+ All Categories
Home > Documents > Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was...

Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was...

Date post: 26-Jul-2020
Category:
Upload: others
View: 0 times
Download: 0 times
Share this document with a friend
25
Comments: Purchase Order Number: Change Order Number: Previous Ordinance or Resolution # Approval Date: Original Contract Number: Project Number Budget Impact: Fund Account Number Project Title City of Fayetteville Staff Review Form 2020-0531 Legistar File ID 7/21/2020 City Council Meeting Date - Agenda Item Only RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 23 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.21 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN. N/A for Non-Agenda Item Action Recommendation: Submitted By Garner Stoll CITY PLANNING (630) Division / Department 7/2/2020 Submitted Date No - $ Must Attach Completed Budget Adjustment! V20180321 Budgeted Item? Does item have a cost? Budget Adjustment Attached? Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget - $ - $ NA NA - $
Transcript
Page 1: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

Comments:

Purchase Order Number:

Change Order Number:

Previous Ordinance or Resolution #

Approval Date:

Original Contract Number:

Project Number

Budget Impact:

FundAccount Number

Project Title

City of Fayetteville Staff Review Form

2020-0531

Legistar File ID

7/21/2020

City Council Meeting Date - Agenda Item Only

RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by JORGENSEN & ASSOCIATES, INC. for property

located at 23 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately

0.21 acres. The request is to rezone the property to RI-U, RESIDENTIAL INTERMEDIATE - URBAN.

N/A for Non-Agenda Item

Action Recommendation:

Submitted By

Garner Stoll CITY PLANNING (630)

Division / Department

7/2/2020

Submitted Date

No

-$

Must Attach Completed Budget Adjustment!V20180321

Budgeted Item?

Does item have a cost?

Budget Adjustment Attached?

Current Budget

Funds Obligated

Current Balance

Item Cost

Budget Adjustment

Remaining Budget

-$

-$

NA

NA

-$

Page 2: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

MEETING OF JULY 21, 2020 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: July 2, 2020 SUBJECT: RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by

JORGENSEN & ASSOCIATES, INC. for property located at 23 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.21 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 shown in the attached Exhibits ‘A’ and ‘B’. BACKGROUND: The subject property is located on W. 5th Street, just north of E. Martin Luther King Jr. Blvd. and south of S. Archibald Yell Blvd. The property is comprised of two parcels, 765-07076-001 and 765-07077-000, for a total of 0.21 acres, and has a small single-family dwelling that was constructed in 1940. The property is part of the Jennings Addition and also located within the Walker Park Master Plan area. The subject property has approximately 65’ of frontage along W. 5th Street to the north, and there is additional alley access to the property from the south. The property is currently zoned NC, Neighborhood Conservation, and this district was established for the area in 2008 following the completion of the Walker Park Master Plan. Prior to that point, it had been zoned RMF-24, Residential Multi-Family, 24 Units per Acre. Request: The request is to rezone the property from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban. The applicant has not presented a specific development plan for this property. Land Use Compatibility: The property in question is surrounded by single-family dwellings of different size, scale, and age, which indicates that the neighborhood is currently undergoing transition and redevelopment. On the south side of W. 5th Street, most homes are small, 1-story bungalows from the mid-20th century, but to the north are larger two-story single-family homes constructed within the last 5 years. Staff recognizes the compatibility of the Residential Intermediate - Urban zoning district which would allow for greater density, smaller lot widths, compatible setback requirements with NC zoning, and more flexible by-right allowances that

