to RI-U, Residential Intermediate -Urban. Public Comment: Staff have received inquiries from members of the public on the item but no specific comments in opposition or in favor. One member of the public discussed concern about the unlimited density associated with RI-U zoning and suggested a bill of assurance may be appropriate to limit the number of units that could be developed. Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 1 of 15 INFRASTRUCTURE AND ENVIRONMENTAL REVIEW Streets: The subject area has frontage along N. Fletcher Avenue. N. Fletcher Avenue is a partially improved Residential Link Street with asphalt paving and open ditches. Any street improvements required in these areas would be determined at the time of a development proposal. Water: Public water is available to the subject area. An existing 10-inch water main is present on the east side of the N. Fletcher Avenue right-of-way. A second 2.25- inch water main is present on the east side of N. Fletcher Avenue. Sewer: Sanitary Sewer is available to the subject area. An existing 8-inch sanitary sewer main is present in the center of N. Fletcher Avenue. Another 8-inch sanitary sewer main is present on the west side of the subject property. Fire: Station 1, located at 303 W. Center Street protects this site. The property is located approximately 0.9 miles from the fire station with an anticipated drive time of approximately four 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. 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 is within a FEMA floodplain, has hydric soils, nor is a protected stream present in the area. The site is entirely within the Hillside -Hilltop Overlay District. Additional restrictions will apply at the time of development. Engineered footing designs will be required at the time of building permit submittal, as well as grading, erosion control and abbreviated tree preservation plans. Tree Preservation: The proposed zoning district of RI-U, Residential Intermediate -Urban requires 15% minimum canopy preservation. The current zoning district of RMF-24, Residential Multi -Family, 24 Units per Acre requires 20% minimum canopy preservation. CITY PLAN 2040 FUTURE LAND USE PLAN: City Plan 2040 Future Land Use Plan designates the property within the proposed rezone as Residential Neighborhood 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 Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 2 of 15 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 8 for this site, with a weighted score of 11.5. The following elements of the matrix contribute to the score: • Adequate Fire Response (Station #1, 303 W. Center St.) • Near Sewer Main (N. Fletcher Avenue) • Near Water Main (N. Fletcher Avenue) • Near Grocery Store (Ozark Natural Foods, 380 N. College Ave.) • Near City Park (Mt. Sequoyah Gardens) • Near ORT Bus Stop (Route 10) • Near Razorback Bus Stop (Route 13 Detour Peak; Route 17 Detour Peak) • Sufficient Intersection Density (Greater than 140 intersections/square mile) 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 residential in nature and contain a of a variety of structure types and sizes. Both the existing and proposed zoning designations are high -density residential districts with urban form setbacks that are congruent with the existing pattern in the neighborhood. When compared to RMF-24, RI-U would increase the permitted buildable area from 50% to 60% of the lot's overall area. Since the subject property contains roughly 0.20 acres, a maximum of four units are permitted under current entitlements; rezoning to RI-U would remove the density limitation. Any future development would be subject to, and limited by, minimum parking requirements, tree preservation, drainage, and access management standards. RMF-24 zoning allows multi -family dwellings by - right where multi -family is only allowed as a conditional use in RI-U. Rezoning to RI-U would reduce side and rear setbacks for three- and four - family dwellings, increasing the buildable area on site. RMF-24 also prescribes bulk and area regulations for lot width and area based on the specific use of the property where RI-U merely requires an 18-foot lot width minimum and no lot area minimum for residential uses. Conversely, RMF-24 includes a five -story height limit, compared with the smaller single-, 2-, 3-, and 4-family buildings allowed under RI-U with a maximum three-story height limit. Land Use Plan Analysis: Staff finds that the request is consistent with adopted land use policies, the Future Land Use Map designation, and goals of City Plan 2040. The property has an infill score of 8. A high infill score indicates that the area can likely support additional density if it is feasible under the proposed zoning entitlements. The request meets Goals 1 and 6 of City Plan 2040, by providing infill development, as well as by providing a Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 3 of 15 potential for a variety of housing types, which could help fulfill a goal towards the provision of more attainable housing. 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 RW is justified. The RMF-24 zoning regulations are oftentimes most suitable for development on larger sites. Rezoning is less restrictive in terms of the bulk and area regulations that govern the size of properties which may better support infill, redevelopment, or subdivision of the property in a manner that fits with the rest of the neighborhood. Rezoning removes multi -family from a use which is allowed by -right and allows structures to have a maximum of four attached units. Staff finds the scale of development permitted under RW is more compatible with the surrounding mix of residential densities and therefore appropriate. