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City of Fayetteville Staff Review Form 2018-0477 Legistar File ID 9/18/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 8/28/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department RZN 18-6313: Rezone (SE OF N. GREGG AVE. & W. ASH ST./ALPHA FARMS, LLC., 367): Submitted by BATES & ASSOCIATES, INC. for property located SE OF N. GREGG AVE. & W. ASH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.84 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - Must Attach Completed Budget Adjustment Previous Ordinance or Resolution # V20140710 Original Contract Number: Approval Date: Comments:

MEETING OF SEPTEMBER 18, 2018 TO: THRU: FROM: Mayor, Fayetteville City Council Garner Stoll, Development Services Director Jonathan Curth, Senior Planner Andrew Garner, Planning Director DATE: August 28, 2018 SUBJECT: RZN 18-6313: Rezone (SE OF N. GREGG AVE. & W. ASH ST./ALPHA FARMS, LLC., 367): Submitted by BATES & ASSOCIATES, INC. for property located SE OF N. GREGG AVE. & W. ASH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.84 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: The and staff recommend approval of the requested rezoning as depicted in Exhibits A and B. BACKGROUND: The subject property is located at the southeast corner of Gregg Avenue and Ash Street, and is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. Prior to the 1970s, the property appears to have been in agricultural use but has since remained undeveloped. Request: The request is to rezone the parcel from RSF-4, Residential Single-family, 4 Units per Acre, to RMF-24, Residential Multi-family, 24 Units per Acre. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received no public comment concerning the request. Land Use Compatibility: Staff finds that the proposed rezoning is generally compatible with adjacent land uses. Although some single-family homes are located immediately adjacent to the subject property, these are developed in a pattern and at a density that is more in-line with the requested RMF-24 zoning than the existing RSF-4. Coupled with the subject property s adjacency to multi-family developments and a major thoroughfare, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. Land Use Plan Analysis: The property is designated as City Neighborhood Area and staff finds the proposal to be consistent with this classification. The proposed RMF-24 zoning district allows

for a wider spectrum of residential housing types than is currently allowed, including both attached and detached dwellings. Development under the RMF-24 zoning district can encourage a livable transportation network by offering residential housing occupants access to the nearby Scull Creek trail and transit locations. Additionally, the proposed rezoning may promote appropriate infill that allows development of a mass, density, and intensity similar to adjacent zoning districts and land uses. Lastly, the RMF-24 zoning district encourages development in a traditional town form, with new structures addressing the street and utilizing existing services and infrastructure. DISCUSSION: At the meeting, this item was forwarded with a recommendation for approval by a vote of 9-0-0. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Staff Report

RZN18-6313 Close Up View ALPHA FARMS, LLC. EXHIBIT 'A" 18-6313 YATES AVE BIRCH AVE ASH ST I-1 Subject Property WOOLSEY AVE ASH ST Proposed ASLAN PL RSF-4 RMF-24 RMF-40 GREGG AVE SYCAMORE ST NP-1 Zoning Acres Legend Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet N/A 0.8 Total 0.8

EXHIBIT 'B' 18-6313

TO: THRU: FROM: Fayetteville Andrew Garner, City Planning Director Jonathan Curth, Senior Planner MEETING DATE: (Updated with Results) SUBJECT: RZN 18-6313: Rezone (SE OF N. GREGG AVE. & W. ASH ST./ALPHA FARMS, LLC., 367): Submitted by BATES & ASSOCIATES, INC. for property located SE OF N. GREGG AVE. & W. ASH ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.84 acres. The request is to rezone the property to RMF-24, RESIDENTIAL MUL.TI FAMILY, 24 UNITS PER ACRE. RECOMMENDATION: Staff recommends forwarding RZN 18-6313 to City Council with a recommendation of approval based on the findings contained in this report. RECOMMENDED MOTION: I move to forward RZN 18-6313 to City Council with a recommendation for approval. BACKGROUND: The subject property is located at the southeast corner of Gregg Avenue and Ash Street, and is currently zoned RSF-4, Residential Single-family, 4 Units per Acre. Prior to the 1970s, the property appears to have been in agricultural use but has since remained undeveloped. Surrounding land use 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 Multi-family Residential RMF-24, Residential Multi-family, 24 Units per Acre West Mini-storage I-1, Heavy Commercial and Light Industrial East 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, to RMF-24, Residential Multi-family, 24 Units per Acre. The applicant has not stated their development intent should the property be rezoned. Public Comment: Staff has received no public comment concerning the request. Page 1 of 13