Page 3: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

2

would be appropriate for this site, especially given long-term land use plans for the area. Land Use Plan Analysis: The high infill score of the property indicates that this neighborhood is well-situated for an increase in density to bring more people closer to the walkable amenities in the area, including Walker Park, downtown, and the nearby grocery store. This area is designated as a Residential Neighborhood Area, which, while primarily residential, encourages low-intensity non-residential uses intended to serve the surrounding neighborhoods on corners and along connecting corridors. While the neighborhood is primarily single-family, staff is in support of the flexible zoning district of Residential Intermediate – Urban (RI-U) since long term-land use plans for the neighborhood show that this neighborhood should be moving in a direction that is higher intensity. The Master Street Plan for this area calls for “Downtown/Urban Street” sections, which indicates that the neighborhood should expect a higher density and higher-level street activity than currently exists. Staff supports a request for an RI-U zoning district to allow for more flexibility and higher density, provide more space for attainable housing, maintain setbacks that are compatible with current surrounding zoning, stepped-back building heights so as not to overload low-lying surrounding properties, and maintain a walkable urban environment. CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 10 for the subject property. The following elements of the matrix contribute to the score:

• Sufficient Intersection Density

• Near Grocery Store (Walmart Neighborhood Market)

• Within Master Plan Area (Walker Park Neighborhood Master Plan)

• Near ORT Bus Stop (Route 20)

• Near Park (Walker Park)

• Near Razorback Bus Stop (Route 13)

• Near Sewer Main (8”, S. Block)

• Near Paved Trail (Razorback Greenway)

• Near Water Main (2” PVC, 5th Street)

• 4 Minute Fire Response (Station #1, 303 W. Center) WALKER PARK NEIGHBORHOOD: The Illustrative Walker Park Plan indicates there is space in this site for a compatible increase in density. The current zoning district of NC came into fruition after the completion of this neighborhood plan in 2008. DISCUSSION: On June 22, 2020, the Planning Commission forwarded the request with an amendment to rezone from NC, Neighborhood Conservation to RI-U, Residential Intermediate – Urban. The applicant initially came forward with a request to rezone the property to RSF-18, Residential Single-Family, 18 units per acre. Staff found the initial request to be compatible with the current land use, but suggested that the Planning Commission consider a recommendation towards an RI-U zoning district to align with the future land use plans for the area, especially with consideration for the Infill Score and the Master Street Plan classification for the neighborhood. Planning Commission was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

Page 4: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

3

and walkable amenities. The applicant was supportive of and consented to the change, appreciating the flexibility that the RI-U zoning district offered to future development of the area. Commissioner Brown made the motion, Commissioner Belden seconded. The vote passed 6-0-1, with Commissioner Hoffman recusing. No public comment was made at the meeting, though one public comment was issued to staff via email ahead of the meeting in support of the rezoning request to RSF-18, which is included in staff’s initial report to Planning Commission. BUDGET/STAFF IMPACT: N/A Attachments:

• Exhibit A

• Exhibit B

• Planning Commission Staff Report

Page 5: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

DG

MSC

NC

P-1

RSF-18

MARTIN LUTHER KING JR BLVD

7TH ST

5TH ST

4TH ST

COLL

EGE A

VE

CHUR

CH AV

E

EAST

AVE

BLOC

K AVE

ARCHIBALD YELL BLVD

ProposedRI-U

LegendDesign Overlay DistrictPlanning AreaFayetteville City LimitsBuilding Footprint

Close Up ViewRZN20-7123 QOZB, LLC.

N

0 150 300 450 60075Feet

1 inch = 200 feet

Subject Property

Zoning AcresRI-U 0.2

Total 0.2

EXHIBIT 'A'20-7123

Page 6: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

LEGAL DESCRIPTION:

All of Lot 2 and a part of Lot 1, Block 13, Jennings Addition to the City of Fayetteville in Washington County, Arkansas, and being described as follows: Beginning at the SE Corner of said Lot 2, Block 13, said point being the POINT OF BEGINNING, thence N87°01'14"W 63.07 feet, thence N02°46'54"E 142.82 feet, thence S87°00'12"E 64.38 feet, thence S03°18'30"W 142.80 feet to the POINT OF BEGINNING: Containing 0.21 acres more or less subject to easements and right of way of record.