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning to RW has an associated potential to increase traffic at this location. RW permits development at an unlimited density where it is currently limited to 24 units per acre. Staff finds, though, the potential to increase the number of residential units is marginal given the size of the lot and unlikely to result in increased traffic danger or congestion. The subject property has access to N. Fletcher Avenue a partially improved Residential Link Street and 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 from RMF-24 to RW may increase population density and therefore the load on public services; however, the impact is not expected to be detrimental. Adequate water and sewer connections are available to the site, suggesting the area can support the increase and avoid costly extensions to services. Fayetteville Public Schools did not comment on this request. 5. If there are reasons why the proposed zoning should not be approved in view of considerations under b (1) through (4) above, a determination as to whether the proposed zoning is justified and/or necessitated by peculiar circumstances such as: Finding: N/A 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. Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 4 of 15 RECOMMENDATION: Planning staff recommend forwarding RZN-2023-0011 to City Council with a recommendation of approval. PLANNING COMMISSION ACTION: jDate: April 24, 2023 O Tabled Motion: Madden (Second: McGetrick Vote: 9-0-0 BUDGET/STAFF IMPACT: None Required YES LID Forwarded Recommending approval. O Denied Attachments: • Unified Development Code: o §161.12 District RI-U, Residential Intermediate — Urban o §161.16 District RMF-24, Residential Multi -Family — Twenty -Four (24) Units Per Acre • Applicant Request Letter • Public Comment • One Mile Map • Close-up Map • Current Land Use Map • Future Land Use Map Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 5 of 15 161.12 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 April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 6 of 15 (H) Minimum Buildable Street Frontage. 50% of the lot width. (Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015, §1(Exh. A), 11-21-17; Ord. No. 6245, §2, 10-15-19; Ord. No. 6427, §§1(Exh. C), 2, 4-20-21) Editor's note(s)—Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 7 of 15 161.16 District RMF-24, Residential Multi -Family - Twenty -Four (24) Units Per Acre (A) Purpose. The RMF-24 Multi -family Residential District is designed to permit and encourage the developing of a variety of dwelling types in suitable environments in a variety of densities. (B) Uses. (1) Permitted Uses. Unit 1 City-wide uses by right Unit 8 Single-family dwellings Unit 9 Two-family dwellings Unit 10 Three 3 and four 4 family dwellings Unit 26 Multi -family dwellings Unit 41 Accessory dwellings Unit 44 Cluster Housing Development Unit 46 Short-term rentals (2) Conditional Uses. Unit 2 City-wide uses by conditional use permit Unit 3 Public protection and utility facilities Unit 4 Cultural and recreational facilities Unit 5 Government facilities Unit 11 Manufactured home park Unit 12a Limited business Unit 24 Home occupations Unit 25 Professional offices Unit 36 Wireless communications facilities (C) Density. Units per acre 1 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park 100 feet Lot within a Manufactured home park 50 feet Single-family 35 feet Two-family 35 feet Three or more 70 feet Professional offices 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres Lot within a mobile home park 4,200 square feet Townhouses: Individual lot 2,000 square feet Single-family 3,000 square feet Two 2 family 4,000 square feet Three 3 or more 7,000 square feet Fraternity or Sorority 2 acres Professional offices 1 acres (3) Land Area Per Dwelling Unit. Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 8 of 15 Manufactured Home 3,000 square feet (E) Setback Requirements. Front Side Other Side Single Rear Other Rear Single Uses & Two (2) Uses Family Family A build -to zone that is 8 feet 5 feet 20 feet 5 feet located between the front property line and a line 25 feet from the front property line. (F) Building Height Regulations. Building Height Maximum 2 stories/3 stories/5 stories* * A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories, between 10-20 feet from the master street plan right-of-way a maximum height of three (3) stories and buildings or portions of the building set back greater than 20 feet from the master street plan right-of-way shall have a maximum height of 5 stories. If a building exceeds the height of two (2) stories, the portion of the building that exceeds two (2) stories shall have an additional setback from any side boundary line of an adjacent single family district. The amount of additional setback for the portion of the building over two (2) stories shall be equal to the difference between the total height of that portion of the building, and two (2) stories. (G) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings. (H) Minimum Buildable Street Frontage. 