INFRASTRUCTURE: Streets: Water: Sewer: Drainage: Fire: Police: The subject property has access to both Gregg Avenue and Ash Street. The Master Street Plan classifies these streets as a Minor Arterial and Local Street respectively. Gregg Avenue is an improved 4-lane street with back-of-curb sidewalk along the subject property s frontage, curb and gutter, but no storm drains. Ash is a two-lane unimproved asphalt street with curb, gutter, and storm drains, but no sidewalk. Any street improvements required in these areas would be determined at the time of development proposal. Public water is available to the site. There is an existing 8-inch main along the Gregg Avenue right-of-way and a 1.5-inch main along the Ash Street right-of-way. Furthermore, there is an 8-inch main crossing east-west along the subject property s northern extents. Sanitary Sewer is available to the site. There is an existing 8-inch main along the Gregg Avenue right-of-way and a 6-inch main along the Ash Street right-of-way No portion of this property is identified as FEMA regulated floodplains or the Hillside-Hilltop Overlay District. There are no protected streams on this parcel nor are there any identified hydric soils. Any additional improvements or requirements for drainage will be determined at time of development. The Fire Department expressed no concerns with this request. The Police Department expressed no concerns with this request. CITY PLAN 2030 FUTURE LAND USE PLAN: City Plan 2030 Future Land Use Plan designates the properties within the proposed rezone as City Neighborhood Area. City Neighborhood Areas are more densely developed than residential neighborhood areas and provide a varying mix of nonresidential and residential uses. This designation supports the widest spectrum of uses and encourages density in all housing types. 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 Plan Analysis: The property is designated as City Neighborhood Area and staff finds the proposal to be consistent with this designation. The proposed RMF-24 zoning district allows for a wider spectrum of residential housing types than is currently allowed, including both attached and detached dwellings. Development under the RMF-24 zoning district can encourage a livable transportation network by offering residential housing occupants access to the nearby Scull Creek trail and transit locations. Additionally, the proposed rezoning may promote appropriate infill that allows development of a mass, density, and intensity similar to adjacent zoning districts and land uses. Lastly, the RMF-24 zoning district encourages development in a traditional town form, with new structures addressing the street and utilizing existing services and infrastructure. G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 2 of 13

Land Use Compatibility: Staff finds that the proposed rezoning is generally compatible with adjacent land uses. Although some single-family homes are located immediately adjacent to the subject property, these are developed in a pattern and at a density that is more in-line with the requested RMF-24 zoning than the existing RSF-4. Coupled with the subject property s adjacency to multi-family developments and a major thoroughfare, staff contends that potential development under the requested zoning district promotes a greater diversity of housing options that is appropriate at this location. 2. A determination of whether the proposed zoning is justified and/or needed at the time the rezoning is proposed. Finding: In staff s opinion, a rezoning to RMF-24 at this location is justified at this time. The general alignment of the request with many of City Plan 2030 s goals suggest a rezoning to a form-based multi-family district is suitable. 3. A determination as to whether the proposed zoning would create or appreciably increase traffic danger and congestion. Finding: Rezoning the property to RMF-24 may appreciably increase traffic to this location above the potential of the current RSF-4 zoning district. That said, the property s adjacency to two public streets, one of which is classified as a Minor Arterial, ensures that an increased number of vehicle trips will be accommodated without increasing congestion. 2011 to 2015 accident data validates this, with no incidents reported at the intersection of Gregg Avenue and Ash Street. 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 RSF-4 to RMF-24 will increase the potential population density, but will not undesirably increase the load on facilities and services. As noted above, this 0.84-acre property has access to existing water, sewer, and other public services that eliminate the need for costly extensions or stretched fire or police service. 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. G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 3 of 13

Finding: N/A RECOMMENDATION: Planning staff recommends forwarding RZN 18-6313 to the City Council with a recommendation for approval. PLANNING COMMISSION ACTION: Required YES Date: Tabled x Forwarded Approved Denied Motion: Johnson, to forward with a recommendation of approval. Second: Belden Vote: 9-0-0 BUDGET/STAFF IMPACT: None Attachments: Unified Development Code: o 161.07 - District RSF-4, Residential Single-family, 4 Units per Acre o 161.16 Distrct RMF-24, Residential Multi-family, 24 Units per Acre Request letter One Mile Map Close-up Map Current Land Use Map Future Land Use Map G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 4 of 13

161.07 - District RSF-4, Residential Single-Family - Four (4) Units Per Acre (A) (B) 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. 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) (D) Density. Single-family dwellings Two (2) family dwellings Units per acre 4 or less 7 or less Bulk and Area Regulations. Single-family dwellings Lot minimum width Lot area minimum Land area per dwelling unit Hillside Overlay District Lot minimum width Hillside Overlay District Lot area minimum Land area per dwelling unit Two (2) family dwellings 70 feet 80 feet 8,000 square feet 8,000 square feet 12,000 square feet 6,000 square feet 60 feet 70 feet 8,000 square feet 8,000 square feet 12,000 square feet 6,000 square feet G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 5 of 13