EXHIBIT 'B'20-7123

Page 7: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

TO: Fayetteville Planning Commission

THRU: Jonathan Curth, Development Review Manager

FROM: Jessie Masters, Senior Planner

MEETING DATE: June 22, 2020

SUBJECT: RZN 20-7123: Rezone (23 W. 5TH ST./QOZB, LLC., 523): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 23 W. 5TH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains approximately 0.21 acres. The request is to rezone the property to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE.

RECOMMENDATION:Staff recommends forwarding RZN 20-7123 to City Council with a recommendation for approval.

RECOMMENDED MOTION:“I move to forward RZN 20-7123 to City Council with a recommendation for approval.”

BACKGROUND:The subject property is located on W. 5th Street, just north of E. Martin Luther King Jr. Blvd. and south of S. Archibald Yell Blvd. The property is comprised of two parcels, 765-07076-001 and 765-07077-000, for a total of 0.21 acres, and has a small single-family dwelling that was constructed in 1940. The property is part of the Jennings Addition and also located within the Walker Park Master Plan area. The subject property has approximately 65’ of frontage along W. 5th Street to the north, and there is additional alley access to the property from the south. The property is currently zoned NC, Neighborhood Conservation, and this district was established for the area in 2008 following the completion of the Walker Park Master Plan. Prior to that point, it had been zoned RMF-24, Residential Multi-Family, 24 Units per Acre. Surrounding land uses and zoning is depicted in Table 1.

Table 1Surrounding Land Use and Zoning

Direction Land Use ZoningNorth Single-Family

Residential NC, Neighborhood Conservation

South Single-Family Residential NC, Neighborhood Conservation

East Single-Family Residential NC, Neighborhood Conservation

East Single-Family Residential NC, Neighborhood Conservation

Request: The request is to rezone the property from NC, Neighborhood Conservation to RSF-18, Residential Single Family, 18 Units per Acre. The applicant has not presented a specific development plan for this property.

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 1 of 19

Updated with PC meeting results from 6/22/2020

Page 8: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

Public Comment: Staff has received questions regarding the proposal and has received one letter in support of the rezone request, which is attached.

INFRASTRUCTURE:

Streets: This property has frontage to W. 5th Street. W. 5th Street is classified as Urban Center and is partially improved with asphalt paving, curb and gutter, storm drain, and sidewalk at back of curb along the property’s frontage. Any street improvements or requirements for drainage will be determined at time of development.

Water: Public water is available to this parcel. An existing 2-inch watermain is present along West 5th Street that can serve parcel 765-07077-000.

Sewer: Sanitary Sewer is not available to this parcel. A sanitary sewer main extension will be required to be constructed to serve this lot at time of development.

Drainage: Any additional improvements or requirements for drainage will be determined at time of development. Hydric soils appear to be present within the entire subject area. No portion of the property is within the Hillside-Hilltop Overlay District, FEMA floodplain, nor is there a protected stream present in the subject area.

Fire: Fire apparatus access and fire protection water supplies will be reviewed for compliance with the Arkansas Fire Prevention Code at the time of development.Station 1 located at 303 W. Center, protects this site. The property is located approximately 0.5 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.

Police: The Police Department expressed no concerns with this request.

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 variety of housing types of appropriate scale and context, including single family, multifamily and row-houses. Residential Neighborhood encourages highly connected, compact blocks with gridded street patterns and reduced setbacks. It also encourages traditional neighborhood development that incorporates low-intensity non-residential uses intended to serve the surrounding neighbor-hood, 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 in the natural envi-ronment.

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 2 of 19

Page 9: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

CITY PLAN 2040 INFILL MATRIX: City Plan 2040’s Infill Matrix indicates a score of 10 for the subject property, with a weighted score of 12.5. The following elements of the matrix contribute to the score:

Sufficient Intersection DensityNear Grocery Store (Walmart Neighborhood Market)Within Master Plan Area (Walker Park Neighborhood Master Plan)Near ORT Bus Stop (Route 20)Near Park (Walker Park)Near Razorback Bus Stop (Route 13)Near Sewer Main (8”, S. Block)Near Paved Trail (Razorback Greenway)Near Water Main (2” PVC, 5th Street)4 Minute Fire Response (Station #1, 303 W. Center)

WALKER PARK NEIGHBORHOOD: The Illustrative Walker Park Plan indicates there is space in this site for a compatible increase in density. The current zoning district of NC came into fruition after the completion of this neighborhood plan in 2008.