50% of the lot width. (Code 1965, App. A., Art. 5(III); Ord. No. 2320, 4-6-77; Ord. No. 2700, 2-2-81; Code 1991, §160.033; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4178, 8-31-99; Ord. No. 5028, 6-19-07; Ord. No. 5079, 11-20-07; Ord. No. 5224, 3-3- 09; Ord. No. 5262, 8-4-09; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5495, 4-17-12; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945, §§5, 8, 9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19; Ord. No. 6427 , §§l(Exh. C), 2, 4-20-21) Ord. No. 6427 , § 2, adopted April 20, 2021, "determines that this ordinance and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and termination section." Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 9 of 15 Ronny Hambrice 239 N. Fletcher Ave. Fayetteville, AR 72701 City of Fayetteville Planning Commission 125 W. Mountain St. Fayetteville, AR 72701 Dear Planning Commission, I would like to rezone my property at 239 N. Fletcher Ave. to RI from its current zoning of RMF- 24. 1 believe this will be compatiable with neighboring property, because the lot directly to the north has an eight -unit apartment. I built two single-family houses on this property with an eleven ft. driveway between them. The driveway is shared with a two -space parking area behind each house. I built these houses in 2021. 1 am asking for the rezoning of this property with the intention of applying for a lot split. My wife and I live in one of the houses. The reason I want to split the property is so I can sell one of the houses. Each property will have a 26' x 65' green space at the back and also green space in the front. I believe this proposed rezoning will not affect or conflict with surrounding land uses. Fletcher Ave. is a mixture of residential uses. I would not be making any other changes to the property. Regards, Ronny Hambrice Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Paae 10 of 15 Umberger, Ryan From: Greg House <ghouse@housesinc.com> Sent: Thursday, April 20, 2023 11:53 AM To: Umberger, Ryan Subject: Fwd: 239 N. Fletcher Ave. rezoning application CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Ryan - Again I appreciate your time educating me yesterday, after giving this some thought I would like to share some thoughts with the Planning Commission members regarding the proposed rezoning above. Might you be able to distribute the following to the Commission Members? Thank you in advance for your help, G reg > To the Members of the Fayetteville Planning Commission, > My name is Greg House and I'm writing both as an adjoining property owner, nearby resident of Mount Sequoyah and as an infill property developer regarding the above referred rezoning application. > While it's my understanding that the petitioner's goal is to simply create a circumstance that permits them to sell each building as separate units, I thought I might communicate how I could view the proposed rezoning to RI-U from an infill developers perspective. > A quick and rough analysis indicates that if the property is rezoned RI-U it could be sold the next day. An aggressive developer (even considering the 3 story height restriction) could then submit a plan for construction of 32 to 48 one bedroom, 500 square foot, apartments. Parking could be accommodated both by going below grade and/or just stacking two floors above surface and some subsurface parking. Neighboring property might be bought to provide access and/or more parking. > Perhaps a solution to prevent the possibility of such density could be for the petition to be approved subject to a bill of assurance, tied to the title of the property, that limits development to that already permitted under its current zoning of RMF- 24. That would permit the current property owners to achieve their objectives and preserve the status quo should their interests change. > Respectfully, > Greg House Planning Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 11 of 15 RZN-2023-0011 One Mile View pop . Neighborhood Link Regional Link - High Activity Urban Center Unclassified Alley Residential Link Shared -Use Paved Trail Trail (Proposed) Design Overlay District j Fayetteville City Limits r i Planning Area 239 N. FLETCHER AVE 0 0.13 0.25 0.5 Miles R-O Subject Property � T RSF-4 I RSF-8 I Planning Area Fayetteville City Limits ORTH 2 ning General Industrial RESIDENTIAL SINGLE-FAMILY EXTI-2 RA ION g� RI-u COMMERCIAL RI-12 ResltleniiaFOfice �ResltleMlal-�dWIW21 g�G-2 RSF-s Ica RSF-1 FORM BASED DISTRICTS RSF-2 Gown—n Core RSF-0 Uman Tnomugnrare RSF-] Mein. —Center RSF-s Osxniown General RSF-18 g�COmmunlry Services RESIDENTIAL MULTI -FAMILY NeigbborbooI services RMF-8 g� NeigM1borM1ootl Cons —on �RMF-12 PLANNED ZONING DISTRICTS RMF-18 a g= Commercial, Ind . —I, Resldentlal g� RMF-2a INSTITUTIONAL g� RMF-00 INDUSTRIAL I-1 Heavy Commem-nd Light Ind t-1 annlnq Commission April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 12 of 15 April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 13 of 15 April 24, 2023 RZN-2023-0011 (HAMBRICE) Page 14 of 15 RZN-2023-0011 Future Land Use 239 N. FLETCHER AVE LAFAYETTE ST O QIQ J �j �—SUTTON ST a Subject Property DICKSON•ST w 1" Residential NNER Neighborhood ST � Z LU Ir Q SPRING,ST W Q W Z Q J w Q > J a MEADOWST 0 O 3:—CENTER-ST - - - MOUNTAIN Civic and Private Open Space Neighborhood Link Urban Center Unclassified Alley Residential Link r ; Planning Area 0 145 290 Fayetteville City Limits - - - Trail (Proposed) Feet 580 :11 NORTH > �J n im ZO Z m�0 y IO '0 '� LAFAYETTE•ST L44�F CRESCENT -DR DOG wOpD LN— I 697- ST W Q t- N MISSOURI WAY SKY1.1ty a pp Civic Institutional x 9 m Q \�/Gy O �c TEXAS TpN'TR� 000L- LIGHTON-TR ` \,___�RODGER&DR— City Neighborhood Civic Institutional Civic and Private Open Space Industrial Natural Non -Municipal Government 870 1,160 Residential Neighborhood Rural Residential Urban Center April 24, 2023 RZN-2023-0011 (HAMBRICE) Pace 15 of 15