(E) Setback Requirements. 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. G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 6 of 13

161.16 - District RMF-24, Residential Multi-Family - Twenty-Four (24) Units Per Acre (A) (B) 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. 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 (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 24 or less (D) Bulk and Area Regulations. (1) Lot Width Minimum. Manufactured home park Lot within a Manufactured home park Single-family Two-family Three or more Professional offices 100 feet 50 feet 35 feet 35 feet 70 feet 100 feet (2) Lot Area Minimum. Manufactured home park 3 acres G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 7 of 13

Lot within a mobile home park Townhouses: Individual lot Single-family Two (2) family Three (3) or more Fraternity or Sorority Professional offices 4,200 square feet 2,000 square feet 3,000 square feet 4,000 square feet 7,000 square feet 2 acres 1 acres (3) Land Area Per Dwelling Unit. Manufactured Home 3,000 square feet (E) Setback Requirements. Front A build-to zone that is located between the front property line and a line 25 feet from the front property line. Side Other Uses Side Single & Two (2) Family Rear Other Uses Rear Single Family 8 feet 5 feet 20 feet 5 feet (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) (H) Building Area. The area occupied by all buildings shall not exceed 50% of the total lot area. Minimum Buildable Street Frontage. 50% of the lot width. G:\ETC\Development Services Review\2018\Development Review\18-6313 RZN SE of Gregg Ave. & Ash St. (Alpha Farms, LLC) 367\03 \08-27-2018 Page 8 of 13

18-6313 Request Letter Page 9 of 13

RZN18-6313 One Mile View ALPHA FARMS, LLC. N 0 0.125 0.25 0.5 Miles R-A ERNIE LEVERETT GARRETT DR I-1 GARRETT C-2 RMF-24 GREGG AVE R-O CS Subject Property MILLER ST YA TES AVE POPLAR ST RPZD SYCAMORE ST LEVERETT AVE RMF-40 RSF-4 P-1 COLLEGE AVE C-1 NORTH ST Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Building Footprint Planning Area Fayetteville City Limits Zoning RESIDENTIAL SINGLE-FAMILY Residential-Agricultural RSF-.5 RSF-1 RSF-2 RSF-4 RSF-7 RSF-8 RSF-18 RESIDENTIAL MULTI-FAMILY RT-12 Residential Two and Three-family RMF-6 RMF-12 RMF-18 EXTRACTION RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL I-1 Heavy Commercial and Light Industrial P-1 I-2 General Industrial E-1 COMMERCIAL Residential-Office C-1 C-2 C-3 FORM BASED DISTRICTS Downtown Core Urban Thoroughfare Main Street Center Downtown General Community Services Neighborhood Services Neighborhood Conservation Page 10 of 13

RZN18-6313 Close Up View ALPHA FARMS, LLC. YATES AVE BIRCH AVE ASH ST I-1 Subject Property WOOLSEY AVE ASH ST Proposed ASLAN PL RSF-4 RMF-24 RMF-40 GREGG AVE SYCAMORE ST NP-1 Zoning Acres Legend Hillside-Hilltop Overlay District Planning Area Fayetteville City Limits Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet N/A 0.8 Total 0.8 Page 11 of 13

RZN18-6313 Current Land Use ALPHA FARMS, LLC. N POPLAR ST EASY AVE SHADY AVE POPLAR ST BIRCH AVE Commercial YATES AVE MILLER ST ASH ST Mini Storage Subject Property GREGG AVE Mixed Use Residential ASH ST ASLAN PL Mixed Use Residential WOOLSEY AVE GREENVALLEY AVE SYCAMORE ST DAWN DR PL MO A N VANDEVENTER AVE FOREST HTS Streets Existing MSP Class COLLECTOR MINOR ARTERIAL Trail (Proposed) Planning Area Fayetteville City Limits Feet 0 112.5 225 450 675 900 1 inch = 300 feet Page 12 of 13

Shared RZN18-6313 ALPHA FARMS, LLC. N Future Land Use CHESTNUT AVE CHESTNUT AVE PLUTO DR ASH ST POPLAR ST BIRCH AVE EASY AVE PEAR ST Subject Property ASH ST ASLAN PL SHADY AVE MIL L ER ST WOOLSEY AVE YATES AVE POPLAR ST GREENVALLEY AVE BAKER DR ASH ST WOODLAND AVE DAWN DR MARTHA DR PL M OAN GREGG AVE SPRUCE ST VANDEVENTER AVE FOREST HTS SYCAMORE ST Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Building Footprint Feet 0 145 290 580 870 1,160 1 inch = 400 feet FUTURE LAND USE 2030 Residential Neighborhood Area City Neighborhood Area Civic and Private Open Space/Parks Civic Institutional Non-Municipal Government Page 13 of 13