FINDINGS OF THE STAFF

1. 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: The property in question is surrounded by single-family dwellings of different size, scale, and age, which indicates that the neighborhood is currently undergoing some transition and redevelopment.On the south side of W. 5th Street, most homes are small, 1-story bungalowsfrom the mid-20th century, but to the north are larger two-story single-family homes constructed within the last 5 years. The property in question is underdeveloped for its current zoning district of Neighborhood Conservation, which has an allowable density of 10 units per acre; it iscurrently built to a density of 4.76 units per acre (given 1 unit per .21 acres). By-right, the property could add an additional single-family dwelling unit and still be in compliance with current zoning from a density and lot width perspective, though splitting the lot in the future would not be possible; NC has a 40’ lot width minimum for ALL dwelling types, so as density or dwelling types increases, the lot width minimum stays the same. Staff also finds that the current zoning district has conditional uses that are more flexible than the requested zoning district of RSF-18, which does not permit for 3-4 unit dwellings, even conditionally. The minimum lot width of 30’ per single-family dwelling unit or duplex could also inhibit development on this site, given the amount of available frontage of 65’. Though a higher density is permissible in RSF-18, given available lot width and size, any by-right future development would likely be limited to one additional single-family home on the site. As far as setbacks are concerned, both the current zoning district and the proposed zoning district have a build-to-zone that would bring any structures to the edge of the property line. Staff finds that while an RSF-18 zoning district technically has a higher density entitlement than NC zoning and is in keeping with the current single-family nature of the surrounding

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 3 of 19

Page 10: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

properties, lot width requirements and more limited conditional uses could be viewed as a downzoning for this property. Staff recognizes another potentially compatible zoning district in Residential Intermediate – Urban,which would allow for greater density, smaller lot widths, compatible setback requirements with NC zoning, and more flexible by-right allowances that would be appropriate for this site. Staff finds that RSF-18 is not incompatible, but may not be the highest and best use for the property.

Land Use Plan Analysis: Staff believes that the proposal, while compatible with current surrounding contexts, could be more in line with future land use plans for the neighborhood. The high infill score of the property indicates that this neighborhood is well-situated for an increase in density to bring more people closer to the walkable amenities in the area, including Walker Park, downtown, and nearby grocery store. This area is designated as a Residential Neighborhood Area, which, while primarily residential, encourages low-intensity non-residential uses intended to serve the surrounding neighborhoods on corners and along connecting corridors. While the neighborhood is primarily single-family, staff would also be in support of a more flexible zoning district such as Residential Intermediate –Urban (RI-U) since long term-land use plans for the neighborhood indicate that this neighborhood should be moving in a direction that is higher intensity than what RSF-18 would allow. The master street plan for this area indicates that the neighborhood should expect a higher density and higher level street classification than currently exists. Staff would support a request for an RI-U zoning district to allow for more flexibility and higher density, provide more space for attainable housing, maintain setbacks that are compatible with current surrounding zoning, stepped-back building heights so as not to overload low-lying surrounding properties, and maintain a walkable urban environment. That being said, RSF-18 is compatible and would be an appropriate zoning district for the future land use plans as far as appropriate infill is concerned. While staff supports a rezone to RSF-18to allow for a higher density than is currently permitted on this site, staff believes that certain other restrictions associated with the RSF-18 zoning district may not be in alignment with future land use plans for the area. Staff recommends approval, but also asks the Planning Commission to consider an RI-U zoning district as also being an appropriate request.

2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed.

Finding: While the applicant’s request letter did not indicate a specific development plan, the applicant indicates that the zoning will allow for a smaller footprint of residential structures to be compatible with surrounding areas, and keep any future development with a presence and scale that is complementary to the existing context. Staff recognizes that a change to RSF-18 would allow a higher density and a smaller footprint than NC and would be compatible with the surrounding land use and future plans to increase density in the neighborhood with appropriate infill.

3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion.

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 4 of 19

Page 11: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

Finding: Rezoning the property to RSF-18 does have the potential to increase traffic,although the limitations of the RSF-18 zoning district imply that only 1-2additional units would have the potential to be built; staff finds this would not appreciably increase traffic danger or congestion.

4. A determination as to whether the proposed zoning would alter the population density and thereby undesirably increase the load on public services including schools, water, and sewer facilities.

Finding: Rezoning the property from NC to RSF-18 has the potential to increase the density of the property, but not in any way that staff finds the neighborhood would be unable to absorb. With a maximum density of 18 units per acre in RSF-18, a maximum of 3 dwelling units could be on the site, which staff finds would not undesirably increase the load on public services. For a point of consideration, an RI-U zoning would have no maximum density, but given all other site requirements this zoning district would likely not negatively affect the load on public services.

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 forwarding RZN 20-7123 to the City Council with a recommendation for approval.

PLANNING COMMISSION ACTION: Required YES

Date: June 22, 2020 ❒❒ Tabled ❒ Forwarded ❒ Denied

Motion:

Second:

Vote:

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 5 of 19

Brown

Belden

6-0-1; Hoffman recused

Amend request to rezone from NC to RI-U with applicant's agreement andrecommending approval

X

Page 12: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

BUDGET/STAFF IMPACT:None

Attachments:Unified Development Code:

o §161.29 - Neighborhood Conservationo §161.10 - District RSF-18, Residential Single-Family - Eighteen (18) Units Per

Acreo §161.12 - District RI-U, Residential Intermediate - Urban

Request letterStaff Exhibit

Walker Park Illustrative PlanPublic Comment One Mile MapClose-up MapCurrent Land Use MapFuture Land Use Map

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 6 of 19

Page 13: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

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

(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 40 feet

(2) Lot Area Minimum. 4,000 square feet

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 7 of 19

Page 14: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

(E) Setback Regulations.

Front A build-to zone that is located between the front property line and a line 25 feet from the front property line.

Side 5 feet

Rear 5 feet

Rear, from center line of an alley 12 feet

(F) Building Height Regulations.

Building Height Maximum 3 stories

(Ord. No. 5128, 4-15-08; Ord. No. 5312, 4-20-10; Ord. No. 5462, 12-6-11; Ord. No. 5592, 6-18-13; Ord. No. 5664, 2-18-14; Ord. No. 5800 , §1(Exh. A), 10-6-15>; Ord. No. 5921 , §1, 11-1-16; Ord. No. 5945 ,§§5, 7—9, 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6211 , §1, 8-6-19)

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 8 of 19

Page 15: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

161.10 - District RSF-18, Residential Single-Family - Eighteen (18) Units Per Acre

(A) Purpose. The RSF-18 Single-family Residential District is designed to promote and encourage the efficient development of single-family detached residences in a variety of densities.

(B) Uses.

(1) Permitted Uses.

Unit 1 City-wide uses by right

Unit 8 Single-family dwellings

Unit 41 Accessory dwellings

(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.

Units per acre Eighteen (18) or less

(D) Bulk and Area Regulations.

(1) Lot Width Minimum.

Single-family 30 feet

Two (2) family 30 feet

(2) Lot Area Minimum.

Townhouses: individual lot 1,250 square feet

Single-family 2,500 square feet

Two-family 2,000 square feet

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 9 of 19

Page 16: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

(E) Setback Requirements.

Front Side Side-Zero Lot Line* Rear

A build-to zone that is located between the front property line and a line 25 ft. from the front property line.

5 feet on both sides

A setback of less than five feet (zero lot line) is permitted on one interior side, provided a maintenance agreement is filed**. The remaining side setback(s) shall be 10 feet.

5 feet

* A zero lot line is an alternative to the 5 foot building setback. Applicants should consult the International Building Code when locating a structure in close proximity to property lines and/or adjacent structures.

** At least 5 feet of maintenance area shall be provided along a structure that is within 5 feet of a property line. This may be provided through a perpetual maintenance easement on the adjacent property, or through a combination of a maintenance easement and private property. Walls, fences and customary yard accessories are permitted in the maintenance area.

(F) Building Height Regulations.

Building Height Maximum 3 stories

(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H) Minimum Buildable Street Frontage. 50% of the lot width for two-family dwellings.

(Ord. No. 5800 , §2(Exh. B), 10-6-15; Ord. No. 5824 , §2, 11-17-15; 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)

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 10 of 19

Page 17: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

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

(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 Uses

Side Single & Two (2) Family

Rear Other Uses

Rear, from centerline of an alley

A build-to zone that is located between the front property, line and a line 25 feet from the front property line.

None 5 feet 5 feet 12 feet

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 11 of 19

Page 18: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

G:\ETC\Development Services Review\2020\Development Services\20-7123 RZN 23 W. 5th St. (QOZB, LLC) 523\03PC

(F) Building Height Regulations.

Building height maximum 2 stories/3 stories*

* A building or a portion of a building that is located between 0 and 10 feet from the front property line or any master street plan right-of-way line shall have a maximum height of two (2) stories. Buildings or portions of the building set back greater than 10 feet from the master street plan right-of-way shall have a maximum height of three (3) stories.

(G) Building Area. The area occupied by all buildings shall not exceed 60% of the total lot area. Accessory ground mounted solar energy systems shall not be considered buildings.

(H) Minimum Buildable Street Frontage. 50% of the lot width.

(Ord. No. 5945 , §5(Exh. A), 1-17-17; Ord. No. 6015 , §1(Exh. A), 11-21-17; Ord. No. 6245 , §2, 10-15-19)

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 12 of 19

Page 19: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

JORGENSEN 124 W Sunbridge Drive, Suite 5 Fayetteville, AR 72703 Office: 479.442.9127 www.jorgensenassoc.com Established 1985

+ASSOCIATES Civil Engineering · Surveying

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 13 of 19

Page 20: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

RZN 20-7123

MASTER PLANEXHIBIT

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 14 of 19

Page 21: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

From: Alan OstnerTo: Harrison, AndyCc: Lorel Hoffman; Dave JorgensenSubject: Support for Rezoning at 23 West 5th StreetDate: Monday, June 15, 2020 7:30:12 AM

CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachmentsunless you recognize the sender and know the content is safe.

Greetings Planning Commissioners,

Please accept this as my letter of support for this rezoning request. I own the property sharingthe west boundary of the subject property. I think rezoning with "gentle densification" in thisneighborhood is a terrific move. It will promote more housing during this national housingcrisis that predated the covid crisis by years, and it will promote a more vibrant downtown forneighbors and businesses. My home with my wife and family is a block away. We love thisneighborhood. We have lived here for 25 years and see good things happening. I appreciatethis rezoning and the eventual redevelopment of this property.

Best,A l a n O s t n e r, ASLA, PLAD R A I N A G E D O C T O R N W A, P L L CLicensed Landscape ArchitectArk. LA License #5204Ark. Contractor's Lic. #0330990619Board Member: Fayetteville Urban Forestry Advisory BoardBoard Member: Keep Fayetteville Beautiful CommissionMember: Ark Master GardenersC: 479.387.7900E: [email protected]

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 15 of 19

Page 22: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

RMF-24

C-1I-1

C-2

RMF-40

RSF-8

DC

R-O

MSC

RPZD

CS

NC

DG

P-1

E MARTIN LUTHERKING JR BLVD

W MARTINLUTHER KING JR

BLVD

W CENTER ST

W 15TH ST

W MARTINLUTHER KING JR

BLVD

S SC

HO

OL

AVE

LegendPlanning Area

Fayetteville City Limits

Shared Use Paved Trail

Trail (Proposed)

Design Overlay District

ZoningRESIDENTIAL SINGLE-FAMILY

NS-GRI-URI-12NS-LResidential-AgriculturalRSF-.5RSF-1RSF-2RSF-4RSF-7RSF-8RSF-18

RESIDENTIAL MULTI-FAMILYRMF-6RMF-12RMF-18RMF-24RMF-40

INDUSTRIALI-1 Heavy Commercial and Light Industrial

I-2 General Industrial

EXTRACTIONE-1

COMMERCIALResidential-OfficeC-1C-2C-3

FORM BASED DISTRICTSDowntown CoreUrban ThoroughfareMain Street CenterDowntown GeneralCommunity ServicesNeighborhood ServicesNeighborhood Conservation

PLANNED ZONING DISTRICTSCommercial, Industrial, Residential

INSTITUTIONALP-1

One Mile View

RZN20-7123 QOZB, LLC. N0 0.25 0.50.125 Miles

Planning Area

Fayetteville City Limits

Subject Property

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 16 of 19

Page 23: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

DG

MSC

NC

P-1

RSF-18

MARTIN LUTHERKING JR BLVD

7TH ST

5TH ST

4TH ST

CO

LLEG

E AV

E

CHUR

CHAV

E

EAST

AVE

BLO

CK

AVE

ARCHIBALDYELL BLVD

ProposedRSF-18

LegendDesign Overlay District

Planning Area

Fayetteville City Limits

Building Footprint

Close Up View

RZN20-7123 QOZB, LLC.

N

0 150 300 450 60075

Feet

1 inch = 200 feet

Subject Property

Zoning Acres

RSF-18 0.2

Total 0.2Planning Commission

June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 17 of 19

Page 24: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

5TH ST

MARTIN LUTHERKING JR BLVD

BLO

CK

AVE

EAST

AVE

Planning Area

Fayetteville City Limits

Design Overlay District

Current Land Use

RZN20-7123 QOZB, LLC. N

0 50 100 150 20025

Feet

SubjectProperty

Single-FamilyResidential

1 inch = 70 feet

MIxed-Density Residential

Single-Family Residential Single-FamilyResidential

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 18 of 19

Page 25: Action Recommendation · • Near ORT Bus Stop (Route 20) • Near Park (Walker Park) ... was supportive of staff’s recommendation for a rezone to RI-U given the proximity of downtown

!

!

!

!!

!

!

!

!

!

!

!

!

!

!

!!

!

!!

!

!

!

!

!

!

!

CityNeighborhood

Civic andPrivate

Open Space

CivicInstitutional

Natural

ResidentialNeighborhood

UrbanCenter

SCHO

OL

AVE

LOCU

STAV

E

CH

UR

CH

AVE

BLO

CK

AVE

PRAIRIEST

CO

LLEG

E AV

E

SOUTH ST

EAST

AVE

4TH ST

EAST

AVE

7TH ST

ARCHIBALDYELL BLVD

MARTIN LUTHERKING JR BLVD

5TH ST

4TH ST

WA

SHIN

GTO

N A

VE

CHUR

CHAV

E

9TH ST 9TH ST

BLO

CK

AVE

5TH ST

SOUTH ST

ROCK ST

MIL

L AV

EW

ILLO

WAV

E

ALL

EY 4

17

ALL

EY 1

19

COM

BS A

VE

WAS

HING

TON

AVE

LegendPlanning Area

Fayetteville City Limits! ! Shared Use Paved Trail

Trail (Proposed)

Design Overlay District

Building Footprint

City NeighborhoodCivic InstitutionalCivic and Private Open SpaceIndustrialNaturalNon-Municipal GovernmentResidential NeighborhoodRural ResidentialUrban Center

Future Land Use

RZN20-7123 QOZB, LLC. N

0 290 580 870 1,160145

Feet

1 inch = 400 feet

Subject Property

Planning Commission June 22, 2020 Agenda Item 9

20-7123 QOZB, LLC Page 19 of 19


Recommended